59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–450 

TO AMEND THE COLORADO RIVER STORAGE PROJECT ACT TO AUTHORIZE 

THE USE OF THE ACTIVE CAPACITY OF THE FONTENELLE RESERVOIR 

MARCH 14, 2016.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 2273] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2273) to amend the Colorado River Storage Project Act 

to authorize the use of the active capacity of the Fontenelle Reservoir, having considered the same, reports favorably thereon with 

amendments and recommends that the bill as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE RESERVOIR 

AVAILABLE FOR USE. 

(a) IN GENERAL.—The Secretary of the Interior, in cooperation with the State of 

Wyoming, may amend the Definite Plan Report for the Seedskadee Project authorized under the first section of the Act of April 11, 1956 (commonly known as the 

‘‘Colorado River Storage Project Act’’ (43 U.S.C. 620)) to provide for the study, design, planning, and construction activities that will enable the use of all active storage capacity (as may be defined or limited by legal, hydrologic, structural, engineering, economic, and environmental considerations) of Fontenelle Dam and Reservoir, 

including the placement of sufficient riprap on the upstream face of Fontenelle Dam 

to allow the active storage capacity of Fontenelle Reservoir to be used for those purposes for which the Seedskadee Project was authorized. 

(b) COOPERATIVE AGREEMENTS.— 

(1) IN GENERAL.—The Secretary of the Interior may enter into any contract, 

grant, cooperative agreement, or other agreement that is necessary to carry out 

subsection (a). 

(2) STATE OF WYOMING.— 

(A) IN GENERAL.—The Secretary of the Interior shall enter into a cooperative agreement with the State of Wyoming to work in cooperation and collaboratively with the State of Wyoming for planning, design, related 

preconstruction activities, and construction of any modification of the 

Fontenelle Dam under subsection (a). 

(B) REQUIREMENTS.—The cooperative agreement under subparagraph (A) 

shall, at a minimum, specify the responsibilities of the Secretary of the Interior and the State of Wyoming with respect to— 


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(i) completing the planning and final design of the modification of the 

Fontenelle Dam under subsection (a); 

(ii) any environmental and cultural resource compliance activities required for the modification of the Fontenelle Dam under subsection (a) 

including compliance with— 

(I) the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.); 

(II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); 

and 

(III) subdivision 2 of division A of subtitle III of title 54, United 

States Code; and 

(iii) the construction of the modification of the Fontenelle Dam under 

subsection (a). 

(c) FUNDING BY STATE OF WYOMING.—Pursuant to the Act of March 4, 1921 (41 

Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of providing any additional storage under subsection (a), the State of Wyoming shall provide to the Secretary of the Interior funds for any work carried out under subsection (a). 

(d) OTHER CONTRACTING AUTHORITY.— 

(1) IN GENERAL.—The Secretary of the Interior may enter into contracts with 

the State of Wyoming, on such terms and conditions as the Secretary of the Interior and the State of Wyoming may agree, for division of any additional active 

capacity made available under subsection (a). 

(2) TERMS AND CONDITIONS.—Unless otherwise agreed to by the Secretary of 

the Interior and the State of Wyoming, a contract entered into under paragraph 

(1) shall be subject to the terms and conditions of Bureau of Reclamation Contract No. 14–06–400–2474 and Bureau of Reclamation Contract No. 14–06–400– 

6193. 

SEC. 2. SAVINGS PROVISIONS. 

Unless expressly provided in this Act, nothing in this Act modifies, conflicts with, 

preempts, or otherwise affects— 

(1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.) (commonly known 

as the ‘‘Boulder Canyon Project Act’’); 

(2) the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000); 

(3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.) (commonly known as the 

‘‘Boulder Canyon Project Adjustment Act’’); 

(4) the Treaty between the United States of America and Mexico relating to 

the utilization of waters of the Colorado and Tijuana Rivers and of the Rio 

Grande, and supplementary protocol signed November 14, 1944, signed at 

Washington February 3, 1944 (59 Stat. 1219); 

(5) the Upper Colorado River Basin Compact as consented to by the Act of 

April 6, 1949 (63 Stat. 31); 

(6) the Act of April 11, 1956 (commonly known as the ‘‘Colorado River Storage 

Project Act’’) (43 U.S.C. 620 et seq.); 

(7) the Colorado River Basin Project Act (Public Law 90–537; 82 Stat. 885); 

or 

(8) any State of Wyoming or other State water law. 

Amend the title so as to read: 

A bill to authorize the Secretary of the Interior to amend the 

Definite Plan Report for the Seedskadee Project to enable the use 

of the active capacity of the Fontenelle Reservoir. 

PURPOSE OF THE BILL

The purpose of H.R. 2273, as ordered reported, is to authorize 

the Secretary of the Interior to amend the Definite Plan Report for 

the Seedskadee Project to enable to use of the active capacity of the 

Fontenelle Reservoir. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 2273, as amended, authorizes the Secretary of the Interior 

to enter into a cooperative agreement with the State of Wyoming 

to study, design, plan and perform construction that will enable the 

use of all active storage capacity at the Fontenelle Dam and ResVerDate Sep 11 2014 06:38 Mar 15, 2016 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR450.XXX HR450

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ervoir. The bill requires Wyoming to pay for the full cost of such 

activities. 

The Colorado River (River) is a major source of water supply for 

Wyoming and six other western states. The River is governed 

under the so-called ‘’Law of the River,’’ which is comprised of numerous federal laws, state compacts and agreements. The seven 

Colorado River Basin states and the federal government negotiated 

the Colorado River Compact of 1922, which defined the relationship 

between the upper basin states, where most of the River’s water 

supply originates, and the lower basin states, which held most of 

the water demands. Since the seven states could not agree on how 

the waters of the Colorado River Basin should be allocated among 

them, then Secretary of Commerce Herbert Hoover suggested the 

basin be divided into an upper and lower half, with each basin having the right to develop 7.5 million acre-feet (maf) annually of river 

water. An acre foot of water is equivalent to approximately 326,000 

gallons or enough to cover a football field with a foot of water. The 

Upper Colorado River Basin Compact of 1948 apportioned the 

upper basin’s 7.5 maf among Colorado (51.75 percent), New Mexico 

(11.25 percent), Utah (23 percent), and Wyoming (14 percent). In 

addition, the Colorado River Storage Project of 1956 provided a 

comprehensive upper basin-wide water resource development plan 

and authorized the construction of dams, including the Seedskadee 

Project, for river regulation and power production, as well as several projects for irrigation and other uses. 

Fontenelle Dam and Reservoir is the principal feature of the federal Seedskadee Project in southwest Wyoming. The current active 

storage capacity of the Reservoir is 260,000 acre feet. Since Wyoming has yet to use its full 14 percent Colorado River allotment, 

it has proposed expanding the active storage capacity of the Reservoir to 345,000 acre feet. Increasing active storage capacity at the 

Reservoir requires the installation of large stones, also known as 

‘‘riprap,’’ on parts of the upstream face of the earthen Dam. These 

stones keep water from eroding parts of the upstream face of the 

Dam. 

Under H.R. 2273, Wyoming would be responsible for paying for 

the entire project, including study, design, planning, and construction of the riprap project. As amended, the bill no longer amends 

the Colorado River Storage Project to ensure that anything done 

under the auspices of this bill would not modify that law. This and 

other provisions of the bill are intended to reinforce the ‘‘beneficiaries pay’’ policy, which requires that those who solely receive 

the benefits of a project will pay for the project. 

SECTION BY SECTION ANALYSIS OF THE BILL

Section 1, as amended, authorizes the Secretary of the Interior 

to amend the Definite Plan Report for the Seedskadee Project to 

enter into any contract, grant or cooperative agreement with the 

State of Wyoming to carry out the study, design, planning, and construction activities to allow for the use of the Fontenelle Dam’s entire active storage capacity. Any costs under this section shall be 

paid for by the State of Wyoming. 

Section 2 provides a ‘‘Savings Provision’’ that intends to limit the 

bill from preempting or amending a number of federal statutes and 

Wyoming water law. 


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COMMITTEE ACTION

H.R. 2273 was introduced on May 12, 2015, by Congresswoman 

Cynthia Lummis (R–WY). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittee on Water, Power and Oceans. On June 25, 2015, the 

Subcommittee held a hearing on the bill. On February 2, 2016, the 

Natural Resources Committee met to consider the bill. The Subcommittee was discharged by unanimous consent. Congresswoman 

Lummis offered an amendment designated #1 to the bill; it was 

adopted by unanimous consent. No further amendments were offered, and the bill, as amended, was ordered favorably reported to 

the House of Representatives by unanimous consent on February 

3, 2016. 

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. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2273—A bill to authorize the Secretary of the Interior to 

amend the Definite Plan Report for the Seedskadee Project to 

enable the use of the active capacity of the Fontenelle Reservoir 

H.R. 2273 would authorize the Bureau of Reclamation (BOR) to 

plan and construct a project to expand water storage at Fontenelle 

Dam and Reservoir in southwestern Wyoming. Because implementing H.R. 2273 would affect direct spending, pay-as-you-go procedures apply. Enacting H.R. 2273 would not affect revenues. 

Based on information from the BOR, however, CBO estimates that 

enacting the legislation would have an insignificant effect on the 

budget. 

CBO also estimates that enacting the bill would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

Under current law, the amount of water storage available to the 

State of Wyoming at the reservoir is the difference between full capacity and the lowest water level that allows all of the authorized 

purposes of the Fontenelle project to be performed. Under the bill, 

the BOR would coordinate with the State of Wyoming to design 

and construct modifications to the Fontenelle Dam and Reservoir 


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to allow the project to operate at a lower water level, thus expanding the amount of storage available to the state. H.R. 2273 also 

would require the state to contribute 100 percent of the cost to design and construct the project. (Those donations from the state to 

the federal government would be recorded in the budget as offsetting receipts and would subsequently be spent without further appropriation.) 

H.R. 2273 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

benefit the State of Wyoming. Any costs incurred by the state to 

fund the project or participate in cooperative agreements would result from complying with conditions of federal assistance. 

September 2, 2015, CBO transmitted a cost estimate for S. 1305, 

a bill to amend the Colorado River Storage Project Act to authorize 

the use of the active capacity of the Fontenelle Reservoir, as ordered reported by the Senate Committee on Energy and Natural 

Resources on July 30, 2015. The two pieces of legislation are similar and CBO’s estimates of the budgetary effects are the same. 

The CBO staff contacts for this estimate are Aurora Swanson (for 

federal costs) and Jon Sperl (for intergovernmental mandates). The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

2. Section 308(a) of 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. The Congressional Budget Office estimates that 

enactment of this bill ‘‘would have an insignificant effect on the 

budget.’’ Because the State of Wyoming must pay 100 percent of 

the costs of the project, any payments to the United States would 

be considered offsetting receipts (a credit against direct spending). 

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, as ordered reported, is to authorize the Secretary 

of the Interior to amend the Definite Plan Report for the 

Seedskadee Project to enable to use of the active capacity of the 

Fontenelle Reservoir. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

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plicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

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. 

Æ 


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