49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–368 

MADERA WATER SUPPLY AND GROUNDWATER 

ENHANCEMENT PROJECT ACT 

JANUARY 31, 2006.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3897] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 3897) 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 and Groundwater Enhancement 

Project, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Madera Water Supply and Groundwater Enhancement Project Act’’. 

SEC. 2. DEFINITIONS. 

(a) The term ‘‘District’’ means the Madera Water District, Madera, California. 

(b) The term ‘‘Project’’ means the ‘‘Madera Water Supply and Enhancement 

Project’’. 

(c) The term ‘‘Secretary’’ means the Secretary of the United States Department 

of the Interior. 

SEC. 3. STUDY AND REPORT. 

(a) STUDY.— Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts 

amendatory thereof and supplemental thereto, the Secretary, acting through the 

Commissioner of the Bureau of Reclamation, and in consultation and cooperation 

with the District, is authorized to conduct a study to determine the feasibility of 

constructing the Project. 

(b) REPORT.— 


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(1) TRANSMISSION.—Upon completion of the study authorized by subsection 

(a), the Secretary shall transmit to the Committee on Resources of the House 

of Representatives and the Committee on Energy and Natural Resources of the 

Senate a report containing the results of the study, together with recommendations regarding any recommendation to construct the project. 

(2) USE OF AVAILABLE MATERIALS.—In developing the report under this section, the Secretary shall make use of reports and any other relevant information 

supplied by the District. 

(3) DEADLINE.—No later than June 30, 2006, the Secretary shall complete the 

report and transmit the report to Congress pursuant to subsection (b)(2). 

(c) COST SHARE.—

(1) FEDERAL SHARE.—The Federal share of the costs of the feasibility study 

authorized by this section shall not exceed 50 percent of the total cost of the 

study. 

(2) IN-KIND CONTRIBUTION FOR NON-FEDERAL SHARE.—The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the District as the Secretary determines will contribute to the conduct 

and completion of the study. 

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 in the study and related environmental review, including, but 

not limited to: 

(1) preparation of an assessment of the need for the project; 

(2) preparation of feasibility and reconnaissance studies; 

(3) environmental review; 

(4) engineering and design; 

(5) construction; and 

(6) 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.—Upon submission of feasibility report described in section 3 and a statement by the Secretary that the project is feasible, 

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. Capital 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, 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 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 such sums as may be 

appropriated to carry out this section. 


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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. 

PURPOSE OF THE BILL

The purpose of H.R. 3897 is 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 and Groundwater 

Enhancement Project. 

BACKGROUND AND NEED FOR LEGISLATION

The Madera Water District is in the process of developing the 

Madera Water Supply and Groundwater Enhancement Project in 

an effort to help drought-proof Central California’s San Joaquin 

Valley. The District recently purchased a 13,648-acre ranch which 

would be used for the Project. Under this proposed project, pumping facilities would convey District water to the ranch, where the 

water would be allowed to percolate and form a ‘‘water bank’’ beneath the ranch. Banked water could be pumped and used locally 

when supply is low, providing a key regional water supply benefit. 

The Project would help the District in its efforts to conserve and 

more efficiently use its local and Central Valley Project water supplies. 

H.R. 3897 would authorize the Bureau of Reclamation to conduct 

a feasibility study of the proposed project. The agency is expected 

to rely on previously conducted engineering and environmental 

studies as it undertakes the study. If the Bureau of Reclamation 

finds the Project feasible (as defined under Bureau of Reclamation 

principles and guidelines), the bill authorizes the agency to participate in the Project’s construction. The federal cost share would be 

50 percent for the feasibility study and 25 percent for construction. 

COMMITTEE ACTION

H.R. 3897 was introduced on September 27, 2005, by Congressman George Radanovich (R–CA). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on Water and Power. On November 16, 2005, the Full 

Resources Committee met to consider the bill. The Subcommittee 

on Water and Power was discharged from further consideration of 

the bill by unanimous consent. Congressman George Radanovich 

offered an amendment to place a ten-year sunset on the bill’s authorization. The amendment was adopted by unanimous consent. 

No further amendments were offered and the bill, as amended, was 

ordered favorably reported to the House of Representatives by 

unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section cites the bill as the ‘‘Madera Water Supply and 

Groundwater Enhancement Project Act.’’

Section 2. Definitions 

This section defines various terms in the bill. 


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Section 3. Study and report 

This section authorizes the Secretary of the Interior to conduct 

a study determining the feasibility of constructing the Project and 

directs the Secretary to transmit the study results and recommendations to Congress by June 30, 2006. It stipulates that the 

federal share of the cost of the feasibility study shall not exceed 50 

percent of the total cost, and that in-kind services, including reports, studies and other relevant information provided by the District, may be accepted as part of the non-federal share. 

Section 4. Cooperative agreement 

This section directs the completion of a cooperative agreement 

between the Secretary and the Madera Water District that establishes responsibilities of the District for participating in the study 

and related environmental review. 

Section 5. Authorization for the Madera Water Supply and Enhancement Project 

This section authorizes the Secretary to enter into a cooperative 

agreement with the District for design and construction of the 

Project, once the feasibility report is completed and the Project is 

deemed feasible by the Secretary of the Interior. It authorizes 

‘‘such sums as may be appropriated’’ to construct the Project. The 

federal share of capital costs of the Project shall not exceed 25 percent of total costs. In-kind services, reasonable costs associated 

with planning, design and construction, and the cost of land acquired for the Project by the District will be considered part of the 

non-federal cost share. Capital costs incurred by the District prior 

to enactment of this legislation shall be considered as part of the 

non-federal cost share. Operation and maintenance of the Project 

will be the sole responsibility of the District. The section stipulates 

that nothing authorized in this section shall be construed to transfer title, responsibility or liability of the Project to the United 

States. 

Section 6. Sunset 

This section limits the federal authorization to ten years. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has inVerDate Aug 31 2005 05:20 Feb 01, 2006 Jkt 049008 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR368.XXX HR368

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cluded in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the general performance goal or objective of this bill, as ordered reported, is 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 and Groundwater Enhancement 

Project. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 3897—Madera Water Supply and Groundwater Enhancement 

Project Act 

Summary: H.R. 3897 would authorize the Bureau of Reclamation 

to participate in the study, design, and construction of an underground water storage facility in cooperation with the Madera Irrigation District in California. The Federal share of the cost of the 

feasibility study could not exceed 50 percent; and the Federal share 

of potential costs for the facility could not exceed 25 percent. 

Assuming appropriation of the necessary funds, CBO estimates that implementing H.R. 3897 would cost $12 million over the 2006– 2010 period. Enacting this bill would not affect direct spending or 

revenues. 

H.R. 3897 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on State, local, or tribal governments. 

The bill would authorize the design and construction of water 

projects that would benefit the Madera Irrigation District. Any 

costs that the district might incur, including matching funds, would 

result from complying with conditions for receiving Federal assistance. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 3897 is shown in the following table. The costs 

of this legislation fall within budget function 3000 (natural resources and environment). 

By fiscal year, in millions of dollars— 

2006 2007 2008 2009 2010 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ................................................................................ 1 4 3 3 1 

Estimated Outlays ................................................................................................... 1 3 3 3 2 

Basis of estimate: For this estimate, CBO assumes that H.R. 

3897 will be enacted near the start of calendar year 2006 and that 


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the necessary amounts will be appropriated over the 2006–2010 period. Based on historical spending patterns of similar projects, CBO 

estimates that implementing this bill would cost $12 million over 

that period. 

H.R. 3897 would authorize the Bureau of Reclamation to construct a water recharge and recovery system for the Madera Irrigation District in central California’s San Joaquin Valley. The legislation would limit the Federal cost shares to 50 percent of the total 

costs of the study and 25 percent of the project’s total cost. According to the Bureau of Reclamation, the total cost of the study and 

project would be about $41 million with a total Federal cost of 

about $12 million. Based on information from the bureau, CBO expects that it would take approximately 5 years to complete the 

project. (The feasibility study would likely be completed over the 

next 2 years, with construction beginning in 2007 or 2008, assuming that the study results in a decision to proceed.) For this estimate, CBO assumes that funds will be appropriated in installments over the next 5 years to complete the project. 

Intergovernmental and private-sector impact: H.R. 3897 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on State, local, or tribal governments. The bill would authorize the design and construction of 

water projects that would benefit the Madera Irrigation District. 

Any costs the district might incur, including matching funds, would 

result from complying with conditions for receiving Federal assistance. 

Estimate prepared by: Federal Costs: Matthew Pickford; Impact 

on State, Local, and Tribal Governments: Lisa Ramirez-Branum; 

Impact on the Private Sector: Craig Cammarata. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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