Sec. 4. Platte river recovery implementation program
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The Secretary, in cooperation with the Governance Committee, may— participate in the Program; and carry out any projects and activities that are designated for implementation during the First Increment Extension. For the purposes of carrying out this section, the Secretary, in cooperation with the Governance Committee, may— enter into agreements and contracts with Federal and non-Federal entities; acquire interests in land, water, and facilities from willing sellers without the use of eminent domain; subsequently transfer any interests acquired under subparagraph (B); and accept or provide grants.
As provided in the Agreement, the States shall contribute not less than 50 percent of the total contributions necessary to carry out the Program. The following contributions shall constitute the States’ share of the Program: An additional $28,000,000 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. Additional credit for contributions of water or land for the purposes of implementing the Program, as determined to be appropriate by the Secretary.
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. The Program may be modified or amended before the completion of the First Increment Extension if the Secretary and the States determine that the modifications are consistent with the purposes of the Program.
No action carried out under this section shall, with respect to the acreage limitation provisions of the reclamation laws— be considered in determining whether a district (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; serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of the construction obligations of the district; or serve as the basis for increasing the construction repayment obligation of the district, which would extend the period during which the acreage limitation provisions would apply.
Nothing in this section— creates Federal water rights; or requires the grant of water rights to Federal entities. There is authorized to be appropriated to carry out projects and activities under this section an additional $78,000,000 as adjusted under paragraph (3). Any amounts to be expended under paragraph
(1)shall be considered nonreimbursable Federal expenditures. The balance of funds remaining to be expended shall be adjusted for inflation on October 1 of the year after the date of enactment of this Act and each October 1 thereafter. At the end of each fiscal year, any unexpended funds for projects and activities made available under paragraph
(1)shall be retained for use in future fiscal years to implement projects and activities under the Program. Any unexpended funds appropriated during the First Increment shall be retained and carried over from the First Increment into the First Increment Extension. The authority for the Secretary to implement the First Increment Extension shall terminate on September 30, 2033.
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Sec. 4
Platte river recovery implementation program
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