II 

Calendar No. 974 

110TH CONGRESS 

2D SESSION S. 1477 

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 

MAY 24, 2007 

Mr. SALAZAR (for himself and Mr. ALLARD) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 2007’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 means the engineering document that is— 

5 (A) entitled ‘‘Jackson Gulch Inlet Canal 

6 Project, Jackson Gulch Outlet Canal Project, 

7 Jackson Gulch Operations Facilities Project: 

8 Condition Assessment and Recommendations 

9 for Rehabilitation’’; 

10 (B) dated February 2004; and 

11 (C) on file with the Bureau of Reclama12 tion. 

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

14 Mancos Water Conservancy District established 

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

16 37–45–101 et seq.). 

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

18 Jackson Gulch rehabilitation project, a program for 

19 the rehabilitation of the Jackson Gulch Canal sys20 tem and other infrastructure in the State, as de21 scribed in the assessment. 

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

23 the Secretary of the Interior, acting through the 

24 Commissioner of Reclamation. 

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

26 of Colorado. 


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

3 (a) IN GENERAL.—The Secretary shall pay the Fed4 eral share of the total cost of carrying out the Project. 

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

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

7 to the maximum extent practicable, use existing studies, 

8 including engineering and resource information provided 

9 by, or at the direction of— 

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

11 (2) the District. 

12 (c) COST-SHARING REQUIREMENT.— 

13 (1) FEDERAL SHARE.—The Federal share of 

14 the total cost of carrying out the Project shall be 80 

15 percent. 

16 (2) NON-FEDERAL SHARE.—The non-Federal 

17 share of the total cost of carrying out the Project 

18 may be in the form of— 

19 (A) any in-kind, documented contribution 

20 of goods or services; or 

21 (B) any amounts paid by the District be22 fore, on, or after the date of enactment of this 

23 Act for engineering and improvement costs for 

24 the Jackson Gulch Conveyance Works. 

25 (d) PROHIBITION ON OPERATION AND MAINTE26 NANCE COSTS.—The District shall be responsible for the 


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1 operation and maintenance of any facility constructed or 

2 rehabilitated under this Act. 

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

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

5 or occurrence relating to a facility rehabilitated or con6 structed under this Act. 

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

8 under this Act shall not be considered a supplemental or 

9 additional benefit under— 

10 (1) the reclamation laws; or 

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

12 590y et seq.). 

13 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary to pay the 

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

16 $6,452,311. 

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘Jackson Gulch Rehabili19 tation Act of 2008’’. 

20 SEC. 2. DEFINITIONS. 

21 In this Act: 

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

23 means the engineering document that is— 

24 (A) entitled ‘‘Jackson Gulch Inlet Canal 

25 Project, Jackson Gulch Outlet Canal Project, 


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1 Jackson Gulch Operations Facilities Project: 

2 Condition Assessment and Recommendations for 

3 Rehabilitation’’; 

4 (B) dated February 2004; and 

5 (C) on file with the Bureau of Reclamation. 

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

7 Mancos Water Conservancy District established under 

8 the Water Conservancy Act (Colo. Rev. Stat. 37–45– 

9 101 et seq.). 

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

11 Jackson Gulch rehabilitation project, a program for 

12 the rehabilitation of the Jackson Gulch Canal system 

13 and other infrastructure in the State, as described in 

14 the assessment. 

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

16 the Secretary of the Interior, acting through the Com17 missioner of Reclamation. 

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

19 of Colorado. 

20 SEC. 3. AUTHORIZATION OF JACKSON GULCH REHABILITA21 TION PROJECT. 

22 (a) IN GENERAL.—Subject to the reimbursement re23 quirement described in subsection (c), the Secretary shall 

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

25 Project. 


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

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

3 the maximum extent practicable, use existing studies, in4 cluding engineering and resource information provided by, 

5 or at the direction of— 

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

7 (2) the District. 

8 (c) REIMBURSEMENT REQUIREMENT.— 

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

10 the District as reimbursable expenses the lesser of— 

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

12 cost of the Project; or 

13 (B) $2,900,000. 

14 (2) MANNER.—The Secretary shall recover reim15 bursable expenses under paragraph (1)— 

16 (A) in a manner agreed to by the Secretary 

17 and the District; 

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

19 (C) with no interest. 

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

21 of reimbursable expenses to be recovered from the Dis22 trict, the Secretary shall credit the District for any 

23 amounts it paid before the date of enactment of this 

24 Act for engineering work and improvements directly 

25 associated with the Project. 


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1 (d) PROHIBITION ON OPERATION AND MAINTENANCE

2 COSTS.—The District shall be responsible for the operation 

3 and maintenance of any facility constructed or rehabili4 tated under this Act. 

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

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

7 or occurrence relating to a facility rehabilitated or con8 structed under this Act. 

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

10 under this Act shall not be considered a supplemental or 

11 additional benefit under— 

12 (1) the reclamation laws; or 

13 (2) the Act of August 11, 1939 (16 U.S.C. 590y 

14 et seq.). 

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary to pay the 

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

18 $8,250,000. 


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Calendar No. 974 

110TH CONGRESS 

2D SESSION S. 1477 

A BILL 

To authorize the Secretary of the Interior to carry 

the State of Colorado. out the Jackson Gulch rehabilitation project in 

SEPTEMBER 16, 2008 

Reported with an amendment 


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