Page:United States Statutes at Large Volume 123.djvu/1319

 123STA T . 12 9 9 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 design,a nd co ns tru ct rec h arge, reco v er y ,andde l ivery syste m s a b le to store u p to 250 ,000 acre -f eet of w ater and recover up to 55,000 acre-feet of water per year, as substantially described in the C alifornia E nvironmental Q uality A ct, F inal Environmental I mpact R eport for the M adera Irrigation D istrict W ater S upply Enhancement P ro j ect, September 2005 .(3) S ECR E TA R Y . —T he term ‘ ‘Secretary ’ ’ means the Secretary of the Interior. ( 4 )T O TA L CO S T.—The term ‘‘total cost’’ means all reason- able costs, such as the planning, design, permitting, and construction of the Project and the ac q uisition costs of lands used or acquired by the District for the Project. (b) PRO J ECT FEAS IB ILITY.— ( 1 ) PROJECT F EASIBLE.—Pursuant to the Reclamation Act of1 9 02 (32 Stat. 3 8 8) and Acts amendatory thereof and supple- mental thereto, the Project is feasible and no further studies or actions regarding feasibility are necessary. (2) A P PLICABILITY OF OT H ER LA W S.—The Secretary shall implement the authority provided in this section in accordance with all applicable Federal laws, including the N ational Environmental Policy Act of 19 6 9 (42 U .S.C. 4321 et seq.) and the Endangered Species Act of 19 7 3 (7 U.S.C. 136 16 U.S.C. 460 et seq.). (c) COOPERATI V EA G REE M E N T.—All final planning and design and the construction of the Project authori z ed by this section shall be underta k en in accordance with a cooperative agreement between the Secretary and the District for the Project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary and the District the responsibilities of the District for participating, which shall include— (1) engineering and design; (2) construction; and (3) the administration of contracts pertaining to any of the foregoing. (d) A U THORI Z ATION FOR THE MA D ERA WATER SUPPLY AND ENHANCEMENT PROJECT.— (1) AUTHORIZATION OF CONSTRUCTION.—The Secretary, acting pursuant to the Federal reclamation laws (Act of J une 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supple- mentary thereto, is authorized to enter into a cooperative agree- ment through the B ureau of Reclamation with the District for the support of the final design and construction of the Project. (2) TOTAL COST.—The total cost of the Project for the pur- poses of determining the Federal cost share shall not e x ceed $ 90,000,000. (3) COST SHARE.—The Federal share of the capital costs of the Project shall be provided on a nonreimbursable basis and shall not exceed 25 percent of the total cost. Capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to the date of the enactment of this Act shall be considered a portion of the non-Federal cost share. (4) CREDIT FOR NON-FEDERAL WOR K .—The District shall receive credit toward the non-Federal share of the cost of the Project for— Contrac t s.