article: 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.
summary: Madera Water Supply Enhancement Act - Finds that: (1) the Bureau of Reclamation and others have conducted numerous studies regarding the Madera Water Supply Enhancement Project, California; (2) the Project is feasible; and (3) the Bureau shall not conduct any further studies or reports related to determining its feasibility. Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits the federal share of Project capital costs to 25%. Considers: (1) capital, planning, design, permitting, financing, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share; and (2) in-kind services performed by the District to be part of the local share. Requires the District to receive credit toward the nonfederal share for reasonable costs incurred from participation in the planning, design, permitting, financing, and construction of the Project and for the fair market value 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. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.