[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3237 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3237
To authorize the Secretary of the Interior to participate in the
implementation of the Platte River Recovery Implementation Program
First Increment Extension for threatened and endangered species in the
Central and Lower Platte River Basin, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2019
Mr. Neguse (for himself, Mr. Tipton, Ms. DeGette, Mr. Buck, Mr.
Lamborn, Mr. Crow, Mr. Perlmutter, Mr. Fortenberry, Mr. Bacon, and Mr.
Smith of Nebraska) introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to participate in the
implementation of the Platte River Recovery Implementation Program
First Increment Extension for threatened and endangered species in the
Central and Lower Platte River Basin, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Platte River Recovery Implementation
Program Extension Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize 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 continued implementation of the
Platte River Recovery Implementation Program First Increment Extension
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.
SEC. 3. DEFINITIONS.
In this Act:
(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,
including an amendment or addendum to the Agreement to extend
the Program.
(2) First increment.--The term ``First Increment'' means
the Program's first 13 years from January 1, 2007, through
December 31, 2019.
(3) First increment extension.--The term ``First Increment
Extension'' means the extension of the Program for 13 years
from January 1, 2020, through December 31, 2032.
(4) 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.
(5) Interest in land or water.--The term ``interest in land
or water'' includes 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.
(6) Program.--The term ``Program'' means the Platte River
Recovery Implementation Program established under the Agreement
and continued under an amendment or addendum to the Agreement.
(7) Project or activity.--The term ``project or activity''
means--
(A) the planning, design, permitting, or other
compliance 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.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(9) States.--The term ``States'' means the States of
Colorado, Nebraska, and Wyoming.
SEC. 4. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM.
(a) Implementation of Program.--
(1) In general.--The Secretary, in cooperation with the
Governance Committee, may--
(A) participate in the Program; and
(B) carry out any projects and activities that are
designated for implementation during the First
Increment Extension.
(2) Authority of the secretary.--For the purposes of
carrying out this section, the Secretary, in cooperation with
the Governance Committee, may--
(A) enter into agreements and contracts with
Federal and non-Federal entities;
(B) acquire interests in land, water, and
facilities from willing sellers without the use of
eminent domain;
(C) subsequently transfer any interests acquired
under subparagraph (B); and
(D) accept or provide grants.
(b) Cost-Sharing Contributions.--
(1) In general.--As provided in the Agreement, the States
shall contribute not less than 50 percent of the total
contributions necessary to carry out the Program.
(2) Non-federal contributions.--The following contributions
shall constitute the States' share of the Program:
(A) An additional $28,000,000 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.
(B) Additional credit for contributions of water or
land for the purposes of implementing the Program, as
determined to be appropriate by the Secretary.
(3) 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.
(c) Authority To Modify Program.--The Program may be modified or
amended before the completion of the First Increment Extension if the
Secretary and the States determine that the modifications are
consistent with the purposes of the Program.
(d) Effect.--
(1) Effect on reclamation laws.--No action carried out
under this section shall, with respect to the acreage
limitation provisions of the reclamation laws--
(A) 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;
(B) serve as the basis for reinstating acreage
limitation provisions in a district that has completed
payment of the construction obligations of the
district; or
(C) 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.
(2) Effect on water rights.--Nothing in this section--
(A) creates Federal water rights; or
(B) requires the grant of water rights to Federal
entities.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out projects and activities under this section an
additional $78,000,000 as adjusted under paragraph (3).
(2) Nonreimbursable federal expenditures.--Any amounts to
be expended under paragraph (1) shall be considered
nonreimbursable Federal expenditures.
(3) Adjustment.--The balance of funds remaining to be
expended shall be adjusted for inflation on October 1 of the
year after the date of enactment of this Act and each October 1
thereafter.
(4) Availability of funds.--At the end of each fiscal year,
any unexpended funds for projects and activities made available
under paragraph (1) shall be retained for use in future fiscal
years to implement projects and activities under the Program.
Any unexpended funds appropriated during the First Increment
shall be retained and carried over from the First Increment
into the First Increment Extension.
(f) Termination of Authority.--The authority for the Secretary to
implement the First Increment Extension shall terminate on September
30, 2033.
<all>