II 

109TH CONGRESS 

2D SESSION S. 3646 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2006 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

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 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means a member agency of the North Bay 

3 Water Reuse Authority of the State located in the 

4 North San Pablo Bay watershed in— 

5 (A) Marin County; 

6 (B) Napa County; 

7 (C) Solano County; or 

8 (D) Sonoma County. 

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

10 the Secretary of the Interior. 

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

12 of California. 

13 (4) WATER RECLAMATION AND REUSE

14 PROJECT.—The term ‘‘water reclamation and reuse 

15 project’’ means a project carried out by the Sec16 retary and an eligible entity in the North San Pablo 

17 Bay watershed relating to— 

18 (A) water quality improvement; 

19 (B) wastewater treatment; 

20 (C) water reclamation and reuse; 

21 (D) groundwater recharge and protection; 

22 (E) surface water augmentation; or 

23 (F) other related improvements. 


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1 SEC. 3. NORTH BAY WATER REUSE PROGRAM. 

2 (a) IN GENERAL.—The Secretary, acting through a 

3 cooperative agreement with the State or a subdivision of 

4 a State, may offer to enter into cooperative agreements 

5 with eligible entities for the planning, design, and con6 struction of water reclamation and reuse projects. 

7 (b) COORDINATION WITH OTHER FEDERAL AGEN8 CIES.—In carrying out this section, the Secretary and the 

9 eligible entity shall, to the maximum extent practicable, 

10 use the design work and environmental evaluations initi11 ated by— 

12 (1) non-Federal entities; and 

13 (2) the Corps of Engineers in the San Pablo 

14 Bay Watershed of the State. 

15 (c) COOPERATIVE AGREEMENT.— 

16 (1) REQUIREMENTS.—A cooperative agreement 

17 entered into under paragraph (1) shall, at a min18 imum, specify the responsibilities of the Secretary 

19 and the eligible entity with respect to— 

20 (A) ensuring that the cost-share require21 ments established by subsection (e) are met; 

22 (B) completing— 

23 (i) a needs assessment for the water 

24 reclamation and reuse project; and 

25 (ii) the planning and final design of 

26 the water reclamation and reuse project; 


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1 (C) any environmental compliance activity 

2 required for the water reclamation and reuse 

3 project; 

4 (D) the construction of facilities for the 

5 water reclamation and reuse project; and 

6 (E) administrating any contract relating to 

7 the construction of the water reclamation and 

8 reuse project. 

9 (2) PHASED PROJECT.— 

10 (A) IN GENERAL.—A cooperative agree11 ment described in paragraph (1) shall require 

12 that any water reclamation and reuse project 

13 carried out under this section shall consist of 2 

14 phases. 

15 (B) FIRST PHASE.—During the first 

16 phase, the Secretary and an eligible entity shall 

17 complete the planning, design, and construction 

18 of the main treatment and main conveyance 

19 system of the water reclamation and reuse 

20 project. 

21 (C) SECOND PHASE.—During the second 

22 phase, the Secretary and an eligible entity shall 

23 complete the planning, design, and construction 

24 of the sub-regional distribution systems of the 

25 water reclamation and reuse project. 


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1 (d) FINANCIAL ASSISTANCE.— 

2 (1) IN GENERAL.—The Secretary may provide 

3 financial and technical assistance to an eligible enti4 ty to assist in planning, designing, conducting re5 lated preconstruction activities for, and constructing 

6 a water reclamation and reuse project. 

7 (2) USE.—Any financial assistance provided 

8 under paragraph (1) shall be obligated and expended 

9 only in accordance with a cooperative agreement en10 tered into under this section. 

11 (e) COST-SHARING REQUIREMENT.— 

12 (1) FEDERAL SHARE.—The Federal share of 

13 the total cost of any activity or construction carried 

14 out using amounts made available under this section 

15 shall be not more than 25 percent of the total cost 

16 of a water reclamation and reuse project. 

17 (2) FORM OF NON-FEDERAL SHARE.—The non18 Federal share may be in the form of any in-kind 

19 services that the Secretary determines would con20 tribute substantially toward the completion of the 

21 water reclamation and reuse project, including— 

22 (A) reasonable costs incurred by the eligi23 ble entity relating to the planning, design, and 

24 construction of the water reclamation and reuse 

25 project; and 


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1 (B) the fair-market value of land that is— 

2 (i) used for planning, design, and con3 struction of the water reclamation and 

4 reuse project facilities; and 

5 (ii) owned by an eligible entity. 

6 (f) OPERATION, MAINTENANCE, AND REPLACEMENT

7 COSTS.— 

8 (1) IN GENERAL.—The eligible entity shall be 

9 responsible for the annual operation, maintenance, 

10 and replacement costs associated with the water rec11 lamation and reuse project. 

12 (2) OPERATION, MAINTENANCE, AND REPLACE13 MENT PLAN.—The eligible entity, in consultation 

14 with the Secretary, shall develop an operation, main15 tenance, and replacement plan for the water rec16 lamation and reuse project. 

17 (g) EFFECT.—Nothing in this Act— 

18 (1) affects or preempts— 

19 (A) State water law; or 

20 (B) an interstate compact relating to the 

21 allocation of water; or 

22 (2) confers on any non-Federal entity the abil23 ity to exercise any Federal right to— 

24 (A) the water of a stream; or 

25 (B) any groundwater resource. 


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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated for the Federal share of the 

3 total cost of the first phase of water reclamation and reuse 

4 projects carried out under this Act, an amount not to ex5 ceed 25 percent of the total cost of those reclamation and 

6 reuse projects or $25,000,000, whichever is less, to remain 

7 available until expended. 

Æ 


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