II
110th CONGRESS
1st Session
S. 752
IN THE SENATE OF THE UNITED STATES
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 Resources
A BILL
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.
Short title; table of contents
Short title
This Act may be cited
as the Platte River Recovery
Implementation Program and Pathfinder Modification Authorization Act of
2007
.
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.
Purposes
The purposes of this Act are 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 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
the modification of the Pathfinder Dam and Reservoir.
Platte River Recovery Implementation Program
Definitions
In this title:
Agreement
The
term Agreement
means the Platte River Recovery Implementation
Program Cooperative Agreement entered into by the Governors of the States and
the Secretary.
First increment
The term First Increment
means the first
13 years of the Program.
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.
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.
Program
The
term Program
means the Platte River Recovery Implementation
Program established under the Agreement.
Project or activity
The term project or activity
means—
the planning, design, permitting or other compliance activity, preconstruction activity, construction, construction management, operation, maintenance, and replacement of a facility;
the acquisition of an interest in land or water;
habitat restoration;
research and monitoring;
program administration; and
any other activity that is determined to be necessary by the Secretary to carry out the Program.
Secretary
The
term Secretary
means the Secretary of the Interior, acting
through the Commissioner of Reclamation.
States
The
term States
means the States of Nebraska, Wyoming, and
Colorado.
Implementation of Program
In general
The Secretary, in cooperation with the Governance Committee, may—
participate in the Program; and
carry out any projects and activities that are designated for implementation during the First Increment.
Authority of secretary
For purposes of carrying out this title, the Secretary, in cooperation with the Governance Committee, may—
enter into agreements and contracts with Federal and non-Federal entities;
acquire interests in land, water, and facilities from willing sellers without the use of eminent domain;
subsequently transfer any interests acquired under paragraph (2); and
accept or provide grants.
Cost-sharing contributions
In general
The States shall contribute not less than 50 percent of the total contributions necessary to carry out the Program.
Non-Federal contributions
The following contributions shall constitute the States’ share of the Program:
$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.
Credit for contributions of water or land for the purposes of implementing the Program, as determined to be appropriate by the Secretary.
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.
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.
Effect
Effect on reclamation laws
No action carried out under this title shall, with respect to the acreage limitation provisions of the reclamation laws—
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;
serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of the construction obligations of the district; or
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.
Effect on water rights
Nothing in this title —
creates Federal water rights; or
requires the grant of water rights to Federal entities.
Authorization of appropriations
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).
Nonreimbursable Federal expenditures
Any amounts expended under subsection (a) shall be considered to be nonreimbursable Federal expenditures.
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.
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.
Termination of authority
The authority for the Secretary to implement the First Increment shall terminate on September 30, 2020.
Pathfinder Modification Project
Authorization of project
In general
The Secretary of the Interior, acting through the
Commissioner of Reclamation (referred to in this title as the
Secretary
), may—
modify the Pathfinder Dam and Reservoir; and
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).
Federal appropriations
No Federal appropriations are required to modify the Pathfinder Dam under this section.
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).
