787 
† HR 146 EAS 
‘‘(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 evalua-
tion conducted under paragraph (1)(A), the Sec-
retary shall prepare a report that includes rec-
ommendations for the future role of the National 
Park Service, if any, with respect to the Cor-
ridor. 
‘‘(B) REQUIRED
ANALYSIS.—If the report 
prepared under subparagraph (A) recommends 
that Federal funding for the Corridor be reau-
thorized, the report shall include an analysis 
of—
788 
† HR 146 EAS 
‘‘(i) ways in which Federal funding for 
the Corridor may be reduced or eliminated; 
and 
‘‘(ii) the appropriate time period nec-
essary to achieve the recommended reduc-
tion or elimination. 
‘‘(C) SUBMISSION TO CONGRESS.—On com-
pletion 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 Re-
sources of the House of Representatives.’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section 
109(a) of the Quinebaug and Shetucket Rivers Valley Na-
tional 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—
789 
† HR 146 EAS 
(A) by striking ‘‘The Commission’’ and in-
serting the following: 
‘‘(a) IN GENERAL.—The Commission’’; and 
(B) by adding at the end the following: 
‘‘(b) CORPORATION AS LOCAL COORDINATING ENTI-
TY.—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 Fed-
eral funds made available under this Act— 
‘‘(1) to make grants to, and enter into coopera-
tive agreements with, the Federal Government, the 
Commonwealth, political subdivisions of the Common-
wealth, nonprofit organizations, and individuals; 
‘‘(2) to hire, train, and compensate staff; and 
‘‘(3) to enter into contracts for goods and serv-
ices. 
‘‘(e) RESTRICTION ON USE OF FUNDS.—The Corpora-
tion may not use Federal funds made available under this 
Act to acquire land or an interest in land.’’; 
(2) in section 10—
790 
† HR 146 EAS 
(A) in the first sentence of subsection (c), by 
striking ‘‘shall assist the Commission’’ and in-
serting ‘‘shall, on the request of the Corporation, 
assist’’; 
(B) in subsection (d)— 
(i) by striking ‘‘Commission’’ each 
place it appears and inserting ‘‘Corpora-
tion’’; 
(ii) by striking ‘‘The Secretary’’ and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary 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 activities that assist in— 
‘‘(A) conserving the significant natural, his-
toric, cultural, and scenic resources of the Cor-
ridor; and
791 
† HR 146 EAS 
‘‘(B) providing educational, interpretive, 
and recreational opportunities consistent with 
the purposes of the Corridor.’’; and 
(C) by adding at the end the following: 
‘‘(e) 
TRANSITION
MEMORANDUM
OF
UNDER-
STANDING.—The Secretary 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 para-
graph (1), by striking ‘‘directly affecting’’; 
(4) in section 12— 
(A) in subsection (a), by striking ‘‘Commis-
sion’’ each place it appears and inserting ‘‘Cor-
poration’’; 
(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 Secretary to provide financial assistance under this Act 
terminates on the date that is 5 years after the date of en-
actment of this subsection.’’; and
792 
† HR 146 EAS 
(5) in section 14— 
(A) by redesignating paragraphs (4), (5), 
and (6) as paragraphs (5), (6), and (7), respec-
tively; and 
(B) by inserting after paragraph (3) the fol-
lowing: 
‘‘(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 COR-
RIDOR. 
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 ‘‘En-
vironment’’ 
and 
inserting 
‘‘Environ-
mental’’; and 
(iii) in paragraph (3)—
793 
† HR 146 EAS 
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘19’’; 
(II) by striking subparagraph 
(A); 
(III) by redesignating subpara-
graphs (B) and (C) as subparagraphs 
(A) and (B), respectively; 
(IV) in subparagraph (B) (as re-
designated by subclause (III)), by 
striking the second sentence; and 
(V) by inserting after subpara-
graph (B) (as redesignated by sub-
clause (III)) the following: 
‘‘(C) The remaining members shall be— 
‘‘(i) appointed by the Secretary, based 
on recommendations from each member of 
the House of Representatives, the district of 
which encompasses the Corridor; and 
‘‘(ii) persons that are residents of, or 
employed within, the applicable congres-
sional districts.’’; 
(B) in subsection (f), by striking ‘‘Fourteen 
members of the Commission’’ and inserting ‘‘A 
majority of the serving Commissioners’’;
794 
† HR 146 EAS 
(C) in subsection (g), by striking ‘‘14 of its 
members’’ and inserting ‘‘a majority of the serv-
ing Commissioners’’; 
(D) in subsection (h), by striking paragraph 
(4) and inserting the following: 
‘‘(4)(A) to appoint any staff that may be nec-
essary to carry out the duties of the Commission, sub-
ject 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 ac-
cordance with the provisions of chapter 51 and sub-
chapter 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 re-
gard to the preparation and approval of the 
Canalway Plan’’; and 
(B) by adding at the end the following: 
‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the avail-
ability of appropriations, the Superintendent of Saratoga 
National Historical Park may, on request, provide to public
795 
† HR 146 EAS 
and private organizations in the Corridor (including the 
Commission) any operational assistance that is appro-
priate 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 ACTIVI-
TIES. 
Nothing in this title shall be construed as affecting ac-
cess for recreational activities otherwise allowed by law or 
regulation, including hunting, fishing, or trapping.
796 
† HR 146 EAS 
TITLE IX—BUREAU OF RECLAMA-
TION AUTHORIZATIONS 
Subtitle A—Feasibility Studies 
SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, 
IDAHO. 
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the Bureau of Reclamation, may conduct feasi-
bility studies on projects that address water shortages with-
in 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 Inte-
rior 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
797 
† HR 146 EAS 
augmentation alternatives for the Sierra Vista Sub-
watershed 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 
Environmental 
Principles 
and 
Guidelines for Water and Related Land 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 guide-
lines, the Secretary, acting through the Commis-
sioner of Reclamation, may complete a feasi-
bility study of alternatives to augment the water 
supplies within the Sierra Vista Subwatershed 
in the State of Arizona that are identified as ap-
propriate for further study in the appraisal re-
port.
798 
† HR 146 EAS 
(B) INCLUSIONS.—In evaluating the feasi-
bility of alternatives under subparagraph (A), 
the Secretary shall— 
(i) include— 
(I) any required environmental 
reviews; 
(II) the construction costs and 
projected operations, maintenance, and 
replacement costs for each alternative; 
and 
(III) the economic feasibility of 
each alternative; 
(ii) take into consideration the ability 
of Federal, tribal, State, and local govern-
ment sources and private sources to fund 
capital construction costs and annual oper-
ation, maintenance, energy, and replace-
ment 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.—
799 
† HR 146 EAS 
(A) IN GENERAL.—The Federal share of the 
total costs of the study under paragraph (1) shall 
not exceed 45 percent. 
(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 RE-
LATING 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 authorized to be appropriated to the Sec-
retary 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 be-
fore the date of enactment of this Act. 
SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA. 
(a) FEASIBILITY STUDY, PROJECT DEVELOPMENT, 
COST SHARE.—
800 
† HR 146 EAS 
(1) IN GENERAL.—The Secretary of the Interior 
(hereinafter referred to as ‘‘Secretary’’), in consulta-
tion 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 stor-
age opportunities, water supply reliability, and water 
yield of the existing non-Federal water storage sys-
tem. The feasibility study shall document the Sec-
retary’s engineering, environmental, and economic in-
vestigation of the proposed reservoir and intertie 
project taking into consideration the range of poten-
tial 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 pro-
posed 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 con-
tribution of such in-kind services by the City of San
801 
† HR 146 EAS 
Diego and the Sweetwater Authority that the Sec-
retary determines will contribute toward the conduct 
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 recommends, and to seek, as the Sec-
retary deems appropriate, specific authority to de-
velop 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 de-
termined by the Secretary; and 
(B) a schedule identifying the annual oper-
ation, maintenance, and replacement costs that 
should be allocated to the City of San Diego and 
the Sweetwater Authority, as well as the current 
and expected financial capability to pay oper-
ation, maintenance, and replacement costs. 
(b) FEDERAL RECLAMATION PROJECTS.—Nothing in 
this section shall supersede or amend the provisions of Fed-
802 
† HR 146 EAS 
eral Reclamation laws or laws associated with any project 
or any portion of any project constructed under any author-
ity 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 sub-
section (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. 
Subtitle B—Project Authorizations 
SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CON-
SERVATION 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 Irrigation District Water Conservation 
Project authorized under subsection (b)(1). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) AUTHORIZATION TO PLAN, DESIGN
AND CON-
STRUCT THE TUMALO WATER CONSERVATION PROJECT.— 
(1) AUTHORIZATION.—The Secretary, in co-
operation with the District—
803 
† HR 146 EAS 
(A) may participate in the planning, de-
sign, and construction of the Tumalo Irrigation 
District Water Conservation Project in Deschutes 
County, Oregon; and 
(B) for purposes of planning and designing 
the Project, shall take into account any appro-
priate studies and reports prepared by the Dis-
trict. 
(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 Secretary 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 en-
actment 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.
804 
† HR 146 EAS 
(5) EFFECT.—Any assistance provided under 
this section shall not be considered to be a supple-
mental or additional benefit under Federal reclama-
tion law (the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), and Acts supplemental to and amend-
atory 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 Fed-
eral share of the cost of the Project $4,000,000. 
(d) TERMINATION OF AUTHORITY.—The authority of 
the Secretary 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, CALIFORNIA. 
(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, operated, maintained, 
and managed by the District that will plan, design, 
and construct recharge, recovery, and delivery systems 
able to store up to 250,000 acre-feet of water and re-
805 
† HR 146 EAS 
cover up to 55,000 acre-feet of water per year, as sub-
stantially described in the California Environmental 
Quality Act, Final Environmental Impact Report for 
the Madera Irrigation District Water Supply En-
hancement Project, September 2005. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) TOTAL COST.—The term ‘‘total cost’’ means 
all reasonable costs, such as the planning, design, per-
mitting, and construction of the Project and the ac-
quisition costs of lands used or acquired by the Dis-
trict for the Project. 
(b) PROJECT FEASIBILITY.— 
(1) PROJECT FEASIBLE.—Pursuant to the Rec-
lamation Act of 1902 (32 Stat. 388) and Acts amend-
atory thereof and supplemental thereto, the Project is 
feasible and no further studies or actions regarding 
feasibility are necessary. 
(2) APPLICABILITY OF OTHER LAWS.—The Sec-
retary 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 Endan-
gered Species Act of 1973 (7 U.S.C. 136; 16 U.S.C. 
460 et seq.).
806 
† HR 146 EAS 
(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 Dis-
trict for the Project. Such cooperative agreement shall set 
forth in a manner acceptable to the Secretary and the Dis-
trict 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 SUP-
PLY 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 supplementary thereto, is au-
thorized to enter into a cooperative agreement through 
the Bureau of Reclamation with the District for the 
support of the final design and construction of the 
Project. 
(2) TOTAL COST.—The total cost of the Project 
for the purposes of determining the Federal cost share 
shall not exceed $90,000,000.
807 
† HR 146 EAS 
(3) COST SHARE.—The Federal share of the cap-
ital costs of the Project shall be provided on a nonre-
imbursable 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 Dis-
trict shall receive credit toward the non-Federal share 
of the cost of the Project for— 
(A) in-kind services that the Secretary de-
termines would contribute substantially toward 
the completion of the project; 
(B) reasonable costs incurred by the District 
as a result of participation in the planning, de-
sign, permitting, and construction of the Project; 
and 
(C) the acquisition costs of lands used or ac-
quired by the District for the Project. 
(5) LIMITATION.—The Secretary shall not pro-
vide 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.
808 
† HR 146 EAS 
(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 ex-
tent possible, plans, designs, and engineering and en-
vironmental analyses that have already been prepared 
by the District for the Project. The Secretary shall en-
sure that such information as is used is consistent 
with applicable Federal laws and regulations. 
(7) TITLE; RESPONSIBILITY; LIABILITY.—Noth-
ing in this subsection 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 authorized 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:
809 
† HR 146 EAS 
(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 ‘‘engineer-
ing report’’ means the report entitled ‘‘Eastern New 
Mexico Rural Water System Preliminary Engineer-
ing Report’’ and dated October 2006. 
(3) PLAN.—The term ‘‘plan’’ means the oper-
ation, maintenance, 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 de-
liver approximately 16,500 acre-feet of water per 
year from the Ute Reservoir to the cities of Clo-
vis, Elida, Grady, Melrose, Portales, and Texico 
and other locations in Curry, Roosevelt, and 
Quay Counties in the State.
810 
† HR 146 EAS 
(B) INCLUSIONS.—The term ‘‘System’’ in-
cludes the major components and associated in-
frastructure identified as the ‘‘Best Technical Al-
ternative’’ 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 pro-
vide financial and technical assistance to the 
Authority to assist in planning, designing, con-
ducting related preconstruction activities for, 
and constructing the System. 
(B) USE.— 
(i) IN
GENERAL.—Any financial as-
sistance provided under subparagraph (A) 
shall be obligated and expended only in ac-
cordance with a cooperative agreement en-
tered into under subsection (d)(1)(B). 
(ii) LIMITATIONS.—Financial assist-
ance provided under clause (i) shall not be 
used—
812 
† HR 146 EAS 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) applicable to the System. 
(4) TITLE TO PROJECT WORKS.—Title to the in-
frastructure of the System shall be held by the Author-
ity or as may otherwise be specified under State law. 
(c) OPERATION, MAINTENANCE, AND REPLACEMENT 
COSTS.— 
(1) IN
GENERAL.—The Authority shall be re-
sponsible for the annual operation, maintenance, and 
replacement costs associated with the System. 
(2) OPERATION, MAINTENANCE, AND
REPLACE-
MENT PLAN.—The Authority, in consultation with the 
Secretary, shall develop an operation, maintenance, 
and replacement plan that establishes the rates and 
fees for beneficiaries of the System in the amount nec-
essary to ensure that the System is properly main-
tained and capable of delivering approximately 
16,500 acre-feet of water per year. 
(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.
813 
† HR 146 EAS 
(B) COOPERATIVE AGREEMENT FOR PROVI-
SION OF FINANCIAL 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 respon-
sibilities of the Secretary and the Authority 
with respect to— 
(I) ensuring that the cost-share re-
quirements established by subsection 
(b)(2) are met; 
(II) completing the planning and 
final design of the System; 
(III) any environmental and cul-
tural resource compliance activities re-
quired for the System; and 
(IV) the construction of the Sys-
tem.
814 
† HR 146 EAS 
(2) TECHNICAL ASSISTANCE.—At the request of 
the Authority, the Secretary may provide to the Au-
thority any technical assistance that is necessary to 
assist the Authority in planning, designing, con-
structing, and operating the System. 
(3) BIOLOGICAL
ASSESSMENT.—The Secretary 
shall consult with the New Mexico Interstate Stream 
Commission and the Authority in preparing any bio-
logical 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 ad-
justment carried out under paragraph (2), there is 
authorized to be appropriated to the Secretary to
815 
† HR 146 EAS 
carry out this section an amount not greater than 
$327,000,000. 
(2) ADJUSTMENT.—The amount made available 
under paragraph (1) shall be adjusted to reflect 
changes in construction costs occurring after January 
1, 2007, as indicated by engineering cost indices ap-
plicable 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 requirement under subsection (b)(2) 
shall be nonreimbursable and nonreturnable to the 
United States. 
(4) AVAILABILITY OF FUNDS.—At the end of each 
fiscal year, any unexpended funds appropriated pur-
suant to this section shall be retained for use in fu-
ture fiscal years consistent with this section. 
SEC. 
9104. 
RANCHO 
CALIFORNIA 
WATER 
DISTRICT 
PROJECT, CALIFORNIA. 
(a) IN GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102– 
575, title XVI; 43 U.S.C. 390h et seq.) is amended by add-
ing at the end the following:
816 
† HR 146 EAS 
‘‘SEC. 
1649. 
RANCHO 
CALIFORNIA 
WATER 
DISTRICT 
PROJECT, CALIFORNIA. 
‘‘(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 distribution 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, which-
ever is less. 
‘‘(c) LIMITATION.—Funds provided by the Secretary 
under this section shall not be used for operation or mainte-
nance of the project described in subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of items in sec-
tion 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, Jackson Gulch Outlet Canal Project,
817 
† HR 146 EAS 
Jackson Gulch Operations Facilities Project: 
Condition Assessment and Recommendations 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 Com-
missioner of Reclamation. 
(5) STATE.—The term ‘‘State’’ means the State 
of Colorado. 
(b) AUTHORIZATION OF JACKSON GULCH REHABILI-
TATION PROJECT.— 
(1) IN GENERAL.—Subject to the reimbursement 
requirement described in paragraph (3), the Secretary 
shall pay the Federal share of the total cost of car-
rying out the Project.
818 
† HR 146 EAS 
(2) USE OF EXISTING INFORMATION.—In pre-
paring any studies relating to the Project, the Sec-
retary shall, to the maximum 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 
reimbursable expenses under subparagraph (A)— 
(i) in a manner agreed to by the Sec-
retary 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
819 
† HR 146 EAS 
and improvements directly associated with the 
Project. 
(4) PROHIBITION ON OPERATION AND MAINTE-
NANCE COSTS.—The District shall be responsible for 
the operation and maintenance of any facility con-
structed 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 occurrence relating to a facility rehabili-
tated 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 authorized to be appropriated to the Sec-
retary 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 envi-
ronmental needs are exacerbating water supply
820 
† HR 146 EAS 
issues across the western United States, includ-
ing 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 rehabili-
tation and repair of irrigation infrastructure of 
the Rio Grande Pueblos; 
(C) inspection of existing irrigation infra-
structure of the Rio Grande Pueblos shows that 
many key facilities, such as diversion structures 
and main conveyance ditches, are unsafe and 
barely, if at all, operable; 
(D) the benefits of rehabilitating and re-
pairing irrigation infrastructure of the Rio 
Grande Pueblos include— 
(i) water conservation; 
(ii) extending available water supplies; 
(iii) increased agricultural produc-
tivity; 
(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 oper-
821 
† HR 146 EAS 
ated 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 Rec-
lamation 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 
infrastructure of the Rio Grande Pueblos; 
(B) to establish priorities for the rehabilita-
tion of irrigation infrastructure of the Rio 
Grande Pueblos in accordance with specified cri-
teria; 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 Agree-
ment’’ means the agreement entitled ‘‘Agreement By 
and Between the United States of America and the
822 
† HR 146 EAS 
Middle Rio Grande Conservancy District, Providing 
for the Payment of Operation and Maintenance 
Charges on Newly Reclaimed Pueblo Indian Lands in 
the Middle Rio Grande Valley, New Mexico’’ and exe-
cuted in September 2004 (including any successor 
agreements and amendments to the agreement). 
(2) DESIGNATED
ENGINEER.—The term ‘‘des-
ignated engineer’’ means a Federal employee des-
ignated 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 structure, 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—
823 
† HR 146 EAS 
(i) the delivery of water for the irriga-
tion of agricultural 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 corresponding 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 rec-
ognized 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 Com-
missioner of Reclamation.
824 
† HR 146 EAS 
(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 enact-
ment 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 irriga-
tion infrastructure; and 
(ii) based on the results of the study, 
develop a list of projects (including a cost 
estimate for each project), that are rec-
ommended to be implemented over a 10- 
year period to repair, rehabilitate, or recon-
struct Pueblo irrigation infrastructure. 
(B) REQUIRED CONSENT.—In carrying out 
subparagraph (A), the Secretary shall only in-
825 
† HR 146 EAS 
clude each individual Rio Grande Pueblo that 
notifies the Secretary that the Pueblo consents to 
participate in— 
(i) the conduct of the study under sub-
paragraph (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 de-
scribed in subparagraph (B); and 
(II) prioritize the projects rec-
ommended for implementation based 
on— 
(aa) a review of each of the 
factors; and 
(bb) a consideration of the 
projected benefits of the project on 
completion of the project. 
(ii) ELIGIBILITY
OF
PROJECTS.—A 
project is eligible to be considered and
826 
† HR 146 EAS 
prioritized by the Secretary if the project 
addresses at least 1 factor described in sub-
paragraph (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 agricultural land using Pueblo 
irrigation infrastructure; 
(ii) whether, and the extent that, the 
repair, rehabilitation, or reconstruction of 
the Pueblo irrigation infrastructure would 
provide an opportunity to conserve water; 
(iii)(I) the economic and cultural im-
pacts that the Pueblo irrigation infrastruc-
ture that is in disrepair has on the applica-
ble Rio Grande Pueblo; and 
(II) the economic and cultural benefits 
that the repair, rehabilitation, or recon-
struction of the Pueblo irrigation infra-
structure would have on the applicable Rio 
Grande Pueblo;
827 
† HR 146 EAS 
(iv) the opportunity to address water 
supply or environmental conflicts in the ap-
plicable 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 In-
dian Affairs (including the designated 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 En-
gineers to evaluate the extent to which programs 
under the jurisdiction of the respective agencies may 
be used— 
(A) to assist in evaluating projects to re-
pair, rehabilitate, or reconstruct Pueblo irriga-
tion infrastructure; and 
(B) to implement— 
(i) a project recommended for imple-
mentation under paragraph (1)(A)(ii); or
828 
† HR 146 EAS 
(ii) any other related project (includ-
ing on-farm improvements) that may be ap-
propriately coordinated with the repair, re-
habilitation, or reconstruction of Pueblo ir-
rigation infrastructure to improve the effi-
cient use of water in the Rio Grande Basin. 
(4) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Resources 
of the House of Representatives a report that in-
cludes— 
(A) the list of projects recommended for im-
plementation under paragraph (1)(A)(ii); and 
(B) any findings of the Secretary with re-
spect to— 
(i) the study conducted under para-
graph (1)(A)(i); 
(ii) the consideration of the factors 
under paragraph (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 re-
port under paragraph (4) and every 4 years there-