Overview

Title

To reauthorize the Bureau of Reclamation to provide cost-shared funding to implement the endangered and threatened fish recovery programs for the Upper Colorado and San Juan River Basins.

ELI5 AI

The bill aims to help rare fish in parts of the Colorado and San Juan Rivers by giving money to programs that protect them. It says the government and others can share the costs, and it plans to keep this funding going until 2031, even including adjustments for inflation to cover rising costs.

Summary AI

The bill, S. 2247, seeks to reauthorize the Bureau of Reclamation to provide funding aimed at implementing recovery programs for endangered and threatened fish in the Upper Colorado and San Juan River Basins. It includes revisions to existing laws, such as updating definitions and extending funding authorization until 2031, with adjustments for inflation. The bill allows for both federal and non-federal contributions toward implementing these recovery programs and repeals a previous limitation on travel for advocacy purposes.

Published

2024-04-09
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-04-09
Package ID: BILLS-118s2247rs

Bill Statistics

Size

Sections:
2
Words:
1,930
Pages:
12
Sentences:
30

Language

Nouns: 546
Verbs: 164
Adjectives: 70
Adverbs: 13
Numbers: 130
Entities: 129

Complexity

Average Token Length:
4.08
Average Sentence Length:
64.33
Token Entropy:
4.97
Readability (ARI):
33.13

AnalysisAI

To reauthorize the Bureau of Reclamation for the purpose of cost-sharing funding, this bill seeks to bolster programs dedicated to the recovery of endangered and threatened fish species in the Upper Colorado and San Juan River Basins. Sponsored by senators across both parties, this legislation underscores the ongoing environmental efforts required to maintain biodiversity in key riverine ecosystems.

General Summary of the Bill

This bill, titled the "Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023," aims to extend and modify existing wildlife recovery initiatives up to the year 2031. It proposes amendments to previous legislation to incorporate threatened species alongside endangered ones, increases the authorization for funding for specific projects, and adjusts how non-federal contributions can be leveraged to finance these environmental programs. The bill also seeks to repeal certain travel restrictions initially imposed to limit advocacy.

Significant Issues

Several issues emerge in the bill’s current draft. Firstly, there’s an ambiguity in the phrases "adjusted for inflation" and "widely available engineering cost indices," which lack detailed procedural guidelines. This could result in confusion over the exact sums appropriated annually for the programs.

The bill permits sizeable non-federal contributions for capital projects without setting stringent oversight mechanisms. This could raise ethical concerns about donor influence over public conservation projects. Another issue lies in the partial explanation of "replacement power," where a lack of clarity on how associated costs will be managed could lead to financial mismanagement.

Furthermore, the repeal of limitations on travel for advocacy purposes could result in misuse without a clear rationale for its removal. Lastly, references to the "Colorado River Storage Project Act" could confuse stakeholders unfamiliar with the Act's implications on the current legislative text.

Impact on the Public

The implications of this bill are wide-ranging. On the broad public spectrum, successful implementation could lead to healthier ecosystems within the Upper Colorado and San Juan River Basins, benefiting biodiversity and improving ecological stability. This could also enhance recreational opportunities and community engagement with natural spaces, promoting a healthier environment.

However, there are concerns about financial oversight and the lack of clear monetary guidelines, which could result in inefficiencies. Without proper checks, the financial misalignment could lead to increased taxpayer expenditure without proportional improvements in program outcomes.

Impact on Specific Stakeholders

Environmental organizations and advocates stand to benefit significantly from the bill, as it underscores commitment to endangered and threatened fish species recovery. However, there is potential skepticism about non-federal contributions influencing projects, which might skew program priorities. Local communities within the basin areas could see economic boosts from increased environmental tourism and improved water quality, but might face uncertainties if project funding becomes inconsistent due to inflationary adjustments.

In sectors like energy, particularly entities involved in the Colorado River Storage Project, ambiguities related to replacement power funding might lead to operational uncertainties or additional costs. Hence, stakeholders may either support the initiative for its ecological benefits or challenge it based on financial and operational clarity concerns.

This bill, although well-intentioned in its environmental goals, presents numerous complexities and potential loopholes that stakeholders must carefully navigate to ensure its effective and fair implementation.

Financial Assessment

The bill, S. 2247, addresses the funding for recovery programs aimed at preserving endangered and threatened fish species in the Upper Colorado and San Juan River Basins. It sets out to authorize new financial provisions and update existing regulations to ensure these programs continue to receive necessary resources.

Financial Allocations

The bill introduces a new authorization of $50 million for the period of fiscal years 2024 through 2031 to fund capital projects as part of these recovery efforts. Importantly, this sum is designated as nonreimbursable, meaning it does not need to be paid back, which suggests a concerted federal effort to support long-term environmental recovery without placing the financial burden on other parties.

Furthermore, this financial authorization includes provisions for the amount to be adjusted for inflation yearly. The bill indicates that these adjustments should be calculated based on "widely available engineering cost indices" relevant to the construction activities involved. While this is a forward-thinking measure to account for cost variances over time, the lack of specific procedural guidelines or definitions on how these adjustments will be calculated can lead to budgetary uncertainty. This imprecision is a notable issue as it could complicate long-term financial planning and management of the allocated funds.

In addition to these appropriations, the bill allows the Bureau of Reclamation to "accept contributed funds" from non-federal sources, such as states and organizations, for both capital projects and annual base funding. Although this provision encourages financial participation from various stakeholders, the lack of stringent oversight mechanisms might open paths to undue influence from contributors, presenting ethical concerns about fairness and transparency.

Federal and Non-Federal Contributions

The bill permits Federal contributions to annual funding, including utilizing power revenues generated under the Colorado River Storage Project Act. However, it does not elaborate on the potential impact or future changes to this existing revenue source, which could affect stakeholders involved in the initial Colorado River Storage Project arrangements.

Non-federal contributions for annual base funding are accepted under agreements, yet there's a fundamental lack of clarity on what constitutes a "non-Federal contribution." Especially concerning is the absence of controls regarding "replacement power" costs which might arise to benefit the threatened or endangered fish species, as these can significantly affect the overall financial execution of the programs.

Repeal of Travel Limitations

Lastly, the bill repeals a previous limitation on travel for advocacy purposes. This repeal, because it lacks clarification, raises concerns about the potential misuse of allocated funds. Without a justification or oversight, it leaves room for perceived or actual financial abuses, especially if travel expenses were to escalate without demonstrating a direct benefit to the recovery programs.

Overall, while S. 2247 lays out a framework for substantial financial support over several years, addressing some of the identified issues with clear, detailed guidance on financial management and oversight would likely strengthen the integrity and effectiveness of the expenditure program.

Issues

  • The lack of clarity and consistency in adjusting appropriated amounts for inflation and construction costs could result in budgetary uncertainty. This ambiguity lies in Section 2, where terms like 'adjusted for inflation' and 'widely available engineering cost indices' are used without clear procedural guidelines or definitions.

  • Omitting a detailed explanation of what constitutes 'replacement power' and how costs are assessed might lead to misunderstandings or misallocation of funds, which is important for both legal and financial clarity. This is mentioned in Section 2 under the provision regarding contributions for annual base funding.

  • Allowing 'non-Federal' contributions for 'capital projects costs' without stringent oversight might create opportunities for undue influence or favoritism towards contributors, raising potential ethical concerns. This issue is highlighted in Section 2 regarding non-federal contributions to capital projects and annual base funding.

  • The amendment references the Act of April 11, 1956, commonly known as the 'Colorado River Storage Project Act', without providing context or a summary of its relevance, potentially causing confusion about its impact on current operations or funding. This is seen in Section 2 regarding Federal contributions to annual base funding.

  • Repealing the 'limitation on travel for advocacy purposes' without providing justification could lead to perceived or actual misuse of funds, raising ethical concerns. This is addressed in Section 2 regarding the repeal of certain travel limitations.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill gives it a short name, which is the “Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023”.

2. Reauthorization of Upper Colorado and San Juan River Basins endangered fish and threatened fish recovery implementation programs Read Opens in new tab

Summary AI

The bill makes amendments to the Upper Colorado and San Juan River Basins wildlife recovery programs, emphasizing recovery efforts for both endangered and threatened fish species. It adjusts the funding authorization for these programs through 2031, outlines contributions from federal and non-federal sources to support recovery efforts, and removes a previous restriction on travel for advocacy purposes.

Money References

  • (b) Definitions.—Section 2 of Public Law 106–392 (114 Stat. 1602; 116 Stat. 3113) is amended— (1) in paragraph (1), by striking “to implement the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River dated September 29, 1987, and extended by the Extension of the Cooperative Agreement dated December 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” and inserting “for the Recovery Implementation Program for Endangered Species in the Upper Colorado River Basin dated September 29, 1987, and the 1992 Cooperative Agreement for the San Juan River Basin Recovery Implementation Program dated October 21, 1992, as the agreements may be amended and extended”; (2) in paragraph (6)— (A) by inserting “or threatened” after “endangered”; and (B) by striking “removal or translocation” and inserting “control”; (3) in paragraph (7), by striking “long-term” each place it appears; (4) in paragraph (8), in the second sentence, by striking “1988 Cooperative Agreement and the 1992 Cooperative Agreement” and inserting “Recovery Implementation Programs”; (5) in paragraph (9)— (A) by striking “leases and agreements” and inserting “acquisitions”; (B) by inserting “or threatened” after “endangered”; and (C) by inserting “, as approved under the Recovery Implementation Programs” after “nonnative fishes”; and (6) in paragraph (10), by inserting “pursuant to the Recovery Implementation Program for Endangered Species in the Upper Colorado River Basin” after “Service”. (c) Authorization To fund recovery programs.—Section 3 of Public Law 106–392 (114 Stat. 1603; 116 Stat. 3113; 120 Stat. 290; 123 Stat 1310; 126 Stat. 2444; 133 Stat. 809) (as amended by section 101 of division CC of the Consolidated Appropriations Act, 2023 (Public Law 117–328)) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking “(1) There is hereby authorized to be appropriated to the Secretary, $88,000,000 to undertake capital projects to carry out the purposes of this Act.
  • “(1) AUTHORIZATION.— “(A) IN GENERAL.—Subject to subparagraph (B), there is authorized to be appropriated to the Secretary for use by the Bureau of Reclamation to undertake capital projects to carry out the purposes of this Act $50,000,000 for the period of fiscal years 2024 through 2031. “
  • Secretary, acting through the Bureau of Reclamation, may accept contributed funds, interests in land and water, or other contributions from the Upper Division States, political subdivisions of the Upper Division States, or individuals, entities, or organizations within the Upper Division States, pursuant to agreements that provide for the contributions to be used for capital projects costs.”; (3) by redesignating subsections (d) through (j) as subsections (c) through (i), respectively; (4) in subsection (c) (as so redesignated)— (A) in paragraph (1)(A), by striking “$10,000,000 for each of fiscal years 2020 through 2024” and inserting “$92,040,000 for the period of fiscal years 2024 through 2031”; (B) in paragraph (2)— (i) in the first sentence, by striking “$4,000,000 per year” and inserting “$61,100,000 for the period of fiscal years 2024 through 2031”; (ii) in the second sentence— (I) by inserting “Basin” after “San Juan River”; and (II) by striking “$2,000,000 per year” and inserting “$30,940,000 for the period of fiscal years 2024 through 2031”; and (iii) in the third sentence, by striking “in fiscal years commencing after the enactment of this Act” and inserting “for fiscal year 2024 and each fiscal year thereafter”; and (C) by striking paragraph (3) and inserting the following: “(3) FEDERAL CONTRIBUTIONS TO ANNUAL BASE FUNDING.— “(A) IN GENERAL.—For each of fiscal years 2024 through 2031, the Secretary, acting through the Bureau of Reclamation, may accept funds from other Federal agencies, including power revenues collected pursuant to the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.).