IIB 

110TH CONGRESS 

1ST SESSION H. R. 236 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2007 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To authorize the Secretary of the Interior to create a Bureau 

of Reclamation partnership with the North Bay Water 

Reuse Authority and other regional partners to achieve 

objectives relating to water supply, water quality, and 

environmental restoration. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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HR 236 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘North Bay Water 

3 Reuse Program Act of 2007’’. 

4 SEC. 2. PROJECT AUTHORIZATION. 

5 (a) IN GENERAL.—The Reclamation Wastewater and 

6 Groundwater Study and Facilities Act (Public Law 102– 

7 575, title XVI; 43 U.S.C. 390h et seq.) is amended by 

8 adding at the end the following: 

9 ‘‘SEC. 16ll. NORTH BAY WATER REUSE PROGRAM. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en12 tity’ means a member agency of the North Bay 

13 Water Reuse Authority of the State located in the 

14 North San Pablo Bay watershed in— 

15 ‘‘(A) Marin County; 

16 ‘‘(B) Napa County; 

17 ‘‘(C) Solano County; or 

18 ‘‘(D) Sonoma County. 

19 ‘‘(2) WATER RECLAMATION AND REUSE

20 PROJECT.—The term ‘water reclamation and reuse 

21 project’ means a project carried out by the Secretary 

22 and an eligible entity in the North San Pablo Bay 

23 watershed relating to— 

24 ‘‘(A) water quality improvement; 

25 ‘‘(B) wastewater treatment; 

26 ‘‘(C) water reclamation and reuse; 


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HR 236 RFS

1 ‘‘(D) groundwater recharge and protection; 

2 ‘‘(E) surface water augmentation; or 

3 ‘‘(F) other related improvements. 

4 ‘‘(3) STATE.—The term ‘State’ means the State 

5 of California. 

6 ‘‘(b) NORTH BAY WATER REUSE PROGRAM.— 

7 ‘‘(1) IN GENERAL.—Contingent upon a finding 

8 of feasibility, the Secretary, acting through a cooper9 ative agreement with the State or a subdivision of 

10 the State, is authorized to enter into cooperative 

11 agreements with eligible entities for the planning, 

12 design, and construction of water reclamation and 

13 reuse facilities and recycled water conveyance and 

14 distribution systems. 

15 ‘‘(2) COORDINATION WITH OTHER FEDERAL

16 AGENCIES.—In carrying out this section, the Sec17 retary and the eligible entity shall, to the maximum 

18 extent practicable, use the design work and environ19 mental evaluations initiated by— 

20 ‘‘(A) non-Federal entities; and 

21 ‘‘(B) the Corps of Engineers in the San 

22 Pablo Bay Watershed of the State. 

23 ‘‘(3) PHASED PROJECT.—A cooperative agree24 ment described in paragraph (1) shall require that 

25 the North Bay Water Reuse Program carried out 


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HR 236 RFS

1 under this section shall consist of 2 phases as fol2 lows: 

3 ‘‘(A) FIRST PHASE.—During the first 

4 phase, the Secretary and an eligible entity shall 

5 complete the planning, design, and construction 

6 of the main treatment and main conveyance 

7 systems. 

8 ‘‘(B) SECOND PHASE.—During the second 

9 phase, the Secretary and an eligible entity shall 

10 complete the planning, design, and construction 

11 of the sub-regional distribution systems. 

12 ‘‘(4) COST SHARING.— 

13 ‘‘(A) FEDERAL SHARE.—The Federal 

14 share of the cost of the first phase of the 

15 project authorized by this section shall not ex16 ceed 25 percent of the total cost of the first 

17 phase of the project. 

18 ‘‘(B) FORM OF NON-FEDERAL SHARE.— 

19 The non-Federal share may be in the form of 

20 any in-kind services that the Secretary deter21 mines would contribute substantially toward the 

22 completion of the water reclamation and reuse 

23 project, including— 

24 ‘‘(i) reasonable costs incurred by the 

25 eligible entity relating to the planning, deVerDate Aug 31 2005 01:55 Dec 07, 2007 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H236.RFS H236

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1 sign, and construction of the water rec2 lamation and reuse project; and 

3 ‘‘(ii) the acquisition costs of land ac4 quired for the project that is— 

5 ‘‘(I) used for planning, design, 

6 and construction of the water rec7 lamation and reuse project facilities; 

8 and 

9 ‘‘(II) owned by an eligible entity 

10 and directly related to the project. 

11 ‘‘(C) LIMITATION.—The Secretary shall 

12 not provide funds for the operation and mainte13 nance of the project authorized by this section. 

14 ‘‘(5) EFFECT.—Nothing in this section— 

15 ‘‘(A) affects or preempts— 

16 ‘‘(i) State water law; or 

17 ‘‘(ii) an interstate compact relating to 

18 the allocation of water; or 

19 ‘‘(B) confers on any non-Federal entity the 

20 ability to exercise any Federal right to— 

21 ‘‘(i) the water of a stream; or 

22 ‘‘(ii) any groundwater resource. 

23 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated for the Fed25 eral share of the total cost of the first phase of the 


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1 project authorized by this section $25,000,000, to 

2 remain available until expended.’’. 

3 (b) CONFORMING AMENDMENT.—The table of sec4 tions in section 2 of Public Law 102–575 is amended by 

5 inserting after the last item relating to title XVI the fol6 lowing: 

‘‘Sec. 16ll. North Bay water reuse program.’’. 

Passed the House of Representatives December 5, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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