H.R. 2555House109th Congress (2005-2007)In Committee

Arkansas Valley Conduit Act

Introduced May 23, 2005

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Executive Comment Requested from Interior.

May 31, 2005

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HouseIntro Referral

Introduced in House

May 23, 2005

HouseIntro Referral

Referred to the House Committee on Resources.

May 23, 2005

HouseCommittee

Referred to the Subcommittee on Water and Power.

May 31, 2005

HouseCommittee

Executive Comment Requested from Interior.

May 31, 2005

Floor Debate

24 members

What members said about H.R. 2555 on the floor

10 Republicans14 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 13, 2006

Mr. Speaker, I thank the distinguished ranking member and my colleagues who are here. There is not a single heart of a Member of this body that I would challenge on the basis of their commitment,…

Peter T. King
Rep. Peter T. KingR-NY-3 · Sep 13, 2006

Mr. Speaker, as the designee of the majority leader and pursuant to H. Res. 996, I call up the resolution (H. Res. 994) expressing the sense of the House of Representatives on the fifth anniversary…

Jane Harman
Rep. Jane HarmanD-CA-36 · Sep 13, 2006

Mr. Speaker, I reserve my time. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, nothing we say today can erase the pain that America felt on September 11, 2001. No resolution we…

C. W. Bill Young
Rep. C. W. Bill YoungR-FL-10 · Sep 13, 2006

Mr. Speaker, I rise in support of House Resolution 994 Mr. Speaker, I rise in strong support of House Resolution 994, legislation that recognizes September 11th as a national day of mourning and…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Sep 13, 2006

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, 5 years ago on Monday, on the day the terrorists attacked our Nation, Members of Congress gathered on the steps of the Capitol and sang…

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Peter Hoekstra
Rep. Peter HoekstraR-MI-2 · Sep 13, 2006

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I look forward to roughly the next hour of time that we will spend here on the floor, myself and our ranking member and the…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Sep 13, 2006

Mr. Speaker, I rise today to discuss H. Res. 994, legislation commemorating the fifth anniversary of the September 11, 2001, terrorist attacks against our country. I remember September 11, 2001,…

Daniel E. Lungren
Rep. Daniel E. LungrenR-CA-3 · Sep 13, 2006

Mr. Speaker, I thank the chairman for yielding. Mr. Speaker, like many, I was affected by 9/11. As a matter of fact, that is the reason I decided to return to public service and sought an opportunity…

John A. Boehner
Rep. John A. BoehnerR-OH-8 · Sep 13, 2006

Mr. Speaker, let me thank my colleague from California for yielding the time, and today, the people's House has taken up legislation marking the 5-year anniversary of the terror attacks of September…

Bennie G. Thompson
Rep. Bennie G. ThompsonD-MS-2 · Sep 13, 2006

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in honor of all those whose lives were affected by September 11, 2001. I rise in memory of those who lost their lives…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · Sep 13, 2006

Mr. Speaker, it is altogether fitting that we adopt the resolution commemorating the fifth anniversary of the terrorist attacks against the United States and specifically against the World Trade…

Henry J. Hyde
Rep. Henry J. HydeR-IL-6 · Sep 13, 2006

Mr. Speaker, I yield myself such time as I may consume. It has been 5 years since the world watched the impossible happen, and yet it is difficult to believe that the days and months have passed so…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Sep 13, 2006

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, and ladies and gentlemen of the House, 5 years have passed since the tragedy of 9/11; September 11, 2001, when the whole country…

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Tom Lantos
Rep. Tom LantosD-CA-12 · Sep 13, 2006

Mr. Speaker, I reserve the balance of my time. Mr. Speaker, I yield myself such time as I may consume, and let me first commend my dear friend from Illinois, the distinguished chairman of our…

Curt Weldon
Rep. Curt WeldonR-PA-7 · Sep 13, 2006

Mr. Speaker, I thank my distinguished leader for yielding the time. I rise in support of this legislation. Mr. Speaker, I was at the site of 9/11, but the first time I was there in 1993, and I went…

Maurice D. Hinchey
Rep. Maurice D. HincheyD-NY-22 · Sep 13, 2006

Mr. Speaker, I want to express my appreciation to my dear friend and colleague, the chairman of the Judiciary Committee, for providing us with this opportunity to speak. Five years and 2 days after…

Dave Weldon
Rep. Dave WeldonR-FL-15 · Sep 13, 2006

Mr. Speaker, I stand in strong support of this resolution. It is critical that we, as a Nation, remember what took place on September 11, 2001--a day when we ``woke up'' to the fact that we were in a…

Ron Kind
Rep. Ron KindD-WI-3 · Sep 13, 2006

Mr. Speaker, I rise today in support of House Resolution 994, ``expressing the sense of the House of Representatives on the fifth anniversary of the terrorist attacks launched against the United…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Sep 13, 2006

Mr. Speaker, our commemoration of September 11 is a solemn occasion. It is a day of remembrance and a day of resolve. We remember those, Mr. Speaker, who perished or were injured 5 years ago in New…

Jack Kingston
Rep. Jack KingstonR-GA-1 · Sep 13, 2006

I thank the gentleman for yielding, and I wanted to say that there have been a lot of steps we have taken since 9/11. Many of these steps have been taken against the Democrat leadership's will. I…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Sep 13, 2006

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I almost didn't want to talk about this, it is so painful for many of us to remember those tragic days and those tragic events. Monday…

Tom Davis
Rep. Tom DavisR-VA-11 · Sep 13, 2006

Mr. Speaker, remembrance is a solemn obligation, a duty owed by every obligation to those whose honor, love and sacrifice light our way today. To the 2,996 souls who perished on September 11, we owe…

Xavier Becerra
Rep. Xavier BecerraD-CA-31 · Sep 13, 2006

I thank the gentleman for yielding. Mr. Speaker, House Resolution 994 was our opportunity in this House for the Members of the House of Representatives to speak, not as Republicans, not as Democrats,…

John F. Tierney
Rep. John F. TierneyD-MA-6 · Sep 13, 2006

Mr. Speaker, I thank my colleague from California. Mr. Speaker, many Members recently voted against the previous question on the rule. We did so because we wanted a substitute, a resolution that…

Bill Text

Latest available legislative text

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Introduced in HouseIssued May 23, 2005

I

109th CONGRESS

1st Session

H. R. 2555

IN THE HOUSE OF REPRESENTATIVES

May 23, 2005

Mrs. Musgrave introduced the following bill; which was referred to the Committee on Resources

A BILL

To authorize the construction of the Arkansas Valley Conduit in the State of Colorado, and for other purposes.

1.

Short title

This Act may be cited as the Arkansas Valley Conduit Act.

2.

Findings and purposes

(a)

Findings

Congress finds that—

(1)

Public Law 87–590 (76 Stat. 389) authorized the Fryingpan-Arkansas project, including construction of the Arkansas Valley Conduit, a pipeline extending from Pueblo Reservoir, Pueblo, Colorado to Lamar, Colorado;

(2)

the Arkansas Valley Conduit was never built, partly because of the inability of local communities to pay 100 percent of the costs of construction of the Arkansas Valley Conduit;

(3)

in furtherance of the goals and authorization of the Fryingpan-Arkansas project, it is necessary to provide separate authorization for the construction of the Arkansas Valley Conduit;

(4)

the construction of the Arkansas Valley Conduit is necessary for the continued viability of southeast Colorado; and

(5)

the Arkansas Valley Conduit would provide the communities of southeast Colorado with safe, clean, and affordable water.

(b)

Purposes

The purposes of this Act are—

(1)

to ensure a safe and adequate water supply for the beneficiaries identified in Public Law 87–590 (76 Stat. 389) and related authorizing documents and subsequent studies; and

(2)

to establish a cost-sharing requirement for the construction of the Arkansas Valley Conduit.

3.

Arkansas Valley Conduit, Colorado

(a)

In general

The Secretary of the Interior (referred to in this Act as the Secretary) shall plan, design, and construct a water delivery pipeline, and branch lines as needed, from a location in the vicinity (as determined by the Secretary) of Pueblo Reservoir, Pueblo, Colorado to a location in the vicinity (as determined by the Secretary) of Lamar, Colorado, to be known as the Arkansas Valley Conduit, without regard to the cost-ceiling for the Fryingpan Arkansas Project established under section 7 of Public Law 87–590 (76 Stat. 393).

(b)

Lead non-Federal entity

(1)

Designation

The Southeastern Colorado Water Conservancy District, or a designee of the Southeastern Colorado Water Conservancy District that is recognized under State law as an entity that has taxing authority, shall be the lead non-Federal entity for the Arkansas Valley Conduit.

(2)

Duties

The lead non-Federal entity shall—

(A)

act as the official agent of the Arkansas Valley Conduit;

(B)

pay—

(i)

the non-Federal share of any increased costs required under subsection (e)(2)(C); and

(ii)

the non-Federal share of construction costs under subsection (e)(2); and

(C)

pay costs relating to, and perform, the operations, maintenance, and replacement of the Arkansas Valley Conduit.

(c)

Cooperation

To the maximum extent practicable during the planning, design, and construction of the Arkansas Valley Conduit, the Secretary shall collaborate and cooperate with the United States Army Corps of Engineers, other Federal agencies, and non-Federal entities.

(d)

Cost estimate

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary, in cooperation with the lead non-Federal entity, shall prepare an estimate of the total costs of constructing the Arkansas Valley Conduit.

(2)

Actual costs

If the actual costs of construction exceed the estimated costs, the difference between the actual costs and the estimated costs shall be apportioned in accordance with subsection (e)(2)(C).

(3)

Agreement on estimate and design

The estimate prepared under paragraph (1), and the final design for the Arkansas Valley Conduit, shall be—

(A)

subject to the agreement of the Secretary and the lead non-Federal entity;

(B)

developed in cooperation with the lead non-Federal entity; and

(C)

consistent with commonly accepted engineering practices.

(e)

Cost-sharing requirement

(1)

Federal share

(A)

In general

The Federal share of the total costs of the planning, design, and construction of the Arkansas Valley Conduit shall be 80 percent.

(B)

Increased costs

The Federal share of any increased costs that are a result of fundamental design changes conducted at the request of any person other than the lead non-Federal entity shall be 100 percent.

(2)

Non-federal share

(A)

Non-federal share

The non-Federal share of the total costs of the planning, design, and construction of the Arkansas Valley Conduit shall be 20 percent.

(B)

Form

Up to 100 percent of the non-Federal share may be in the form of in-kind contributions or tasks that are identified in the cost estimate prepared under subsection (d)(1) as necessary for the planning, design, and construction of the Arkansas Valley Conduit.

(C)

Increased costs

(i)

Fundamental design changes

The lead non-Federal entity shall pay any increased costs that are a result of fundamental design changes conducted at the request of the lead non-Federal entity.

(ii)

Other causes

For any increased costs that are from causes (including increased supply and labor costs and unforseen field changes) other than fundamental design changes referred to in clause (i) and paragraph (1)(B)—

(I)

the Federal share shall be 80 percent; and

(II)

the non-Federal share shall be 20 percent.

(D)

Up-front payment

Not later than 180 days after the date of completion of the cost-estimate under subsection (d), the Secretary and the non-Federal entity may enter into an agreement under which—

(i)

the Secretary pays 100 percent of the non-Federal share on behalf of the non-Federal entity; and

(ii)

the non-Federal entity reimburses the Secretary for the funds paid by the Secretary in accordance with the terms of the agreement.

(E)

Timing

Except as provided in subparagraph (D), the non-Federal share shall be paid in accordance with a schedule established by the Secretary that—

(i)

takes into account the capability of the applicable non-Federal entities to pay; and

(ii)

provides for full payment of the non-Federal share by a date that is not later than 50 years after the date on which the Arkansas Valley Conduit is capable of delivering water.

(f)

Transfer on completion

On completion of the Arkansas Valley Conduit, as certified in an agreement between the Secretary and the lead non-Federal entity, the Secretary shall transfer ownership of the Arkansas Valley Conduit to the lead non-Federal entity.

(g)

Applicable law

Except as provided in this Act, Public Law 87–590 (76 Stat. 389) and related authorizing documents and subsequent studies shall apply to the planning, design, and construction of the Arkansas Valley Conduit.

(h)

Water rights

Nothing in this Act affects any State water law or interstate compact.

4.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated such sums as are necessary to carry out this Act.

(b)

Limitation

Amounts made available under subsection (a) shall not be used for the operation or maintenance of the Arkansas Valley Conduit.