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"STRIKE AND ADD" VERSION OF PUBLIC LAW 106-392 SHOWING PROPOSED AMENDMENTS TO ACCOMPLISH EXTENSION OF THE AUTHORIZATION FOR CAPITAL CONSTRUCTION PROJECTS FROM 2005 TO 2008 FOR THE UPPER COLORADO RIVER ENDANGERED FISH RECOVERY PROGRAM AND FROM 2007 TO 2008 FOR THE SAN JUAN RIVER BASIN RECOVERY IMPLEMENTATION PROGRAM MAY 2002 H. R. 2348 One Hundred Sixth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-fourth day of January, two thousand An Act To authorize the Bureau of Reclamation to provide cost sharing for the endangered fish recovety implementation programs for the Upper Colorado and San Juan River Basins. Be it enacted by the Senate and House of Representatives afthe United States of America in Congress assembled, SECTION 1. PURPOSE. The purpose of this Act is to authorize and provide funding for the Bureau of Reclamation to continue the implementation of the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins in order to accomplish the objectives of these programs within a currently established time schedule. SEC. 2. DEFINITIONS. As used in this Act: (1 )The term' 'Recovery Implementation Programs" means the intergovernmental programs established pursuant to the 1988 Cooperative Agreement to implement the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River dated September 29, 1987, an.c{ (~xt(::r:ded tb\:;.~ ILh.t(::r:~;i(ln of the Agreement datc:d De(:embc:r 6, 2001, and the 1992 Cooperative Agreement to implement the San Juan River Recovery Implementation Program dated October 21, 1992, and as they may be amended by the parties thereto. (2) The term' 'Secretary" means the Secretary ofthe Interior. (3) The term "Upper Division States" means the States of Colorado, New Mexico, Utah, and Wyoming. (4) The term "Colorado River Storage Project" or "storage project" means those dams, reservoirs, power plants, and other appurtenant project facilities and features authorized by and constructed in accordance with the Colorado River Storage Project Act (43 U.S.C. 620 et seq.). (5) The term' 'capital projects" means planning, design, permitting or other compliance, pre-construction activities, construction, construction management, and replacement of facilities, and the acquisition of interests in land or water, as necessary to carry out the Recovery Implementation Pro-grams. (6) The term' 'facilities" includes facilities for the genetic conservation or propagation of the endangered fishes, those for the restoration of floodplain habitat or fish passage, those for control or supply of instream flows, and those for the removal or translocation of nonnative fishes. (7) The term "interests in land and water" includes, but is not limited to, long-term leases and easements, and long- term enforcement, or other agreements protecting instream flows. (8) The term' 'base funding" means funding for operation and maintenance of capital projects, implementation of recovery actions other than capital projects, monitoring and research to evaluate the need for or effectiveness of any recovery action, and program management, as necessary to carry out the Recovery Implementation Programs. Base funding also includes annual funding provided under the terms ofthe 1988 Cooperative Agreement and the 1992 Cooperative Agreement. (9) The term "recovery actions other than capital projects" includes short-term leases and agreements for interests in land, water, and facilities; the reintroduction or augmentation of endangered fish stocks; and the removal, translocation, or other control of nonnative fishes.