Program established— The Secretary of the Interior (hereafter “Secretary”), 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 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.
States included— Such program shall be limited to the States 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] as amended, and the State of Hawaii.
Agreements and regulations— The Secretary 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 of this title.
San Luis Unit of Central Valley Project, California— The Secretary shall not investigate, promote or implement, pursuant to sections 390h to 390h–39 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 in the report entitled A Management Plan for Agricultural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley (September 1990).
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.
Guidelines— Within 60 days of the enactment of this Act the Secretary shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies.
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
Submission to Congress— Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
Eligibility for funding— The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Federal share of the costs of planning, designing and constructing the project pursuant to subsection (f).
Establishment— The Secretary shall establish a competitive grant program under which the non-Federal project sponsor of any project determined by the Secretary to be feasible under subsection (e)(3)(A) shall be eligible to apply for funding for the planning, design, and construction of the project, subject to subsection (g)(2).
Priority— When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph (3) and are located in an area that—
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 are made available; or
Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies.
Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.
Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to subsection (f) and transmits such recommendations to the appropriate committees of Congress.
(Pub. L. 102–575, title XVI, § 1602, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 106–566, title I, § 104(a), Dec. 23, 2000, 114 Stat. 2819; Pub. L. 114–322, title III, § 4009(c), Dec. 16, 2016, 130 Stat. 1868.)
Editorial Notes
References in Text
The Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388), referred to in subsec. (a), is act June 17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Hereafter, referred to in subsec. (a), means hereafter in title XVI of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4663, which enacted sections 390h to 390h–39 of this title.
The enactment of this Act, referred to in subsec. (e)(1)(C), probably means the date of enactment of Pub. L. 114–322, which added subsec. (e) and was approved Dec. 16, 2016.
Amendments
2016—Subsecs. (e) to (g). Pub. L. 114–322 added subsecs. (e) to (g).
2000—Subsec. (b). Pub. L. 106–566 inserted “, and the State of Hawaii” before period at end.
Statutory Notes and Related Subsidiaries
Short Title of 2005 Amendment
Pub. L. 109–70, § 1, Sept. 21, 2005, 119 Stat. 2009, provided that: “This Act [enacting section 390h–20 of this title and transferring section 390h–17a of this title to section 390h–19 of this title] may be cited as the ‘Hawaii Water Resources Act of 2005’.”
Short Title of 2004 Amendments
Pub. L. 108–316, § 1(a), Oct. 5, 2004, 118 Stat. 1202, provided that: “This section [enacting section 390h–17a of this title] may be cited as the ‘Williamson County Water Recycling Act of 2004’.”
Pub. L. 108–233, § 1, May 28, 2004, 118 Stat. 654, provided that: “This Act [enacting section 390h–18 of this title] may be cited as the ‘Irvine Basin Surface and Groundwater Improvement Act of 2004’.”
Short Title of 2000 Amendment
Pub. L. 106–566, title I, § 101, Dec. 23, 2000, 114 Stat. 2818, provided that: “This title [amending this section] may be cited as the ‘Hawaii Water Resources Act of 2000’.”
Short Title of 1998 Amendment
Pub. L. 105–321, § 1(a), Oct. 30, 1998, 112 Stat. 3020, provided that: “This Act [enacting sections 390h–16 and 2607 of this title, amending section 564w–1 of Title 25, Indians, and enacting and amending provisions listed in a table of National Wildlife Refuges set out under section 668dd of Title 16, Conservation] may be cited as the ‘Oregon Public Lands Transfer and Protection Act of 1998’.”
Short Title of 1996 Amendment
Pub. L. 104–266, § 1, Oct. 9, 1996, 110 Stat. 3290, provided that: “This Act [enacting sections 390h–12a to 390h–12p of this title and amending sections 390h–1 to 390h–3, 390h–9, and 390h–13 to 390h–15 of this title] may be cited as the ‘Reclamation Recycling and Water Conservation Act of 1996’.”
Short Title
Pub. L. 102–575, title XVI, § 1601, Oct. 30, 1992, 106 Stat. 4663, provided that: “This title [enacting sections 390h to 390h–15 of this title] may be referred to as the ‘Reclamation Wastewater and Groundwater Study and Facilities Act’.”
Purposes; recommendations— The Secretary 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 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.
Matters to be considered— Appraisal investigations undertaken by the Secretary or the non-Federal project sponsor pursuant to sections 390h to 390h–39 of this title shall consider, among other things—
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;
Consultation and cooperation— The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to sections 390h to 390h–39 of this title.
Nonreimbursable costs— Costs of such appraisal investigations shall be nonreimbursable.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1603, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 104–266, § 3, Oct. 9, 1996, 110 Stat. 3295.)
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
1996—Subsec. (b). Pub. L. 104–266 inserted “by the Secretary or the non-Federal project sponsor” after “undertaken” in introductory provisions.
General authority; Federal and non-Federal cost shares— The Secretary is authorized to participate with appropriate Federal, State, 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. The Federal share of the costs of such feasibility studies shall not exceed 50 per centum of the total, except that the Secretary may increase the Federal share of the costs of such feasibility study if the Secretary 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 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 determines will contribute substantially toward the conduct and completion of the study.
Federal share considered project costs; reimbursement— The Federal share of feasibility studies, including those described in sections 390h–4 and 390h–6 through 390h–8 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.
Matters to be considered— In addition to the requirements of other Federal laws, feasibility studies conducted by the Secretary or the non-Federal project sponsor under sections 390h to 390h–39 of this title shall consider, among other things—
the financial capability of the non-Federal project sponsor to fund its proportionate share of the project’s construction costs on an annual basis.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1604, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 104–266, § 4, Oct. 9, 1996, 110 Stat. 3295.)
Editorial Notes
References in Text
The Federal reclamation laws, referred to in subsec. (b), are defined in section 390h(a) of this title.
Amendments
1996—Subsec. (c). Pub. L. 104–266, § 4(1), substituted “conducted by the Secretary or the non-Federal project sponsor” for “authorized” in introductory provisions.
Subsec. (c)(3). Pub. L. 104–266, § 4(2), substituted “at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration” for “measures and technologies available for water reclamation, distribution, and reuse”.
Subsec. (c)(5)(C). Pub. L. 104–266, § 4(4), added subpar. (C).
Subsec. (c)(6), (7). Pub. L. 104–266, § 4(3), (5), added pars. (6) and (7).
Reclamation of wastewater and ground and surface waters— The Secretary 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 et seq.] as amended by the Technology Transfer Act of 1986 (Public Law 99–502).
The Secretary, in cooperation with the city of Long Beach, the Central Basin Municipal Water District, and the Metropolitan Water District of Southern California may participate in the design, planning, and construction of the Long Beach Desalination Research and Development Project in Los Angeles County, California.
The Secretary, 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.
Federal contribution— A Federal contribution in excess of 25 percent for a project under this section may not be made until after the Secretary determines that the project is not feasible without such Federal contribution.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1605, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 104–266, § 5, Oct. 9, 1996, 110 Stat. 3295.)
Editorial Notes
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (a), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
The Technology Transfer Act of 1986, referred to in subsec. (a), is Pub. L. 99–502, Oct. 20, 1986, 100 Stat. 1785, known as the Federal Technology Transfer Act of 1986. For complete classification of this Act to the Code, see Short Title of 1986 Amendments note set out under section 3701 of Title 15 and Tables.
Amendments
1996—Pub. L. 104–266 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).
General authority— The Secretary 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 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.
Cooperation with State; Federal share— The Secretary shall conduct the study authorized by this section in cooperation with the State 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.
Report— The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than six years after appropriation of funds authorized by sections 390h to 390h–39 of this title.
1So in original. Probably should be “San Bernardino,”.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1606, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)
Editorial Notes
Amendments
1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
Statutory Notes and Related Subsidiaries
Reuse of Waste Water
Pub. L. 102–580, title II, § 217, Oct. 31, 1992, 106 Stat. 4833, provided that: In General.—The Secretary is authorized to provide assistance to non-Federal interests for carrying out projects described in subsection (c) for the beneficial reuse of waste water. Such assistance may be in the form of technical and planning and design assistance. If the Secretary is to provide any design or engineering assistance to carry out a project under this section, the Secretary shall obtain by procurement from private sources all services necessary for the Secretary to provide such assistance, unless the Secretary finds that— the service would require the use of a new technology unavailable in the private sector; or a solicitation or request for proposal has failed to attract 2 or more bids or proposals. Non-Federal Share.—The non-Federal share of the cost of assistance provided under this section shall not be less than 25 percent, except that such share shall be subject to the ability of the non-Federal interest to pay, including the procedures and regulations relating to ability to pay established under section 103(m) of the Water Resources Development Act of 1986 [33 U.S.C. 2213(m)]. Project Descriptions.—The projects for which the Secretary is authorized to provide assistance under subsection (a) are as follows:Southern california comprehensive water reuse system.—Description.—A regional water reuse system for Southern California to treat, store, and transfer water in order to provide a new increment of water supply for agricultural, municipal, industrial, and environmental needs of Southern California. Cooperation.—The Secretary shall carry out this paragraph in cooperation with the State of California and appropriate local and regional entities. Southern california defined.—For purposes of this paragraph, the term ‘Southern California’ means those portions of the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, San Diego, Ventura, Santa Barbara, and San Luis Obispo, California, within the south coast, central coast, and Colorado River hydrologic regions as defined by the California Department of Water Resources. San diego area water reuse demonstration facilities.—Water reuse facilities (which are not inconsistent with facilities mandated by the United States District Court in San Diego, California) to develop advance technology for economically and environmentally sound alternative water supplies for the San Diego metropolitan area. Santa rosa water reuse projects.—Description.—Water reuse projects for the city of Santa Rosa, California, to treat waste water and store such treated water for the purposes of providing new water supplies for agriculture, municipal, environmental, and other purposes and reducing the use of potable water supplies for purposes where treated waste water is a viable substitute. Cooperation.—The Secretary shall carry out this paragraph in cooperation with the city of Santa Rosa, California, and other appropriate authorities.Monterey county, california.—Description.—Reduction of salt water intrusion into aquifers in the vicinity of Castroville, California, for the purposes of improving the water quality of Monterey Bay and enhancing long-term water supply in the area. Cooperation.—The Secretary shall carry out this paragraph in cooperation with the Monterey Regional Water Pollution Control Agency and the Monterey County Water Resources Agency. Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $5,000,000. Such sums shall remain available until expended.”
The Secretary, in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District, 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.
The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1607, Oct. 30, 1992, 106 Stat. 4666.)
Statutory Notes and Related Subsidiaries
Demonstration of Waste Water Technology, Santa Clara Valley Water District and San Jose, California
Pub. L. 102–580, title II, § 218, Oct. 31, 1992, 106 Stat. 4834, provided that: In General.—The Secretary, in cooperation with the Administrator of the Environmental Protection Agency, is authorized to provide design and construction assistance to the Santa Clara Valley Water District in San Jose, California, and to the city of San Jose, California, for demonstrating and field testing public use innovative processes which advance the technology of waste water reuse and treatment and which promote the use of treated waste water for critical water supply purposes and for the protection of fish and wildlife in the San Francisco Bay. All design, construction, and comprehensive health effects studies shall be carried out by non-Federal interests. Purposes of Assistance.—Assistance may be provided under this section— for the design and construction of an innovative nonpotable waste water reuse treatment facility with distribution systems; for the design and construction of an innovative potable waste water reuse pilot plant; for implementation of a comprehensive health effects study of the performance of the potable waste water reuse pilot plant; and after the pilot plant is constructed and is operational, for the design and construction of a potable waste water reuse project, along with integration of the additional potable processes into the existing nonpotable facilities, and the extension of the distribution systems to groundwater recharge areas, if the Secretary, in cooperation with the Administrator of the Environmental Protection Agency, determines that the established public health requirements and water quality goals and objectives are being met by the pilot plant, the public health and safety is not at risk as a result of the operation of the pilot plant, and the pilot plant is operating reliably. Cost Sharing.—Total project costs under this section shall be shared at 75 percent Federal and 25 percent non-Federal. The non-Federal sponsor shall receive credit for lands, easements, rights-of-way, and relocations toward its share of project costs, but not to exceed 25 percent of total project costs. Operation and maintenance cost shall be 100 percent non-Federal. Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $10,000,000. Such sums shall remain available until expended.”
General authority— The Secretary, 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.
Federal share— The Federal share of the costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1608, Oct. 30, 1992, 106 Stat. 4666; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 106–53, title V, § 596, Aug. 17, 1999, 113 Stat. 384.)
Editorial Notes
Amendments
1999—Subsec. (a). Pub. L. 106–53, § 596(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary, in cooperation with the city of Phoenix, Arizona, shall conduct a feasibility study of the potential for development of facilities to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricultural, and environmental purposes, groundwater recharge and direct potable reuse in the Phoenix metropolitan area, and in cooperation with the city of Phoenix design and construct facilities for environmental purposes, ground water recharge and direct potable reuse.”
Subsec. (b). Pub. L. 106–53, § 596(2), struck out first sentence which read as follows: “The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.”
Subsec. (c). Pub. L. 106–53, § 596(3), struck out subsec. (c) which read as follows: “The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than two years after appropriation of funds authorized by sections 390h to 390h–15 of this title.”
1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
General authority— The Secretary, in cooperation with the State 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.
Report— The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than four years after appropriation of funds authorized by sections 390h to 390h–39 of this title.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1609, Oct. 30, 1992, 106 Stat. 4666; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)
Editorial Notes
Amendments
1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
General authority— The Secretary is authorized, in cooperation with the State 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.
Report— The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than two years after appropriation of funds authorized by sections 390h to 390h–39 of this title.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1610, Oct. 30, 1992, 106 Stat. 4667; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)
Editorial Notes
Amendments
1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
General authority— The Secretary, 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.
Report— The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than five years after appropriation of funds authorized by sections 390h to 390h–39 of this title.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1611, Oct. 30, 1992, 106 Stat. 4667; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 104–266, § 6, Oct. 9, 1996, 110 Stat. 3296.)
Editorial Notes
Amendments
1996—Subsec. (c). Pub. L. 104–266 substituted “five” for “four”.
1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
The Secretary, in cooperation with the city of San Diego, California1 or its successor agency in the management of the San Diego Area Wastewater Management District, 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.
The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.
Footnotes
1So in original. Probably should be followed by a comma.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1612, Oct. 30, 1992, 106 Stat. 4667.)
The Secretary is authorized to participate with the city and county of Los Angeles, State of California, West Basin Municipal Water District, 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.
The Secretary’s share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1613, Oct. 30, 1992, 106 Stat. 4667.)
The Secretary, in cooperation with the Metropolitan Water District of Southern California 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.
The Secretary’s share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1614, Oct. 30, 1992, 106 Stat. 4668.)
Authorization— The Secretary, in cooperation with the appropriate State 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, the City of Carlsbad, and the Olivenhain Municipal Water District, California.
Authorization— The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Calleguas Municipal Water District Recycling Project to reclaim and reuse water in the service area of the Calleguas Municipal Water District in Ventura County, California.
Authorization— The Secretary, in cooperation with the appropriate State 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 in Utah.
Authorization— The Secretary, in cooperation with the appropriate State 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 in Utah.
Authorization— The Secretary, 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.
Authorization— The Secretary, in cooperation with the appropriate State 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.
Authorization— The Secretary, 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.
Limitation— The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1621, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 105–62, title V, § 506, Oct. 13, 1997, 111 Stat. 1339.)
Editorial Notes
Codification
Section 506 of Pub. L. 105–62, which directed the amendment of “section 1621 of title XVI of the Reclamation Wastewater and Groundwater Act, Public Law 104–266”, was executed by making the amendment to this section, which is section 1621 of title XVI of the Reclamation Wastewater and Groundwater Study and Facilities Act, Pub. L. 102–575, as added by Pub. L. 104–266, to reflect the probable intent of Congress.
Amendments
1997—Pub. L. 105–62, § 506(1), which directed the substitution of “project” for “study” in section catchline, was executed by substituting “Project” for “Study” to reflect the probable intent of Congress.
Subsec. (a). Pub. L. 105–62, § 506(2), (3), inserted “planning, design, and construction of the” after “to participate in the” and “and nonpotable surface water” after “impaired ground water”.
Pub. L. 105–62, § 506(1), which directed the substitution of “project” for “study”, was executed by substituting “Project” for “Study” to reflect the probable intent of Congress.
Authorization— The Secretary, in cooperation with the appropriate State 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.
Authorization— The Secretary, in cooperation with the appropriate State 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.
Authorization— The Secretary, in cooperation with the appropriate State 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 in California.
Limitation— The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1624, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 111–11, title IX, § 9111(c), Mar. 30, 2009, 123 Stat. 1318.)
Editorial Notes
Amendments
2009—Pub. L. 111–11, § 9111(c)(1), struck out “Phase 1 of the” before “Orange County” in section catchline.
Subsec. (a). Pub. L. 111–11, § 9111(c)(2), struck out “phase 1 of” before “the Orange County”.
Authorization— The Secretary, 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.
Authorization— The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility.
Authorization— The Secretary, 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.
Authorization— The Secretary, in cooperation with the Water Replenishment District of Southern California, the Orange County Water District in the State 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 of Los Angeles County through the city of Long Beach.
Authorization— The Secretary, in cooperation with the appropriate State 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.
Authorization— The Secretary, in cooperation with Tooele City, Utah, is authorized to participate in the design, planning, and construction of the Tooele Wastewater Treatment and Reuse Project.
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 of this title.
an appraisal investigation and a feasibility study that complies with the provisions of sections 390h–1(b) or 390h–2(c) of this title, as the case may be, have been completed by the Secretary or the non-Federal project sponsor;
the Secretary 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.
The requirements of paragraph (1) shall not apply to those projects authorized by sections 390h to 390h–39 of this title for which funds were appropriated prior to January 1, 1996.
Congressional notification— The Secretary shall notify the Committees on Resources and Appropriations of the House of Representatives and the Committees 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) that such an agreement has been signed and that the Secretary has determined that the non-Federal project sponsor is financially capable of funding the project’s non-Federal share of the project’s costs.
Notwithstanding any other provision of sections 390h to 390h–39 of this title and except as provided by paragraph (2), the Federal share of the costs of each of the individual projects authorized by sections 390h to 390h–39 of this title shall not exceed $20,000,000 (October 1996 prices).
Subject to subparagraph (B), in the case of any project authorized by sections 390h to 390h–39 of this title for which construction funds 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 on Appropriations of the House of Representatives.
In the case of the San Gabriel Basin demonstration project authorized by section 390h–12 of this title, the Federal share of the cost of such project may not exceed the sum determined by adding—
(Pub. L. 102–575, title XVI, § 1631, formerly § 1615, Oct. 30, 1992, 106 Stat. 4668; renumbered § 1631 and amended Pub. L. 104–266, §§ 2(a)(1), (b)(1), 7, Oct. 9, 1996, 110 Stat. 3290, 3294, 3296; Pub. L. 108–418, § 1, Nov. 30, 2004, 118 Stat. 2340.)
Editorial Notes
References in Text
Sections 390h through 390h–12p of this title, referred to in subsec. (a), was in the original “sections 1601 through 1630 of this title” meaning sections 1601 through 1630 of title XVI of Pub. L. 102–575, which are classified to sections 390h to 390h–12p of this title and provisions set out as a note under section 390h of this title.
Amendments
2004—Subsec. (d)(2). Pub. L. 108–418 designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), in the case” for “In the case”, and added subpar. (B).
1996—Pub. L. 104–266 designated existing provisions as subsec. (a), substituted “300h–12p” for “300h–12”, and added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Investigation, analysis, and report— In furtherance of the High Plains Groundwater Demonstration Program Act of 1983 (98 Stat. 1675) [43 U.S.C. 390g et seq.], the Secretary of the Interior, acting through the Bureau of Reclamation and the Geological Survey, 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 shall prepare a reclamation groundwater management and technical assistance report which shall include—
the Secretary’s recommendations, along with the recommendations of the Governors of the affected States, concerning the establishment of a groundwater management and technical assistance program in the Department of the Interior in order to assist Federal and non-Federal entity development and implementation of groundwater management plans and activities.
Consultation with Governors— In conducting the investigation and analysis, and in preparation of the report referred to in this section, the Secretary shall consult with the Governors of the affected States.
Report— The report shall be submitted to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate within three years of the appropriation of funds authorized by section 390h–15 of this title.
Footnotes
1So in original. The comma probably should be a semicolon.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1632, formerly § 1616, Oct. 30, 1992, 106 Stat. 4668; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594; renumbered § 1632 and amended Pub. L. 104–266, § 2(a)(1), (b)(2), Oct. 9, 1996, 110 Stat. 3290, 3294.)
Editorial Notes
References in Text
The High Plains Groundwater Demonstration Program Act of 1983, referred to in subsec. (a), is Pub. L. 98–434, Sept. 28, 1984, 98 Stat. 1675, which is classified generally to sections 390g to 390g–8 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 390g of this title and Tables.
Amendments
1996—Subsec. (c). Pub. L. 104–266, § 2(b)(2), made technical amendment to reference in original act which appears in text as reference to section 390h–15 of this title.
1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
Statutory Notes and Related Subsidiaries
Change of Name
Geological Survey redesignated United States Geological Survey by provision of title I of Pub. L. 102–154, Nov. 13, 1991, 105 Stat. 1000, set out as a note under section 31 of this title.
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.
(Pub. L. 102–575, title XVI, § 1633, formerly § 1617, Oct. 30, 1992, 106 Stat. 4669; renumbered § 1633 and amended Pub. L. 104–266, § 2(a)(1), (b)(3), Oct. 9, 1996, 110 Stat. 3290, 3294.)
Editorial Notes
Amendments
1996—Pub. L. 104–266, § 2(b)(3), made technical amendment to reference in original act which appears in text as reference to section 390h–14 of this title.
Authorization— The Secretary, 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.
Authorization— The Secretary, in cooperation with the Lakehaven Utility District, 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.
Section, Pub. L. 102–575, title XVI, § 1636, as added Pub. L. 108–316, § 1(b), Oct. 5, 2004, 118 Stat. 1202, which related to the Williamson County, Texas, water recycling and reuse project, was renumbered section 1637 of Pub. L. 102–575 by Pub. L. 109–70, § 2(a)(1), Sept. 21, 2005, 119 Stat. 2009, and transferred to section 390h–19 of this title.
Authorization— The Secretary, in cooperation with the Irvine Ranch Water District, 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.
Authorization— The Secretary, 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.
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;
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
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.
In general— The Secretary, 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.
Authorization of appropriations— There is authorized to be appropriated to carry out this section, $20,000,000.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 16——, as added Pub. L. 110–161, div. C, title II, § 210, Dec. 26, 2007, 121 Stat. 1954.)
Editorial Notes
Codification
Section is based on section “16——” of Pub. L. 102–575. Two other sections “16——” of Pub. L. 102–575 have been enacted and are classified to sections 390h–22 and 390h–23 of this title.
Section, Pub. L. 102–575, title XVI, § 16——, as added Pub. L. 110–161, div. C, title II, § 210, Dec. 26, 2007, 121 Stat. 1955, which related to the Cucamonga Valley water recycling project, was omitted pursuant to subsec. (e) of section, which provided that the authority of the Secretary of the Interior to carry out any provisions of this section terminated 10 years after Dec. 26, 2007.
Section was based on section “16——” of Pub. L. 102–575. Two other sections “16——” of Pub. L. 102–575 have been enacted and are classified to sections 390h–21 and 390h–23 of this title.
Authorization— The Secretary, 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”.
Authorization of appropriations— There is authorized to be appropriated to carry out this section, $20,000,000.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 16——, as added Pub. L. 110–161, div. C, title II, § 214(a), Dec. 26, 2007, 121 Stat. 1955.)
Editorial Notes
Codification
Section is based on section “16——” of Pub. L. 102–575. Two other sections “16——” of Pub. L. 102–575 have been enacted and are classified to sections 390h–21 and 390h–22 of this title.
Statutory Notes and Related Subsidiaries
Limitation on Funds; Credits Toward Non-Federal Share
Pub. L. 110–161, div. C, title II, § 214(c), (d), Dec. 26, 2007, 121 Stat. 1956, provided that: Limitation.—The Secretary [of the Interior] shall not provide funds for the operation or maintenance of a project authorized by this section [enacting this section]. Credits Toward Non-Federal Share.—For purposes of subsection (b) [probably means subsec. (b) of this section] the Secretary shall credit the Mojave Water Agency with the value of all expenditures made prior to the date of the enactment of this Act [Dec. 26, 2007] that are used toward completion of projects that are compatible with this section.”
Section, Pub. L. 102–575, title XVI, § 1639, as added Pub. L. 110–229, title V, § 511(a), May 8, 2008, 122 Stat. 840, which related to the Eastern Municipal Water District recycled water system pressurization and expansion project, California, was omitted pursuant to subsec. (e) of section, which provided that the authority of the Secretary of the Interior to carry out any provisions of this section terminated 10 years after May 8, 2008.
Authorization— The Secretary, 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.
Authorization— The Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
Authorization— The Secretary, in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
Authorization— The Secretary, in cooperation with the North Coast County Water District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
Authorization— The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities.
Authorization— The Secretary, in cooperation with the South County Regional Wastewater Authority and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water system distribution facilities.
Authorization— The Secretary, in cooperation with the City of San Jose, California, and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water treatment facilities.
Authorization— The Secretary, in cooperation with the Rancho California Water District, 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.
Cost sharing— The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project or $20,000,000, whichever is less.
Limitation—Funds provided by the Secretary under this section shall not be used for operation or maintenance of the project described in subsection (a).
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1649, as added Pub. L. 111–11, title IX, § 9104(a), Mar. 30, 2009, 123 Stat. 1303.)
Authorization— The Secretary, in cooperation with the Elsinore Valley Municipal Water District, 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, California.
Limitation—Funds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a).
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—
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—
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—
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.
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—
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.
Notes, amendments, and revision history
(Pub. L. 102–575, title XVI, § 1651, as added Pub. L. 111–11, title IX, § 9110(a), Mar. 30, 2009, 123 Stat. 1315.)
Section 390h–35, Pub. L. 102–575, title XVI, § 1652, as added Pub. L. 111–11, title IX, § 9111(a)(1), Mar. 30, 2009, 123 Stat. 1317, which related to the Prado Basin natural treatment system project, was omitted pursuant to subsec. (e) of section, which provided that the section would have no effect after the date that was 10 years after Mar. 30, 2009.
Section 390h–36, Pub. L. 102–575, title XVI, § 1653, as added Pub. L. 111–11, title IX, § 9111(b)(1), Mar. 30, 2009, 123 Stat. 1317, which related to the Lower Chino Dairy Area desalination demonstration and reclamation project, was omitted pursuant to subsec. (e) of section, which provided that the section would have no effect after the date that was 10 years after Mar. 30, 2009.
Section 390h–37, Pub. L. 102–575, title XVI, § 1654, as added Pub. L. 111–11, title IX, § 9113(a), Mar. 30, 2009, 123 Stat. 1319, which related to the Oxnard, California, water reclamation, reuse, and treatment project, was omitted pursuant to subsec. (d) of section, which provided that the authority of the Secretary of the Interior to carry out any provisions of section terminated 10 years after Mar. 30, 2009.
Authorization— The Secretary, in cooperation with the Yucaipa Valley Water District, 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.
Authorization— The Secretary, 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.