Title 43, Public LandsRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Authorizes the Secretary, working with California or a part of California, to make agreements with member agencies of the North Bay Water Reuse Authority to plan, design, and build water reclamation and recycled-water systems in the North San Pablo Bay watershed if the project is found feasible. The Secretary and local partners must, when possible, use design work and environmental studies already done by local groups and by the Corps of Engineers for the San Pablo Bay watershed. Eligible entity = a member agency of the North Bay Water Reuse Authority in Marin, Napa, Solano, or Sonoma County. Water reclamation and reuse project = projects that improve water quality, treat wastewater, recycle water, recharge or protect groundwater, add surface water, or other related work. State = California. The program has two phases: first build the main treatment and main pipes, then build the local distribution systems. The Federal share of the first phase cannot be more than 25 percent. Non-Federal partners can count in-kind work, reasonable planning/design/construction costs, and land they own and use for the project as their share. Federal money cannot pay for operation or maintenance. This does not change State water law, interstate water compacts, or give local groups any Federal water rights. Up to $25,000,000 is authorized for the Federal share of the first phase, available until spent.

Full Legal Text

Title 43, §390h–34

Public Lands, Source: USLM XML via OLRC

(a)In this section:
(1)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—
(A)Marin County;
(B)Napa County;
(C)Solano County; or
(D)Sonoma County.
(2)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)The term “State” means the State of California.
(b)(1)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)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)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)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)During the second phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the sub-regional distribution systems.
(4)(A)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)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)The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(5)Nothing in this section—
(A)affects or preempts—
(i)State 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)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

Apr 5, 2026

Release point: 119-73not60