H.R. 6068 – Reading Mode

109th CONGRESS

2d Session

H. R. 6068

IN THE HOUSE OF REPRESENTATIVES

September 13, 2006

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

A BILL

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

Short title

This Act may be cited as the North Bay Water Reuse Program Act of 2006.

Definitions

In this Act:

(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)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

State

The term State means the State of California.

(4)

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.

North bay water reuse program

(a)

In general

The Secretary, acting through a cooperative agreement with the State or a subdivision of a State, may offer to enter into cooperative agreements with eligible entities for the planning, design, and construction of water reclamation and reuse projects.

(b)

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—

(1)

non-Federal entities; and

(2)

the Corps of Engineers in the San Pablo Bay Watershed of the State.

(c)

Cooperative agreement

(1)

Requirements

A cooperative agreement entered into under paragraph (1) shall, at a minimum, specify the responsibilities of the Secretary and the eligible entity with respect to—

(A)

ensuring that the cost-share requirements established by subsection (e) are met;

(B)

completing—

(i)

a needs assessment for the water reclamation and reuse project; and

(ii)

the planning and final design of the water reclamation and reuse project;

(C)

any environmental compliance activity required for the water reclamation and reuse project;

(D)

the construction of facilities for the water reclamation and reuse project; and

(E)

administrating any contract relating to the construction of the water reclamation and reuse project.

(2)

Phased project

(A)

In general

A cooperative agreement described in paragraph (1) shall require that any water reclamation and reuse project carried out under this section shall consist of 2 phases.

(B)

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 system of the water reclamation and reuse project.

(C)

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 of the water reclamation and reuse project.

(d)

Financial assistance

(1)

In general

The Secretary may provide financial and technical assistance to an eligible entity to assist in planning, designing, conducting related preconstruction activities for, and constructing a water reclamation and reuse project.

(2)

Use

Any financial assistance provided under paragraph (1) shall be obligated and expended only in accordance with a cooperative agreement entered into under this section.

(e)

Cost-sharing requirement

(1)

Federal share

The Federal share of the total cost of any activity or construction carried out using amounts made available under this section shall be not more than 25 percent of the total cost of a water reclamation and reuse project.

(2)

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—

(A)

reasonable costs incurred by the eligible entity relating to the planning, design, and construction of the water reclamation and reuse project; and

(B)

the fair-market value of land that is—

(i)

used for planning, design, and construction of the water reclamation and reuse project facilities; and

(ii)

owned by an eligible entity.

(f)

Operation, maintenance, and replacement costs

(1)

In General

The eligible entity shall be responsible for the annual operation, maintenance, and replacement costs associated with the water reclamation and reuse project.

(2)

Operation, maintenance, and replacement plan

The eligible entity, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan for the water reclamation and reuse project.

(g)

Effect

Nothing in this Act—

(1)

affects or preempts—

(A)

State water law; or

(B)

an interstate compact relating to the allocation of water; or

(2)

confers on any non-Federal entity the ability to exercise any Federal right to—

(A)

the water of a stream; or

(B)

any groundwater resource.

(h)

Authorization of appropriations

There is authorized to be appropriated for the Federal share of the total cost of the first phase of water reclamation and reuse projects carried out under this Act, an amount not to exceed 25 percent of the total cost of those reclamation and reuse projects or $25,000,000, whichever is less, to remain available until expended.