instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. PHYSICAL EDUCATION FOR PROGRESS.

    Title X of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 8001 et seq.) is amended by adding at the end the following:

               ``PART L--PHYSICAL EDUCATION FOR PROGRESS

``SEC. 10999A. SHORT TITLE.

    ``This part may be cited as the `Physical Education for Progress 
Act'.

``SEC. 10999B. PURPOSE.

    ``The purpose of this part is to award grants and contracts to 
local educational agencies to enable the local educational agencies to 
initiate, expand, and improve physical education programs for all 
kindergarten through 12th grade students.

``SEC. 10999C. FINDINGS.

    ``Congress makes the following findings:
            ``(1) Physical education is essential to the development of 
        growing children.
            ``(2) Physical education helps improve the overall health 
        of children by improving their cardiovascular endurance, 
        muscular strength and power, and flexibility, and by enhancing 
        weight regulation, bone development, posture, skillful moving, 
        active lifestyle habits, and constructive use of leisure time.
            ``(3) Physical education helps improve the self esteem, 
        interpersonal relationships, responsible behavior, and 
        independence of children.
            ``(4) Children who participate in high quality daily 
        physical education programs tend to be more healthy and 
        physically fit.
            ``(5) The percentage of young people who are overweight has 
        more than doubled in the 30 years preceding 1999.
            ``(6) Low levels of activity contribute to the high 
        prevalence of obesity among children in the United States.
            ``(7) Obesity related diseases cost the United States 
        economy more than $100,000,000,000 every year.
            ``(8) Inactivity and poor diet cause at least 300,000 
        deaths a year in the United States.
            ``(9) Physically fit adults have significantly reduced risk 
        factors for heart attacks and stroke.
            ``(10) Children are not as active as they should be and 
        fewer than 1 in 4 children get 20 minutes of vigorous activity 
        every day of the week.
            ``(11) The Surgeon General's 1996 Report on Physical 
        Activity and Health, and the Centers for Disease Control and 
        Prevention, recommend daily physical education for all students 
        in kindergarten through grade 12.
            ``(12) Twelve years after Congress passed House Concurrent 
        Resolution 97, 100th Congress, agreed to December 11, 1987, 
        encouraging State and local governments and local educational 
        agencies to provide high quality daily physical education 
        programs for all children in kindergarten through grade 12, 
        little progress has been made.
            ``(13) Every student in our Nation's schools, from 
        kindergarten through grade 12, should have the opportunity to 
        participate in quality physical education. It is the unique 
        role of quality physical education programs to develop the 
        health-related fitness, physical competence, and cognitive 
        understanding about physical activity for all students so that 
        the students can adopt healthy and physically active 
        lifestyles.
            ``(14) Every student in our Nation's schools should have 
        the opportunity to achieve the goals established by Healthy 
        People 2000 and Healthy People 2010.

``SEC. 10999D. PROGRAM AUTHORIZED.

    ``The Secretary is authorized to award grants to, and enter into 
contracts with, local educational agencies to pay the Federal share of 
the costs of initiating, expanding, and improving physical education 
programs for kindergarten through grade 12 students by--
            ``(1) providing equipment and support to enable students to 
        actively participate in physical education activities;
            ``(2) developing or enhancing physical education curricula 
        to meet national goals for physical education developed by the 
        Secretary in consultation with the National Association for 
        Sport and Physical Education; and
            ``(3) providing funds for staff and teacher training and 
        education.

``SEC. 10999E. APPLICATIONS; PROGRAM REQUIREMENTS.

    ``(a) Applications.--Each local educational agency desiring a grant 
or contract under this part shall submit to the Secretary an 
application that contains a plan to initiate, expand, or improve 
physical education programs in the schools served by the agency in 
order to make progress toward meeting--
            ``(1) the goals described in subsection (b); or
            ``(2) State standards for physical education.
    ``(b) Goals.--The goals referred to in subsection (a) are as 
follows:
            ``(1) Physical education programs shall facilitate 
        achievement of the national goals for physical education 
        described in section 10999D(2), and the curriculum of the 
        programs may provide--
                    ``(A) fitness education and assessment to help 
                children understand, improve, or maintain their 
                physical well-being;
                    ``(B) instruction in a variety of motor skills and 
                physical activities designed to enhance the physical, 
                mental, and social or emotional development of every 
                child;
                    ``(C) development of cognitive concepts about motor 
                skill and physical fitness that support a lifelong 
                healthy lifestyle;
                    ``(D) opportunities to develop positive social and 
                cooperative skills through physical activity 
                participation; and
                    ``(E) instruction in healthy eating habits and good 
                nutrition.
            ``(2) Teachers of physical education shall be afforded the 
        opportunity for professional development to stay abreast of the 
        latest research, issues, and trends in the field of physical 
        education.
    ``(c) Special Rule.--For the purpose of this part, extracurricular 
activities such as team sports and Reserve Officers' Training Corps 
(ROTC) program activities shall not be considered as part of the 
curriculum of a physical education program assisted under this part.

``SEC. 10999F. PROPORTIONALITY.

    ``The Secretary shall ensure that grants awarded and contracts 
entered into under this part shall be equitably distributed between 
local educational agencies serving urban and rural areas, and between 
local educational agencies serving large and small numbers of students.

``SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS.

    ``An application for funds under this part, consistent with the 
number of home-schooled children or children enrolled in private 
elementary schools, middle schools, and secondary schools located in 
the school district of a local educational agency, may provide for the 
participation of such children and their teachers in the activities 
assisted under this part.

``SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING.

    ``As a condition to continue to receive grant or contract funding 
after the first year of a multiyear grant or contract under this part, 
the administrator of the grant or contract for the local educational 
agency shall submit to the Secretary an annual report that describes 
the activities conducted during the preceding year and demonstrates 
that progress has been made toward achieving goals described in section 
10999E(b) or meeting State standards for physical education.

``SEC. 10999I. REPORT TO CONGRESS.

    ``The Secretary shall submit a report to Congress not later than 
June 1, 2003, that describes the programs assisted under this part, 
documents the success of such programs in improving physical fitness, 
and makes such recommendations as the Secretary determines appropriate 
for the continuation and improvement of the programs assisted under 
this part.

``SEC. 10999J. ADMINISTRATIVE COSTS.

    ``Not more than 5 percent of the grant or contract funds made 
available to a local educational agency under this part for any fiscal 
year may be used for administrative costs.

``SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT.

    ``(a) Federal Share.--The Federal share under this part may not 
exceed--
            ``(1) 90 percent of the total cost of a project for the 
        first year for which the project receives assistance under this 
        part; and
            ``(2) 75 percent of such cost for the second and each 
        subsequent such year.
    ``(b) Supplement not Supplant.--Funds made available under this 
part shall be used to supplement and not supplant other Federal, State, 
and local funds available for physical education activities.

``SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $30,000,000 for fiscal 
year 2000, $70,000,000 for fiscal year 2001, and $100,000,000 for each 
of the fiscal years 2002 through 2004, to carry out this part. Such 
funds shall remain available until expended.''.
answer:
Requires such grants and contracts to be used for: (1) providing equipment and support to enable students to actively participate in physical education activities; (2) developing or enhancing physical education curricula to meet national goals developed by the Secretary; and (3) providing funds for staff and teacher training and education.
Requires LEA assistance applications for such assistance to contain plans for helping school physical education programs make progress toward meeting State standards for physical education or specified goals. Prohibits extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities from consideration as part of the curriculum of a physical education program assisted under this Act.
Authorizes appropriations.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Trafficking Vessel Interdiction 
Act of 2008''.

                     TITLE I--CRIMINAL PROHIBITION

SEC. 101. FINDINGS AND DECLARATIONS.

    Congress finds and declares that operating or embarking in a 
submersible vessel or semi-submersible vessel without nationality and 
on an international voyage is a serious international problem, 
facilitates transnational crime, including drug trafficking, and 
terrorism, and presents a specific threat to the safety of maritime 
navigation and the security of the United States.

SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL 
              WITHOUT NATIONALITY.

    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2285. Operation of submersible vessel or semi-submersible vessel 
              without nationality
    ``(a) Offense.--Whoever knowingly operates, or attempts or 
conspires to operate, by any means, or embarks in any submersible 
vessel or semi-submersible vessel that is without nationality and that 
is navigating or has navigated into, through, or from waters beyond the 
outer limit of the territorial sea of a single country or a lateral 
limit of that country's territorial sea with an adjacent country, with 
the intent to evade detection, shall be fined under this title, 
imprisoned not more than 15 years, or both.
    ``(b) Evidence of Intent To Evade Detection.--For purposes of 
subsection (a), the presence of any of the indicia described in 
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), 
of section 70507(b) of title 46 may be considered, in the totality of 
the circumstances, to be prima facie evidence of intent to evade 
detection.
    ``(c) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section, including an 
attempt or conspiracy to commit such an offense.
    ``(d) Claim of Nationality or Registry.--A claim of nationality or 
registry under this section includes only--
            ``(1) possession on board the vessel and production of 
        documents evidencing the vessel's nationality as provided in 
        article 5 of the 1958 Convention on the High Seas;
            ``(2) flying its nation's ensign or flag; or
            ``(3) a verbal claim of nationality or registry by the 
        master or individual in charge of the vessel.
    ``(e) Affirmative Defenses.--
            ``(1) In general.--It is an affirmative defense to a 
        prosecution for a violation of subsection (a), which the 
        defendant has the burden to prove by a preponderance of the 
        evidence, that the submersible vessel or semi-submersible 
        vessel involved was, at the time of the offense--
                    ``(A) a vessel of the United States or lawfully 
                registered in a foreign nation as claimed by the master 
                or individual in charge of the vessel when requested to 
                make a claim by an officer of the United States 
                authorized to enforce applicable provisions of United 
                States law;
                    ``(B) classed by and designed in accordance with 
                the rules of a classification society;
                    ``(C) lawfully operated in government-regulated or 
                licensed activity, including commerce, research, or 
                exploration; or
                    ``(D) equipped with and using an operable automatic 
                identification system, vessel monitoring system, or 
                long range identification and tracking system.
            ``(2) Production of documents.--The affirmative defenses 
        provided by this subsection are proved conclusively by the 
        production of--
                    ``(A) government documents evidencing the vessel's 
                nationality at the time of the offense, as provided in 
                article 5 of the 1958 Convention on the High Seas;
                    ``(B) a certificate of classification issued by the 
                vessel's classification society upon completion of 
                relevant classification surveys and valid at the time 
                of the offense; or
                    ``(C) government documents evidencing licensure, 
                regulation, or registration for commerce, research, or 
                exploration.
    ``(f) Federal Activities Excepted.--Nothing in this section applies 
to lawfully authorized activities carried out by or at the direction of 
the United States Government.
    ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 
of title 46 apply to offenses under this section in the same manner as 
they apply to offenses under section 70503 of such title.
    ``(h) Definitions.--In this section, the terms `submersible 
vessel', `semi-submersible vessel', `vessel of the United States', and 
`vessel without nationality' have the meaning given those terms in 
section 70502 of title 46.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 111 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2284 the following:

``2285. Operation of submersible vessel or semi-submersible vessel 
                            without nationality.''.

SEC. 103. SENTENCING GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall promulgate sentencing 
guidelines (including policy statements) or amend existing sentencing 
guidelines (including policy statements) to provide adequate penalties 
for persons convicted of knowingly operating by any means or embarking 
in any submersible vessel or semi-submersible vessel in violation of 
section 2285 of title 18, United States Code.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of the offense described 
        in section 2285 of title 18, United States Code, and the need 
        for deterrence to prevent such offenses;
            (2) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including--
                    (A) the use of a submersible vessel or semi-
                submersible vessel described in section 2285 of title 
                18, United States Code, to facilitate other felonies;
                    (B) the repeated use of a submersible vessel or 
                semi-submersible vessel described in section 2285 of 
                title 18, United States Code, to facilitate other 
                felonies, including whether such use is part of an 
                ongoing criminal organization or enterprise;
                    (C) whether the use of such a vessel involves a 
                pattern of continued and flagrant violations of section 
                2285 of title 18, United States Code;
                    (D) whether the persons operating or embarking in a 
                submersible vessel or semi-submersible vessel willfully 
                caused, attempted to cause, or permitted the 
                destruction or damage of such vessel or failed to heave 
                to when directed by law enforcement officers; and
                    (E) circumstances for which the sentencing 
                guidelines (and policy statements) provide sentencing 
                enhancements;
            (3) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines and policy statements, 
        and statutory provisions;
            (4) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (5) ensure that the sentencing guidelines and policy 
        statements adequately meet the purposes of sentencing set forth 
        in section 3553(a)(2) of title 18, United States Code.

                      TITLE II--CIVIL PROHIBITION

SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL 
              WITHOUT NATIONALITY.

    (a) Finding and Declaration.--Section 70501 of title 46, United 
States Code, is amended--
            (1) by inserting ``(1)'' after ``that''; and
            (2) by striking ``States.'' and inserting ``States and (2) 
        operating or embarking in a submersible vessel or semi-
        submersible vessel without nationality and on an international 
        voyage is a serious international problem, facilitates 
        transnational crime, including drug trafficking, and terrorism, 
        and presents a specific threat to the safety of maritime 
        navigation and the security of the United States.''.

SEC. 202. OPERATION PROHIBITED.

    (a) In General.--Chapter 705 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 70508. Operation of submersible vessel or semi-submersible 
              vessel without nationality
    ``(a) In General.--An individual may not operate by any means or 
embark in any submersible vessel or semi-submersible vessel that is 
without nationality and that is navigating or has navigated into, 
through, or from waters beyond the outer limit of the territorial sea 
of a single country or a lateral limit of that country's territorial 
sea with an adjacent country, with the intent to evade detection
    ``(b) Evidence of Intent To Evade Detection.--In any civil 
enforcement proceeding for a violation of subsection (a), the presence 
of any of the indicia described in paragraph (1)(A), (E), (F), or (G), 
or in paragraph (4), (5), or (6), of section 70507(b) may be 
considered, in the totality of the circumstances, to be prima facie 
evidence of intent to evade detection.
    ``(c) Defenses.--
            ``(1) In general.--It is a defense in any civil enforcement 
        proceeding for a violation of subsection (a) that the 
        submersible vessel or semi-submersible vessel involved was, at 
        the time of the violation--
                    ``(A) a vessel of the United States or lawfully 
                registered in a foreign nation as claimed by the master 
                or individual in charge of the vessel when requested to 
                make a claim by an officer of the United States 
                authorized to enforce applicable provisions of United 
                States law;
                    ``(B) classed by and designed in accordance with 
                the rules of a classification society;
                    ``(C) lawfully operated in government-regulated or 
                licensed activity, including commerce, research, or 
                exploration; or
                    ``(D) equipped with and using an operable automatic 
                identification system, vessel monitoring system, or 
                long range identification and tracking system.
            ``(2) Production of documents.--The defenses provided by 
        this subsection are proved conclusively by the production of--
                    ``(A) government documents evidencing the vessel's 
                nationality at the time of the offense, as provided in 
                article 5 of the 1958 Convention on the High Seas;
                    ``(B) a certificate of classification issued by the 
                vessel's classification society upon completion of 
                relevant classification surveys and valid at the time 
                of the offense; or
                    ``(C) government documents evidencing licensure, 
                regulation, or registration for research or 
                exploration.
    ``(d) Civil Penalty.--A person violating this section shall be 
liable to the United States for a civil penalty of not more than 
$1,000,000.''
    (b) Conforming Amendments.--
            (1) The chapter analysis for chapter 705 of title 46, 
        United States Code, is amended by inserting after the item 
        relating to section 70507 the following:

``70508. Operation of submersible vessel or semi-submersible vessel 
                            without nationality.''.
            (2) Section 70504(b) of title 46, United States Code, is 
        amended by inserting ``or 70508'' after ``70503''.
            (3) Section 70505 of title 46, United States Code, is 
        amended by striking ``this title'' and inserting ``this title, 
        or against whom a civil enforcement proceeding is brought under 
        section 70508,''.

SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.

    Section 70502 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(f) Semi-Submersible Vessel; Submersible Vessel.--In this 
chapter:
            ``(1) Semi-submersible vessel.--The term `semi-submersible 
        vessel' means any watercraft constructed or adapted to be 
        capable of operating with most of its hull and bulk under the 
        surface of the water, including both manned and unmanned 
        watercraft.
            ``(2) Submersible vessel.--The term `submersible vessel' 
        means a vessel that is capable of operating completely below 
        the surface of the water, including both manned and unmanned 
        watercraft.''.
answer:
Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Imposes an additional civil fine of up to $1 million for violations.


question:
SECTION 1. FEASIBILITY STUDY.

    (a) Authorized.--Pursuant to Federal reclamation law (the Act of 
June 7, 1902, and all Acts amendatory thereof or supplementary 
thereto), the Secretary of the Interior is authorized to conduct a 
feasibility study to determine the most feasible method of meeting the 
present and future water supply and related storage requirements within 
the area served by the Fryingpan-Arkansas Project, including the 
potential enlargement of Fryingpan-Arkansas facilities. In conducting 
such study, the Secretary shall take into consideration the Preferred 
Storage Options Plan Report published September 21, 2000, by the 
Southeastern Colorado Water and Storage Needs Assessment Enterprise and 
Final PSOP Implementation Committee Report dated April 19, 2001 
(hereinafter referred to as the ``PSOP Reports''), the 
intergovernmental agreement dated May 27, 2004 among the City of 
Pueblo, the City of Aurora, the Southeastern Colorado Water Conservancy 
District, the City of Fountain, the City of Colorado Springs, the Board 
of Water Works of Pueblo, Colorado (hereinafter referred to as the 
``Regional IGA''), and the need to ensure compliance with the Arkansas 
River Compact as executed by the states of Colorado and Kansas on 
December 14, 1948 (hereinafter referred to as the ``Arkansas River 
Compact'').
    (b) Funding.--Before funds are expended for the study authorized by 
this section, the Southeastern Colorado Water Activity Enterprise shall 
first agree to participate in the feasibility study and to fund, at a 
minimum, 50 percent of the costs of such study. The Southeastern 
Colorado Water Activity Enterprise's share of the costs may be provided 
partly or wholly in the form of services directly related to the 
conduct of the study, as determined by the Secretary. Costs incurred 
prior to the enactment of this Act to develop the PSOP Reports may be 
credited toward such Enterprise's share of the costs of the feasibility 
study, as determined by the Secretary.
    (c) Study to Be Submitted.--The Secretary shall submit the 
feasibility study authorized by this section to the President and the 
President Pro Tempore of the Senate and the Speaker of the House of 
Representatives.
    (d) Further Authorization Required for Certain Expenditures.--No 
funds shall be expended for the construction of enlargements, or any 
other alternative identified in the feasibility study authorized by 
this section for which authority does not currently exist, without 
further authorization by Congress.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $4,000,000 to conduct the feasibility study authorized by 
this section.

SEC. 2. SECRETARY AUTHORIZED TO ENTER INTO CONTRACTS FOR THE USE OF 
              EXCESS STORAGE AND CONVEYANCE CAPACITY OF THE FRYINGPAN-
              ARKANSAS PROJECT, COLORADO.

    The Act of August 16, 1962, as amended, (76 Stat. 389 et seq., as 
amended), is amended further by adding at the end the following new 
sections:
    ``Sec. 8. (a)(1) Except as provided in Section 9, and subject to 
the provisions of this Act and all other applicable Federal statutes, 
the Secretary is authorized to enter into contracts with any entity, 
private or public, (hereinafter referred to as `entity'), for the use 
of excess capacity in the Fryingpan-Arkansas Project for the purpose of 
diverting, storing, impounding, pumping, exchanging, or conveying 
nonproject water for irrigation, domestic, municipal and industrial, or 
any other beneficial purpose.
    ``(2) In entering into such contracts, the Secretary shall take 
into consideration the PSOP Reports, the Regional IGA and the need to 
ensure compliance with the Arkansas River Compact.
    ``(b) The Secretary is authorized to enter into contracts pursuant 
to this section provided that--
            ``(1) to the extent such contracts are with an entity that 
        does not have an allocation of Project carry over storage space 
        pursuant to the allocation principles adopted by the 
        Southeastern Colorado Water Conservancy District on November 
        29, 1979, and confirmed by the District Court of Pueblo County 
        in Civil Action No. 40487 by decree dated December 18, 1979, 
        including any subsequent modifications made by the District 
        that are confirmed by the District Court; the contracts shall 
        not impair or otherwise interfere with the ability of an entity 
        that does have an allocation of Project carry over storage 
        space to enter into contracts for the use of excess water 
        storage and conveyance capacity pursuant to this section 8; and
            ``(2) except as provided in section 9, before entering into 
        such a contract with an entity that will use water stored or 
        conveyed under such contract outside of the natural basin of 
        the Arkansas River within Colorado, the Secretary shall provide 
        the Southeastern Colorado Water Conservancy District a first 
        right of refusal, exercisable within 90 days, to enter into 
        contracts for the use of excess water storage and conveyance 
        capacity made available to the individual or entity that will 
        use water stored or conveyed under such contract outside of the 
        natural basin of the Arkansas River within Colorado; Provided, 
        in no event shall the Southeastern Colorado Water Conservancy 
        District enter into a sub-contract with an entity that will use 
        water stored or conveyed under such contract outside of the 
        natural basin of the Arkansas River.
    ``(c) Subject to the provisions of subsection (b), the Secretary 
may enter into contracts authorized by this section upon such terms and 
conditions as the Secretary may determine to be just and equitable. The 
term of any such contract shall be for such period, not to exceed 40 
years, as the Secretary deems appropriate. Upon expiration, such 
contracts may be renewed upon such terms and conditions as may be 
mutually agreeable to the Secretary and the contractor for the use of 
excess capacity.
    ``(d) All charges established pursuant to this section shall be 
just and equitable as to the rates paid by the those entities that 
receive project water from the Fryingpan-Arkansas Project facilities.
    ``(e) Prior to the execution of any contracts under this section, 
the Secretary shall execute an agreement with the Southeastern Colorado 
Water Activity Enterprise to provide guidelines for the terms to be 
contained in the contracts executed pursuant to this section. Such 
guidelines shall appropriately address impacts associated with water 
operations under the contracts, surcharges established by the 
Enterprise, reimbursement of costs incurred, and water quality 
monitoring, as identified by the Southeastern Colorado Water Activity 
Enterprise and the Secretary.
    ``Sec. 9. (a) The Secretary of the Interior may enter into new and 
renewal contracts with the City of Aurora, Colorado, or an enterprise 
of the City, for a term not to exceed the term referenced in Section 
8(c), for the use of excess capacity in the Fryingpan-Arkansas Project 
for the purpose of diverting, storing, impounding, pumping, exchanging, 
or conveying nonproject water for irrigation, domestic, municipal and 
industrial, or any other beneficial purpose. Such contracts shall be--
            ``(1) limited to waters appropriated from the Arkansas 
        River held by the City of Aurora, Colorado, or an enterprise of 
        the City that--
                    ``(A) are decreed water rights and owned by the 
                City of Aurora, Colorado, or an enterprise of the City 
                as of December 7, 2001;
                    ``(B) are water rights described in a Colorado 
                Water Court water rights application pending as of 
                December 7, 2001, or an amendment or re-filing thereof, 
                as long as such amendment or re-filing does not 
                increase the draft of water from the Arkansas Basin 
                that would have been available to City of Aurora, 
                Colorado, or an enterprise of the City under the 
                original application;
                    ``(C) result from water lease agreements existing 
                as of December 7, 2001, including any renewal or 
                replacement contract for no more than the existing 
                amount of water;
                    ``(D) result from interruptible supply agreements 
                or water bank transactions authorized under Colorado 
                law, and operating no more than five calendar years 
                during any period of ten consecutive calendar years; or
                    ``(E) is traded to, or exchanged with, the City of 
                Aurora, Colorado, or an enterprise of the City for one 
                of the foregoing items (A) through (C) as long as such 
                trade or exchange does not increase the draft of water 
                from the Arkansas River Basin that would have been 
                available to the City of Aurora, Colorado, or an 
                enterprise of the City under subparagraphs (A) through 
                (C);
            ``(2) are for water obtained by the City of Aurora, 
        Colorado, or an enterprise of the City from the Colorado River 
        consistent with section 12; or
            ``(3) take into consideration the need to ensure compliance 
        with the Arkansas River Compact as executed by the states of 
        Colorado and Kansas on December 14, 1948.
    ``(b) Prior to the execution of any renewal contract with the City 
of Aurora, the Secretary of the Interior shall execute an Agreement 
with the Southeastern Colorado Water Activity Enterprise, which 
agreement shall provide guidelines for the terms to be contained in a 
renewal contract executed pursuant to this section. Such guidelines 
shall appropriately address those impacts associated with water 
operations under the contracts, such as storage and convenience 
charges, surcharges established by the Enterprise, reimbursement of 
costs incurred, and water quality monitoring, as identified by the 
Southeastern Colorado Enterprise and the Secretary.
    ``(c) Any contract executed under the authority of subsection (a) 
or (b) shall be in compliance with the provisions of section 8(b)(1).
    ``(d) The Secretary shall establish such charges under this section 
9 in a manner consistent with the provisions of section 8(d).
    ``Sec. 10. (a) Nonproject water diverted, stored, impounded, 
pumped, exchanged, or conveyed under a contract entered into pursuant 
to section 8 or 9 shall be exempt from any acreage limitation 
provisions of the Act of June 17, 1902 (32 Stat. 388), and Acts 
amendatory thereof and supplementary thereto including, but not limited 
to, the Warren Act of 1911, the Reclamation Reform Act of 1982 (96 
Stat. 1263; 43 U.S.C. 390aa-zz-1) and from any farm unit size 
limitations established pursuant to section 4(c)(5) of the Act of 
August 11, 1939 (Chapter 717; 16 U.S.C. 59-2(c)(5)).
    ``(b) Notwithstanding subsection (a), if such nonproject water is 
commingled with project water in Reclamation project facilities, and 
the resulting commingled supply is used to irrigate lands in a project 
contractor's service area, then such commingled water shall bear the 
same acreage limitations or farm unit size limitations as the project 
water unless--
            ``(1) contract provisions are in effect which provide that 
        project or nonproject water, or both, will be accounted for on 
        a quantitative basis, that project water will not be delivered 
        to ineligible land, and that appropriate charges, as determined 
        by the Secretary, will be paid for the project water; and
            ``(2) the charges for the use of the excess capacity 
        include an appropriate interest component, as determined by the 
        Secretary.
    ``Sec. 11. (a) Excess water storage capacity of the Fryingpan-
Arkansas Project to divert, store, impound, pump, exchange, or convey 
nonproject water made available under contracts executed pursuant to 
the provisions of sections 8 and 9 shall not be utilized so as to 
increase diversion of nonproject water from the natural basin of the 
Colorado River within Colorado into another river basin for delivery or 
storage unless--
            ``(1) the diversion is the subject of a decree entered 
        prior to the effective date of this section for which no new 
        infrastructure or legal approvals are necessary to divert the 
        water out of the natural basin;
            ``(2) the diversion is the subject of an agreement in 
        existence on the date of the enactment of this section, 
        contemplating additional diversions diverted through or stored 
        in the facilities authorized by this Act, between the 
        beneficiary of such transbasin diversion and the water 
        conservation district, as defined under Colorado law, from 
        within whose boundaries the waters are proposed for diversion;
            ``(3) the diversion is the subject of an intergovernmental 
        agreement or other contractual arrangement executed after the 
        date of the enactment of this section, between the beneficiary 
        of such transbasin diversion and the water conservation 
        district, as defined under Colorado law, from within whose 
        boundaries the waters are proposed for diversion; or
            ``(4) the beneficiary of such transbasin diversion provides 
        compensatory storage or alternate water supply in an amount 
        equal to the quantity diverted out of the basin for the benefit 
        of the water conservation district, as defined under Colorado 
        law, from within whose boundaries the waters are proposed for 
        diversion.
    ``(b) Prior to executing any agreement, or arrangement or agreement 
for provision of compensatory storage or alternative water supply, that 
allows for increased diversions of nonproject water as described in 
subsection (a), the parties to such agreements or arrangements shall 
submit the agreement or arrangement to the Secretary, who, within 30 
days, shall submit such agreement or arrangement to the President Pro 
Tempore of the Senate and the Speaker of the House of Representatives 
for a period of not less than 60 days.
    ``(c) This section shall not be considered as precedent for any 
other Congressionally authorized project.''.
answer:

Authorizes the Secretary of the Interior to: (1) conduct a feasibility study to determine the most feasible method of meeting the present and future water supply and related storage requirements within the area served by the Fryingpan-Arkansas Project, Colorado, including the potential enlargement of Fryingpan-Arkansas facilities; and (2) enter into contracts with any entity, private or public for the use of excess capacity in such Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose; and (3) enter into new and renewal contracts with the City of Aurora, Colorado, or an enterprise of the City, for a specified term, for the use of excess capacity in such Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose.