[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[House]
[Pages 27828-27830]
[From the U.S. Government Publishing Office, www.gpo.gov]




      PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM AND PATHFINDER 
                     MODIFICATION AUTHORIZATION ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1462) 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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1462

       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 Reservoir.

         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 title, 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 
     participating 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 title--
       (1) creates Federal water rights; or
       (2) requires the grant of water rights to Federal entities.

[[Page 27829]]



     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.

       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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Texas (Mr. Gohmert) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  The purpose of H.R. 1462, as introduced by our colleague Congressman 
Mark Udall of Colorado and amended by the Committee on Natural 
Resources, is 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.
  H.R. 1462, as amended, would secure benefits for four target species 
and their associated habitats while also providing Endangered Species 
Act compliance for existing and certain new water-related activities in 
the Platte River basin.
  H.R. 1462, as amended, also authorizes the modification of Pathfinder 
Dam and Reservoir as is required by a legal settlement and is the key 
part of the water devoted to recovery implementation.
  Mr. Speaker, this program is the result of years and years of 
negotiation and compromise between water users and environmentalists 
and should be seen as a model for dealing with endangered species 
conflicts. I congratulate my Democratic colleague from Colorado, the 
Honorable Representative Mark Udall, for his hard work on this 
legislation. And I strongly urge my colleagues to stand in support of 
this noncontroversial bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOHMERT. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 1462 stems from endangered species conflicts along the Platte 
River. As a result of lawsuits and the real threat of water and power 
infrastructure being shut down over endangered species conflicts, the 
Federal Government, three States, water and power users, and 
environmental organizations came together on the Platte River Recovery 
Program, and this legislation implements part of that program. The 
result is that existing water and power infrastructure is protected 
while a collaborative and far-reaching program to help save four 
different species begins.
  Since this program is contingent upon Federal appropriations and a 
State can opt out, the governance committee charged with implementing 
the program has the enormous responsibility of keeping all stakeholders 
together, conversing with affected parties, communities and landowners 
on land and water issues and finding real results. Congress will 
continue to have oversight on this program to see if it is being run 
effectively and efficiently. This legislation, if implemented properly, 
can be a win-win for both the people and species of the Platte River 
basin.
  Mr. Speaker, before I yield back, let me just emphasize again there 
were so many interests at work here. I don't know if anybody is totally 
thrilled with the result, but it seemed to be an appropriate way to 
bring what could be done together to come about with a result that will 
require oversight, will require monitoring. But under the circumstances 
to keep things from being totally shut down, we would encourage our 
colleagues to support this bill.
  Mr. UDALL of Colorado. Mr. Speaker, I rise in support of this 
legislation, which I introduced earlier this year.
  I want to express my thanks to Chairman Rahall, Ranking Member Don 
Young, Subcommittee Chairwoman Napolitano, and Subcommittee Ranking 
Member McMorris Rodgers for making it possible for the bill to come 
before the House of Representatives today.
  The legislation will authorize the Interior Department to participate 
in the implementation of the Platte River Recovery Implementation 
Program for Endangered Species in the Central and Lower Platte River 
Basin.
  I consider myself fortunate to have the honor of introducing it, and 
am gratified that it is cosponsored by my Colorado colleagues, 
Representatives DeGette, Salazar, and Perlmutter, as well as the entire 
House delegations of our neighboring States of Wyoming and Nebraska.
  Its purpose is to continue a cooperative effort involving the Federal 
Government and the States of Colorado, Nebraska, and Wyoming (and other 
entities and groups) aimed at recovery of endangered species in ways 
that will not involve the creation of Federal water rights or requiring 
the grant of water rights to Federal entities.
  This legislation is the result of 14 years of negotiations that 
culminated last year when the Governors of Colorado, Wyoming, and 
Nebraska joined Secretary Kempthorne in signing the agreement.
  Since then, initial implementing steps have begun and the President's 
budget for fiscal 2008 has requested the initial funding for the 
program.
  The program is modeled after a somewhat similar program for the 
recovery of several endangered species of fish in the upper basin of 
the Colorado River. I have strongly supported that program because it 
has enabled us in Colorado and other participating States to meet the 
requirements of the Endangered Species Act while allowing continued 
development and use of water for other purposes as well.
  While such arrangements are not easy to work out, I think doing so is 
far better than alternative approaches that are more likely to be 
marked by conflicts or litigation. So, I think all concerned in the 
negotiation of this important agreement are to be congratulated.
  Mr. Speaker, this is an important bill that deserves the support of 
the entire House, and I urge its approval. For the benefit of our 
colleagues, I am attaching information about the background of the 
Recovery Program addressed by the bill:


                               Background

       Since 1997, the States of Colorado, Nebraska, and Wyoming 
     have worked with water users, conservation groups and the 
     Interior Department to develop ways to allow continued water 
     use and development along the Platte River to comply with the 
     Endangered Species Act (ESA).
       In late 2006 the States and the Interior Department signed 
     the final agreement for a basin-wide Recovery Program to 
     benefit three endangered species (interior least tern, 
     whooping crane, and pallid sturgeon) and one threatened 
     species (piping plover) referred to as the ``target 
     species.''
       The Federal government is to pay half the cost--and the 
     bill authorizes appropriation

[[Page 27830]]

     of those funds. Total authorization would be $157.14 million 
     plus any needed inflation adjustments.


                            Recovery Program

       The Program is designed to secure defined benefits for the 
     target species and their associated habitats while also 
     providing ESA compliance for existing and certain new water-
     related activities in the Platte River basin. It is to be 
     incremental, with the First Increment coming over the next 13 
     years. It would be implemented by a Governance Committee with 
     membership including representatives of the three states, the 
     Interior Department, water users, and environmental groups.
       While the Program is designed to provide ESA compliance for 
     existing and certain new water-related activities throughout 
     the Platte River basin upstream of the confluence of the 
     Platte and the Loup Rivers (in Nebraska), the land 
     acquisition and management for the target bird species will 
     occur in the central Platte River region (Lexington to 
     Chapman, Nebraska), and Program water activities would be 
     designed to provide benefits for the target bird species in 
     the central Platte River region and for the pallid sturgeon 
     in the lower Platte River region (below the confluence with 
     the Elkhorn River).


                        Elements of the Program

       The Program has three main elements--(1) increasing stream 
     flows in the central Platte River during relevant periods 
     through retiming and water conservation/supply projects; (2) 
     enhancing, restoring and protecting habitat lands for the 
     target bird species; and (3) accommodating certain new water-
     related activities.
       The Program will achieve these results through an adaptive 
     management approach employing scientific monitoring and 
     research to evaluate the management actions and species 
     habitat needs. These elements will be implemented according 
     to underlying principles that require interests in land to be 
     acquired only from willing participants and avoid increasing 
     tax burdens to local citizens by paying taxes or their 
     equivalent on Program lands. Program lands will be held by a 
     land holding entity (rather than by the Federal or state 
     governments) and will be managed under a ``good neighbor'' 
     policy.


                                 Water

       The Program's long-term objective for water is to provide 
     sufficient water to and through the central Platte River 
     habitat area to assist in improving and maintaining habitat 
     for the target species using incentive based water projects. 
     During the First Increment (13 years) the Program's objective 
     is to retime and improve flows in the central Platte River to 
     reduce shortages to target flows by an average of 130,000 to 
     150,000 acre-feet per year at Grand Island.


                                  Land

       During the First Increment, the Program's objective is to 
     protect, restore, and maintain 10,000 acres of habitat. The 
     Program's long-term objective for land is to acquire land 
     interests, restore where appropriate, and maintain and manage 
     approximately 29,000 acres of suitable habitat along the 
     central Platte River between Lexington and Chapman, Nebraska. 
     Land acquired during the Program's First Increment will be 
     credited to this long-term objective as will certain lands 
     that meet criteria established by the Governance Committee 
     but are managed by other entities such as environmental 
     organizations or utility and irrigation districts.


          Future Water Development Projects and New Depletions

       One Program purpose is to mitigate the adverse impacts of 
     certain new water-related activities through the 
     implementation of state and Federal depletions plans. This 
     will allow continued growth and water development to occur in 
     the Platte River basin along with improving conditions for 
     the target species.

  Mr. GOHMERT. Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of Nebraska. Mr. Speaker, I want to thank the House 
Committee on Natural Resources Chairman Rahall, Ranking Member Young, 
Subcommittee Chairwoman Napolitano, Subcommittee Ranking Member 
McMorris Rodgers and all of the staff for their work on the Platte 
River Recovery Implementation Program and Pathfinder Modification 
Authorization Act.
  It is encouraging to see this longstanding issue finally reach a 
settlement. After years of study and review by the states, Federal 
Government, water users, land owners, and other interested parties, the 
time has come to resolve this matter once and for all.
  I cosponsored this legislation as part of the consensus to recognize 
the reality of the challenges before us with collective decision-making 
and cooperation. However, this agreement does impact some of our 
farmers and ranchers, and we must continue to be cognizant of the 
impact of the Endangered Species Act. As we move forward with the 
implementation of the Program, positive and negative economic impacts 
must be assessed and considered in order to minimize adverse effects of 
the recovery efforts.
  I support moving forward with this legislation as the first step of 
many to protect and recover species and provide long-term water use for 
our communities.
  Ms. BORDALLO. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1462, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________