II 111th CONGRESS 1st Session S. 184 IN THE SENATE OF THE UNITED STATES January 8, 2009 Mr. Salazar (for himself and Mr. Udall of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to carry out the Jackson Gulch rehabilitation project in the State of Colorado.

1.

Short title

This Act may be cited as the Jackson Gulch Rehabilitation Act of 2009.

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.

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.