II
Calendar No. 1010
110th CONGRESS
2d Session
H. R. 236
IN THE SENATE OF THE UNITED STATES
December 6, 2007
Received; read twice and referred to the Committee on Energy and Natural Resources
September 16, 2008
Reported by Mr. Bingaman, without amendment
AN ACT
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
2007
.
Project authorization
In general
The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following:
North Bay water reuse program
Definitions
In this section:
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—
Marin County;
Napa County;
Solano County; or
Sonoma County.
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—
water quality improvement;
wastewater treatment;
water reclamation and reuse;
groundwater recharge and protection;
surface water augmentation; or
other related improvements.
State
The
term State
means the State of California.
North bay water reuse program
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.
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—
non-Federal entities; and
the Corps of Engineers in the San Pablo Bay Watershed of the State.
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:
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.
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.
Cost sharing
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.
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—
reasonable costs incurred by the eligible entity relating to the planning, design, and construction of the water reclamation and reuse project; and
the acquisition costs of land acquired for the project that is—
used for planning, design, and construction of the water reclamation and reuse project facilities; and
owned by an eligible entity and directly related to the project.
Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
Effect
Nothing in this section—
affects or preempts—
State water law; or
an interstate compact relating to the allocation of water; or
confers on any non-Federal entity the ability to exercise any Federal right to—
the water of a stream; or
any groundwater resource.
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.
.
Conforming amendment
The table of sections in section 2 of Public Law 102–575 is amended by inserting after the last item relating to title XVI the following:
Sec. 16__. North Bay water reuse program.”.
September 16, 2008
Reported without amendment