[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3437 Placed on Calendar Senate (PCS)]






                                                      Calendar No. 1114
110th CONGRESS
  2d Session
                                H. R. 3437


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 22 (legislative day, September 17), 2008

                                Received

            October 2 (legislative day, September 17), 2008

                 Read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
  To authorize the Secretary of the Interior to carry out the Jackson 
         Gulch rehabilitation project in the State of Colorado.

    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 ``Jackson Gulch Rehabilitation Act of 
2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Assessment.--The term ``assessment'' means the 
        engineering document that is--
                    (A) entitled ``Jackson Gulch Inlet Canal Project, 
                Jackson Gulch Outlet Canal Project, Jackson Gulch 
                Operations Facilities Project: Condition Assessment and 
                Recommendations for Rehabilitation'';
                    (B) dated February 2004; and
                    (C) on file with the Bureau of Reclamation.
            (2) District.--The term ``District'' means the Mancos Water 
        Conservancy District established under the Water Conservancy 
        Act (Colo. Rev. Stat. 37-45-101 et seq.).
            (3) Project.--The term ``Project'' means the Jackson Gulch 
        rehabilitation project, a program for the rehabilitation of the 
        Jackson Gulch Canal system and other infrastructure in the 
        State, as described in the assessment.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (5) State.--The term ``State'' means the State of Colorado.

SEC. 3. AUTHORIZATION OF JACKSON GULCH REHABILITATION PROJECT.

    (a) In General.--Subject to the reimbursement requirement described 
in subsection (c), the Secretary shall pay the Federal share of the 
total cost of carrying out the Project.
    (b) Use of Existing Information.--In preparing any studies relating 
to the Project, the Secretary shall, to the maximum extent practicable, 
use existing studies, including engineering and resource information 
provided by, or at the direction of--
            (1) Federal, State, or local agencies; and
            (2) the District.
    (c) Reimbursement Requirement.--
            (1) Amount.--The Secretary shall recover from the District 
        as reimbursable expenses the lesser of--
                    (A) the amount equal to 35 percent of the cost of 
                the Project; or
                    (B) $2,900,000.
            (2) Manner.--The Secretary shall recover reimbursable 
        expenses under paragraph (1)--
                    (A) in a manner agreed to by the Secretary and the 
                District;
                    (B) over a period of 15 years; and
                    (C) with no interest.
            (3) Credit.--In determining the exact amount of 
        reimburseable expenses to be recovered from the District, the 
        Secretary shall credit the District for any amounts it paid 
        before the date of the enactment of this Act for engineering 
        work and improvements directly associated with the Project.
    (d) Prohibition on Operation and Maintenance Costs.--The District 
shall be responsible for the operation and maintenance of any facility 
constructed or rehabilitated under this Act.
    (e) Liability.--The United States shall not be liable for damages 
of any kind arising out of any act, omission, or occurrence relating to 
a facility rehabilitated or constructed under this Act.
    (f) Effect.--An activity provided Federal funding under this Act 
shall not be considered a supplemental or additional benefit under--
            (1) the reclamation laws; or
            (2) the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to pay the Federal share of the total 
cost of carrying out the Project $8,250,000.

            Passed the House of Representatives September 17, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                      Calendar No. 1114

110th CONGRESS

  2d Session

                               H. R. 3437

_______________________________________________________________________

                                 AN ACT

  To authorize the Secretary of the Interior to carry out the Jackson 
         Gulch rehabilitation project in the State of Colorado.

_______________________________________________________________________

            October 2 (legislative day, September 17), 2008

                 Read twice and placed on the calendar