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Interior as reimbursable or nonreimbursable and collected 
until fully repaid pursuant to the ‘‘Cleanup Program-Al-
ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 
Repayment Plan’’ described in the report entitled ‘‘Repay-
ment Report, Kesterson Reservoir Cleanup Program and 
San Joaquin Valley Drainage Program, February 1995’’, 
prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the 
United States relating to, or providing for, drainage serv-
ice or drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such serv-
ice or studies pursuant to Federal reclamation law. 
SEC. 203. None of the funds appropriated or other-
wise made available by this or any other Act may be used 
to pay the salaries and expenses of personnel to purchase 
or lease water in the Middle Rio Grande or the Carlsbad 
Projects in New Mexico unless said purchase or lease is 
in compliance with the purchase requirements of section 
202 of Public Law 106–60. 
SEC. 204. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for 
leasing of water for specified drought related purposes 
from willing lessors, in compliance with existing State laws 
and administered under State water priority allocation. 
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SEC. 205. The Secretary of the Interior, acting 
through the Commissioner of the Bureau of Reclamation, 
is authorized to enter into grants, cooperative agreements, 
and other agreements with irrigation or water districts 
and States to fund up to 50 percent of the cost of plan-
ning, designing, and constructing improvements that will 
conserve water, increase water use efficiency, or enhance 
water management through measurement or automation, 
at existing water supply projects within the States identi-
fied in the Act of June 17, 1902, as amended, and supple-
mented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in 
advance on a nonreimbursable basis to an entity operating 
affected transferred works or may be deemed nonreim-
bursable for nontransferred works: Provided further, That 
the calculation of the non-Federal contribution shall pro-
vide for consideration of the value of any in-kind contribu-
tions, but shall not include funds received from other Fed-
eral agencies: Provided further, That the cost of operating 
and maintaining such improvements shall be the responsi-
bility of the non-Federal entity: Provided further, That 
this section shall not supercede any existing project-spe-
cific funding authority: Provided further, That the Sec-
retary is also authorized to enter into grants or coopera-
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tive agreements with universities or nonprofit research in-
stitutions to fund water use efficiency research. 
SEC. 206. (a) Section 209 of the Energy and Water 
Development Appropriations Act, 2004 (Public Law 108– 
137; 117 Stat. 1850) is repealed. 
(b) The Secretary of the Interior (referred to in this 
section as the ‘‘Secretary’’) shall establish and maintain 
an Executive Committee of the Middle Rio Grande Endan-
gered Species Collaborative Program (referred to in this 
section as the ‘‘Executive Committee’’) consistent with the 
bylaws of the Middle Rio Grande Endangered Species Col-
laborative Program adopted on October 2, 2006. 
(c) Hereafter, in compliance with applicable Federal 
and State laws, the Secretary (acting through the Com-
missioner of Reclamation), in collaboration with the Exec-
utive Committee, may enter into any grants, contracts, co-
operative agreements, interagency agreements, or other 
agreements that the Secretary determines to be necessary 
to comply with the 2003 Biological Opinion described in 
section 205(b) of the Energy and Water Development Ap-
propriations Act, 2005 (Public Law 108–447; 118 Stat. 
2949) as amended by section 121(b) of the Energy and 
Water Development Appropriations Act, 2006 (Public 
Law 109–103; 119 Stat. 2256) or any related subsequent 
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biological opinion or in furtherance of the objectives set 
forth in the collaborative program long-term plan. 
(d)(1) The acquisition of water under subsection (c) 
and any administrative costs associated with carrying out 
subsection (c) shall be at full Federal expense. 
(2) Not more than 15 percent of amounts appro-
priated to carry out subsection (c) shall be made available 
for the payment of administrative expenses associated with 
carrying out that subsection. 
(e)(1) The non-Federal share of activities carried out 
under subsection (c) (other than an activity or a cost de-
scribed in subsection (d)(1)) shall be 25 percent. The non- 
Federal cost share shall be determined on a programmatic, 
rather than a project-by-project basis. 
(2) The non-Federal share required under paragraph 
(1) may be in the form of in-kind contributions, the value 
of which shall be determined by the Secretary in consulta-
tion with the executive committee. 
(f) Nothing in this section modifies or expands the 
discretion of the Secretary with respect to operating res-
ervoir facilities under the jurisdiction of the Secretary in 
the Rio Grande Valley, New Mexico. 
SEC. 207. Section 208 of the Energy and Water De-
velopment and Related Agencies Appropriations Act, 2008 
(Public Law 110–161; 121 Stat. 1953) is amended— 
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