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

114th CONGRESS
  1st Session
                                S. 1305

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 introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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,

SECTION 1. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT.

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

``SEC. 17. 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 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 or an 
amendment made by 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.
                                 <all>
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