[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1305 Reported in Senate (RS)]
Calendar No. 215
114th CONGRESS
1st Session
S. 1305
[Report No. 114-135]
To amend the Colorado River Storage Project Act to authorize the use of
the active capacity of the Fontenelle Reservoir.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2015
Mr. Barrasso (for himself and Mr. Enzi) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
September 9, 2015
Reported by Ms. Murkowski, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Colorado River Storage Project Act to authorize the use of
the active capacity of the Fontenelle Reservoir.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT
ACT.</DELETED>
<DELETED> The Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act''), is amended--</DELETED>
<DELETED> (1) by redesignating section 17 (43 U.S.C. 620o)
as section 18; and</DELETED>
<DELETED> (2) by inserting after section 16 (43 U.S.C. 620n-
1) the following:</DELETED>
<DELETED>``SEC. 17. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF
FONTENELLE RESERVOIR AVAILABLE FOR USE.</DELETED>
<DELETED> ``(a) In General.--The Secretary of the Interior, in
cooperation with the State of Wyoming, may amend the Definite Plan
Report for the Seedskadee Project authorized under the first section to
provide for the study, design, planning, and construction activities
that will enable the use of all active storage capacity (as may be
defined or limited by legal, hydrologic, structural, engineering,
economic, and environmental considerations) of Fontenelle Dam and
Reservoir, including the placement of sufficient riprap on the upstream
face of Fontenelle Dam to allow the active storage capacity of
Fontenelle Reservoir to be used for those purposes for which the
Seedskadee Project was authorized.</DELETED>
<DELETED> ``(b) Cooperative Agreements.--</DELETED>
<DELETED> ``(1) In general.--The Secretary of the Interior
may enter into any contract, grant, cooperative agreement, or
other agreement that is necessary to carry out subsection
(a).</DELETED>
<DELETED> ``(2) State of wyoming.--</DELETED>
<DELETED> ``(A) In general.--The Secretary of the
Interior shall enter into a cooperative agreement with
the State of Wyoming to work in cooperation and
collaboratively with the State of Wyoming for planning,
design, related preconstruction activities, and
construction of any modification of the Fontenelle Dam
under subsection (a).</DELETED>
<DELETED> ``(B) Requirements.--The cooperative
agreement under subparagraph (A) shall, at a minimum,
specify the responsibilities of the Secretary of the
Interior and the State of Wyoming with respect to--
</DELETED>
<DELETED> ``(i) completing the planning and
final design of the modification of the
Fontenelle Dam under subsection (a);</DELETED>
<DELETED> ``(ii) any environmental and
cultural resource compliance activities
required for the modification of the Fontenelle
Dam under subsection (a) including compliance
with--</DELETED>
<DELETED> ``(I) the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);</DELETED>
<DELETED> ``(II) the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.); and</DELETED>
<DELETED> ``(III) subdivision 2 of
division A of subtitle III of title 54,
United States Code; and</DELETED>
<DELETED> ``(iii) the construction of the
modification of the Fontenelle Dam under
subsection (a).</DELETED>
<DELETED> ``(c) Funding by State of Wyoming.--Pursuant to the Act of
March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a
condition of providing any additional storage under subsection (a), the
State of Wyoming shall provide to the Secretary of the Interior funds
for any work carried out under subsection (a).</DELETED>
<DELETED> ``(d) Other Contracting Authority.--</DELETED>
<DELETED> ``(1) In general.--The Secretary of the Interior
may enter into contracts with the State of Wyoming, on such
terms and conditions as the Secretary of the Interior and the
State of Wyoming may agree, for division of any additional
active capacity made available under subsection (a).</DELETED>
<DELETED> ``(2) Terms and conditions.--Unless otherwise
agreed to by the Secretary of the Interior and the State of
Wyoming, a contract entered into under paragraph (1) shall be
subject to the terms and conditions of Bureau of Reclamation
Contract No. 14-06-400-2474 and Bureau of Reclamation Contract
No. 14-06-400-6193.''.</DELETED>
<DELETED>SEC. 2. SAVINGS PROVISIONS.</DELETED>
<DELETED> Unless expressly provided in this Act, nothing in this Act
or an amendment made by this Act modifies, conflicts with, preempts, or
otherwise affects--</DELETED>
<DELETED> (1) the Act of December 31, 1928 (43 U.S.C. 617 et
seq.) (commonly known as the ``Boulder Canyon Project
Act'');</DELETED>
<DELETED> (2) the Colorado River Compact of 1922, as
approved by the Presidential Proclamation of June 25, 1929 (46
Stat. 3000);</DELETED>
<DELETED> (3) the Act of July 19, 1940 (43 U.S.C. 618 et
seq.) (commonly known as the ``Boulder Canyon Project
Adjustment Act'');</DELETED>
<DELETED> (4) the Treaty between the United States of
America and Mexico relating to the utilization of waters of the
Colorado and Tijuana Rivers and of the Rio Grande, and
supplementary protocol signed November 14, 1944, signed at
Washington February 3, 1944 (59 Stat. 1219);</DELETED>
<DELETED> (5) the Upper Colorado River Basin Compact as
consented to by the Act of April 6, 1949 (63 Stat.
31);</DELETED>
<DELETED> (6) the Act of April 11, 1956 (commonly known as
the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);</DELETED>
<DELETED> (7) the Colorado River Basin Project Act (Public
Law 90-537; 82 Stat. 885); or</DELETED>
<DELETED> (8) any State of Wyoming or other State water
law.</DELETED>
SECTION 1. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE
RESERVOIR AVAILABLE FOR USE.
(a) In General.--The Secretary of the Interior, in cooperation with
the State of Wyoming, may amend the Definite Plan Report for the
Seedskadee Project authorized under the first section of the Act of
April 11, 1956 (commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620), to provide for the study, design, planning, and
construction activities that will enable the use of all active storage
capacity (as may be defined or limited by legal, hydrologic,
structural, engineering, economic, and environmental considerations) of
Fontenelle Dam and Reservoir, including the placement of sufficient
riprap on the upstream face of Fontenelle Dam to allow the active
storage capacity of Fontenelle Reservoir to be used for those purposes
for which the Seedskadee Project was authorized.
(b) Cooperative Agreements.--
(1) In general.--The Secretary of the Interior may enter
into any contract, grant, cooperative agreement, or other
agreement that is necessary to carry out subsection (a).
(2) State of wyoming.--
(A) In general.--The Secretary of the Interior
shall enter into a cooperative agreement with the State
of Wyoming to work in cooperation and collaboratively
with the State of Wyoming for planning, design, related
preconstruction activities, and construction of any
modification of the Fontenelle Dam under subsection
(a).
(B) Requirements.--The cooperative agreement under
subparagraph (A) shall, at a minimum, specify the
responsibilities of the Secretary of the Interior and
the State of Wyoming with respect to--
(i) completing the planning and final
design of the modification of the Fontenelle
Dam under subsection (a);
(ii) any environmental and cultural
resource compliance activities required for the
modification of the Fontenelle Dam under
subsection (a) including compliance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(II) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(III) subdivision 2 of division A
of subtitle III of title 54, United
States Code; and
(iii) the construction of the modification
of the Fontenelle Dam under subsection (a).
(c) Funding by State of Wyoming.--Pursuant to the Act of March 4,
1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of
providing any additional storage under subsection (a), the State of
Wyoming shall provide to the Secretary of the Interior funds for any
work carried out under subsection (a).
(d) Other Contracting Authority.--
(1) In general.--The Secretary of the Interior may enter
into contracts with the State of Wyoming, on such terms and
conditions as the Secretary of the Interior and the State of
Wyoming may agree, for division of any additional active
capacity made available under subsection (a).
(2) Terms and conditions.--Unless otherwise agreed to by
the Secretary of the Interior and the State of Wyoming, a
contract entered into under paragraph (1) shall be subject to
the terms and conditions of Bureau of Reclamation Contract No.
14-06-400-2474 and Bureau of Reclamation Contract No. 14-06-
400-6193.
SEC. 2. SAVINGS PROVISIONS.
Unless expressly provided in this Act, nothing in this Act
modifies, conflicts with, preempts, or otherwise affects--
(1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.)
(commonly known as the ``Boulder Canyon Project Act'');
(2) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.)
(commonly known as the ``Boulder Canyon Project Adjustment
Act'');
(4) the Treaty between the United States of America and
Mexico relating to the utilization of waters of the Colorado
and Tijuana Rivers and of the Rio Grande, and supplementary
protocol signed November 14, 1944, signed at Washington
February 3, 1944 (59 Stat. 1219);
(5) the Upper Colorado River Basin Compact as consented to
by the Act of April 6, 1949 (63 Stat. 31);
(6) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(7) the Colorado River Basin Project Act (Public Law 90-
537; 82 Stat. 885); or
(8) any State of Wyoming or other State water law.
Amend the title so as to read: ``A bill to authorize the
Secretary of the Interior to amend the Definite Plan Report for
the Seedskadee Project to enable the use of the active capacity
of the Fontenelle Reservoir.''.
Calendar No. 215
114th CONGRESS
1st Session
S. 1305
[Report No. 114-135]
_______________________________________________________________________
A BILL
To amend the Colorado River Storage Project Act to authorize the use of
the active capacity of the Fontenelle Reservoir.
_______________________________________________________________________
September 9, 2015
Reported with an amendment and an amendment to the title