II 
Calendar No. 673 
110TH CONGRESS 
2D SESSION 
H. R. 1462 
[Report No. 110–321] 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 23, 2007 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
APRIL 10, 2008 
Reported by Mr. BINGAMAN, with amendments 
[Omit the part struck through and insert the part printed in italic] 
AN ACT 
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, 
VerDate Aug 31 2005 
06:12 Apr 11, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1462.RS
H1462
smartinez on PRODPC60 with BILLS
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’’. 
(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 
VerDate Aug 31 2005 
06:12 Apr 11, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1462.RS
H1462
smartinez on PRODPC60 with BILLS
requiring the grant of water rights to Federal enti-
ties; and 
(2) the modification of the Pathfinder Dam and 
Reservoir Reservoir, in accordance with the require-
ments described in title II. 
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-
VerDate Aug 31 2005 
06:12 Apr 11, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1462.RS
H1462
smartinez on PRODPC60 with BILLS
tractual arrangement that is determined to be nec-
essary by the Secretary to implement the land and 
water components of the Program. 
(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. 
VerDate Aug 31 2005 
06:12 Apr 11, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1462.RS
H1462
smartinez on PRODPC60 with BILLS
(8) STATES.—The term ‘‘States’’ means the 
States of Nebraska, Wyoming, and Colorado. 
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 Act, 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. 
VerDate Aug 31 2005 
06:12 Apr 11, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1462.RS
H1462
smartinez on PRODPC60 with BILLS
(b) NON-FEDERAL CONTRIBUTIONS.—The following 
contributions shall constitute the States’ share of the Pro-
gram: 
(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. 
VerDate Aug 31 2005 
06:12 Apr 11, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1462.RS
H1462
smartinez on PRODPC60 with BILLS
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 
Reclamation 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 irrigation water available for delivery 
to land in the district; 
(2) serve as the basis for reinstating acreage 
limitation provisions in a district that has completed 
payment of the construction obligations of the dis-
trict; or 
(3) serve as the basis for increasing the con-
struction 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 Act— 
(1) creates Federal water rights; or 
(2) requires the grant of water rights to Fed-
eral entities. 
VerDate Aug 31 2005 
06:12 Apr 11, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1462.RS
H1462
smartinez on PRODPC60 with BILLS