[Congressional Record Volume 154, Number 146 (Monday, September 15, 2008)]
[House]
[Pages H8052-H8053]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                JACKSON GULCH REHABILITATION ACT OF 2008

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3437) to authorize the Secretary of the Interior to carry 
out the Jackson Gulch rehabilitation project in the State of Colorado, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3437

       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 ``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 
     reimburseable expenses to be recovered from the District, the 
     Secretary shall credit the District for any amounts it paid 
     before the date of the 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Arkansas (Mr. Boozman) 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 
may have 5 legislative days in which 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.
  (Ms. BORDALLO asked and was given permission to revise and extend her 
remarks.)
  Ms. BORDALLO. The Mancos Project delivers water from Jackson Gulch 
Dam to residents, farms and businesses in Montezuma County, Colorado. 
The project and the Jackson Gulch Dam provide supplemental agricultural 
water for about 8,650 irrigated acres and at least 237 agricultural 
businesses. The project is also a domestic water supply for the Mesa 
Verde National Park.
  For almost 60 years, the project has outlived its expected life and 
is in dire need of rehabilitation. This bill will aid the repair and 
the rehabilitation of this vitally important project in southwestern 
Colorado.
  I would like to commend our colleague from Colorado, Congressman John 
Salazar, for his hard work on

[[Page H8053]]

the bill before us today. I urge my colleagues to support its passage.
  I reserve the balance of my time.
  Mr. BOOZMAN. Mr. Speaker, the Democratic bill manager has adequately 
described H.R. 3437. We have no objection to the one-time solution in 
this bill.
  Federal water projects throughout the western United States are 
crumbling due to age and limited resources at all levels. The Jackson 
Gulch project is a frustrating symbol of what could happen to other 
projects. In the coming years, Congress and the next administration 
have to resolve this aging infrastructure problem to leverage 
government and private assistance and remove unnecessary red tape to 
keep our water running and our lights on. We look forward to working 
together to resolve this nonpartisan problem.
  I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support the bill, 
and 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. 3437, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BISHOP of Utah. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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