[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 437 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 437
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2009
Mr. Radanovich introduced the following bill; which was referred to the
Committee on Natural 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
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.
For the purposes of this Act:
(1) District.--The term ``District'' means the Madera
Irrigation District, Madera, California.
(2) Project.--The term ``Project'' means the Madera Water
Supply Enhancement Project, a groundwater bank on the 13,646-
acre Madera Ranch in Madera, California, owned, operated,
maintained, and managed by the District that will plan, design,
and construct recharge, recovery, and delivery systems able to
store up to 250,000 acre-feet of water and recover up to 55,000
acre-feet of water per year, as substantially described in the
California Environmental Quality Act, Final Environmental
Impact Report for the Madera Irrigation District Water Supply
Enhancement Project, September 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the United States Department of the Interior.
(4) Total cost.--The term ``total cost''means all
reasonable costs, such as the planning, design, permitting, and
construction of the Project and the acquisition costs of lands
used or acquired by the District for the Project.
SEC. 3. PROJECT FEASIBILITY.
(a) Project Feasible.--Pursuant to the Reclamation Act of 1902 (32
Stat. 388) and Acts amendatory thereof and supplemental thereto, the
Project is feasible and no further studies or actions regarding
feasibility are necessary.
(b) Applicability of Other Laws.--The Secretary shall implement the
authority provided in this Act in accordance with all applicable
Federal laws, including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (7
U.S.C. 136; 16 U.S.C. 460 et seq.).
SEC. 4. COOPERATIVE AGREEMENT.
All final planning and design and the 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, which shall include--
(1) engineering and design;
(2) construction; and
(3) 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.--The Secretary, acting pursuant
to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388),
and Acts amendatory thereof or supplementary thereto, is authorized to
enter into a cooperative agreement through the Bureau of Reclamation
with the District for the support of the final design and construction
of the Project.
(b) Total Cost.--The total cost of the Project for the purposes of
determining the Federal cost share shall not exceed $90,000,000.
(c) Cost Share.--The Federal share of the capital costs of the
Project shall not exceed 25 percent of the total cost. Capital,
planning, design, permitting, construction, and land acquisition 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.
(d) Credit for Non-Federal Work.--The District shall receive credit
toward the non-Federal share of the cost of the Project for--
(1) in-kind services that the Secretary determines would
contribute substantially toward the completion of the project;
(2) reasonable costs incurred by the District as a result
of participation in the planning, design, permitting, and
construction of the Project; and
(3) the acquisition costs 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, ownership, 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 to be
appropriated to the Secretary to carry out this Act $22,500,000 or 25
percent of the total cost of the Project, whichever is less.
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.
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