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Calendar No. 268
116th Congress } { Report
SENATE
1st Session } { 116-146
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PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM EXTENSION ACT
_______
October 24, 2019.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 990]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 990) to authorize the Secretary of the
Interior to participate in the implementation of the Platte
River Recovery Implementation Program First Increment Extension
for threatened and endangered species in the Central and Lower
Platte River Basin, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE
The purpose of S. 990 is to authorize the Secretary of the
Interior (Secretary) to continue the cooperative effort among
the Federal and non-Federal entitites through the
implementation of the Platte River Recovery Implementation
Program First Increment Extension for threatened and endangered
species in the Central and Lower Platte River Basin.
BACKGROUND AND NEED
The Platte River Recovery and Implementation Program (PRRIP
or Program) is a partnership between the Department of the
Interior (DOI) and the states of Colorado, Nebraska, and
Wyoming aimed at recovering endangered species and complying
with the Endangered Species Act within the Central and Lower
Platte basin. DOI entered into a cooperative agreement with
these states in 1997, and in 2006 the Bureau of Reclamation
(Reclamation) released a Final Programmatic Environmental
Impact Statement, the Fish and Wildlife Service issued a final
Biological Opinion, and the Record of Decision was signed for
the Program.
PRRIP targets four listed species through land, water, and
adaptive management goals. The four target species include the
endangered whooping crane, interior least tern, and pallid
sturgeon, and the threatened piping plover. The water plan's
objective is to increase flows in the central Platte River area
through incentive-based water projects in order to maintain
habitat for the target species. The land plan's goals are to
protect, and where appropriate, restore critical habitat. The
adaptive management plan's goals are to improve production,
avoid adverse impacts, and improve survival of the various
listed species.
Congress authorized the first increment of PRRIP in 2008
(section 515 of the Consolidated Natural Resources Act of 2008,
Public Law 110-229). During the first increment, progress
toward endangered species compliance included development of
operation depletion plans for each state, an integrated
monitoring and research plan, over 12,000 acres of habitat
lands acquired and under management, and 90,000 acre-feet (AF)
per year of secure water supplies.
PRRIP is currently set to expire in 2020 and legislation is
needed to extend the program to allow further progress toward
long-term objectives, including development and acquisition of
120,000 AF per year of total water assets for the program, an
additional 1,500 acres of complex habitat to the current land
inventory, and continuation of the adaptive management program
to better understand the science and ecology of target species.
S. 990 extends the program by an additional 13 years, through
2033.
LEGISLATIVE HISTORY
S. 990 was introduced by Senators Barrasso, Gardner,
Fischer, Bennet, and Enzi on April 4, 2019. The Subcommittee on
Water and Power held a hearing on the measure on June 26, 2019.
Identical companion legislation, H.R. 3237, was introduced
in the House of Representatives by Representative Neguse on
June 12, 2019. The Subcommittee on Water, Oceans and Wildlife
held a hearing on the bill on June 24, 2019.
The Senate Committee on Energy and Natural Resources met in
open business session on September 25, 2019, and ordered S. 990
favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on September 25, 2019, by a majority
voice vote of a quorum present, recommends that the Senate pass
S. 990.
SECTION-BY-SECTION ANALYSIS
Sec. 1. Short title
Section 1 sets forth the short title.
Sec. 2. Purpose
Section 2 states the purpose.
Sec. 3. Definitions
Section 3 defines key terms.
Sec. 4. Platte River Recover Implementation Program
Subsection (a) authorizes the Secretary to participate in
PRRIP and carry out implementation-related projects and
activities, including entering into contracts and agreements,
acquiring interests in land, water, and facilities from willing
sellers, and accepting or providing grants.
Subsection (b) requires the states to contribute not less
than 50 percent of the total contributions needed to implement
the program. The subsection specifies that the states' non-
Federal contributions are to be comprised of an additional $28
million, and additional credit, as determined by the Secretary,
for contributions of land and water. The subsection also allows
in-kind goods and services to provide a portion of the Federal
or non-Federal shares, if approved by the Program's Governance
Committee.
Subsection (c) authorizes the modification or amendment of
the Program before completion of the First Increment Extension
if the Secretary and states determine a modification or
amendment is consistent with the purposes of PRRIP.
Subsection (d)(1) states that no action taken pursuant to
section 4 shall, with respect to acreage limitations provisions
of Reclamation laws, be used to: (A) determine whether a water
district has repaid the construction costs of project
facilities; (B) reinstate acreage limitations on a district
that has repayed its construction obligations; or (C) increase
a district's construction repayment obligation.
Subsection (d)(2) states that section 4 does not create
Federal water rights or require water rights to be granted to
Federal entities.
Subsection (e) authorizes an additional $78 million in
appropriations above the $157.1 million authorized in 2008 and
specifies that those funds are non-reimbursable Federal
expenditures. The subsection further directs any fund balance
to be adjusted for inflation annually and specifies that any
unexpended funds may be retained and carried over for future
use, including from the First Increment to the Firest Increment
Extension.
Subsection (f) terminates the Secretary's authority to
implement the First Increment Extension on September 30, 2033.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 990. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 990, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 990, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the June 26, 2019, hearing on S. 990 follows:
Statement of Kiel Weaver, Principal Deputy Assistant Secretary for
Water and Science, U.S. Department of the Interior
Chairman McSally, Ranking Member Cortez Masto, and Members
of the Subcommittee, I am Kiel Weaver, Principal Deputy
Assistant Secretary for Water and Science with the U.S.
Department of the Interior (``Department''). Thank you for the
opportunity to provide the views of the Department on several
water related pieces of legislation. I will address each of
these individually.
S. 990--the Platte River Recovery Implementation Program Extension Act
The Department's participation, collaboration with the
States of Colorado, Wyoming, and Nebraska, in the Platte River
Recover Implementation Program (Program) was authorized under
Sec. 515 of the Consolidated Natural Resources Act of 2008
(P.L. 110-229.) S. 990, sponsored by Senator John Barrasso (R-
WY), would reauthorize the Department's continued
participation, allowing for an extension of the Program for
thirteen years from January 1, 2020 through December 31, 2032.
During the first thirteen years of the Program (referred to
as the ``First Increment'') eight of ten milestones have been
achieved, with two remaining. One remaining milestone is the
Program's Water Action Plan, which is to provide 50,000 acre-
feet of water for shortage reduction to U.S. Fish and Wildlife
Service target flows in the central Platte River. The other
remaining milestone is the completion of the Nebraska New
Depletions Plan, which is a responsibility of the state of
Nebraska. The Program has allowed existing water and power
related projects with a federal nexus within the Platte River
basin, including Reclamation's projects on the North and South
Platte Rivers, to continue to operate as they have historically
while providing an avenue for new water development projects to
be developed in compliance with the Endangered Species Act
through more efficient, streamlined consultations. The Program
has implemented five Water Action Plan projects which provide
approximately 14,000 acre-feet of water on an annual basis and
has acquired an interest in approximately 12,600 acres of
habitat for threatened and endangered species. In addition, the
Program has implemented an Integrated Monitoring and Research
Plan and Adaptive Management Plan to monitor target species,
Central Platte River habitat conditions, and the effects of
Program management actions on the species.
The Program has been successful, providing an avenue for
different parties and competing interests to find collaborative
solutions to improving habitat conditions for the target
species while allowing water use and development within the
Platte River basin to continue. If the Program is not
reauthorized, regulatory certainty for water and power users
within the Platte River basin could be lost, which would
jeopardize the continued operation of Reclamation projects in
the basin and have detrimental effects on the delivery of water
and power to Reclamation customers.
The Platte River Recovery Implementation Program is
important to providing continued ESA compliance for the
operation of Reclamation projects in the Platte River basin.
The Department is supportive and urges reauthorization.
Conclusion
Again, thank you for the opportunity to testify. The
Department looks forward to working closely with this Committee
on these bills. I would be happy to answer any questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 990 as ordered reported.
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