[Congressional Record Volume 162, Number 107 (Tuesday, July 5, 2016)]
[House]
[Pages H4251-H4252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AUTHORIZATION OF THE USE OF ACTIVE CAPACITY OF THE FONTENELLE RESERVOIR

  Mrs. LUMMIS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2273) to amend the Colorado River Storage Project Act to 
authorize the use of the active capacity of the Fontenelle Reservoir, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2273

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. 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.

     SEC. 2. SAVINGS PROVISIONS.

       Unless expressly provided in this Act, nothing in this Act 
     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.);
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Wyoming (Mrs. Lummis) and the gentleman from California (Mr. Costa) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Wyoming.


                             General Leave

  Mrs. LUMMIS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Wyoming?
  There was no objection.
  Mrs. LUMMIS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2273 was introduced by me, and it allows the State 
of Wyoming and the Federal Government to study, design, plan, and 
perform construction that will expand the active storage capacity at 
the Fontenelle Reservoir and Dam in Wyoming. This is a reservoir that 
is on the Green River.
  The State of Wyoming will pay for the entire expansion. It will take 
us up about 87,000 acre-feet. Currently, the dam is at about 260. It 
will take us up to about 345,000 acre-feet. It will do it by riprapping 
the face of the dam. Riprap is when you take broken up concrete or 
stone and prevent erosion on the face of the dam. The additional 
storage capacity will be used by my State of Wyoming.
  As you know, Mr. Speaker, expanding surface water storage projects in 
the West has to continue to be on the table. This bill allows for that 
expansion and does not require any additional expenditure from the 
Federal Government.
  I am in support of the bill, of course, as the sponsor.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  2015

  Mr. COSTA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2273 is a real straightforward piece of 
legislation. It would increase the amount of water that can be stored 
in the Fontenelle Reservoir, which is a reservoir located in Lincoln 
County, Wyoming, the great State of Wyoming.
  I want to commend the author, the gentlewoman from Wyoming (Mrs. 
Lummis), for her efforts on this important legislation for Wyoming. 
This bill has been written in a balanced manner that respects existing 
laws, compacts, and treaties. It does not attempt to expand Wyoming's 
entitlement to the Colorado River supplies. Any time we are talking 
about the Colorado River, Upper Basin or Lower Basin, it gets to be a 
bit of a sticky wicket. This does not involve any of those issues at 
the expense of any of the Colorado River Basin States.
  H.R. 2273 is an important piece of legislation for the Congresswoman. 
It passed the Natural Resources Committee unanimously. Therefore, I 
lend my support to H.R. 2273, and I urge its adoption.
  I yield back the balance of my time.
  Mrs. LUMMIS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Wyoming (Mrs. Lummis) that the House suspend the rules 
and pass the bill, H.R. 2273, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.

[[Page H4252]]

  The title of the bill was amended so as to read: ``A bill to 
authorize the Secretary of the Interior to amend the Definite Plan 
Report for the Seedskadee Project to enable the use of the active 
capacity of the Fontenelle Reservoir.''.
  A motion to reconsider was laid on the table.

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