(This measure has not been amended since it was passed by the House on October 22, 2007. The summary of that version is repeated here.)
Madera Water Supply Enhancement Act - Declares that the Madera Water Supply Enhancement Project, California, is feasible and that no further studies or actions regarding feasibility are necessary.
Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary of the Interior and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits: (1) the total cost of the Project for purposes of determining the federal share; and (2) the federal share of Project capital costs.
Considers capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share. Requires the District to receive credit toward the nonfederal share for: (1) in-kind services that the Secretary determines would contribute substantially toward completion of the Project; (2) reasonable costs incurred from participation in the planning, design, permitting, and construction of the Project; and (3) the acquisition costs of lands used or acquired for the Project.
Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Authorizes appropriations. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1855 Introduced in House (IH)]
110th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2007
Mr. Radanovich introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
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.
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) The term ``District'' means the Madera Irrigation
District, Madera, California.
(2) 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.
(3) The term ``Secretary'' means the Secretary of the
United States Department of the Interior.
(4) The term ``total cost'' means all reasonable costs,
such as the planning, design, permitting, financing, and
construction of the Project and the fair market value of lands
used or acquired by the District for the Project. The total
cost of the Project shall not exceed $90,000,000.
SEC. 3. NO FURTHER STUDIES OR REPORTS.
(a) Findings.--Congress finds that the Bureau of Reclamation and
others have conducted numerous studies regarding the Project,
including, but not limited to the following:
(1) Bureau of Reclamation Technical Review Groups Final
Findings Memorandum, July 1997.
(2) Bureau of Reclamation Madera Ranch Artificial Recharge
Demonstration Test Memorandum, December 1997.
(3) Bureau of Reclamation Madera Ranch Groundwater Bank
Phase 1 Report, 1998.
(4) Draft Memorandum Recommendations for Phase 2
Geohydrologic Work, April 1998.
(5) Bureau of Reclamation Madera Ranch Water Banking
Proposal Economic Analysis--MP-340.
(6) Hydrologic Feasibility Report, December 2003.
(7) Engineering Feasibility Report, December 2003.
(8) Feasibility Study of the Preferred Alternative, Water
Supply Enhancement Project, 2005.
(9) Engineering Feasibility Report, June 2005.
(10) Report on Geologic and Hydrologic Testing Program for
Madera Ranch.
(11) Engine Driver Study, June 2005.
(12) Wetlands Delineation, 2000, 2001, 2004, and 2005.
(13) Madera Ranch Pilot Recharge: Interim Technical
Memorandum, May 2005.
(14) Integrated Regional Water Management Plan, July 2005.
(15) Certified California Environmental Quality Act (CEQA)
Environmental Impact Report (EIR), September 2005.
(16) Baseline Groundwater Level Monitoring Report, January
2006.
(17) Final Appraisal Study, Madera Irrigation District
Water Supply Enhancement Project, October 2006.
(18) WDS Groundwater Monitoring Status Report to Madera
Ranch Oversight Committee, November 2006.
(b) No Further Studies or Reports.--Pursuant to the Reclamation Act
of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental
thereto, the Project is feasible and the Bureau of Reclamation shall
not conduct any further studies or reports related to determining the
feasibility of the Project.
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, 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, 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 as defined in
section 2(4). Capital, planning, design, permitting, financing,
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.
(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, permitting,
financing, 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, 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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E728)
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water and Power.
Ms. Bordallo moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H11805-11806)
DEBATE - The House proceeded with forty minutes of debate on H.R. 1855.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H11805)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H11805)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
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Committee on Energy and Natural Resources Senate Subcommittee on Water and Power. Hearings held.
Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
Committee on Energy and Natural Resources. Reported by Senator Bingaman without amendment. With written report No. 110-384.
Committee on Energy and Natural Resources. Reported by Senator Bingaman without amendment. With written report No. 110-384.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 816.