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1 River Recovery Implementation Program dated October 21, 1992, and as <br />2 they may be amended by the parties thereto. <br />3 (b) the term "Secretary" means the Secretary of the Interior. <br />4 (c) the term "Upper Division states" means the states of Colorado, New <br />5 Mexico, Utah and Wyoming. <br />6 (d) the term "Endangered Species Act" means the Endangered Species Act <br />7 of 1973 (16 U.S.C. 1531 et. seq.) and any federal regulation implementing <br />8 the Endangered Species Act. <br />9 (e) the term "Reclamation" means the U.S. Bureau of Reclamation. <br />10 (f) the term "Service" means the U.S. Fish and Wildlife Service. <br />11 (g) the term "Indian Affairs" means the U.S. Bureau of Indian Affairs. <br />12 (h) the term "capital projects" means planning, design, permitting or other <br />13 compliance, construction, construction management, and replacement of <br />14 facilities, and the acquisition of interests in land or water, as necessary to <br />15 carry out the Recovery Implementation Programs. <br />16 (i) the term "facilities" includes facilities for the genetic conservation or <br />17 propagation of the endangered fishes, those for the restoration of <br />18 floodplain habitat or fish passage, those for regulation or supply of <br />19 instream flows, and those for the removal or translocation of non - native <br />20 fishes. <br />21 0) the term "interests in land and water" includes long -term leases and <br />22 easements, and long -term enforcement or other agreements protecting <br />23 instream flows. <br />24 (k) the term "base funding" means funding for operation and maintenance <br />25 of capital projects, implementation of recovery actions other than capital <br />26 projects, monitoring and research to evaluate the need for or effectiveness <br />27 of any recovery action, and program management, as necessary to carry <br />28 out the Recovery Implementation Programs. Base funding also includes <br />