[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3437 Placed on Calendar Senate (PCS)]
Calendar No. 1114
110th CONGRESS
2d Session
H. R. 3437
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22 (legislative day, September 17), 2008
Received
October 2 (legislative day, September 17), 2008
Read twice and placed on the calendar
_______________________________________________________________________
AN ACT
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
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.
Passed the House of Representatives September 17, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 1114
110th CONGRESS
2d Session
H. R. 3437
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to carry out the Jackson
Gulch rehabilitation project in the State of Colorado.
_______________________________________________________________________
October 2 (legislative day, September 17), 2008
Read twice and placed on the calendar