Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service


Upper Colorado and San Juan River Basins Recovery Implementation Program, P.L. 106-392, provides for the following authorities:
• Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin and the San Juan River Basin Recovery Implementation Program. Terminates the authority of the Secretary to implement such projects for such Programs in FY 2005 and 2007, respectively. Limits to $100 million the total costs of such projects.
• 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.

Amendments approved on December 19, 2002, P.L. 107-375, reauthorized the programs through 2008.

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