II 

Calendar No. 126 

115TH CONGRESS 

1ST SESSION S. 199 

[Report No. 115–96] 

To authorize the use of the active capacity of the Fontenelle Reservoir. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2017 

Mr. BARRASSO (for himself and Mr. ENZI) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

JUNE 8, 2017 

Reported by Ms. MURKOWSKI, without amendment 

A BILL 

To authorize the use of the active capacity of the Fontenelle 

Reservoir. 

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. AUTHORITY TO MAKE ENTIRE ACTIVE CAPAC2 ITY OF FONTENELLE RESERVOIR AVAILABLE 

3 FOR USE. 

4 (a) IN GENERAL.—The Secretary of the Interior, in 

5 cooperation with the State of Wyoming, may amend the 

6 Definite Plan Report for the Seedskadee Project author7 ized under the first section of the Act of April 11, 1956 

8 (commonly known as the ‘‘Colorado River Storage Project 

9 Act’’) (43 U.S.C. 620), to provide for the study, design, 

10 planning, and construction activities that will enable the 

11 use of all active storage capacity (as may be defined or 

12 limited by legal, hydrologic, structural, engineering, eco13 nomic, and environmental considerations) of Fontenelle 

14 Dam and Reservoir, including the placement of sufficient 

15 riprap on the upstream face of Fontenelle Dam to allow 

16 the active storage capacity of Fontenelle Reservoir to be 

17 used for those purposes for which the Seedskadee Project 

18 was authorized. 

19 (b) COOPERATIVE AGREEMENTS.— 

20 (1) IN GENERAL.—The Secretary of the Inte21 rior may enter into any contract, grant, cooperative 

22 agreement, or other agreement that is necessary to 

23 carry out subsection (a). 

24 (2) STATE OF WYOMING.— 

25 (A) IN GENERAL.—The Secretary of the 

26 Interior shall enter into a cooperative agreeVerDate Sep 11 2014 00:03 Jun 09, 2017 Jkt 069000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S199.RS S199

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1 ment with the State of Wyoming to work in co2 operation and collaboratively with the State of 

3 Wyoming for planning, design, related 

4 preconstruction activities, and construction of 

5 any modification of the Fontenelle Dam under 

6 subsection (a). 

7 (B) REQUIREMENTS.—The cooperative 

8 agreement under subparagraph (A) shall, at a 

9 minimum, specify the responsibilities of the 

10 Secretary of the Interior and the State of Wyo11 ming with respect to— 

12 (i) completing the planning and final 

13 design of the modification of the 

14 Fontenelle Dam under subsection (a); 

15 (ii) any environmental and cultural re16 source compliance activities required for 

17 the modification of the Fontenelle Dam 

18 under subsection (a) including compliance 

19 with— 

20 (I) the National Environmental 

21 Policy Act of 1969 (42 U.S.C. 4321 

22 et seq.); 

23 (II) the Endangered Species Act 

24 of 1973 (16 U.S.C. 1531 et seq.); and 


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1 (III) subdivision 2 of division A 

2 of subtitle III of title 54, United 

3 States Code; and 

4 (iii) the construction of the modifica5 tion of the Fontenelle Dam under sub6 section (a). 

7 (c) FUNDING BY STATE OF WYOMING.—Pursuant to 

8 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 

9 43 U.S.C. 395), and as a condition of providing any addi10 tional storage under subsection (a), the State of Wyoming 

11 shall provide to the Secretary of the Interior funds for any 

12 work carried out under subsection (a). 

13 (d) OTHER CONTRACTING AUTHORITY.— 

14 (1) IN GENERAL.—The Secretary of the Inte15 rior may enter into contracts with the State of Wyo16 ming, on such terms and conditions as the Secretary 

17 of the Interior and the State of Wyoming may agree, 

18 for division of any additional active capacity made 

19 available under subsection (a). 

20 (2) TERMS AND CONDITIONS.—Unless other21 wise agreed to by the Secretary of the Interior and 

22 the State of Wyoming, a contract entered into under 

23 paragraph (1) shall be subject to the terms and con24 ditions of Bureau of Reclamation Contract No. 14– 


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1 06–400–2474 and Bureau of Reclamation Contract 

2 No. 14–06–400–6193. 

3 SEC. 2. SAVINGS PROVISIONS. 

4 Unless expressly provided in this Act, nothing in this 

5 Act modifies, conflicts with, preempts, or otherwise af6 fects— 

7 (1) the Boulder Canyon Project Act (43 U.S.C. 

8 617 et seq.); 

9 (2) the Colorado River Compact of 1922, as ap10 proved by the Presidential Proclamation of June 25, 

11 1929 (46 Stat. 3000); 

12 (3) the Boulder Canyon Project Adjustment Act 

13 (43 U.S.C. 618 et seq.); 

14 (4) the Treaty between the United States of 

15 America and Mexico relating to the utilization of 

16 waters of the Colorado and Tijuana Rivers and of 

17 the Rio Grande, and supplementary protocol signed 

18 November 14, 1944, signed at Washington February 

19 3, 1944 (59 Stat. 1219); 

20 (5) the Upper Colorado River Basin Compact 

21 as consented to by the Act of April 6, 1949 (63 

22 Stat. 31); 

23 (6) the Act of April 11, 1956 (commonly known 

24 as the ‘‘Colorado River Storage Project Act’’) (43 

25 U.S.C. 620 et seq.); 


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1 (7) the Colorado River Basin Project Act (Pub2 lic Law 90–537; 82 Stat. 885); or 

3 (8) any State of Wyoming or other State water 

4 law. 


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Calendar No. 126 

115TH CONGRESS 

1ST SESSION S. 199 

[Report No. 115–96] 

A BILL 

To authorize the use of the active capacity of the 

Fontenelle Reservoir. 

JUNE 8, 2017 

Reported without amendment 


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