Pub. L. 111-11, tit. IX, subtit. B, sec. 9105
JACKSON GULCH REHABILITATION PROJECT, COLORADO.
SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO.(a) Definitions.—In this section:(1) Assessment.—The term “assessment” means the engineering document that is—(A) entitled “Jackson Gulch Inlet Canal Project, Jackson Gulch Outlet Canal Project, Jackson Gulch Operations Facilities Project: Condition Assessment and Recommendations for Rehabilitation”;(B) dated February 2004; and(C) on file with the Bureau of Reclamation.(2) District.—The term “District” means the Mancos Water Conservancy District established under the Water Conservancy Act (Colo. Rev. Stat. 37–45–101 et seq.).(3) Project.—The term “Project” means the Jackson Gulch rehabilitation project, a program for the rehabilitation of the Jackson Gulch Canal system and other infrastructure in the State, as described in the assessment.(4) Secretary.—The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation.(5) State.—The term “State” means the State of Colorado.(b) Authorization of Jackson Gulch Rehabilitation Project.—(1) In general.—Subject to the reimbursement requirement described in paragraph (3), the Secretary shall pay the Federal share of the total cost of carrying out the Project.123 STAT. 1304(2) Use of existing information.—In preparing any studies relating to the Project, the Secretary shall, to the maximum extent practicable, use existing studies, including engineering and resource information provided by, or at the direction of—(A) Federal, State, or local agencies; and(B) the District.(3) Reimbursement requirement.—(A) Amount.—The Secretary shall recover from the District as reimbursable expenses the lesser of—(i) the amount equal to 35 percent of the cost of the Project; or(ii) $2,900,000.(B) Manner.—The Secretary shall recover reimbursable expenses under subparagraph (A)—(i) in a manner agreed to by the Secretary and the District;(ii) over a period of 15 years; and(iii) with no interest.(C) Credit.—In determining the exact amount of reimbursable expenses to be recovered from the District, the Secretary shall credit the District for any amounts it paid before the date of enactment of this Act for engineering work and improvements directly associated with the Project.(4) Prohibition on operation and maintenance costs.—The District shall be responsible for the operation and maintenance of any facility constructed or rehabilitated under this section.(5) Liability.—The United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to a facility rehabilitated or constructed under this section.(6) Effect.—An activity provided Federal funding under this section shall not be considered a supplemental or additional benefit under—(A) the reclamation laws; or(B) the Act of August 11, 1939 (16 U.S.C. 590y et seq.).(7) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to pay the Federal share of the total cost of carrying out the Project $8,250,000.