[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 1462 Reported in Senate (RS)]
Calendar No. 673
110th CONGRESS
2d Session
H. R. 1462
[Report No. 110-321]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23, 2007
Received; read twice and referred to the Committee on Energy and
Natural Resources
April 10, 2008
Reported by Mr. Bingaman, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to participate in the
implementation of the Platte River Recovery Implementation Program for
Endangered Species in the Central and Lower Platte River Basin and to
modify the Pathfinder Dam and Reservoir.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Platte River
Recovery Implementation Program and Pathfinder Modification
Authorization Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM
Sec. 101. Definitions.
Sec. 102. Implementation of Program.
Sec. 103. Cost-sharing contributions.
Sec. 104. Authority to modify Program.
Sec. 105. Effect.
Sec. 106. Authorization of appropriations.
Sec. 107. Termination of authority.
TITLE II--PATHFINDER MODIFICATION PROJECT
Sec. 201. Authorization of project.
Sec. 202. Authorized uses of pathfinder reservoir.
SEC. 2. PURPOSES.
The purposes of this Act are to authorize--
(1) the Secretary of the Interior, acting through the
Commissioner of Reclamation and in partnership with the States,
other Federal agencies, and other non-Federal entities, to
continue the cooperative effort among the Federal and non-
Federal entities through the implementation of the Platte River
Recovery Implementation Program for threatened and endangered
species in the Central and Lower Platte River Basin without
creating Federal water rights or requiring the grant of water
rights to Federal entities; and
(2) the modification of the Pathfinder Dam and
<DELETED>Reservoir</DELETED> Reservoir, in accordance with the
requirements described in title II.
TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM
SEC. 101. DEFINITIONS.
In this title:
(1) Agreement.--The term ``Agreement'' means the Platte
River Recovery Implementation Program Cooperative Agreement
entered into by the Governors of the States and the Secretary.
(2) First increment.--The term ``First Increment'' means
the first 13 years of the Program.
(3) Governance committee.--The term ``Governance
Committee'' means the governance committee established under
the Agreement and composed of members from the States, the
Federal Government, environmental interests, and water users.
(4) Interest in land or water.--The term ``interest in land
or water'' includes a fee title, short- or long-term easement,
lease, or other contractual arrangement that is determined to
be necessary by the Secretary to implement the land and water
components of the Program.
(5) Program.--The term ``Program'' means the Platte River
Recovery Implementation Program established under the
Agreement.
(6) Project or activity.--The term ``project or activity''
means--
(A) the planning, design, permitting or other
compliance activity, preconstruction activity,
construction, construction management, operation,
maintenance, and replacement of a facility;
(B) the acquisition of an interest in land or
water;
(C) habitat restoration;
(D) research and monitoring;
(E) program administration; and
(F) any other activity that is determined to be
necessary by the Secretary to carry out the Program.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) States.--The term ``States'' means the States of
Nebraska, Wyoming, and Colorado.
SEC. 102. IMPLEMENTATION OF PROGRAM.
(a) In General.--The Secretary, in cooperation with the Governance
Committee, may--
(1) participate in the Program; and
(2) carry out any projects and activities that are
designated for implementation during the First Increment.
(b) Authority of Secretary.--For purposes of carrying out this
<DELETED>title</DELETED> Act, the Secretary, in cooperation with the
Governance Committee, may--
(1) enter into agreements and contracts with Federal and
non-Federal entities;
(2) acquire interests in land, water, and facilities from
willing sellers without the use of eminent domain;
(3) subsequently transfer any interests acquired under
paragraph (2); and
(4) accept or provide grants.
SEC. 103. COST-SHARING CONTRIBUTIONS.
(a) In General.--As provided in the Agreement, the
<DELETED>participating</DELETED> States shall contribute not less than
50 percent of the total contributions necessary to carry out the
Program.
(b) Non-Federal Contributions.--The following contributions shall
constitute the States' share of the Program:
(1) $30,000,000 in non-Federal funds, with the balance of
funds remaining to be contributed to be adjusted for inflation
on October 1 of the year after the date of enactment of this
Act and each October 1 thereafter.
(2) Credit for contributions of water or land for the
purposes of implementing the Program, as determined to be
appropriate by the Secretary.
(c) In-Kind Contributions.--The Secretary or the States may elect
to provide a portion of the Federal share or non-Federal share,
respectively, in the form of in-kind goods or services, if the
contribution of goods or services is approved by the Governance
Committee, as provided in Attachment 1 of the Agreement.
SEC. 104. AUTHORITY TO MODIFY PROGRAM.
The Program may be modified or amended before the completion of the
First Increment if the Secretary and the States determine that the
modifications are consistent with the purposes of the Program.
SEC. 105. EFFECT.
(a) Effect on Reclamation Laws.--No action carried out under this
title shall, with respect to the acreage limitation provisions of the
reclamation laws--
(1) be considered in determining whether a district (as the
term is defined in section 202 of the Reclamation Reform Act of
1982 (43 U.S.C. 390bb)) has discharged the obligation of the
district 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 the
construction obligations of the district; or
(3) serve as the basis for increasing the construction
repayment obligation of the district, which would extend the
period during which the acreage limitation provisions would
apply.
(b) Effect on Water Rights.--Nothing in this <DELETED>title</DELETED>
Act--
(1) creates Federal water rights; or
(2) requires the grant of water rights to Federal entities.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out projects and activities under this title $157,140,000, as adjusted
under subsection (c).
(b) Nonreimbursable Federal Expenditures.--Any amounts expended
under subsection (a) shall be considered to be nonreimbursable Federal
expenditures.
(c) Adjustment.--The balance of funds remaining to be appropriated
shall be adjusted for inflation on October 1 of the year after the
enactment of this Act and each October 1 thereafter.
(d) Availability of Funds.--At the end of each fiscal year, any
unexpended funds for projects and activities made available under
subsection (a) shall be retained for use in future fiscal years to
implement projects and activities under the Program.
SEC. 107. TERMINATION OF AUTHORITY.
The authority for the Secretary to implement the First Increment
shall terminate on September 30, 2020.
TITLE II--PATHFINDER MODIFICATION PROJECT
SEC. 201. AUTHORIZATION OF PROJECT.
(a) In General.--The Secretary of the Interior, acting through the
Commissioner of Reclamation (referred to in this title as the
``Secretary''), may--
(1) modify the Pathfinder Dam and Reservoir; and
(2) enter into 1 or more agreements with the State of
Wyoming to implement the Pathfinder Modification Project
(referred to in this title as the ``Project''), as described in
Appendix F to the Final Settlement Stipulation in Nebraska v.
Wyoming, 534 U.S. 40 (2001).
(b) Federal Appropriations.--No Federal appropriations are required
to modify the Pathfinder Dam under this section.
SEC. 202. AUTHORIZED USES OF PATHFINDER RESERVOIR.
<DELETED>The approximately</DELETED> Provided that all of the
conditions described in section 203 are first met, the approximately
54,000 acre-feet capacity of Pathfinder Reservoir, which has been lost
to sediment but will be recaptured by the Project, may be used for
municipal, environmental, and other purposes, as described in Appendix
F to the Final Settlement Stipulation in Nebraska v. Wyoming, 534 U.S.
40 (2001).
SEC. 203. CONDITIONS PRECEDENT.
The actions and water uses authorized in sections 201(a)(1) and 202
shall not occur until each of the following actions have been
completed:
(1) Final approval from the Wyoming legislature for the
export of Project water to the State of Nebraska under the laws
(including regulations) of the State of Wyoming.
(2) Final approval in a change of water use proceeding
under the laws (including regulations) of the State of Wyoming
for all new uses planned for Project water. Final approval, as
used in this paragraph, includes exhaustion of any available
review under State law of any administrative action authorizing
the change of the Pathfinder Reservoir water right.
Calendar No. 673
110th CONGRESS
2d Session
H. R. 1462
[Report No. 110-321]
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to participate in the
implementation of the Platte River Recovery Implementation Program for
Endangered Species in the Central and Lower Platte River Basin and to
modify the Pathfinder Dam and Reservoir.
_______________________________________________________________________
April 10, 2008
Reported with amendments