H. R. 146—295 
(vi) the Secretary has received adequate assur-
ances from the appropriate State, tribal, and local offi-
cials whose support is needed to ensure the effective 
implementation of the State, tribal, and local elements 
of the management plan; and 
(vii) the management plan demonstrates partner-
ships among the local coordinating entity, Federal 
Government, State, tribal, and local governments, 
regional planning organizations, nonprofit organiza-
tions, or private sector parties for implementation of 
the management plan. 
(D) DISAPPROVAL.— 
(i) IN GENERAL.—If the Secretary disapproves the 
management plan, the Secretary— 
(I) shall advise the local coordinating entity 
in writing of the reasons for the disapproval; and 
(II) may make recommendations to the local 
coordinating entity for revisions to the manage-
ment plan. 
(ii) DEADLINE.—Not later than 180 days after 
receiving a revised management plan, the Secretary 
shall approve or disapprove the revised management 
plan. 
(E) AMENDMENTS.— 
(i) IN GENERAL.—An amendment to the manage-
ment plan that substantially alters the purposes of 
the Heritage Area shall be reviewed by the Secretary 
and approved or disapproved in the same manner as 
the original management plan. 
(ii) 
IMPLEMENTATION.—The 
local 
coordinating 
entity shall not use Federal funds authorized by this 
section to implement an amendment to the manage-
ment plan until the Secretary approves the amend-
ment. 
(F) AUTHORITIES.—The Secretary may— 
(i) provide technical assistance under the authority 
of this section for the development and implementation 
of the management plan; and 
(ii) 
enter 
into 
cooperative 
agreements 
with 
interested parties to carry out this section. 
(d) EVALUATION; REPORT.— 
(1) IN GENERAL.—Not later than 3 years before the date 
on which authority for Federal funding terminates for the Herit-
age Area under this section, the Secretary shall— 
(A) conduct an evaluation of the accomplishments of 
the Heritage Area; and 
(B) prepare a report in accordance with paragraph 
(3). 
(2) EVALUATION.—An evaluation conducted under para-
graph (1)(A) shall— 
(A) assess the progress of the local coordinating entity 
with respect to— 
(i) accomplishing the purposes of the authorizing 
legislation for the Heritage Area; and 
(ii) achieving the goals and objectives of the 
approved management plan for the Heritage Area;
H. R. 146—296 
(B) analyze the Federal, State, tribal, local, and private 
investments in the Heritage Area to determine the impact 
of the investments; and 
(C) review the management structure, partnership 
relationships, and funding of the Heritage Area for pur-
poses of identifying the critical components for sustain-
ability of the Heritage Area. 
(3) REPORT.—Based on the evaluation conducted under 
paragraph (1)(A), the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and the Com-
mittee on Natural Resources of the House of Representatives 
a report that includes recommendations for the future role 
of the National Park Service, if any, with respect to the Herit-
age Area. 
(e) LOCAL COORDINATING ENTITY.— 
(1) DUTIES.—To further the purposes of the Heritage Area, 
in addition to developing the management plan for the Heritage 
Area under subsection (c), the local coordinating entity shall— 
(A) serve to facilitate and expedite the implementation 
of projects and programs among diverse partners in the 
Heritage Area; 
(B) submit an annual report to the Secretary for each 
fiscal year for which the local coordinating entity receives 
Federal funds under this section, specifying— 
(i) the specific performance goals and accomplish-
ments of the local coordinating entity; 
(ii) the expenses and income of the local coordi-
nating entity; 
(iii) the amounts and sources of matching funds; 
(iv) the amounts leveraged with Federal funds and 
sources of the leveraging; and 
(v) grants made to any other entities during the 
fiscal year; 
(C) make available for audit for each fiscal year for 
which the local coordinating entity receives Federal funds 
under this section, all information pertaining to the 
expenditure of the funds and any matching funds; and 
(D) encourage economic viability and sustainability 
that is consistent with the purposes of the Heritage Area. 
(2) AUTHORITIES.—For the purpose of preparing and imple-
menting the approved management plan for the Heritage Area 
under subsection (c), the local coordinating entity may use 
Federal funds made available under this section— 
(A) to make grants to political jurisdictions, nonprofit 
organizations, and other parties within the Heritage Area; 
(B) to enter into cooperative agreements with or pro-
vide technical assistance to political jurisdictions, nonprofit 
organizations, Federal agencies, and other interested par-
ties; 
(C) to hire and compensate staff, including individuals 
with expertise in— 
(i) natural, historical, cultural, educational, scenic, 
and recreational resource conservation; 
(ii) economic and community development; and 
(iii) heritage planning; 
(D) to obtain funds or services from any source, 
including other Federal programs;
H. R. 146—297 
(E) to enter into contracts for goods or services; and 
(F) to support activities of partners and any other 
activities that further the purposes of the Heritage Area 
and are consistent with the approved management plan. 
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 
local coordinating entity may not use Federal funds authorized 
under this section to acquire any interest in real property. 
(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
(1) IN
GENERAL.—Nothing in this section affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other provision of law. 
(2) CONSULTATION AND COORDINATION.—The head of any 
Federal agency planning to conduct activities that may have 
an impact on a Heritage Area is encouraged to consult and 
coordinate the activities with the Secretary and the local coordi-
nating entity, to the maximum extent practicable. 
(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 
(A) modifies, alters, or amends any law (including a 
regulation) authorizing a Federal agency to manage Federal 
land under the jurisdiction of the Federal agency; 
(B) limits the discretion of a Federal land manager 
to implement an approved land use plan within the bound-
aries of a Heritage Area; or 
(C) modifies, alters, or amends any authorized use 
of Federal land under the jurisdiction of a Federal agency. 
(g) PRIVATE
PROPERTY
AND
REGULATORY
PROTECTIONS.— 
Nothing in this section— 
(1) abridges the rights of any property owner (whether 
public or private), including the right to refrain from partici-
pating in any plan, project, program, or activity conducted 
within the Heritage Area; 
(2) requires any property owner to permit public access 
(including access by Federal, State, tribal, or local agencies) 
to the property of the property owner, or to modify public 
access or use of property of the property owner under any 
other Federal, State, tribal, or local law; 
(3) alters any duly adopted land use regulation, approved 
land use plan, or other regulatory authority (such as the 
authority to make safety improvements or increase the capacity 
of existing roads or to construct new roads) of any Federal, 
State, tribal, or local agency, or conveys any land use or other 
regulatory authority to any local coordinating entity, including 
development and management of energy or water or water- 
related infrastructure; 
(4) authorizes or implies the reservation or appropriation 
of water or water rights; 
(5) diminishes the authority of any State to manage fish 
and wildlife, including the regulation of fishing and hunting 
within the Heritage Area; or 
(6) creates any liability, or affects any liability under any 
other law, of any private property owner with respect to any 
person injured on the private property. 
(h) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—Subject to para-
graph (2), there is authorized to be appropriated to carry out 
this section $1,000,000 for each fiscal year, to remain available 
until expended.
H. R. 146—298 
(2) LIMITATION
ON
TOTAL
AMOUNTS
APPROPRIATED.—Not 
more than a total of $10,000,000 may be made available to 
carry out this section. 
(3) COST-SHARING.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity carried out under this section shall not 
exceed 50 percent. 
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share of the cost of any activity carried out under this 
section may be provided in the form of in-kind contributions 
of goods or services fairly valued. 
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 
to provide financial assistance under this section terminates on 
the date that is 15 years after the date of enactment of this 
Act. 
Subtitle B—Studies 
SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA. 
(a) DEFINITIONS.—In this section: 
(1) CORRIDOR.—The term ‘‘Corridor’’ means the Chattahoo-
chee Trace National Heritage Corridor. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) STUDY AREA.—The term ‘‘study area’’ means the study 
area described in subsection (b)(2). 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary, in consultation with State 
historic preservation officers, State historical societies, State 
tourism offices, and other appropriate organizations or agencies, 
shall conduct a study to assess the suitability and feasibility 
of designating the study area as the Chattahoochee Trace 
National Heritage Corridor. 
(2) STUDY AREA.—The study area includes— 
(A) the portion of the Apalachicola-Chattahoochee-Flint 
River Basin and surrounding areas, as generally depicted 
on the map entitled ‘‘Chattahoochee Trace National Herit-
age Corridor, Alabama/Georgia’’, numbered T05/80000, and 
dated July 2007; and 
(B) any other areas in the State of Alabama or Georgia 
that— 
(i) have heritage aspects that are similar to the 
areas depicted on the map described in subparagraph 
(A); and 
(ii) are adjacent to, or in the vicinity of, those 
areas. 
(3) REQUIREMENTS.—The study shall include analysis, docu-
mentation, and determinations on whether the study area— 
(A) has an assemblage of natural, historic, and cultural 
resources that— 
(i) represent distinctive aspects of the heritage of 
the United States; 
(ii) are worthy of recognition, conservation, 
interpretation, and continuing use; and 
(iii) would be best managed—
H. R. 146—299 
(I) through partnerships among public and pri-
vate entities; and 
(II) by linking diverse and sometimes non-
contiguous resources and active communities; 
(B) reflects traditions, customs, beliefs, and folklife 
that are a valuable part of the story of the United States; 
(C) provides— 
(i) outstanding opportunities to conserve natural, 
historic, cultural, or scenic features; and 
(ii) outstanding recreational and educational 
opportunities; 
(D) contains resources that— 
(i) are important to any identified themes of the 
study area; and 
(ii) retain a degree of integrity capable of sup-
porting interpretation; 
(E) includes residents, business interests, nonprofit 
organizations, and State and local governments that— 
(i) are involved in the planning of the Corridor; 
(ii) have developed a conceptual financial plan that 
outlines the roles of all participants in the Corridor, 
including the Federal Government; and 
(iii) have demonstrated support for the designation 
of the Corridor; 
(F) has a potential management entity to work in 
partnership with the individuals and entities described 
in subparagraph (E) to develop the Corridor while encour-
aging State and local economic activity; and 
(G) has a conceptual boundary map that is supported 
by the public. 
(c) REPORT.—Not later than the 3rd fiscal year after the date 
on which funds are first made available to carry out this section, 
the Secretary shall submit to the Committee on Natural Resources 
of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report that describes— 
(1) the findings of the study; and 
(2) any conclusions and recommendations of the Secretary. 
SEC. 8102. NORTHERN NECK, VIRGINIA. 
(a) DEFINITIONS.—In this section: 
(1) PROPOSED HERITAGE AREA.—The term ‘‘proposed Herit-
age Area’’ means the proposed Northern Neck National Herit-
age Area. 
(2) STATE.—The term ‘‘State’’ means the State of Virginia. 
(3) STUDY AREA.—The term ‘‘study area’’ means the area 
that is comprised of— 
(A) the area of land located between the Potomac and 
Rappahannock rivers of the eastern coastal region of the 
State; 
(B) Westmoreland, Northumberland, Richmond, King 
George, and Lancaster Counties of the State; and 
(C) any other area that— 
(i) has heritage aspects that are similar to the 
heritage aspects of the areas described in subparagraph 
(A) or (B); and 
(ii) is located adjacent to, or in the vicinity of, 
those areas.
H. R. 146—300 
(b) STUDY.— 
(1) IN GENERAL.—In accordance with paragraphs (2) and 
(3), the Secretary, in consultation with appropriate State his-
toric preservation officers, State historical societies, and other 
appropriate organizations, shall conduct a study to determine 
the suitability and feasibility of designating the study area 
as the Northern Neck National Heritage Area. 
(2) REQUIREMENTS.—The study shall include analysis, docu-
mentation, and determinations on whether the study area— 
(A) has an assemblage of natural, historical, cultural, 
educational, scenic, or recreational resources that together 
are nationally important to the heritage of the United 
States; 
(B) represents distinctive aspects of the heritage of 
the United States worthy of recognition, conservation, 
interpretation, and continuing use; 
(C) is best managed as such an assemblage through 
partnerships among public and private entities at the local 
or regional level; 
(D) reflects traditions, customs, beliefs, and folklife 
that are a valuable part of the heritage of the United 
States; 
(E) provides outstanding opportunities to conserve nat-
ural, historical, cultural, or scenic features; 
(F) provides outstanding recreational or educational 
opportunities; 
(G) contains resources and has traditional uses that 
have national importance; 
(H) includes residents, business interests, nonprofit 
organizations, and appropriate Federal agencies and State 
and local governments that are involved in the planning 
of, and have demonstrated significant support for, the des-
ignation and management of the proposed Heritage Area; 
(I) has a proposed local coordinating entity that is 
responsible for preparing and implementing the manage-
ment plan developed for the proposed Heritage Area; 
(J) with respect to the designation of the study area, 
has the support of the proposed local coordinating entity 
and appropriate Federal agencies and State and local 
governments, each of which has documented the commit-
ment of the entity to work in partnership with each other 
entity to protect, enhance, interpret, fund, manage, and 
develop the resources located in the study area; 
(K) through the proposed local coordinating entity, has 
developed a conceptual financial plan that outlines the 
roles of all participants (including the Federal Government) 
in the management of the proposed Heritage Area; 
(L) has a proposal that is consistent with continued 
economic activity within the area; and 
(M) has a conceptual boundary map that is supported 
by the public and appropriate Federal agencies. 
(3) ADDITIONAL
CONSULTATION
REQUIREMENT.—In con-
ducting the study under paragraph (1), the Secretary shall— 
(A) consult with the managers of any Federal land 
located within the study area; and
H. R. 146—301 
(B) before making any determination with respect to 
the designation of the study area, secure the concurrence 
of each manager with respect to each finding of the study. 
(c) DETERMINATION.— 
(1) IN GENERAL.—The Secretary, in consultation with the 
Governor of the State, shall review, comment on, and determine 
if the study area meets each requirement described in sub-
section (b)(2) for designation as a national heritage area. 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 3 fiscal years after 
the date on which funds are first made available to carry 
out the study, the Secretary shall submit a report 
describing the findings, conclusions, and recommendations 
of the study to— 
(i) the Committee on Energy and Natural 
Resources of the Senate; and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(B) REQUIREMENTS.— 
(i) IN GENERAL.—The report shall contain— 
(I) any comments that the Secretary has 
received from the Governor of the State relating 
to the designation of the study area as a national 
heritage area; and 
(II) a finding as to whether the study area 
meets each requirement described in subsection 
(b)(2) for designation as a national heritage area. 
(ii) DISAPPROVAL.—If the Secretary determines 
that the study area does not meet any requirement 
described in subsection (b)(2) for designation as a 
national heritage area, the Secretary shall include in 
the report a description of each reason for the deter-
mination. 
Subtitle C—Amendments Relating to 
National Heritage Corridors 
SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL 
HERITAGE CORRIDOR. 
(a) TERMINATION
OF
AUTHORITY.—Section 106(b) of the 
Quinebaug and Shetucket Rivers Valley National Heritage Corridor 
Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended 
by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 
2015’’. 
(b) EVALUATION; REPORT.—Section 106 of the Quinebaug and 
Shetucket Rivers Valley National Heritage Corridor Act of 1994 
(16 U.S.C. 461 note; Public Law 103–449) is amended by adding 
at the end the following: 
‘‘(c) EVALUATION; REPORT.— 
‘‘(1) IN GENERAL.—Not later than 3 years before the date 
on which authority for Federal funding terminates for the Cor-
ridor, the Secretary shall— 
‘‘(A) conduct an evaluation of the accomplishments of 
the Corridor; and 
‘‘(B) prepare a report in accordance with paragraph 
(3).
H. R. 146—302 
‘‘(2) EVALUATION.—An evaluation conducted under para-
graph (1)(A) shall— 
‘‘(A) assess the progress of the management entity 
with respect to— 
‘‘(i) accomplishing the purposes of this title for 
the Corridor; and 
‘‘(ii) achieving the goals and objectives of the 
management plan for the Corridor; 
‘‘(B) analyze the Federal, State, local, and private 
investments in the Corridor to determine the leverage and 
impact of the investments; and 
‘‘(C) review the management structure, partnership 
relationships, and funding of the Corridor for purposes 
of identifying the critical components for sustainability of 
the Corridor. 
‘‘(3) REPORT.— 
‘‘(A) IN GENERAL.—Based on the evaluation conducted 
under paragraph (1)(A), the Secretary shall prepare a 
report that includes recommendations for the future role 
of the National Park Service, if any, with respect to the 
Corridor. 
‘‘(B) REQUIRED ANALYSIS.—If the report prepared under 
subparagraph (A) recommends that Federal funding for 
the Corridor be reauthorized, the report shall include an 
analysis of— 
‘‘(i) ways in which Federal funding for the Corridor 
may be reduced or eliminated; and 
‘‘(ii) the appropriate time period necessary to 
achieve the recommended reduction or elimination. 
‘‘(C) SUBMISSION TO CONGRESS.—On completion of the 
report, the Secretary shall submit the report to— 
‘‘(i) the Committee on Energy and Natural 
Resources of the Senate; and 
‘‘(ii) the Committee on Natural Resources of the 
House of Representatives.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 109(a) of the 
Quinebaug and Shetucket Rivers Valley National Heritage Corridor 
Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended 
by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 
SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR. 
The Delaware and Lehigh National Heritage Corridor Act of 
1988 (16 U.S.C. 461 note; Public Law 100–692) is amended— 
(1) in section 9— 
(A) by striking ‘‘The Commission’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—The Commission’’; and 
(B) by adding at the end the following: 
‘‘(b) CORPORATION AS LOCAL COORDINATING ENTITY.—Beginning 
on the date of enactment of the Omnibus Public Land Management 
Act of 2009, the Corporation shall be the local coordinating entity 
for the Corridor. 
‘‘(c) IMPLEMENTATION OF MANAGEMENT PLAN.—The Corporation 
shall assume the duties of the Commission for the implementation 
of the Plan. 
‘‘(d) USE OF FUNDS.—The Corporation may use Federal funds 
made available under this Act—
H. R. 146—303 
‘‘(1) to make grants to, and enter into cooperative agree-
ments with, the Federal Government, the Commonwealth, polit-
ical subdivisions of the Commonwealth, nonprofit organizations, 
and individuals; 
‘‘(2) to hire, train, and compensate staff; and 
‘‘(3) to enter into contracts for goods and services. 
‘‘(e) RESTRICTION ON USE OF FUNDS.—The Corporation may 
not use Federal funds made available under this Act to acquire 
land or an interest in land.’’; 
(2) in section 10— 
(A) in the first sentence of subsection (c), by striking 
‘‘shall assist the Commission’’ and inserting ‘‘shall, on the 
request of the Corporation, assist’’; 
(B) in subsection (d)— 
(i) by striking ‘‘Commission’’ each place it appears 
and inserting ‘‘Corporation’’; 
(ii) by striking ‘‘The Secretary’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(iii) by adding at the end the following: 
‘‘(2) COOPERATIVE AGREEMENTS.—The Secretary may enter 
into cooperative agreements with the Corporation and other 
public or private entities for the purpose of providing technical 
assistance and grants under paragraph (1). 
‘‘(3) PRIORITY.—In providing assistance to the Corporation 
under paragraph (1), the Secretary shall give priority to activi-
ties that assist in— 
‘‘(A) conserving the significant natural, historic, cul-
tural, and scenic resources of the Corridor; and 
‘‘(B) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes of the 
Corridor.’’; and 
(C) by adding at the end the following: 
‘‘(e) TRANSITION MEMORANDUM OF UNDERSTANDING.—The Sec-
retary shall enter into a memorandum of understanding with the 
Corporation to ensure— 
‘‘(1) appropriate transition of management of the Corridor 
from the Commission to the Corporation; and 
‘‘(2) coordination regarding the implementation of the 
Plan.’’; 
(3) in section 11, in the matter preceding paragraph (1), 
by striking ‘‘directly affecting’’; 
(4) in section 12— 
(A) in subsection (a), by striking ‘‘Commission’’ each 
place it appears and inserting ‘‘Corporation’’; 
(B) in subsection (c)(1), by striking ‘‘2007’’ and inserting 
‘‘2012’’; and 
(C) by adding at the end the following: 
‘‘(d) TERMINATION OF ASSISTANCE.—The authority of the Sec-
retary to provide financial assistance under this Act terminates 
on the date that is 5 years after the date of enactment of this 
subsection.’’; and 
(5) in section 14— 
(A) by redesignating paragraphs (4), (5), and (6) as 
paragraphs (5), (6), and (7), respectively; and 
(B) by inserting after paragraph (3) the following:
H. R. 146—304 
‘‘(4) the term ‘Corporation’ means the Delaware & Lehigh 
National Heritage Corridor, Incorporated, an organization 
described in section 501(c)(3), and exempt from Federal tax 
under section 501(a), of the Internal Revenue Code of 1986;’’. 
SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR. 
The Erie Canalway National Heritage Corridor Act (16 U.S.C. 
461 note; Public Law 106–554) is amended— 
(1) in section 804— 
(A) in subsection (b)— 
(i) in the matter preceding paragraph (1), by 
striking ‘‘27’’ and inserting ‘‘at least 21 members, but 
not more than 27’’; 
(ii) in paragraph (2), by striking ‘‘Environment’’ 
and inserting ‘‘Environmental’’; and 
(iii) in paragraph (3)— 
(I) in the matter preceding subparagraph (A), 
by striking ‘‘19’’; 
(II) by striking subparagraph (A); 
(III) by redesignating subparagraphs (B) and 
(C) as subparagraphs (A) and (B), respectively; 
(IV) in subparagraph (B) (as redesignated by 
subclause (III)), by striking the second sentence; 
and 
(V) by inserting after subparagraph (B) (as 
redesignated by subclause (III)) the following: 
‘‘(C) The remaining members shall be— 
‘‘(i) appointed by the Secretary, based on rec-
ommendations from each member of the House of Rep-
resentatives, the district of which encompasses the Cor-
ridor; and 
‘‘(ii) persons that are residents of, or employed 
within, the applicable congressional districts.’’; 
(B) in subsection (f), by striking ‘‘Fourteen members 
of the Commission’’ and inserting ‘‘A majority of the serving 
Commissioners’’; 
(C) in subsection (g), by striking ‘‘14 of its members’’ 
and inserting ‘‘a majority of the serving Commissioners’’; 
(D) in subsection (h), by striking paragraph (4) and 
inserting the following: 
‘‘(4)(A) to appoint any staff that may be necessary to carry 
out the duties of the Commission, subject to the provisions 
of title 5, United States Code, relating to appointments in 
the competitive service; and 
‘‘(B) to fix the compensation of the staff, in accordance 
with the provisions of chapter 51 and subchapter III of chapter 
53 of title 5, United States Code, relating to the classification 
of positions and General Schedule pay rates;’’; and 
(E) in subsection (j), by striking ‘‘10 years’’ and 
inserting ‘‘15 years’’; 
(2) in section 807— 
(A) in subsection (e), by striking ‘‘with regard to the 
preparation and approval of the Canalway Plan’’; and 
(B) by adding at the end the following: 
‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the availability of 
appropriations, the Superintendent of Saratoga National Historical 
Park may, on request, provide to public and private organizations
H. R. 146—305 
in the Corridor (including the Commission) any operational assist-
ance that is appropriate to assist with the implementation of the 
Canalway Plan.’’; and 
(3) in section 810(a)(1), in the first sentence, by striking 
‘‘any fiscal year’’ and inserting ‘‘any fiscal year, to remain 
available until expended’’. 
SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL 
HERITAGE CORRIDOR. 
Section 3(b)(2) of Public Law 99–647 (16 U.S.C. 461 note; 100 
Stat. 3626, 120 Stat. 1857) is amended— 
(1) by striking ‘‘shall be the the’’ and inserting ‘‘shall be 
the’’; and 
(2) by striking ‘‘Directors from Massachusetts and Rhode 
Island;’’ and inserting ‘‘Directors from Massachusetts and 
Rhode Island, ex officio, or their delegates;’’. 
Subtitle D—Effect of Title 
SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES. 
Nothing in this title shall be construed as affecting access 
for recreational activities otherwise allowed by law or regulation, 
including hunting, fishing, or trapping. 
TITLE IX—BUREAU OF RECLAMATION 
AUTHORIZATIONS 
Subtitle A—Feasibility Studies 
SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO. 
(a) IN GENERAL.—The Secretary of the Interior, acting through 
the Bureau of Reclamation, may conduct feasibility studies on 
projects that address water shortages within the Snake, Boise, 
and Payette River systems in the State of Idaho, and are considered 
appropriate for further study by the Bureau of Reclamation Boise 
Payette water storage assessment report issued during 2006. 
(b) BUREAU OF RECLAMATION.—A study conducted under this 
section shall comply with Bureau of Reclamation policy standards 
and guidelines for studies. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary of the Interior to carry out 
this section $3,000,000. 
(d) TERMINATION OF EFFECTIVENESS.—The authority provided 
by this section terminates on the date that is 10 years after the 
date of enactment of this Act. 
SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA. 
(a) DEFINITIONS.—In this section: 
(1) APPRAISAL REPORT.—The term ‘‘appraisal report’’ means 
the appraisal report concerning the augmentation alternatives 
for the Sierra Vista Subwatershed in the State of Arizona, 
dated June 2007 and prepared by the Bureau of Reclamation. 
(2) PRINCIPLES AND GUIDELINES.—The term ‘‘principles and 
guidelines’’ means the report entitled ‘‘Economic and Environ-
mental Principles and Guidelines for Water and Related Land
H. R. 146—306 
Resources Implementation Studies’’ issued on March 10, 1983, 
by the Water Resources Council established under title I of 
the Water Resources Planning Act (42 U.S.C. 1962a et seq.). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) SIERRA VISTA SUBWATERSHED FEASIBILITY STUDY.— 
(1) STUDY.— 
(A) IN GENERAL.—In accordance with the reclamation 
laws and the principles and guidelines, the Secretary, 
acting through the Commissioner of Reclamation, may com-
plete a feasibility study of alternatives to augment the 
water supplies within the Sierra Vista Subwatershed in 
the State of Arizona that are identified as appropriate 
for further study in the appraisal report. 
(B) INCLUSIONS.—In evaluating the feasibility of alter-
natives under subparagraph (A), the Secretary shall— 
(i) include— 
(I) any required environmental reviews; 
(II) the construction costs and projected oper-
ations, maintenance, and replacement costs for 
each alternative; and 
(III) the economic feasibility of each alter-
native; 
(ii) take into consideration the ability of Federal, 
tribal, State, and local government sources and private 
sources to fund capital construction costs and annual 
operation, maintenance, energy, and replacement costs; 
(iii) establish the basis for— 
(I) any cost-sharing allocations; and 
(II) anticipated repayment, if any, of Federal 
contributions; and 
(iv) perform a cost-benefit analysis. 
(2) COST SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total costs 
of the study under paragraph (1) shall not exceed 45 per-
cent. 
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share required under subparagraph (A) may be in the 
form of any in-kind service that the Secretary determines 
would contribute substantially toward the conduct and 
completion of the study under paragraph (1). 
(3) STATEMENT
OF
CONGRESSIONAL
INTENT
RELATING
TO 
COMPLETION OF STUDY.—It is the intent of Congress that the 
Secretary complete the study under paragraph (1) by a date 
that is not later than 30 months after the date of enactment 
of this Act. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection $1,260,000. 
(c) WATER RIGHTS.—Nothing in this section affects— 
(1) any valid or vested water right in existence on the 
date of enactment of this Act; or 
(2) any application for water rights pending before the 
date of enactment of this Act. 
SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA. 
(a) FEASIBILITY STUDY, PROJECT DEVELOPMENT, COST SHARE.—
H. R. 146—307 
(1) IN GENERAL.—The Secretary of the Interior (hereinafter 
referred to as ‘‘Secretary’’), in consultation and cooperation 
with the City of San Diego and the Sweetwater Authority, 
is authorized to undertake a study to determine the feasibility 
of constructing a four reservoir intertie system to improve 
water storage opportunities, water supply reliability, and water 
yield of the existing non-Federal water storage system. The 
feasibility study shall document the Secretary’s engineering, 
environmental, and economic investigation of the proposed res-
ervoir and intertie project taking into consideration the range 
of potential solutions and the circumstances and needs of the 
area to be served by the proposed reservoir and intertie project, 
the potential benefits to the people of that service area, and 
improved operations of the proposed reservoir and intertie 
system. The Secretary shall indicate in the feasibility report 
required under paragraph (4) whether the proposed reservoir 
and intertie project is recommended for construction. 
(2) FEDERAL COST SHARE.—The Federal share of the costs 
of the feasibility study shall not exceed 50 percent of the 
total study costs. The Secretary may accept as part of the 
non-Federal cost share, any contribution of such in-kind serv-
ices by the City of San Diego and the Sweetwater Authority 
that the Secretary determines will contribute toward the con-
duct and completion of the study. 
(3) COOPERATION.—The Secretary shall consult and 
cooperate with appropriate State, regional, and local authorities 
in implementing this subsection. 
(4) FEASIBILITY
REPORT.—The Secretary shall submit to 
Congress a feasibility report for the project the Secretary rec-
ommends, and to seek, as the Secretary deems appropriate, 
specific authority to develop and construct any recommended 
project. This report shall include— 
(A) good faith letters of intent by the City of San 
Diego and the Sweetwater Authority and its non-Federal 
partners to indicate that they have committed to share 
the allocated costs as determined by the Secretary; and 
(B) a schedule identifying the annual operation, 
maintenance, and replacement costs that should be allo-
cated to the City of San Diego and the Sweetwater 
Authority, as well as the current and expected financial 
capability to pay operation, maintenance, and replacement 
costs. 
(b) FEDERAL RECLAMATION PROJECTS.—Nothing in this section 
shall supersede or amend the provisions of Federal Reclamation 
laws or laws associated with any project or any portion of any 
project constructed under any authority of Federal Reclamation 
laws. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary $3,000,000 for the Federal 
cost share of the study authorized in subsection (a). 
(d) SUNSET.—The authority of the Secretary to carry out any 
provisions of this section shall terminate 10 years after the date 
of the enactment of this Act.
H. R. 146—308 
Subtitle B—Project Authorizations 
SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CONSERVATION 
PROJECT, OREGON. 
(a) DEFINITIONS.—In this section: 
(1) DISTRICT.—The term ‘‘District’’ means the Tumalo 
Irrigation District, Oregon. 
(2) PROJECT.—The term ‘‘Project’’ means the Tumalo Irriga-
tion District Water Conservation Project authorized under sub-
section (b)(1). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) AUTHORIZATION TO PLAN, DESIGN
AND CONSTRUCT
THE 
TUMALO WATER CONSERVATION PROJECT.— 
(1) AUTHORIZATION.—The Secretary, in cooperation with 
the District— 
(A) may participate in the planning, design, and 
construction of the Tumalo Irrigation District Water Con-
servation Project in Deschutes County, Oregon; and 
(B) for purposes of planning and designing the Project, 
shall take into account any appropriate studies and reports 
prepared by the District. 
(2) COST-SHARING REQUIREMENT.— 
(A) FEDERAL SHARE.—The Federal share of the total 
cost of the Project shall be 25 percent, which shall be 
nonreimbursable to the United States. 
(B) CREDIT
TOWARD
NON-FEDERAL
SHARE.—The Sec-
retary shall credit toward the non-Federal share of the 
Project any amounts that the District provides toward the 
design, planning, and construction before the date of enact-
ment of this Act. 
(3) TITLE.—The District shall hold title to any facilities 
constructed under this section. 
(4) OPERATION
AND
MAINTENANCE
COSTS.—The District 
shall pay the operation and maintenance costs of the Project. 
(5) EFFECT.—Any assistance provided under this section 
shall not be considered to be a supplemental or additional 
benefit under Federal reclamation law (the Act of June 17, 
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
and amendatory of that Act (43 U.S.C. 371 et seq.). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary for the Federal share of the 
cost of the Project $4,000,000. 
(d) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary to carry out this section shall expire on the date that is 
10 years after the date of enactment of this Act. 
SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT, CALI-
FORNIA. 
(a) DEFINITIONS.—In this section: 
(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, oper-
ated, maintained, and managed by the District that will plan,
H. R. 146—309 
design, and construct recharge, recovery, and delivery systems 
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 Environmental 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 Interior. 
(4) TOTAL COST.—The term ‘‘total cost’’ means all reason-
able 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. 
(b) PROJECT FEASIBILITY.— 
(1) PROJECT FEASIBLE.—Pursuant to the Reclamation Act 
of 1902 (32 Stat. 388) and Acts amendatory thereof and supple-
mental thereto, the Project is feasible and no further studies 
or actions regarding feasibility are necessary. 
(2) APPLICABILITY OF OTHER LAWS.—The Secretary shall 
implement the authority provided in this section 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.). 
(c) COOPERATIVE AGREEMENT.—All final planning and design 
and the construction of the Project authorized by this section 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, 
which shall include— 
(1) engineering and design; 
(2) construction; and 
(3) the administration of contracts pertaining to any of 
the foregoing. 
(d) AUTHORIZATION
FOR
THE MADERA WATER SUPPLY
AND 
ENHANCEMENT PROJECT.— 
(1) AUTHORIZATION
OF
CONSTRUCTION.—The Secretary, 
acting pursuant to the Federal reclamation laws (Act of June 
17, 1902; 32 Stat. 388), and Acts amendatory thereof or supple-
mentary thereto, is authorized to enter into a cooperative agree-
ment through the Bureau of Reclamation with the District 
for the support of the final design and construction of the 
Project. 
(2) TOTAL COST.—The total cost of the Project for the pur-
poses of determining the Federal cost share shall not exceed 
$90,000,000. 
(3) COST SHARE.—The Federal share of the capital costs 
of the Project shall be provided on a nonreimbursable basis 
and 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. 
(4) CREDIT
FOR
NON-FEDERAL
WORK.—The District shall 
receive credit toward the non-Federal share of the cost of the 
Project for—
H. R. 146—310 
(A) in-kind services that the Secretary determines 
would contribute substantially toward the completion of 
the project; 
(B) reasonable costs incurred by the District as a result 
of participation in the planning, design, permitting, and 
construction of the Project; and 
(C) the acquisition costs of lands used or acquired 
by the District for the Project. 
(5) LIMITATION.—The Secretary shall not provide funds for 
the operation or maintenance of the Project authorized by this 
subsection. The operation, ownership, and maintenance of the 
Project shall be the sole responsibility of the District. 
(6) PLANS AND ANALYSES CONSISTENT WITH FEDERAL LAW.— 
Before obligating funds for design or construction under this 
subsection, 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. 
(7) TITLE; RESPONSIBILITY; LIABILITY.—Nothing in this sub-
section or the assistance provided under this subsection shall 
be construed to transfer title, responsibility, or liability related 
to the Project to the United States. 
(8) AUTHORIZATION OF APPROPRIATION.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection $22,500,000 or 25 percent of the total cost of the 
Project, whichever is less. 
(e) SUNSET.—The authority of the Secretary to carry out any 
provisions of this section shall terminate 10 years after the date 
of the enactment of this Act. 
SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, 
NEW MEXICO. 
(a) DEFINITIONS.—In this section: 
(1) AUTHORITY.—The term ‘‘Authority’’ means the Eastern 
New Mexico Rural Water Authority, an entity formed under 
State law for the purposes of planning, financing, developing, 
and operating the System. 
(2) ENGINEERING REPORT.—The term ‘‘engineering report’’ 
means the report entitled ‘‘Eastern New Mexico Rural Water 
System Preliminary Engineering Report’’ and dated October 
2006. 
(3) PLAN.—The term ‘‘plan’’ means the operation, mainte-
nance, and replacement plan required by subsection (c)(2). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) STATE.—The term ‘‘State’’ means the State of New 
Mexico. 
(6) SYSTEM.— 
(A) IN
GENERAL.—The term ‘‘System’’ means the 
Eastern New Mexico Rural Water System, a water delivery 
project designed to deliver approximately 16,500 acre-feet 
of water per year from the Ute Reservoir to the cities 
of Clovis, Elida, Grady, Melrose, Portales, and Texico and 
other locations in Curry, Roosevelt, and Quay Counties 
in the State.
H. R. 146—311 
(B) INCLUSIONS.—The term ‘‘System’’ includes the 
major components and associated infrastructure identified 
as the ‘‘Best Technical Alternative’’ in the engineering 
report. 
(7) UTE RESERVOIR.—The term ‘‘Ute Reservoir’’ means the 
impoundment of water created in 1962 by the construction 
of the Ute Dam on the Canadian River, located approximately 
32 miles upstream of the border between New Mexico and 
Texas. 
(b) EASTERN NEW MEXICO RURAL WATER SYSTEM.— 
(1) FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—The Secretary may provide financial 
and technical assistance to the Authority to assist in plan-
ning, designing, conducting related preconstruction activi-
ties for, and constructing the System. 
(B) USE.— 
(i) IN GENERAL.—Any financial assistance provided 
under subparagraph (A) shall be obligated and 
expended only in accordance with a cooperative agree-
ment entered into under subsection (d)(1)(B). 
(ii) LIMITATIONS.—Financial assistance provided 
under clause (i) shall not be used— 
(I) for any activity that is inconsistent with 
constructing the System; or 
(II) to plan or construct facilities used to 
supply irrigation water for irrigated agricultural 
purposes. 
(2) COST-SHARING REQUIREMENT.— 
(A) IN GENERAL.—The Federal share of the total cost 
of any activity or construction carried out using amounts 
made available under this section shall be not more than 
75 percent of the total cost of the System. 
(B) SYSTEM
DEVELOPMENT
COSTS.—For purposes of 
subparagraph (A), the total cost of the System shall include 
any costs incurred by the Authority or the State on or 
after October 1, 2003, for the development of the System. 
(3) LIMITATION.—No amounts made available under this 
section may be used for the construction of the System until— 
(A) a plan is developed under subsection (c)(2); and 
(B) the Secretary and the Authority have complied 
with any requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to 
the System. 
(4) TITLE TO PROJECT WORKS.—Title to the infrastructure 
of the System shall be held by the Authority or as may other-
wise be specified under State law. 
(c) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.— 
(1) IN GENERAL.—The Authority shall be responsible for 
the annual operation, maintenance, and replacement costs asso-
ciated with the System. 
(2) OPERATION, MAINTENANCE, AND REPLACEMENT PLAN.— 
The Authority, in consultation with the Secretary, shall develop 
an operation, maintenance, and replacement plan that estab-
lishes the rates and fees for beneficiaries of the System in 
the amount necessary to ensure that the System is properly 
maintained and capable of delivering approximately 16,500 
acre-feet of water per year.
H. R. 146—312 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) COOPERATIVE AGREEMENTS.— 
(A) IN GENERAL.—The Secretary may enter into any 
contract, grant, cooperative agreement, or other agreement 
that is necessary to carry out this section. 
(B) COOPERATIVE AGREEMENT FOR PROVISION OF FINAN-
CIAL ASSISTANCE.— 
(i) IN GENERAL.—The Secretary shall enter into 
a cooperative agreement with the Authority to provide 
financial assistance and any other assistance requested 
by the Authority for planning, design, related 
preconstruction activities, and construction of the 
System. 
(ii) REQUIREMENTS.—The cooperative agreement 
entered into under clause (i) shall, at a minimum, 
specify the responsibilities of the Secretary and the 
Authority with respect to— 
(I) ensuring that the cost-share requirements 
established by subsection (b)(2) are met; 
(II) completing the planning and final design 
of the System; 
(III) any environmental and cultural resource 
compliance activities required for the System; and 
(IV) the construction of the System. 
(2) TECHNICAL
ASSISTANCE.—At the request of the 
Authority, the Secretary may provide to the Authority any 
technical assistance that is necessary to assist the Authority 
in planning, designing, constructing, and operating the System. 
(3) BIOLOGICAL ASSESSMENT.—The Secretary shall consult 
with the New Mexico Interstate Stream Commission and the 
Authority in preparing any biological assessment under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that 
may be required for planning and constructing the System. 
(4) EFFECT.—Nothing in this section— 
(A) affects or preempts— 
(i) State water law; or 
(ii) an interstate compact relating to the allocation 
of water; or 
(B) confers on any non-Federal entity the ability to 
exercise any Federal rights to— 
(i) the water of a stream; or 
(ii) any groundwater resource. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In accordance with the adjustment car-
ried out under paragraph (2), there is authorized to be appro-
priated to the Secretary to carry out this section an amount 
not greater than $327,000,000. 
(2) ADJUSTMENT.—The amount made available under para-
graph (1) shall be adjusted to reflect changes in construction 
costs occurring after January 1, 2007, as indicated by 
engineering cost indices applicable to the types of construction 
necessary to carry out this section. 
(3) NONREIMBURSABLE AMOUNTS.—Amounts made available 
to the Authority in accordance with the cost-sharing require-
ment under subsection (b)(2) shall be nonreimbursable and 
nonreturnable to the United States.
H. R. 146—313 
(4) AVAILABILITY OF FUNDS.—At the end of each fiscal year, 
any unexpended funds appropriated pursuant to this section 
shall be retained for use in future fiscal years consistent with 
this section. 
SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALI-
FORNIA. 
(a) IN GENERAL.—The Reclamation Wastewater and Ground-
water Study and Facilities Act (Public Law 102–575, title XVI; 
43 U.S.C. 390h et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALI-
FORNIA. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
Rancho California Water District, California, may participate in 
the design, planning, and construction of permanent facilities for 
water recycling, demineralization, and desalination, and distribu-
tion of non-potable water supplies in Southern Riverside County, 
California. 
‘‘(b) COST SHARING.—The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project or $20,000,000, whichever is less. 
‘‘(c) LIMITATION.—Funds provided by the Secretary under this 
section shall not be used for operation or maintenance of the project 
described in subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of items in section 2 
of Public Law 102–575 is amended by inserting after the last 
item the following: 
‘‘Sec. 1649. Rancho California Water District Project, California.’’. 
SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO. 
(a) DEFINITIONS.—In this section: 
(1) ASSESSMENT.—The term ‘‘assessment’’ means the 
engineering document that is— 
(A) entitled ‘‘Jackson Gulch Inlet Canal Project, Jack-
son Gulch Outlet Canal Project, Jackson Gulch Operations 
Facilities Project: Condition Assessment and Recommenda-
tions for Rehabilitation’’; 
(B) dated February 2004; and 
(C) on file with the Bureau of Reclamation. 
(2) DISTRICT.—The term ‘‘District’’ means the Mancos 
Water Conservancy District established under the Water 
Conservancy Act (Colo. Rev. Stat. 37–45–101 et seq.). 
(3) PROJECT.—The term ‘‘Project’’ means the Jackson Gulch 
rehabilitation project, a program for the rehabilitation of the 
Jackson Gulch Canal system and other infrastructure in the 
State, as described in the assessment. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Commissioner of Reclama-
tion. 
(5) STATE.—The term ‘‘State’’ means the State of Colorado. 
(b) AUTHORIZATION
OF
JACKSON
GULCH
REHABILITATION 
PROJECT.— 
(1) IN GENERAL.—Subject to the reimbursement require-
ment described in paragraph (3), the Secretary shall pay the 
Federal share of the total cost of carrying out the Project.
H. R. 146—314 
(2) USE
OF
EXISTING
INFORMATION.—In preparing any 
studies relating to the Project, the Secretary shall, to the max-
imum extent practicable, use existing studies, including 
engineering and resource information provided by, or at the 
direction of— 
(A) Federal, State, or local agencies; and 
(B) the District. 
(3) REIMBURSEMENT REQUIREMENT.— 
(A) AMOUNT.—The Secretary shall recover from the 
District as reimbursable expenses the lesser of— 
(i) the amount equal to 35 percent of the cost 
of the Project; or 
(ii) $2,900,000. 
(B) MANNER.—The Secretary shall recover reimburs-
able expenses under subparagraph (A)— 
(i) in a manner agreed to by the Secretary and 
the District; 
(ii) over a period of 15 years; and 
(iii) with no interest. 
(C) CREDIT.—In determining the exact amount of 
reimbursable expenses to be recovered from the District, 
the Secretary shall credit the District for any amounts 
it paid before the date of enactment of this Act for 
engineering work and improvements directly associated 
with the Project. 
(4) PROHIBITION ON OPERATION AND MAINTENANCE COSTS.— 
The District shall be responsible for the operation and mainte-
nance of any facility constructed or rehabilitated under this 
section. 
(5) LIABILITY.—The United States shall not be liable for 
damages of any kind arising out of any act, omission, or occur-
rence relating to a facility rehabilitated or constructed under 
this section. 
(6) EFFECT.—An activity provided Federal funding under 
this section shall not be considered a supplemental or additional 
benefit under— 
(A) the reclamation laws; or 
(B) the Act of August 11, 1939 (16 U.S.C. 590y et 
seq.). 
(7) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to pay the Federal 
share of the total cost of carrying out the Project $8,250,000. 
SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO. 
(a) FINDINGS AND PURPOSE.— 
(1) FINDINGS.—Congress finds that— 
(A) drought, population increases, and environmental 
needs are exacerbating water supply issues across the 
western United States, including the Rio Grande Basin 
in New Mexico; 
(B) a report developed by the Bureau of Reclamation 
and the Bureau of Indian Affairs in 2000 identified a 
serious need for the rehabilitation and repair of irrigation 
infrastructure of the Rio Grande Pueblos; 
(C) inspection of existing irrigation infrastructure of 
the Rio Grande Pueblos shows that many key facilities,
H. R. 146—315 
such as diversion structures and main conveyance ditches, 
are unsafe and barely, if at all, operable; 
(D) the benefits of rehabilitating and repairing irriga-
tion infrastructure of the Rio Grande Pueblos include— 
(i) water conservation; 
(ii) extending available water supplies; 
(iii) increased agricultural productivity; 
(iv) economic benefits; 
(v) safer facilities; and 
(vi) the preservation of the culture of Indian 
Pueblos in the State; 
(E) certain Indian Pueblos in the Rio Grande Basin 
receive water from facilities operated or owned by the 
Bureau of Reclamation; and 
(F) rehabilitation and repair of irrigation infrastructure 
of the Rio Grande Pueblos would improve— 
(i) overall water management by the Bureau of 
Reclamation; and 
(ii) the ability of the Bureau of Reclamation to 
help address potential water supply conflicts in the 
Rio Grande Basin. 
(2) PURPOSE.—The purpose of this section is to direct the 
Secretary— 
(A) to assess the condition of the irrigation infrastruc-
ture of the Rio Grande Pueblos; 
(B) to establish priorities for the rehabilitation of 
irrigation infrastructure of the Rio Grande Pueblos in 
accordance with specified criteria; and 
(C) to implement projects to rehabilitate and improve 
the irrigation infrastructure of the Rio Grande Pueblos. 
(b) DEFINITIONS.—In this section: 
(1) 2004 AGREEMENT.—The term ‘‘2004 Agreement’’ means 
the agreement entitled ‘‘Agreement By and Between the United 
States of America and the Middle Rio Grande Conservancy 
District, Providing for the Payment of Operation and Mainte-
nance Charges on Newly Reclaimed Pueblo Indian Lands in 
the Middle Rio Grande Valley, New Mexico’’ and executed in 
September 2004 (including any successor agreements and 
amendments to the agreement). 
(2) DESIGNATED
ENGINEER.—The term ‘‘designated engi-
neer’’ means a Federal employee designated under the Act 
of February 14, 1927 (69 Stat. 1098, chapter 138) to represent 
the United States in any action involving the maintenance, 
rehabilitation, or preservation of the condition of any irrigation 
structure or facility on land located in the Six Middle Rio 
Grande Pueblos. 
(3) DISTRICT.—The term ‘‘District’’ means the Middle Rio 
Grande Conservancy District, a political subdivision of the State 
established in 1925. 
(4) 
PUEBLO
IRRIGATION
INFRASTRUCTURE.—The 
term 
‘‘Pueblo irrigation infrastructure’’ means any diversion struc-
ture, conveyance facility, or drainage facility that is— 
(A) in existence as of the date of enactment of this 
Act; and 
(B) located on land of a Rio Grande Pueblo that is 
associated with—
H. R. 146—316 
(i) the delivery of water for the irrigation of agricul-
tural land; or 
(ii) the carriage of irrigation return flows and 
excess water from the land that is served. 
(5) RIO
GRANDE
BASIN.—The term ‘‘Rio Grande Basin’’ 
means the headwaters of the Rio Chama and the Rio Grande 
Rivers (including any tributaries) from the State line between 
Colorado and New Mexico downstream to the elevation cor-
responding with the spillway crest of Elephant Butte Dam 
at 4,457.3 feet mean sea level. 
(6) RIO GRANDE PUEBLO.—The term ‘‘Rio Grande Pueblo’’ 
means any of the 18 Pueblos that— 
(A) occupy land in the Rio Grande Basin; and 
(B) are included on the list of federally recognized 
Indian tribes published by the Secretary in accordance 
with section 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 479a–1). 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Commissioner of Reclama-
tion. 
(8) SIX
MIDDLE
RIO
GRANDE
PUEBLOS.—The term ‘‘Six 
Middle Rio Grande Pueblos’’ means each of the Pueblos of 
Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and 
Isleta. 
(9) SPECIAL PROJECT.—The term ‘‘special project’’ has the 
meaning given the term in the 2004 Agreement. 
(10) STATE.—The term ‘‘State’’ means the State of New 
Mexico. 
(c) IRRIGATION INFRASTRUCTURE STUDY.— 
(1) STUDY.— 
(A) IN GENERAL.—On the date of enactment of this 
Act, the Secretary, in accordance with subparagraph (B), 
and in consultation with the Rio Grande Pueblos, shall— 
(i) conduct a study of Pueblo irrigation infrastruc-
ture; and 
(ii) based on the results of the study, develop a 
list of projects (including a cost estimate for each 
project), that are recommended to be implemented over 
a 10-year period to repair, rehabilitate, or reconstruct 
Pueblo irrigation infrastructure. 
(B) REQUIRED CONSENT.—In carrying out subparagraph 
(A), the Secretary shall only include each individual Rio 
Grande Pueblo that notifies the Secretary that the Pueblo 
consents to participate in— 
(i) the conduct of the study under subparagraph 
(A)(i); and 
(ii) the development of the list of projects under 
subparagraph (A)(ii) with respect to the Pueblo. 
(2) PRIORITY.— 
(A) CONSIDERATION OF FACTORS.— 
(i) IN GENERAL.—In developing the list of projects 
under paragraph (1)(A)(ii), the Secretary shall— 
(I) consider each of the factors described in 
subparagraph (B); and 
(II) prioritize the projects recommended for 
implementation based on— 
(aa) a review of each of the factors; and
H. R. 146—317 
(bb) a consideration of the projected bene-
fits of the project on completion of the project. 
(ii) ELIGIBILITY OF PROJECTS.—A project is eligible 
to be considered and prioritized by the Secretary if 
the project addresses at least 1 factor described in 
subparagraph (B). 
(B) FACTORS.—The factors referred to in subparagraph 
(A) are— 
(i)(I) the extent of disrepair of the Pueblo irrigation 
infrastructure; and 
(II) the effect of the disrepair on the ability of 
the applicable Rio Grande Pueblo to irrigate agricul-
tural land using Pueblo irrigation infrastructure; 
(ii) whether, and the extent that, the repair, 
rehabilitation, or reconstruction of the Pueblo irriga-
tion infrastructure would provide an opportunity to 
conserve water; 
(iii)(I) the economic and cultural impacts that the 
Pueblo irrigation infrastructure that is in disrepair 
has on the applicable Rio Grande Pueblo; and 
(II) the economic and cultural benefits that the 
repair, rehabilitation, or reconstruction of the Pueblo 
irrigation infrastructure would have on the applicable 
Rio Grande Pueblo; 
(iv) the opportunity to address water supply or 
environmental conflicts in the applicable river basin 
if the Pueblo irrigation infrastructure is repaired, 
rehabilitated, or reconstructed; and 
(v) the overall benefits of the project to efficient 
water operations on the land of the applicable Rio 
Grande Pueblo. 
(3) CONSULTATION.—In developing the list of projects under 
paragraph (1)(A)(ii), the Secretary shall consult with the 
Director of the Bureau of Indian Affairs (including the des-
ignated engineer with respect to each proposed project that 
affects the Six Middle Rio Grande Pueblos), the Chief of the 
Natural Resources Conservation Service, and the Chief of Engi-
neers to evaluate the extent to which programs under the 
jurisdiction of the respective agencies may be used— 
(A) to assist in evaluating projects to repair, rehabili-
tate, or reconstruct Pueblo irrigation infrastructure; and 
(B) to implement— 
(i) a project recommended for implementation 
under paragraph (1)(A)(ii); or 
(ii) any other related project (including on-farm 
improvements) that may be appropriately coordinated 
with the repair, rehabilitation, or reconstruction of 
Pueblo irrigation infrastructure to improve the efficient 
use of water in the Rio Grande Basin. 
(4) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and the Com-
mittee on Resources of the House of Representatives a report 
that includes— 
(A) the list of projects recommended for implementation 
under paragraph (1)(A)(ii); and 
(B) any findings of the Secretary with respect to—
H. R. 146—318 
(i) the study conducted under paragraph (1)(A)(i); 
(ii) the consideration of the factors under para-
graph (2)(B); and 
(iii) the consultations under paragraph (3). 
(5) PERIODIC REVIEW.—Not later than 4 years after the 
date on which the Secretary submits the report under para-
graph (4) and every 4 years thereafter, the Secretary, in con-
sultation with each Rio Grande Pueblo, shall— 
(A) review the report submitted under paragraph (4); 
and 
(B) update the list of projects described in paragraph 
(4)(A) in accordance with each factor described in para-
graph (2)(B), as the Secretary determines to be appropriate. 
(d) IRRIGATION INFRASTRUCTURE GRANTS.— 
(1) IN GENERAL.—The Secretary may provide grants to, 
and enter into contracts or other agreements with, the Rio 
Grande Pueblos to plan, design, construct, or otherwise imple-
ment projects to repair, rehabilitate, reconstruct, or replace 
Pueblo irrigation infrastructure that are recommended for 
implementation under subsection (c)(1)(A)(ii)— 
(A) to increase water use efficiency and agricultural 
productivity for the benefit of a Rio Grande Pueblo; 
(B) to conserve water; or 
(C) to otherwise enhance water management or help 
avert water supply conflicts in the Rio Grande Basin. 
(2) LIMITATION.—Assistance provided under paragraph (1) 
shall not be used for— 
(A) the repair, rehabilitation, or reconstruction of any 
major impoundment structure; or 
(B) any on-farm improvements. 
(3) CONSULTATION.—In carrying out a project under para-
graph (1), the Secretary shall— 
(A) consult with, and obtain the approval of, the 
applicable Rio Grande Pueblo; 
(B) consult with the Director of the Bureau of Indian 
Affairs; and 
(C) as appropriate, coordinate the project with any 
work being conducted under the irrigation operations and 
maintenance program of the Bureau of Indian Affairs. 
(4) COST-SHARING REQUIREMENT.— 
(A) FEDERAL SHARE.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the Federal share of the total cost of carrying out 
a project under paragraph (1) shall be not more than 
75 percent. 
(ii) EXCEPTION.—The Secretary may waive or limit 
the non-Federal share required under clause (i) if the 
Secretary determines, based on a demonstration of 
financial hardship by the Rio Grande Pueblo, that the 
Rio Grande Pueblo is unable to contribute the required 
non-Federal share. 
(B) DISTRICT CONTRIBUTIONS.— 
(i) IN GENERAL.—The Secretary may accept from 
the District a partial or total contribution toward the 
non-Federal share required for a project carried out 
under paragraph (1) on land located in any of the
H. R. 146—319 
Six Middle Rio Grande Pueblos if the Secretary deter-
mines that the project is a special project. 
(ii) LIMITATION.—Nothing in clause (i) requires the 
District to contribute to the non-Federal share of the 
cost of a project carried out under paragraph (1). 
(C) STATE CONTRIBUTIONS.— 
(i) IN GENERAL.—The Secretary may accept from 
the State a partial or total contribution toward the 
non-Federal share for a project carried out under para-
graph (1). 
(ii) LIMITATION.—Nothing in clause (i) requires the 
State to contribute to the non-Federal share of the 
cost of a project carried out under paragraph (1). 
(D) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share under subparagraph (A)(i) may be in the form of 
in-kind contributions, including the contribution of any 
valuable asset or service that the Secretary determines 
would substantially contribute to a project carried out 
under paragraph (1). 
(5) OPERATION AND MAINTENANCE.—The Secretary may not 
use any amount made available under subsection (g)(2) to carry 
out the operation or maintenance of any project carried out 
under paragraph (1). 
(e) EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES.— 
Nothing in this section— 
(1) affects any existing project-specific funding authority; 
or 
(2) limits or absolves the United States from any responsi-
bility to any Rio Grande Pueblo (including any responsibility 
arising from a trust relationship or from any Federal law 
(including regulations), Executive order, or agreement between 
the Federal Government and any Rio Grande Pueblo). 
(f) EFFECT ON PUEBLO WATER RIGHTS OR STATE WATER LAW.— 
(1) PUEBLO
WATER
RIGHTS.—Nothing in this section 
(including the implementation of any project carried out in 
accordance with this section) affects the right of any Pueblo 
to receive, divert, store, or claim a right to water, including 
the priority of right and the quantity of water associated with 
the water right under Federal or State law. 
(2) STATE WATER LAW.—Nothing in this section preempts 
or affects— 
(A) State water law; or 
(B) an interstate compact governing water. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) STUDY.—There is authorized to be appropriated to carry 
out subsection (c) $4,000,000. 
(2) PROJECTS.—There is authorized to be appropriated to 
carry out subsection (d) $6,000,000 for each of fiscal years 
2010 through 2019. 
SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS. 
(a) DEFINITIONS.—Section 2 of Public Law 106–392 (114 Stat. 
1602) is amended— 
(1) in paragraph (5), by inserting ‘‘, rehabilitation, and 
repair’’ after ‘‘and replacement’’; and
H. R. 146—320 
(2) in paragraph (6), by inserting ‘‘those for protection 
of critical habitat, those for preventing entrainment of fish 
in water diversions,’’ after ‘‘instream flows,’’. 
(b) AUTHORIZATION TO FUND RECOVERY PROGRAMS.—Section 
3 of Public Law 106–392 (114 Stat. 1603; 120 Stat. 290) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘$61,000,000’’ and 
inserting ‘‘$88,000,000’’; 
(B) in paragraph (2), by striking ‘‘2010’’ and inserting 
‘‘2023’’; and 
(C) in paragraph (3), by striking ‘‘2010’’ and inserting 
‘‘2023’’; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘$126,000,000’’ and inserting ‘‘$209,000,000’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘$108,000,000’’ and inserting 
‘‘$179,000,000’’; and 
(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and 
(C) in paragraph (2)— 
(i) 
by 
striking 
‘‘$18,000,000’’ 
and 
inserting 
‘‘$30,000,000’’; and 
(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and 
(3) in subsection (c)(4), by striking ‘‘$31,000,000’’ and 
inserting ‘‘$87,000,000’’. 
SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA. 
(a) DEFINITIONS.—In this section: 
(1) DISTRICT.—The term ‘‘District’’ means the Fallbrook 
Public Utility District, San Diego County, California. 
(2) PROJECT.—The term ‘‘Project’’ means the impoundment, 
recharge, treatment, and other facilities the construction, oper-
ation, watershed management, and maintenance of which is 
authorized under subsection (b). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA 
RIVER PROJECT.— 
(1) AUTHORIZATION.—The Secretary, acting pursuant to 
Federal reclamation law (the Act of June 17, 1902 (32 Stat. 
388, chapter 1093), and Acts supplemental to and amendatory 
of that Act (43 U.S.C. 371 et seq.), to the extent that law 
is not inconsistent with this section, may construct, operate, 
and maintain the Project substantially in accordance with the 
final feasibility report and environmental reviews for the 
Project and this section. 
(2) CONDITIONS.—The Secretary may construct the Project 
only after the Secretary determines that the following condi-
tions have occurred: 
(A)(i) The District and the Secretary of the Navy have 
entered into contracts under subsections (c)(2) and (e) of 
section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 
485h) to repay to the United States equitable and appro-
priate portions, as determined by the Secretary, of the 
actual costs of constructing, operating, and maintaining 
the Project.
H. R. 146—321 
(ii) As an alternative to a repayment contract with 
the Secretary of the Navy described in clause (i), the Sec-
retary may allow the Secretary of the Navy to satisfy 
all or a portion of the repayment obligation for construction 
of the Project on the payment of the share of the Secretary 
of the Navy prior to the initiation of construction, subject 
to a final cost allocation as described in subsection (c). 
(B) The officer or agency of the State of California 
authorized by law to grant permits for the appropriation 
of water has granted the permits to the Bureau of Reclama-
tion for the benefit of the Secretary of the Navy and the 
District as permittees for rights to the use of water for 
storage and diversion as provided in this section, including 
approval of all requisite changes in points of diversion 
and storage, and purposes and places of use. 
(C)(i) The District has agreed— 
(I) to not assert against the United States any 
prior appropriative right the District may have to 
water in excess of the quantity deliverable to the Dis-
trict under this section; and 
(II) to share in the use of the waters impounded 
by the Project on the basis of equal priority and in 
accordance with the ratio prescribed in subsection 
(d)(2). 
(ii) The agreement and waiver under clause (i) and 
the changes in points of diversion and storage under 
subparagraph (B)— 
(I) shall become effective and binding only when 
the Project has been completed and put into operation; 
and 
(II) may be varied by agreement between the Dis-
trict and the Secretary of the Navy. 
(D) The Secretary has determined that the Project 
has completed applicable economic, environmental, and 
engineering feasibility studies. 
(c) COSTS.— 
(1) IN GENERAL.—As determined by a final cost allocation 
after completion of the construction of the Project, the Secretary 
of the Navy shall be responsible to pay upfront or repay to 
the Secretary only that portion of the construction, operation, 
and maintenance costs of the Project that the Secretary and 
the Secretary of the Navy determine reflects the extent to 
which the Department of the Navy benefits from the Project. 
(2) OTHER
CONTRACTS.—Notwithstanding paragraph (1), 
the Secretary may enter into a contract with the Secretary 
of the Navy for the impoundment, storage, treatment, and 
carriage of prior rights water for domestic, municipal, fish 
and wildlife, industrial, and other beneficial purposes using 
Project facilities. 
(d) OPERATION; YIELD ALLOTMENT; DELIVERY.— 
(1) OPERATION.—The Secretary, the District, or a third 
party (consistent with subsection (f)) may operate the Project, 
subject to a memorandum of agreement between the Secretary, 
the Secretary of the Navy, and the District and under regula-
tions satisfactory to the Secretary of the Navy with respect 
to the share of the Project of the Department of the Navy.
H. R. 146—322 
(2) 
YIELD
ALLOTMENT.—Except 
as 
otherwise 
agreed 
between the parties, the Secretary of the Navy and the District 
shall participate in the Project yield on the basis of equal 
priority and in accordance with the following ratio: 
(A) 60 percent of the yield of the Project is allotted 
to the Secretary of the Navy. 
(B) 40 percent of the yield of the Project is allotted 
to the District. 
(3) CONTRACTS FOR DELIVERY OF EXCESS WATER.— 
(A) EXCESS WATER AVAILABLE TO OTHER PERSONS.— 
If the Secretary of the Navy certifies to the official agreed 
on to administer the Project that the Department of the 
Navy does not have immediate need for any portion of 
the 60 percent of the yield of the Project allotted to the 
Secretary of the Navy under paragraph (2), the official 
may enter into temporary contracts for the sale and 
delivery of the excess water. 
(B) FIRST RIGHT FOR EXCESS WATER.—The first right 
to excess water made available under subparagraph (A) 
shall be given the District, if otherwise consistent with 
the laws of the State of California. 
(C) CONDITION OF CONTRACTS.—Each contract entered 
into under subparagraph (A) for the sale and delivery of 
excess water shall include a condition that the Secretary 
of the Navy has the right to demand the water, without 
charge and without obligation on the part of the United 
States, after 30 days notice. 
(D) MODIFICATION OF RIGHTS AND OBLIGATIONS.—The 
rights and obligations of the United States and the District 
regarding the ratio, amounts, definition of Project yield, 
and payment for excess water may be modified by an 
agreement between the parties. 
(4) CONSIDERATION.— 
(A) DEPOSIT OF FUNDS.— 
(i) IN
GENERAL.—Amounts paid to the United 
States under a contract entered into under paragraph 
(3) shall be— 
(I) deposited in the special account established 
for the Department of the Navy under section 
2667(e)(1) of title 10, United States Code; and 
(II) shall be available for the purposes speci-
fied in section 2667(e)(1)(C) of that title. 
(ii) EXCEPTION.—Section 2667(e)(1)(D) of title 10, 
United States Code, shall not apply to amounts depos-
ited in the special account pursuant to this paragraph. 
(B) IN-KIND
CONSIDERATION.—In lieu of monetary 
consideration under subparagraph (A), or in addition to 
monetary consideration, the Secretary of the Navy may 
accept in-kind consideration in a form and quantity that 
is acceptable to the Secretary of the Navy, including— 
(i) maintenance, protection, alteration, repair, 
improvement, or restoration (including environmental 
restoration) of property or facilities of the Department 
of the Navy; 
(ii) construction of new facilities for the Depart-
ment of the Navy;
H. R. 146—323 
(iii) provision of facilities for use by the Depart-
ment of the Navy; 
(iv) facilities operation support for the Department 
of the Navy; and 
(v) provision of such other services as the Secretary 
of the Navy considers appropriate. 
(C) RELATION TO OTHER LAWS.—Sections 2662 and 2802 
of title 10, United States Code, shall not apply to any 
new facilities the construction of which is accepted as in- 
kind consideration under this paragraph. 
(D) CONGRESSIONAL
NOTIFICATION.—If the in-kind 
consideration proposed to be provided under a contract 
to be entered into under paragraph (3) has a value in 
excess of $500,000, the contract may not be entered into 
until the earlier of— 
(i) the end of the 30-day period beginning on the 
date on which the Secretary of the Navy submits to 
the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of 
Representatives a report describing the contract and 
the form and quantity of the in-kind consideration; 
or 
(ii) the end of the 14-day period beginning on 
the date on which a copy of the report referred to 
in clause (i) is provided in an electronic medium pursu-
ant to section 480 of title 10, United States Code. 
(e) REPAYMENT OBLIGATION OF THE DISTRICT.— 
(1) DETERMINATION.— 
(A) IN GENERAL.—Except as otherwise provided in this 
paragraph, the general repayment obligation of the District 
shall be determined by the Secretary consistent with sub-
sections (c)(2) and (e) of section 9 of the Reclamation Project 
Act of 1939 (43 U.S.C. 485h) to repay to the United States 
equitable and appropriate portions, as determined by the 
Secretary, of the actual costs of constructing, operating, 
and maintaining the Project. 
(B) 
GROUNDWATER.—For 
purposes 
of 
calculating 
interest and determining the time when the repayment 
obligation of the District to the United States commences, 
the pumping and treatment of groundwater from the 
Project shall be deemed equivalent to the first use of water 
from a water storage project. 
(C) CONTRACTS
FOR
DELIVERY
OF
EXCESS
WATER.— 
There shall be no repayment obligation under this sub-
section for water delivered to the District under a contract 
described in subsection (d)(3). 
(2) MODIFICATION OF RIGHTS AND OBLIGATION BY AGREE-
MENT.—The rights and obligations of the United States and 
the District regarding the repayment obligation of the District 
may be modified by an agreement between the parties. 
(f) TRANSFER OF CARE, OPERATION, AND MAINTENANCE.— 
(1) IN GENERAL.—The Secretary may transfer to the Dis-
trict, or a mutually agreed upon third party, the care, operation, 
and maintenance of the Project under conditions that are— 
(A) satisfactory to the Secretary and the District; and
H. R. 146—324 
(B) with respect to the portion of the Project that 
is located within the boundaries of Camp Pendleton, satis-
factory to the Secretary, the District, and the Secretary 
of the Navy. 
(2) EQUITABLE CREDIT.— 
(A) IN
GENERAL.—In the event of a transfer under 
paragraph (1), the District shall be entitled to an equitable 
credit for the costs associated with the proportionate share 
of the Secretary of the operation and maintenance of the 
Project. 
(B) APPLICATION.—The amount of costs described in 
subparagraph (A) shall be applied against the indebtedness 
of the District to the United States. 
(g) SCOPE OF SECTION.— 
(1) IN GENERAL.—Except as otherwise provided in this sec-
tion, for the purpose of this section, the laws of the State 
of California shall apply to the rights of the United States 
pertaining to the use of water under this section. 
(2) LIMITATIONS.—Nothing in this section— 
(A) provides a grant or a relinquishment by the United 
States of any rights to the use of water that the United 
States acquired according to the laws of the State of Cali-
fornia, either as a result of the acquisition of the land 
comprising Camp Joseph H. Pendleton and adjoining naval 
installations, and the rights to the use of water as a part 
of that acquisition, or through actual use or prescription 
or both since the date of that acquisition, if any; 
(B) creates any legal obligation to store any water 
in the Project, to the use of which the United States has 
those rights; 
(C) requires the division under this section of water 
to which the United States has those rights; or 
(D) constitutes a recognition of, or an admission by 
the United States that, the District has any rights to 
the use of water in the Santa Margarita River, which 
rights, if any, exist only by virtue of the laws of the State 
of California. 
(h) LIMITATIONS ON OPERATION AND ADMINISTRATION.—Unless 
otherwise agreed by the Secretary of the Navy, the Project— 
(1) shall be operated in a manner which allows the free 
passage of all of the water to the use of which the United 
States is entitled according to the laws of the State of California 
either as a result of the acquisition of the land comprising 
Camp Joseph H. Pendleton and adjoining naval installations, 
and the rights to the use of water as a part of those acquisitions, 
or through actual use or prescription, or both, since the date 
of that acquisition, if any; and 
(2) shall not be administered or operated in any way that 
will impair or deplete the quantities of water the use of which 
the United States would be entitled under the laws of the 
State of California had the Project not been built. 
(i) REPORTS TO CONGRESS.—Not later than 2 years after the 
date of the enactment of this Act and periodically thereafter, the 
Secretary and the Secretary of the Navy shall each submit to 
the appropriate committees of Congress reports that describe 
whether the conditions specified in subsection (b)(2) have been 
met and if so, the manner in which the conditions were met.
H. R. 146—325 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section— 
(1) $60,000,000, as adjusted to reflect the engineering costs 
indices for the construction cost of the Project; and 
(2) such sums as are necessary to operate and maintain 
the Project. 
(k) SUNSET.—The authority of the Secretary to complete 
construction of the Project shall terminate on the date that is 
10 years after the date of enactment of this Act. 
SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT. 
(a) IN GENERAL.—The Reclamation Wastewater and Ground-
water Study and Facilities Act (Public Law 102–575, title XVI; 
43 U.S.C. 390h et seq.) (as amended by section 9104(a)) is amended 
by adding at the end the following: 
‘‘SEC. 
1650. 
ELSINORE 
VALLEY 
MUNICIPAL 
WATER 
DISTRICT 
PROJECTS, CALIFORNIA. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
Elsinore Valley Municipal Water District, California, may partici-
pate in the design, planning, and construction of permanent facili-
ties needed to establish recycled water distribution and wastewater 
treatment and reclamation facilities that will be used to treat 
wastewater and provide recycled water in the Elsinore Valley 
Municipal Water District, California. 
‘‘(b) COST SHARING.—The Federal share of the cost of each 
project described in subsection (a) shall not exceed 25 percent 
of the total cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary under this 
section shall not be used for operation or maintenance of the projects 
described in subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $12,500,000.’’. 
(b) CLERICAL AMENDMENT.—The table of sections in section 
2 of Public Law 102–575 (as amended by section 9104(b)) is 
amended by inserting after the item relating to section 1649 the 
following: 
‘‘Sec. 1650. Elsinore Valley Municipal Water District Projects, California.’’. 
SEC. 9110. NORTH BAY WATER REUSE AUTHORITY. 
(a) PROJECT AUTHORIZATION.—The Reclamation Wastewater 
and Groundwater Study and Facilities Act (Public Law 102–575, 
title XVI; 43 U.S.C. 390h et seq.) (as amended by section 9109(a)) 
is amended by adding at the end the following: 
‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 
member agency of the North Bay Water Reuse Authority of 
the State located in the North San Pablo Bay watershed in— 
‘‘(A) Marin County; 
‘‘(B) Napa County; 
‘‘(C) Solano County; or 
‘‘(D) Sonoma County. 
‘‘(2) WATER RECLAMATION AND REUSE PROJECT.—The term 
‘water reclamation and reuse project’ means a project carried 
out by the Secretary and an eligible entity in the North San 
Pablo Bay watershed relating to—
H. R. 146—326 
‘‘(A) water quality improvement; 
‘‘(B) wastewater treatment; 
‘‘(C) water reclamation and reuse; 
‘‘(D) groundwater recharge and protection; 
‘‘(E) surface water augmentation; or 
‘‘(F) other related improvements. 
‘‘(3) STATE.—The term ‘State’ means the State of California. 
‘‘(b) NORTH BAY WATER REUSE PROGRAM.— 
‘‘(1) IN GENERAL.—Contingent upon a finding of feasibility, 
the Secretary, acting through a cooperative agreement with 
the State or a subdivision of the State, is authorized to enter 
into cooperative agreements with eligible entities for the plan-
ning, design, and construction of water reclamation and reuse 
facilities and recycled water conveyance and distribution sys-
tems. 
‘‘(2) COORDINATION
WITH
OTHER
FEDERAL
AGENCIES.—In 
carrying out this section, the Secretary and the eligible entity 
shall, to the maximum extent practicable, use the design work 
and environmental evaluations initiated by— 
‘‘(A) non-Federal entities; and 
‘‘(B) the Corps of Engineers in the San Pablo Bay 
Watershed of the State. 
‘‘(3) PHASED PROJECT.—A cooperative agreement described 
in paragraph (1) shall require that the North Bay Water Reuse 
Program carried out under this section shall consist of 2 phases 
as follows: 
‘‘(A) FIRST PHASE.—During the first phase, the Sec-
retary and an eligible entity shall complete the planning, 
design, and construction of the main treatment and main 
conveyance systems. 
‘‘(B) SECOND
PHASE.—During the second phase, the 
Secretary and an eligible entity shall complete the plan-
ning, design, and construction of the sub-regional distribu-
tion systems. 
‘‘(4) COST SHARING.— 
‘‘(A) FEDERAL SHARE.—The Federal share of the cost 
of the first phase of the project authorized by this section 
shall not exceed 25 percent of the total cost of the first 
phase of the project. 
‘‘(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 
share may be in the form of any in-kind services that 
the Secretary determines would contribute substantially 
toward the completion of the water reclamation and reuse 
project, including— 
‘‘(i) reasonable costs incurred by the eligible entity 
relating to the planning, design, and construction of 
the water reclamation and reuse project; and 
‘‘(ii) the acquisition costs of land acquired for the 
project that is— 
‘‘(I) used for planning, design, and construction 
of the water reclamation and reuse project facili-
ties; and 
‘‘(II) owned by an eligible entity and directly 
related to the project. 
‘‘(C) LIMITATION.—The Secretary shall not provide 
funds for the operation and maintenance of the project 
authorized by this section.
H. R. 146—327 
‘‘(5) EFFECT.—Nothing in this section— 
‘‘(A) affects or preempts— 
‘‘(i) State water law; or 
‘‘(ii) an interstate compact relating to the allocation 
of water; or 
‘‘(B) confers on any non-Federal entity the ability to 
exercise any Federal right to— 
‘‘(i) the water of a stream; or 
‘‘(ii) any groundwater resource. 
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated for the Federal share of the total 
cost of the first phase of the project authorized by this section 
$25,000,000, to remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The table of sections in section 
2 of Public Law 102–575 (as amended by section 9109(b)) is 
amended by inserting after the item relating to section 1650 the 
following: 
‘‘Sec. 1651. North Bay water reuse program.’’. 
SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT, 
CALIFORNIA. 
(a) PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.— 
(1) IN
GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102–575, 
title XVI; 43 U.S.C. 390h et seq.) (as amended by section 
9110(a)) is amended by adding at the end the following: 
‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. 
‘‘(a) IN GENERAL.—The Secretary, in cooperation with the 
Orange County Water District, shall participate in the planning, 
design, and construction of natural treatment systems and wetlands 
for the flows of the Santa Ana River, California, and its tributaries 
into the Prado Basin. 
‘‘(b) COST SHARING.—The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 
be used for the operation and maintenance of the project described 
in subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $10,000,000. 
‘‘(e) SUNSET OF AUTHORITY.—This section shall have no effect 
after the date that is 10 years after the date of the enactment 
of this section.’’. 
(2) CONFORMING AMENDMENT.—The table of sections in sec-
tion 2 of Public Law 102–575 (43 U.S.C. prec. 371) (as amended 
by section 9110(b)) is amended by inserting after the last item 
the following: 
‘‘1652. Prado Basin Natural Treatment System Project.’’. 
(b) LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION 
AND RECLAMATION PROJECT.— 
(1) IN
GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102–575, 
title XVI; 43 U.S.C. 390h et seq.) (as amended by subsection 
(a)(1)) is amended by adding at the end the following:
H. R. 146—328 
‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRA-
TION AND RECLAMATION PROJECT. 
‘‘(a) IN GENERAL.—The Secretary, in cooperation with the Chino 
Basin Watermaster, the Inland Empire Utilities Agency, and the 
Santa Ana Watershed Project Authority and acting under the Fed-
eral reclamation laws, shall participate in the design, planning, 
and construction of the Lower Chino Dairy Area desalination dem-
onstration and reclamation project. 
‘‘(b) COST SHARING.—The Federal share of the cost of the project 
described in subsection (a) shall not exceed— 
‘‘(1) 25 percent of the total cost of the project; or 
‘‘(2) $26,000,000. 
‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 
be used for operation or maintenance of the project described in 
subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
‘‘(e) SUNSET OF AUTHORITY.—This section shall have no effect 
after the date that is 10 years after the date of the enactment 
of this section.’’. 
(2) CONFORMING AMENDMENT.—The table of sections in sec-
tion 2 of Public Law 102–575 (43 U.S.C. prec. 371) (as amended 
by subsection (a)(2)) is amended by inserting after the last 
item the following: 
‘‘1653. Lower Chino dairy area desalination demonstration and reclamation 
project.’’. 
(c) 
ORANGE
COUNTY
REGIONAL
WATER
RECLAMATION 
PROJECT.—Section 1624 of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102–575, title 
XVI; 43 U.S.C. 390h–12j) is amended— 
(1) in the section heading, by striking the words ‘‘phase 
1 of the’’; and 
(2) in subsection (a), by striking ‘‘phase 1 of’’. 
SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA. 
(a) DEFINITIONS.—In this section: 
(1) DISTRICT.—The term ‘‘District’’ means the Western 
Municipal Water District, Riverside County, California. 
(2) PROJECT.— 
(A) IN GENERAL.—The term ‘‘Project’’ means the River-
side-Corona Feeder Project. 
(B) INCLUSIONS.—The term ‘‘Project’’ includes— 
(i) 20 groundwater wells; 
(ii) groundwater treatment facilities; 
(iii) water storage and pumping facilities; and 
(iv) 28 miles of pipeline in San Bernardino and 
Riverside Counties in the State of California. 
(C) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(b) PLANNING, DESIGN, AND CONSTRUCTION
OF RIVERSIDE- 
CORONA FEEDER.— 
(1) IN GENERAL.—The Secretary, in cooperation with the 
District, may participate in the planning, design, and construc-
tion of the Project.
H. R. 146—329 
(2) AGREEMENTS AND REGULATIONS.—The Secretary may 
enter into such agreements and promulgate such regulations 
as are necessary to carry out this subsection. 
(3) FEDERAL SHARE.— 
(A) PLANNING, DESIGN, CONSTRUCTION.—The Federal 
share of the cost to plan, design, and construct the Project 
shall not exceed the lesser of— 
(i) an amount equal to 25 percent of the total 
cost of the Project; and 
(ii) $26,000,000. 
(B) STUDIES.—The Federal share of the cost to complete 
the necessary planning studies associated with the 
Project— 
(i) shall not exceed an amount equal to 50 percent 
of the total cost of the studies; and 
(ii) shall be included as part of the limitation 
described in subparagraph (A). 
(4) IN-KIND SERVICES.—The non-Federal share of the cost 
of the Project may be provided in cash or in kind. 
(5) LIMITATION.—Funds provided by the Secretary under 
this subsection shall not be used for operation or maintenance 
of the Project. 
(6) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection the lesser of— 
(A) an amount equal to 25 percent of the total cost 
of the Project; and 
(B) $26,000,000. 
SEC. 9113. GREAT PROJECT, CALIFORNIA. 
(a) IN GENERAL.—The Reclamation Wastewater and Ground-
water Study and Facilities Act (title XVI of Public Law 102–575; 
43 U.S.C. 390h et seq.) (as amended by section 9111(b)(1)) is 
amended by adding at the end the following: 
‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, REUSE, AND 
TREATMENT PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
City of Oxnard, California, may participate in the design, planning, 
and construction of Phase I permanent facilities for the GREAT 
project to reclaim, reuse, and treat impaired water in the area 
of Oxnard, California. 
‘‘(b) COST SHARE.—The Federal share of the costs of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost. 
‘‘(c) LIMITATION.—The Secretary shall not provide funds for 
the following: 
‘‘(1) The operations and maintenance of the project 
described in subsection (a). 
‘‘(2) The construction, operations, and maintenance of the 
visitor’s center related to the project described in subsection 
(a). 
‘‘(d) SUNSET OF AUTHORITY.—The authority of the Secretary 
to carry out any provisions of this section shall terminate 10 years 
after the date of the enactment of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections in section 
2 of the Reclamation Projects Authorization and Adjustment Act
H. R. 146—330 
of 1992 (as amended by section 9111(b)(2)) is amended by inserting 
after the last item the following: 
‘‘Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment project.’’. 
SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA. 
(a) IN GENERAL.—The Reclamation Wastewater and Ground-
water Study and Facilities Act (Public Law 102–575, title XVI; 
43 U.S.C. 390h et seq.) (as amended by section 9113(a)) is amended 
by adding at the end the following: 
‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL 
PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
Yucaipa Valley Water District, may participate in the design, plan-
ning, and construction of projects to treat impaired surface water, 
reclaim and reuse impaired groundwater, and provide brine disposal 
within the Santa Ana Watershed as described in the report sub-
mitted under section 1606. 
‘‘(b) COST SHARING.—The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 
be used for operation or maintenance of the project described in 
subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $20,000,000. 
‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER 
RECYCLING AND REUSE PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 
City of Corona Water Utility, California, is authorized to participate 
in the design, planning, and construction of, and land acquisition 
for, a project to reclaim and reuse wastewater, including degraded 
groundwaters, within and outside of the service area of the City 
of Corona Water Utility, California. 
‘‘(b) COST SHARE.—The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project. 
‘‘(c) LIMITATION.—The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.’’. 
(b) CONFORMING AMENDMENTS.—The table of sections in section 
2 of Public Law 102–575 (as amended by section 9114(b)) is 
amended by inserting after the last item the following: 
‘‘Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project. 
‘‘Sec. 1656. City of Corona Water Utility, California, water recycling and reuse 
project.’’. 
SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO. 
(a) COST SHARE.—The first section of Public Law 87–590 (76 
Stat. 389) is amended in the second sentence of subsection (c) 
by inserting after ‘‘cost thereof,’’ the following: ‘‘or in the case 
of the Arkansas Valley Conduit, payment in an amount equal 
to 35 percent of the cost of the conduit that is comprised of revenue 
generated by payments pursuant to a repayment contract and rev-
enue that may be derived from contracts for the use of Fryingpan- 
Arkansas project excess capacity or exchange contracts using 
Fryingpan-Arkansas project facilities,’’.
H. R. 146—331 
(b) RATES.—Section 2(b) of Public Law 87–590 (76 Stat. 390) 
is amended— 
(1) by striking ‘‘(b) Rates’’ and inserting the following: 
‘‘(b) RATES.— 
‘‘(1) IN GENERAL.—Rates’’; and 
(2) by adding at the end the following: 
‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN VALLEY PIPELINE, 
AND SOUTH OUTLET WORKS AT PUEBLO DAM AND RESERVOIR.— 
‘‘(A) IN
GENERAL.—Notwithstanding the reclamation 
laws, until the date on which the payments for the 
Arkansas Valley Conduit under paragraph (3) begin, any 
revenue that may be derived from contracts for the use 
of Fryingpan-Arkansas project excess capacity or exchange 
contracts using Fryingpan-Arkansas project facilities shall 
be credited towards payment of the actual cost of Ruedi 
Dam and Reservoir, the Fountain Valley Pipeline, and 
the South Outlet Works at Pueblo Dam and Reservoir 
plus interest in an amount determined in accordance with 
this section. 
‘‘(B) EFFECT.—Nothing in the Federal reclamation law 
(the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
and Acts supplemental to and amendatory of that Act 
(43 U.S.C. 371 et seq.)) prohibits the concurrent crediting 
of revenue (with interest as provided under this section) 
towards payment of the Arkansas Valley Conduit as pro-
vided under this paragraph. 
‘‘(3) ARKANSAS VALLEY CONDUIT.— 
‘‘(A) USE OF REVENUE.—Notwithstanding the reclama-
tion laws, any revenue derived from contracts for the use 
of Fryingpan-Arkansas project excess capacity or exchange 
contracts using Fryingpan-Arkansas project facilities shall 
be credited towards payment of the actual cost of the 
Arkansas Valley Conduit plus interest in an amount deter-
mined in accordance with this section. 
‘‘(B) ADJUSTMENT OF RATES.—Any rates charged under 
this section for water for municipal, domestic, or industrial 
use or for the use of facilities for the storage or delivery 
of water shall be adjusted to reflect the estimated revenue 
derived from contracts for the use of Fryingpan-Arkansas 
project excess capacity or exchange contracts using 
Fryingpan-Arkansas project facilities.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 7 of Public 
Law 87–590 (76 Stat. 393) is amended— 
(1) by striking ‘‘SEC. 7. There is hereby’’ and inserting 
the following: 
‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There is’’; and 
(2) by adding at the end the following: 
‘‘(b) ARKANSAS VALLEY CONDUIT.— 
‘‘(1) IN GENERAL.—Subject to annual appropriations and 
paragraph (2), there are authorized to be appropriated such 
sums as are necessary for the construction of the Arkansas 
Valley Conduit. 
‘‘(2) LIMITATION.—Amounts made available under para-
graph (1) shall not be used for the operation or maintenance 
of the Arkansas Valley Conduit.’’.
H. R. 146—332 
Subtitle C—Title Transfers and 
Clarifications 
SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means the agree-
ment numbered 06–AG–60–2115 and entitled ‘‘Agreement 
Between the United States of America and McGee Creek 
Authority for the Purpose of Defining Responsibilities Related 
to and Implementing the Title Transfer of Certain Facilities 
at the McGee Creek Project, Oklahoma’’. 
(2) AUTHORITY.—The term ‘‘Authority’’ means the McGee 
Creek Authority located in Oklahoma City, Oklahoma. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) CONVEYANCE OF MCGEE CREEK PROJECT PIPELINE AND ASSO-
CIATED FACILITIES.— 
(1) AUTHORITY TO CONVEY.— 
(A) IN
GENERAL.—In accordance with all applicable 
laws and consistent with any terms and conditions provided 
in the Agreement, the Secretary may convey to the 
Authority all right, title, and interest of the United States 
in and to the pipeline and any associated facilities described 
in the Agreement, including— 
(i) the pumping plant; 
(ii) the raw water pipeline from the McGee Creek 
pumping plant to the rate of flow control station at 
Lake Atoka; 
(iii) the surge tank; 
(iv) the regulating tank; 
(v) the McGee Creek operation and maintenance 
complex, maintenance shop, and pole barn; and 
(vi) any other appurtenances, easements, and fee 
title land associated with the facilities described in 
clauses (i) through (v), in accordance with the Agree-
ment. 
(B) EXCLUSION
OF
MINERAL
ESTATE
FROM
CONVEY-
ANCE.— 
(i) IN
GENERAL.—The mineral estate shall be 
excluded from the conveyance of any land or facilities 
under subparagraph (A). 
(ii) MANAGEMENT.—Any mineral interests retained 
by the United States under this section shall be man-
aged— 
(I) consistent with Federal law; and 
(II) in a manner that would not interfere with 
the purposes for which the McGee Creek Project 
was authorized. 
(C) COMPLIANCE WITH AGREEMENT; APPLICABLE LAW.— 
(i) AGREEMENT.—All parties to the conveyance 
under subparagraph (A) shall comply with the terms 
and conditions of the Agreement, to the extent con-
sistent with this section. 
(ii) APPLICABLE
LAW.—Before any conveyance 
under subparagraph (A), the Secretary shall complete 
any actions required under—
H. R. 146—333 
(I) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(II) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(III) the National Historic Preservation Act 
(16 U.S.C. 470 et seq.); and 
(IV) any other applicable laws. 
(2) OPERATION OF TRANSFERRED FACILITIES.— 
(A) IN GENERAL.—On the conveyance of the land and 
facilities under paragraph (1)(A), the Authority shall 
comply with all applicable Federal, State, and local laws 
(including regulations) in the operation of any transferred 
facilities. 
(B) OPERATION AND MAINTENANCE COSTS.— 
(i) IN GENERAL.—After the conveyance of the land 
and facilities under paragraph (1)(A) and consistent 
with the Agreement, the Authority shall be responsible 
for all duties and costs associated with the operation, 
replacement, maintenance, enhancement, and better-
ment of the transferred land and facilities. 
(ii) LIMITATION ON FUNDING.—The Authority shall 
not be eligible to receive any Federal funding to assist 
in the operation, replacement, maintenance, enhance-
ment, and betterment of the transferred land and facili-
ties, except for funding that would be available to 
any comparable entity that is not subject to reclama-
tion laws. 
(3) RELEASE FROM LIABILITY.— 
(A) IN GENERAL.—Effective beginning on the date of 
the conveyance of the land and facilities under paragraph 
(1)(A), the United States shall not be liable for damages 
of any kind arising out of any act, omission, or occurrence 
relating to any land or facilities conveyed, except for dam-
ages caused by acts of negligence committed by the United 
States (including any employee or agent of the United 
States) before the date of the conveyance. 
(B) NO ADDITIONAL LIABILITY.—Nothing in this para-
graph adds to any liability that the United States may 
have under chapter 171 of title 28, United States Code. 
(4) CONTRACTUAL OBLIGATIONS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), any rights and obligations under the contract num-
bered 0–07–50–X0822 and dated October 11, 1979, between 
the Authority and the United States for the construction, 
operation, and maintenance of the McGee Creek Project, 
shall remain in full force and effect. 
(B) AMENDMENTS.—With the consent of the Authority, 
the Secretary may amend the contract described in 
subparagraph (A) to reflect the conveyance of the land 
and facilities under paragraph (1)(A). 
(5) APPLICABILITY OF THE RECLAMATION LAWS.—Notwith-
standing the conveyance of the land and facilities under para-
graph (1)(A), the reclamation laws shall continue to apply to 
any project water provided to the Authority.
H. R. 146—334 
SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE 
CLARIFICATION. 
(a) PURPOSE.—The purpose of this section is to direct the Sec-
retary of the Interior to issue a quitclaim deed conveying any 
right, title, and interest the United States may have in and to 
Tingley Beach, San Gabriel Park, or the BioPark Parcels to the 
City, thereby removing a potential cloud on the City’s title to 
these lands. 
(b) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means the City of Albuquerque, 
New Mexico. 
(2) BIOPARK PARCELS.—The term ‘‘BioPark Parcels’’ means 
a certain area of land containing 19.16 acres, more or less, 
situated within the Town of Albuquerque Grant, in Projected 
Section 13, Township 10 North, Range 2 East, N.M.P.M., City 
of Albuquerque, Bernalillo County, New Mexico, comprised of 
the following platted tracts and lot, and MRGCD tracts: 
(A) Tracts A and B, Albuquerque Biological Park, as 
the same are shown and designated on the Plat of Tracts 
A & B, Albuquerque Biological Park, recorded in the Office 
of the County Clerk of Bernalillo County, New Mexico 
on February 11, 1994 in Book 94C, Page 44; containing 
17.9051 acres, more or less. 
(B) Lot B–1, Roger Cox Addition, as the same is shown 
and designated on the Plat of Lots B–1 and B–2 Roger 
Cox Addition, recorded in the Office of the County Clerk 
of Bernalillo County, New Mexico on October 3, 1985 in 
Book C28, Page 99; containing 0.6289 acres, more or less. 
(C) Tract 361 of MRGCD Map 38, bounded on the 
north by Tract A, Albuquerque Biological Park, on the 
east by the westerly right-of-way of Central Avenue, on 
the south by Tract 332B MRGCD Map 38, and on the 
west by Tract B, Albuquerque Biological Park; containing 
0.30 acres, more or less. 
(D) Tract 332B of MRGCD Map 38; bounded on the 
north by Tract 361, MRGCD Map 38, on the west by 
Tract 32A–1–A, MRGCD Map 38, and on the south and 
east by the westerly right-of-way of Central Avenue; con-
taining 0.25 acres, more or less. 
(E) Tract 331A–1A of MRGCD Map 38, bounded on 
the west by Tract B, Albuquerque Biological Park, on the 
east by Tract 332B, MRGCD Map 38, and on the south 
by the westerly right-of-way of Central Avenue and Tract 
A, Albuquerque Biological Park; containing 0.08 acres, 
more or less. 
(3) MIDDLE
RIO
GRANDE
CONSERVANCY
DISTRICT.—The 
terms ‘‘Middle Rio Grande Conservancy District’’ and ‘‘MRGCD’’ 
mean a political subdivision of the State of New Mexico, created 
in 1925 to provide and maintain flood protection and drainage, 
and maintenance of ditches, canals, and distribution systems 
for irrigation and water delivery and operations in the Middle 
Rio Grande Valley. 
(4) MIDDLE RIO GRANDE PROJECT.—The term ‘‘Middle Rio 
Grande Project’’ means the works associated with water deliv-
eries and operations in the Rio Grande basin as authorized 
by the Flood Control Act of 1948 (Public Law 80–858; 62
H. R. 146—335 
Stat. 1175) and the Flood Control Act of 1950 (Public Law 
81–516; 64 Stat. 170). 
(5) SAN
GABRIEL
PARK.—The term ‘‘San Gabriel Park’’ 
means the tract of land containing 40.2236 acres, more or 
less, situated within Section 12 and Section 13, T10N, R2E, 
N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, 
and described by New Mexico State Plane Grid Bearings (Cen-
tral Zone) and ground distances in a Special Warranty Deed 
conveying the property from MRGCD to the City, dated 
November 25, 1997. 
(6) TINGLEY BEACH.—The term ‘‘Tingley Beach’’ means the 
tract of land containing 25.2005 acres, more or less, situated 
within Section 13 and Section 24, T10N, R2E, and secs. 18 
and 19, T10N, R3E, N.M.P.M., City of Albuquerque, Bernalillo 
County, New Mexico, and described by New Mexico State Plane 
Grid Bearings (Central Zone) and ground distances in a Special 
Warranty Deed conveying the property from MRGCD to the 
City, dated November 25, 1997. 
(c) CLARIFICATION OF PROPERTY INTEREST.— 
(1) REQUIRED ACTION.—The Secretary of the Interior shall 
issue a quitclaim deed conveying any right, title, and interest 
the United States may have in and to Tingley Beach, San 
Gabriel Park, and the BioPark Parcels to the City. 
(2) TIMING.—The Secretary shall carry out the action in 
paragraph (1) as soon as practicable after the date of enactment 
of this Act and in accordance with all applicable law. 
(3) NO
ADDITIONAL
PAYMENT.—The City shall not be 
required to pay any additional costs to the United States for 
the value of San Gabriel Park, Tingley Beach, and the BioPark 
Parcels. 
(d) OTHER RIGHTS, TITLE, AND INTERESTS UNAFFECTED.— 
(1) IN
GENERAL.—Except as expressly provided in sub-
section (c), nothing in this section shall be construed to affect 
any right, title, or interest in and to any land associated with 
the Middle Rio Grande Project. 
(2) ONGOING LITIGATION.—Nothing contained in this section 
shall be construed or utilized to affect or otherwise interfere 
with any position set forth by any party in the lawsuit pending 
before the United States District Court for the District of New 
Mexico, 99–CV–01320–JAP–RHS, entitled Rio Grande Silvery 
Minnow v. John W. Keys, III, concerning the right, title, or 
interest in and to any property associated with the Middle 
Rio Grande Project. 
SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM, 
CALIFORNIA. 
(a) DEFINITIONS.—In this section: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means Agreement 
No. 07–LC–20–9387 between the United States and the Dis-
trict, entitled ‘‘Agreement Between the United States and the 
Goleta Water District to Transfer Title of the Federally Owned 
Distribution System to the Goleta Water District’’. 
(2) DISTRICT.—The term ‘‘District’’ means the Goleta Water 
District, located in Santa Barbara County, California. 
(3) GOLETA
WATER
DISTRIBUTION
SYSTEM.—The term 
‘‘Goleta Water Distribution System’’ means the facilities con-
structed by the United States to enable the District to convey
H. R. 146—336 
water to its water users, and associated lands, as described 
in Appendix A of the Agreement. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(b) CONVEYANCE
OF
THE
GOLETA
WATER
DISTRIBUTION 
SYSTEM.—The Secretary is authorized to convey to the District 
all right, title, and interest of the United States in and to the 
Goleta Water Distribution System of the Cachuma Project, Cali-
fornia, subject to valid existing rights and consistent with the 
terms and conditions set forth in the Agreement. 
(c) LIABILITY.—Effective upon the date of the conveyance 
authorized by subsection (b), the United States shall not be held 
liable by any court for damages of any kind arising out of any 
act, omission, or occurrence relating to the lands, buildings, or 
facilities conveyed under this section, except for damages caused 
by acts of negligence committed by the United States or by its 
employees or agents prior to the date of conveyance. Nothing in 
this section increases the liability of the United States beyond 
that provided in chapter 171 of title 28, United States Code (popu-
larly known as the Federal Tort Claims Act). 
(d) BENEFITS.—After conveyance of the Goleta Water Distribu-
tion System under this section— 
(1) such distribution system shall not be considered to 
be a part of a Federal reclamation project; and 
(2) the District shall not be eligible to receive any benefits 
with respect to any facility comprising the Goleta Water Dis-
tribution System, except benefits that would be available to 
a similarly situated entity with respect to property that is 
not part of a Federal reclamation project. 
(e) COMPLIANCE WITH OTHER LAWS.— 
(1) COMPLIANCE
WITH
ENVIRONMENTAL
AND
HISTORIC 
PRESERVATION LAWS.—Prior to any conveyance under this sec-
tion, the Secretary shall complete all actions required under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.), the National Historic Preservation Act (16 U.S.C. 470 
et seq.), and all other applicable laws. 
(2) COMPLIANCE BY THE DISTRICT.—Upon the conveyance 
of the Goleta Water Distribution System under this section, 
the District shall comply with all applicable Federal, State, 
and local laws and regulations in its operation of the facilities 
that are transferred. 
(3) APPLICABLE AUTHORITY.—All provisions of Federal rec-
lamation law (the Act of June 17, 1902 (43 U.S.C. 371 et 
seq.) and Acts supplemental to and amendatory of that Act) 
shall continue to be applicable to project water provided to 
the District. 
(f) REPORT.—If, 12 months after the date of the enactment 
of this Act, the Secretary has not completed the conveyance required 
under subsection (b), the Secretary shall complete a report that 
states the reason the conveyance has not been completed and the 
date by which the conveyance shall be completed. The Secretary 
shall submit a report required under this subsection to Congress 
not later than 14 months after the date of the enactment of this 
Act.
H. R. 146—337 
Subtitle D—San Gabriel Basin Restoration 
Fund 
SEC. 9301. RESTORATION FUND. 
Section 110 of division B of the Miscellaneous Appropriations 
Act, 2001 (114 Stat. 2763A–222), as enacted into law by section 
1(a)(4) of the Consolidated Appropriations Act, 2001 (Public Law 
106–554, as amended by Public Law 107–66), is further amended— 
(1) in subsection (a)(3)(B), by inserting after clause (iii) 
the following: 
‘‘(iv) NON-FEDERAL MATCH.—After $85,000,000 has 
cumulatively been appropriated under subsection 
(d)(1), the remainder of Federal funds appropriated 
under subsection (d) shall be subject to the following 
matching requirement: 
‘‘(I) SAN
GABRIEL
BASIN
WATER
QUALITY 
AUTHORITY.—The San Gabriel Basin Water Quality 
Authority shall be responsible for providing a 35 
percent non-Federal match for Federal funds made 
available to the Authority under this Act. 
‘‘(II) CENTRAL
BASIN
MUNICIPAL
WATER
DIS-
TRICT.—The Central Basin Municipal Water Dis-
trict shall be responsible for providing a 35 percent 
non-Federal match for Federal funds made avail-
able to the District under this Act.’’; 
(2) in subsection (a), by adding at the end the following: 
‘‘(4) INTEREST
ON
FUNDS
IN
RESTORATION
FUND.—No 
amounts appropriated above the cumulative amount of 
$85,000,000 to the Restoration Fund under subsection (d)(1) 
shall be invested by the Secretary of the Treasury in interest- 
bearing securities of the United States.’’; and 
(3) by amending subsection (d) to read as follows: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be appropriated 
to the Restoration Fund established under subsection (a) 
$146,200,000. 
Such 
funds 
shall 
remain 
available 
until 
expended. 
‘‘(2) SET-ASIDE.—Of the amounts appropriated under para-
graph (1), no more than $21,200,000 shall be made available 
to carry out the Central Basin Water Quality Project.’’. 
Subtitle E—Lower Colorado River Multi- 
Species Conservation Program 
SEC. 9401. DEFINITIONS. 
In this subtitle: 
(1) LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION 
PROGRAM.—The term ‘‘Lower Colorado River Multi-Species Con-
servation Program’’ or ‘‘LCR MSCP’’ means the cooperative 
effort on the Lower Colorado River between Federal and non- 
Federal entities in Arizona, California, and Nevada approved 
by the Secretary of the Interior on April 2, 2005. 
(2) LOWER COLORADO RIVER.—The term ‘‘Lower Colorado 
River’’ means the segment of the Colorado River within the
H. R. 146—338 
planning area as provided in section 2(B) of the Implementing 
Agreement, a Program Document. 
(3) PROGRAM
DOCUMENTS.—The term ‘‘Program Docu-
ments’’ means the Habitat Conservation Plan, Biological Assess-
ment and Biological and Conference Opinion, Environmental 
Impact Statement/Environmental Impact Report, Funding and 
Management Agreement, Implementing Agreement, and Sec-
tion 10(a)(1)(B) Permit issued and, as applicable, executed in 
connection with the LCR MSCP, and any amendments or suc-
cessor documents that are developed consistent with existing 
agreements and applicable law. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(5) STATE.—The term ‘‘State’’ means each of the States 
of Arizona, California, and Nevada. 
SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING. 
(a) IMPLEMENTATION.—The Secretary is authorized to manage 
and implement the LCR MSCP in accordance with the Program 
Documents. 
(b) WATER ACCOUNTING.—The Secretary is authorized to enter 
into an agreement with the States providing for the use of water 
from the Lower Colorado River for habitat creation and maintenance 
in accordance with the Program Documents. 
SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS. 
(a) IN GENERAL.—Due to the unique conditions of the Colorado 
River, any party to the Funding and Management Agreement or 
the Implementing Agreement, and any permittee under the Section 
10(a)(1)(B) Permit, may commence a civil action in United States 
district court to adjudicate, confirm, validate or decree the rights 
and obligations of the parties under those Program Documents. 
(b) JURISDICTION.—The district court shall have jurisdiction 
over such actions and may issue such orders, judgments, and 
decrees as are consistent with the court’s exercise of jurisdiction 
under this section. 
(c) UNITED STATES AS DEFENDANT.— 
(1) IN GENERAL.—The United States or any agency of the 
United States may be named as a defendant in such actions. 
(2) SOVEREIGN IMMUNITY.—Subject to paragraph (3), the 
sovereign immunity of the United States is waived for purposes 
of actions commenced pursuant to this section. 
(3) NONWAIVER FOR CERTAIN CLAIMS.—Nothing in this sec-
tion waives the sovereign immunity of the United States to 
claims for money damages, monetary compensation, the provi-
sion of indemnity, or any claim seeking money from the United 
States. 
(d) RIGHTS UNDER FEDERAL AND STATE LAW.— 
(1) IN GENERAL.—Except as specifically provided in this 
section, nothing in this section limits any rights or obligations 
of any party under Federal or State law. 
(2) APPLICABILITY TO LOWER COLORADO RIVER MULTI-SPE-
CIES CONSERVATION PROGRAM.—This section— 
(A) shall apply only to the Lower Colorado River Multi- 
Species Conservation Program; and 
(B) shall not affect the terms of, or rights or obligations 
under, any other conservation plan created pursuant to 
any Federal or State law.
H. R. 146—339 
(e) VENUE.—Any suit pursuant to this section may be brought 
in any United States district court in the State in which any 
non-Federal party to the suit is situated. 
SEC. 9404. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appropriated to 
the Secretary such sums as may be necessary to meet the obliga-
tions of the Secretary under the Program Documents, to remain 
available until expended. 
(b) NON-REIMBURSABLE AND NON-RETURNABLE.—All amounts 
appropriated to and expended by the Secretary for the LCR MSCP 
shall be non-reimbursable and non-returnable. 
Subtitle F—Secure Water 
SEC. 9501. FINDINGS. 
Congress finds that— 
(1) adequate and safe supplies of water are fundamental 
to the health, economy, security, and ecology of the United 
States; 
(2) systematic data-gathering with respect to, and research 
and development of, the water resources of the United States 
will help ensure the continued existence of sufficient quantities 
of water to support— 
(A) increasing populations; 
(B) economic growth; 
(C) irrigated agriculture; 
(D) energy production; and 
(E) the protection of aquatic ecosystems; 
(3) global climate change poses a significant challenge to 
the protection and use of the water resources of the United 
States due to an increased uncertainty with respect to the 
timing, form, and geographical distribution of precipitation, 
which may have a substantial effect on the supplies of water 
for agricultural, hydroelectric power, industrial, domestic 
supply, and environmental needs; 
(4) although States bear the primary responsibility and 
authority for managing the water resources of the United 
States, the Federal Government should support the States, 
as well as regional, local, and tribal governments, by carrying 
out— 
(A) nationwide data collection and monitoring activi-
ties; 
(B) relevant research; and 
(C) activities to increase the efficiency of the use of 
water in the United States; 
(5) Federal agencies that conduct water management and 
related activities have a responsibility— 
(A) to take a lead role in assessing risks to the water 
resources of the United States (including risks posed by 
global climate change); and 
(B) to develop strategies— 
(i) to mitigate the potential impacts of each risk 
described in subparagraph (A); and
H. R. 146—340 
(ii) to help ensure that the long-term water 
resources management of the United States is sustain-
able and will ensure sustainable quantities of water; 
(6) it is critical to continue and expand research and moni-
toring efforts— 
(A) to improve the understanding of the variability 
of the water cycle; and 
(B) to provide basic information necessary— 
(i) to manage and efficiently use the water 
resources of the United States; and 
(ii) to identify new supplies of water that are 
capable of being reclaimed; and 
(7) the study of water use is vital— 
(A) to the understanding of the impacts of human 
activity on water and ecological resources; and 
(B) to the assessment of whether available surface 
and groundwater supplies will be available to meet the 
future needs of the United States. 
SEC. 9502. DEFINITIONS. 
In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the National Oceanic and Atmospheric 
Administration. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 
means the National Advisory Committee on Water Information 
established— 
(A) under the Office of Management and Budget Cir-
cular 92–01; and 
(B) to coordinate water data collection activities. 
(3) ASSESSMENT
PROGRAM.—The term ‘‘assessment pro-
gram’’ means the water availability and use assessment pro-
gram established by the Secretary under section 9508(a). 
(4) CLIMATE DIVISION.—The term ‘‘climate division’’ means 
1 of the 359 divisions in the United States that represents 
2 or more regions located within a State that are as climatically 
homogeneous as possible, as determined by the Administrator. 
(5) COMMISSIONER.—The term ‘‘Commissioner’’ means the 
Commissioner of Reclamation. 
(6) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the United States Geological Survey. 
(7) ELIGIBLE
APPLICANT.—The term ‘‘eligible applicant’’ 
means any State, Indian tribe, irrigation district, water district, 
or other organization with water or power delivery authority. 
(8) FEDERAL
POWER
MARKETING
ADMINISTRATION.—The 
term ‘‘Federal Power Marketing Administration’’ means— 
(A) the Bonneville Power Administration; 
(B) the Southeastern Power Administration; 
(C) the Southwestern Power Administration; and 
(D) the Western Area Power Administration. 
(9) HYDROLOGIC ACCOUNTING UNIT.—The term ‘‘hydrologic 
accounting unit’’ means 1 of the 352 river basin hydrologic 
accounting units used by the United States Geological Survey. 
(10) INDIAN
TRIBE.—The term ‘‘Indian tribe’’ has the 
meaning given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450b).
H. R. 146—341 
(11) MAJOR
AQUIFER
SYSTEM.—The term ‘‘major aquifer 
system’’ means a groundwater system that is— 
(A) identified as a significant groundwater system by 
the Director; and 
(B) included in the Groundwater Atlas of the United 
States, published by the United States Geological Survey. 
(12) MAJOR RECLAMATION RIVER BASIN.— 
(A) IN GENERAL.—The term ‘‘major reclamation river 
basin’’ means each major river system (including tribu-
taries)— 
(i) that is located in a service area of the Bureau 
of Reclamation; and 
(ii) at which is located a federally authorized 
project of the Bureau of Reclamation. 
(B) INCLUSIONS.—The term ‘‘major reclamation river 
basin’’ includes— 
(i) the Colorado River; 
(ii) the Columbia River; 
(iii) the Klamath River; 
(iv) the Missouri River; 
(v) the Rio Grande; 
(vi) the Sacramento River; 
(vii) the San Joaquin River; and 
(viii) the Truckee River. 
(13) NON-FEDERAL
PARTICIPANT.—The term ‘‘non-Federal 
participant’’ means— 
(A) a State, regional, or local authority; 
(B) an Indian tribe or tribal organization; or 
(C) any other qualifying entity, such as a water con-
servation district, water conservancy district, or rural water 
district or association, or a nongovernmental organization. 
(14) PANEL.—The term ‘‘panel’’ means the climate change 
and water intragovernmental panel established by the Sec-
retary under section 9506(a). 
(15) PROGRAM.—The term ‘‘program’’ means the regional 
integrated sciences and assessments program— 
(A) established by the Administrator; and 
(B) that is comprised of 8 regional programs that use 
advances in integrated climate sciences to assist decision-
making processes. 
(16) SECRETARY.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘‘Secretary’’ means the Secretary of the 
Interior. 
(B) EXCEPTIONS.—The term ‘‘Secretary’’ means— 
(i) in the case of sections 9503, 9504, and 9509, 
the Secretary of the Interior (acting through the 
Commissioner); and 
(ii) in the case of sections 9507 and 9508, the 
Secretary of the Interior (acting through the Director). 
(17) SERVICE AREA.—The term ‘‘service area’’ means any 
area that encompasses a watershed that contains a federally 
authorized reclamation project that is located in any State 
or area described in the first section of the Act of June 17, 
1902 (43 U.S.C. 391).
H. R. 146—342 
SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a climate 
change adaptation program— 
(1) to coordinate with the Administrator and other appro-
priate agencies to assess each effect of, and risk resulting 
from, global climate change with respect to the quantity of 
water resources located in a service area; and 
(2) to ensure, to the maximum extent possible, that strate-
gies are developed at watershed and aquifer system scales 
to address potential water shortages, conflicts, and other 
impacts to water users located at, and the environment of, 
each service area. 
(b) REQUIRED
ELEMENTS.—In carrying out the program 
described in subsection (a), the Secretary shall— 
(1) coordinate with the United States Geological Survey, 
the National Oceanic and Atmospheric Administration, the pro-
gram, and each appropriate State water resource agency, to 
ensure that the Secretary has access to the best available 
scientific information with respect to presently observed and 
projected future impacts of global climate change on water 
resources; 
(2) assess specific risks to the water supply of each major 
reclamation river basin, including any risk relating to— 
(A) a change in snowpack; 
(B) changes in the timing and quantity of runoff; 
(C) changes in groundwater recharge and discharge; 
and 
(D) any increase in— 
(i) the demand for water as a result of increasing 
temperatures; and 
(ii) the rate of reservoir evaporation; 
(3) with respect to each major reclamation river basin, 
analyze the extent to which changes in the water supply of 
the United States will impact— 
(A) the ability of the Secretary to deliver water to 
the contractors of the Secretary; 
(B) hydroelectric power generation facilities; 
(C) recreation at reclamation facilities; 
(D) fish and wildlife habitat; 
(E) applicable species listed as an endangered, threat-
ened, or candidate species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.); 
(F) water quality issues (including salinity levels of 
each major reclamation river basin); 
(G) flow and water dependent ecological resiliency; and 
(H) flood control management; 
(4) in consultation with appropriate non-Federal partici-
pants, consider and develop appropriate strategies to mitigate 
each impact of water supply changes analyzed by the Secretary 
under paragraph (3), including strategies relating to— 
(A) the modification of any reservoir storage or oper-
ating guideline in existence as of the date of enactment 
of this Act; 
(B) the development of new water management, oper-
ating, or habitat restoration plans; 
(C) water conservation;
H. R. 146—343 
(D) improved hydrologic models and other decision sup-
port systems; and 
(E) groundwater and surface water storage needs; and 
(5) in consultation with the Director, the Administrator, 
the Secretary of Agriculture (acting through the Chief of the 
Natural Resources Conservation Service), and applicable State 
water resource agencies, develop a monitoring plan to acquire 
and maintain water resources data— 
(A) to strengthen the understanding of water supply 
trends; and 
(B) to assist in each assessment and analysis conducted 
by the Secretary under paragraphs (2) and (3). 
(c) REPORTING.—Not later than 2 years after the date of enact-
ment of this Act, and every 5 years thereafter, the Secretary shall 
submit to the appropriate committees of Congress a report that 
describes— 
(1) each effect of, and risk resulting from, global climate 
change with respect to the quantity of water resources located 
in each major reclamation river basin; 
(2) the impact of global climate change with respect to 
the operations of the Secretary in each major reclamation river 
basin; 
(3) each mitigation and adaptation strategy considered and 
implemented by the Secretary to address each effect of global 
climate change described in paragraph (1); 
(4) each coordination activity conducted by the Secretary 
with— 
(A) the Director; 
(B) the Administrator; 
(C) the Secretary of Agriculture (acting through the 
Chief of the Natural Resources Conservation Service); or 
(D) any appropriate State water resource agency; and 
(5) the implementation by the Secretary of the monitoring 
plan developed under subsection (b)(5). 
(d) FEASIBILITY STUDIES.— 
(1) AUTHORITY OF SECRETARY.—The Secretary, in coopera-
tion with any non-Federal participant, may conduct 1 or more 
studies to determine the feasibility and impact on ecological 
resiliency of implementing each mitigation and adaptation 
strategy described in subsection (c)(3), including the construc-
tion of any water supply, water management, environmental, 
or habitat enhancement water infrastructure that the Secretary 
determines to be necessary to address the effects of global 
climate change on water resources located in each major rec-
lamation river basin. 
(2) COST SHARING.— 
(A) FEDERAL SHARE.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the Federal share of the cost of a study described 
in paragraph (1) shall not exceed 50 percent of the 
cost of the study. 
(ii) EXCEPTION
RELATING
TO
FINANCIAL
HARD-
SHIP.—The Secretary may increase the Federal share 
of the cost of a study described in paragraph (1) to 
exceed 50 percent of the cost of the study if the Sec-
retary determines that, due to a financial hardship, 
the non-Federal participant of the study is unable to
H. R. 146—344 
contribute an amount equal to 50 percent of the cost 
of the study. 
(B) NON-FEDERAL SHARE.—The non-Federal share of 
the cost of a study described in paragraph (1) may be 
provided in the form of any in-kind services that substan-
tially contribute toward the completion of the study, as 
determined by the Secretary. 
(e) NO EFFECT ON EXISTING AUTHORITY.—Nothing in this sec-
tion amends or otherwise affects any existing authority under rec-
lamation laws that govern the operation of any Federal reclamation 
project. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2009 through 2023, to remain avail-
able until expended. 
SEC. 9504. WATER MANAGEMENT IMPROVEMENT. 
(a) AUTHORIZATION
OF
GRANTS
AND
COOPERATIVE
AGREE-
MENTS.— 
(1) AUTHORITY OF SECRETARY.—The Secretary may provide 
any grant to, or enter into an agreement with, any eligible 
applicant to assist the eligible applicant in planning, designing, 
or constructing any improvement— 
(A) to conserve water; 
(B) to increase water use efficiency; 
(C) to facilitate water markets; 
(D) 
to 
enhance 
water 
management, 
including 
increasing the use of renewable energy in the management 
and delivery of water; 
(E) to accelerate the adoption and use of advanced 
water treatment technologies to increase water supply; 
(F) to prevent the decline of species that the United 
States Fish and Wildlife Service and National Marine Fish-
eries Service have proposed for listing under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or 
candidate species that are being considered by those agen-
cies for such listing but are not yet the subject of a proposed 
rule); 
(G) to accelerate the recovery of threatened species, 
endangered species, and designated critical habitats that 
are adversely affected by Federal reclamation projects or 
are subject to a recovery plan or conservation plan under 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) under which the Commissioner of Reclamation has 
implementation responsibilities; or 
(H) to carry out any other activity— 
(i) to address any climate-related impact to the 
water supply of the United States that increases 
ecological resiliency to the impacts of climate change; 
or 
(ii) to prevent any water-related crisis or conflict 
at any watershed that has a nexus to a Federal rec-
lamation project located in a service area. 
(2) APPLICATION.—To be eligible to receive a grant, or enter 
into an agreement with the Secretary under paragraph (1), 
an eligible applicant shall—
H. R. 146—345 
(A) be located within the States and areas referred 
to in the first section of the Act of June 17, 1902 (43 
U.S.C. 391); and 
(B) submit to the Secretary an application that includes 
a proposal of the improvement or activity to be planned, 
designed, constructed, or implemented by the eligible 
applicant. 
(3) REQUIREMENTS OF GRANTS AND COOPERATIVE AGREE-
MENTS.— 
(A) COMPLIANCE WITH REQUIREMENTS.—Each grant and 
agreement entered into by the Secretary with any eligible 
applicant under paragraph (1) shall be in compliance with 
each requirement described in subparagraphs (B) through 
(F). 
(B) AGRICULTURAL OPERATIONS.—In carrying out para-
graph (1), the Secretary shall not provide a grant, or enter 
into an agreement, for an improvement to conserve irriga-
tion water unless the eligible applicant agrees not— 
(i) to use any associated water savings to increase 
the total irrigated acreage of the eligible applicant; 
or 
(ii) to otherwise increase the consumptive use of 
water in the operation of the eligible applicant, as 
determined pursuant to the law of the State in which 
the operation of the eligible applicant is located. 
(C) NONREIMBURSABLE FUNDS.—Any funds provided by 
the Secretary to an eligible applicant through a grant or 
agreement under paragraph (1) shall be nonreimbursable. 
(D) TITLE
TO
IMPROVEMENTS.—If an infrastructure 
improvement to a federally owned facility is the subject 
of a grant or other agreement entered into between the 
Secretary and an eligible applicant under paragraph (1), 
the Federal Government shall continue to hold title to 
the facility and improvements to the facility. 
(E) COST SHARING.— 
(i) FEDERAL SHARE.—The Federal share of the cost 
of any infrastructure improvement or activity that is 
the subject of a grant or other agreement entered into 
between the Secretary and an eligible applicant under 
paragraph (1) shall not exceed 50 percent of the cost 
of the infrastructure improvement or activity. 
(ii) CALCULATION OF NON-FEDERAL SHARE.—In cal-
culating the non-Federal share of the cost of an infra-
structure improvement or activity proposed by an 
eligible applicant through an application submitted by 
the eligible applicant under paragraph (2), the Sec-
retary shall— 
(I) consider the value of any in-kind services 
that substantially contributes toward the comple-
tion of the improvement or activity, as determined 
by the Secretary; and 
(II) not consider any other amount that the 
eligible applicant receives from a Federal agency. 
(iii) MAXIMUM AMOUNT.—The amount provided to 
an eligible applicant through a grant or other agree-
ment under paragraph (1) shall be not more than 
$5,000,000.
H. R. 146—346 
(iv) OPERATION
AND
MAINTENANCE
COSTS.—The 
non-Federal share of the cost of operating and 
maintaining any infrastructure improvement that is 
the subject of a grant or other agreement entered into 
between the Secretary and an eligible applicant under 
paragraph (1) shall be 100 percent. 
(F) LIABILITY.— 
(i) IN GENERAL.—Except as provided under chapter 
171 of title 28, United States Code (commonly known 
as the ‘‘Federal Tort Claims Act’’), the United States 
shall not be liable for monetary damages of any kind 
for any injury arising out of an act, omission, or occur-
rence that arises in relation to any facility created 
or improved under this section, the title of which is 
not held by the United States. 
(ii) TORT
CLAIMS
ACT.—Nothing in this section 
increases the liability of the United States beyond that 
provided in chapter 171 of title 28, United States Code 
(commonly known as the ‘‘Federal Tort Claims Act’’). 
(b) RESEARCH AGREEMENTS.— 
(1) AUTHORITY OF SECRETARY.—The Secretary may enter 
into 1 or more agreements with any university, nonprofit 
research institution, or organization with water or power 
delivery authority to fund any research activity that is 
designed— 
(A) to conserve water resources; 
(B) to increase the efficiency of the use of water 
resources; or 
(C) to enhance the management of water resources, 
including increasing the use of renewable energy in the 
management and delivery of water. 
(2) TERMS AND CONDITIONS OF SECRETARY.— 
(A) IN GENERAL.—An agreement entered into between 
the Secretary and any university, institution, or organiza-
tion described in paragraph (1) shall be subject to such 
terms and conditions as the Secretary determines to be 
appropriate. 
(B) AVAILABILITY.—The agreements under this sub-
section shall be available to all Reclamation projects and 
programs that may benefit from project-specific or pro-
grammatic cooperative research and development. 
(c) MUTUAL BENEFIT.—Grants or other agreements made under 
this section may be for the mutual benefit of the United States 
and the entity that is provided the grant or enters into the coopera-
tive agreement. 
(d) RELATIONSHIP TO PROJECT-SPECIFIC AUTHORITY.—This sec-
tion shall not supersede any existing project-specific funding 
authority. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $200,000,000, to remain 
available until expended. 
SEC. 9505. HYDROELECTRIC POWER ASSESSMENT. 
(a) DUTY OF SECRETARY OF ENERGY.—The Secretary of Energy, 
in consultation with the Administrator of each Federal Power Mar-
keting Administration, shall assess each effect of, and risk resulting 
from, global climate change with respect to water supplies that
H. R. 146—347 
are required for the generation of hydroelectric power at each 
Federal water project that is applicable to a Federal Power Mar-
keting Administration. 
(b) ACCESS TO APPROPRIATE DATA.— 
(1) IN GENERAL.—In carrying out each assessment under 
subsection (a), the Secretary of Energy shall consult with the 
United States Geological Survey, the National Oceanic and 
Atmospheric Administration, the program, and each appro-
priate State water resource agency, to ensure that the Secretary 
of Energy has access to the best available scientific information 
with respect to presently observed impacts and projected future 
impacts of global climate change on water supplies that are 
used to produce hydroelectric power. 
(2) ACCESS TO DATA FOR CERTAIN ASSESSMENTS.—In car-
rying out each assessment under subsection (a), with respect 
to the Bonneville Power Administration and the Western Area 
Power Administration, the Secretary of Energy shall consult 
with the Commissioner to access data and other information 
that— 
(A) is collected by the Commissioner; and 
(B) the Secretary of Energy determines to be necessary 
for the conduct of the assessment. 
(c) REPORT.—Not later than 2 years after the date of enactment 
of this Act, and every 5 years thereafter, the Secretary of Energy 
shall submit to the appropriate committees of Congress a report 
that describes— 
(1) each effect of, and risk resulting from, global climate 
change with respect to— 
(A) water supplies used for hydroelectric power genera-
tion; and 
(B) power supplies marketed by each Federal Power 
Marketing Administration, pursuant to— 
(i) long-term power contracts; 
(ii) contingent capacity contracts; and 
(iii) short-term sales; and 
(2) each recommendation of the Administrator of each Fed-
eral Power Marketing Administration relating to any change 
in any operation or contracting practice of each Federal Power 
Marketing Administration to address each effect and risk 
described in paragraph (1), including the use of purchased 
power to meet long-term commitments of each Federal Power 
Marketing Administration. 
(d) AUTHORITY.—The Secretary of Energy may enter into con-
tracts, grants, or other agreements with appropriate entities to 
carry out this section. 
(e) COSTS.— 
(1) NONREIMBURSABLE.—Any costs incurred by the Sec-
retary of Energy in carrying out this section shall be non-
reimbursable. 
(2) PMA COSTS.—Each Federal Power Marketing Adminis-
tration shall incur costs in carrying out this section only to 
the extent that appropriated funds are provided by the Sec-
retary of Energy for that purpose. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2009 through 2023, to remain avail-
able until expended.
H. R. 146—348 
SEC. 9506. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL 
PANEL. 
(a) ESTABLISHMENT.—The Secretary and the Administrator 
shall 
establish 
and 
lead 
a 
climate 
change 
and 
water 
intragovernmental panel— 
(1) to review the current scientific understanding of each 
impact of global climate change on the quantity and quality 
of freshwater resources of the United States; and 
(2) to develop any strategy that the panel determines to 
be necessary to improve observational capabilities, expand data 
acquisition, or take other actions— 
(A) to increase the reliability and accuracy of modeling 
and prediction systems to benefit water managers at the 
Federal, State, and local levels; and 
(B) to increase the understanding of the impacts of 
climate change on aquatic ecosystems. 
(b) MEMBERSHIP.—The panel shall be comprised of— 
(1) the Secretary; 
(2) the Director; 
(3) the Administrator; 
(4) the Secretary of Agriculture (acting through the Under 
Secretary for Natural Resources and Environment); 
(5) the Commissioner; 
(6) the Secretary of the Army, acting through the Chief 
of Engineers; 
(7) the Administrator of the Environmental Protection 
Agency; and 
(8) the Secretary of Energy. 
(c) REVIEW ELEMENTS.—In conducting the review and devel-
oping the strategy under subsection (a), the panel shall consult 
with State water resource agencies, the Advisory Committee, 
drinking water utilities, water research organizations, and relevant 
water user, environmental, and other nongovernmental organiza-
tions— 
(1) to assess the extent to which the conduct of measures 
of 
streamflow, 
groundwater 
levels, 
soil 
moisture, 
evapotranspiration rates, evaporation rates, snowpack levels, 
precipitation amounts, flood risk, and glacier mass is necessary 
to improve the understanding of the Federal Government and 
the States with respect to each impact of global climate change 
on water resources; 
(2) to identify data gaps in current water monitoring net-
works that must be addressed to improve the capability of 
the Federal Government and the States to measure, analyze, 
and predict changes to the quality and quantity of water 
resources, including flood risks, that are directly or indirectly 
affected by global climate change; 
(3) to establish data management and communication 
protocols and standards to increase the quality and efficiency 
by which each Federal agency acquires and reports relevant 
data; 
(4) to consider options for the establishment of a data 
portal to enhance access to water resource data— 
(A) relating to each nationally significant freshwater 
watershed and aquifer located in the United States; and 
(B) that is collected by each Federal agency and any 
other public or private entity for each nationally significant
H. R. 146—349 
freshwater watershed and aquifer located in the United 
States; 
(5) to facilitate the development of hydrologic and other 
models to integrate data that reflects groundwater and surface 
water interactions; and 
(6) to apply the hydrologic and other models developed 
under paragraph (5) to water resource management problems 
identified by the panel, including the need to maintain or 
improve ecological resiliency at watershed and aquifer system 
scales. 
(d) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit to the appropriate committees 
of Congress a report that describes the review conducted, and 
the strategy developed, by the panel under subsection (a). 
(e) DEMONSTRATION, RESEARCH, AND METHODOLOGY DEVELOP-
MENT PROJECTS.— 
(1) AUTHORITY OF SECRETARY.—The Secretary, in consulta-
tion with the panel and the Advisory Committee, may provide 
grants to, or enter into any contract, cooperative agreement, 
interagency agreement, or other transaction with, an appro-
priate entity to carry out any demonstration, research, or meth-
odology development project that the Secretary determines to 
be necessary to assist in the implementation of the strategy 
developed by the panel under subsection (a)(2). 
(2) REQUIREMENTS.— 
(A) MAXIMUM AMOUNT OF FEDERAL SHARE.—The Fed-
eral share of the cost of any demonstration, research, or 
methodology development project that is the subject of 
any grant, contract, cooperative agreement, interagency 
agreement, or other transaction entered into between the 
Secretary and an appropriate entity under paragraph (1) 
shall not exceed $1,000,000. 
(B) REPORT.—An appropriate entity that receives funds 
from a grant, contract, cooperative agreement, interagency 
agreement, or other transaction entered into between the 
Secretary and the appropriate entity under paragraph (1) 
shall submit to the Secretary a report describing the results 
of the demonstration, research, or methodology develop-
ment project conducted by the appropriate entity. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out subsections (a) through (d) $2,000,000 for each 
of fiscal years 2009 through 2011, to remain available until 
expended. 
(2) 
DEMONSTRATION, 
RESEARCH, 
AND
METHODOLOGY 
DEVELOPMENT
PROJECTS.—There is authorized to be appro-
priated to carry out subsection (e) $10,000,000 for the period 
of fiscal years 2009 through 2013, to remain available until 
expended. 
SEC. 
9507. 
WATER 
DATA 
ENHANCEMENT 
BY 
UNITED 
STATES 
GEOLOGICAL SURVEY. 
(a) NATIONAL STREAMFLOW INFORMATION PROGRAM.— 
(1) IN GENERAL.—The Secretary, in consultation with the 
Advisory Committee and the Panel and consistent with this 
section, shall proceed with implementation of the national
H. R. 146—350 
streamflow information program, as reviewed by the National 
Research Council in 2004. 
(2) REQUIREMENTS.—In conducting the national streamflow 
information program, the Secretary shall— 
(A) measure streamflow and related environmental 
variables in nationally significant watersheds— 
(i) in a reliable and continuous manner; and 
(ii) to develop a comprehensive source of informa-
tion on which public and private decisions relating 
to the management of water resources may be based; 
(B) provide for a better understanding of hydrologic 
extremes (including floods and droughts) through the con-
duct of intensive data collection activities during and fol-
lowing hydrologic extremes; 
(C) establish a base network that provides resources 
that are necessary for— 
(i) the monitoring of long-term changes in 
streamflow; and 
(ii) the conduct of assessments to determine the 
extent to which each long-term change monitored 
under clause (i) is related to global climate change; 
(D) integrate the national streamflow information pro-
gram with data collection activities of Federal agencies 
and appropriate State water resource agencies (including 
the National Integrated Drought Information System)— 
(i) to enhance the comprehensive understanding 
of water availability; 
(ii) to improve flood-hazard assessments; 
(iii) to identify any data gap with respect to water 
resources; and 
(iv) to improve hydrologic forecasting; and 
(E) incorporate principles of adaptive management in 
the conduct of periodic reviews of information collected 
under the national streamflow information program to 
assess whether the objectives of the national streamflow 
information program are being adequately addressed. 
(3) IMPROVED METHODOLOGIES.—The Secretary shall— 
(A) improve methodologies relating to the analysis and 
delivery of data; and 
(B) investigate, develop, and implement new meth-
odologies and technologies to estimate or measure 
streamflow in a more cost-efficient manner. 
(4) NETWORK ENHANCEMENT.— 
(A) IN GENERAL.—Not later than 10 years after the 
date of enactment of this Act, in accordance with subpara-
graph (B), the Secretary shall— 
(i) increase the number of streamgages funded by 
the national streamflow information program to a 
quantity of not less than 4,700 sites; and 
(ii) ensure all streamgages are flood-hardened and 
equipped with water-quality sensors and modernized 
telemetry. 
(B) REQUIREMENTS OF SITES.—Each site described in 
subparagraph (A) shall conform with the National 
Streamflow Information Program plan as reviewed by the 
National Research Council.
H. R. 146—351 
(5) FEDERAL SHARE.—The Federal share of the national 
streamgaging network established pursuant to this subsection 
shall be 100 percent of the cost of carrying out the national 
streamgaging network. 
(6) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), there are authorized to be appropriated such sums 
as are necessary to operate the national streamflow 
information program for the period of fiscal years 2009 
through 2023, to remain available until expended. 
(B) NETWORK
ENHANCEMENT
FUNDING.—There is 
authorized to be appropriated to carry out the network 
enhancements described in paragraph (4) $10,000,000 for 
each of fiscal years 2009 through 2019, to remain available 
until expended. 
(b) NATIONAL GROUNDWATER RESOURCES MONITORING.— 
(1) IN GENERAL.—The Secretary shall develop a systematic 
groundwater monitoring program for each major aquifer system 
located in the United States. 
(2) PROGRAM ELEMENTS.—In developing the monitoring pro-
gram described in paragraph (1), the Secretary shall— 
(A) establish appropriate criteria for monitoring wells 
to ensure the acquisition of long-term, high-quality data 
sets, including, to the maximum extent possible, the inclu-
sion of real-time instrumentation and reporting; 
(B) in coordination with the Advisory Committee and 
State and local water resource agencies— 
(i) assess the current scope of groundwater moni-
toring based on the access availability and capability 
of each monitoring well in existence as of the date 
of enactment of this Act; and 
(ii) develop and carry out a monitoring plan that 
maximizes coverage for each major aquifer system that 
is located in the United States; and 
(C) prior to initiating any specific monitoring activities 
within a State after the date of enactment of this Act, 
consult and coordinate with the applicable State water 
resource agency with jurisdiction over the aquifer that 
is the subject of the monitoring activities, and comply with 
all applicable laws (including regulations) of the State. 
(3) PROGRAM OBJECTIVES.—In carrying out the monitoring 
program described in paragraph (1), the Secretary shall— 
(A) provide data that is necessary for the improvement 
of understanding with respect to surface water and ground-
water interactions; 
(B) by expanding the network of monitoring wells to 
reach each climate division, support the groundwater cli-
mate response network to improve the understanding of 
the effects of global climate change on groundwater 
recharge and availability; and 
(C) support the objectives of the assessment program. 
(4) IMPROVED METHODOLOGIES.—The Secretary shall— 
(A) improve methodologies relating to the analysis and 
delivery of data; and
H. R. 146—352 
(B) investigate, develop, and implement new meth-
odologies and technologies to estimate or measure ground-
water recharge, discharge, and storage in a more cost- 
efficient manner. 
(5) FEDERAL SHARE.—The Federal share of the monitoring 
program described in paragraph (1) may be 100 percent of 
the cost of carrying out the monitoring program. 
(6) PRIORITY.—In selecting monitoring activities consistent 
with the monitoring program described in paragraph (1), the 
Secretary shall give priority to those activities for which a 
State or local governmental entity agrees to provide for a 
substantial share of the cost of establishing or operating a 
monitoring well or other measuring device to carry out a moni-
toring activity. 
(7) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as are necessary to carry 
out this subsection for the period of fiscal years 2009 through 
2023, to remain available until expended. 
(c) BRACKISH GROUNDWATER ASSESSMENT.— 
(1) STUDY.—The Secretary, in consultation with State and 
local water resource agencies, shall conduct a study of available 
data and other relevant information— 
(A) to identify significant brackish groundwater 
resources located in the United States; and 
(B) to consolidate any available data relating to each 
groundwater resource identified under subparagraph (A). 
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall submit to the appropriate 
committees of Congress a report that includes— 
(A) a description of each— 
(i) significant brackish aquifer that is located in 
the United States (including 1 or more maps of each 
significant brackish aquifer that is located in the 
United States); 
(ii) data gap that is required to be addressed to 
fully characterize each brackish aquifer described in 
clause (i); and 
(iii) current use of brackish groundwater that is 
supplied by each brackish aquifer described in clause 
(i); and 
(B) a summary of the information available as of the 
date of enactment of this Act with respect to each brackish 
aquifer described in subparagraph (A)(i) (including the 
known level of total dissolved solids in each brackish 
aquifer). 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $3,000,000 
for the period of fiscal years 2009 through 2011, to remain 
available until expended. 
(d) IMPROVED WATER ESTIMATION, MEASUREMENT, AND MONI-
TORING TECHNOLOGIES.— 
(1) AUTHORITY OF SECRETARY.—The Secretary may provide 
grants on a nonreimbursable basis to appropriate entities with 
expertise in water resource data acquisition and reporting, 
including Federal agencies, the Water Resources Research 
Institutes and other academic institutions, and private entities, 
to—
H. R. 146—403 
Nation, in consultation with the Secretary, shall complete a conjunc-
tive groundwater development plan for the wells described in sub-
sections (b) and (c). 
(b) WELLS IN THE SAN JUAN RIVER BASIN.—In accordance with 
the conjunctive groundwater development plan, the Secretary may 
construct or rehabilitate wells and related pipeline facilities to 
provide capacity for the diversion and distribution of not more 
than 1,670 acre-feet of groundwater in the San Juan River Basin 
in the State of New Mexico for municipal and domestic uses. 
(c) WELLS IN THE LITTLE COLORADO AND RIO GRANDE BASINS.— 
(1) IN
GENERAL.—In accordance with the Project and 
conjunctive groundwater development plan for the Nation, the 
Secretary may construct or rehabilitate wells and related pipe-
line facilities to provide capacity for the diversion and distribu-
tion of— 
(A) not more than 680 acre-feet of groundwater in 
the Little Colorado River Basin in the State of New Mexico; 
(B) not more than 80 acre-feet of groundwater in the 
Rio Grande Basin in the State of New Mexico; and 
(C) not more than 770 acre-feet of groundwater in 
the Little Colorado River Basin in the State of Arizona. 
(2) USE.—Groundwater diverted and distributed under 
paragraph (1) shall be used for municipal and domestic uses. 
(d) ACQUISITION OF LAND.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary may acquire any land or interest in land that is 
necessary for the construction, operation, and maintenance of 
the wells and related pipeline facilities authorized under sub-
sections (b) and (c). 
(2) LIMITATION.—Nothing in this subsection authorizes the 
Secretary to condemn water rights for the purposes described 
in paragraph (1). 
(e) CONDITION.—The Secretary shall not commence any 
construction activity relating to the wells described in subsections 
(b) and (c) until the Secretary executes the Agreement. 
(f) CONVEYANCE OF WELLS.— 
(1) IN GENERAL.—On the determination of the Secretary 
that the wells and related facilities are substantially complete 
and delivery of water generated by the wells can be made 
to the Nation, an agreement with the Nation shall be entered 
into, to convey to the Nation title to— 
(A) any well or related pipeline facility constructed 
or rehabilitated under subsections (a) and (b) after the 
wells and related facilities have been completed; and 
(B) any land or interest in land acquired by the United 
States for the construction, operation, and maintenance 
of the well or related pipeline facility. 
(2) OPERATION, MAINTENANCE, AND REPLACEMENT.— 
(A) IN GENERAL.—The Secretary is authorized to pay 
operation and maintenance costs for the wells and related 
pipeline facilities authorized under this subsection until 
title to the facilities is conveyed to the Nation. 
(B) SUBSEQUENT ASSUMPTION BY NATION.—On comple-
tion of a conveyance of title under paragraph (1), the Nation 
shall assume all responsibility for the operation and 
maintenance of the well or related pipeline facility con-
veyed.
H. R. 146—409 
(F) COMPLIANCE
WITH
OTHER
LAW.—A subcontract 
described in subparagraph (A) shall comply with the Agree-
ment, the Partial Final Decree described in paragraph 
3.0 of the Agreement, and any other applicable law. 
(G) NO LIABILITY.—The Secretary shall not be liable 
to any party, including the Nation, for any term of, or 
any loss or other detriment resulting from, a lease, contract, 
or other agreement entered into pursuant to this sub-
section. 
(2) ALIENATION.— 
(A) PERMANENT
ALIENATION.—The Nation shall not 
permanently alienate any right granted to the Nation under 
the Contract. 
(B) MAXIMUM TERM.—The term of any water use sub-
contract (including a renewal) under this subsection shall 
be not more than 99 years. 
(3) NONINTERCOURSE ACT COMPLIANCE.—This subsection— 
(A) provides congressional authorization for the subcon-
tracting rights of the Nation; and 
(B) is deemed to fulfill any requirement that may be 
imposed by section 2116 of the Revised Statutes (25 U.S.C. 
177). 
(4) FORFEITURE.—The nonuse of the water supply secured 
by a subcontractor of the Nation under this subsection shall 
not result in forfeiture, abandonment, relinquishment, or other 
loss of any part of a right decreed to the Nation under the 
Contract or this section. 
(5) NO
PER
CAPITA
PAYMENTS.—No part of the revenue 
from a water use subcontract under this subsection shall be 
distributed to any member of the Nation on a per capita basis. 
(d) WATER LEASES NOT REQUIRING SUBCONTRACTS.— 
(1) AUTHORITY OF NATION.— 
(A) IN GENERAL.—The Nation may lease, contract, or 
otherwise transfer to another party or to another purpose 
or place of use in the State of New Mexico (on or off 
land that is held by the United States in trust for the 
Nation or a member of the Nation or held in fee by the 
Nation) a water right that— 
(i) is decreed to the Nation under the Agreement; 
and 
(ii) is not subject to the Contract. 
(B) COMPLIANCE WITH OTHER LAW.—In carrying out 
an action under this subsection, the Nation shall comply 
with the Agreement, the Partial Final Decree described 
in paragraph 3.0 of the Agreement, the Supplemental Par-
tial Final Decree described in paragraph 4.0 of the Agree-
ment, and any other applicable law. 
(2) ALIENATION; MAXIMUM TERM.— 
(A) ALIENATION.—The Nation shall not permanently 
alienate any right granted to the Nation under the Agree-
ment. 
(B) MAXIMUM TERM.—The term of any water use lease, 
contract, or other arrangement (including a renewal) under 
this subsection shall be not more than 99 years. 
(3) NO
LIABILITY.—The Secretary shall not be liable to 
any party, including the Nation, for any term of, or any loss
H. R. 146—460 
any real property actions, including the revocation of any Fed-
eral withdrawals of the parcel conveyed under paragraph (1) 
and the parcel described in subsection (c)(1), that are necessary 
to allow the Secretary of Energy to— 
(A) convey the parcel under paragraph (1); or 
(B) transfer administrative jurisdiction under sub-
section (c). 
(4) 
RESERVATION
OF
UTILITY
INFRASTRUCTURE
AND 
ACCESS.—The Secretary of the Air Force may retain ownership 
and control of— 
(A) any portions of the utility system and infrastruc-
ture located on the parcel conveyed under paragraph (1); 
and 
(B) any rights of access determined to be necessary 
by the Secretary of the Air Force to operate and maintain 
the utilities on the parcel. 
(5) RESTRICTIONS ON USE.— 
(A) AUTHORIZED USES.—The Institute shall allow only 
research, scientific, or educational uses of the parcel con-
veyed under paragraph (1). 
(B) REVERSION.— 
(i) IN
GENERAL.—If, at any time, the Secretary 
of Energy, in consultation with the Secretary of the 
Air Force, determines, in accordance with clause (ii), 
that the parcel conveyed under paragraph (1) is not 
being used for a purpose described in subparagraph 
(A)— 
(I) all right, title, and interest in and to the 
entire parcel, or any portion of the parcel not being 
used for the purposes, shall revert, at the option 
of the Secretary, to the United States; and 
(II) the United States shall have the right 
of immediate entry onto the parcel. 
(ii) REQUIREMENTS
FOR
DETERMINATION.—Any 
determination of the Secretary under clause (i) shall 
be made on the record and after an opportunity for 
a hearing. 
(6) COSTS.— 
(A) IN GENERAL.—The Secretary of Energy shall require 
the Institute to pay, or reimburse the Secretary concerned, 
for any costs incurred by the Secretary concerned in car-
rying out the conveyance under paragraph (1), including 
any survey costs related to the conveyance. 
(B) REFUND.—If the Secretary concerned collects 
amounts under subparagraph (A) from the Institute before 
the Secretary concerned incurs the actual costs, and the 
amount collected exceeds the actual costs incurred by the 
Secretary concerned to carry out the conveyance, the Sec-
retary concerned shall refund to the Institute an amount 
equal to difference between— 
(i) the amount collected by the Secretary con-
cerned; and 
(ii) the actual costs incurred by the Secretary con-
cerned. 
(C) DEPOSIT IN FUND.— 
(i) IN GENERAL.—Amounts received by the United 
States under this paragraph as a reimbursement or
H. R. 146—466 
(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out this section, there is authorized to be appropriated 
$25,000,000 for each of fiscal years 2008 through 2011. 
TITLE XV—SMITHSONIAN INSTITUTION 
FACILITIES AUTHORIZATION 
SEC. 15101. LABORATORY AND SUPPORT SPACE, EDGEWATER, MARY-
LAND. 
(a) AUTHORITY TO DESIGN
AND CONSTRUCT.—The Board of 
Regents of the Smithsonian Institution is authorized to design 
and construct laboratory and support space to accommodate the 
Mathias Laboratory at the Smithsonian Environmental Research 
Center in Edgewater, Maryland. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section a total of $41,000,000 
for fiscal years 2009 through 2011. Such sums shall remain avail-
able until expended. 
SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA. 
(a) AUTHORITY TO CONSTRUCT.—The Board of Regents of the 
Smithsonian Institution is authorized to construct laboratory space 
to accommodate the terrestrial research program of the Smithsonian 
tropical research institute in Gamboa, Panama. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section a total of $14,000,000 
for fiscal years 2009 and 2010. Such sums shall remain available 
until expended. 
SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY. 
(a) IN GENERAL.—The Board of Regents of the Smithsonian 
Institution is authorized to construct a greenhouse facility at its 
museum support facility in Suitland, Maryland, to maintain the 
horticultural operations of, and preserve the orchid collection held 
in trust by, the Smithsonian Institution. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $12,000,000 to carry out this section. Such 
sums shall remain available until expended. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.