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114th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                          { 114-450

======================================================================

TO AMEND THE COLORADO RIVER STORAGE PROJECT ACT TO AUTHORIZE THE USE OF 
            THE ACTIVE CAPACITY OF THE FONTENELLE RESERVOIR

                                _______
                                

 March 14, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 2273]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2273) to amend the Colorado River Storage 
Project Act to authorize the use of the active capacity of the 
Fontenelle Reservoir, having considered the same, reports 
favorably thereon with amendments and recommends that the bill 
as amended do pass.
    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2273, as ordered reported, is to 
authorize the Secretary of the Interior to amend the Definite 
Plan Report for the Seedskadee Project to enable to use of the 
active capacity of the Fontenelle Reservoir.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2273, as amended, authorizes the Secretary of the 
Interior to enter into a cooperative agreement with the State 
of Wyoming to study, design, plan and perform construction that 
will enable the use of all active storage capacity at the 
Fontenelle Dam and Reservoir. The bill requires Wyoming to pay 
for the full cost of such activities.
    The Colorado River (River) is a major source of water 
supply for Wyoming and six other western states. The River is 
governed under the so-called `'Law of the River,'' which is 
comprised of numerous federal laws, state compacts and 
agreements. The seven Colorado River Basin states and the 
federal government negotiated the Colorado River Compact of 
1922, which defined the relationship between the upper basin 
states, where most of the River's water supply originates, and 
the lower basin states, which held most of the water demands. 
Since the seven states could not agree on how the waters of the 
Colorado River Basin should be allocated among them, then 
Secretary of Commerce Herbert Hoover suggested the basin be 
divided into an upper and lower half, with each basin having 
the right to develop 7.5 million acre-feet (maf) annually of 
river water. An acre foot of water is equivalent to 
approximately 326,000 gallons or enough to cover a football 
field with a foot of water. The Upper Colorado River Basin 
Compact of 1948 apportioned the upper basin's 7.5 maf among 
Colorado (51.75 percent), New Mexico (11.25 percent), Utah (23 
percent), and Wyoming (14 percent). In addition, the Colorado 
River Storage Project of 1956 provided a comprehensive upper 
basin-wide water resource development plan and authorized the 
construction of dams, including the Seedskadee Project, for 
river regulation and power production, as well as several 
projects for irrigation and other uses.
    Fontenelle Dam and Reservoir is the principal feature of 
the federal Seedskadee Project in southwest Wyoming. The 
current active storage capacity of the Reservoir is 260,000 
acre feet. Since Wyoming has yet to use its full 14 percent 
Colorado River allotment, it has proposed expanding the active 
storage capacity of the Reservoir to 345,000 acre feet. 
Increasing active storage capacity at the Reservoir requires 
the installation of large stones, also known as ``riprap,'' on 
parts of the upstream face of the earthen Dam. These stones 
keep water from eroding parts of the upstream face of the Dam.
    Under H.R. 2273, Wyoming would be responsible for paying 
for the entire project, including study, design, planning, and 
construction of the riprap project. As amended, the bill no 
longer amends the Colorado River Storage Project to ensure that 
anything done under the auspices of this bill would not modify 
that law. This and other provisions of the bill are intended to 
reinforce the ``beneficiaries pay'' policy, which requires that 
those who solely receive the benefits of a project will pay for 
the project.

                SECTION BY SECTION ANALYSIS OF THE BILL

    Section 1, as amended, authorizes the Secretary of the 
Interior to amend the Definite Plan Report for the Seedskadee 
Project to enter into any contract, grant or cooperative 
agreement with the State of Wyoming to carry out the study, 
design, planning, and construction activities to allow for the 
use of the Fontenelle Dam's entire active storage capacity. Any 
costs under this section shall be paid for by the State of 
Wyoming.
    Section 2 provides a ``Savings Provision'' that intends to 
limit the bill from preempting or amending a number of federal 
statutes and Wyoming water law.

                            COMMITTEE ACTION

    H.R. 2273 was introduced on May 12, 2015, by Congresswoman 
Cynthia Lummis (R-WY). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Water, Power and Oceans. On June 25, 2015, the 
Subcommittee held a hearing on the bill. On February 2, 2016, 
the Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congresswoman 
Lummis offered an amendment designated #1 to the bill; it was 
adopted by unanimous consent. No further amendments were 
offered, and the bill, as amended, was ordered favorably 
reported to the House of Representatives by unanimous consent 
on February 3, 2016.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2273--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

    H.R. 2273 would authorize the Bureau of Reclamation (BOR) 
to plan and construct a project to expand water storage at 
Fontenelle Dam and Reservoir in southwestern Wyoming. Because 
implementing H.R. 2273 would affect direct spending, pay-as-
you-go procedures apply. Enacting H.R. 2273 would not affect 
revenues. Based on information from the BOR, however, CBO 
estimates that enacting the legislation would have an 
insignificant effect on the budget.
    CBO also estimates that enacting the bill would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    Under current law, the amount of water storage available to 
the State of Wyoming at the reservoir is the difference between 
full capacity and the lowest water level that allows all of the 
authorized purposes of the Fontenelle project to be performed. 
Under the bill, the BOR would coordinate with the State of 
Wyoming to design and construct modifications to the Fontenelle 
Dam and Reservoir to allow the project to operate at a lower 
water level, thus expanding the amount of storage available to 
the state. H.R. 2273 also would require the state to contribute 
100 percent of the cost to design and construct the project. 
(Those donations from the state to the federal government would 
be recorded in the budget as offsetting receipts and would 
subsequently be spent without further appropriation.)
    H.R. 2273 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the State of Wyoming. Any costs incurred by the 
state to fund the project or participate in cooperative 
agreements would result from complying with conditions of 
federal assistance.
    September 2, 2015, CBO transmitted a cost estimate for S. 
1305, a bill to amend the Colorado River Storage Project Act to 
authorize the use of the active capacity of the Fontenelle 
Reservoir, as ordered reported by the Senate Committee on 
Energy and Natural Resources on July 30, 2015. The two pieces 
of legislation are similar and CBO's estimates of the budgetary 
effects are the same.
    The CBO staff contacts for this estimate are Aurora Swanson 
(for federal costs) and Jon Sperl (for intergovernmental 
mandates). The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. The Congressional 
Budget Office estimates that enactment of this bill ``would 
have an insignificant effect on the budget.'' Because the State 
of Wyoming must pay 100 percent of the costs of the project, 
any payments to the United States would be considered 
offsetting receipts (a credit against direct spending).
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of Rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to authorize 
the Secretary of the Interior to amend the Definite Plan Report 
for the Seedskadee Project to enable to use of the active 
capacity of the Fontenelle Reservoir.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  [all]