[House Report 110-393]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-393
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PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM AND PATHFINDER
MODIFICATION AUTHORIZATION ACT
_______
October 22, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1462]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred 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, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
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).
PURPOSE OF THE BILL
The purpose of H.R. 1462, as 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.
BACKGROUND AND NEED FOR LEGISLATION
The North and South Platte Rivers begin in the eastern
Rockies near the Continental Divide and combine to form the
Platte River, which flows eastward through Nebraska for 330
miles before joining the Missouri River near Plattsmouth,
Nebraska. When combined with the North Platte, the Platte River
is over 900 miles long, with a drainage basin of 90,000 square
miles.
Before the 1880s, the Platte River in Nebraska was a broad
and braided river subject to high spring floods, high sediment
loads, and occasional summer droughts. These conditions caused
continuous movement of the braided river channels and sandbars,
resulting in a broad, shallow, sandy channel, generally devoid
of vegetation. This created an ideal habitat for many avian
species and was a key part of the Central Flyway, a bird
migratory route stretching from Canada to South Texas.
In the early days of the frontier, the trade route to the
west beyond the Rocky Mountains followed the North Platte
River. Settlement in the North Platte Valley in western
Nebraska began in the early 1880's. Rainfall was scarce and
private irrigation was built without storage reservoirs.
Shortly after enactment of the Reclamation Act of 1902, the
Reclamation Service (now known as the Bureau of Reclamation)
began studying water needs in the area. The North Platte
Project was subsequently authorized in 1903.
The North Platte Project's Pathfinder Dam was one of the
first constructed by the Reclamation Service. The water storage
and irrigation service areas for the North Platte Project
extend 111 miles along the North Platte River Valley from
Guernsey, Wyoming, to Bridgeport, Nebraska. The project
provides full service irrigation for about 226,000 acres,
divided into four irrigation districts. Supplemental irrigation
service is furnished to eight water user associations serving a
combined area of about 109,000 acres. Other smaller water
projects have also been developed in the basin.
Water development in the basin has caused significant
changes in water flows and land use. With changes in the
hydrology of the river and the structure of riparian habitats,
the sustainability of migratory and resident birds and other
animals has been compromised, and habitat for certain
``targeted'' species has been adversely affected.
The Platte River Recovery Implementation Program authorized
by Title I of H.R. 1462, as amended, is designed to secure
defined benefits for target species and their associated
habitats while also providing Endangered Species Act (ESA)
compliance for existing and certain new water related
activities in the Platte River basin.
The focus of the habitat recovery program is the 95 miles
between Lexington and Chapman, Nebraska. Several species listed
under the ESA use the Central Platte River Valley for habitat,
including the four target species (whooping crane, piping
plover, interior least tern, and pallid sturgeon). In addition,
the Central Platte River Valley is an important migratory
destination for the whooping crane.
Over the last 150 years, as much as 90 percent of the
habitat used by these three bird species along the Central
Platte River has been lost. The goal of the Recovery Program is
to revitalize the Platte River and increase downstream flows
during certain times of the year by 130,000 to 150,000 acre-
feet. These actions are expected to enhance habitat and reduce
the likelihood that other species found in the area will become
listed as endangered or threatened.
The recovery program is designed to be incremental, with
the first increment spanning 13 years after enactment. A
Governance Committee, comprised of representatives of the
states of Wyoming, Colorado, and Nebraska, the Department of
the Interior, water users, and environmental groups, implements
and monitors the recovery efforts.
In addition to restoring flows in the river, the Program
would protect, restore, and maintain up to 29,000 acres of
habitat lands along the central Platte River between Lincoln
and Chapman, Nebraska. 10,000 acres in the project area are
slated for restoration in the first 13 years of the program.
Water for this program will be provided by the three states
and from a number of small water projects in the Basin.
Title II of H.R. 1462, as amended, authorizes the
Pathfinder Modification Project. This project is required by a
legal settlement and is the key part of Wyoming's share of
water for the Platte River Recovery Implementation. The
modification would increase the existing capacity of Pathfinder
Reservoir by 53,493 acre-feet to recapture storage space lost
to accumulated sediment. The increased capacity is accomplished
by raising the elevation of the existing spillway 2.4 feet.
COMMITTEE ACTION
H.R. 1462 was introduced on March 9, 2007 by Rep. Mark
Udall (D-CO). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Water and Power. On April 26, 2007, the Subcommittee held a
hearing on the bill. On June 12, 2007, the Subcommittee met to
mark up the bill. The bill was approved by unanimous consent
and forwarded to the Full Committee on Natural Resources. On
October 10, 2007, the Full Natural Resources Committee met to
consider the bill. Subcommittee Chairwoman Grace Napolitano
offered an amendment to clarify Sec. 103, at the request of the
Administration. The bill, as amended, was agreed to by
unanimous consent and was ordered favorably reported to the
House of Representatives.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title; Table of contents
Sec. 1 designates the short title of the bill as the
``Platte River Recovery Implementation Program and Pathfinder
Modification Authorization Act''.
Section 2. Purposes
The legislation authorizes Secretary of the Interior to
continue the cooperative effort among the federal and non-
federal entities in the Platte River Recovery Implementation
Program for threatened and endangered species, and to make
modification of Pathfinder Dam and Reservoir.
TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM
Section 101. Definitions
Section 102. Implementation of program
Sec. 102 authorizes the Secretary of the Interior to
participate in the Platte River Recovery Implementation Program
and, in cooperation with the Governance Committee, to carry out
any projects or activities that are designated for
implementation during the Program's first 13 years (First
Increment). The Secretary is also authorized in this section,
in cooperation with the Governance Committee, to (1) enter into
agreements with federal and non-federal groups; (2) acquire
interests in land, water, and facilities from willing sellers;
(3) transfer acquired interests; and (5) accept or provide
grants.
The Committee is aware that the success of the Program is
dependent on a number of factors, including a workable,
results-oriented and efficient Adaptive Management Program and
consistent communication with stakeholders. As such, the
Committee expects the Governance Committee to work
cooperatively with all relevant interests, including the
affected local communities, as it relates to the how the
Program's goals are being met and how activities may affect
landowners. Since the States retain the ability to withdraw
from the agreement at any time for any reason, the Committee
strongly encourages the Governance Committee to hold public
forums regularly to help stakeholders and the general public
better understand the Program's objectives and impacts.
Section 103. Cost-sharing contributions
This section requires that the states of Wyoming, Colorado,
and Nebraska will contribute at least half of the cost of the
project, and sets forth details of the non-federal share, which
will consist of non-federal funds, with credit towards the non-
federal share given to contributed land and water. Provision is
also made in this section for federal or non-federal in-kind
contributions.
Section 104. Authority to modify program
Sec. 104 allows the Program to be modified before the
completion of the First Increment if the Secretary and the
states of Nebraska, Wyoming, and Colorado determine that the
modifications are consistent with program purposes.
Section 105. Effect
Sec. 105 states that under Title I, no action will affect
acreage limitations under reclamation law and will not create
or grant federal water rights.
Section 106. Authorization of appropriations
Sec. 106 authorizes $157,140,000 in nonreimbursable funds
for Title I, to be adjusted annually for inflation.
Section 107. Termination of authority
This section terminates the Secretary's authority to
implement the First Increment on September 30, 2020.
TITLE II--PATHFINDER MODIFICATION PROJECT
Section 201. Authorization of project
Sec. 201 authorizes the Secretary of the Interior to modify
Pathfinder Dam and Reservoir in agreement with the State of
Wyoming, and states that no federal appropriations are required
for the modification of Pathfinder Dam.
Section 202. Authorized used of Pathfinder Reservoir
Sec. 202 states that the 54,000 acre-feet of recaptured
capacity of Pathfinder Reservoir may be used for municipal,
environmental, and other purposes.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill 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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 1462--Platte River Recovery Implementation Program and Pathfinder
Modification Authorization Act
Summary: H.R. 1462 would authorize the Secretary of the
Interior to implement a program to aid the recovery of certain
species with habitats in the Platte River basin that are listed
as either threatened or endangered under the Endangered Species
Act (ESA). The bill also would authorize the Secretary to
modify the Pathfinder Dam and Reservoir in Wyoming.
CBO estimates that implementing H.R. 1462 would cost $66
million over the 2008-2012 period, assuming appropriation of
the authorized amounts. Enacting the bill would not affect
direct spending or revenues.
H.R. 1462 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA),
and any costs to states to match federal assistance authorized
by the bill would be incurred voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1462 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2008 2009 2010 2011 2012
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................. 12 15 16 16 16
Estimated Outlays............................................. 7 12 15 16 16
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the start of fiscal year 2008 and
that the necessary amounts will be appropriated near the start
of each fiscal year. Estimates of outlays are based on
historical spending patterns for similar activities.
In 1997, the Department of the Interior signed a
cooperative agreement with Colorado, Wyoming, and Nebraska to
develop a program for wildlife protection along the Platte
River. In late 2006, the Secretary and the governor of each
state signed the Platte River Recovery Implementation Program.
The program aims to restore and conserve the habitat of four
threatened and endangered species in the Platte River basin.
The program will be carried out in incremental stages.
Title I would authorize the Secretary to participate in the
first increment of the program in cooperation with Nebraska,
Wyoming, and Colorado. Based on information provided by the
Bureau of Reclamation, CBO estimates that implementing the
recovery program in title I would cost $66 million over the
2008-2012 period and an additional $108 million through 2020.
The Department of the Interior would use the appropriations to
acquire land and water interests and undertake habitat
restoration and other activities deemed necessary by the
Secretary.
Title II of the bill would authorize the Secretary to
modify the Pathfinder Dam and Reservoir in Wyoming. The
Secretary would be authorized to enter into agreements with the
state of Wyoming to implement the modifications. The state
would be responsible for all costs of the modification. Hence
CBO estimates that the federal government would incur no
significant costs to implement title II.
Intergovernmental and private-sector impact: H.R. 1462
contains no intergovernmental or private-sector mandates as
defined in UMRA, and any costs to states to match federal
assistance authorized by the bill would be incurred
voluntarily.
Estimate prepared by: Federal costs: Tyler Kruzich; Impact
on state, local, and tribal governments: Leo Lex; Impact on the
private-sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 1462 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.