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
EXPENDI-
TURES.—Any amounts expended under subsection (a) 
shall be considered to be nonreimbursable Federal expend-
itures. 
(c) ADJUSTMENT.—The balance of funds remaining 
to be appropriated shall be adjusted for inflation on Octo-
ber 1 of the year after the enactment of this Act and each 
October 1 thereafter. 
(d) AVAILABILITY OF FUNDS.—At the end of each 
fiscal year, any unexpended funds for projects and activi-
ties made available under subsection (a) shall be retained 
for use in future fiscal years to implement projects and 
activities 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— 
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(1) modify the Pathfinder Dam and Reservoir; 
and 
(2) enter into 1 or more agreements with the 
State of Wyoming to implement the Pathfinder 
Modification Project (referred to in this title as the 
‘‘Project’’), as described in Appendix F to the Final 
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 Provided that all of the conditions 
described in section 203 are first met, the approximately 
54,000 acre-feet capacity of Pathfinder 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 Appendix F to the Final 
Settlement Stipulation in Nebraska v. Wyoming, 534 U.S. 
40 (2001). 
SEC. 203. CONDITIONS PRECEDENT. 
The actions and water uses authorized in sections 
201(a)(1) and 202 shall not occur until each of the following 
actions have been completed: 
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(1) Final approval from the Wyoming legislature 
for the export of Project water to the State of Ne-
braska under the laws (including regulations) of the 
State of Wyoming. 
(2) Final approval in a change of water use pro-
ceeding under the laws (including regulations) of the 
State of Wyoming for all new uses planned for Project 
water. Final approval, as used in this paragraph, in-
cludes exhaustion of any available review under State 
law of any administrative action authorizing the 
change of the Pathfinder Reservoir water right. 
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Calendar No. 673 
110TH CONGRESS 
2D SESSION 
H. R. 1462 
[Report No. 110–321] 
AN ACT 
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. 
APRIL 10, 2008 
Reported with amendments 
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