I 
110TH CONGRESS 
1ST SESSION H. R. 1462 
To authorize the Secretary of the Interior to participate in the implementation 
of the Platte River Recovery Implementation Program for Endangered 
Species in the Central and Lower Platte River Basin and to modify 
the Pathfinder Dam and Reservoir. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2007 
Mr. UDALL of Colorado (for himself, Mr. SALAZAR, Mr. SMITH of Nebraska, 
Mr. FORTENBERRY, and Mr. TERRY) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To authorize the Secretary of the Interior to participate 
in the implementation of the Platte River Recovery Im-
plementation Program for Endangered Species in the 
Central and Lower Platte River Basin and to modify 
the Pathfinder Dam and Reservoir. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Platte River Recovery Implementation Program and 
Pathfinder Modification Authorization Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
TITLE I—PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM 
Sec. 101. Definitions. 
Sec. 102. Implementation of Program. 
Sec. 103. Cost-sharing contributions. 
Sec. 104. Authority to modify Program. 
Sec. 105. Effect. 
Sec. 106. Authorization of appropriations. 
Sec. 107. Termination of authority. 
TITLE II—PATHFINDER MODIFICATION PROJECT 
Sec. 201. Authorization of project. 
Sec. 202. Authorized uses of pathfinder reservoir. 
SEC. 2. PURPOSES. 
The purposes of this Act are to authorize— 
(1) 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 ef-
fort among the Federal and non-Federal entities 
through the implementation of the Platte River Re-
covery Implementation Program 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 enti-
ties; and 
(2) the modification of the Pathfinder Dam and 
Reservoir. 
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TITLE I—PLATTE RIVER RECOV-
ERY IMPLEMENTATION PRO-
GRAM 
SEC. 101. DEFINITIONS. 
In this title: 
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the Platte River Recovery Implementation 
Program Cooperative Agreement entered into by the 
Governors of the States and the Secretary. 
(2) FIRST INCREMENT.—The term ‘‘First In-
crement’’ means the first 13 years of the Program. 
(3) 
GOVERNANCE
COMMITTEE.—The 
term 
‘‘Governance Committee’’ means the governance 
committee established under the Agreement and 
composed of members from the States, the Federal 
Government, environmental interests, and water 
users. 
(4) INTEREST IN LAND OR WATER.—The term 
‘‘interest in land or water’’ includes a fee title, 
short- or long-term easement, lease, or other con-
tractual arrangement that is determined to be nec-
essary by the Secretary to implement the land and 
water components of the Program. 
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(5) PROGRAM.—The term ‘‘Program’’ means 
the Platte River Recovery Implementation Program 
established 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 
Commissioner 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 
Increment. 
(b) AUTHORITY OF SECRETARY.—For purposes of 
carrying 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.—The States shall contribute not 
less than 50 percent 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 
adjusted 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 
Attachment 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 
carried out under this title shall, with respect to the acre-
age 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 
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