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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1305 Reported in Senate (RS)]

                                                       Calendar No. 215
114th CONGRESS
  1st Session
                                S. 1305

                          [Report No. 114-135]

To amend the Colorado River Storage Project Act to authorize the use of 
            the active capacity of the Fontenelle Reservoir.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2015

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

                           September 9, 2015

 Reported by Ms. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To amend the Colorado River Storage Project Act to authorize the use of 
            the active capacity of the Fontenelle Reservoir.

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

<DELETED>SECTION 1. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT 
              ACT.</DELETED>

<DELETED>    The Act of April 11, 1956 (commonly known as the 
``Colorado River Storage Project Act''), is amended--</DELETED>
        <DELETED>    (1) by redesignating section 17 (43 U.S.C. 620o) 
        as section 18; and</DELETED>
        <DELETED>    (2) by inserting after section 16 (43 U.S.C. 620n-
        1) the following:</DELETED>

<DELETED>``SEC. 17. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF 
              FONTENELLE RESERVOIR AVAILABLE FOR USE.</DELETED>

<DELETED>    ``(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 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.</DELETED>
<DELETED>    ``(b) Cooperative Agreements.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) State of wyoming.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) completing the planning and 
                        final design of the modification of the 
                        Fontenelle Dam under subsection (a);</DELETED>
                        <DELETED>    ``(ii) any environmental and 
                        cultural resource compliance activities 
                        required for the modification of the Fontenelle 
                        Dam under subsection (a) including compliance 
                        with--</DELETED>
                                <DELETED>    ``(I) the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.);</DELETED>
                                <DELETED>    ``(II) the Endangered 
                                Species Act of 1973 (16 U.S.C. 1531 et 
                                seq.); and</DELETED>
                                <DELETED>    ``(III) subdivision 2 of 
                                division A of subtitle III of title 54, 
                                United States Code; and</DELETED>
                        <DELETED>    ``(iii) the construction of the 
                        modification of the Fontenelle Dam under 
                        subsection (a).</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Other Contracting Authority.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 2. SAVINGS PROVISIONS.</DELETED>

<DELETED>    Unless expressly provided in this Act, nothing in this Act 
or an amendment made by this Act modifies, conflicts with, preempts, or 
otherwise affects--</DELETED>
        <DELETED>    (1) the Act of December 31, 1928 (43 U.S.C. 617 et 
        seq.) (commonly known as the ``Boulder Canyon Project 
        Act'');</DELETED>
        <DELETED>    (2) the Colorado River Compact of 1922, as 
        approved by the Presidential Proclamation of June 25, 1929 (46 
        Stat. 3000);</DELETED>
        <DELETED>    (3) the Act of July 19, 1940 (43 U.S.C. 618 et 
        seq.) (commonly known as the ``Boulder Canyon Project 
        Adjustment Act'');</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (5) the Upper Colorado River Basin Compact as 
        consented to by the Act of April 6, 1949 (63 Stat. 
        31);</DELETED>
        <DELETED>    (6) the Act of April 11, 1956 (commonly known as 
        the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
        seq.);</DELETED>
        <DELETED>    (7) the Colorado River Basin Project Act (Public 
        Law 90-537; 82 Stat. 885); or</DELETED>
        <DELETED>    (8) any State of Wyoming or other State water 
        law.</DELETED>

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--
                            (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.''.
                                                       Calendar No. 215

114th CONGRESS

  1st Session

                                S. 1305

                          [Report No. 114-135]

_______________________________________________________________________

                                 A BILL

To amend the Colorado River Storage Project Act to authorize the use of 
            the active capacity of the Fontenelle Reservoir.

_______________________________________________________________________

                           September 9, 2015

        Reported with an amendment and an amendment to the title
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