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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eastern New Mexico Rural Water 
System Authorization Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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, 
        maintenance, and replacement plan required by section 4(b).
            (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.
                    (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.

SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM.

    (a) Financial Assistance.--
            (1) In general.--The Secretary may provide financial and 
        technical assistance to the Authority to assist in planning, 
        designing, conducting related preconstruction activities for, 
        and constructing the System.
            (2) Use.--
                    (A) In general.--Any financial assistance provided 
                under paragraph (1) shall be obligated and expended 
                only in accordance with a cooperative agreement entered 
                into under section 5(a)(2).
                    (B) Limitations.--Financial assistance provided 
                under paragraph (1) 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.
    (b) Cost-Sharing Requirement.--
            (1) In general.--The Federal share of the total cost of any 
        activity or construction carried out using amounts made 
        available under this Act shall be not more than 75 percent of 
        the total cost of the System.
            (2) System development costs.--For purposes of paragraph 
        (1), 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.
    (c) Limitation.--No amounts made available under this Act may be 
used for the construction of the System until--
            (1) a plan is developed under section 4(b); and
            (2) 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.
    (d) Title to Project Works.--Title to the infrastructure of the 
System shall be held by the Authority or as may otherwise be specified 
under State law.

SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.

    (a) In General.--The Authority shall be responsible for the annual 
operation, maintenance, and replacement costs associated with the 
System.
    (b) Operation, Maintenance, and Replacement 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 necessary to ensure that 
the System is properly maintained and capable of delivering 
approximately 16,500 acre-feet of water per year.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) Cooperative Agreements.--
            (1) In general.--The Secretary may enter into any contract, 
        grant, cooperative agreement, or other agreement that is 
        necessary to carry out this Act.
            (2) Cooperative agreement for provision of financial 
        assistance.--
                    (A) 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.
                    (B) Requirements.--The cooperative agreement 
                entered into under subparagraph (A) 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 section 3(b) 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.
    (b) 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.
    (c) 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.
    (d) Effect.--Nothing in this Act--
            (1) affects or preempts--
                    (A) State water law; or
                    (B) an interstate compact relating to the 
                allocation of water; or
            (2) confers on any non-Federal entity the ability to 
        exercise any Federal rights to--
                    (A) the water of a stream; or
                    (B) any groundwater resource.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In accordance with the adjustment carried out 
under subsection (b), there is authorized to be appropriated to the 
Secretary to carry out this Act an amount not greater than 
$327,000,000.
    (b) Adjustment.--The amount made available under subsection (a) 
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 
Act.
    (c) Nonreimbursable Amounts.--Amounts made available to the 
Authority in accordance with the cost-sharing requirement under section 
3(b) shall be nonreimbursable and nonreturnable to the United States.
    (d) Availability of Funds.--At the end of each fiscal year, any 
unexpended funds appropriated pursuant to this Act shall be retained 
for use in future fiscal years consistent with this Act.
Eastern New Mexico Rural Water System Authorization Act - (Sec. 3) Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System.

Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority or the state of New Mexico on or after October 1, 2003, for System development.

(Sec. 4) Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and until the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969.

(Sec. 5) Directs the Secretary to: (1) enter into a cooperative agreement to provide financial and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System, subject to specified requirements; and (2) consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973. Authorizes the Secretary, at the Authority's request, to provide technical assistance in planning, designing, constructing, and operating the System.

(Sec. 6) Authorizes appropriations. Requires: (1) the amount made available to 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 Act; (2) amounts made available to the Authority in accordance with the cost-sharing requirement to be nonreimbursable and nonreturnable to the United States; and (3) any unexpended appropriated funds to be retained for use in future fiscal years consistent with this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevention of Escapement of 
Genetically Altered Salmon in the United States Act''.

SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED SALMON.

    (a) Prohibition.--It shall be unlawful for a person--
            (1) to ship, transport, offer for sale, sell, or purchase a 
        covered fish, or a product containing covered fish, in 
        interstate or foreign commerce;
            (2) to have custody, control, or possession of, with the 
        intent to ship, transport, offer for sale, sell, or purchase a 
        covered fish, or a product containing covered fish, in 
        interstate commerce;
            (3) to engage in net-pen aquaculture of covered fish;
            (4) to release a covered fish into a natural environment; 
        or
            (5) to have custody, control, or possession of a covered 
        fish with the intent to release it into a natural environment.
    (b) Exception.--Subsection (a) shall not apply to a fish, fish 
part, or product--
            (1) under confined use, or intended for confined use, for 
        scientific research;
            (2) collected for the purpose of enforcing this Act; or
            (3) if the Under Secretary of Commerce for Oceans and 
        Atmosphere, in consultation with the Director of the United 
        States Fish and Wildlife Service and any other Federal, State, 
        or tribal entity the Under Secretary considers appropriate, 
        reviews any application requesting an action by a department or 
        agency of the Federal government to permit an act prohibited 
        under subsection (a), including any environmental assessment 
        prepared as part of that application, and--
                    (A) prepares a finding of no significant impact in 
                accordance with the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.); or
                    (B) finds the application to be consistent with an 
                environmental impact statement prepared by the Under 
                Secretary in accordance with section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332) that includes--
                            (i) an environmental risk analysis that 
                        assesses the potential direct and indirect 
                        impacts from escapement of covered fish on wild 
                        and cultured fish stocks and environments that 
                        may be exposed to such covered fish;
                            (ii) a failure mode and effects analysis 
                        that quantitatively assesses the best- and 
                        worst-case probabilities of failure of each 
                        applicable confinement technique;
                            (iii) an assessment of the costs of control 
                        or eradication of escaped covered fish; and
                            (iv) an assessment of the potential 
                        economic damage in terms of loss of production 
                        or sales to relevant wild and cultured fish 
                        stocks and environments from the escapement of 
                        covered fish.
    (c) Environmental Impact Considerations.--
            (1) Notice.--Each agency, department, or other unit of the 
        Federal Government shall promptly notify the Under Secretary of 
        Commerce for Oceans and Atmosphere when an action involving 
        covered fish, or a product containing covered fish is first 
        identified by such unit.
            (2) Ensuring compliance.--The Under Secretary of Commerce 
        for Oceans and Atmosphere, in cooperation with each Federal, 
        State, or tribal entity that the Under Secretary considers 
        appropriate, may monitor any mitigation measures proposed under 
        subsection (b)(3) to ensure implementation and compliance 
        therewith.
            (3) Provisions as complementary.--The provisions of this 
        Act are in addition to, and shall not affect the operation of, 
        other Federal, State, or local laws regulating a covered fish, 
        or a product containing covered fish.
    (d) Rules and Regulations.--The Secretary shall prescribe such 
rules and regulations as the Secretary considers necessary to carry out 
the provisions of this Act.

SEC. 3. ENFORCEMENT AND PENALTIES.

    (a) Enforcement.--The Secretary of Commerce may enforce section 2 
in the same manner, by the same means, and with the same jurisdiction, 
powers, and duties provided under sections 308, 309, 310, and 311 of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858, 1859, 1860, and 1861).
    (b) Penalties.--A person who violates section 2 shall be subject to 
the penalties, and entitled to the privileges and immunities, under 
sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861).

SEC. 4. REPORT ON RISKS TO WILD FISH STOCKS.

    Not later than 180 days after the date of enactment of this Act, 
the Under Secretary of Commerce for Oceans and Atmosphere shall 
transmit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Natural Resources of the House of 
Representatives the report under section 1007 of the Food and Drug 
Administration Amendments Act of 2007 (21 U.S.C. 2106).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Confined use.--The term ``confined use'' means any 
        operation, undertaken within a secured, land-based facility, 
        that involves a covered fish controlled by specific measures 
        that effectively prevent the covered fish from having contact 
        with and impact on the external environment, including 
        biological and physical confinement measures.
            (2) Covered fish.--The term ``covered fish'' means any 
        finfish, live or dead, including the gametes, fertilized eggs, 
        offspring, and descendants thereof, that is modified or 
        produced through the application of recombinant 
        deoxyribonucleic acid (DNA) technologies, using DNA from an 
        organism's own genome or that of another species, that overcome 
        natural physiological reproductive barriers and that are not 
        techniques used in traditional breeding and selection.
            (3) Finding of no significant impact.--The term ``finding 
        of no significant impact'' has the meaning given the term in 
        section 1508.13 of title 40, Code of Federal Regulations.
            (4) Product.--The term ``product'' means an item 
        manufactured or produced for sale or use as food.
Prevention of Escapement of Genetically Altered Salmon in the United States Act  This bill prohibits a person from:   shipping, transporting, offering for sale, selling, or purchasing a genetically altered finfish, or a food product containing those fish, in commerce;  having custody, control, or possession of those fish or food products with the intent to ship, transport, offer for sale, sell, or purchase them in commerce;  engaging in net-pen aquaculture (pens of fish contained by nets) of those fish;  releasing those fish into a natural environment; or  having custody, control, or possession of those fish with the intent to release them into a natural environment.    Fish, fish parts, or products confined for scientific research or collected to enforce this Act are exempted from the prohibition. An additional exemption is established if the National Oceanic and Atmospheric Administration (NOAA): (1) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 after reviewing an application requesting a federal agency to permit activity prohibited by this Act, or (2) finds the application to be consistent with an environmental impact statement that includes an environmental risk analysis and specified assessments of costs and potential economic damage. Each federal agency must promptly notify NOAA when an action involving those fish or food products is first identified by the agency. The Department of Commerce may enforce penalties for violations of this Act under specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-Centives Act of 2008''.

SEC. 2. INCREASED MATCHING PAYMENTS UNDER MEDICAID FOR HEALTH 
              INFORMATION TECHNOLOGY.

    Section 1903 of the Social Security Act (42 U.S.C. 1396b) is 
amended--
            (1) in subsection (a)(3)(E), by inserting ``(other than 
        costs attributable to programs described in subsection (bb))'' 
        after ``costs incurred during such quarter''; and
            (2) by adding at the end the following new subsections:
    ``(aa) Enhanced Payments for Certified Health Information 
Technology Incentives.--
            ``(1) In general.--The Secretary shall provide for payments 
        to each State that provides incentive payments to physicians, 
        hospitals, and community health centers that exhibit meaningful 
        use of health information technology certified under this 
        subsection, as determined by the measures for meaningful use of 
        health information technology under paragraph (5). No payment 
        may be made to a State for incentive payments made by a State 
        for meaningful use of health information technology that occurs 
        before January 1, 2012.
            ``(2) Application.--To qualify for payments under paragraph 
        (1), a State shall submit an application in a time and manner 
        specified by the Secretary and containing the following:
                    ``(A) A description of the incentive payments.
                    ``(B) A description of the method the State will 
                use to allocate such incentive payments among 
                physicians, hospitals, and community health centers, 
                including how the State will prioritize payments to 
                providers serving a high percentage of Medicaid, SCHIP, 
                and uninsured patients.
                    ``(C) A time line for implementing such payment 
                incentives.
                    ``(D) A plan for disseminating information to 
                physicians, hospitals, and community health centers 
                about the availability of such payment incentives.
                    ``(E) An assessment of the current level of use of 
                health information technology by physicians, hospitals, 
                and community health centers in the State, using a 
                standard assessment form developed by the Secretary.
                    ``(F) Any other information required by the 
                Secretary.
            ``(3) Amount of payments to states.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                payments made to States under this subsection shall be 
                in an amount equal to the enhanced FMAP (as defined in 
                section 2105(b)) of sums expended during any quarter 
                commencing on or after January 1, 2012, as are 
                attributable to providing incentive payments under 
                paragraph (1).
                    ``(B) Limitation.--
                            ``(i) Fiscal year limitation.--The total 
                        amount of payments made under this subsection 
                        shall not exceed $500,000,000 for any fiscal 
                        year.
                            ``(ii) Allocation.--If the amounts 
                        otherwise payable under this subsection for a 
                        fiscal year exceed the amount specified in 
                        clause (i), the Secretary shall reduce the 
                        amounts payable under this subsection, in a 
                        manner specified by the Secretary, to comply 
                        with the limitation under such clause.
                            ``(iii) Duplicative payments prohibited.--
                        No payment shall be made under any other 
                        provision of this title for expenditures for 
                        which payment is made under this subsection.
                    ``(C) Manner of payment.--Payment to a State under 
                this subsection shall be made in the same manner as 
                payments under subsection (a).
            ``(4) Certification requirements for health information 
        technology.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Office of the National Coordinator of Health 
                Information Technology and the Certification Commission 
                of Health Information Technology, shall determine the 
                requirements for certification of health information 
                technology under this subsection.
                    ``(B) Interim certification requirements.--During 
                any period in which the Secretary has not determined 
                such certification requirements, the Secretary, for 
                purposes of this subsection, shall use the 
                certification requirements for health information 
                technology established by the Certification Commission 
                for Health Information Technology.
            ``(5) Measures for meaningful use of health information 
        technology.--
                    ``(A) In general.--For purposes of this subsection, 
                the Secretary shall publish standard measures of 
                meaningful use of health information technology to be 
                used by providers to demonstrate meaningful use of 
                certified health information technology. Such measures 
                may include--
                            ``(i) self-certification of operational use 
                        of such technology;
                            ``(ii) the submission of (or ability to 
                        submit), in a form and manner specified by the 
                        Secretary, such information on clinical 
                        measures and data (that do not include 
                        individually identifiable health information) 
                        from such technology as indicates a meaningful 
                        utilization of such technology; and
                            ``(iii) such other means as the Secretary 
                        may specify.
                    ``(B) Alternative measures.--The Secretary may 
                establish and apply different measures based on the 
                stage of implementation or adoption of the certified 
                health information technology involved.
    ``(bb) Payments for Electronic Information and Eligibility Systems 
and Patient Registries.--
            ``(1) In general.--In addition to the payments provided 
        under subsection (a), the Secretary shall provide for payments 
        to each State that establishes a program to--
                    ``(A) design, develop, install, maintain, and 
                operate--
                            ``(i) electronic information and 
                        eligibility systems; and
                            ``(ii) patient registries for the purpose 
                        of disease screening; and
                    ``(B) train providers in the use of such systems 
                and registries.
            ``(2) Application.--To qualify for payments under paragraph 
        (1), a State shall submit an application in such time and 
        manner as required by the Secretary and containing such 
        information as the Secretary specifies and include, at a 
        minimum, a description of the electronic information and 
        eligibility systems and patient registries covered by the 
        program described in paragraph (1).
            ``(3) Amount of payments to states.--
                    ``(A) In general.--The payments made a State under 
                this subsection shall be an amount equal to--
                            ``(i) 90 percent of so much of the sums 
                        expended by such State during any quarter 
                        commencing on or after January 1, 2009, as are 
                        attributable to--
                                    ``(I) the design, development, or 
                                installation of electronic information 
                                and eligibility systems and patient 
                                registries under paragraph (1); and
                                    ``(II) training staff employed by 
                                providers on the use of such system or 
                                registry during the three-year period 
                                beginning on the date such system or 
                                registry is installed; and
                            ``(ii) 75 percent of so much of the sums 
                        expended by such State during any quarter 
                        commencing on or after January 1, 2009, as are 
                        attributable to--
                                    ``(I) the maintenance of such 
                                systems and registries; and
                                    ``(II) training for staff employed 
                                by providers on the use of a system or 
                                registry that occurs after the last day 
                                of the end of the period described in 
                                clause (i)(II).
                    ``(B) Manner of payment.--Payment to a State under 
                this subsection shall be made in the same manner as 
                payments under subsection (a).
            ``(4) Electronic eligibility and information system 
        defined.--For purposes of this subsection, the term `electronic 
        eligibility and information system' means a system for 
        determining eligibility and exchanging information that meets 
        such requirements as the Secretary shall specify. Such 
        requirements for a system shall include a requirement that the 
        system--
                    ``(A) be interconnected and interoperable with 
                other electronic systems and registries, including--
                            ``(i) systems administered by the Centers 
                        for Disease Control for disease reporting 
                        purposes;
                            ``(ii) systems that exist for the purpose 
                        of determining eligibility for the Medicare 
                        program under title XVIII; and
                            ``(iii) systems that exist for the purpose 
                        of determining eligibility for the Temporary 
                        Assistance for Needy Families program under 
                        title IV, free and reduced price lunches under 
                        the Richard B. Russell National School Lunch 
                        Act (42 U.S.C. 1751 et seq.), or other 
                        federally funded programs targeted to low-
                        income populations; and
                    ``(B) can be used to automatically send, receive, 
                and integrate data (including laboratory results and 
                medical histories) from systems and registries 
                administered by other providers or organizations or 
                through a health information exchange.''.

SEC. 3. MEDICAID TRANSFORMATION PAYMENTS REPORT.

    (a) In General.--Not later than June 30, 2009, the Secretary of 
Health and Human Services shall submit to Congress a report on Medicaid 
transformation payments under section 1903(z) of the Social Security 
Act (42 U.S.C. 1396b(z)).
    (b) Contents.--The report under subsection (a) shall include--
            (1) a description--
                    (A) of the financial costs and benefits of the 
                Medicaid transformation payments;
                    (B) of the entities to which such costs and 
                benefits accrue; and
                    (C) of any reduction in duplicative or unnecessary 
                care resulting from methods adopted by States and 
                funded by such payments; and
            (2) an analysis of the information contained in the reports 
        submitted to the Secretary by States under section 
        1903(z)(3)(C) of the Social Security Act during the two-year 
        period ending on December 31, 2008, including--
                    (A) the impact of the methods funded by the 
                payments on--
                            (i) health care quality and safety; and
                            (ii) the privacy and security of 
                        identifiable health information;
                    (B) the effect of such methods on furthering 
                interconnectedness between--
                            (i) providers and State Medicaid programs; 
                        and
                            (ii) State Medicaid programs and other 
                        programs for low-income populations 
                        administered by State and Federal entities;
                    (C) the extent to which such methods reduce the 
                administrative burden on such programs; and
                    (D) the contribution of the payments to the goals 
                of public health and public health reporting.

E-Centives Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to make enhanced matching payments to states that provide incentive payments to physicians, hospitals, and community health centers that exhibit meaningful use of certified health information technology.

Limits such payments to each state that establishes a program to: (1) design, develop, install, maintain, and operate electronic information and eligibility systems and patient registries for the purpose of disease screening; and (2) train providers in the use of such systems and registries.

Directs the Secretary to report to Congress on Medicaid transformation payments.