43-U.S.C.-390H-34
§390H-34 – §390H-34. North Bay Water Reuse Program
Pathway
Title 43 > Chapter 12 > Subchapter I > Section 390h-34
Details
- Reference: Section 390h-34
- Legend: §390H-34 – §390H-34. North Bay Water Reuse Program
- USCode Year: 2013
Provision Content
(a) Definitions
In this section:
(1) Eligible entity
The term eligible entity means a member agency of the North Bay 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—
(A) water quality improvement;
(B) wastewater treatment;
(C) water reclamation and reuse;
(D) groundwater recharge and protection;
(E) surface water augmentation; or
(F) other related improvements.
(3) State
The term State means the State of California.
(b) North Bay Water Reuse Program
(1) In general
Contingent upon a finding of feasibility, the Secretary, acting through a cooperative agreement with the State or a subdivision of the State, is authorized to enter into cooperative agreements with eligible entities for the planning, design, and construction of water reclamation and reuse facilities and recycled water conveyance and distribution systems.
(2) Coordination with other Federal agencies
In carrying out this section, the Secretary and the eligible entity shall, to the maximum extent practicable, use the design work 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 project
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 Secretary 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 planning, design, and construction of the sub-regional distribution systems.
(4) Cost sharing
(A) Federal share
The Federal share of the cost of the first phase of the project authorized by this section shall not exceed 25 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 facilities; and
(II) owned by an eligible entity and directly related to the project.
(C) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(5) 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-Federal entity the ability to exercise any Federal right to—
(i) the water of a stream; or
(ii) any groundwater resource.
(6) Authorization of appropriations
There is authorized to be appropriated for the Federal share of the total cost of the first phase of the project authorized by this section $25,000,000, to remain available until expended.
(Pub. L. 102–575, title XVI, §1651, as added Pub. L. 111–11, title IX, §9110(a), Mar. 30, 2009, 123 Stat. 1315.)
U.S. Encyclopedia of Law Coverage
43-U.S.C.-390H-16 in the Legal Encyclopedia: Public Lands
In this entry about 43-U.S.C.-390H-16, find legal reference material, bibliographies and premiere content related to public lands in the American Encyclopedia of Law, presenting a comprehensive view of the United States public lands-specific issues, written by authorities in the field.
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