[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3897 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3897
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
and Groundwater Enhancement Project.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2005
Mr. Radanovich introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
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
and Groundwater 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 and Groundwater
Enhancement Project Act''.
SEC. 2. DEFINITIONS.
(a) The term ``District'' means the Madera Water 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.
(b) Report.--
(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 June 30, 2006, the Secretary
shall complete the report and transmit the report to Congress
pursuant to subsection (b)(2).
(c) Cost Share.--
(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;
(5) construction; and
(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.
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