12 2 STA T .849PUBLIC LA W 11 0– 229 —M A Y 8 , 2008 (B)EF F ECTONWA TE R R IGH T S.—Nothing in thi s s ec- tion— (i) c r e a tes F e d era lw ater rights
or (ii) re qu ires the grant o f water rights to Federal entities. ( 6 ) AU THORI Z ATION OF A P PROPRIATIONS.— (A) I N GENERA L .— T here is authori z ed to b ea p pro- priated to carr y out pro j ects and acti v ities under this sub- section $157, 1 40 ,000, as adjusted under subparagraph ( C ). (B) NONREI MB URSABLE FE D ERAL E X PENDITURES.—Any a m ounts e x pended under subparagraph (A) shall be consid- ered to be nonreimbursable Federal expenditures. (C) AD J USTMENT.—The balance of funds remaining to be appropriated shall be adjusted for inflation on O ctober 1 of the year after the date of enactment of this Act and each October 1 thereafter. ( D )A V AILABILIT Y OF FUNDS.—At the end of each fiscal year, any unexpended funds for projects and activities made available under subparagraph (A) shall be retained for use in future fiscal years to implement projects and activi- ties under the P rogram. (7) TERMINATION OF AUTHORITY.—The authority for the S ecretary to implement the First Increment shall terminate on September 3 0, 2 020. (c) PATHFINDER M ODIFICATION PROJECT.— (1) AUTHORIZATION OF PROJECT.— (A) IN GENERAL.—The Secretary of the Interior, acting through the Commissioner of R eclamation (referred to in this subsection as the ‘ ‘Secretary ’ ’), may— (i) modify the Pathfinder Dam and Reservoir; and (ii) enter into 1 or more agreements with the State of W yoming to implement the Pathfinder Modification Project (referred to in this subsection as the ‘‘Project’’), as described in Appendix F to the Final Settlement Stipulation in Nebras k a v. Wyoming, 534 U .S. 40 (2001). (B) FEDERAL APPROPRIATIONS.—No Federal appropria- tions are required to modify the Pathfinder Dam under this paragraph. (2) AUTHORIZED USES OF PATHFINDER RESERVOIR.—Provided that all of the conditions described in paragraph (3) are first met, the approximately 54,000 acre-feet capacity of Pathfinder Reservoir, which has been lost to sediment but will be recap- tured by the Project, may be used for municipal, environmental, and other purposes, as described in Appendix F to the Final Settlement Stipulation in Nebraska v. Wyoming, 534 U.S. 40 (2001). (3) CONDITIONS PRECEDENT.—The actions and water uses authorized in paragraphs (1)(A)(i) and (2) shall not occur until each of the following actions have been completed
(A) Final approval from the Wyoming legislature for the export of Project water to the State of Nebraska under the laws (including regulations) of the State of Wyoming. (B) Final approval in a change of water use proceeding under the laws (including regulations) of the State of Wyoming for all new uses planned for Project water. Final
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