I 

109TH CONGRESS 

1ST SESSION H. R. 1326 

To enable a Bureau of Reclamation partnership with the North Bay Water 

Reuse Authority and other regional partners to achieve water supply, 

water quality, and environmental restoration objectives. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2005 

Mr. THOMPSON of California introduced the following bill; which was referred 

to the Committee on Resources 

A BILL 

To enable a Bureau of Reclamation partnership with the 

North Bay Water Reuse Authority and other regional 

partners to achieve water supply, water quality, and environmental restoration objectives. 

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 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means each of— 

3 (A) the Sonoma Valley County Sanitation 

4 District, Sonoma, California; 

5 (B) the Napa Sanitation District, Napa, 

6 California; 

7 (C) the City of American Canyon, Cali8 fornia; 

9 (D) the Las Gallinas Valley Sanitary Dis10 trict, San Rafael, California; 

11 (E) the Novato Sanitary District, Novato, 

12 California; 

13 (F) the City of Petaluma, California; and 

14 (G) the Sonoma County Water Agency. 

15 (2) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 SEC. 3. NORTH BAY WATER REUSE PROGRAM. 

18 (a) IN GENERAL.—The Secretary may, through a co19 operative agreement with the State of California or a sub20 division thereof, participate in the planning, design, and 

21 construction of water reclamation and reuse projects in22 cluding water quality improvement, waste water treat23 ment, water reclamation and reuse, groundwater recharge 

24 and protection, surface water augmentation, and other im25 provements with eligible entities in the North San Pablo 
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1 Bay watershed in Napa, Sonoma, Marin, and Solano 

2 Counties, California. 

3 (b) COORDINATION WITH OTHER FEDERAL AGEN4 CIES.—In carrying out this section, the Secretary shall, 

5 to the greatest degree practicable, build upon the design 

6 work and environmental evaluation undertaken by non7 Federal entities and by the Corps of Engineers in the San 

8 Pablo Bay Watershed, California. 

9 (c) COOPERATIVE AGREEMENTS.—All planning, de10 sign, and construction of a recycled water project author11 ized by this Act shall be undertaken in accordance with 

12 a cooperative agreement between the Secretary and the 

13 eligible entity for the project. Such cooperative agreement 

14 shall set forth in a manner acceptable to the Secretary 

15 the responsibilities of the eligible entity for— 

16 (1) needs assessment; 

17 (2) feasibility and reconnaissance studies; 

18 (3) environmental review; 

19 (4) engineering and design; 

20 (5) construction; and 

21 (6) the administration of contracts pertaining 

22 to any of the foregoing. 

23 (d) FINANCIAL ASSISTANCE.—Upon execution of a 

24 cooperative agreement under this section, the Secretary 

25 may provide to the eligible entity, on the basis described 
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1 in section 4, the funds authorized, through direct loans, 

2 loan guarantees, or grants. 

3 SEC. 4. COST SHARING. 

4 (a) FEDERAL ASSISTANCE.—The Federal share of a 

5 project funded under this Act shall not exceed 65 percent 

6 of the total cost for planning, environmental evaluation, 

7 and construction of the project. 

8 (b) NON-FEDERAL COST SHARE.— 

9 (1) IN GENERAL.—Except as provided in sub10 section (c), the non-Federal cost share of the costs 

11 of a project funded under this Act shall be no less 

12 than 35 percent total cost for planning, environ13 mental evaluation, and construction of the project. 

14 (2) CREDIT FOR NON-FEDERAL WORK.—The 

15 non-Federal interests with respect to a project fund16 ed under this Act shall receive credit toward the 

17 non-Federal share of the cost of the project— 

18 (A) for reasonable costs incurred by the 

19 non-Federal interests as a result of participa20 tion in the planning, design, and construction of 

21 the project; and 

22 (B) for the fair-market value of lands uti23 lized for project facilities and owned by eligible 

24 entities. 
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1 (c) OPERATION AND MAINTENANCE.—The non-Fed2 eral share of operation and maintenance costs of a project 

3 funded under this Act shall be 100 percent. 

4 (d) FEDERAL ASSISTANCE FOR ENVIRONMENTAL IM5 PROVEMENT AND ENHANCEMENT.— 

6 (1) INITIAL DEVELOPMENT.—The Secretary 

7 shall make grants and other funds available to eligi8 ble entities for the initial development of environ9 mental improvement and enhancement components 

10 of the North Bay Water Reuse Program. 

11 (2) NONREIMBURSABLE.—Grants provided 

12 under this Act shall be nonreimbursable and not 

13 subject to repayment. 

14 SEC. 5. WATER RIGHTS. 

15 Nothing in this Act— 

16 (1) invalidates or preempts State water law or 

17 any interstate compact governing water; 

18 (2) alters the rights of any State to any appro19 priated share of the waters of any body of surface 

20 or groundwater, whether determined by past or fu21 ture interstate compacts or final judicial allocations; 

22 (3) preempts or modifies any State or Federal 

23 law, or interstate compact, governing water quality 

24 or disposal; or 
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1 (4) confers on any non-Federal entity the abil2 ity to exercise any Federal right to the waters of any 

3 stream or to any groundwater resource. 

4 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

5 There is authorized to be appropriated to the Sec6 retary to carry out this Act $65,000,000, to remain avail7 able until expended. 

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