text: 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, 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 of the 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 Programs.
          (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 of the 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.
          (10) The term ``depletion charge'' means a one-time 
      contribution in dollars per acre-foot to be paid to the United 
      States Fish and Wildlife Service based on the average annual new 
      depletion by each project.
  
  SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.
  
      (a) Authorization of Appropriations for Federal Participation in 
  Capital Projects.--(1) There is hereby authorized to be appropriated to 
  the Secretary, $46,000,000 to undertake capital projects to carry out 
  the purposes of this Act. Such funds shall be considered a 
  nonreimbursable Federal expenditure.
      (2) The authority of the Secretary, acting through the Bureau of 
  Reclamation, under this or any other provision of law to implement 
  capital projects for the Recovery Implementation Program for Endangered 
  Fish Species in the Upper Colorado River Basin shall expire in fiscal 
  year 2005 unless reauthorized by an Act of Congress.
      (3) The authority of the Secretary to implement the capital 
  projects for the San Juan River Basin Recovery Implementation Program 
  shall expire in fiscal year 2007 unless reauthorized by an Act of 
  Congress.
      (b) Cost of Capital Projects.--The total costs of the capital 
  projects undertaken for the Recovery Implementation Programs receiving 
  assistance under this Act shall not exceed $100,000,000 of which--
          (1) costs shall not exceed $82,000,000 for the Recovery 
      Implementation Program for Endangered Fish Species in the Upper 
      Colorado River Basin through fiscal year 2005; and
          (2) costs shall not exceed $18,000,000 for the San Juan River 
      Recovery Implementation Program through fiscal year 2007.
  The amounts set forth in this subsection shall be adjusted by the 
  Secretary for inflation in each fiscal year beginning after the 
  enactment of this Act.
      (c) Non-Federal Contributions to Capital Projects.--(1) The 
  Secretary, acting through the Bureau of Reclamation, may accept 
  contributed funds from the Upper Division States, or political 
  subdivisions or organizations with the Upper Division States, pursuant 
  to agreements that provide for the contributions to be used for capital 
  projects costs. Such non-Federal contributions shall not exceed 
  $17,000,000.
      (2) In addition to the contribution described in paragraph (1), the 
  Secretary of Energy, acting through the Western Area Power 
  Administration, and the Secretary of the Interior, acting through the 
  Bureau of Reclamation, may utilize power revenues collected pursuant to 
  the Colorado River Storage Project Act to carry out the purposes of 
  this subsection. Such funds shall be treated as reimbursable costs 
  assigned to power for repayment under section 5 of the Colorado River 
  Storage Project Act. This additional contribution shall not exceed 
  $17,000,000. Such funds shall be considered a non-Federal contribution 
  for the purposes of this Act. The funding authorized by this paragraph 
  over any 2-fiscal-year period shall be made available in amounts equal 
  to the contributions for the same 2-fiscal-year period made by the 
  Upper Division States pursuant to paragraph (1).
      (3) The additional funding provided pursuant to paragraph (2) may 
  be provided through loans from the Colorado Water Conservation Board 
  Construction Fund (37-60-121 C.R.S.) to the Western Area Power 
  Administration in lieu of funds which would otherwise be collected from 
  power revenues and used for storage project repayments. The Western 
  Area Power Administration is authorized to repay such loan or loans 
  from power revenues collected beginning in fiscal year 2012, subject to 
  an agreement between the Colorado Water Conservation Board, the Western 
  Area Power Administration, and the Bureau of Reclamation. The agreement 
  and any future loan contracts that may be entered into by the Colorado 
  Water Conservation Board, the Western Area Power Administration, and 
  the Bureau of Reclamation shall be negotiated in consultation with Salt 
  Lake City Area Integrated Projects Firm Power Contractors. The 
  agreement and loan contracts shall include provisions designed to 
  minimize impacts on electrical power rates and shall ensure that loan 
  repayment to the Colorado Water Conservation Board, including principal 
  and interest, is completed no later than September 30, 2057. The 
  Western Area Power Administration is authorized to include in power 
  rates such sums as are necessary to carry out this paragraph and 
  paragraph (2).
      (4) All contributions made pursuant to this subsection shall be in 
  addition to the cost of replacement power purchased due to modifying 
  the operation of the Colorado River Storage Project and the capital 
  cost of water from Wolford Mountain Reservoir in Colorado. Such costs 
  shall be considered as non-Federal contributions, not to exceed 
  $20,000,000.
      (d) Base Funding.--(1) Beginning in the first fiscal year 
  commencing after the date of the enactment of this Act, the Secretary 
  may utilize power revenues collected pursuant to the Colorado River 
  Storage Project Act for the annual base funding contributions to the 
  Recovery Implementation Programs by the Bureau of Reclamation. Such 
  funding shall be treated as nonreimbursable and as having been repaid 
  and returned to the general fund of the Treasury as costs assigned to 
  power for repayment under section 5 of the Colorado River Storage 
  Project Act.
      (2) For the Recovery Implementation Program for the Endangered Fish 
  Species in the Upper Colorado River Basin, the contributions to base 
  funding referred to in paragraph (1) shall not exceed $4,000,000 per 
  year. For the San Juan River Recovery Implementation Program, such 
  contributions shall not exceed $2,000,000 per year. The Secretary shall 
  adjust such amounts for inflation in fiscal years commencing after the 
  enactment of this Act. The utilization of power revenues for annual 
  base funding shall cease after the fiscal year 2011, unless 
  reauthorized by Congress; except that power revenues may continue to be 
  utilized to fund the operation and maintenance of capital projects and 
  monitoring. No later than the end of fiscal year 2008, the Secretary 
  shall submit a report on the utilization of power revenues for base 
  funding to the appropriate Committees of the United States Senate and 
  the House of Representatives. The Secretary shall also make a 
  recommendation in such report regarding the need for continued base 
  funding after fiscal year 2011 that may be required to fulfill the 
  goals of the Recovery Implementation Programs. Nothing in this Act 
  shall otherwise modify or amend existing agreements among participants 
  regarding base funding and depletion charges for the Recovery 
  Implementation Programs.
      (3) The Western Area Power Administration and the Bureau of 
  Reclamation shall maintain sufficient revenues in the Colorado River 
  Basin Fund to meet their obligation to provide base funding in 
  accordance with paragraph (2). If the Western Area Power Administration 
  and the Bureau of Reclamation determine that the funds in the Colorado 
  River Basin Fund will not be sufficient to meet the obligations of 
  section 5(c)(1) of the Colorado River Storage Project Act for a 3-year 
  period, the Western Area Power Administration and the Bureau of 
  Reclamation shall request appropriations to meet base funding 
  obligations.
      (e) Authority To Retain Appropriated Funds.--At the end of each 
  fiscal year any unexpended appropriated funds for capital projects 
  under this Act shall be retained for use in future fiscal years. 
  Unexpended funds under this Act that are carried over shall continue to 
  be used to implement the capital projects needed for the Recovery 
  Implementation Programs.
      (f) Additional Authority.--The Secretary may enter into agreements 
  and contracts with Federal and non-Federal entities, acquire and 
  transfer interests in land, water, and facilities, and accept or give 
  grants in order to carry out the purposes of this Act.
      (g) Indian Trust Assets.--The Congress finds that much of the 
  potential water development in the San Juan River Basin and in the 
  Duchesne River Basin (a subbasin of the Green River in the Upper 
  Colorado River Basin) is for the benefit of Indian tribes and most of 
  the federally designated critical habitat for the endangered fish 
  species in the San Juan River Basin is on Indian trust lands, and 2\1/
  2\ miles of critical habitat on the Duchesne River is on Indian Trust 
  Land. Nothing in this Act shall be construed to restrict the Secretary, 
  acting through the Bureau of Reclamation and the Bureau of Indian 
  Affairs, from funding activities or capital projects in accordance with 
  the Federal Government's Indian trust responsibility.
      (h) Termination of Authority.--All authorities provided by this 
  section for the respective Recovery Implementation Program shall 
  terminate upon expiration of the current time period for the respective 
  Cooperative Agreement referenced in section 2(1) unless, at least 1 
  year prior to such expiration, the time period for the respective 
  Cooperative Agreement is extended to conform with this Act.
  
  SEC. 4. EFFECT ON RECLAMATION LAW.
  
      Specifically with regard to the acreage limitation provisions of 
  Federal reclamation law, any action taken pursuant to or in furtherance 
  of this title will not--
          (1) be considered in determining whether a district as defined 
      in section 202(2) of the Reclamation Reform Act of 1982 (43 U.S.C. 
      390bb) has discharged its obligation to repay the construction cost 
      of project facilities used to make irrigation water available for 
      delivery to land in the district;
          (2) serve as the basis for reinstating acreage limitation 
      provisions in a district that has completed payment of its 
      construction obligations; or
          (3) serve as the basis for increasing the construction 
      repayment obligation of the district and thereby extending the 
      period during which the acreage limitation provisions will apply.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: Authorizes: (1) the Secretary to accept up to $17 million in contributed funds from Colorado, New Mexico, Utah, and Wyoming (the Upper Division States), or political subdivisions or organizations thereof, pursuant to agreements that provide for the contributions to be used for capital project costs; (2) the Secretary and the Secretary of Energy, acting through the Western Area Power Administration, to utilize for such projects up to $17 million in power revenues collected pursuant to the Colorado River Storage Project Act; and (3) the Secretary to utilize such power revenues for the annual base funding contributions to the programs by the Bureau for a specified period. Requires the Secretary to report to the appropriate congressional committees on the utilization of such power revenues for base funding.
  Authorizes the retention of unexpended appropriated funds for projects under this Act for use in future fiscal years.
  States that nothing in this Act shall restrict the Secretary from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility.
  Terminates all authorities for the respective Program upon the expiration of the current time period for the respective Cooperative Agreement unless, at least one year prior to expiration, the time period for such Agreement is extended.
  Provides that no action taken pursuant to this Act shall: (1) be considered in determining whether a district has discharged its obligation to repay the construction cost of project facilities used to make irrigation water available for delivery to land in the district; (2) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of its construction obligations; or (3) serve as the basis for increasing the construction repayment obligation of the district and thereby extending the period during which the acreage limitation provisions will apply.
feat_title: To authorize the Bureau of Reclamation to provide cost sharing for the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins.