43 U.S.C. § 390h–34 — North Bay Water Reuse Program

(a) Definitions: (1) "Eligible entity" means a member agency of the North Bay Water Reuse Authority located in the North San Pablo Bay watershed, in Marin, Napa, Solano, or Sonoma County. (2) "Water reclamation and reuse project" means a project the Secretary and an eligible entity carry out in the watershed relating to water quality improvement, wastewater treatment, water reclamation and reuse, groundwater recharge and protection, surface water augmentation, or other related improvements. (3) "State" means California.
(b) North Bay Water Reuse Program: (1) In general: If the Secretary finds a project feasible, the Secretary — acting through a cooperative agreement with California or one of its subdivisions — may sign cooperative agreements with eligible entities to plan, design, and build water reclamation and reuse facilities and recycled water conveyance and distribution systems. (2) Coordination with other federal agencies: The Secretary and the eligible entity must, as much as practical, use design work and environmental evaluations already started by non-federal entities and by the Army Corps of Engineers in the watershed. (3) Phased project: A cooperative agreement must require the program to have two phases: (A) First phase — the Secretary and an eligible entity complete planning, design, and construction of the main treatment and main conveyance systems. (B) Second phase — the Secretary and an eligible entity complete planning, design, and construction of the sub-regional distribution systems. (4) Cost sharing: (A) Federal share — the federal share of the first phase's cost cannot exceed 25 percent of the total. (B) Form of non-federal share — the non-federal share may be in-kind services the Secretary decides would substantially help finish the project, including reasonable costs the eligible entity spent on planning, design, and construction, and the cost of land the entity acquired and owns that is used for and directly tied to the project. (C) Limitation — the Secretary may not fund the project's operation and maintenance. (5) Effect: Nothing in this section (A) affects or overrides state water law or an interstate water-allocation compact, or (B) gives any non-federal entity a federal right to a stream's water or any groundwater resource. (6) Authorization of appropriations: Congress may appropriate $25,000,000 for the federal share of the first phase's total cost, available until spent.