[Pages H11800-H11802]
From the Congressional Record Online through the 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,

[[Page H11801]]

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.

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

[[Page H11802]]

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 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.
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.

____________________