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 123STA T . 13 0 2 PUBLIC LA W 111 – 11 —M A R .30, 200 9(d)ADMIN I STRA TI VEP R O VISIONS .— ( 1 ) C OO P ERATIVE A G REEMENTS.— (A) I N GENERA L .— TheS e cr e ta r ym aye n ter i nt o any contract ,g rant, coo p erati v e agreement, or other agreement that i s necessary to carry o u t this section. ( B ) COOPERATIVE AGREEMENT F OR PROVISION OF FINAN -C IAL ASSISTANCE.— (i) IN GENERAL.—The Secretary sha l l enter into a cooperative agreement w ith the Authority to provide f inancial assistance and any other assistance re q uested b y the Authority for planning, design, related preconstruction activities, and construction of the System. (ii) R E QU IREMENTS.—The cooperative agreement entered into under clause (i) shall, at a minimum, specify the responsibilities of the Secretary and the Authority with respect to— (I) ensuring that the cost-share requirements established by subsection (b)( 2 ) are met (II) completing the planning and final design of the System; (III) any environmental and cultural resource compliance activities required for the System; and (I V ) the construction of the System. (2) TEC H NICAL ASSISTANCE.—At the request of the Authority, the Secretary may provide to the Authority any technical assistance that is necessary to assist the Authority in planning, designing, constructing, and operating the System. ( 3 ) BIOLOGICAL ASSESSMENT.—The Secretary shall consult with the N ew M e x ico Interstate Stream Commission and the Authority in preparing any biological assessment under the E ndangered Species Act of 1 97 3(1 6U .S.C. 1 5 31 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- F ederal entity the ability to exercise any Federal rights to— (i) the water of a stream; or (ii) any groundwater resource. (e) AUTHORI Z ATION OF APPROPRIATIONS.— (1) IN GENERAL.—In accordance with the ad j ustment car- ried out under paragraph (2), there is authori z ed to be appro- priated to the Secretary to carry out this section an amount not greater than $ 327, 0 00,000. (2) AD J USTMENT.—The amount made available under para- graph (1) shall be adjusted to reflect changes in construction costs occurring after J anuary 1, 2007, as indicated by engineering cost indices applicable to the types of construction necessary to carry out this section. (3) NONREIM B URSABLE AMOUNTS.—Amounts made available to the Authority in accordance with the cost-sharing require- ment under subsection (b)(2) shall be nonreimbursable and nonreturnable to the United States. Consulta t i on .


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 123STA T . 13 0 3 PUBLIC LA W 111 – 11 —M A R .30, 200 9(4)AVAIL A B ILI TYOF F UNDS.— A t t he e ndof e ac hf is ca ly ea r, any u ne xp ended funds appropriated pursuant to this section shall b e retained for use in future fiscal years consistent w ith this section. SEC.9104 . RAN C HO CA LIF ORNIA W A T ER D ISTRICT P RO J ECT , CALI - FORNIA. (a) I N GE NE R AL.— T he R ecla m ation W astewater and Ground - water S tudy and F acilities Act ( P ublic L aw 102–57 5, title XV I 4 3U .S. C . 3 9 0hetse q .) is amended by addin g at the end the following

‘SEC. 1 6 49. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALI- FORNIA. ‘ ‘(a) AUT H ORI Z ATION.—The Secretary, in cooperation with the Rancho California Water D istrict, California, may participate in the design, planning, and construction of permanent facilities for water recycling, deminerali z ation, and desalination, and distribu- tion of non-potable water supplies in Southern Ri v erside County, California. ‘‘(b) COST SHARIN G .—The Federal share of the cost of the pro j ect described in subsection (a) shall not exceed 25 percent of the total cost of the project or $ 20,000,000, whichever is less. ‘‘(c) LI M ITATION.—Funds provided by the Secretary under this section shall not be used for operation or maintenance of the project described in subsection (a). ’ ’. (b) CLERI C AL AMENDMENT.—The table of items in section 2 of Public Law 102–575 is amended by inserting after the last item the following: ‘ ‘ Sec.1649 . Ran c hoC a lif o r nia W a t er D i s trict P ro j ect , California. ’ ’. SEC. 910 5 . JAC K SON GU LCH REHA B ILITATION PROJECT, COLORADO. (a) DEFINITIONS.—In this section: (1) ASSESSMENT.—The term ‘‘assessment’’ means the engineering document that is— (A) entitled ‘‘ J ac k son Gulch Inlet Canal Project, Jack- son Gulch O utlet Canal Project, Jackson Gulch Operations Facilities Project: Condition Assessment and Recommenda- tions for Rehabilitation’’; ( B ) dated February 2004; and (C) on file with the Bureau of Reclamation. (2) DISTRICT.—The term ‘‘District’’ means the M ancos Water Conservancy District established under the Water Conservancy Act (Colo. Rev. Stat. 37–45–101 et seq.). (3) PRO J ECT.—The term ‘‘Project’’ means the Jackson Gulch rehabilitation project, a program for the rehabilitation of the Jackson Gulch Canal system and other infrastructure in the State, as described in the assessment. (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commissioner of Reclama- tion. (5) STATE.—The term ‘‘State’’ means the State of Colorado. (b) AUTHORIZATION OF JAC K SON GULCH REHABILITATION PROJECT.— (1) IN GENERAL.—Subject to the reimbursement require- ment described in paragraph (3), the Secretary shall pay the Federal share of the total cost of carrying out the Project. Payments.43USC 3 90h– 3 2.

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 123STA T . 13 04PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)USEOF E XI S T I NG INFO RMA TION .—Inpre p a r i n g an ystud ies re l ating t o t h e P ro j e c t , the S ecretary shall, to the m a x- imum extent practica b le, use existing studies, including engineering and resource in f ormation pro v ided by, or at the direction of— ( A ) F ederal, State, or local agencies and ( B ) the D istrict. ( 3 ) R EIM BU RSEMENT RE Q UIREMENT.— (A) AMOUNT.— T he Secretary shall recover from the District as reimbursable expenses the lesser of— (i) the amount e q ualto3 5 percent of the cost of the Project; or (ii) $ 2, 90 0,000. (B) M ANNER.—The Secretary shall recover reimburs- able expenses under subparagraph (A)— (i) in a manner agreed to by the Secretary and the District; (ii) over a period of 1 5 years; and (iii) w ith no interest. ( C ) CRE D IT.—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 wor k and improvements directly associated with the Project. ( 4 ) PRO H IBITION ON O P ERATION AND MAINTENAN C E COSTS.— The District shall be responsible for the operation and mainte- nance of any facility constructed or rehabilitated under this section. (5) L IABI L IT Y .—The United States shall not be liable for damages of any kind arising out of any act, omission, or occur- rence relating to a facility rehabilitated or constructed under this section. ( 6 ) E FFECT.—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 ) AUTHORI Z ATION OF APPROPRIATIONS.—There is author- i z ed to be appropriated to the Secretary to pay the Federal share of the total cost of carrying out the Project $ 8 ,250,000. SEC.9106 . RIOG R AND E PU E BL OS , NE WM E X ICO. (a) FINDINGS AND PURPOSE.— (1) FINDINGS.—Congress finds that— (A) drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including the Rio G rande Basin in N ew Mexico; (B) a report developed by the Bureau of Reclamation and the Bureau of Indian Affairs in 2000 identified a serious need for the rehabilitation and repair of irrigation infrastructure of the Rio Grande Pueblos; (C) inspection of existing irrigation infrastructure of the Rio Grande Pueblos shows that many key facilities,


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 123STA T . 13 05PUBLIC LA W 111 – 11 —M A R .30, 200 9sucha s diver si on s t ructures and m ain conve y ance ditches , are unsa f e and b are l y,ifatall,o p erable the benefits of rehabilitatin g and repairing irriga - tion infrastructure of the R io G rande P ueblos include — (i) w ater conservation; (ii) e x tending available water supplies; (iii) increased agricultural productivity; (iv) economic benefits; (v) safer facilities; and (vi) the preservation of the culture of I ndian Pueblos in the S tate; ( E ) certain Indian Pueblos in the Rio Grande B asin receive water from facilities operated or owned by the Bureau of Reclamation; and ( F ) rehabilitation and repair of irrigation infrastructure of the Rio Grande Pueblos would improve— (i) overall water management by the Bureau of Reclamation; and (ii) the ability of the Bureau of Reclamation to help address potential water supply conflicts in the Rio Grande Basin . ( 2 )P URPOSE .— T he purpose of this section is to direct the Secretary— ( A ) to assess the condition of the irrigation infrastruc- ture of the Rio Grande Pueblos; (B) to establish priorities for the rehabilitation of irrigation infrastructure of the Rio Grande Pueblos in accordance with specified criteria; and ( C ) to implement pro j ects to rehabilitate and improve the irrigation infrastructure of the Rio Grande Pueblos. (b) DE FIN I T IONS.—In this section ( 1 )2 0 0 4AG REE M ENT.—The term ‘ ‘2004 Agreement ’ ’ means the agreement entitled ‘‘Agreement By and Between the U nited States of America and the M iddle Rio Grande Conservancy District, Providing for the Payment of O peration and Mainte- nance Charges on N ewly Reclaimed Pueblo Indian L ands in the Middle Rio Grande V alley, New Mexico’’ and executed in September 2004 (including any successor agreements and amendments to the agreement). (2) DESIGNATE D ENGINEER.—The term ‘‘designated engi- neer’’ means a Federal employee designated under the Act of February 14, 1 9 2 7 ( 6 9 Stat. 109 8, chapter 1 3 8) 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) DISTRI C T.—The term ‘‘District’’ means the Middle Rio Grande Conservancy District, a political subdivision of the State established in 192 5 . (4) PUE BL O IRRIGATION INFRASTRUCTURE.—The term ‘‘Pueblo irrigation infrastructure’’ means any diversion struc- ture, conveyance facility, or drainage facility that is— (A) in existence as of the date of enactment of this Act; and (B) located on land of a Rio Grande Pueblo that is associated with—
 * (D)


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 123STA T . 13 06PUBLIC LA W 111 – 11 —M A R .30, 200 9(i)thed e l i v e ryofwa ter for the irri g atio n of agri cu l - tural land or (ii) the carriage of irrigation return flow s and e x cess water fro m the land that is served . ( 5 ) RIOGRANDEB A S IN. —T he term ‘ ‘Rio G rande B asin ’ ’ means the headwaters of the Rio C hama and the Rio Grande Rivers (including any tri b utaries) from the S tate line between Colorado and N ew M exico downstream to the elevation cor- res p onding with the spillway crest of E lephant Butte D am at 4, 45 7 . 3 feet mean sea level. ( 6 ) RIO GRANDE PU EB L O.—The term ‘‘Rio Grande P ueblo’’ means any of the 18 Pueblos that— ( A ) occupy land in the Rio Grande Basin; and (B) are included on the list of federally recogni z ed I ndian tribes published by the Secretary in accordance with section 1 0 4ofthe F ederally Recognized Indian Tribe L istActof1 9 94( 2 5 U .S.C. 479a – 1). (7) SE C RE T AR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commissioner of Reclama- tion. (8) SI XM IDDLE 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 PRO J ECT.—The term ‘‘special pro j ect’’ has the meaning given the term in the 2004 Agreement. (10) STATE.—The term ‘‘State’’ means the State of New Mexico. (c) IRRIGATION IN F RASTRUCTURE STUDY.— (1) STUDY.— (A) IN GENERAL.— O n the date of enactment of this Act, the Secretary, in accordance with subparagraph (B), and in consultation with the Rio Grande Pueblos, shall— (i) conduct a study of Pueblo irrigation infrastruc- ture; and (ii) based on the results of the study, develop a list of projects (including a cost estimate for each project), that are recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure. (B) RE Q UIRED CONSENT.—In carrying out subparagraph (A), the Secretary shall only include each individual Rio Grande Pueblo that notifies the Secretary that the Pueblo consents to participate in— (i) the conduct of the study under subparagraph (A)(i); and (ii) the development of the list of projects under subparagraph (A)(ii) with respect to the Pueblo. (2) PRIORITY.— (A) CONSIDERATION OF FACTORS.— (i) IN GENERAL.—In developing the list of projects under paragraph (1)(A)(ii), the Secretary shall— (I) consider each of the factors described in subparagraph (B); and (II) prioritize the projects recommended for implementation based on— (aa) a review of each of the factors; and Notif i ca tio n.E ff e cti v e d ate.


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 123STA T . 13 07PUBLIC LA W 111 – 11 —M A R .30, 200 9(b b )aconsider a t ion o f t h e p ro j ected bene - fits of the project on co m p l etion of the project . (ii) ELIG I B ILI TYOFPR O JEC T S . —A project is eli g ible to be considered and prioriti z edb y the S ecretary if the project addresses at least 1 factor described in s u bparagraph ( B ). (B) FA CTORS.— T he factors referred to in subparagraph (A) are— (i)( I )thee x tent of disrepair of the P ueblo irrigation infrastructure and (II) the effect of the disrepair on the ability of the applicable R io G rande Pueblo to irrigate agricul- tural land using Pueblo irrigation infrastructure; (ii) w hether , and the extent that, the repair, rehabilitation, or reconstruction of the Pueblo irriga- tion infrastructure would pro v ide an opportunity to conserve water; (iii)(I) the economic and cultural impacts that the Pueblo irrigation infrastructure that is in disrepair has on the applicable Rio Grande Pueblo; and (II) the economic and cultural benefits that the repair, rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would have on the applicable Rio Grande Pueblo; (iv) the opportunity to address water supply or environmental conflicts in the applicable river basin if the Pueblo irrigation infrastructure is repaired, rehabilitated, or reconstructed; and (v) the overall benefits of the project to efficient water operations on the land of the applicable Rio Grande Pueblo. ( 3 ) C O N S U LTATION.—In developing the list of projects under paragraph (1)(A)(ii), the Secretary shall consult with the D irector of the Bureau of Indian Affairs (including the des- ignated engineer with respect to each proposed project that affects the Six M iddle Rio Grande Pueblos), the Chief of the N atural Resources Conservation Service, and the Chief of Engi- neers to evaluate the extent to which programs under the jurisdiction of the respective agencies may be used— (A) to assist in evaluating projects to repair, rehabili- tate, or reconstruct Pueblo irrigation infrastructure; and (B) to implement— (i) a project recommended for implementation under paragraph (1)(A)(ii); or (ii) any other related project (including on-farm improvements) that may be appropriately coordinated with the repair, rehabilitation, or reconstruction of Pueblo irrigation infrastructure to improve the efficient use of water in the Rio Grande Basin. ( 4 ) REPORT.—Not later than 2 years after the date of enact- ment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Com- mittee on Resources of the H ouse of Representatives a report that includes— (A) the list of projects recommended for implementation under paragraph (1)(A)(ii); and (B) any findings of the Secretary with respect to—


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 123STA T . 13 08PUBLIC LA W 111 – 11 —M A R .30, 200 9(i)thes t udycon ducted unde rpa ra g raph ( 1 )( A )(i) (ii) the consideration o f the factors under para - graph ( 2 )( B ); and (iii) the consu l tations under paragraph ( 3 ) . ( 5 ) PERIOD I C RE V IE W . —N ot later than 4 years after the date on w hich the S ecretary su bm its the report under para- graph (4) and e v ery 4 years thereafter , the Secretary, in con- sultation with each R io G rande Pueblo, shall— (A) review the report submitted under paragraph (4); and (B) update the list of pro j ects described in paragraph (4)(A) in accordance with each factor described in para- graph (2)(B), as the Secretary determines to be appropriate. (d) I RRI GAT IO N IN F RA S TR U CTURE GRANTS.— (1) IN GENERA L .— T he Secretary may provide grants to, and enter into contracts or other agreements with, the Rio Grande Pueblos to plan, design, construct, or otherwise imple- ment projects to repair, rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure that are recommended for implementation under subsection (c)(1)(A)(ii)— (A) to increase water use efficiency and agricultural productivity for the benefit of a Rio Grande Pueblo; (B) to conserve water; or ( C ) to otherwise enhance water management or help avert water supply conflicts in the Rio Grande Basin. (2) L I M ITATION.—Assistance provided under paragraph (1) shall not be used for— (A) the repair, rehabilitation, or reconstruction of any major impoundment structure; or (B) any on-farm improvements. (3) CONSULTATION.—In carrying out a project under para- graph (1), the Secretary shall— (A) consult with, and obtain the approval of, the applicable Rio Grande Pueblo; (B) consult with the D irector of the Bureau of Indian Affairs; and (C) as appropriate, coordinate the project with any wor k being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs. (4) COST-S H ARING RE Q UIREMENT.— (A) F EDERAL SHARE.— (i) IN GENERAL.— Ex cept as provided in clause (ii), the Federal share of the total cost of carrying out a project under paragraph (1) shall be not more than 7 5 percent. (ii) E X CE P TION.—The Secretary may waive or limit the non-Federal share re q uired under clause (i) if the Secretary determines, based on a demonstration of financial hardship by the Rio Grande Pueblo, that the Rio Grande Pueblo is unable to contribute the required non-Federal share. (B) DISTRICT CONTRI B UTIONS.— (i) IN GENERAL.—The Secretary may accept from the District a partial or total contribution toward the non-Federal share required for a project carried out under paragraph (1) on land located in any of the Waiver a utho rit y.D ea dl i n e.


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 123STA T . 13 09PUBLIC LA W 111 – 11 —M A R .30, 2009 SixM i d d leR i oGran de Pu e b lo s i fth eSe c retar y deter -m ines that the p ro j ect is a special project .( ii )LIM I TA TI ON . —N othin g in clause (i) re q uires the D istrict to contribute to the non- F ederal share of the cost of a project carried out under paragraph ( 1 ). ( C ) STAT EC ONT R I BU TION S .— (i) I N G ENERA L .— T he Secretary may accept from the State a partial or total contribution to w ard the non-Federal share for a project carried out under para- graph (1). (ii) LIMITATION.—Nothing in clause (i) requires the State to contribute to the non-Federal share of the cost of a project carried out under paragraph (1). (D) FORM O F NON-FE D ERAL S H ARE.—The non-Federal share under subparagraph ( A )(i) may be in the form of in- k ind contributions , including the contribution of any v aluable asset or service that the Secretary determines would substantially contribute to a project carried out under paragraph (1). ( 5 ) OP ERATION AND MAINTENANCE.—The Secretary may not use any amount made available under subsection (g)( 2 ) to carry out the operation or maintenance of any project carried out under paragraph (1). (e) E FFECT ON E X ISTING AUTHORIT Y AND RESPONSIBILITIES.— Nothing in this section— (1) affects any existing project-specific funding authority or (2) limits or absolves the U nited States from any responsi- bility to any Rio Grande Pueblo (including any responsibility arising from a trust relationship or from any Federal law (including regulations), Executive order, or agreement between the Federal Government and any Rio Grande Pueblo). (f) EFFECT ON PUEBLO W ATER RIGHTS OR STATE WATER LA W .— (1) PUEBLO WATER RIGHTS.—Nothing in this section (including the implementation of any project carried out in accordance with this section) affects the right of any Pueblo to receive, divert, store, or claim a right to water, including the priority of right and the quantity of water associated with the water right under Federal or State law. (2) STATE WATER LAW.—Nothing in this section preempts or affects— (A) State water law; or ( B ) an interstate compact governing water. (g) AUTHORI Z ATION OF APPROPRIATIONS.— (1) STUDY.—There is authori z ed to be appropriated to carry out subsection (c) $4, 0 00,000. (2) PRO J ECTS.—There is authorized to be appropriated to carry out subsection (d) $ 6 ,000,000 for each of fiscal years 2010 through 201 9 . SEC.9107 . UP PE R C OL OR AD OR IV ERE N DAN G ERED F IS H PROGRA M S. (a) DEFINITIONS.—Section 2 of Public Law 106 –3 92 (114 Stat. 1602) is amended— (1) in paragraph (5), by inserting ‘ ‘, rehabilitation, and repair ’ ’ after ‘‘and replacement’’; and


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 123STA T . 131 0PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)inpar a g rap h ( 6 ) ,by in se r t ing ‘ ‘th o se f or prote c tion of critica l habitat, those for pre v enting entrain m ent of fish in w ater d iversions, ’ ’ after ‘‘instream flows,’’ . (b) AUTHORIZA TIO NT O F UN DREC O V ER YP RO G RA MS . —S ection 3 ofP u blic L aw 10 6 – 3 9 2 (11 4 Stat. 1603 120 Stat. 290) is amended— (1) in subsection (a)— (A) in paragraph (1), by stri k ing ‘‘ $ 61,000,000’’ and inserting ‘‘$ 8 8,000,000’’; ( B ) in paragraph (2), by striking ‘‘2010’’ and inserting ‘‘2023’’; and ( C ) in paragraph (3), by striking ‘‘2010’’ and inserting ‘‘2023’’; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘$126,000,000’’ and inserting ‘‘$209,000,000’’; (B) in paragraph (1)— (i) by striking ‘‘$108,000,000’’ and inserting ‘‘$1 7 9,000,000’’; and (ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and (C) in paragraph (2)— (i) by striking ‘‘$18,000,000’’ and inserting ‘‘$30,000,000’’; and (ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and (3) in subsection (c)(4), by striking ‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’. SEC.9108 .S ANT A M A RG AR I TA RI V ER , CA L I FO RNIA. (a) D E F INITIONS.— I n this section (1) DISTRICT.—The term ‘‘District’’ means the Fallbrook Public U tility District, San Diego County, California. (2) PRO J ECT.—The term ‘‘Pro j ect’’ means the impoundment, recharge, treatment, and other facilities the construction, oper - ation, watershed management, and maintenance of which is authori z ed under subsection (b). (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (b) AUTHORIZATION FOR CONSTRUCTION OF SANTA M ARGARITA RIVER PROJECT.— (1) AUTHORIZATION.—The Secretary, acting pursuant to Federal reclamation law (the Act of J une 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et se q .),tothee x tent that law is not inconsistent with this section, may construct, operate, and maintain the Project substantially in accordance with the final feasibility report and environmental reviews for the Project and this section. (2) CONDITIONS.—The Secretary may construct the Project only after the Secretary determines that the following condi- tions have occurred: (A)(i) The District and the Secretary of the N avy have entered into contracts under subsections (c)(2) and (e) of section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 48 5 h) to repay to the United States equitable and appro- priate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project. Contrac t s.


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 123STA T . 1311 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(i i )Asan a lter nati v et o are p a ym ent c ontract w it h the S ecretary o f the N avy d escri b ed in cla u se (i) , the Sec - retary may allow the Secretary of the Navy to satisfy all or a portion of the repayment obli g ation for construction of the P ro j ect on the payment of the share of the Secretary of the Navy prior to the initiation of construction, subject to a final cost allocation as described in subsection (c) . ( B ) T he officer or agency of the State of C alifornia authori z ed by law to grant permits for the appropriation of water has granted the permits to the Bureau of R eclama- tion for the benefit of the Secretary of the Navy and the D istrict as permittees for rights to the use of water for storage and diversion as provided in this section, including approval of all re q uisite changes in points of diversion and storage, and purposes and places of use. (C)(i) The District has agreed — ( I ) to not assert against the U nited States any prior appropriative right the District may have to water in e x cess of the quantity deliverable to the Dis- trict under this section and (II) to share in the use of the waters impounded by the Project on the basis of equal priority and in accordance with the ratio prescribed in subsection (d)( 2 ). (ii) The agreement and waiver under clause (i) and the changes in points of diversion and storage under subparagraph (B)— (I) shall become effective and binding only when the Project has been completed and put into operation; and (II) may be varied by agreement between the Dis- trict and the Secretary of the Navy. (D) The Secretary has determined that the Project has completed applicable economic, environmental, and engineering feasibility studies. (c) C OST S.— ( 1 )I NGE NE RAL .—As determined by a final cost allocation after completion of the construction of the Project, the Secretary of the Navy shall be responsible to pay upfront or repay to the Secretary only that portion of the construction, operation, and maintenance costs of the Project that the Secretary and the Secretary of the Navy determine reflects the extent to which the Department of the Navy benefits from the Project. (2) O T H ER C ONTRACTS.—Notwithstanding paragraph (1), the Secretary may enter into a contract with the Secretary of the Navy for the impoundment, storage, treatment, and carriage of prior rights water for domestic, municipal, fish and wildlife, industrial, and other beneficial purposes using Project facilities. (d) O P ERAT I ON; Y IEL D ALLOT M ENT; DELI V ER Y .— (1) OPERATION.—The Secretary, the District, or a third party (consistent with subsection (f)) may operate the Project, subject to a memorandum of agreement between the Secretary, the Secretary of the Navy, and the District and under regula- tions satisfactory to the Secretary of the Navy with respect to the share of the Project of the Department of the Navy. Permits.


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 123STA T . 1312 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)YIELDA LL OTM E N T .—Exceptaso t h e rwi sea g ree db etwee n the parties , the S ecretar y o f the N a v y and the D istrict sha l l participate in the P ro j ect yield on the basis of e qu al priority and in accordance with the following ratio ( A ) 60 percent of the yield of the Project is allotted to the Secretary of the Navy. ( B ) 4 0 percent of the yield of the Project is allotted to the District. ( 3 ) C ONT R A C T SF OR DELI V ER Y OFE X CESS W ATER.— (A) EXCESS WATER AVAILA B LETOOT H ER P ERSONS.— I f the Secretary of the Navy certifies to the official agreed ontoad m inister the Project that the Department of the Navy does not have immediate need for any portion of the 60 percent of the yield of the Project allotted to the Secretary of the Navy under paragraph (2), the official may enter into temporary contracts for the sale and delivery of the excess water. (B) F IRST RI G HT FOR EXCESS WATER.— T he first right to excess water made available under subparagraph (A) shall be given the District, if otherwise consistent with the laws of the State of California. (C) CONDITION OF CONTRACTS.—Each contract entered into under subparagraph (A) for the sale and delivery of excess water shall include a condition that the Secretary of the Navy has the right to demand the water, without charge and without obligation on the part of the U nited States, after 30 days notice. (D) M ODIFICATION OF RIGHTS AND OBLIGATIONS.—The rights and obligations of the United States and the District regarding the ratio, amounts, definition of Project yield, and payment for excess water may be modified by an agreement between the parties. (4) CONSIDERATION.— (A) DEPOSIT OF F U NDS.— (i) IN GENERAL.—Amounts paid to the United States under a contract entered into under paragraph (3) shall be— (I) deposited in the special account established for the Department of the Navy under section 266 7 (e)( 1 ) of title 10, United States Code and (II) shall be available for the purposes speci - fied in section 2667(e)(1)(C) of that title. (ii) EXCEPTION.—Section 2667(e)(1)(D) of title 10, United States Code, shall not apply to amounts depos- ited in the special account pursuant to this paragraph. (B) IN- K IND CONSIDERATION.—In lieu of monetary consideration under subparagraph (A), or in addition to monetary consideration, the Secretary of the Navy may accept in- k ind consideration in a form and quantity that is acceptable to the Secretary of the Navy, including— (i) maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities of the Department of the Navy; (ii) construction of new facilities for the Depart- ment of the Navy; Notice.


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 123STA T . 1313 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(i ii )prov i s io n o f f ac i l i t i e s for u se by t h e D epart -m ent of the N avy (iv) facilities operation support for the Department of the Navy; an d (v) provision of such other services as the S ecretary of the Navy considers appropriate . ( C ) RELATION TO OT H E R LA WS. — Sections 26 62and2 80 2 of title 1 0 ,U nited States Code, shall not apply to any ne w facilities the construction of which is accepted as in- k ind consideration under this para g raph. (D) CON G RESSIONAL NOTI F I C ATION.— I f the in-kind consideration proposed to be provided under a contract to be entered into under paragraph ( 3 )hasavaluein e x cess of $5 00,000, the contract may not be entered into until the earlier of— (i) the end of the 30-day period beginning on the date on which the Secretary of the Navy submits to the Committee on A rmed Services of the Senate and the Committee on Armed Services of the H ouse of Representatives a report describing the contract and the form and q uantity of the in-kind consideration; or (ii) the end of the 1 4 -day period beginning on the date on which a copy of the report referred to in clause (i) is provided in an electronic medium pursu- ant to section 480 of title 10, United States Code. (e) RE P A YM ENT OB LIGATION OF THE DISTRICT.— (1) DETERMINATION.— (A) IN GENERAL.— E xcept as otherwise provided in this paragraph, the general repayment obligation of the District shall be determined by the Secretary consistent with sub- sections (c)(2) and (e) of section 9 of the Reclamation P ro j ect Act of 1939 (43 U.S.C. 485h) to repay to the United States equitable and appropriate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project. ( B ) G RO U N D WATER.— F or purposes of calculating interest and determining the time when the repayment obligation of the District to the United States commences, the pumping and treatment of groundwater from the Project shall be deemed equivalent to the first use of water from a water storage project. (C) CONTRACTS FOR DELI V ERYOFE X CESS WATER.— T here shall be no repayment obligation under this sub- section for water delivered to the District under a contract described in subsection (d)(3). (2) M ODIFICATION OF RIGHTS AND OBLIGATION BY AGREE- MENT.—The rights and obligations of the United States and the District regarding the repayment obligation of the District may be modified by an agreement between the parties. (f) TRANSFER OF CARE, OPERATION, AND MAINTENANCE.— (1) IN GENERAL.—The Secretary may transfer to the Dis- trict, or a mutually agreed upon third party, the care, operation, and maintenance of the Project under conditions that are— (A) satisfactory to the Secretary and the District; and Reports.


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 123STA T . 131 4PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)withresp e c tt o the portio n o f the P ro j ect th a t is l ocate d within the b o u ndaries of C a m p Pendleton , satis - factor y to the S ecretary, the D istrict, and the Secretary of the N a v y . ( 2 ) EQUITABLECR E D IT. — ( A ) ING ENERAL.—In the event of a transfer under para g raph ( 1 ), the District shall be entitled to an e q uitable credit for the costs associated with the proportionate share of the Secretary of the operation and maintenance of the Project. (B) A P PLICATI O N.— T he amount of costs described in subparagraph (A) shall be applied against the indebtedness of the District to the U nited States. (g) SCOPE O F SECTION.— (1) IN GENERAL.—E x cept as otherwise provided in this sec- tion, for the purpose of this section, the laws of the State of California shall apply to the rights of the United States pertaining to the use of water under this section. (2) L I M ITATION S .—Nothing in this section— (A) provides a grant or a relinquishment by the United States of any rights to the use of water that the United States acquired according to the laws of the State of Cali- fornia, either as a result of the acquisition of the land comprising Camp J oseph H . Pendleton and adjoining naval installations, and the rights to the use of water as a part of that acquisition, or through actual use or prescription or both since the date of that acquisition, if any (B) creates any legal obligation to store any water in the Project, to the use of which the United States has those rights; (C) requires the division under this section of water to which the United States has those rights; or (D) constitutes a recognition of, or an admission by the United States that, the District has any rights to the use of water in the Santa M argarita R iver, which rights, if any, exist only by virtue of the laws of the State of California. (h) LIMITATIONS ON O PERATION AND ADMINISTRATION.—Unless otherwise agreed by the Secretary of the Navy, the Project— (1) shall be operated in a manner which allows the free passage of all of the water to the use of which the United States is entitled according to the laws of the State of California either as a result of the acquisition of the land comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of those acquisitions, or through actual use or prescription, or both, since the date of that acquisition, if any; and (2) shall not be administered or operated in any way that will impair or deplete the quantities of water the use of which the United States would be entitled under the laws of the State of California had the Project not been built. (i) REPORTS TO CONGRESS.—Not later than 2 years after the date of the enactment of this Act and periodically thereafter, the Secretary and the Secretary of the Navy shall each submit to the appropriate committees of Congress reports that describe whether the conditions specified in subsection (b)(2) have been met and if so, the manner in which the conditions were met. Ap p licab ili ty.


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 123STA T . 131 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(j)AUTHORIZA TIO N O F A P PROPRIATION S.—Ther e isaut h o ri z e d to b ea p propriated to c arr y out this sectio n — ( 1 ) $60, 000,000, as adjusted to re fl ect the en g ineering costs indices for the construction cost of the P roject and ( 2 ) such su m s as are necessary to operate and maintain the Project. ( k ) S UNS E T.—The authority of the Secretary to complete construction of the Project shall terminate on the date that is 10 years after the date of enactment of this Act. SEC.910 9.E L S INOR E VA LLE YMU NICI P AL W A T ER D ISTRICT. (a) I N G ENERA L .—The R eclamation W aste w ater and Ground - water Study and F acilities Act (Public L aw 102 –57 5, title XV I; 43U .S. C .3 9 0hetse q .) (as amended by section 9104(a)) is amended by adding at the end the following

‘SEC. 1 65 0. ELSINORE VALLEY MUNICIPAL WATER DISTRICT PRO J ECTS , CALI F ORNIA. ‘ ‘(a) AUTHORIZATION.—The Secretary, in cooperation with the E lsinore Valley M unicipal Water D istrict, California, may partici- pate in the design, planning, and construction of permanent facili- ties needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and pro v ide recycled water in the Elsinore Valley Municipal Water District, California. ‘‘(b) COST SHARIN G .—The Federal share of the cost of each project described in subsection (a) shall not e x ceed 25 percent of the total cost of the project. ‘‘(c) LI M ITATION.—Funds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a). ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $12,500,000. ’ ’. (b) CLERI C AL AMEN D MENT.—The table of sections in section 2 of Public Law 102–575 (as amended by section 9104(b)) is amended by inserting after the item relating to section 1649 the following: ‘ ‘ Sec.1650 . Elsinor e Va lle yMu nici p al W a t er D istrict P ro j ects ,C ali f ornia. ’ ’. SEC. 9110. NORT HB AY WATER REUSE AUTHORITY. (a) PRO J ECT AUTHORIZATION.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) (as amended by section 9109(a)) is amended by adding at the end the following: ‘‘SEC. 1651. NORTH BAY WATER REUSE PRO G RAM. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ELIGI B LE ENTIT Y .—The term ‘eligible entity’ means a member agency of the N orth B ay Water Reuse Authority of the State located in the North San Pablo Bay watershed in— ‘‘(A) Marin County; ‘‘(B) Napa County; ‘‘(C) Solano County; or ‘‘(D) Sonoma County. ‘‘(2) WATER RECLAMATION AND REUSE PROJECT.—The term ‘water reclamation and reuse project’ means a project carried out by the Secretary and an eligible entity in the North San Pablo Bay watershed relating to— 43USC 3 90h– 34 . 43 USC 390h–33.


text: Dictionary of National Biography, 1885-1900/Montgomery, Henry


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 123STA T . 131 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (A)waterqu a li t y i mp r ov eme n t ‘‘( B )wa s tewater treatment; ‘‘( C ) water re c lamation an d reuse; ‘‘( D ) g roundwater rec h arge and protection; ‘‘( E ) sur f ace water augmentation; or ‘‘( F ) other related improvements . ‘‘( 3 ) STA T E . —T he term ‘State ’ means the State of California. ‘‘( b ) NOR T H BA YW ATER R E US E P RO G RA M .— ‘‘( 1 ) IN GENERA L .—Contingent upon a finding of feasibility , the Secretary, acting through a cooperative agreement with the State or a subdivision of the State, is authori z ed to enter into cooperative agreements with eligible entities for the plan - ning, design, and construction of water reclamation and reuse facilities and recycled water conveyance and distribution sys- tems. ‘‘( 2 ) COOR DI NATION W ITH OTHER F EDERAL AGEN C IES.—In carrying out this section, the Secretary and the eligible entity shall, to the ma x imum extent practicable, use the design wor k and environmental evaluations initiated by— ‘‘(A) non-Federal entities; and ‘‘(B) the Corps of Engineers in the San Pablo Bay Watershed of the State. ‘‘(3) PHASED P RO J ECT.—A cooperative agreement described in paragraph (1) shall require that the North Bay Water Reuse Program carried out under this section shall consist of 2 phases as follows ‘‘(A) FIRST PHASE.—During the first phase, the Sec- retary and an eligible entity shall complete the planning, design, and construction of the main treatment and main conveyance systems. ‘‘(B) SECOND PHASE.—During the second phase, the Secretary and an eligible entity shall complete the plan- ning, design, and construction of the sub-regional distribu- tion systems. ‘‘( 4 ) COST SHARING.— ‘‘(A) FEDERAL SHARE.—The Federal share of the cost of the first phase of the pro j ect authorized by this section shall not exceed 2 5 percent of the total cost of the first phase of the project. ‘‘(B) FORM OF NON-FEDERAL SHARE.—The non-Federal share may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the completion of the water reclamation and reuse project, including— ‘‘(i) reasonable costs incurred by the eligible entity relating to the planning, design, and construction of the water reclamation and reuse project; and ‘‘(ii) the acquisition costs of land acquired for the project that is— ‘‘(I) used for planning, design, and construction of the water reclamation and reuse project facili- ties; and ‘‘(II) owned by an eligible entity and directly related to the project. ‘‘(C) L IMITATION.—The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.


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 123STA T . 131 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (5)EF F ECT.—Nothing in thi s s ec tion— ‘‘( A ) af fects o rp ree m pts— ‘‘(i) S tate w ater l aw or ‘‘(ii) an interstate compact relating to the allocation of water; or ‘‘( B ) confers on an y non -F e d eral entity the a b ility to e x ercise any Federal right to— ‘‘(i) the water of a stream; or ‘‘(ii) any gro u ndwater resource. ‘‘( 6 )A U T HORIZA TIO N OFA P PROPRIATION S .— T here is author- i z ed to be appropriated for the Federal share of the total cost of the first phase of the pro j ect authorized by this section $2 5 ,0 00,000, to remain a v ailable until expended. ’ ’. (b) C ONFOR M IN G AMEN D MENT.—The table of sections in section 2of P ublic L aw 1 02 – 5 7 5 (as amended by section 9 109(b)) is amended by inserting after the item relating to section 1650 the following

‘ Sec.165 1. NorthBayw ater re us e p ro g ra m. ’ ’. SEC.91 11. PRADOB AS IN NA TU RA L TREAT M ENT S Y STEM PRO J ECT , CALI F ORNIA. (a) PRADO BASIN NATURA L TREATMENT S Y STEM PRO J ECT.— (1) I N GENERAL.—The R eclamation W astewater and G roundwater Study and Facilities Act (Public Law 102–575, title XV I; 43U .S.C. 390h et se q .) (as amended by section 9110(a)) is amended by adding at the end the following: ‘ ‘SEC. 1 652 . PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. ‘‘(a) IN GENERAL.—The Secretary, in cooperation with the O range County Water D istrict, shall participate in the planning, design, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin. ‘‘(b) COST SHARING.—The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ‘‘(c) LIMITATION.—Funds provided by the Secretary shall not be used for the operation and maintenance of the project described in subsection (a). ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $10,000,000. ‘‘(e) SUNSET OF AUTHORITY.—This section shall have no effect after the date that is 10 years after the date of the enactment of this section.’’. (2) CONFORMING AMENDMENT.—The table of sections in sec- tion 2 of Public Law 102–575 (43 U.S.C. prec. 371) (as amended by section 9110(b)) is amended by inserting after the last item the following: ‘‘165 2 . P ra d o Bas in Natura lT reatment System Pro j ect.’’. (b) LO W ER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT.— (1) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) (as amended by subsection (a)(1)) is amended by adding at the end the following: 43USC 3 90h– 3 5.


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 123STA T . 131 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ SEC.1653 . LOW E R C HIN O DA IR Y AREA DESALINA T ION DE M ONSTRA - TION AND RECLAMATION P RO J ECT. ‘ ‘ (a)INGE NE RAL.—TheS e cr e t ar y,in c o o p eration w ith the C hino B a s in W ater m aster, the In l an dE mpire U tilities Ag ency, and the Santa Ana Watershed P ro j ect A u thority and acting under the F ed - eral reclamation laws, shall participate in the design, planning, and construction o f the L ower Chino D airy Area desalination dem- onstration and reclamation project. ‘‘( b )C OST S H AR I N G .—The Federal share of the cost of the project described in subsection (a) shall not e x ceed— ‘‘( 1 ) 25 percent of the total cost of the project or ‘‘(2) $ 2 6, 0 00,000. ‘‘(c) LI M ITATION.—Funds pro v ided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ‘‘(d) A U THORI Z ATION O F A P PROPRIATIONS.—There are authori z ed to be appropriated such sums as are necessary to carry out this section. ‘‘(e) SUNSET OF AUTHORIT Y .—This section shall have no effect after the date that is 10 years after the date of the enactment of this section. ’ ’. (2) CONFORMING AMEN D MENT.—The table of sections in sec- tion 2 of Public Law 102 – 5 7 5( 43 U.S.C. prec. 371) (as amended by subsection (a)(2)) is amended by inserting after the last item the following

‘ 1653.LowerChin o da ir y area de s a l ina t ion de m onstration and re c lamation p ro j ect. ’ ’. (c) O RANGE COUNTY R EGIONAL WATER RE C LAMATION PRO J ECT.—Section 1624 of the Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XV I; 43 U.S.C. 3 9 0h–12j) is amended— (1) in the section heading, by stri k ing the words ‘‘ PHASE1OFT HE’’; and (2) in subsection (a), by striking ‘‘phase 1 of’’. SEC. 9 11 2 . BU N K ER HILL G ROUNDWATER BASIN , CALI F ORNIA. (a) DEFINITIONS.—In this section: (1) DISTRICT.—The term ‘‘District’’ means the Western M unicipal Water District, Riverside County, California. (2) PROJECT.— (A) IN GENERAL.—The term ‘‘Project’’ means the River- side-Corona Feeder Project. (B) INCLUSIONS.—The term ‘‘Project’’ includes— (i) 20 groundwater wells; (ii) groundwater treatment facilities; (iii) water storage and pumping facilities; and (iv) 2 8 miles of pipeline in San Bernardino and Riverside Counties in the State of California. (C) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary of the Interior. (b) PLANNING, DESIGN, AND CONSTRUCTION OF RI V ERSIDE- CORONA FEEDER.— (1) IN GENERAL.—The Secretary, in cooperation with the District, may participate in the planning, design, and construc- tion of the Project. 43USC 3 90h– 3 6.


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 123STA T . 131 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (2)AGRE E M E NTSA N D REG UL AT IO NS .—TheS e cr e ta r ym ay e n ter i nt osu cha g reements an dp romu l gate such regulations as are necessary to carry out this su b section. ( 3 ) F EDERAL S H ARE.— (A) P LANNING , DESIGN, C ONSTRUCTION.—The Federal share o f the cost to plan, design, and construct the Pro j ect shall not e x ceed the lesser of— (i) an amount e q ualto2 5 percent of the total cost of the Project and (ii) $ 2 6, 0 00,000. ( B ) STUDIES.—The Federal share of the cost to complete the necessary planning studies associated w ith the Project— (i) shall not exceed an amount equal to 50 percent of the total cost of the studies; and (ii) shall be included as part of the limitation described in subparagraph (A). ( 4 ) I N -K IND SER V ICES.—The non-Federal share of the cost of the Project may be pro v ided in cash or in k ind. (5) L IMITATION.—Funds provided by the Secretary under this subsection shall not be used for operation or maintenance of the Project. (6) AUTHORI Z ATION O F A P PROPRIATIONS.—There is author- i z ed to be appropriated to the Secretary to carry out this subsection the lesser of— (A) an amount equal to 25 percent of the total cost of the Project; and (B) $26,000,000. SEC.91 1 3 . GR E ATP R OJ ECT , CA LIF OR N IA. (a) IN G ENERAL.—The R eclamation W astewater and Ground- water Study and Facilities Act (title XV I of Public Law 1 02 – 5 7 5; 43 U .S. C . 3 9 0h et seq.) (as amended by section 9111(b)(1)) is amended by adding at the end the following

‘SEC. 1 654 .O X NAR D , CALIFORNIA, W ATER RECLA M ATION, RE U SE, AND TREATMENT PROJECT. ‘ ‘(a) AUTHORIZATION.—The Secretary, in cooperation with the City of O xnard, California, may participate in the design, planning, and construction of Phase I permanent facilities for the GR E AT project to reclaim, reuse, and treat impaired water in the area of Oxnard, California. ‘‘(b) COST SHARE.—The Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. ‘‘(c) LIMITATION.—The Secretary shall not provide funds for the following: ‘‘(1) The operations and maintenance of the project described in subsection (a). ‘‘(2) The construction, operations, and maintenance of the visitor ’ s center related to the project described in subsection (a). ‘‘(d) SUNSET OF AUTHORIT Y .—The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section.’’. (b) CLERICAL AMENDMENT.—The table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act 43USC 3 90h– 3 7.


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 123STA T . 132 0PUBLIC LA W 111 – 11 —M A R .30, 200 9of19 9 2(as a mend ed by se cti on 9111(b ) (2)) is amended by inse r tin g after t h e l ast item the follo w ing

‘ Sec.1654 . Oxnard,C a lifo rnia, w a t er recla m ation, re us e, and treatment p ro j ect. ’ ’. SEC.91 1 4 . YU C AIP A V A L LEY W A T E RD ISTRICT , CALI FO R N IA. (a) INGE NE RAL.—T he R eclamation W astewater and Gro u nd - water S tudy and F acilities A ct( P ublic L aw1 0 2 –57 5, title XV I .S. C . 390hetse q .) (as amended by section 9113(a)) is amended by adding at the end the following: ‘ ‘SEC. 1 65 5. YUCAIPA VALLEY RE G IONAL WATER SUPPLY RENEWAL PRO J ECT. ‘ ‘(a) A UTHO R IZ ATION.—The Secretary, in coo p eration with the Y ucaipa Valley Water D istrict, may participate in the design, plan- ning, and construction of pro j ects to treat impaired surface water, reclaim and reuse impaired groundwater, and pro v ide brine disposal within the Santa Ana Watershed as described in the report sub- mitted under section 1 6 06. ‘‘(b) CO S T SHARIN G .—The Federal share of the cost of the project described in subsection (a) shall not e x ceed 25 percent of the total cost of the project. ‘‘(c) LI M ITATION.—Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ‘‘(d) AUTHORIZATION O F A P PROPRIATIONS.—There is authori z ed to be appropriated to carry out this section $ 20,000,000. ‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER RECYCLING AND REUSE PROJECT. ‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the City of Corona Water Utility, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Corona Water Utility, California. ‘‘(b) COST SHARE.—The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ‘‘(c) LIMITATION.—The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ’ ’. (b) CONFORMING AMEN D MENTS.—The table of sections in section 2 of Public Law 102–575 (as amended by section 9114(b)) is amended by inserting after the last item the following: ‘‘Sec. 1655. Y ucaipa V alle yR e g ional W ater Supply Renewal P roject. ‘‘Sec. 1656. City of Corona Water U tility, California, water recycling and reuse project.’’. SEC. 9115. AR K ANSAS VALLEY CONDUIT, COLORADO. (a) COST SHARE.—The first section of Public Law 8 7–590 (76 Stat. 389) is amended in the second sentence of subsection (c) by inserting after ‘‘cost thereof,’’ the following: ‘‘or in the case of the Ar k ansas Valley Conduit, payment in an amount equal to 35 percent of the cost of the conduit that is comprised of revenue generated by payments pursuant to a repayment contract and rev- enue that may be derived from contracts for the use of Fryingpan- Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project facilities,’’. 43USC61 6 . 43USC3 90h– 39. 43 USC 390h–3 8.
 * 43U


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 123STA T . 1321 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(b)RATES.—Section2 (b) o fPu b l ic Law87–590 (7 6 Stat. 3 90) i s a m en d ed— ( 1 )b y st r i k in g‘ ‘(b) Rates ’ ’ and inserting t h e following ‘‘(b) RATES.— ‘‘(1) ING ENE R A L .—Rates’’ and (2) by adding at the end the following: ‘‘(2) R U E DI DA M AND RESER VO IR ,F OUNTAIN VALLE YP IPELINE, AND SOUT H OUTLET W OR K SATPUE B LO DAM AND RESERVOIR.— ‘‘( A ) IN GENERAL.— N otwithstanding the reclamation laws, until the date on which the p ayments for the Arkansas V alley C onduit under paragraph (3) begin, any re v enue that may be derived from contracts for the use of F ryingpan - Arkansas pro j ect e x cess capacity or exchange contracts using Fryingpan-Arkansas project facilities shall be credited towards payment of the actual cost of Ruedi D am and Reservoir, the Fountain Valley Pipeline, and the South O utlet W orks at Pueblo Dam and Reservoir plus interest in an amount determined in accordance with this section. ‘‘( B ) E FFE C T.—Nothing in the Federal reclamation law (the Act of J une 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 4 3 U .S.C. 371 et se q .)) prohibits the concurrent crediting of revenue (with interest as provided under this section) towards payment of the Arkansas Valley Conduit as pro- vided under this paragraph. ‘‘(3) ARKANSAS VALLEY CONDUIT.— ‘‘(A) USE OF REVENUE.—Notwithstanding the reclama- tion laws, any revenue derived from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project facilities shall be credited towards payment of the actual cost of the Arkansas Valley Conduit plus interest in an amount deter- mined in accordance with this section. ‘‘(B) AD J USTMENT OF RATES.—Any rates charged under this section for water for municipal, domestic, or industrial use or for the use of facilities for the storage or delivery of water shall be adjusted to reflect the estimated revenue derived from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project facilities.’’. (c) AUTHORI Z ATION OF APPROPRIATIONS.—Section 7 of Public Law 87–590 (76 Stat. 393) is amended— (1) by striking ‘‘SEC. 7. T here is hereby’’ and inserting the following: ‘ ‘ SEC.7 . AUTHORIZ ATIO N O F A P PROPRIATIONS. ‘‘(a) IN G ENERAL.—There is’’; and (2) by adding at the end the following: ‘‘(b) ARKANSAS VALLEY CONDUIT.— ‘‘(1) IN GENERAL.—Subject to annual appropriations and paragraph (2), there are authori z ed to be appropriated such sums as are necessary for the construction of the Arkansas Valley Conduit. ‘‘(2) LIMITATION.—Amounts made available under para- graph (1) shall not be used for the operation or maintenance of the Arkansas Valley Conduit.’’. 43USC61 6 f. 43 USC 616 a .


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 123STA T . 1322 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Subti t leC—T itle T ransf ers an d Clarifi c ati o ns SEC.9201 . TRAN S F ER O F M C G EE CREE KPI PE L INE AN D FACILITIES. (a)DEFIN I T I O N S.—Inthis s ec ti o n ( 1 ) AGR EE M ENT.— T he te rm‘ ‘A g reement ’ ’ means the agree - ment n u m b ere d06– A G –60– 2 11 5 and entit l ed ‘‘Agreement B et w een the U nited S tates o f America and M cGee C ree k Authorit y for the P ur p ose of Defining R esponsibilities Related to and Implementing the Title Transfer of Certain F acilities at the McGee Creek Pro j ect ,O klahoma’’. (2) A U T H ORIT Y .—The term ‘‘Authority’’ means the McGee Creek Authority located in Oklahoma City, Oklahoma. ( 3 )SE C RET A RY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (b) CON V EYANCE OF MCGEE CREE K PRO J ECT PI P E L INE AN D ASSO- CIATED FACILITIES.— (1) AUTHORITY TO CONVEY.— (A) IN GENERAL.—In accordance with all applicable laws and consistent with any terms and conditions pro v ided in the Agreement, the Secretary may convey to the Authority all right, title, and interest of the United States in and to the pipeline and any associated facilities described in the Agreement, including— (i) the pumping plant (ii) the raw water pipeline from the McGee Creek pumping plant to the rate of flow control station at L ake Atoka; (iii) the surge tank; (iv) the regulating tank; (v) the McGee Creek operation and maintenance comple x , maintenance shop, and pole barn; and (vi) any other appurtenances, easements, and fee title land associated with the facilities described in clauses (i) through (v), in accordance with the Agree- ment. (B) EX CLUSION OF MINERAL ESTATE FROM CONVEY- ANCE.— (i) IN GENERAL.—The mineral estate shall be excluded from the conveyance of any land or facilities under subparagraph (A). (ii) MANAGEMENT.—Any mineral interests retained by the United States under this section shall be man- aged— (I) consistent with Federal law; and (II) in a manner that would not interfere with the purposes for which the McGee Creek Project was authori z ed. (C) COMPLIANCE W ITH AGREEMENT; APPLICA B LE LAW.— (i) AGREEMENT.—All parties to the conveyance under subparagraph (A) shall comply with the terms and conditions of the Agreement, to the extent con- sistent with this section. (ii) APPLICABLE LAW.—Before any conveyance under subparagraph (A), the Secretary shall complete any actions re q uired under— Oklahom a .


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 123STA T . 1323 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I)theNa t ion a lE n v i r on m ental P oli cyA cto f196 9( 42U.S . C .4 3 21 et s e q .) (II) the En d an g ered S p ecies Act of 19 7 3 (16 U.S.C. 1 5 31 et seq.); (III) the National H istoric Preservation Act (16 U.S.C. 47 0 et seq.); and (I V ) any other applica b le la w s. (2) OPERATION O F TRAN S FERRE D FA C I L ITIES. — (A) IN G ENERAL.—On the conveyance of the land and facilities u nder paragraph (1)(A) , the Authority shall comply with all applicable F ederal, State, and local laws (including regulations) in the operation of any transferred facilities. ( B ) OPERATION AND M AINTENANCE COSTS.— (i) IN GENERAL.—After the conveyance of the land and facilities under paragraph (1)(A) and consistent with the Agreement, the Authority shall be responsible for all duties and costs associated with the operation, replacement, maintenance, enhancement, and better - ment of the transferred land and facilities. (ii) L IMITATION ON F U NDING.— T he Authority shall not be eligible to receive any Federal funding to assist in the operation, replacement, maintenance, enhance- ment, and betterment of the transferred land and facili- ties, e x cept for funding that would be available to any comparable entity that is not sub j ect to reclama- tion laws. (3) R ELEASE FROM LIA B ILIT Y .— (A) IN GENERAL.—Effective beginning on the date of the conveyance of the land and facilities under paragraph (1)(A), the United States shall not be liable for damages of any k ind arising out of any act, omission, or occurrence relating to any land or facilities conveyed, except for dam- ages caused by acts of negligence committed by the United States (including any employee or agent of the United States) before the date of the conveyance. (B) NO ADDITIONAL LIABILITY.—Nothing in this para- graph adds to any liability that the United States may have under chapter 171 of title 2 8, United States Code. (4) CONTRACTUAL OBLIGATIONS.— (A) IN GENERAL.—Except as provided in subparagraph (B), any rights and obligations under the contract num- bered 0 – 07–50– X 0822 and dated October 11, 1979, between the Authority and the United States for the construction, operation, and maintenance of the M c G ee Creek Project, shall remain in full force and effect. (B) AMENDMENTS.— W ith the consent of the Authority, the Secretary may amend the contract described in subparagraph (A) to reflect the conveyance of the land and facilities under paragraph (1)(A). (5) APPLICABILITY OF T H E RECLAMATION LA W S.—Notwith- standing the conveyance of the land and facilities under para- graph (1)(A), the reclamation laws shall continue to apply to any project water provided to the Authority. Ef f ectiv e da te .


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 123STA T . 132 4PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.920 2. ALBUQ UE R QUE B IO LO G ICAL P AR K,N E WM E X ICO, T ITLE CLARI F ICATION. (a)PURPOSE.—Thepur p os eo ft h i sse c tio n is to d irect the S ec - retar y of the I nterior to issue a q uitc l ai m deed con v eyin g any right , title, and interest the U nited States may have in and to Tingley B each, San G a b riel Par k , or the BioPark Parcels to the C ity, thereby removing a potential cloud on the City ’ s title to these lands. (b) D E FIN I T IONS.—In this section ( 1 ) CIT Y .—The term ‘ ‘City’’ means the City of A lbuquerque, N e wM e x ico. ( 2 ) BIOP A R K PAR C E L S.—The term ‘‘BioPark Parcels’’ means a certain area of land containing 1 9 .1 6 acres, more or less, situated within the Town of Albuquerque Grant, in Pro j ected Section 1 3, Township 1 0 North, R ange 2 E ast, N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, comprised of the following platted tracts and lot, and MRGCD tracts: (A) Tracts A and B, Albuquerque Biological Park, as the same are shown and designated on the Plat of Tracts A & B, Albuquerque Biological Park, recorded in the O ffice of the County Clerk of Bernalillo County, New Mexico on F ebruary 11, 199 4 in Book 94C, Page 44 containing 1 7 .90 5 1 acres, more or less. (B) L otB – 1, Roger Cox Addition, as the same is shown and designated on the Plat of Lots B–1 and B–2 Roger Cox Addition, recorded in the Office of the County Clerk of Bernalillo County, New Mexico on October 3, 19 8 5in Book C28, Page 99; containing 0.6289 acres, more or less. (C) Tract 361 of MRGCD Map 38, bounded on the north by Tract A, Albuquerque Biological Park, on the east by the westerly right-of-way of Central Avenue, on the south by Tract 332B MRGCD Map 38, and on the west by Tract B, Albuquerque Biological Park; containing 0.30 acres, more or less. (D) Tract 332B of MRGCD Map 38; bounded on the north by Tract 361, MRGCD Map 38, on the west by Tract 32A–1–A, MRGCD Map 38, and on the south and east by the westerly right-of-way of Central Avenue; con- taining 0.25 acres, more or less. (E) Tract 331A–1A of MRGCD Map 38, bounded on the west by Tract B, Albuquerque Biological Park, on the east by Tract 332B, MRGCD Map 38, and on the south by the westerly right-of-way of Central Avenue and Tract A, Albuquerque Biological Park; containing 0.08 acres, more or less. (3) MI D DLE RIO G RANDE CONSER V ANCY DISTRICT.—The terms ‘‘Middle Rio Grande Conservancy District’’ and ‘‘MRGCD’’ mean a political subdivision of the State of New Mexico, created in 1925 to provide and maintain flood protection and drainage, and maintenance of ditches, canals, and distribution systems for irrigation and water delivery and operations in the Middle Rio Grande V alley. (4) MIDDLE RIO GRANDE PRO J ECT.—The term ‘‘Middle Rio Grande Project’’ means the works associated with water deliv- eries and operations in the Rio Grande basin as authori z ed by the Flood Control Act of 1948 (Public Law 80–858; 62


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 123STA T . 132 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Sta t .1 1 75) a nd t heFlo od C ont r ol Ac to f 1 9 5 0(Pub l i c L a w8 1 – 51 6; 6 4 Stat. 170). (5) S ANG A BRIELP AR K . —T he ter m‘ ‘San G abriel Par k’ ’ mean s the tract of land containin g 40. 2 2 3 6 acres, more or less, situated within Section 12 and Section 13, T10 N , R 2 E , N. M .P.M., Cit y of Albu q uerque, B ernalillo County, New Me x ico, and described by New Mexico State Plane Grid Bearings (Cen - tral Z one) and ground distances in a S p ecial W arranty D eed con v eying the property from MRGCD to the City, dated November 25, 1997. (6) TINGLE Y BEA CH .—The term ‘‘Tingley Beach’’ means the tract of land containing 25.2005 acres, more or less, situated within Section 13 and Section 24, T10N, R2E, and secs. 18 and 19, T10N, R3E, N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, and described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances in a Special Warranty Deed conveying the property from MRGCD to the City, dated November 25, 1997. (c) CLARI F ICA T I O N OF PROPERTY I NTERE S T.— (1) RE QU IRE D ACTION.—The Secretary of the Interior shall issue a quitclaim deed conveying any right, title, and interest the U nited States may have in and to Tingley Beach, San Gabriel Park, and the BioPark Parcels to the City. (2) TI M ING.—The Secretary shall carry out the action in paragraph (1) as soon as practicable after the date of enactment of this Act and in accordance with all applicable law. (3) NO ADDITIONAL PAYMENT.—The City shall not be required to pay any additional costs to the United States for the value of San Gabriel Park, Tingley Beach, and the BioPark Parcels. (d) O THER RIGHTS, TITLE, AND INTERESTS UNAFFECTED.— (1) IN GENERAL.—Except as expressly provided in sub- section (c), nothing in this section shall be construed to affect any right, title, or interest in and to any land associated with the Middle Rio Grande Pro j ect. (2) ONGOING LITIGATION.—Nothing contained in this section shall be construed or utili z ed to affect or otherwise interfere with any position set forth by any party in the lawsuit pending before the United States District Court for the District of New Mexico, 99–C V –01320– J AP–R H S, entitled Rio Grande Silvery Minnow v. John W. K eys, III, concerning the right, title, or interest in and to any property associated with the Middle Rio Grande Project. SEC.9203 . GOL E TAW ATE RDI STRICT WATER DISTRI BU TIO N S Y STE M, CALI F ORNIA. (a) DEFINITIONS.—In this section (1) AGREEMENT.—The term ‘‘Agreement’’ means Agreement No. 07–LC–20–9387 between the United States and the Dis- trict, entitled ‘‘Agreement Between the United States and the Goleta Water District to Transfer Title of the Federally Owned Distribution System to the Goleta Water District’’. (2) DISTRICT.—The term ‘‘District’’ means the Goleta Water District, located in Santa Barbara County, California. (3) GOLETA W ATER DISTRIBUTION SYSTEM.—The term ‘‘Goleta Water Distribution System’’ means the facilities con- structed by the United States to enable the District to convey


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 123STA T . 132 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9water t oi t s water u sers , a nd asso c iated l ands, as descri b ed in Ap pendi x Ao f t h eA g ree m ent .(4)SECR E TA R Y . —T he term ‘ ‘Secretar y’ ’ means the Secretary of the I nterior. (b) CONV EYANCE O F T H E G O L ETA W ATER DIS TRI BU TION SYSTE M .—The Secretary is authori z ed to con v ey to the District all right, title, and interest of the U nited States in and to the Goleta Water Distribution System of the Cachuma P ro j ect, Cali - fornia, subject to valid existing rights and consistent with the terms and conditions set forth in the Agreement. (c) L IABILITY.— E ffective upon the date of the conveyance authorized by subsection (b), the United States shall not be held liable by any court for damages of any k ind arising out of any act, omission, or occurrence relating to the lands, buildings, or facilities conveyed under this section, except for damages caused by acts of negligence committed by the United States or by its employees or agents prior to the date of conveyance. N othing in this section increases the liability of the United States beyond that provided in chapter 17 1 of title 28, United States Code (popu- larly known as the F ederal Tort Claims Act). (d) B ENEFITS.—After conveyance of the Goleta Water Distribu- tion System under this section— (1) such distribution system shall not be considered to be a part of a Federal reclamation project and (2) the District shall not be eligible to receive any benefits with respect to any facility comprising the Goleta Water Dis- tribution System, except benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project. (e) COM P LIANCE WITH O THER LA W S.— (1) COMPLIANCE WITH ENVIRONMENTAL AN D HISTORIC PRESERVATION LAWS.—Prior to any conveyance under this sec- tion, the Secretary shall complete all actions re q uired under the National Environmental Policy Act of 1 96 9 (42 U.S.C. 4 3 21 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1 5 31 et seq.), the National H istoric Preservation Act (16 U.S.C. 47 0 et seq.), and all other applicable laws. (2) COMPLIANCE BY THE DISTRICT.—Upon the conveyance of the Goleta Water Distribution System under this section, the District shall comply with all applicable Federal, State, and local laws and regulations in its operation of the facilities that are transferred. (3) APPLICABLE AUTHORITY.—All provisions of Federal rec- lamation law (the Act of J une 17, 1902 (43 U.S.C. 371 et seq.) and Acts supplemental to and amendatory of that Act) shall continue to be applicable to project water provided to the District. (f) R EPORT.—If, 12 months after the date of the enactment of this Act, the Secretary has not completed the conveyance required under subsection (b), the Secretary shall complete a report that states the reason the conveyance has not been completed and the date by which the conveyance shall be completed. The Secretary shall submit a report required under this subsection to Congress not later than 14 months after the date of the enactment of this Act. Ef f ectiv e da te .


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 123STA T . 132 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Subti t leD— S anG ab r iel B a s in R est o ration F un dSEC.9301 . R ES TO R A T I O NFU N D . Section1 1 0 o fd i v i s ion B oft h e M isce l l a neo u s Ap p r opriations Act ,2 001 ( 11 4 Stat . 2 763 A – 222 ) , as enacted into la wby section 1(a)(4) of the C onsolidated Appropriations Act, 2001 ( P ublic L aw 106– 5 54,asa m ended by Public Law 107–66), is further amended — (1) in subsection (a)(3)(B), by insertin g after clause (iii) the following

‘(iv) NON-FED E RALM A TCH .—After $8 5,000,000 has cumulatively been appropriated under subsection (d)(1), the remainder of F ederal funds appropriated under subsection (d) shall be sub j ect to the following matching re q uirement: ‘‘( I ) SAN G A B R I EL BA S IN W ATER QU ALIT Y AUTHORITY.— T he San G abriel Basin W ater Q uality Authority shall be responsible for providing a 35 percent non-Federal match for Federal funds made available to the Authority under this Act. ‘‘(II) CENTRAL BASIN MUNICI P AL WATER DIS- TRICT.—The Central Basin Municipal Water D is- trict shall be responsible for providing a 35 percent non-Federal match for Federal funds made avail- able to the District under this Act. ’ ’ (2) in subsection (a), by adding at the end the following: ‘‘(4) INTEREST ON FUNDS IN RESTORATION FUND.—No amounts appropriated above the cumulative amount of $85,000,000 to the R estoration Fund under subsection (d)(1) shall be invested by the Secretary of the Treasury in interest- bearing securities of the U nited States.’’; and (3) by amending subsection (d) to read as follows: ‘‘(d) AUTHORI Z ATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authori z ed to be appropriated to the Restoration Fund established under subsection (a) $146,200,000. Such funds shall remain available until e x pended. ‘‘(2) SET-ASIDE.— O f the amounts appropriated under para- graph (1), no more than $21,200,000 shall be made available to carry out the Central Basin Water Quality Project.’’. Subtitle E — L o w er C olorado Ri v er M ulti - S p e c ies Conservation P ro g ra m SEC. 9 4 01. DEFINITIONS. In this subtitle: (1) LOWER COLORADO RI V ER MULTI-SPECIES CONSERVATION PROGRAM.—The term ‘‘Lower Colorado River Multi-Species Con- servation Program’’ or ‘‘LCR MSCP’’ means the cooperative effort on the Lower Colorado River between Federal and non- Federal entities in Arizona, California, and Nevada approved by the Secretary of the Interior on April 2, 2005. (2) LOWER COLORADO RIVER.—The term ‘‘Lower Colorado River’’ means the segment of the Colorado River within the


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 123STA T . 132 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9plan n i n g a re aa s pr ov i d edinse ct ion 2(B) o f t h e Im plementing A greement , a P rogram D oc u ment . ( 3 )P ROG R AMD O CU M ENTS . —T he term ‘ ‘Program Docu - ments ’ ’ means the H a b itat C onservation Plan, Biological Assess- ment and Biological and Conference O pinion, E nvironmental Impact S tatement / Environmental Impact R eport, F unding and M anagement Agreement, Implementing Agreement, and Sec- tion 10 (a)(1)(B) Permit issued and, as applicable, e x ecuted in connection w ith the L CR MSCP, and an y amendments or suc- cessor documents that are developed consistent with existing agreements and applicable law. ( 4 ) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 5 ) STATE.—The term ‘‘State’’ means each of the States of Ari z ona, California, and N evada. SEC.9402 . IMPL EME NTA TI O NAN DW ATE R ACCO U NTIN G . (a) IM PL EMENTAT I ON.—The Secretary is authorized to manage and implement the LCR MSCP in accordance with the Program Documents. (b) W ATER ACCOUNTING.—The Secretary is authorized to enter into an agreement with the States providing for the use of water from the Lower Colorado River for habitat creation and maintenance in accordance with the Program Documents. SEC. 940 3 .EN F ORCEA B ILIT Y OF PROGRAM DOCUMENTS. (a) IN G ENERAL.—Due to the uni q ue conditions of the Colorado River, any party to the Funding and Management Agreement or the Implementing Agreement, and any permittee under the Section 10(a)(1)(B) Permit, may commence a civil action in U nited States district court to ad j udicate, confirm, validate or decree the rights and obligations of the parties under those Program Documents. (b) J URISDICTION.—The district court shall have jurisdiction over such actions and may issue such orders, judgments, and decrees as are consistent with the court’s exercise of jurisdiction under this section. (c) UNITED STATES AS DE F ENDANT.— (1) IN GENERAL.—The United States or any agency of the United States may be named as a defendant in such actions. (2) SO V EREIGN IMMUNITY.—Subject to paragraph (3), the sovereign immunity of the United States is waived for purposes of actions commenced pursuant to this section. (3) NON W AIVER FOR CERTAIN CLAIMS.—Nothing in this sec- tion waives the sovereign immunity of the United States to claims for money damages, monetary compensation, the provi- sion of indemnity, or any claim see k ing money from the United States. (d) RIG H TS UNDER FEDERAL AND STATE LAW.— (1) IN GENERAL.—Except as specifically provided in this section, nothing in this section limits any rights or obligations of any party under Federal or State law. (2) APPLICA B ILITY TO LOWER COLORADO RIVER MULTI-SPE- CIES CONSERVATION PROGRAM.—This section— (A) shall apply only to the Lower Colorado River Multi- Species Conservation Program and (B) shall not affect the terms of, or rights or obligations under, any other conservation plan created pursuant to any Federal or State law. Waiver.


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 123STA T . 132 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (e)VENU E .—Anysuitp u r su a ntt o t h is se c tion m ay b e brou g ht in any U nite dS tates district court in the State in w hich any non -F edera l party to the suit is situated. SEC.940 4. AUTHORIZ ATIO N O F A P PROPRIATIONS. (a) I N G ENE RAL .— T here is authori z ed to be appropriated to the Secretary such sums as may be necessary to meet the obliga- tions o f the Secretary under the P rogram D ocuments , to remain a v ailable until e x pended. (b) NO N- R E IMB UR S ABLE AN D NON-RE T URNABLE.—All amounts appropriated to and expended by the Secretary for the LC R M SCP shall be non-reimbursable and non-returnable. Subti t leF— Se c u r e Wa ter SEC. 9 5 0 1 . FIN D IN G S. Congress finds that— ( 1 ) ade q uate and safe supplies of water are fundamental to the health, economy, security, and ecology of the United States ( 2 ) systematic data-gathering with respect to, and research and development of, the water resources of the United States will help ensure the continued existence of sufficient quantities of water to support— (A) increasing populations; ( B ) economic growth; (C) irrigated agriculture; (D) energy production; and ( E ) the protection of aquatic ecosystems; ( 3 ) global climate change poses a significant challenge to the protection and use of the water resources of the United States due to an increased uncertainty with respect to the timing, form, and geographical distribution of precipitation, which may have a substantial effect on the supplies of water for agricultural, hydroelectric power, industrial, domestic supply, and environmental needs; ( 4 ) although States bear the primary responsibility and authority for managing the water resources of the United States, the Federal Government should support the States, as well as regional, local, and tribal governments, by carrying out— (A) nationwide data collection and monitoring activi- ties; (B) relevant research; and (C) activities to increase the efficiency of the use of water in the United States; ( 5 ) Federal agencies that conduct water management and related activities have a responsibility— (A) to ta k e a lead role in assessing risks to the water resources of the United States (including risks posed by global climate change); and (B) to develop strategies— (i) to mitigate the potential impacts of each risk described in subparagraph (A); and 42USC1036 1.


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 123STA T . 133 0PUBLIC LA W 111 – 11 —M A R .30, 200 9(i i )tohelp e nsur eth a t the lon g- ter mw ater resour c es management o f the U nite dS tates is sustain- a b le and will ensure sustainable q uantities of water ( 6 ) it is critical to continue and e x pand research and moni- toring efforts — ( A ) to impro v e the understanding of the variabilit y of the water cycle; and ( B ) to provide basic information necessary— (i) to manage and efficiently use the water resources of the United States; and (ii) to identify new supplies of water that are capable of being reclaimed; and ( 7 ) the study of water use is vital— (A) to the understanding of the impacts of human activity on water and ecological resources; and (B) to the assessment of whether available surface and groundwater supplies will be available to meet the future needs of the United States .SEC.9502 . D E FIN I T I O NS. I n this section ( 1 )A DMIN I STRA T O R.— T he term ‘ ‘Administrator ’ ’ means the Administrator of the N ational O ceanic and Atmospheric Administration. ( 2 )AD V ISOR YC OMMITT E E.—The term ‘‘Advisory C ommittee’’ means the National Advisory Committee on W ater Information established— (A) under the Office of M anagement and Budget Cir- cular 9 2 –0 1; and (B) to coordinate water data collection activities. ( 3 ) ASSESSMENT P RO G RAM.—The term ‘‘assessment pro- gram’’ means the water availability and use assessment pro- gram established by the Secretary under section 9 5 0 8 (a). ( 4 )C L IMATE DIVISION.—The term ‘‘climate division’’ means 1 of the 359 divisions in the United States that represents 2 or more regions located within a State that are as climatically homogeneous as possible , as determined by the Administrator. (5) COMMISSIONER.—The term ‘‘Commissioner’’ means the Commissioner of R eclamation. (6) D IRECTOR.—The term ‘‘Director’’ means the Director of the United States G eological Survey. (7) E LIGI B LE APPLICANT.—The term ‘‘eligible applicant’’ means any State, Indian tribe, irrigation district, water district, or other organi z ation with water or power delivery authority. (8) F EDERAL PO W ER MAR K ETING ADMINISTRATION.—The term ‘‘Federal P ower Mar k eting Administration’’ means— (A) the Bonneville Power Administration; (B) the Southeastern Power Administration; (C) the Southwestern Power Administration; and (D) the Western Area Power Administration. (9) H YDROLOGIC ACCO U NTING UNIT.—The term ‘‘hydrologic accounting unit’’ means 1 of the 352 river basin hydrologic accounting units used by the United States Geological Survey. (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 450b). 42USC1036 2.


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 123STA T . 1331 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1 1 )MAJOR A QUIFE R SY S T E M.—Thet e rm‘ ‘m ajo ra quif er sy stem ’ ’ mea n sa g roun dw ater system that is— ( A ) identified as a signifi c ant groundwater system b y the D irector and ( B ) inc l uded in the G roundwater Atlas of the U nited S tates ,p ublished by the United States Geological Sur v ey. (1 2 ) MAJOR RE CL AMATIO N RI V ER B ASIN.— (A) I N G ENERAL.—The term ‘‘major reclamation river basin’’ means each major river system (including tribu - taries)— (i) that is located in a service area of the Bureau of R eclamation; and (ii) at which is located a federally authori z ed project of the Bureau of Reclamation. (B) INCLUSIONS.—The term ‘‘major reclamation river basin’’ includes— (i) the C olorado River; (ii) the Columbia River; (iii) the K lamath River; (iv) the Missouri River; (v) the Rio Grande; (vi) the Sacramento River; (vii) the San J oaquin River; and (viii) the Truc k ee River. (1 3 ) N ON-FE D ERAL P ARTICIPANT.—The term ‘‘non- F ederal participant’’ means— (A) a State, regional, or local authority; (B) an Indian tribe or tribal organization; or (C) any other qualifying entity, such as a water con- servation district, water conservancy district, or rural water district or association, or a nongovernmental organization. (1 4 ) P ANEL.—The term ‘‘panel’’ means the climate change and water intragovernmental panel established by the Sec- retary under section 9506 (a). (15) PROGRAM.—The term ‘‘program’’ means the regional integrated sciences and assessments program— (A) established by the Administrator; and (B) that is comprised of 8 regional programs that use advances in integrated climate sciences to assist decision- making processes. (16) SECRETARY.— (A) IN GENERAL.— Ex cept as provided in subparagraph (B), the term ‘‘Secretary’’ means the Secretary of the Interior. (B) E X CEPTIONS.—The term ‘‘Secretary’’ means— (i) in the case of sections 9503, 9504, and 9509, the Secretary of the Interior (acting through the Commissioner); and (ii) in the case of sections 950 7 and 9508, the Secretary of the Interior (acting through the Director). (17) SERVICE AREA.—The term ‘‘service area’’ means any area that encompasses a watershed that contains a federally authorized reclamation project that is located in any State or area described in the first section of the Act of June 17, 1902 (43 U.S.C. 391).


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 123STA T . 1332 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.9503 . R EC LAM A TION CLIMATE C H AN G EAN DW ATER P ROGRAM. (a)INGE NE RAL.—TheS e cr e t ar ys ha l l esta b l i shacli m ate cha ng ea d a p tati o n program— ( 1 ) to coordinate w ith the A dministrator and other appro - priate agencies to assess each e f fect of , and ris k res u lting from, global climate change with respect to the q uantity of water resources located in a ser v ice area and ( 2 ) to ensure, to the ma x imum extent possible, that strate- gies are developed at watershed and aquifer system scales to address potential water shortages, conflicts, and other impacts to water users located at, and the environment of, each service area. (b) R E QUI RE DE LE M EN TS .—In carrying out the program described in subsection (a), the Secretary shall— (1) coordinate with the U nited States Geological Survey, the N ational O ceanic and Atmospheric Administration, the pro- gram, and each appropriate State water resource agency, to ensure that the Secretary has access to the best available scientific information with respect to presently observed and pro j ected future impacts of global climate change on water resources; (2) assess specific risks to the water supply of each major reclamation river basin, including any risk relating to— (A) a change in snowpack; ( B ) changes in the timing and quantity of runoff; ( C ) changes in groundwater recharge and discharge; and ( D ) any increase in— (i) the demand for water as a result of increasing temperatures; and (ii) the rate of reservoir evaporation; ( 3 ) with respect to each major reclamation river basin, analy z e the extent to which changes in the water supply of the United States will impact— (A) the ability of the Secretary to deliver water to the contractors of the Secretary; (B) hydroelectric power generation facilities; (C) recreation at reclamation facilities; (D) fish and wildlife habitat; (E) applicable species listed as an endangered, threat- ened, or candidate species under the Endangered Species Actof1 97 3(1 6 U.S.C. 1 5 31 et seq.); ( F ) water quality issues (including salinity levels of each major reclamation river basin); (G) flow and water dependent ecological resiliency; and ( H ) flood control management; ( 4 ) in consultation with appropriate non-Federal partici- pants, consider and develop appropriate strategies to mitigate each impact of water supply changes analyzed by the Secretary under paragraph (3), including strategies relating to— (A) the modification of any reservoir storage or oper- ating guideline in existence as of the date of enactment of this Act; (B) the development of new water management, oper- ating, or habitat restoration plans; (C) water conservation; Stra t egi e s.An a ly sis. Assess m ent. 42U S C1036 3.


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 123STA T . 1333 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(D)improvedhy dro l o g i c model san do t her decision s u p - port systems and ( E ) ground w ater and sur f ace water storage needs; and ( 5 ) in consultation with the Director , the A dministrator, the S ecretary of Agriculture (acting through the C hief of the N atural R esources Conservation Service), and applica b le State water resource agencies, develop a monitoring plan to ac q uire and maintain water resources data — (A) to strengthen the understanding of water supply trends; and ( B ) to assist in each assessment and analysis conducted by the Secretary under paragraphs ( 2 )and( 3 ) . (c) R EPORTING .—Not later than 2 years after the date of enact- ment of this Act, and every 5 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that describes— ( 1 ) each effect of, and ris k resulting from, global climate change with respect to the quantity of water resources located in each ma j or reclamation river basin; (2) the impact of global climate change with respect to the operations of the Secretary in each major reclamation river basin; (3) each mitigation and adaptation strategy considered and implemented by the Secretary to address each effect of global climate change described in paragraph (1); ( 4 ) each coordination activity conducted by the Secretary with— (A) the Director; (B) the Administrator; (C) the Secretary of Agriculture (acting through the Chief of the Natural Resources Conservation Service); or (D) any appropriate State water resource agency; and (5) the implementation by the Secretary of the monitoring plan developed under subsection (b)(5). (d) F E AS I B I L IT Y ST UD IES.— (1) AUT H ORITY O F SE C RETARY.— T he Secretary, in coopera- tion with any non-Federal participant, may conduct 1 or more studies to determine the feasibility and impact on ecological resiliency of implementing each mitigation and adaptation strategy described in subsection (c)(3), including the construc- tion of any water supply, water management, environmental, or habitat enhancement water infrastructure that the Secretary determines to be necessary to address the effects of global climate change on water resources located in each major rec- lamation river basin. (2) COST SHARING.— (A) FEDERAL SHARE.— (i) I N GENERAL.—E x cept as provided in clause (ii), the Federal share of the cost of a study described in paragraph (1) shall not exceed 5 0 percent of the cost of the study. (ii) E X CEPTION RELATING TO FINANCIAL HARD- SHIP.—The Secretary may increase the Federal share of the cost of a study described in paragraph (1) to exceed 50 percent of the cost of the study if the Sec- retary determines that, due to a financial hardship, the non-Federal participant of the study is unable to Monit o r in gpla n .


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 123STA T . 133 4PUBLIC LA W 111 – 11 —M A R .3 0, 200 9contribu t ea na m ount e q ua l to 50p ercent o f t h eco s t of the stu dy.(B)NON-FED E RALSH ARE. —T he non- F ederal share of the cost of a study described in para g raph ( 1 )maybe pro v ided in the form of any in- k ind services that substan- tially contribute to w ard the completion of the study , as determined by the S ecretary. (e) NO E FFE CT ONE XI STIN GAU THORIT Y .—Nothing in this sec- tion amends or otherwise affects any e x isting authority under rec- lamation laws that govern the operation of any Federal reclamation pro j ect. (f) AUTHORI Z ATION OF A P PROPRIATIONS.—There are authori z ed to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2 00 9 through 202 3, to remain avail- able until expended. SEC.9504 . WAT E RM A N A G EMENT I M P R OV EMENT. (a) AUTHORIZATION OF G RANTS AND C OOPERATI V E AGREE- M ENTS.— (1) AUTHORITY OF SECRETARY.—The Secretary may provide any grant to, or enter into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement— (A) to conserve water (B) to increase water use efficiency; (C) to facilitate water markets; ( D ) to enhance water management, including increasing the use of renewable energy in the management and delivery of water; (E) to accelerate the adoption and use of advanced water treatment technologies to increase water supply; (F) to prevent the decline of species that the U nited States Fish and W ildlife Service and National M arine Fish- eries Service have proposed for listing under the Endan- gered Species Act of 19 7 3(1 6 U.S.C. 1531 et seq.) (or candidate species that are being considered by those agen- cies for such listing but are not yet the subject of a proposed rule); (G) to accelerate the recovery of threatened species, endangered species, and designated critical habitats that are adversely affected by Federal reclamation projects or are subject to a recovery plan or conservation plan under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under which the Commissioner of R eclamation has implementation responsibilities; or ( H ) to carry out any other activity— (i) to address any climate-related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change; or (ii) to prevent any water-related crisis or conflict at any watershed that has a nexus to a Federal rec- lamation project located in a service area. (2) APPLICATION.—To be eligible to receive a grant, or enter into an agreement with the Secretary under paragraph (1), an eligible applicant shall— 42USC1036 4.


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 123STA T . 133 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(A)belocat e dwi t h i n the S tate s and a r eas re f erred to in the first section of the Act of Ju ne 17, 1 902 ( 43U. S. C . 391) and ( B ) sub m it to the Secretar y ana p plication that includes a proposal of the impro v ement or activity to be planned, desi g ned, constructed, or implemented by the eligible applicant. (3) REQUIR E M E NTSOFG R A NTS AN DC OO P ERATI V E AGREE - MENTS. — (A) COMP L IANCE W IT H REQUIREMENTS.— E ach grant and agreement entered into by the Secretary with any eligible applicant under paragraph (1) shall be in compliance with each re q uirement described in subparagraphs (B) through ( F ). (B) AGRICULTURAL OPERATIONS.— I n carrying out para- graph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irriga- tion water unless the eligible applicant agrees not— (i) to use any associated water savings to increase the total irrigated acreage of the eligible applicant; or (ii) to otherwise increase the consumptive use of water in the operation of the eligible applicant, as determined pursuant to the law of the State in which the operation of the eligible applicant is located. (C) N ONREIM B URSABLE FUNDS.—Any funds provided by the Secretary to an eligible applicant through a grant or agreement under paragraph (1) shall be nonreimbursable. ( D ) T ITLE TO IMPROVEMENTS.—If an infrastructure improvement to a federally owned facility is the sub j ect of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1), the Federal G overnment shall continue to hold title to the facility and improvements to the facility. (E) COST SHARING.— (i) FEDERAL SHARE.—The Federal share of the cost of any infrastructure improvement or activity that is the subject of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1) shall not e x ceed 5 0 percent of the cost of the infrastructure improvement or activity. (ii) CALCULATION OF NON-FEDERAL SHARE.—In cal- culating the non-Federal share of the cost of an infra- structure improvement or activity proposed by an eligible applicant through an application submitted by the eligible applicant under paragraph (2), the Sec- retary shall— (I) consider the value of any in- k ind services that substantially contributes toward the comple- tion of the improvement or activity, as determined by the Secretary; and (II) not consider any other amount that the eligible applicant receives from a Federal agency. (iii) M A X IMUM AMOUNT.—The amount provided to an eligible applicant through a grant or other agree- ment under paragraph (1) shall be not more than $ 5,000,000.