[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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