Platte River Recovery Implementation Program Extension Act

To authorize the Secretary of the Interior to participate in the implementation of the Platte River Recovery Implementation Program First Increment Extension for threatened and endangered species in the Central and Lower Platte River Basin, and for other purposes. 1. Short title This Act may be cited as the Platte River Recovery Implementation Program Extension Act 2. Purpose The purpose of this Act is to authorize the Secretary of the Interior, acting through the Commissioner of Reclamation and in partnership with the States, other Federal agencies, and other non-Federal entities, to continue the cooperative effort among the Federal and non-Federal entities through the continued implementation of the Platte River Recovery Implementation Program First Increment Extension for threatened and endangered species in the Central and Lower Platte River Basin without creating Federal water rights or requiring the grant of water rights to Federal entities. 3. Definitions In this Act: (1) Agreement The term Agreement (2) First increment The term First Increment (3) First increment extension The term First Increment Extension (4) Governance committee The term Governance Committee (5) Interest in land or water The term interest in land or water (6) Program The term Program (7) Project or activity The term project or activity (A) the planning, design, permitting, or other compliance activity, construction, construction management, operation, maintenance, and replacement of a facility; (B) the acquisition of an interest in land or water; (C) habitat restoration; (D) research and monitoring; (E) program administration; and (F) any other activity that is determined to be necessary by the Secretary to carry out the Program. (8) Secretary The term Secretary (9) States The term States 4. Platte river recovery implementation program (a) Implementation of program (1) In general The Secretary, in cooperation with the Governance Committee, may— (A) participate in the Program; and (B) carry out any projects and activities that are designated for implementation during the First Increment Extension. (2) Authority of the Secretary For the purposes of carrying out this section, the Secretary, in cooperation with the Governance Committee, may— (A) enter into agreements and contracts with Federal and non-Federal entities; (B) acquire interests in land, water, and facilities from willing sellers without the use of eminent domain; (C) subsequently transfer any interests acquired under subparagraph (B); and (D) accept or provide grants. (b) Cost-Sharing contributions (1) In general As provided in the Agreement, the States shall contribute not less than 50 percent of the total contributions necessary to carry out the Program. (2) Non-Federal contributions The following contributions shall constitute the States’ share of the Program: (A) An additional $28,000,000 in non-Federal funds, with the balance of funds remaining to be contributed to be adjusted for inflation on October 1 of the year after the date of enactment of this Act and each October 1 thereafter. (B) Additional credit for contributions of water or land for the purposes of implementing the Program, as determined to be appropriate by the Secretary. (3) In-kind contributions The Secretary or the States may elect to provide a portion of the Federal share or non-Federal share, respectively, in the form of in-kind goods or services, if the contribution of goods or services is approved by the Governance Committee, as provided in Attachment 1 of the Agreement. (c) Authority To modify program The Program may be modified or amended before the completion of the First Increment Extension if the Secretary and the States determine that the modifications are consistent with the purposes of the Program. (d) Effect (1) Effect on reclamation laws No action carried out under this section shall, with respect to the acreage limitation provisions of the reclamation laws— (A) be considered in determining whether a district (as the term is defined in section 202 of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390bb (B) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of the construction obligations of the district; or (C) serve as the basis for increasing the construction repayment obligation of the district, which would extend the period during which the acreage limitation provisions would apply. (2) Effect on water rights Nothing in this section— (A) creates Federal water rights; or (B) requires the grant of water rights to Federal entities. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out projects and activities under this section an additional $78,000,000 as adjusted under paragraph (3). (2) Nonreimbursable Federal expenditures Any amounts to be expended under paragraph (1) shall be considered nonreimbursable Federal expenditures. (3) Adjustment The balance of funds remaining to be expended shall be adjusted for inflation on October 1 of the year after the date of enactment of this Act and each October 1 thereafter. (4) Availability of funds At the end of each fiscal year, any unexpended funds for projects and activities made available under paragraph (1) shall be retained for use in future fiscal years to implement projects and activities under the Program. Any unexpended funds appropriated during the First Increment shall be retained and carried over from the First Increment into the First Increment Extension. (f) Termination of authority The authority for the Secretary to implement the First Increment Extension shall terminate on September 30, 2033.

Summary: Platte River Recovery Implementation Program Extension Act This bill revises the Platte River Recovery Implementation Program. The program is a cooperative agreement among Colorado, Wyoming, Nebraska, and the Bureau of Reclamation to protect endangered and threatened species and their habitats in the Central and Lower Platte River Basin. The bill extends Reclamation's authority to implement the first increment of the program through FY2033.