[Congressional Record Volume 153, Number 160 (Monday, October 22, 2007)]
[House]
[Pages H11805-H11806]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  MADERA WATER SUPPLY ENHANCEMENT ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1855) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1855

       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.

       For the purposes of this Act:
       (1) District.--The term ``District'' means the Madera 
     Irrigation District, Madera, California.
       (2) Project.--The term ``Project'' means the Madera Water 
     Supply Enhancement Project, a groundwater bank on the 13,646-
     acre Madera Ranch in Madera, California, owned, operated, 
     maintained, and managed by the District that will plan, 
     design, and construct recharge, recovery, and delivery 
     systems able to store up to 250,000 acre-feet of water and 
     recover up to 55,000 acre-feet of water per year, as 
     substantially described in the California Environmental 
     Quality Act, Final Environmental Impact Report for the Madera 
     Irrigation District Water Supply Enhancement Project, 
     September 2005.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the United States Department of the Interior.
       (4) Total cost.--The term ``total cost'' means all 
     reasonable costs, such as the planning, design, permitting, 
     and construction of the Project and the acquisition costs of 
     lands used or acquired by the District for the Project.

     SEC. 3. PROJECT FEASIBILITY.

       (a) Project Feasible.--Pursuant to the Reclamation Act of 
     1902 (32 Stat. 388) and Acts amendatory thereof and 
     supplemental thereto, the Project is feasible and no further 
     studies or actions regarding feasibility are necessary.
       (b) Applicability of Other Laws.--The Secretary shall 
     implement the authority provided in this Act in accordance 
     with all applicable Federal laws, including the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     the Endangered Species Act of 1973 (7 U.S.C. 136; 16 U.S.C. 
     460 et seq.).

     SEC. 4. COOPERATIVE AGREEMENT.

       All final planning and design and the 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, which shall include--
       (1) engineering and design;
       (2) construction; and
       (3) 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.--The Secretary, acting 
     pursuant to the Federal reclamation laws (Act of June 17, 
     1902; 32 Stat. 388), and Acts amendatory thereof or 
     supplementary thereto, is authorized to enter into a 
     cooperative agreement through the Bureau of Reclamation with 
     the District for the support of the final design and 
     construction of the Project.
       (b) Total Cost.--The total cost of the Project for the 
     purposes of determining the Federal cost share shall not 
     exceed $90,000,000.
       (c) Cost Share.--The Federal share of the capital costs of 
     the Project shall not exceed 25 percent of the total cost. 
     Capital, planning, design, permitting, construction, and land 
     acquisition 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.
       (d) Credit for Non-Federal Work.--The District shall 
     receive credit toward the non-Federal share of the cost of 
     the Project for--
       (1) in-kind services that the Secretary determines would 
     contribute substantially toward the completion of the 
     project;
       (2) reasonable costs incurred by the District as a result 
     of participation in the planning, design, permitting, and 
     construction of the Project; and
       (3) the acquisition costs 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, ownership, 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 to 
     be appropriated to the Secretary to carry out this Act 
     $22,500,000 or 25 percent of the total cost of the Project, 
     whichever is less.

     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 gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Texas (Mr. Gohmert) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members

[[Page H11806]]

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 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  The purpose of H.R. 1855, as amended, is to authorize the Secretary 
of the Interior to provide support for the design and the construction 
of the Madera Water Supply and Enhancement Project in California's 
Central Valley.
  Similar legislation was introduced by Congressman Radanovich in the 
109th Congress and passed by the House. With the concurrence of the 
minority, H.R. 1855 has been amended to simplify the legislation and to 
ensure there is no doubt that this project should be promptly funded 
and constructed without further studies of its feasibility.
  We have no objection to this noncontroversial bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOHMERT. Mr. Speaker, I rise in support of H.R. 1855 and yield 
myself such time as I may consume.
  Mr. Speaker, this legislation, sponsored by our California colleague 
and former Water and Power Subcommittee Chair George Radanovich, 
authorizes the Bureau of Reclamation to participate in the design and 
construction of the Madera Water Supply and Enhancement Project.
  Due to a rapidly growing population and lawsuits filed, once again we 
hear about those lawsuits filed by San Francisco-based environmental 
organizations, the San Joaquin Valley of California faces increasing 
demands on its limited water supply. If excess water in the San Joaquin 
River exists, this project would store those flows in a nearby aquifer 
underneath the 13,000-acre Madera Ranch. This stored water bank could 
prove critical to meeting demands in dry years.
  This legislation also unilaterally declares the project feasible, 
which is something the bureaucracy would normally take years and much 
paperwork to decide. We commend the majority for agreeing to this 
rarely-used congressional declaration for a water storage project.
  With that, Mr. Speaker, I would like to commend my colleague across 
the aisle again, a Member of Congress with true grace and class. I 
appreciate her work on these bills, and I urge my colleagues to support 
this particular legislation.
  Mr. Speaker, I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, it has been a pleasure to work with my 
friend, the gentleman from Texas (Mr. Gohmert), in managing these 
noncontroversial bills this afternoon, and I want to thank him very 
much. I hope we have the opportunity again.
  Mr. RADANOVICH. Mr. Speaker, I rise in support of H.R. 3897, the 
Madera Water Supply Enhancement Act. This legislation authorizes the 
Bureau of Reclamation to participate in the design and construction of 
the Madera Water Supply Enhancement Project. This important water bank 
project will help improve water supply in California's San Joaquin 
Valley, which includes my congressional district.
  The Project will be located on the over 13,000-acre Madera Ranch, 
where the soils are ideal for percolating water from the surface to the 
aquifer for storage. The land is also a valuable habitat for numerous 
species and contains large sections of the region's native grasslands.
  Since I first introduced this legislation in early 2006 the water 
supply needs of the area have only increased. Court decisions and 
drought have led to an increasing demand on water supply in California. 
Groundwater pumping is exceeding groundwater recharge by approximately 
100,000 acre-feet per year, causing severe groundwater level declines. 
This water bank, by storing excess water in wet years, will provide a 
much needed source of water in dry years and facilitate the restoration 
of groundwater levels over time.
  The Madera Irrigation District has worked tirelessly to develop this 
exciting and innovative project that will increase water supply, 
provide groundwater resource protection, contribute to habitat 
conservation and have other positive impacts on the severe water supply 
and reliability problem in the area.
  The looming water crisis in California demands more feasible water 
supply projects, such as this water bank. I am encouraged by the 
authorization of this project and look forward to many more projects to 
ensure the water supply and quality in California. Companion 
legislation has been introduced by Senator Dianne Feinstein. Hopefully, 
with the support of the Senate we will see this project come to 
fruition.
  I urge my colleagues to support this legislation to expand water 
supply opportunities in Madera and California's San Joaquin Valley.
  Ms. BORDALLO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1855, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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