[Congressional Record Volume 162, Number 19 (Tuesday, February 2, 2016)]
[Senate]
[Pages S506-S507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3206. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF 
                   FONTENELLE RESERVOIR AVAILABLE FOR USE.

       (a) In General.--The Secretary of the Interior, in 
     cooperation with the State of Wyoming, may amend the Definite 
     Plan Report for the Seedskadee Project authorized under the 
     first section of the Act of April 11, 1956 (commonly known as 
     the ``Colorado River Storage Project Act'') (43 U.S.C. 620), 
     to provide for the study, design, planning, and construction 
     activities that will enable the use of all active storage 
     capacity (as may be defined or limited by legal, hydrologic, 
     structural, engineering, economic, and environmental 
     considerations) of Fontenelle Dam and Reservoir, including 
     the placement of sufficient riprap on the upstream face of 
     Fontenelle Dam to allow the active storage capacity of 
     Fontenelle Reservoir to be used for those purposes for which 
     the Seedskadee Project was authorized.
       (b) Cooperative Agreements.--
       (1) In general.--The Secretary of the Interior may enter 
     into any contract, grant, cooperative agreement, or other 
     agreement that is necessary to carry out subsection (a).
       (2) State of wyoming.--
       (A) In general.--The Secretary of the Interior shall enter 
     into a cooperative agreement with the State of Wyoming to 
     work in cooperation and collaboratively with the State of 
     Wyoming for planning, design, related preconstruction 
     activities, and construction of any modification of the 
     Fontenelle Dam under subsection (a).
       (B) Requirements.--The cooperative agreement under 
     subparagraph (A) shall, at a minimum, specify the 
     responsibilities of the Secretary of the Interior and the 
     State of Wyoming with respect to--
       (i) completing the planning and final design of the 
     modification of the Fontenelle Dam under subsection (a);
       (ii) any environmental and cultural resource compliance 
     activities required for the modification of the Fontenelle 
     Dam under subsection (a) including compliance with--

       (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (III) subdivision 2 of division A of subtitle III of title 
     54, United States Code; and

       (iii) the construction of the modification of the 
     Fontenelle Dam under subsection (a).
       (c) Funding by State of Wyoming.--Pursuant to the Act of 
     March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), 
     and as a condition of providing any additional storage under 
     subsection (a), the State of Wyoming shall provide to the 
     Secretary of the Interior funds for any work carried out 
     under subsection (a).
       (d) Other Contracting Authority.--
       (1) In general.--The Secretary of the Interior may enter 
     into contracts with the State of Wyoming, on such terms and 
     conditions as the Secretary of the Interior and the State of 
     Wyoming may agree, for division of any additional active 
     capacity made available under subsection (a).
       (2) Terms and conditions.--Unless otherwise agreed to by 
     the Secretary of the Interior and the State of Wyoming, a 
     contract entered into under paragraph (1) shall be subject to 
     the terms and conditions of Bureau of Reclamation Contract 
     No. 14-06-400-2474 and Bureau of Reclamation Contract No. 14-
     06-400-6193.
       (e) Savings Provisions.--Unless expressly provided in this 
     section, nothing in this section modifies, conflicts with, 
     preempts, or otherwise affects--
       (1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.) 
     (commonly known as the ``Boulder Canyon Project Act'');
       (2) the Colorado River Compact of 1922, as approved by the 
     Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
       (3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.) 
     (commonly known as the ``Boulder Canyon Project Adjustment 
     Act'');
       (4) the Treaty between the United States of America and 
     Mexico relating to the utilization of waters of the Colorado 
     and Tijuana Rivers and of the Rio Grande, and supplementary 
     protocol signed November 14, 1944, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (5) the Upper Colorado River Basin Compact as consented to 
     by the Act of April 6, 1949 (63 Stat. 31);
       (6) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);

[[Page S507]]

       (7) the Colorado River Basin Project Act (Public Law 90-
     537; 82 Stat. 885); or
       (8) any State of Wyoming or other State water law.
                                 ______