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<br />Briefing Paper, Proposed Language and Supporting Material To Extend <br />The Authorized Periods for Appropriation and Implementation Within PL 106-392 <br />May 2002 <br /> <br />Page 6 <br /> <br />While the Upper Colorado Recovery Program participants (namely, the three States of <br />Colorado, Utah and Wyoming, the Bureau of Reclamation, the Fish and Wildlife Service, National <br />Park Service and Westem Area Power Administration, water users, environmentalists, and Salt <br />Lake City Area/Integrated Projects (SLCA/IP) fum power contractors) have diligently been <br />working under the authorities provided in PL 106-392 to plan, design, permit, construct and operate <br />the authorized capital projects; the participants, collectively, are concemed that they may be unable <br />to carry out and complete all necessary and authorized work by the end of the 2005 fiscal year. <br />Those concems arise out of a number of factors that include: <br /> <br />negotiation of agreements with non-federal entities in whose facilities fish exclusion <br />screens and fish passage structures will be constructed; <br />a Federal Energy Regulatory Commission licensing proceeding that has delayed plans <br />since 1998 to complete fmal design and initiate construction of a fish passage structure <br />at the Price-Stubb Diversion Dam near Grand Junction, Colorado; and, <br />reservoir modifications of Elkhead Reservoir (in northeastem Colorado) to provide <br />water for the endangered fish requires National Environmental Policy Act compliance <br />and Clean Water Act permitting. These modifications are not expected to be completed <br />until 2008. <br /> <br />In the aggregate, the Upper Colorado Recovery Program participants believe it may be very <br />difficult to implement all of the capital projects prior to the authorization expiration at the end of <br />fiscal year 2005. <br /> <br />The Upper Colorado Recovery Program participants correctly point out that it is their <br />intention that the remaining capital project facilities, once in place, will serve, as have other <br />measures heretofore completed and operating, as the reasonable and prudent altemative to avoid <br />the likelihood of jeopardy to the endangered fish species and to avoid adverse modification or <br />destruction of critical habitat pursuant to Section 7 of the federal Endangered Species Act and its <br />implementing regulations. The participants have a long history of working together, demonstrated <br />since 1988, and convincingly make the argument that extending the capital project implementation <br />periods, without increasing the amount of the appropriation authorization, reflects a pragmatic <br />realization of limitations. The Program participants desire sufficient time to accomplish the capital <br />proj ect measures needed to progress towards recovery of the four species of endangered fish. <br /> <br />The San Juan Recovery Program participants presently have authorization for funding and <br />implementing capital projects through 2007. Given present wlcertainty as to capital project needs, <br />the San Juan Recovery Program participants have determined that an additional year of <br />authorization is prudent and advisable. Efforts are being made to incorporate these two Recovery <br />Programs' cooperative, innovative approaches within other programs to resolve endangered species <br />and resource use conflicts across the Nation. The Committee is thus favorably disposed to further <br />assisting the ongoing efforts of the Upper Colorado and San Juan Recovery Programs by <br />recommending the enactment of these amendments to PL 106-392. <br /> <br />LEGISLATIVE HISTORY <br />