[Congressional Record Volume 152, Number 88 (Monday, July 10, 2006)]
[House]
[Pages H4922-H4923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  MADERA WATER SUPPLY ENHANCEMENT ACT

  Mr. RADANOVICH. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 3897) 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 and Groundwater Enhancement Project, as amended.
  The Clerk read as follows:

                               H.R. 3897

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentleman from New Jersey (Mr. 
Pallone) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. RADANOVICH. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RADANOVICH. Madam Speaker, I yield myself such time as I may 
consume.
  H.R. 3897, introduced by myself, authorizes the Bureau of Reclamation 
to participate in the study, design, and construction of the Madera 
Water Supply and Enhancement Project. This important water bank project 
in my congressional district will help improve the water supply in 
California's San Joaquin Valley.
  The over-13,000-acre ranch where the water bank is located is well 
suited for this project. The soils on and underneath the land are ideal 
for percolating water from the surface to the aquifer for storage. In 
addition, the land is valuable habitat for numerous species and 
contains large sections of the region's native grasslands.
  Funding for this project is under way. Madera Irrigation District, 
which will operate and maintain this project, issued $37.5 million in 
bonds to purchase the property. Also, the fiscal year 2006 Energy and 
Water Appropriations measure allocated $200,000 to conduct a study on 
the feasibility of the water bank.

[[Page H4923]]

  With increasing demands on its limited water supply, the San Joaquin 
Valley is falling behind in creating additional water sources. The 
Madera Water Supply and Enhancement Project will enable water users to 
store excess river flows in a nearby aquifer. This stored water bank 
would then be used during dry years and could prove critical to meeting 
demands.
  I urge my colleagues to support this legislation to expand water 
supply opportunities in the San Joaquin Valley.
  Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I yield myself such time as I may 
consume.
  (Mr. PALLONE asked and was given permission to revise and extend his 
remarks.)
  Mr. PALLONE. Madam Speaker, we on this side of the aisle have no 
objection to the passage of H.R. 3897. The majority has adequately 
explained this legislation, and I would simply note that the 
groundwater development project that would be authorized by the 
enactment of this bill could substantially improve water supply 
reliability in California's Central Valley.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. RADANOVICH. Madam Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the bill, H.R. 3897, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A Bill 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.''.
  A motion to reconsider was laid on the table.

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