II 

111TH CONGRESS 

1ST SESSION S. 184 

To authorize the Secretary of the Interior to carry out the Jackson Gulch 

rehabilitation project in the State of Colorado. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2009 

Mr. SALAZAR (for himself and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To authorize the Secretary of the Interior to carry out the 

Jackson Gulch rehabilitation project in the State of Colorado. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jackson Gulch Reha5 bilitation Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ASSESSMENT.—The term ‘‘assessment’’ 

9 means the engineering document that is— 


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1 (A) entitled ‘‘Jackson Gulch Inlet Canal 

2 Project, Jackson Gulch Outlet Canal Project, 

3 Jackson Gulch Operations Facilities Project: 

4 Condition Assessment and Recommendations 

5 for Rehabilitation’’; 

6 (B) dated February 2004; and 

7 (C) on file with the Bureau of Reclama8 tion. 

9 (2) DISTRICT.—The term ‘‘District’’ means the 

10 Mancos Water Conservancy District established 

11 under the Water Conservancy Act (Colo. Rev. Stat. 

12 37–45–101 et seq.). 

13 (3) PROJECT.—The term ‘‘Project’’ means the 

14 Jackson Gulch rehabilitation project, a program for 

15 the rehabilitation of the Jackson Gulch Canal sys16 tem and other infrastructure in the State, as de17 scribed in the assessment. 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior, acting through the 

20 Commissioner of Reclamation. 

21 (5) STATE.—The term ‘‘State’’ means the State 

22 of Colorado. 


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1 SEC. 3. AUTHORIZATION OF JACKSON GULCH REHABILITA2 TION PROJECT. 

3 (a) IN GENERAL.—Subject to the reimbursement re4 quirement described in subsection (c), the Secretary shall 

5 pay the Federal share of the total cost of carrying out 

6 the Project. 

7 (b) USE OF EXISTING INFORMATION.—In preparing 

8 any studies relating to the Project, the Secretary shall, 

9 to the maximum extent practicable, use existing studies, 

10 including engineering and resource information provided 

11 by, or at the direction of— 

12 (1) Federal, State, or local agencies; and 

13 (2) the District. 

14 (c) REIMBURSEMENT REQUIREMENT.— 

15 (1) AMOUNT.—The Secretary shall recover from 

16 the District as reimbursable expenses the lesser of— 

17 (A) the amount equal to 35 percent of the 

18 cost of the Project; or 

19 (B) $2,900,000. 

20 (2) MANNER.—The Secretary shall recover re21 imbursable expenses under paragraph (1)— 

22 (A) in a manner agreed to by the Sec23 retary and the District; 

24 (B) over a period of 15 years; and 

25 (C) with no interest. 


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1 (3) CREDIT.—In determining the exact amount 

2 of reimbursable expenses to be recovered from the 

3 District, the Secretary shall credit the District for 

4 any amounts it paid before the date of enactment of 

5 this Act for engineering work and improvements di6 rectly associated with the Project. 

7 (d) PROHIBITION ON OPERATION AND MAINTE8 NANCE COSTS.—The District shall be responsible for the 

9 operation and maintenance of any facility constructed or 

10 rehabilitated under this Act. 

11 (e) LIABILITY.—The United States shall not be liable 

12 for damages of any kind arising out of any act, omission, 

13 or occurrence relating to a facility rehabilitated or con14 structed under this Act. 

15 (f) EFFECT.—An activity provided Federal funding 

16 under this Act shall not be considered a supplemental or 

17 additional benefit under— 

18 (1) the reclamation laws; or 

19 (2) the Act of August 11, 1939 (16 U.S.C. 

20 590y et seq.). 

21 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Secretary to pay the 

23 Federal share of the total cost of carrying out the Project 

24 $8,250,000. 

Æ 


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