(This measure has not been amended since it was reported to the House on July 31, 2008. The summary of that version is repeated here.)
Jackson Gulch Rehabilitation Act of 2008 - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation to: (1) pay the federal share of the cost of carrying out the Jackson Gulch rehabilitation project in Colorado; and (2) use existing studies relating to the project, including engineering and resource information provided by, or at the direction of, federal, state, or local agencies and the Mancos Water Conservancy District.
Directs the Secretary to: (1) recover the lesser of 35% of the project's cost or $2.9 million as reimbursable expenses from the District over a 15-year period; and (2) credit the District for any amounts it paid before enactment of this Act for engineering work and improvements directly associated with the project.
Makes the District responsible for the operation and maintenance of any facility constructed or rehabilitated under this Act. Shields the United States from liability for damages arising out of any act, omission, or occurrence relating to such a facility.
Authorizes appropriations.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3437 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3437
To authorize the Secretary of the Interior to carry out the Jackson
Gulch rehabilitation project in the State of Colorado.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 2007
Mr. Salazar introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to carry out the Jackson
Gulch rehabilitation project in the State of Colorado.
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
2007''.
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.--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) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the total cost of
carrying out the Project shall be 80 percent.
(2) Non-federal share.--The non-Federal share of the total
cost of carrying out the Project may be in the form of--
(A) any in-kind, documented contribution of goods
or services; or
(B) any amounts paid by the District before, on, or
after the date of enactment of this Act for engineering
and improvement costs for the Jackson Gulch Conveyance
Works.
(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 $6,452,311.
<all>
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water and Power.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee Without Recommendation (Amended) by Unanimous Consent .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-813.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-813.
Placed on the Union Calendar, Calendar No. 527.
Ms. Bordallo moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8052-8053)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 3437.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Bishop (UT) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Considered as unfinished business. (consideration: CR H8368-8369)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR 9/15/2008 H8052)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 9/15/2008 H8052)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 1114.