IB 

Union Calendar No. 345 

114TH CONGRESS 

2D SESSION H. R. 2273 

[Report No. 114–450] 

To amend the Colorado River Storage Project Act to authorize the use 

of the active capacity of the Fontenelle Reservoir. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2015 

Mrs. LUMMIS introduced the following bill; which was referred to the 

Committee on Natural Resources 

MARCH 14, 2016 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 12, 2015] 


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A BILL 

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


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

3 SECTION 1. AUTHORITY TO MAKE ENTIRE ACTIVE CAPAC4 ITY OF FONTENELLE RESERVOIR AVAILABLE 

5 FOR USE. 

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

7 cooperation with the State of Wyoming, may amend the 

8 Definite Plan Report for the Seedskadee Project authorized 

9 under the first section of the Act of April 11, 1956 (com10 monly known as the ‘‘Colorado River Storage Project Act’’ 

11 (43 U.S.C. 620)) to provide for the study, design, planning, 

12 and construction activities that will enable the use of all 

13 active storage capacity (as may be defined or limited by 

14 legal, hydrologic, structural, engineering, economic, and en15 vironmental considerations) of Fontenelle Dam and Res16 ervoir, including the placement of sufficient riprap on the 

17 upstream face of Fontenelle Dam to allow the active storage 

18 capacity of Fontenelle Reservoir to be used for those pur19 poses for which the Seedskadee Project was authorized. 

20 (b) COOPERATIVE AGREEMENTS.— 

21 (1) IN GENERAL.—The Secretary of the Interior 

22 may enter into any contract, grant, cooperative agree23 ment, or other agreement that is necessary to carry 

24 out subsection (a). 

25 (2) STATE OF WYOMING.— 


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1 (A) IN GENERAL.—The Secretary of the In2 terior shall enter into a cooperative agreement 

3 with the State of Wyoming to work in coopera4 tion and collaboratively with the State of Wyo5 ming for planning, design, related 

6 preconstruction activities, and construction of 

7 any modification of the Fontenelle Dam under 

8 subsection (a). 

9 (B) REQUIREMENTS.—The cooperative 

10 agreement under subparagraph (A) shall, at a 

11 minimum, specify the responsibilities of the Sec12 retary of the Interior and the State of Wyoming 

13 with respect to— 

14 (i) completing the planning and final 

15 design of the modification of the Fontenelle 

16 Dam under subsection (a); 

17 (ii) any environmental and cultural 

18 resource compliance activities required for 

19 the modification of the Fontenelle Dam 

20 under subsection (a) including compliance 

21 with— 

22 (I) the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.); 


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1 (II) the Endangered Species Act 

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

3 (III) subdivision 2 of division A 

4 of subtitle III of title 54, United States 

5 Code; and 

6 (iii) the construction of the modifica7 tion of the Fontenelle Dam under subsection 

8 (a). 

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

10 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 43 

11 U.S.C. 395), and as a condition of providing any addi12 tional storage under subsection (a), the State of Wyoming 

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

14 work carried out under subsection (a). 

15 (d) OTHER CONTRACTING AUTHORITY.— 

16 (1) IN GENERAL.—The Secretary of the Interior 

17 may enter into contracts with the State of Wyoming, 

18 on such terms and conditions as the Secretary of the 

19 Interior and the State of Wyoming may agree, for di20 vision of any additional active capacity made avail21 able under subsection (a). 

22 (2) TERMS AND CONDITIONS.—Unless otherwise 

23 agreed to by the Secretary of the Interior and the 

24 State of Wyoming, a contract entered into under 

25 paragraph (1) shall be subject to the terms and condiVerDate Sep 11 2014 21:26 Mar 14, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2273.RH H2273

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1 tions of Bureau of Reclamation Contract No. 14–06– 

2 400–2474 and Bureau of Reclamation Contract No. 

3 14–06–400–6193. 

4 SEC. 2. SAVINGS PROVISIONS. 

5 Unless expressly provided in this Act, nothing in this 

6 Act modifies, conflicts with, preempts, or otherwise affects— 

7 (1) the Act of December 31, 1928 (43 U.S.C. 617 

8 et seq.) (commonly known as the ‘‘Boulder Canyon 

9 Project Act’’); 

10 (2) the Colorado River Compact of 1922, as ap11 proved by the Presidential Proclamation of June 25, 

12 1929 (46 Stat. 3000); 

13 (3) the Act of July 19, 1940 (43 U.S.C. 618 et 

14 seq.) (commonly known as the ‘‘Boulder Canyon 

15 Project Adjustment Act’’); 

16 (4) the Treaty between the United States of 

17 America and Mexico relating to the utilization of 

18 waters of the Colorado and Tijuana Rivers and of the 

19 Rio Grande, and supplementary protocol signed No20 vember 14, 1944, signed at Washington February 3, 

21 1944 (59 Stat. 1219); 

22 (5) the Upper Colorado River Basin Compact as 

23 consented to by the Act of April 6, 1949 (63 Stat. 31); 


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

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

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

4 (7) the Colorado River Basin Project Act (Public 

5 Law 90–537; 82 Stat. 885); or 

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

7 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.’’. 


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Union Calendar No. 345 

114TH CONGRESS 

2D SESSION H. R. 2273 

[Report No. 114–450] 

A BILL 

To amend the Colorado River Storage Project Act 

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

MARCH 14, 2016 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 21:26 Mar 14, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H2273.RH H2273

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