Sec. 4310. Authority to make entire active capacity of Fontenelle Reservoir available for use

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The Secretary of the Interior (referred to in this section as the Secretary ), 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.

The Secretary may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out subsection (a). The Secretary 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). The cooperative agreement under subparagraph

(A)shall, at a minimum, specify the responsibilities of the Secretary and the State of Wyoming with respect to— completing the planning and final design of the modification of the Fontenelle Dam under subsection (a); any environmental and cultural resource compliance activities required for the modification of the Fontenelle Dam under subsection

(a)including compliance with— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); and subdivision 2 of division A of subtitle III of title 54, United States Code; and the construction of the modification of the Fontenelle Dam under subsection (a). 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 funds for any work carried out under subsection (a). The Secretary may enter into contracts with the State of Wyoming, on such terms and conditions as the Secretary and the State of Wyoming may agree, for division of any additional active capacity made available under subsection (a). Unless otherwise agreed to by the Secretary 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. Unless expressly provided in this section, nothing in this section modifies, conflicts with, preempts, or otherwise affects— the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq.); the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000); the Boulder Canyon Project Adjustment Act ( 43 U.S.C. 618 et seq.); 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); the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31); the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) ( 43 U.S.C. 620 et seq.); the Colorado River Basin Project Act ( Public Law 90–537 ; 82 Stat. 885); or any State of Wyoming or other State water law.

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