[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1477 Reported in Senate (RS)]






                                                       Calendar No. 974
110th CONGRESS
  2d Session
                                S. 1477

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2007

Mr. Salazar (for himself and Mr. Allard) introduced the following bill; 
   which was 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]

_______________________________________________________________________

                                 A BILL


 
  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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Jackson Gulch 
Rehabilitation Act of 2007''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Assessment.--The term ``assessment'' means the 
        engineering document that is--</DELETED>
                <DELETED>    (A) entitled ``Jackson Gulch Inlet Canal 
                Project, Jackson Gulch Outlet Canal Project, Jackson 
                Gulch Operations Facilities Project: Condition 
                Assessment and Recommendations for 
                Rehabilitation'';</DELETED>
                <DELETED>    (B) dated February 2004; and</DELETED>
                <DELETED>    (C) on file with the Bureau of 
                Reclamation.</DELETED>
        <DELETED>    (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.).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Commissioner of 
        Reclamation.</DELETED>
        <DELETED>    (5) State.--The term ``State'' means the State of 
        Colorado.</DELETED>

<DELETED>SEC. 3. AUTHORIZATION OF JACKSON GULCH REHABILITATION 
              PROJECT.</DELETED>

<DELETED>    (a) In General.--The Secretary shall pay the Federal share 
of the total cost of carrying out the Project.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) Federal, State, or local agencies; 
        and</DELETED>
        <DELETED>    (2) the District.</DELETED>
<DELETED>    (c) Cost-Sharing Requirement.--</DELETED>
        <DELETED>    (1) Federal share.--The Federal share of the total 
        cost of carrying out the Project shall be 80 percent.</DELETED>
        <DELETED>    (2) Non-federal share.--The non-Federal share of 
        the total cost of carrying out the Project may be in the form 
        of--</DELETED>
                <DELETED>    (A) any in-kind, documented contribution 
                of goods or services; or</DELETED>
                <DELETED>    (B) any amounts paid by the District 
                before, on, or after the date of enactment of this Act 
                for engineering and improvement costs for the Jackson 
                Gulch Conveyance Works.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Effect.--An activity provided Federal funding under 
this Act shall not be considered a supplemental or additional benefit 
under--</DELETED>
        <DELETED>    (1) the reclamation laws; or</DELETED>
        <DELETED>    (2) the Act of August 11, 1939 (16 U.S.C. 590y et 
        seq.).</DELETED>
<DELETED>    (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 $6,452,311.</DELETED>

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 
        reimbursable expenses to be recovered from the District, the 
        Secretary shall credit the District for any amounts it paid 
        before the date of 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.
                                                       Calendar No. 974

110th CONGRESS

  2d Session

                                S. 1477

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment