---
kind: "range"
citation: "43 U.S.C. §§ 390h–390h–39"
title: "43"
from: "390h"
to: "390h–39"
count: 55
release: "119-102"
url: "https://uscodex.org/usc/43/390h..390h-39"
---

# §390h. Program to investigate reclamation and reuse of wastewater and groundwater; general authority

- (a) **Program established—** The [Secretary](/usc/43/31b.md?p=7) of the Interior (hereafter “[Secretary](/usc/43/31b.md?p=7)”), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto (hereafter “Federal reclamation laws”), is directed to undertake a [program](/usc/43/2401.md?p=7) to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater, and to conduct research, including desalting, for the reclamation of wastewater and naturally impaired ground and surface waters.
- (b) **States included—** Such [program](/usc/43/2401.md?p=7) shall be limited to the [States](/usc/43/31b.md?p=8) and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) [[43 U.S.C. 391](/usc/43/391.md)] as amended, and the [State](/usc/43/31b.md?p=8) of Hawaii.
- (c) **Agreements and regulations—** The [Secretary](/usc/43/31b.md?p=7) is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title.
- (d) **San Luis Unit of Central Valley Project, California—** The [Secretary](/usc/43/31b.md?p=7) shall not investigate, promote or implement, pursuant to [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title, any project intended to reclaim and reuse agricultural wastewater generated in the service area of the San Luis Unit of the Central Valley Project, California, except those measures recommended for action by the San Joaquin Valley Drainage [Program](/usc/43/2401.md?p=7) in the report entitled A Management Plan for Agricultural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley (September 1990).
- (e) **Authorization of new water recycling and reuse projects—**
  - (1) **Submission to the Secretary—**
    - (A) **In general—** Non-Federal interests may submit proposals for projects eligible to be authorized pursuant to this section in the form of completed feasibility studies to the [Secretary](/usc/43/31b.md?p=7).
    - (B) **Eligible projects—** A project shall be considered eligible for consideration under this section if the project reclaims and reuses—
      - (i) municipal, industrial, domestic, or agricultural wastewater; or
      - (ii) impaired ground or surface waters.
    - (C) **Guidelines—** Within 60 days of the enactment of this Act the [Secretary](/usc/43/31b.md?p=7) shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies.
  - (2) **Review by the Secretary—** The [Secretary](/usc/43/31b.md?p=7) shall review each feasibility study received under [paragraph (1)(A)](#e-1-A) for the purpose of—
    - (A) determining whether the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and
    - (B) the project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws.
  - (3) **Submission to Congress—** Not later than 180 days after the date of receipt of a feasibility study received under [paragraph (1)(A)](#e-1-A), the [Secretary](/usc/43/31b.md?p=7) shall submit to the [Committee](/usc/43/2801.md?p=2) on Energy and Natural Resources of the Senate and the [Committee](/usc/43/2801.md?p=2) on Natural Resources of the House of Representatives a report that describes—
    - (A) the results of the [Secretary](/usc/43/31b.md?p=7)’s review of the study under [paragraph (2)](#e-2), including a determination of whether the project is feasible;
    - (B) any recommendations the [Secretary](/usc/43/31b.md?p=7) may have concerning the plan or design of the project; and
    - (C) any conditions the [Secretary](/usc/43/31b.md?p=7) may require for construction of the project.
  - (4) **Eligibility for funding—** The non-Federal project sponsor of any project determined by the [Secretary](/usc/43/31b.md?p=7) to be feasible under [paragraph (3)(A)](#e-3-A) shall be eligible to apply to the [Secretary](/usc/43/31b.md?p=7) for funding for the Federal share of the costs of planning, designing and constructing the project pursuant to [subsection (f)](#f).
- (f) **Competitive grant program for the funding of water recycling and reuse projects—**
  - (1) **Establishment—** The [Secretary](/usc/43/31b.md?p=7) shall establish a competitive grant [program](/usc/43/2401.md?p=7) under which the non-Federal project sponsor of any project determined by the [Secretary](/usc/43/31b.md?p=7) to be feasible under [subsection (e)(3)(A)](#e-3-A) shall be eligible to apply for funding for the planning, design, and construction of the project, subject to [subsection (g)(2)](#g-2).
  - (2) **Priority—** When funding projects under [paragraph (1)](#f-1), the [Secretary](/usc/43/31b.md?p=7) shall give funding priority to projects that meet one or more of the criteria listed in [paragraph (3)](#f-3) and are located in an area that—
    - (A) has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought at any time in the 4-year period before such [funds](/usc/43/1602.md?p=k) are made available; or
    - (B) was designated as a disaster area by a [State](/usc/43/31b.md?p=8) during the 4-year period before such [funds](/usc/43/1602.md?p=k) are made available.
  - (3) **Criteria—** The project criteria referred to in [paragraph (2)](#f-2) are the following:
    - (A) Projects that are likely to provide a more reliable water supply for [States](/usc/43/31b.md?p=8) and local governments.
    - (B) Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and [State](/usc/43/31b.md?p=8) agencies.
    - (C) Projects that are regional in nature.
    - (D) Projects with multiple stakeholders.
    - (E) Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.
- (g) **Authorization of appropriations—**
  - (1) There is authorized to be appropriated to the [Secretary](/usc/43/31b.md?p=7) of the Interior an additional $50,000,000 to remain available until expended.
  - (2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the [Secretary](/usc/43/31b.md?p=7) recommends specific projects for funding pursuant to [subsection (f)](#f) and transmits such recommendations to the appropriate [committees](/usc/43/2801.md?p=2) of Congress.

# §390h–1. Appraisal investigations

- (a) **Purposes; recommendations—** The [Secretary](/usc/43/31b.md?p=7) shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) and regulations issued to implement the provisions thereof, and shall include recommendations as to the preparation of a feasibility study of the potential reclamation and reuse measures.
- (b) **Matters to be considered—** Appraisal investigations undertaken by the [Secretary](/usc/43/31b.md?p=7) or the non-Federal project sponsor pursuant to [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title shall consider, among other things—
  - (1) all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation;
  - (2) the current status of water reclamation technology and opportunities for development of improved technologies;
  - (3) measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing;
  - (4) measures to coordinate and streamline local, [State](/usc/43/31b.md?p=8) and Federal permitting procedures required for the implementation of reclamation projects; and
  - (5) measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner.
- (c) **Consultation and cooperation—** The [Secretary](/usc/43/31b.md?p=7) shall consult and cooperate with appropriate [State](/usc/43/31b.md?p=8), regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title.
- (d) **Nonreimbursable costs—** Costs of such appraisal investigations shall be nonreimbursable.

# §390h–2. Feasibility studies

- (a) **General authority; Federal and non-Federal cost shares—** The [Secretary](/usc/43/31b.md?p=7) is authorized to participate with appropriate Federal, [State](/usc/43/31b.md?p=8), regional, and local authorities in studies to determine the feasibility of water reclamation and reuse projects recommended for such study pursuant to [section 390h–1 of this title](/usc/43/390h–1.md). The Federal share of the costs of such feasibility studies shall not exceed 50 per centum of the total, except that the [Secretary](/usc/43/31b.md?p=7) may increase the Federal share of the costs of such feasibility study if the [Secretary](/usc/43/31b.md?p=7) determines, based upon a demonstration of financial hardship on the part of the non-Federal participant, that the non-Federal participant is unable to contribute at least 50 per centum of the costs of such study. The [Secretary](/usc/43/31b.md?p=7) may accept as part of the non-Federal cost share the contribution of such in-kind services by the non-Federal participant that the [Secretary](/usc/43/31b.md?p=7) determines will contribute substantially toward the conduct and completion of the study.
- (b) **Federal share considered project costs; reimbursement—** The Federal share of feasibility studies, including those described in sections [390h–4](/usc/43/390h–4.md) and [390h–6 through 390h–8](/usc/43/390h–6..390h–8.md) of this title, shall be considered as project costs and shall be reimbursed in accordance with the Federal reclamation laws, if the project studied is implemented.
- (c) **Matters to be considered—** In addition to the requirements of other Federal laws, feasibility studies conducted by the [Secretary](/usc/43/31b.md?p=7) or the non-Federal project sponsor under [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title shall consider, among other things—
  - (1) near- and long-term water demand and supplies in the study area;
  - (2) all potential uses for reclaimed water;
  - (3) at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration;
  - (4) public health and environmental quality issues associated with use of reclaimed water;
  - (5) whether development of the water reclamation and reuse measures under study would—
    - (A) reduce, postpone, or eliminate development of new or expanded water supplies,
    - (B) reduce or eliminate the use of existing diversions from natural watercourses or withdrawals from aquifers, or
    - (C) reduce the demand on existing Federal water supply facilities;
  - (6) the market or dedicated use for reclaimed water in the project’s service area; and
  - (7) the financial capability of the non-Federal project sponsor to [fund](/usc/43/1602.md?p=k) its proportionate share of the project’s construction costs on an annual basis.

# §390h–3. Research and demonstration projects

- (a) **Reclamation of wastewater and ground and surface waters—** The [Secretary](/usc/43/31b.md?p=7) is authorized to conduct research and to construct, operate, and maintain cooperative demonstration projects for the development and demonstration of appropriate treatment technologies for the reclamation of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters. The Federal share of the costs of demonstration projects shall not exceed 50 per centum of the total cost including operation and maintenance. Rights to inventions developed pursuant to this section shall be governed by the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480) [[15 U.S.C. 3701](/usc/15/3701.md) et seq.] as amended by the Technology Transfer Act of 1986 (Public Law 99–502).
- (b) **Long Beach Desalination Research and Development Project—**
  - (1) The [Secretary](/usc/43/31b.md?p=7), in cooperation with the city of Long Beach, the Central Basin Municipal Water [District](/usc/43/316a.md?p=2), and the Metropolitan Water [District](/usc/43/316a.md?p=2) of [Southern California](/usc/43/390h–4.md?p=a) may participate in the design, planning, and construction of the Long Beach Desalination Research and Development Project in Los Angeles County, California.
  - (2) The Federal share of the cost of the project described in [paragraph (1)](#b-1) shall not exceed 50 percent of the total.
  - (3) The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of the project described in [paragraph (1)](#b-1).
- (c) **Las Vegas Area Shallow Aquifer Desalination Research and Development Project—**
  - (1) The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Southern Nevada Water Authority, may participate in the design, planning, and construction of the Las Vegas Area Shallow Aquifer Desalination Research and Development Project in Clark County, Nevada.
  - (2) The Federal share of the cost of the project described in [paragraph (1)](#c-1) shall not exceed 50 percent of the total.
  - (3) The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of the project described in [paragraph (1)](#c-1).
- (d) **Federal contribution—** A Federal contribution in excess of 25 percent for a project under this section may not be made until after the [Secretary](/usc/43/31b.md?p=7) determines that the project is not feasible without such Federal contribution.

# §390h–4. Southern California comprehensive water reclamation and reuse study

- (a) **General authority—** The [Secretary](/usc/43/31b.md?p=7) is authorized to conduct a study to assess the feasibility of a comprehensive water reclamation and reuse system for Southern California. For the purpose of [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title, the term “Southern California” means those portions of the counties of Imperial, Los Angeles, Orange, San Bernadino,[^1] Riverside, San Diego, and Ventura within the south coast and Colorado River hydrologic regions as defined by the California Department of Water Resources.
- (b) **Cooperation with State; Federal share—** The [Secretary](/usc/43/31b.md?p=7) shall conduct the study authorized by this section in cooperation with the [State](/usc/43/31b.md?p=8) of California and appropriate local and regional entities. The Federal share of the costs associated with this study shall not exceed 50 per centum of the total.
- (c) **Report—** The [Secretary](/usc/43/31b.md?p=7) shall submit the report authorized by this section to the [Committee](/usc/43/2801.md?p=2) on Energy and Natural Resources of the Senate and the [Committee](/usc/43/2801.md?p=2) on Natural Resources of the House of Representatives not later than six years after appropriation of [funds](/usc/43/1602.md?p=k) authorized by [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title.

# §390h–5. San Jose area water reclamation and reuse program

- (a) The [Secretary](/usc/43/31b.md?p=7), in cooperation with the city of San Jose, California, and the Santa Clara Valley Water [District](/usc/43/316a.md?p=2), and local water suppliers, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Jose metropolitan service area.
- (b) The Federal share of the costs of the facilities authorized by [subsection (a)](#a) shall not exceed 25 per centum of the total. The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of the project.

# §390h–6. Phoenix metropolitan water reclamation study and program

- (a) **General authority—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the city of Phoenix, Arizona, shall participate in the planning, design, and construction of the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricultural and environmental purposes, groundwater recharge and indirect potable reuse in the Phoenix metropolitan area.
- (b) **Federal share—** The Federal share of the costs associated with the project described in [subsection (a)](#a) shall not exceed 25 per centum of the total. The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for operation or maintenance of the project.

# §390h–7. Tucson area water reclamation study

- (a) **General authority—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the [State](/usc/43/31b.md?p=8) of Arizona and appropriate local and regional entities, shall conduct a feasibility study of comprehensive water reclamation and reuse system for Southern Arizona. For the purpose of this section, the term “Southern Arizona” means those portions of the counties of Pima, Santa Cruz, and Pinal within the Tucson Active Management Hydrologic Area as defined by the Arizona Department of Water Resources.
- (b) **Federal share—** The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.
- (c) **Report—** The [Secretary](/usc/43/31b.md?p=7) shall submit the report authorized by this section to the [Committee](/usc/43/2801.md?p=2) on Energy and Natural Resources of the Senate and the [Committee](/usc/43/2801.md?p=2) on Natural Resources of the House of Representatives not later than four years after appropriation of [funds](/usc/43/1602.md?p=k) authorized by [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title.

# §390h–8. Lake Cheraw water reclamation and reuse study

- (a) **General authority—** The [Secretary](/usc/43/31b.md?p=7) is authorized, in cooperation with the [State](/usc/43/31b.md?p=8) of Colorado and appropriate local and regional entities, to conduct a study to assess and develop means of reclaiming the waters of Lake Cheraw, Colorado, or otherwise ameliorating, controlling and mitigating potential negative impacts of pollution in the waters of Lake Cheraw on groundwater resources or the waters of the Arkansas River.
- (b) **Federal share—** The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.
- (c) **Report—** The [Secretary](/usc/43/31b.md?p=7) shall submit the report authorized by this section to the [Committee](/usc/43/2801.md?p=2) on Energy and Natural Resources of the Senate and the [Committee](/usc/43/2801.md?p=2) on Natural Resources of the House of Representatives not later than two years after appropriation of [funds](/usc/43/1602.md?p=k) authorized by [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title.

# §390h–9. San Francisco area water reclamation study

- (a) **General authority—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the city and county of San Francisco, shall conduct a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco area for the purposes of export and reuse elsewhere in California.
- (b) **Federal share—** The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.
- (c) **Report—** The [Secretary](/usc/43/31b.md?p=7) shall submit the report authorized by this section to the [Committee](/usc/43/2801.md?p=2) on Energy and Natural Resources of the Senate and the [Committee](/usc/43/2801.md?p=2) on Natural Resources of the House of Representatives not later than five years after appropriation of [funds](/usc/43/1602.md?p=k) authorized by [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title.

# §390h–10. San Diego area water reclamation program

- (a) The [Secretary](/usc/43/31b.md?p=7), in cooperation with the city of San Diego, California[^1] or its successor agency in the management of the San Diego Area Wastewater Management [District](/usc/43/316a.md?p=2), shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Diego metropolitan service area.
- (b) The Federal share of the costs of the facilities authorized by [subsection (a)](#a) shall not exceed 25 per centum of the total. The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of the project.

# §390h–11. Los Angeles area water reclamation and reuse project

- (a) The [Secretary](/usc/43/31b.md?p=7) is authorized to participate with the city and county of Los Angeles, [State](/usc/43/31b.md?p=8) of California, West Basin Municipal Water [District](/usc/43/316a.md?p=2), and other appropriate authorities, in the design, planning, and construction of water reclamation and reuse projects to treat approximately one hundred and twenty thousand acre-feet per year of effluent from the city and county of Los Angeles, in order to provide new water supplies for industrial, environmental, and other beneficial purposes, to reduce the demand for imported water, and to reduce sewage effluent discharged into Santa Monica Bay.
- (b) The [Secretary](/usc/43/31b.md?p=7)’s share of costs associated with the project described in [subsection (a)](#a) shall not exceed 25 per centum of the total. The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for operation or maintenance of the project.

# §390h–12. San Gabriel basin demonstration project

- (a) The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Metropolitan Water [District](/usc/43/316a.md?p=2) of [Southern California](/usc/43/390h–4.md?p=a) and the Main San Gabriel Water Quality Authority or a successor public agency, is authorized to participate in the design, planning and construction of a conjunctive-use facility designed to improve the water quality in the San Gabriel groundwater basin and allow the utilization of the basin as a water storage facility; Provided, That this authority shall not be construed to limit the authority of the United States under any other Federal statute to pursue remedial actions or recovery of costs for work performed pursuant to this subsection.
- (b) The [Secretary](/usc/43/31b.md?p=7)’s share of costs associated with the project described in [subsection (a)](#a) shall not exceed 25 per centum of the total. The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of the project.

# §390h–12a. North San Diego County Area Water Recycling Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the North San Diego County Area Water Recycling Project, consisting of projects to reclaim and reuse water within service areas of the San Elijo Joint Powers Authority, the Leucadia County Water [District](/usc/43/316a.md?p=2), the City of Carlsbad, and the Olivenhain Municipal Water [District](/usc/43/316a.md?p=2), California.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12b. Calleguas Municipal Water District Recycling Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the Calleguas Municipal Water [District](/usc/43/316a.md?p=2) Recycling Project to reclaim and reuse water in the service area of the Calleguas Municipal Water [District](/usc/43/316a.md?p=2) in Ventura County, California.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12c. Central Valley Water Recycling Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the Central Valley Water Recycling Project to reclaim and reuse water in the service areas of the Central Valley Reclamation Facility and the Salt Lake County Water Conservancy [District](/usc/43/316a.md?p=2) in Utah.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12d. St. George Area Water Recycling Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the St. George Area Water Recycling Project to reclaim and reuse water in the service area of the Washington County Water Conservancy [District](/usc/43/316a.md?p=2) in Utah.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12e. Watsonville Area Water Recycling Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the City of Watsonville, California, is authorized to participate in the design, planning, and construction of the Watsonville Area Water Recycling Project to reclaim and reuse water in the Pajaro Valley in Santa Cruz County, California.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12f. Southern Nevada Water Recycling Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the Southern Nevada Water Recycling Project to reclaim and reuse water in the service area of the Southern Nevada Water Authority in Clark County, Nevada.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12g. Albuquerque Metropolitan Area Water Reclamation and Reuse Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the city of Albuquerque, New Mexico, is authorized to participate in the planning, design, and construction of the Albuquerque Metropolitan Area Water Reclamation and Reuse Project to reclaim and reuse industrial and municipal wastewater and reclaim and use naturally impaired ground water and nonpotable surface water in the Albuquerque metropolitan area.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12h. El Paso Water Reclamation and Reuse Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation and Reuse Project to reclaim and reuse wastewater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12i. Reclaimed water in Pasadena

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the City of Pasadena, California, reclaimed water project to obtain, store, and use reclaimed water in Pasadena and its service area, as well as neighboring communities.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12j. Orange County Regional Water Reclamation Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the Orange County Regional Water Reclamation Project, to reclaim and reuse water within the service area of the Orange County Water [District](/usc/43/316a.md?p=2) in California.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12k. City of West Jordan Water Reuse Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the City of West Jordan, Utah, is authorized to participate in the design, planning, and construction of the City of West Jordan Water Reuse Project to recycle and reuse water in its service area from the South Valley Water Reclamation Facility Discharge Waters in Utah.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12l. Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the Hi-Desert Water [District](/usc/43/316a.md?p=2) in Yucca Valley, California wastewater collection and reuse facility.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12m. Mission Basin Brackish Groundwater Desalting Demonstration Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the City of Oceanside, is authorized to participate in the design, planning, and construction of a 3,000,000 gallon per day expansion of the Mission Basin Brackish Groundwater Desalting Demonstration Project in Oceanside, California.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12n. Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Water Replenishment [District](/usc/43/316a.md?p=2) of [Southern California](/usc/43/390h–4.md?p=a), the Orange County Water [District](/usc/43/316a.md?p=2) in the [State](/usc/43/31b.md?p=8) of California, and other appropriate authorities, is authorized to participate in the design, planning, and construction of water reclamation and reuse projects to treat approximately 10,000 acre-feet per year of effluent from the sanitation [districts](/usc/43/316a.md?p=2) of Los Angeles County through the city of Long Beach.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12o. San Joaquin Area Water Recycling and Reuse Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the appropriate [State](/usc/43/31b.md?p=8) and local authorities, is authorized to participate in the design, planning, and construction of the San Joaquin Area Water Recycling and Reuse Project, in cooperation with the City of Tracy, and consisting of participating projects which will reclaim and reuse water within the County of San Joaquin in California.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–12p. Tooele Wastewater Treatment and Reuse Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with Tooele City, Utah, is authorized to participate in the design, planning, and construction of the Tooele Wastewater Treatment and Reuse Project.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project described in [subsection (a)](#a).

# §390h–13. Authorization of appropriations

- (a) **In general—** There are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of [sections 390h through 390h–12p](/usc/43/390h..390h–12p.md) of this title.
- (b) **Prerequisite cost-sharing agreement—**
  - (1) [Funds](/usc/43/1602.md?p=k) may not be appropriated for the construction of any project authorized by [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title until after—
    - (A) an appraisal investigation and a feasibility study that complies with the provisions of sections [390h–1(b)](/usc/43/390h–1.md?p=b) or [390h–2(c)](/usc/43/390h–2.md?p=c) of this title, as the case may be, have been completed by the [Secretary](/usc/43/31b.md?p=7) or the non-Federal project sponsor;
    - (B) the [Secretary](/usc/43/31b.md?p=7) has determined that the non-Federal project sponsor is financially capable of funding the non-Federal share of the project’s costs; and
    - (C) the [Secretary](/usc/43/31b.md?p=7) has approved a cost-sharing agreement with the non-Federal project sponsor which commits the non-Federal project sponsor to funding its proportionate share of the project’s construction costs on an annual basis.
  - (2) The requirements of [paragraph (1)](#b-1) shall not apply to those projects authorized by [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title for which [funds](/usc/43/1602.md?p=k) were appropriated prior to January 1, 1996.
- (c) **Congressional notification—** The [Secretary](/usc/43/31b.md?p=7) shall notify the [Committees](/usc/43/2801.md?p=2) on Resources and Appropriations of the House of Representatives and the [Committees](/usc/43/2801.md?p=2) on Energy and Natural Resources and Appropriations of the Senate within 30 days after the signing of a cost-sharing agreement pursuant to [subsection (b)](#b) that such an agreement has been signed and that the [Secretary](/usc/43/31b.md?p=7) has determined that the non-Federal project sponsor is financially capable of funding the project’s non-Federal share of the project’s costs.
- (d) **Ceiling on Federal share—**
  - (1) Notwithstanding any other provision of [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title and except as provided by [paragraph (2)](#d-2), the Federal share of the costs of each of the individual projects authorized by [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title shall not exceed $20,000,000 (October 1996 prices).
  - (2)
    - (A) Subject to [subparagraph (B)](#d-2-B), in the case of any project authorized by [sections 390h to 390h–39](/usc/43/390h..390h–39.md) of this title for which construction [funds](/usc/43/1602.md?p=k) were appropriated before January 1, 1996, the Federal share of the cost of such project may not exceed the amount specified as the “total Federal obligation” for that project in the budget justification made by the Bureau of Reclamation for fiscal year 1997, as contained in part 3 of the report of the hearing held on March 27, 1996, before the Subcommittee on Energy and Water Development of the [Committee](/usc/43/2801.md?p=2) on Appropriations of the House of Representatives.
    - (B) In the case of the San Gabriel Basin demonstration project authorized by [section 390h–12 of this title](/usc/43/390h–12.md), the Federal share of the cost of such project may not exceed the sum determined by adding—
      - (i) the amount that applies to that project under [subparagraph (A)](#d-2-A); and
      - (ii) $6,500,000.

# §390h–14. Groundwater study

- (a) **Investigation, analysis, and report—** In furtherance of the High Plains Groundwater Demonstration Program Act of 1983 (98 Stat. 1675) [[43 U.S.C. 390g](/usc/43/390g.md) et seq.], the [Secretary](/usc/43/31b.md?p=7) of the Interior, acting through the Bureau of Reclamation and the Geological [Survey](/usc/43/31b.md?p=10), shall conduct an investigation and analysis of the impacts of existing Bureau of Reclamation projects on the quality and quantity of groundwater resources. Based on such investigation and analysis, the [Secretary](/usc/43/31b.md?p=7) shall prepare a reclamation groundwater management and technical assistance report which shall include—
  - (1) a description of the findings of the investigation and analysis, including the methodology employed;
  - (2) a description of methods for optimizing Bureau of Reclamation project operations to ameliorate adverse impacts on groundwater,[^1] and
  - (3) the [Secretary](/usc/43/31b.md?p=7)’s recommendations, along with the recommendations of the Governors of the affected [States](/usc/43/31b.md?p=8), concerning the establishment of a groundwater management and technical assistance [program](/usc/43/2401.md?p=7) in the Department of the Interior in order to assist Federal and non-Federal entity development and implementation of groundwater management plans and activities.
- (b) **Consultation with Governors—** In conducting the investigation and analysis, and in preparation of the report referred to in this section, the [Secretary](/usc/43/31b.md?p=7) shall consult with the Governors of the affected [States](/usc/43/31b.md?p=8).
- (c) **Report—** The report shall be submitted to the [Committees](/usc/43/2801.md?p=2) on Appropriations and Natural Resources of the House of Representatives and the [Committees](/usc/43/2801.md?p=2) on Appropriations and Energy and Natural Resources of the Senate within three years of the appropriation of [funds](/usc/43/1602.md?p=k) authorized by [section 390h–15 of this title](/usc/43/390h–15.md).

# §390h–15. Authorization of appropriations


There is authorized to be appropriated for fiscal years beginning after September 30, 1992, $4,000,000 to carry out the study authorized by [section 390h–14 of this title](/usc/43/390h–14.md).


# §390h–16. Willow Lake Natural Treatment System Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the city of Salem, Oregon, is authorized to participate in the design, planning, and construction of the Willow Lake Natural Treatment System Project to reclaim and reuse wastewater within and without the service area of the city of Salem.
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.

# §390h–17. Lakehaven, Washington, Water Reclamation and Reuse Project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Lakehaven Utility [District](/usc/43/316a.md?p=2), Washington, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the Lakehaven Utility [District](/usc/43/316a.md?p=2).
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.

# [§390h–17a. Transferred — transferred]



# §390h–18. Irvine basin groundwater and surface water improvement projects

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Irvine Ranch Water [District](/usc/43/316a.md?p=2), California, is authorized to participate in the design, planning, and construction of projects to naturally treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the San Diego Creek Watershed.
- (b) **Cost share—** The Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation or maintenance of a project authorized by this section.

# §390h–19. Williamson County, Texas, water recycling and reuse project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Lower Colorado River Authority, Texas, is authorized to participate in the design, planning, and construction of permanent facilities to reclaim and reuse water in Williamson County, Texas.
- (b) **Cost share—** The Federal share of the costs of the project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project described in [subsection (a)](#a).

# §390h–20. Hawaii reclamation projects

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7) may—
  - (1) in cooperation with the Board of Water Supply, City and County of Honolulu, Hawaii, participate in the design, planning, and construction of a project in Kalaeloa, Hawaii, to desalinate and distribute seawater for direct potable use within the service area of the Board;
  - (2) in cooperation with the County of Hawaii Department of Environmental Management, Hawaii, participate in the design, planning, and construction of facilities in Kealakehe, Hawaii, for the treatment and distribution of recycled water and for environmental purposes within the County; and
  - (3) in cooperation with the County of Maui Wastewater Reclamation Division, Hawaii, participate in the design, planning, and construction of, and acquire land for, facilities in Lahaina, Hawaii, for the distribution of recycled water from the Lahaina Wastewater Reclamation Facility for non-potable uses within the County.
- (b) **Cost share—** The Federal share of the cost of a project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** [Funds](/usc/43/1602.md?p=k) provided by the [Secretary](/usc/43/31b.md?p=7) shall not be used for the operation and maintenance of a project described in [subsection (a)](#a).
- (d) **Authorization of appropriations—** There are authorized to be appropriated such sums as are necessary to carry out this section.

# §390h–21. Inland Empire regional water recycling project

- (a) **In general—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under [section 390h–4(c) of this title](/usc/43/390h–4.md?p=c).
- (b) **Cost sharing—** The Federal share of the cost of the project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** [Funds](/usc/43/1602.md?p=k) provided by the [Secretary](/usc/43/31b.md?p=7) shall not be used for operation and maintenance of the project described in [subsection (a)](#a).
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section, $20,000,000.

# [§390h–22. Omitted — omitted]



# §390h–23. Southern California desert region integrated water and economic sustainability plan

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Mojave Water Agency is authorized to participate in the design, planning, and construction of projects to implement the “Mojave Water Agency’s Integrated Regional Water Management Plan”.
- (b) **Cost share—** The Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost.
- (c) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section, $20,000,000.

# [§390h–24. Omitted — omitted]



# §390h–25. Mountain View, Moffett Area reclaimed water pipeline project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the City of Palo Alto, California, and the City of Mountain View, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems.
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $5,000,000.

# §390h–26. Pittsburg recycled water project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation [District](/usc/43/316a.md?p=2), is authorized to participate in the design, planning, and construction of recycled water system facilities.
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $1,750,000.

# §390h–27. Antioch recycled water project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation [District](/usc/43/316a.md?p=2), is authorized to participate in the design, planning, and construction of recycled water system facilities.
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $2,250,000.

# §390h–28. North Coast County Water District recycled water project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the North Coast County Water [District](/usc/43/316a.md?p=2), is authorized to participate in the design, planning, and construction of recycled water system facilities.
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $2,500,000.

# §390h–29. Redwood City recycled water project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities.
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $1,100,000.

# §390h–30. South Santa Clara County recycled water project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the South County Regional Wastewater Authority and the Santa Clara Valley Water [District](/usc/43/316a.md?p=2), is authorized to participate in the design, planning, and construction of recycled water system distribution facilities.
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $7,000,000.

# §390h–31. South Bay advanced recycled water treatment facility

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the City of San Jose, California, and the Santa Clara Valley Water [District](/usc/43/316a.md?p=2), is authorized to participate in the design, planning, and construction of recycled water treatment facilities.
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $8,250,000.

# §390h–32. Rancho California Water District project, California

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Rancho California Water [District](/usc/43/316a.md?p=2), California, may participate in the design, planning, and construction of permanent facilities for water recycling, demineralization, and desalination, and distribution of non-potable water supplies in Southern Riverside County, California.
- (b) **Cost sharing—** The Federal share of the cost of the project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost of the project or $20,000,000, whichever is less.
- (c) **Limitation—** [Funds](/usc/43/1602.md?p=k) provided by the [Secretary](/usc/43/31b.md?p=7) under this section shall not be used for operation or maintenance of the project described in [subsection (a)](#a).

# §390h–33. Elsinore Valley Municipal Water District projects, California

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Elsinore Valley Municipal Water [District](/usc/43/316a.md?p=2), California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and provide recycled water in the Elsinore Valley Municipal Water [District](/usc/43/316a.md?p=2), California.
- (b) **Cost sharing—** The Federal share of the cost of each project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** [Funds](/usc/43/1602.md?p=k) provided by the [Secretary](/usc/43/31b.md?p=7) under this section shall not be used for operation or maintenance of the projects described in [subsection (a)](#a).
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $12,500,000.

# §390h–34. North Bay Water Reuse Program

- (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](#a-3) 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](/usc/43/31b.md?p=7) and an [eligible entity](#a-1) 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](/usc/43/31b.md?p=7), acting through a cooperative agreement with the [State](#a-3) or a subdivision of the [State](#a-3), is authorized to enter into cooperative agreements with [eligible entities](#a-1) 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](/usc/43/31b.md?p=7) and the [eligible entity](#a-1) 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](#a-3).
  - (3) **Phased project—** A cooperative agreement described in [paragraph (1)](#b-1) shall require that the North Bay Water Reuse [Program](/usc/43/2401.md?p=7) carried out under this section shall consist of 2 phases as follows:
    - (A) **First phase—** During the first phase, the [Secretary](/usc/43/31b.md?p=7) and an [eligible entity](#a-1) shall complete the planning, design, and construction of the main treatment and main conveyance systems.
    - (B) **Second phase—** During the second phase, the [Secretary](/usc/43/31b.md?p=7) and an [eligible entity](#a-1) 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](/usc/43/31b.md?p=7) determines would contribute substantially toward the completion of the [water reclamation and reuse project](#a-2), including—
      - (i) reasonable costs incurred by the [eligible entity](#a-1) relating to the planning, design, and construction of the [water reclamation and reuse project](#a-2); 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](#a-2) facilities; and
        - (II) owned by an [eligible entity](#a-1) and directly related to the project.
    - (C) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.
  - (5) **Effect—** Nothing in this section—
    - (A) affects or preempts—
      - (i) [State](#a-3) 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.

# [§§390h–35 to 390h–37. Omitted — omitted]



# §390h–38. Yucaipa Valley regional water supply renewal project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the Yucaipa Valley Water [District](/usc/43/316a.md?p=2), may participate in the design, planning, and construction of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed as described in the report submitted under [section 390h–4 of this title](/usc/43/390h–4.md).
- (b) **Cost sharing—** The Federal share of the cost of the project described in [subsection (a)](#a) shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** [Funds](/usc/43/1602.md?p=k) provided by the [Secretary](/usc/43/31b.md?p=7) shall not be used for operation or maintenance of the project described in [subsection (a)](#a).
- (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $20,000,000.

# §390h–39. City of Corona Water Utility, California, water recycling and reuse project

- (a) **Authorization—** The [Secretary](/usc/43/31b.md?p=7), in cooperation with the City of Corona Water Utility, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Corona Water Utility, California.
- (b) **Cost share—** The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
- (c) **Limitation—** The [Secretary](/usc/43/31b.md?p=7) shall not provide [funds](/usc/43/1602.md?p=k) for the operation and maintenance of the project authorized by this section.