Title 43, Public LandsRelease 119-110

§390h–34 North Bay Water Reuse Program

Title 43 › CHAPTER 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › SUBCHAPTER I — GENERAL PROVISIONS › § 390h–34

Last updated Sep 22, 2026|Official source

Summary

Authorizes the Secretary, if the project is found feasible, to make cooperative agreements with California and local North Bay agencies to plan, design, and build water reuse and recycling facilities and pipes in the North San Pablo Bay watershed. Eligible local agencies are members of the North Bay Water Reuse Authority in Marin, Napa, Solano, or Sonoma Counties. “Water reclamation and reuse project” covers things like improving water quality, treating and reusing wastewater, recharging and protecting groundwater, augmenting surface water, and related work. “State” means California. The Secretary must, as much as possible, use design plans and environmental reviews already done by local groups and the Corps of Engineers. The work must be done in two phases: first build the main treatment and main conveyance systems, then build sub-regional distribution systems. The Federal share of the first phase cannot be more than 25 percent. The local share can include in-kind services, reasonable planning/design/construction costs, and land costs owned by an eligible entity and used for the project. Federal funds cannot pay for operation or maintenance. The law does not change State water law or interstate water compacts, and it does not give federal water rights to local agencies. Up to $25,000,000 is authorized for the Federal share of the first phase, available until expended.

Full Legal Text

Title 43, §390h–34

Public Lands, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Eligible entity
(2)Water reclamation and reuse project
The term “water reclamation and reuse project” means a project carried out by the Secretary and an eligible entity in the North San Pablo Bay watershed relating to—
(A)water quality improvement;
(B)wastewater treatment;
(C)water reclamation and reuse;
(D)groundwater recharge and protection;
(E)surface water augmentation; or
(F)other related improvements.
(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, 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.
(2)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—
(A)non-Federal entities; and
(B)the Corps of Engineers in the San Pablo Bay Watershed of the State.
(3)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:
(A)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.
(B)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.
(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 determines would contribute substantially toward the completion of the water reclamation and reuse project, including—
(i)reasonable costs incurred by the eligible entity relating to the planning, design, and construction of the water reclamation and reuse project; 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 facilities; and
(II)owned by an eligible entity and directly related to the project.
(C)Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(5)Effect
Nothing in this section
(A)
(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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 390h–34

Title 43, Public Lands

Last Updated

Sep 22, 2026

Release point: 119-110