109th CONGRESS
2d Session
H. R. 3897
IN THE SENATE OF THE UNITED STATES
July 11, 2006
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To authorize the Secretary of the Interior, acting through the
Bureau of Reclamation to enter into a cooperative agreement with the Madera
Irrigation District for purposes of supporting the Madera Water Supply Enhancement
Project.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Madera Water Supply Enhancement Act'.
SEC. 2. DEFINITIONS.
(a) The term `District' means the Madera Irrigation District, Madera, California.
(b) The term `Project' means the `Madera Water Supply and Enhancement Project'.
(c) The term `Secretary' means the Secretary of the United States Department
of the Interior.
SEC. 3. STUDY AND REPORT.
(a) Study- Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts
amendatory thereof and supplemental thereto, the Secretary, acting through
the Commissioner of the Bureau of Reclamation, and in consultation and cooperation
with the District, is authorized to conduct a study to determine the feasibility
of constructing the Project.
(1) TRANSMISSION- Upon completion of the study authorized by subsection
(a), the Secretary shall transmit to the Committee on Resources of the
House of Representatives and the Committee on Energy and Natural Resources
of the Senate a report containing the results of the study, together with
recommendations regarding any recommendation to construct the project.
(2) USE OF AVAILABLE MATERIALS- In developing the report under this section,
the Secretary shall make use of reports and any other relevant information
supplied by the District.
(3) DEADLINE- No later than December 30, 2006, the Secretary shall complete
the report and transmit the report to Congress pursuant to subsection
(b)(2).
(1) FEDERAL SHARE- The Federal share of the costs of the feasibility study
authorized by this section shall not exceed 50 percent of the total cost
of the study.
(2) IN-KIND CONTRIBUTION FOR NON-FEDERAL SHARE- The Secretary may accept
as part of the non-Federal cost share the contribution of such in-kind
services by the District as the Secretary determines will contribute to
the conduct and completion of the study.
SEC. 4. COOPERATIVE AGREEMENT.
All planning, design, and construction of the Project authorized by this
Act shall be undertaken in accordance with a cooperative agreement between
the Secretary and the District for the Project. Such cooperative agreement
shall set forth in a manner acceptable to the Secretary and the District
the responsibilities of the District for participating in the study and
related environmental review, including, but not limited to:
(1) preparation of an assessment of the need for the project;
(2) preparation of feasibility and reconnaissance studies;
(3) environmental review;
(4) engineering and design;
(6) the administration of contracts pertaining to any of the foregoing.
SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT PROJECT.
(a) Authorization of Construction- Upon submission of feasibility report
described in section 3 and a statement by the Secretary that the project
is feasible, the Secretary, acting pursuant to the Federal reclamation laws
(Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary
thereto, as far as those laws are not inconsistent with the provisions of
this Act, is authorized to enter into a cooperative agreement through the
Bureau with the District for the support of the design, and construction
of the Project.
(b) Cost Share- The Federal share of the capital costs of the Project shall
not exceed 25 percent of the total cost. Capital costs incurred by the District
prior to the date of the enactment of this Act shall be considered a portion
of the non-Federal cost share.
(c) In-Kind Services- In-kind services performed by the District shall be
considered a part of the local cost share to complete the Project authorized
by subsection (a).
(d) Credit for Non-Federal Work- The District shall receive credit toward
the non-Federal share of the cost of the Project for--
(1) reasonable costs incurred by the District as a result of participation
in the planning, design, and construction of the Project; and
(2) for the fair market value of lands used or acquired by the District
for the Project.
(e) Limitation- The Secretary shall not provide funds for the operation
or maintenance of the Project authorized by this section. The operation
and maintenance of the Project shall be the sole responsibility of the District.
(f) Plans and Analyses Consistent With Federal Law- Before obligating funds
for design or construction under this section, the Secretary shall work
cooperatively with the District to use, to the extent possible, plans, designs,
and engineering and environmental analyses that have already been prepared
by the District for the Project. The Secretary shall ensure that such information
as is used is consistent with applicable Federal laws and regulations.
(g) Title; Responsibility; Liability- Nothing in this section or the assistance
provided under this section shall be construed to transfer title, responsibility
or liability related to the Project to the United States.
(h) Authorization of Appropriation- There is authorized such sums as may
be appropriated to carry out this section.
SEC. 6. SUNSET.
The authority of the Secretary to carry out any provisions of this Act shall
terminate 10 years after the date of the enactment of this Act.
Passed the House of Representatives July 10, 2006.
Attest:
KAREN L. HAAS,
Clerk.
END
