H.R. 1326 – Reading Mode

109th CONGRESS

1st Session

H. R. 1326

IN THE HOUSE OF REPRESENTATIVES

March 15, 2005

Mr. Thompson of California introduced the following bill; which was referred to the Committee on Resources

A BILL

To enable a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve water supply, water quality, and environmental restoration objectives.

Short title

This Act may be cited as the North Bay Water Reuse Program Act of 2005.

Definitions

In this Act:

(1)

Eligible Entity

The term eligible entity means each of—

(A)

the Sonoma Valley County Sanitation District, Sonoma, California;

(B)

the Napa Sanitation District, Napa, California;

(C)

the City of American Canyon, California;

(D)

the Las Gallinas Valley Sanitary District, San Rafael, California;

(E)

the Novato Sanitary District, Novato, California;

(F)

the City of Petaluma, California; and

(G)

the Sonoma County Water Agency.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

North Bay Water Reuse Program

(a)

In General

The Secretary may, through a cooperative agreement with the State of California or a subdivision thereof, participate in the planning, design, and construction of water reclamation and reuse projects including water quality improvement, waste water treatment, water reclamation and reuse, groundwater recharge and protection, surface water augmentation, and other improvements with eligible entities in the North San Pablo Bay watershed in Napa, Sonoma, Marin, and Solano Counties, California.

(b)

Coordination with other Federal agencies

In carrying out this section, the Secretary shall, to the greatest degree practicable, build upon the design work and environmental evaluation undertaken by non-Federal entities and by the Corps of Engineers in the San Pablo Bay Watershed, California.

(c)

Cooperative agreements

All planning, design, and construction of a recycled water project authorized by this Act shall be undertaken in accordance with a cooperative agreement between the Secretary and the eligible entity for the project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary the responsibilities of the eligible entity for—

(1)

needs assessment;

(2)

feasibility and reconnaissance studies;

(3)

environmental review;

(4)

engineering and design;

(5)

construction; and

(6)

the administration of contracts pertaining to any of the foregoing.

(d)

Financial assistance

Upon execution of a cooperative agreement under this section, the Secretary may provide to the eligible entity, on the basis described in section 4, the funds authorized, through direct loans, loan guarantees, or grants.

Cost sharing

(a)

Federal assistance

The Federal share of a project funded under this Act shall not exceed 65 percent of the total cost for planning, environmental evaluation, and construction of the project.

(b)

Non-federal Cost Share

(1)

In General

Except as provided in subsection (c), the non-Federal cost share of the costs of a project funded under this Act shall be no less than 35 percent total cost for planning, environmental evaluation, and construction of the project.

(2)

Credit for Non-Federal work

The non-Federal interests with respect to a project funded under this Act shall receive credit toward the non-Federal share of the cost of the project—

(A)

for reasonable costs incurred by the non-Federal interests as a result of participation in the planning, design, and construction of the project; and

(B)

for the fair-market value of lands utilized for project facilities and owned by eligible entities.

(c)

Operation and Maintenance

The non-Federal share of operation and maintenance costs of a project funded under this Act shall be 100 percent.

(d)

Federal Assistance for Environmental Improvement and Enhancement

(1)

Initial development

The Secretary shall make grants and other funds available to eligible entities for the initial development of environmental improvement and enhancement components of the North Bay Water Reuse Program.

(2)

Nonreimbursable

Grants provided under this Act shall be nonreimbursable and not subject to repayment.

Water rights

Nothing in this Act—

(1)

invalidates or preempts State water law or any interstate compact governing water;

(2)

alters the rights of any State to any appropriated share of the waters of any body of surface or groundwater, whether determined by past or future interstate compacts or final judicial allocations;

(3)

preempts or modifies any State or Federal law, or interstate compact, governing water quality or disposal; or

(4)

confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any groundwater resource.

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this Act $65,000,000, to remain available until expended.