[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3897 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 3897

_______________________________________________________________________

                                 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.
    (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 December 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.

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:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 3897

_______________________________________________________________________

                                 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.