Secretary to implement the land and water compo-
nents of the Program. 
(5) PROGRAM.—The term ‘‘Program’’ means the 
Platte River Recovery Implementation Program es-
tablished under the Agreement. 
(6) PROJECT OR ACTIVITY.—The term ‘‘project or 
activity’’ means— 
(A) the planning, design, permitting or 
other compliance activity, preconstruction activ-
ity, construction, construction management, op-
eration, maintenance, and replacement of a fa-
cility; 
(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. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Com-
missioner of Reclamation. 
(8) STATES.—The term ‘‘States’’ means the 
States of Nebraska, Wyoming, and Colorado. 
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SEC. 102. IMPLEMENTATION OF PROGRAM. 
(a) IN GENERAL.—The Secretary, in cooperation with 
the Governance Committee, may— 
(1) participate in the Program; and 
(2) carry out any projects and activities that are 
designated for implementation during the First Incre-
ment. 
(b) AUTHORITY OF SECRETARY.—For purposes of car-
rying out this title, the Secretary, in cooperation with the 
Governance Committee, may— 
(1) enter into agreements and contracts with 
Federal and non-Federal entities; 
(2) acquire interests in land, water, and facili-
ties from willing sellers without the use of eminent 
domain; 
(3) subsequently transfer any interests acquired 
under paragraph (2); and 
(4) accept or provide grants. 
SEC. 103. COST-SHARING CONTRIBUTIONS. 
(a) IN GENERAL.—As provided in the Agreement, the 
participating States shall contribute not less than 50 per-
cent of the total contributions necessary to carry out the 
Program. 
(b) NON-FEDERAL CONTRIBUTIONS.—The following 
contributions shall constitute the States’ share of the Pro-
gram: 
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(1) $30,000,000 in non-Federal funds, with the 
balance of funds remaining to be contributed to be ad-
justed for inflation on October 1 of the year after the 
date of enactment of this Act and each October 1 
thereafter. 
(2) Credit for contributions of water or land for 
the purposes of implementing the Program, as deter-
mined to be appropriate by the Secretary. 
(c) 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 At-
tachment 1 of the Agreement. 
SEC. 104. AUTHORITY TO MODIFY PROGRAM. 
The Program may be modified or amended before the 
completion of the First Increment if the Secretary and the 
States determine that the modifications are consistent with 
the purposes of the Program. 
SEC. 105. EFFECT. 
(a) EFFECT ON RECLAMATION LAWS.—No action car-
ried out under this title shall, with respect to the acreage 
limitation provisions of the reclamation laws— 
(1) be considered in determining whether a dis-
trict (as the term is defined in section 202 of the Rec-
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lamation Reform Act of 1982 (43 U.S.C. 390bb)) has 
discharged the obligation of the district to repay the 
construction cost of project facilities used to make ir-
rigation water available for delivery to land in the 
district; 
(2) serve as the basis for reinstating acreage lim-
itation provisions in a district that has completed 
payment of the construction obligations of the district; 
or 
(3) serve as the basis for increasing the construc-
tion repayment obligation of the district, which would 
extend the period during which the acreage limitation 
provisions would apply. 
(b) EFFECT
ON WATER RIGHTS.—Nothing in this 
title— 
(1) creates Federal water rights; or 
(2) requires the grant of water rights to Federal 
entities. 
SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out projects and activities under this title 
$157,140,000, as adjusted under subsection (c). 
(b) NONREIMBURSABLE FEDERAL EXPENDITURES.— 
Any amounts expended under subsection (a) shall be consid-
ered to be nonreimbursable Federal expenditures. 
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(c) ADJUSTMENT.—The balance of funds remaining to 
be appropriated shall be adjusted for inflation on October 
1 of the year after the enactment of this Act and each Octo-
ber 1 thereafter. 
(d) AVAILABILITY OF FUNDS.—At the end of each fiscal 
year, any unexpended funds for projects and activities 
made available under subsection (a) shall be retained for 
use in future fiscal years to implement projects and activi-
ties under the Program. 
SEC. 107. TERMINATION OF AUTHORITY. 
The authority for the Secretary to implement the First 
Increment shall terminate on September 30, 2020. 
TITLE II—PATHFINDER 
MODIFICATION PROJECT 
SEC. 201. AUTHORIZATION OF PROJECT. 
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the Commissioner of Reclamation (referred to 
in this title as the ‘‘Secretary’’), may— 
(1) modify the Pathfinder Dam and Reservoir; 
and 
(2) enter into 1 or more agreements with the 
State of Wyoming to implement the Pathfinder Modi-
fication Project (referred to in this title as the 
‘‘Project’’), as described in Appendix F to the Final 
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Settlement Stipulation in Nebraska v. Wyoming, 534 
U.S. 40 (2001). 
(b) FEDERAL APPROPRIATIONS.—No Federal appro-
priations are required to modify the Pathfinder Dam under 
this section. 
SEC. 202. AUTHORIZED USES OF PATHFINDER RESERVOIR. 
The approximately 54,000 acre-feet capacity of Path-
finder Reservoir, which has been lost to sediment but will 
be recaptured by the Project, may be used for municipal, 
environmental, and other purposes, as described in Appen-
dix F to the Final Settlement Stipulation in Nebraska v. 
Wyoming, 534 U.S. 40 (2001). 
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Union Calendar No. 247 
110TH CONGRESS 
1ST SESSION 
H. R. 1462 
[Report No. 110–393] 
A BILL 
To authorize the Secretary of the Interior to par-
ticipate in the implementation of the Platte River 
Recovery Implementation Program for Endan-
gered Species in the Central and Lower Platte 
River Basin and to modify the Pathfinder Dam 
and Reservoir. 
OCTOBER 22, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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