Text: H.R.29 — 110th Congress (2007-2008)All Information (Except Text)

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Reported to Senate (09/16/2008)

 
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 29 Reported in Senate (RS)]






                                                      Calendar No. 1008
110th CONGRESS
  2d Session
                                 H. R. 29


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2008

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
 To authorize the Secretary of the Interior to construct facilities to 
provide water for irrigation, municipal, domestic, military, and other 
    uses from the Santa Margarita River, California, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. DEFINITIONS.</DELETED>

<DELETED>    For the purposes of this Act, the following definitions 
apply:</DELETED>
        <DELETED>    (1) District.--The term ``District'' means the 
        Fallbrook Public Utility District, San Diego County, 
        California.</DELETED>
        <DELETED>    (2) Project.--The term ``Project'' means the 
        impoundment, recharge, treatment, and other facilities the 
        construction, operation, watershed management, and maintenance 
        of which is authorized under section 2.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, unless otherwise stated.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA 
              RIVER PROJECT.</DELETED>

<DELETED>    (a) Authorization.--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 
construct, operate, and maintain the Project substantially in 
accordance with the final feasibility report and this Act.</DELETED>
<DELETED>    (b) Conditions.--The Secretary may construct the Project 
only after the Secretary determines that the following conditions have 
occurred:</DELETED>
        <DELETED>    (1) The District and the Navy have entered into 
        contracts under sections 9(c)2 and 9(e) of the Reclamation 
        Project Act of 1939 to repay to the United States equitable and 
        appropriate portions, as determined by the Secretary, of the 
        actual costs of constructing, operating, and maintaining the 
        Project.</DELETED>
        <DELETED>    (2) The officer or agency of the State of 
        California authorized by law to grant permits for the 
        appropriation of water has granted such permits to the Bureau 
        of Reclamation for the benefit of the Department of the Navy 
        and the District as permittees for rights to the use of water 
        for storage and diversion as provided in this Act, including 
        approval of all requisite changes in points of diversion and 
        storage, and purposes and places of use.</DELETED>
        <DELETED>    (3) The District has agreed that it will not 
        assert against the United States any prior appropriative right 
        the District may have to water in excess of the quantity 
        deliverable to it under this Act, and will share in the use of 
        the waters impounded by the Project on the basis of equal 
        priority and in accordance with the ratio prescribed in section 
        4(b). This agreement and waiver and the changes in points of 
        diversion and storage under paragraph (2), shall become 
        effective and binding only when the Project has been completed 
        and put into operation and may be varied by agreement between 
        the District and the Secretary of the Navy.</DELETED>
        <DELETED>    (4) The Secretary has determined that the Project 
        has economic, environmental, and engineering 
        feasibility.</DELETED>

<DELETED>SEC. 3. COSTS.</DELETED>

<DELETED>    Upon completion of the construction of the Project, the 
Department of the Navy shall be responsible to repay to the Secretary 
only that portion of the construction, operation and maintenance costs 
of the Project that the Secretary and the Secretary of the Navy 
determine reflects the extent to which the Department of the Navy 
benefits from the Project. Provided that the Secretary is hereby 
authorized to enter into a contract with the Secretary of the Navy for 
the impounding, storage, treatment, and carriage of prior rights water 
for domestic, municipal, fish and wildlife, industrial and other 
beneficial purposes using Project facilities.</DELETED>

<DELETED>SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.</DELETED>

<DELETED>    (a) Operation.--The operation of the Project, subject to a 
memorandum of agreement between the Secretary, the Navy, and the 
District and under regulations satisfactory to the Secretary of the 
Navy with respect to the Navy's share of the project, may be by the 
Secretary, the District, or a third party consistent with section 
6.</DELETED>
<DELETED>    (b) Yield Allotment.--Except as otherwise agreed between 
the parties, the Department of the Navy and the District shall 
participate in the Project yield on the basis of equal priority and in 
accordance with the following ratio:</DELETED>
        <DELETED>    (1) 60 percent of the Project's yield is allotted 
        to the Secretary of the Navy.</DELETED>
        <DELETED>    (2) 40 percent of the Project's yield is allotted 
        to the District.</DELETED>
<DELETED>    (c) Contracts for Delivery of Excess Water.--</DELETED>
        <DELETED>    (1) Excess water available to other persons.--If 
        the Secretary of the Navy certifies to the official agreed upon 
        to administer the Project that the Department of the Navy does 
        not have immediate need for any portion of the 60 percent of 
        the Project's yield allotted to the Secretary of the Navy under 
        subsection (b), the official may enter into temporary contracts 
        for the sale and delivery of the excess water.</DELETED>
        <DELETED>    (2) First right for excess water.--The first right 
        to excess water to be made available under paragraph (1) shall 
        be given the District, if otherwise consistent with the laws of 
        the State of California.</DELETED>
        <DELETED>    (3) Condition of contracts.--Each contract entered 
        into under paragraph (1) for the sale and delivery of excess 
        water shall include a condition that the Secretary of the Navy 
        has the right to demand that water, without charge and without 
        obligation on the part of the United States, after 30 days 
        notice.</DELETED>
        <DELETED>    (4) Modification of rights and obligations.--The 
        rights and obligations of the United States and the District 
        regarding the ratio, amounts, definition of Project yield, and 
        payment for excess water may be modified by an agreement 
        between the parties.</DELETED>
<DELETED>    (d) Consideration.--</DELETED>
        <DELETED>    (1) Deposit of funds.--Moneys paid to the United 
        States under a contract entered into under subsection (c) shall 
        be deposited in the special account established for the 
        Department of the Navy under paragraph (1) of section 2667(d) 
        of title 10, United States Code, and shall be available for the 
        purposes specified in subparagraph (C) of such paragraph. 
        Subparagraph (D) of such paragraph shall not apply to moneys 
        deposited in the special account pursuant to this 
        subsection.</DELETED>
        <DELETED>    (2) In-kind consideration.--In lieu of monetary 
        consideration under paragraph (1), or in addition to such 
        consideration, the Secretary of the Navy may accept in-kind 
        consideration in a form and quantity that is acceptable to the 
        Secretary of the Navy, including the following forms of in-kind 
        consideration:</DELETED>
                <DELETED>    (A) Maintenance, protection, alteration, 
                repair, improvement, or restoration (including 
                environmental restoration) of property or facilities of 
                the Department of the Navy.</DELETED>
                <DELETED>    (B) Construction of new facilities for the 
                Department of the Navy.</DELETED>
                <DELETED>    (C) Provision of facilities for use by the 
                Department of the Navy.</DELETED>
                <DELETED>    (D) Facilities operation support for the 
                Department of the Navy.</DELETED>
                <DELETED>    (E) Provision of such other services as 
                the Secretary of the Navy considers 
                appropriate.</DELETED>
        <DELETED>    (3) Relation to other laws.--Sections 2662 and 
        2802 of title 10, United States Code, shall not apply to any 
        new facilities whose construction is accepted as in-kind 
        consideration under this subsection.</DELETED>
        <DELETED>    (4) Congressional notification.--If the in-kind 
        consideration proposed to be provided under a contract to be 
        entered into under subsection (c) has a value in excess of 
        $500,000, the contract may not be entered into until the 
        earlier of the following:</DELETED>
                <DELETED>    (A) The end of the 30-day period beginning 
                on the date on which a report describing the contract 
                and the form and quantity of the in-kind consideration 
                is submitted by the Secretary of the Navy to the 
                Committee on Armed Services of the Senate and the 
                Committee on Armed Services of the House of 
                Representatives.</DELETED>
                <DELETED>    (B) The end of the 14-day period beginning 
                on the date on which a copy of the report referred to 
                in subparagraph (A) is provided in an electronic medium 
                pursuant to section 480 of title 10, United States 
                Code.</DELETED>

<DELETED>SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT.</DELETED>

<DELETED>    (a) In General.--The general repayment obligation of the 
District shall be determined by the Secretary of the Interior 
consistent with sections 9(c)2 and 9(e) of the Reclamation Project Act 
of 1939 to repay to the United States equitable and appropriate 
portions, as determined by the Secretary, of the actual costs of 
constructing, operating, and maintaining the Project; provided, 
however, that for the purposes of calculating interest and determining 
the time when the District's repayment obligation to the United States 
commences, the pumping and treatment of groundwater from the Project 
shall be deemed equivalent to the first use of water from a water 
storage project. There shall be no repayment obligation under this 
section for water delivered to the District under a contract as 
provided in section 4(c).</DELETED>
<DELETED>    (b) Modification of Rights and Obligation by Agreement.--
The rights and obligations of the United States and the District 
regarding the repayment obligation of the District may be modified by 
an agreement between the parties.</DELETED>

<DELETED>SEC. 6. TRANSFER OF CARE, OPERATION, AND 
              MAINTENANCE.</DELETED>

<DELETED>    The Secretary may transfer to the District, or a mutually 
agreed upon third party, the care, operation, and maintenance of the 
Project under conditions satisfactory to the Secretary and the 
District, and with respect to the portion of the Project that is 
located within the boundaries of Camp Pendleton, satisfactory also to 
the Secretary of the Navy. If such a transfer takes place, the District 
shall be entitled to an equitable credit for the costs associated with 
the Secretary's proportionate share of the operation and maintenance of 
the Project. The amount of such costs shall be applied against the 
indebtedness of the District to the United States.</DELETED>

<DELETED>SEC. 7. SCOPE OF ACT.</DELETED>

<DELETED>    For the purpose of this Act, the basis, measure, and limit 
of all rights of the United States pertaining to the use of water shall 
be the laws of the State of California. Provided that nothing in this 
Act shall be construed--</DELETED>
        <DELETED>    (1) as a grant or a relinquishment by the United 
        States of any rights to the use of water that it acquired 
        according to the laws of the State of California, either as a 
        result of its acquisition of the lands comprising Camp Joseph 
        H. Pendleton and adjoining naval installations, and the rights 
        to the use of water as a part of that acquisition, or through 
        actual use or prescription or both since the date of that 
        acquisition, if any;</DELETED>
        <DELETED>    (2) to create any legal obligation to store any 
        water in the Project, to the use of which the United States has 
        such rights;</DELETED>
        <DELETED>    (3) to require the division under this Act of 
        water to which the United States has such rights; or</DELETED>
        <DELETED>    (4) to constitute a recognition of, or an 
        admission by the United States that, the District has any 
        rights to the use of water in the Santa Margarita River, which 
        rights, if any, exist only by virtue of the laws of the State 
        of California.</DELETED>

<DELETED>SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION.</DELETED>

<DELETED>    Unless otherwise agreed by the Secretary of the Navy, the 
Project--</DELETED>
        <DELETED>    (1) shall be operated in a manner which allows the 
        free passage of all of the water to the use of which the United 
        States is entitled according to the laws of the State of 
        California either as a result of its acquisition of the lands 
        comprising Camp Joseph H. Pendleton and adjoining naval 
        installations, and the rights to the use of water as a part of 
        those acquisitions, or through actual use or prescription, or 
        both, since the date of that acquisition, if any; and</DELETED>
        <DELETED>    (2) shall not be administered or operated in any 
        way which will impair or deplete the quantities of water the 
        use of which the United States would be entitled under the laws 
        of the State of California had the Project not been 
        built.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated, out of any money 
in the Treasury of the United States not otherwise appropriated, the 
following:</DELETED>
        <DELETED>    (1) $60,000,000 (the current estimated 
        construction cost of the Project, plus or minus such amounts as 
        may be indicated by the engineering cost indices for this type 
        of construction).</DELETED>
        <DELETED>    (2) Such sums as may be required to operate and 
        maintain the said project.</DELETED>

<DELETED>SEC. 10. REPORTS TO CONGRESS.</DELETED>

<DELETED>    Not later than 1 year after the date of the enactment of 
this Act and periodically thereafter, the Secretary and the Secretary 
of the Navy shall each report to the Congress regarding if the 
conditions specified in section 2(b) have been met and if so, the 
details of how they were met.</DELETED>

<DELETED>SEC. 11. SUNSET.</DELETED>

<DELETED>    The authority of the Secretary to complete construction of 
the Project shall terminate 10 years after the date of enactment of 
this Act.</DELETED>

SECTION 1. DEFINITIONS.

    In this Act:
            (1) District.--The term ``District'' means the Fallbrook 
        Public Utility District, San Diego County, California.
            (2) Project.--The term ``Project'' means the impoundment, 
        recharge, treatment, and other facilities the construction, 
        operation, watershed management, and maintenance of which is 
        authorized under section 2.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA RIVER 
              PROJECT.

    (a) Authorization.--The Secretary, acting pursuant to Federal 
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 
1093)), and Acts supplemental to and amendatory of that Act (43 U.S.C. 
371 et seq.), to the extent that law is not inconsistent with this Act, 
may construct, operate, and maintain the Project substantially in 
accordance with the final feasibility report and environmental reviews 
for the Project and this Act.
    (b) Conditions.--The Secretary may construct the Project only after 
the Secretary determines that the following conditions have occurred:
            (1)(A) The District and the Secretary of the Navy have 
        entered into contracts under subsections (c)(2) and (e) of 
        section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 
        485h) to repay to the United States equitable and appropriate 
        portions, as determined by the Secretary, of the actual costs 
        of constructing, operating, and maintaining the Project.
            (B) As an alternative to a repayment contract with the 
        Secretary of the Navy described in subparagraph (A), the 
        Secretary may allow the Secretary of the Navy to satisfy all or 
        a portion of the repayment obligation for construction of the 
        Project on the payment of the share of the Secretary of the 
        Navy prior to the initiation of construction, subject to a 
        final cost allocation as described in section 3.
            (2) The officer or agency of the State of California 
        authorized by law to grant permits for the appropriation of 
        water has granted the permits to the Bureau of Reclamation for 
        the benefit of the Secretary of the Navy and the District as 
        permittees for rights to the use of water for storage and 
        diversion as provided in this Act, including approval of all 
        requisite changes in points of diversion and storage, and 
        purposes and places of use.
            (3)(A) The District has agreed--
                    (i) to not assert against the United States any 
                prior appropriative right the District may have to 
                water in excess of the quantity deliverable to the 
                District under this Act; and
                    (ii) to share in the use of the waters impounded by 
                the Project on the basis of equal priority and in 
                accordance with the ratio prescribed in section 4(b).
            (B) The agreement and waiver under subparagraph (A) and the 
        changes in points of diversion and storage under paragraph 
        (2)--
                    (i) shall become effective and binding only when 
                the Project has been completed and put into operation; 
                and
                    (ii) may be varied by agreement between the 
                District and the Secretary of the Navy.
            (4) The Secretary has determined that the Project has 
        completed applicable economic, environmental, and engineering 
        feasibility studies.

SEC. 3. COSTS.

    (a) In General.--As determined by a final cost allocation after 
completion of the construction of the Project, the Secretary of the 
Navy shall be responsible to pay upfront or repay to the Secretary only 
that portion of the construction, operation, and maintenance costs of 
the Project that the Secretary and the Secretary of the Navy determine 
reflects the extent to which the Department of the Navy benefits from 
the Project.
    (b) Other Contracts.--Notwithstanding subsection (a), the Secretary 
may enter into a contract with the Secretary of the Navy for the 
impoundment, storage, treatment, and carriage of prior rights water for 
domestic, municipal, fish and wildlife, industrial, and other 
beneficial purposes using Project facilities.

SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.

    (a) Operation.--The Secretary, the District, or a third party 
(consistent with section 6) may operate the Project, subject to a 
memorandum of agreement between the Secretary, the Secretary of the 
Navy, and the District and under regulations satisfactory to the 
Secretary of the Navy with respect to the share of the Project of the 
Department of the Navy.
    (b) Yield Allotment.--Except as otherwise agreed between the 
parties, the Secretary of the Navy and the District shall participate 
in the Project yield on the basis of equal priority and in accordance 
with the following ratio:
            (1) 60 percent of the yield of the Project is allotted to 
        the Secretary of the Navy.
            (2) 40 percent of the yield of the Project is allotted to 
        the District.
    (c) Contracts for Delivery of Excess Water.--
            (1) Excess water available to other persons.--If the 
        Secretary of the Navy certifies to the official agreed on to 
        administer the Project that the Department of the Navy does not 
        have immediate need for any portion of the 60 percent of the 
        yield of the Project allotted to the Secretary of the Navy 
        under subsection (b), the official may enter into temporary 
        contracts for the sale and delivery of the excess water.
            (2) First right for excess water.--The first right to 
        excess water made available under paragraph (1) shall be given 
        the District, if otherwise consistent with the laws of the 
        State of California.
            (3) Condition of contracts.--Each contract entered into 
        under paragraph (1) for the sale and delivery of excess water 
        shall include a condition that the Secretary of the Navy has 
        the right to demand the water, without charge and without 
        obligation on the part of the United States, after 30 days 
        notice.
            (4) Modification of rights and obligations.--The rights and 
        obligations of the United States and the District regarding the 
        ratio, amounts, definition of Project yield, and payment for 
        excess water may be modified by an agreement between the 
        parties.
    (d) Consideration.--
            (1) Deposit of funds.--
                    (A) In general.--Amounts paid to the United States 
                under a contract entered into under subsection (c) 
                shall be--
                            (i) deposited in the special account 
                        established for the Department of the Navy 
                        under section 2667(e)(1) of title 10, United 
                        States Code; and
                            (ii) shall be available for the purposes 
                        specified in section 2667(e)(1)(C) of that 
                        title.
                    (B) Exception.--Section 2667(e)(1)(D) of title 10, 
                United States Code, shall not apply to amounts 
                deposited in the special account pursuant to this 
                subsection.
            (2) In-kind consideration.--In lieu of monetary 
        consideration under paragraph (1), or in addition to monetary 
        consideration, the Secretary of the Navy may accept in-kind 
        consideration in a form and quantity that is acceptable to the 
        Secretary of the Navy, including--
                    (A) maintenance, protection, alteration, repair, 
                improvement, or restoration (including environmental 
                restoration) of property or facilities of the 
                Department of the Navy;
                    (B) construction of new facilities for the 
                Department of the Navy;
                    (C) provision of facilities for use by the 
                Department of the Navy;
                    (D) facilities operation support for the Department 
                of the Navy; and
                    (E) provision of such other services as the 
                Secretary of the Navy considers appropriate.
            (3) Relation to other laws.--Sections 2662 and 2802 of 
        title 10, United States Code, shall not apply to any new 
        facilities the construction of which is accepted as in-kind 
        consideration under this subsection.
            (4) Congressional notification.--If the in-kind 
        consideration proposed to be provided under a contract to be 
        entered into under subsection (c) has a value in excess of 
        $500,000, the contract may not be entered into until the 
        earlier of--
                    (A) the end of the 30-day period beginning on the 
                date on which the Secretary of the Navy submits to the 
                Committee on Armed Services of the Senate and the 
                Committee on Armed Services of the House of 
                Representatives a report describing the contract and 
                the form and quantity of the in-kind consideration; or
                    (B) the end of the 14-day period beginning on the 
                date on which a copy of the report referred to in 
                subparagraph (A) is provided in an electronic medium 
                pursuant to section 480 of title 10, United States 
                Code.

SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT.

    (a) Determination.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the general repayment obligation of the District 
        shall be determined by the Secretary consistent with 
        subsections (c)(2) and (e) of section 9 of the Reclamation 
        Project Act of 1939 (43 U.S.C. 485h) to repay to the United 
        States equitable and appropriate portions, as determined by the 
        Secretary, of the actual costs of constructing, operating, and 
        maintaining the Project.
            (2) Groundwater.--For purposes of calculating interest and 
        determining the time when the repayment obligation of the 
        District to the United States commences, the pumping and 
        treatment of groundwater from the Project shall be deemed 
        equivalent to the first use of water from a water storage 
        project.
            (3) Contracts for delivery of excess water.--There shall be 
        no repayment obligation under this section for water delivered 
        to the District under a contract described in section 4(c).
    (b) Modification of Rights and Obligation by Agreement.--The rights 
and obligations of the United States and the District regarding the 
repayment obligation of the District may be modified by an agreement 
between the parties.

SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTENANCE.

    (a) In General.--The Secretary may transfer to the District, or a 
mutually agreed upon third party, the care, operation, and maintenance 
of the Project under conditions that are--
            (1) satisfactory to the Secretary and the District; and
            (2) with respect to the portion of the Project that is 
        located within the boundaries of Camp Pendleton, satisfactory 
        to the Secretary, the District, and the Secretary of the Navy.
    (b) Equitable Credit.--
            (1) In general.--In the event of a transfer under 
        subsection (a), the District shall be entitled to an equitable 
        credit for the costs associated with the proportionate share of 
        the Secretary of the operation and maintenance of the Project.
            (2) Application.--The amount of costs described in 
        paragraph (1) shall be applied against the indebtedness of the 
        District to the United States.

SEC. 7. SCOPE OF ACT.

    (a) In General.--Except as otherwise provided in this section, for 
the purpose of this Act, the laws of the State of California shally 
apply to the rights of the United States pertaining to the use of water 
under this Act.
    (b) Limitations.--Nothing in this Act--
            (1) provides a grant or a relinquishment by the United 
        States of any rights to the use of water that the United States 
        acquired according to the laws of the State of California, 
        either as a result of the acquisition of the land comprising 
        Camp Joseph H. Pendleton and adjoining naval installations, and 
        the rights to the use of water as a part of that acquisition, 
        or through actual use or prescription or both since the date of 
        that acquisition, if any;
            (2) creates any legal obligation to store any water in the 
        Project, to the use of which the United States has those 
        rights;
            (3) requires the division under this Act of water to which 
        the United States has those rights; or
            (4) constitutes a recognition of, or an admission by the 
        United States that, the District has any rights to the use of 
        water in the Santa Margarita River, which rights, if any, exist 
        only by virtue of the laws of the State of California.

SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION.

    Unless otherwise agreed by the Secretary of the Navy, the Project--
            (1) shall be operated in a manner which allows the free 
        passage of all of the water to the use of which the United 
        States is entitled according to the laws of the State of 
        California either as a result of the acquisition of the land 
        comprising Camp Joseph H. Pendleton and adjoining naval 
        installations, and the rights to the use of water as a part of 
        those acquisitions, or through actual use or prescription, or 
        both, since the date of that acquisition, if any; and
            (2) shall not be administered or operated in any way that 
        will impair or deplete the quantities of water the use of which 
        the United States would be entitled under the laws of the State 
        of California had the Project not been built.

SEC. 9. REPORTS TO CONGRESS.

    Not later than 2 years after the date of the enactment of this Act 
and periodically thereafter, the Secretary and the Secretary of the 
Navy shall each submit to the appropriate committees of Congress 
reports that describe whether the conditions specified in section 2(b) 
have been met and if so, the manner in which the conditions were met.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act--
            (1) $60,000,000, as adjusted to reflect the engineering 
        costs indices for the construction cost of the Project; and
            (2) such sums as are necessary to operate and maintain the 
        Project.

SEC. 11. SUNSET.

    The authority of the Secretary to complete construction of the 
Project shall terminate on the date that is 10 years after the date of 
enactment of this Act.
                                                      Calendar No. 1008

110th CONGRESS

  2d Session

                                H. R. 29

_______________________________________________________________________

                                 AN ACT

 To authorize the Secretary of the Interior to construct facilities to 
provide water for irrigation, municipal, domestic, military, and other 
    uses from the Santa Margarita River, California, and for other 
                               purposes.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment