II 
Calendar No. 816 
110TH CONGRESS 
2D SESSION 
H. R. 1855 
[Report No. 110–384] 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 23, 2007 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
JUNE 16, 2008 
Reported by Mr. BINGAMAN, without amendment 
AN ACT 
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 pur-
poses of supporting the Madera Water Supply Enhance-
ment Project. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Madera Water Supply 
Enhancement Act’’. 
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SEC. 2. DEFINITIONS. 
For the purposes of this Act: 
(1) DISTRICT.—The term ‘‘District’’ means the 
Madera Irrigation District, Madera, California. 
(2) PROJECT.—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 sys-
tems able to store up to 250,000 acre-feet of water 
and recover up to 55,000 acre-feet of water per year, 
as substantially described in the California Environ-
mental Quality Act, Final Environmental Impact 
Report for the Madera Irrigation District Water 
Supply Enhancement Project, September 2005. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the United States Department of 
the Interior. 
(4) TOTAL COST.—The term ‘‘total cost’’ means 
all reasonable costs, such as the planning, design, 
permitting, and construction of the Project and the 
acquisition costs of lands used or acquired by the 
District for the Project. 
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SEC. 3. PROJECT FEASIBILITY. 
(a) PROJECT FEASIBLE.—Pursuant to the Reclama-
tion Act of 1902 (32 Stat. 388) and Acts amendatory 
thereof and supplemental thereto, the Project is feasible 
and no further studies or actions regarding feasibility are 
necessary. 
(b) APPLICABILITY
OF OTHER LAWS.—The Sec-
retary shall implement the authority provided in this Act 
in accordance with all applicable Federal laws, including 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and the Endangered Species Act of 1973 
(7 U.S.C. 136; 16 U.S.C. 460 et seq.). 
SEC. 4. COOPERATIVE AGREEMENT. 
All final planning and design and the construction of 
the Project authorized by this Act shall be undertaken in 
accordance with a cooperative agreement between the Sec-
retary 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 Dis-
trict for participating, which shall include— 
(1) engineering and design; 
(2) construction; and 
(3) the administration of contracts pertaining 
to any of the foregoing. 
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SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY 
AND ENHANCEMENT PROJECT. 
(a) AUTHORIZATION OF CONSTRUCTION.—The Sec-
retary, acting pursuant to the Federal reclamation laws 
(Act of June 17, 1902; 32 Stat. 388), and Acts amend-
atory thereof or supplementary thereto, is authorized to 
enter into a cooperative agreement through the Bureau 
of Reclamation with the District for the support of the 
final design and construction of the Project. 
(b) TOTAL COST.—The total cost of the Project for 
the purposes of determining the Federal cost share shall 
not exceed $90,000,000. 
(c) COST SHARE.—The Federal share of the capital 
costs of the Project shall not exceed 25 percent of the total 
cost. Capital, planning, design, permitting, 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. 
(d) CREDIT FOR NON-FEDERAL WORK.—The Dis-
trict shall receive credit toward the non-Federal share of 
the cost of the Project for— 
(1) in-kind services that the Secretary deter-
mines would contribute substantially toward the 
completion of the project; 
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(2) reasonable costs incurred by the District as 
a result of participation in the planning, design, per-
mitting, and construction of the Project; and 
(3) the acquisition costs of lands used or ac-
quired by the District for the Project. 
(e) LIMITATION.—The Secretary shall not provide 
funds for the operation or maintenance of the Project au-
thorized 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 FED-
ERAL LAW.—Before obligating funds for design or con-
struction under this section, the Secretary shall work co-
operatively with the District to use, to the extent possible, 
plans, designs, and engineering and environmental anal-
yses that have already been prepared by the District for 
the Project. The Secretary shall ensure that such informa-
tion 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 liabil-
ity related to the Project to the United States. 
(h) AUTHORIZATION OF APPROPRIATION.—There is 
authorized to be appropriated to the Secretary to carry 
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