[House Report 109-368]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-368

======================================================================



 
      MADERA WATER SUPPLY AND GROUNDWATER ENHANCEMENT PROJECT ACT

                                _______
                                

January 31, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3897]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred 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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Madera Water Supply and Groundwater 
Enhancement Project Act''.

SEC. 2. DEFINITIONS.

    (a) The term ``District'' means the Madera Water 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 June 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3897 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Madera Water District is in the process of developing 
the Madera Water Supply and Groundwater Enhancement Project in 
an effort to help drought-proof Central California's San 
Joaquin Valley. The District recently purchased a 13,648-acre 
ranch which would be used for the Project. Under this proposed 
project, pumping facilities would convey District water to the 
ranch, where the water would be allowed to percolate and form a 
``water bank'' beneath the ranch. Banked water could be pumped 
and used locally when supply is low, providing a key regional 
water supply benefit. The Project would help the District in 
its efforts to conserve and more efficiently use its local and 
Central Valley Project water supplies.
    H.R. 3897 would authorize the Bureau of Reclamation to 
conduct a feasibility study of the proposed project. The agency 
is expected to rely on previously conducted engineering and 
environmental studies as it undertakes the study. If the Bureau 
of Reclamation finds the Project feasible (as defined under 
Bureau of Reclamation principles and guidelines), the bill 
authorizes the agency to participate in the Project's 
construction. The federal cost share would be 50 percent for 
the feasibility study and 25 percent for construction.

                            COMMITTEE ACTION

    H.R. 3897 was introduced on September 27, 2005, by 
Congressman George Radanovich (R-CA). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. On November 16, 2005, the Full 
Resources Committee met to consider the bill. The Subcommittee 
on Water and Power was discharged from further consideration of 
the bill by unanimous consent. Congressman George Radanovich 
offered an amendment to place a ten-year sunset on the bill's 
authorization. The amendment was adopted by unanimous consent. 
No further amendments were offered and the bill, as amended, 
was ordered favorably reported to the House of Representatives 
by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section cites the bill as the ``Madera Water Supply 
and Groundwater Enhancement Project Act.''

Section 2. Definitions

    This section defines various terms in the bill.

Section 3. Study and report

    This section authorizes the Secretary of the Interior to 
conduct a study determining the feasibility of constructing the 
Project and directs the Secretary to transmit the study results 
and recommendations to Congress by June 30, 2006. It stipulates 
that the federal share of the cost of the feasibility study 
shall not exceed 50 percent of the total cost, and that in-kind 
services, including reports, studies and other relevant 
information provided by the District, may be accepted as part 
of the non-federal share.

Section 4. Cooperative agreement

    This section directs the completion of a cooperative 
agreement between the Secretary and the Madera Water District 
that establishes responsibilities of the District for 
participating in the study and related environmental review.

Section 5. Authorization for the Madera Water Supply and Enhancement 
        Project

    This section authorizes the Secretary to enter into a 
cooperative agreement with the District for design and 
construction of the Project, once the feasibility report is 
completed and the Project is deemed feasible by the Secretary 
of the Interior. It authorizes ``such sums as may be 
appropriated'' to construct the Project. The federal share of 
capital costs of the Project shall not exceed 25 percent of 
total costs. In-kind services, reasonable costs associated with 
planning, design and construction, and the cost of land 
acquired for the Project by the District will be considered 
part of the non-federal cost share. Capital costs incurred by 
the District prior to enactment of this legislation shall be 
considered as part of the non-federal cost share. Operation and 
maintenance of the Project will be the sole responsibility of 
the District. The section stipulates that nothing authorized in 
this section shall be construed to transfer title, 
responsibility or liability of the Project to the United 
States.

Section 6. Sunset

    This section limits the federal authorization to ten years.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the general performance goal or objective of 
this bill, as ordered reported, is 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.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3897--Madera Water Supply and Groundwater Enhancement Project Act

    Summary: H.R. 3897 would authorize the Bureau of 
Reclamation to participate in the study, design, and 
construction of an underground water storage facility in 
cooperation with the Madera Irrigation District in California. 
The Federal share of the cost of the feasibility study could 
not exceed 50 percent; and the Federal share of potential costs 
for the facility could not exceed 25 percent.
    Assuming appropriation of the necessary funds, CBO 
estimates that implementing H.R. 3897 would cost $12 million 
over the 2006-2010 period. Enacting this bill would not affect 
direct spending or revenues.
    H.R. 3897 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments. The bill would authorize the design and 
construction of water projects that would benefit the Madera 
Irrigation District. Any costs that the district might incur, 
including matching funds, would result from complying with 
conditions for receiving Federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3897 is shown in the following table. 
The costs of this legislation fall within budget function 3000 
(natural resources and environment).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2006    2007    2008    2009    2010
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...       1       4       3       3       1
Estimated Outlays...............       1       3       3       3       2
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3897 will be enacted near the start of calendar year 2006 and 
that the necessary amounts will be appropriated over the 2006-
2010 period. Based on historical spending patterns of similar 
projects, CBO estimates that implementing this bill would cost 
$12 million over that period.
    H.R. 3897 would authorize the Bureau of Reclamation to 
construct a water recharge and recovery system for the Madera 
Irrigation District in central California's San Joaquin Valley. 
The legislation would limit the Federal cost shares to 50 
percent of the total costs of the study and 25 percent of the 
project's total cost. According to the Bureau of Reclamation, 
the total cost of the study and project would be about $41 
million with a total Federal cost of about $12 million. Based 
on information from the bureau, CBO expects that it would take 
approximately 5 years to complete the project. (The feasibility 
study would likely be completed over the next 2 years, with 
construction beginning in 2007 or 2008, assuming that the study 
results in a decision to proceed.) For this estimate, CBO 
assumes that funds will be appropriated in installments over 
the next 5 years to complete the project.
    Intergovernmental and private-sector impact: H.R. 3897 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on State, local, or 
tribal governments. The bill would authorize the design and 
construction of water projects that would benefit the Madera 
Irrigation District. Any costs the district might incur, 
including matching funds, would result from complying with 
conditions for receiving Federal assistance.
    Estimate prepared by: Federal Costs: Matthew Pickford; 
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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