[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 990 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 990

   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 SENATE OF THE UNITED STATES

                             April 2, 2019

 Mr. Barrasso (for himself, Mr. Gardner, Mrs. Fischer, Mr. Bennet, and 
   Mr. Enzi) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and 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.
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