II 

Calendar No. 1010 

110TH CONGRESS 

2D 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 

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, without amendment 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Reuse Program Act of 2007’’. 


rfrederick on PROD1PC67 with BILLS
2 

•HR 236 RS

1 SEC. 2. PROJECT AUTHORIZATION. 

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

3 Groundwater Study and Facilities Act (Public Law 102– 

4 575, title XVI; 43 U.S.C. 390h et seq.) is amended by 

5 adding at the end the following: 

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

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

8 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en9 tity’ means a member agency of the North Bay 

10 Water Reuse Authority of the State located in the 

11 North San Pablo Bay watershed in— 

12 ‘‘(A) Marin County; 

13 ‘‘(B) Napa County; 

14 ‘‘(C) Solano County; or 

15 ‘‘(D) Sonoma County. 

16 ‘‘(2) WATER RECLAMATION AND REUSE

17 PROJECT.—The term ‘water reclamation and reuse 

18 project’ means a project carried out by the Secretary 

19 and an eligible entity in the North San Pablo Bay 

20 watershed relating to— 

21 ‘‘(A) water quality improvement; 

22 ‘‘(B) wastewater treatment; 

23 ‘‘(C) water reclamation and reuse; 

24 ‘‘(D) groundwater recharge and protection; 

25 ‘‘(E) surface water augmentation; or 

26 ‘‘(F) other related improvements. 


rfrederick on PROD1PC67 with BILLS
3 

•HR 236 RS

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

2 of California. 

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

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

5 of feasibility, the Secretary, acting through a cooper6 ative agreement with the State or a subdivision of 

7 the State, is authorized to enter into cooperative 

8 agreements with eligible entities for the planning, 

9 design, and construction of water reclamation and 

10 reuse facilities and recycled water conveyance and 

11 distribution systems. 

12 ‘‘(2) COORDINATION WITH OTHER FEDERAL

13 AGENCIES.—In carrying out this section, the Sec14 retary and the eligible entity shall, to the maximum 

15 extent practicable, use the design work and environ16 mental evaluations initiated by— 

17 ‘‘(A) non-Federal entities; and 

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

19 Pablo Bay Watershed of the State. 

20 ‘‘(3) PHASED PROJECT.—A cooperative agree21 ment described in paragraph (1) shall require that 

22 the North Bay Water Reuse Program carried out 

23 under this section shall consist of 2 phases as fol24 lows: 


rfrederick on PROD1PC67 with BILLS
4 

•HR 236 RS

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

2 phase, the Secretary and an eligible entity shall 

3 complete the planning, design, and construction 

4 of the main treatment and main conveyance 

5 systems. 

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

7 phase, the Secretary and an eligible entity shall 

8 complete the planning, design, and construction 

9 of the sub-regional distribution systems. 

10 ‘‘(4) COST SHARING.— 

11 ‘‘(A) FEDERAL SHARE.—The Federal 

12 share of the cost of the first phase of the 

13 project authorized by this section shall not ex14 ceed 25 percent of the total cost of the first 

15 phase of the project. 

16 ‘‘(B) FORM OF NON-FEDERAL SHARE.— 

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

18 any in-kind services that the Secretary deter19 mines would contribute substantially toward the 

20 completion of the water reclamation and reuse 

21 project, including— 

22 ‘‘(i) reasonable costs incurred by the 

23 eligible entity relating to the planning, de24 sign, and construction of the water rec25 lamation and reuse project; and 


rfrederick on PROD1PC67 with BILLS
5 

•HR 236 RS

1 ‘‘(ii) the acquisition costs of land ac2 quired for the project that is— 

3 ‘‘(I) used for planning, design, 

4 and construction of the water rec5 lamation and reuse project facilities; 

6 and 

7 ‘‘(II) owned by an eligible entity 

8 and directly related to the project. 

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

10 not provide funds for the operation and mainte11 nance of the project authorized by this section. 

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

13 ‘‘(A) affects or preempts— 

14 ‘‘(i) State water law; or 

15 ‘‘(ii) an interstate compact relating to 

16 the allocation of water; or 

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

18 ability to exercise any Federal right to— 

19 ‘‘(i) the water of a stream; or 

20 ‘‘(ii) any groundwater resource. 

21 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated for the Fed23 eral share of the total cost of the first phase of the 

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

25 remain available until expended.’’. 


rfrederick on PROD1PC67 with BILLS
6 

•HR 236 RS

1 (b) CONFORMING AMENDMENT.—The table of sec2 tions in section 2 of Public Law 102–575 is amended by 

3 inserting after the last item relating to title XVI the fol4 lowing: 

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


rfrederick on PROD1PC67 with BILLS

rfrederick on PROD1PC67 with BILLS
Calendar No. 1010 

110TH CONGRESS 

2D SESSION H. R. 236 

AN ACT 

To authorize the Secretary of the Interior to create 

restoration. water supply, water quality, and environmental gional partners to achieve objectives relating to North Bay Water Reuse Authority and other rea Bureau of Reclamation partnership with the 

SEPTEMBER 16, 2008 

Reported without amendment 


rfrederick on PROD1PC67 with BILLS