II 

Calendar No. 268 

116TH CONGRESS 

1ST SESSION S. 990 

[Report No. 116–146] 

To authorize the Secretary of the Interior to participate in the implementation 

of the Platte River Recovery Implementation Program First Increment 

Extension for threatened and endangered species in the Central and 

Lower Platte River Basin, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 2, 2019 

Mr. BARRASSO (for himself, Mr. GARDNER, Mrs. FISCHER, Mr. BENNET, Mr. 

ENZI, and Mr. SASSE) introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

OCTOBER 24, 2019 

Reported by Ms. MURKOWSKI, without amendment 

A BILL 

To authorize the Secretary of the Interior to participate 

in the implementation of the Platte River Recovery Implementation Program First Increment Extension for 

threatened and endangered species in the Central and 

Lower Platte River Basin, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Platte River Recovery 

3 Implementation Program Extension Act’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to authorize the Secretary 

6 of the Interior, acting through the Commissioner of Rec7 lamation and in partnership with the States, other Federal 

8 agencies, and other non-Federal entities, to continue the 

9 cooperative effort among the Federal and non-Federal en10 tities through the continued implementation of the Platte 

11 River Recovery Implementation Program First Increment 

12 Extension for threatened and endangered species in the 

13 Central and Lower Platte River Basin without creating 

14 Federal water rights or requiring the grant of water rights 

15 to Federal entities. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) AGREEMENT.—The term ‘‘Agreement’’ 

19 means the Platte River Recovery Implementation 

20 Program Cooperative Agreement entered into by the 

21 Governors of the States and the Secretary, including 

22 an amendment or addendum to the Agreement to ex23 tend the Program. 

24 (2) FIRST INCREMENT.—The term ‘‘First In25 crement’’ means the Program’s first 13 years from 

26 January 1, 2007 through December 31, 2019. 


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1 (3) FIRST INCREMENT EXTENSION.—The term 

2 ‘‘First Increment Extension’’ means the extension of 

3 the Program for 13 years from January 1, 2020 

4 through December 31, 2032. 

5 (4) GOVERNANCE COMMITTEE.—The term 

6 ‘‘Governance Committee’’ means the governance 

7 committee established under the Agreement and 

8 composed of members from the States, the Federal 

9 Government, environmental interests, and water 

10 users. 

11 (5) INTEREST IN LAND OR WATER.—The term 

12 ‘‘interest in land or water’’ includes fee title, short13 or long-term easement, lease, or other contractual 

14 arrangement that is determined to be necessary by 

15 the Secretary to implement the land and water com16 ponents of the Program. 

17 (6) PROGRAM.—The term ‘‘Program’’ means 

18 the Platte River Recovery Implementation Program 

19 established under the Agreement and continued 

20 under an amendment or addendum to the Agree21 ment. 

22 (7) PROJECT OR ACTIVITY.—The term ‘‘project 

23 or activity’’ means— 

24 (A) the planning, design, permitting, or 

25 other compliance activity, construction, conVerDate Sep 11 2014 21:58 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S990.RS S990

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1 struction management, operation, maintenance, 

2 and replacement of a facility; 

3 (B) the acquisition of an interest in land 

4 or water; 

5 (C) habitat restoration; 

6 (D) research and monitoring; 

7 (E) program administration; and 

8 (F) any other activity that is determined to 

9 be necessary by the Secretary to carry out the 

10 Program. 

11 (8) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior, acting through the 

13 Commissioner of Reclamation. 

14 (9) STATES.—The term ‘‘States’’ means the 

15 States of Colorado, Nebraska, and Wyoming. 

16 SEC. 4. PLATTE RIVER RECOVERY IMPLEMENTATION PRO17 GRAM. 

18 (a) IMPLEMENTATION OF PROGRAM.— 

19 (1) IN GENERAL.—The Secretary, in coopera20 tion with the Governance Committee, may— 

21 (A) participate in the Program; and 

22 (B) carry out any projects and activities 

23 that are designated for implementation during 

24 the First Increment Extension. 


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1 (2) AUTHORITY OF THE SECRETARY.—For the 

2 purposes of carrying out this section, the Secretary, 

3 in cooperation with the Governance Committee, 

4 may— 

5 (A) enter into agreements and contracts 

6 with Federal and non-Federal entities; 

7 (B) acquire interests in land, water, and 

8 facilities from willing sellers without the use of 

9 eminent domain; 

10 (C) subsequently transfer any interests ac11 quired under subparagraph (B); and 

12 (D) accept or provide grants. 

13 (b) COST-SHARING CONTRIBUTIONS.— 

14 (1) IN GENERAL.—As provided in the Agree15 ment, the States shall contribute not less than 50 

16 percent of the total contributions necessary to carry 

17 out the Program. 

18 (2) NON-FEDERAL CONTRIBUTIONS.—The fol19 lowing contributions shall constitute the States’ 

20 share of the Program: 

21 (A) An additional $28,000,000 in non-Fed22 eral funds, with the balance of funds remaining 

23 to be contributed to be adjusted for inflation on 

24 October 1 of the year after the date of enact25 ment of this Act and each October 1 thereafter. 


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1 (B) Additional credit for contributions of 

2 water or land for the purposes of implementing 

3 the Program, as determined to be appropriate 

4 by the Secretary. 

5 (3) IN-KIND CONTRIBUTIONS.—The Secretary 

6 or the States may elect to provide a portion of the 

7 Federal share or non-Federal share, respectively, in 

8 the form of in-kind goods or services, if the contribu9 tion of goods or services is approved by the Govern10 ance Committee, as provided in Attachment 1 of the 

11 Agreement. 

12 (c) AUTHORITY TO MODIFY PROGRAM.—The Pro13 gram may be modified or amended before the completion 

14 of the First Increment Extension if the Secretary and the 

15 States determine that the modifications are consistent 

16 with the purposes of the Program. 

17 (d) EFFECT.— 

18 (1) EFFECT ON RECLAMATION LAWS.—No ac19 tion carried out under this section shall, with respect 

20 to the acreage limitation provisions of the reclama21 tion laws— 

22 (A) be considered in determining whether 

23 a district (as the term is defined in section 202 

24 of the Reclamation Reform Act of 1982 (43 

25 U.S.C. 390bb)) has discharged the obligation of 


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1 the district to repay the construction cost of 

2 project facilities used to make irrigation water 

3 available for delivery to land in the district; 

4 (B) serve as the basis for reinstating acre5 age limitation provisions in a district that has 

6 completed payment of the construction obliga7 tions of the district; or 

8 (C) serve as the basis for increasing the 

9 construction repayment obligation of the dis10 trict, which would extend the period during 

11 which the acreage limitation provisions would 

12 apply. 

13 (2) EFFECT ON WATER RIGHTS.—Nothing in 

14 this section— 

15 (A) creates Federal water rights; or 

16 (B) requires the grant of water rights to 

17 Federal entities. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) IN GENERAL.—There is authorized to be 

20 appropriated to carry out projects and activities 

21 under this section an additional $78,000,000 as ad22 justed under paragraph (3). 

23 (2) NONREIMBURSABLE FEDERAL EXPENDI24 TURES.—Any amounts to be expended under paraVerDate Sep 11 2014 21:58 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S990.RS S990

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1 graph (1) shall be considered nonreimbursable Fed2 eral expenditures. 

3 (3) ADJUSTMENT.—The balance of funds re4 maining to be expended shall be adjusted for infla5 tion on October 1 of the year after the date of enact6 ment of this Act and each October 1 thereafter. 

7 (4) AVAILABILITY OF FUNDS.—At the end of 

8 each fiscal year, any unexpended funds for projects 

9 and activities made available under paragraph (1) 

10 shall be retained for use in future fiscal years to im11 plement projects and activities under the Program. 

12 Any unexpended funds appropriated during the 

13 First Increment shall be retained and carried over 

14 from the First Increment into the First Increment 

15 Extension. 

16 (f) TERMINATION OF AUTHORITY.—The authority 

17 for the Secretary to implement the First Increment Exten18 sion shall terminate on September 30, 2033. 


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Calendar No. 268 

116TH CONGRESS 

1ST SESSION S. 990 

[Report No. 116–146] 

A BILL 

To authorize the Secretary of the Interior to parBasin, and for other purposes. species in the Central and Lower Platte River ment Extension for threatened and endangered Recovery Implementation Program First Incre- ticipate in the implementation of the Platte River 

OCTOBER 24, 2019 

Reported without amendment 


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