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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘North Bay Water 
Reuse Program Act of 2007’’. 
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SEC. 2. PROJECT AUTHORIZATION. 
(a) IN GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102– 
575, title XVI; 43 U.S.C. 390h et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 16ll. NORTH BAY WATER REUSE PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ 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) 
WATER
RECLAMATION
AND
REUSE 
PROJECT.—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. 
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‘‘(3) STATE.—The term ‘State’ means the State 
of California. 
‘‘(b) NORTH BAY WATER REUSE PROGRAM.— 
‘‘(1) IN GENERAL.—Contingent upon a finding 
of feasibility, the Secretary, acting through a cooper-
ative 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) COORDINATION
WITH
OTHER
FEDERAL 
AGENCIES.—In carrying out this section, the Sec-
retary and the eligible entity shall, to the maximum 
extent practicable, use the design work and environ-
mental evaluations initiated by— 
‘‘(A) non-Federal entities; and 
‘‘(B) the Corps of Engineers in the San 
Pablo Bay Watershed of the State. 
‘‘(3) PHASED PROJECT.—A cooperative agree-
ment described in paragraph (1) shall require that 
the North Bay Water Reuse Program carried out 
under this section shall consist of 2 phases as fol-
lows: 
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‘‘(A) FIRST
PHASE.—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) SECOND PHASE.—During the second 
phase, the Secretary and an eligible entity shall 
complete the planning, design, and construction 
of the sub-regional distribution systems. 
‘‘(4) COST SHARING.— 
‘‘(A) 
FEDERAL
SHARE.—The 
Federal 
share of the cost of the first phase of the 
project authorized by this section shall not ex-
ceed 25 percent of the total cost of the first 
phase of the project. 
‘‘(B) FORM
OF
NON-FEDERAL
SHARE.— 
The non-Federal share may be in the form of 
any in-kind services that the Secretary deter-
mines 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, de-
sign, and construction of the water rec-
lamation and reuse project; and 
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‘‘(ii) the acquisition costs of land ac-
quired for the project that is— 
‘‘(I) used for planning, design, 
and construction of the water rec-
lamation and reuse project facilities; 
and 
‘‘(II) owned by an eligible entity 
and directly related to the project. 
‘‘(C) LIMITATION.—The Secretary shall 
not provide funds for the operation and mainte-
nance of the project authorized by this section. 
‘‘(5) EFFECT.—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) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated for the Fed-
eral share of the total cost of the first phase of the 
project authorized by this section $25,000,000, to 
remain available until expended.’’. 
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(b) CONFORMING AMENDMENT.—The table of sec-
tions in section 2 of Public Law 102–575 is amended by 
inserting after the last item relating to title XVI the fol-
lowing: 
‘‘Sec. 16ll. North Bay water reuse program.’’. 
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Calendar No. 1010 
110TH CONGRESS 
2D SESSION 
H. R. 236 
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 re-
gional partners to achieve objectives relating to 
water supply, water quality, and environmental 
restoration. 
SEPTEMBER 16, 2008 
Reported without amendment 
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