S 752 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

March 2, 2007

Mr. NELSON of Nebraska (for himself, Mr. ALLARD, Mr. SALAZAR, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

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 of 2007'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Purposes.CommentsClose CommentsPermalink

TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM

Sec. 101. Definitions.CommentsClose CommentsPermalink





Sec. 102. Implementation of Program.CommentsClose CommentsPermalink





Sec. 103. Cost-sharing contributions.CommentsClose CommentsPermalink





Sec. 104. Authority to modify Program.CommentsClose CommentsPermalink





Sec. 105. Effect.CommentsClose CommentsPermalink





Sec. 106. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 107. Termination of authority.CommentsClose CommentsPermalink

TITLE II--PATHFINDER MODIFICATION PROJECT

Sec. 201. Authorization of project.CommentsClose CommentsPermalink





Sec. 202. Authorized uses of pathfinder reservoir.CommentsClose CommentsPermalink

SEC. 2. PURPOSES.

The purposes of this Act are to authorize--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) the modification of the Pathfinder Dam and Reservoir.CommentsClose CommentsPermalink

TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM

SEC. 101. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) FIRST INCREMENT- The term `First Increment' means the first 13 years of the Program.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) PROGRAM- The term `Program' means the Platte River Recovery Implementation Program established under the Agreement.CommentsClose CommentsPermalink





(6) PROJECT OR ACTIVITY- The term `project or activity' means--CommentsClose CommentsPermalink





(A) the planning, design, permitting or other compliance activity, preconstruction activity, construction, construction management, operation, maintenance, and replacement of a facility;CommentsClose CommentsPermalink





(B) the acquisition of an interest in land or water;CommentsClose CommentsPermalink





(C) habitat restoration;CommentsClose CommentsPermalink





(D) research and monitoring;CommentsClose CommentsPermalink





(E) program administration; andCommentsClose CommentsPermalink





(F) any other activity that is determined to be necessary by the Secretary to carry out the Program.CommentsClose CommentsPermalink





(7) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Commissioner of Reclamation.CommentsClose CommentsPermalink





(8) STATES- The term `States' means the States of Nebraska, Wyoming, and Colorado.CommentsClose CommentsPermalink

SEC. 102. IMPLEMENTATION OF PROGRAM.

(a) In General- The Secretary, in cooperation with the Governance Committee, may--CommentsClose CommentsPermalink





(1) participate in the Program; andCommentsClose CommentsPermalink





(2) carry out any projects and activities that are designated for implementation during the First Increment.CommentsClose CommentsPermalink





(b) Authority of Secretary- For purposes of carrying out this title, the Secretary, in cooperation with the Governance Committee, may--CommentsClose CommentsPermalink





(1) enter into agreements and contracts with Federal and non-Federal entities;CommentsClose CommentsPermalink





(2) acquire interests in land, water, and facilities from willing sellers without the use of eminent domain;CommentsClose CommentsPermalink





(3) subsequently transfer any interests acquired under paragraph (2); andCommentsClose CommentsPermalink





(4) accept or provide grants.CommentsClose CommentsPermalink

SEC. 103. COST-SHARING CONTRIBUTIONS.

(a) In General- The States shall contribute not less than 50 percent of the total contributions necessary to carry out the Program.CommentsClose CommentsPermalink





(b) Non-Federal Contributions- The following contributions shall constitute the States' share of the Program:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) Credit for contributions of water or land for the purposes of implementing the Program, as determined to be appropriate by the Secretary.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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 determines that the modifications are consistent with the purposes of the Program.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of the construction obligations of the district; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Effect on Water Rights- Nothing in this title --CommentsClose CommentsPermalink





(1) creates Federal water rights; orCommentsClose CommentsPermalink





(2) requires the grant of water rights to Federal entities.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink





(b) Nonreimbursable Federal Expenditures- Any amounts expended under subsection (a) shall be considered to be nonreimbursable Federal expenditures.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 107. TERMINATION OF AUTHORITY.

The authority for the Secretary to implement the First Increment shall terminate on September 30, 2020.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) modify the Pathfinder Dam and Reservoir; andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(b) Federal Appropriations- No Federal appropriations are required to modify the Pathfinder Dam under this section.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink