[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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