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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 2 <br /> <br />STATUS <br /> <br />Upper Colorado Recovery Program <br />The U.S. Bureau of Reclamation, using federal and state funds and power revenues as <br />authorized in PL 106-392, has constructed fish passageways, fish screens and fish propagation <br />facilities and acquired and restored habitat to support recovery of the listed species. As a result <br />of these and other efforts, measurable progress is being made toward downlisting and deli sting of <br />the listed fish species. Where appropriate, responsibility for operating and maintaining the <br />constructed facilities is being transferred to local entities with funding provided by Reclamation, <br />the states, and SLCA/IP firm power contractors. <br /> <br />Although the two Recovery Programs are making progress and are satisfactorily <br />proceeding, delays in administrative and legal decisions have been encountered that are affecting <br />Reclamation's ability to construct all needed projects within the currently authorized timeframes. <br />Reclamation is finding that negotiation of agreements with non-federal entities in whose <br />facilities fish-exclusion screens and fish-passages will be constructed can be a slow and time- <br />consuming process. A Federal Energy Regulatory Commission licensing proceeding has delayed <br />since 1998 [mal design and construction of a fish-passage structure at the Price-Stubb Diversion <br />Dam near Grand Junction, Colorado. The Tusher Wash Diversion Dam fish exclusion screen has <br />been delayed due to ongoing litigation between the owners of the canal system and the <br />hydropower facility served by the canal system. This litigation has been appealed to the Utah <br />Supreme Court. Reservoir modifications of Elkhead Reservoir (in northeastem Colorado) to <br />provide water for endangered fish require NEPA compliance and 404 permitting. This project is <br />not expected to be completed until 2008. <br /> <br />In the aggregate, the Upper Colorado Recovery Program participants believe that it is not <br />feasible to implement all of the capital projects prior to the authorization expiration at the end of <br />fiscal year 2005, but that such implementation can be completed by the end of fiscal year 2008. <br /> <br />San Juan Recovery Program <br />The San Juan Recovery Program has initiated construction of fish passages. One major <br />passage structure has been completed, and two additional structures are planned. The San Juan <br />Program continues to develop definitive information that will establish additional capital <br />construction needs for fish screens, development of hatchery facilities, and development of <br />in stream habitat. Some uncertainty remains with respect to the need for and timing of these <br />projects. Therefore, it is requested that the amendatory language extend the authority of the <br />Secretary to construct capital projects in the San Juan River Basin from 2007 to 2008. <br /> <br />REOUESTED CONGRESSIONAL ACTION <br /> <br />To address the important need to complete these two recovery programs' capital <br />construction projects, Reclamation's construction authority provided by PL 106-392 needs to be <br />extended tluough fiscal year 2008. The existing cost ceiling is adequate, and no changes are <br />proposed. The following draft is offered by participants in the Upper Colorado Recovery Program <br />