BOARD00562 - Laserfiche WebLink

Home Browse Search

Briefing Paper, Proposed Language and Supporting Material To Extend The Authorized Periods for Appropriation and Implementation Within PL 106-392 May 2002 Page 4 endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins, having considered the same, report favorably thereon and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of H.R. _ [So _J is to amend certain of the date provisions of Public Law 106-392 (PL 106-392) to extend the authorization periods for the Secretary of the Interior, acting tluough the Bureau of Reclamation, to implement capital projects for the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins. This legislation does not change or affect the amowlt of the appropriation authorization provided for in PL 106-392; the funding authorization sums set forth therein remain the same. BACKGROUND As described in House Report 106-791 [Senate Report 106-403 J, two cooperative programs have been established in the Upper Colorado River Basin to accomplish recovery of endangered fish species while at the same time allowing needed water use and development to proceed in compliance with the federal Endangered Species Act. The Upper Colorado River Endangered Fish Recovery Program (Upper Colorado Recovery Program) and the San Juan River Basin Recovery Implementation Program (San Juan Recovery Program) were initiated in 1988 and 1992, respectively. The legislation described in that House report was approved as Public Law 106-392 (PL 106-392) by signature into law by the President on October 30, 2000. That Law authorizes the Bureau of Reclamation to provide cost sharing for capital projects associated with ongoing efforts to recover endangered fish species within the Upper Colorado Recovery Program and the San Juan Recovery Program. It further authorizes the Secretary of the Interior, acting through the Bureau of Reclamation, to accept and expend as if appropriated, contributed funds from the Upper Division States (Colorado, New Mexico, Utah and Wyoming), or political subdivisions or organizations within the Upper Division States to be used for capital construction costs of facilities (as defl11ed in Section 2 of the Law) to enable and enhance the recovery of four endangered fish species native to the Colorado River Basin. That Law specifies periods of time during which the Secretary is authorized to implement capital projects for the two Recovery Programs. The Law specifies that the authority of the Secretary, tluough the Bureau of Reclamation, to implement capital projects expires in 2005 for the Upper Colorado Recovery Program (pursuant to Section 3(a)(2)) and in 2007 for the San Juan Recovery Program (pursuant to Section 3(a)(3) ofPL 106-392), unless reauthorized by an Act of Congress. As defl11ed in Section 2(5) of PL 106-392, capital projects for these programs includes planning, design, permitting or other compliance, pre-construction activities, construction, construction management, and replacement of facilities for the genetic conservation or propagation of the endangered fishes, those for restoring floodplain habitat and fish passage, regulating and/or supplying instream habitat flows, installing screens to prevent fish entrapment in canals, and removing and/or relocating nonnative fishes.