210 
(b) Subsection (a)(5) shall not apply to any transfer 
of funds within the Facilities Operation, Maintenance, and 
Rehabilitation category. 
(c) For purposes of this section, the term ‘‘transfer’’ 
means any movement of funds into or out of a program, 
project, or activity. 
(d) The Bureau of Reclamation shall submit reports 
on a quarterly basis to the Committees on Appropriations 
of the House of Representatives and the Senate detailing 
all the funds reprogrammed between programs, projects, 
activities, or categories of funding. The first quarterly re-
port shall be submitted not later than 60 days after the 
date of enactment of this Act. 
SEC. 202. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine the final point of discharge for the interceptor drain 
for the San Luis Unit until development by the Secretary 
of the Interior and the State of California of a plan, which 
shall conform to the water quality standards of the State 
of California as approved by the Administrator of the En-
vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup 
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the 
VerDate Nov 24 2008 
04:08 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
211 
Interior as reimbursable or nonreimbursable and collected 
until fully repaid pursuant to the ‘‘Cleanup Program-Al-
ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 
Repayment Plan’’ described in the report entitled ‘‘Repay-
ment Report, Kesterson Reservoir Cleanup Program and 
San Joaquin Valley Drainage Program, February 1995’’, 
prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the 
United States relating to, or providing for, drainage serv-
ice or drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such serv-
ice or studies pursuant to Federal reclamation law. 
SEC. 203. None of the funds appropriated or other-
wise made available by this or any other Act may be used 
to pay the salaries and expenses of personnel to purchase 
or lease water in the Middle Rio Grande or the Carlsbad 
Projects in New Mexico unless said purchase or lease is 
in compliance with the purchase requirements of section 
202 of Public Law 106–60. 
SEC. 204. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for 
leasing of water for specified drought related purposes 
from willing lessors, in compliance with existing State laws 
and administered under State water priority allocation. 
VerDate Nov 24 2008 
04:08 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
212 
SEC. 205. The Secretary of the Interior, acting 
through the Commissioner of the Bureau of Reclamation, 
is authorized to enter into grants, cooperative agreements, 
and other agreements with irrigation or water districts 
and States to fund up to 50 percent of the cost of plan-
ning, designing, and constructing improvements that will 
conserve water, increase water use efficiency, or enhance 
water management through measurement or automation, 
at existing water supply projects within the States identi-
fied in the Act of June 17, 1902, as amended, and supple-
mented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in 
advance on a nonreimbursable basis to an entity operating 
affected transferred works or may be deemed nonreim-
bursable for nontransferred works: Provided further, That 
the calculation of the non-Federal contribution shall pro-
vide for consideration of the value of any in-kind contribu-
tions, but shall not include funds received from other Fed-
eral agencies: Provided further, That the cost of operating 
and maintaining such improvements shall be the responsi-
bility of the non-Federal entity: Provided further, That 
this section shall not supercede any existing project-spe-
cific funding authority: Provided further, That the Sec-
retary is also authorized to enter into grants or coopera-
VerDate Nov 24 2008 
04:08 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
213 
tive agreements with universities or nonprofit research in-
stitutions to fund water use efficiency research. 
SEC. 206. (a) Section 209 of the Energy and Water 
Development Appropriations Act, 2004 (Public Law 108– 
137; 117 Stat. 1850) is repealed. 
(b) The Secretary of the Interior (referred to in this 
section as the ‘‘Secretary’’) shall establish and maintain 
an Executive Committee of the Middle Rio Grande Endan-
gered Species Collaborative Program (referred to in this 
section as the ‘‘Executive Committee’’) consistent with the 
bylaws of the Middle Rio Grande Endangered Species Col-
laborative Program adopted on October 2, 2006. 
(c) Hereafter, in compliance with applicable Federal 
and State laws, the Secretary (acting through the Com-
missioner of Reclamation), in collaboration with the Exec-
utive Committee, may enter into any grants, contracts, co-
operative agreements, interagency agreements, or other 
agreements that the Secretary determines to be necessary 
to comply with the 2003 Biological Opinion described in 
section 205(b) of the Energy and Water Development Ap-
propriations Act, 2005 (Public Law 108–447; 118 Stat. 
2949) as amended by section 121(b) of the Energy and 
Water Development Appropriations Act, 2006 (Public 
Law 109–103; 119 Stat. 2256) or any related subsequent 
VerDate Nov 24 2008 
04:08 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS