USC Subchapter I

USC Subchapter I
in effect

43 U.S.C. § 371 Definitions

When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title— (a) The word “Secretary” means the Secretary of the Interior. (b) The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. (c) The words “reclamation fund” mean the fund provided by the reclamation law. (d) The word “project” means a Federal irrigation project authorized by the reclamation law. (e) The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.

43 U.S.C. § 372 Water right as appurtenant to land and extent of right

The right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.

43 U.S.C. § 373 General authority of Secretary of the Interior

The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying out the provisions of this Act into full force and effect.

43 U.S.C. § 373a Commissioner of Reclamation; appointment

Under the supervision and direction of the Secretary of the Interior, the reclamation of arid lands, under the Act of June 17, 1902, and Acts amendatory thereof and supplementary thereto, shall be administered by a Commissioner of Reclamation who shall be appointed by the President by and with the advice and consent of the Senate.

43 U.S.C. § 373b Law enforcement authority at Bureau of Reclamation facilities

(a) Public safety regulationsThe Secretary of the Interior shall issue regulations necessary to maintain law and order and protect persons and property within Reclamation projects and on Reclamation lands. (b) Violations; criminal penaltiesAny person who knowingly and willfully violates any regulation issued under subsection (a) shall be fined under chapter 227, subchapter C of title 18, imprisoned for not more than 6 months, or both. Any person charged with a violation of a regulation issued under subsection (a) may be tried and sentenced by any United States magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions and limitations as provided for in section 3401 of title 18. (c) Authorization of law enforcement officersThe Secretary of the Interior may—(1) authorize law enforcement personnel from the Department of the Interior to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands; (2) authorize law enforcement personnel of any other Federal agency that has law enforcement authority (with the exception of the Department of Defense) or law enforcement personnel of any State or local government, including an Indian tribe, when deemed economical and in the public interest, through cooperative agreement or contract, to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands with such enforcement powers as may be so assigned to them by the Secretary; (3) cooperate with any State or local government, including an Indian tribe, in the enforcement of the laws or ordinances of that State or local government; and (4) provide reimbursement to a State or local government, including an Indian tribe, for expenditures incurred in connection with activities under paragraph (2). (d) Powers of law enforcement officersA law enforcement officer authorized by the Secretary of the Interior under subsection (c) may—(1) carry firearms within a Reclamation project or on Reclamation lands; (2) make arrests without warrants for—(A) any offense against the United States committed in his presence; or (B) any felony cognizable under the laws of the United States if he has—(i) reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; and (ii) such arrest occurs within a Reclamation project or on Reclamation lands or the person to be arrested is fleeing therefrom to avoid arrest; (3) execute within a Reclamation project or on Reclamation lands any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law for any offense committed within a Reclamation project or on Reclamation lands; and (4) conduct investigations within a Reclamation project or on Reclamation lands of offenses against the United States committed within a Reclamation project or on Reclamation lands if the Federal law enforcement agency having investigative jurisdiction over the offense committed declines to investigate the offense. (e) Legal status of State or local law enforcement officers(1) State or local officers not Federal employeesExcept as otherwise provided in this section, a law enforcement officer of any State or local government, including an Indian tribe, authorized to act as a law enforcement officer under subsection (c) shall not be deemed to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, employment discrimination, leave, unemployment compensation, and Federal benefits. (2) Application of Federal Tort Claims ActFor purposes of chapter 171 of title 28 (commonly known as the Federal Tort Claims Act), a law enforcement officer of any State or local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be considered a Federal employee. (3) Availability of workers compensationFor purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, a law enforcement officer of any State or local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be deemed a civil service employee of the United States within the meaning of the term employee as defined in section 8101 of title 5, and the provisions of that subchapter shall apply. Benefits under such subchapter shall be reduced by the amount of any entitlement to State or local workers compensation benefits arising out of the same injury or death. (f) Concurrent jurisdictionNothing in this section shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency, or to affect any existing right of a State or local government, including an Indian tribe, to exercise civil and criminal jurisdiction within a Reclamation project or on Reclamation lands. (g) RegulationsExcept for the authority provided in section 2(c)(1),11 So in original. Probably should be “subsection (c)(1)”. the law enforcement authorities provided for in this section may be exercised only pursuant to regulations issued by the Secretary of the Interior and approved by the Attorney General.

43 U.S.C. § 373c Definitions

In this section and section 373b of this title: (1) Law enforcement personnelThe term “law enforcement personnel” means an employee of a Federal, State, or local government agency, including an Indian tribal agency, who has successfully completed law enforcement training approved by the Secretary and is authorized to carry firearms, make arrests, and execute service of process to enforce criminal laws of his or her employing jurisdiction. (2) Reclamation project; reclamation landsThe terms “Reclamation project” and “Reclamation lands” have the meaning given such terms in section 460l–32 of title 16.

43 U.S.C. § 373d Grants and cooperative agreements with Indian tribes and organizations

In order to increase opportunities for Indian tribes to develop, manage, and protect their water resources, in fiscal year 2003 and thereafter, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants and cooperative agreements with any Indian tribe, institution of higher education, national Indian organization, or tribal organization pursuant to sections 6301 to 6308 of title 31. Nothing in this Act is intended to modify or limit the provisions of the Indian Self Determination Act [25 U.S.C. 5321 et seq.].

43 U.S.C. § 373e Bureau of Reclamation site security

(a) Treatment of capital costsCosts incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post-September 11, 2001, security needs, including the construction, modification, upgrade, or replacement of such facility fortifications, shall be nonreimbursable. (b) Treatment of security-related operation and maintenance costs(1) Reimbursable costsThe Secretary of the Interior shall include no more than $18,900,000 per fiscal year, indexed each fiscal year after fiscal year 2008 according to the preceding year’s Consumer Price Index, of those costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau of Reclamation facilities after the events of September 11, 2001, as reimbursable operation and maintenance costs under Reclamation law. (2) Costs collected through water ratesIn the case of the Central Valley Project of California, site security costs allocated to irrigation and municipal and industrial water service in accordance with this section shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates. (c) Transparency and report to Congress(1) Policies and proceduresThe Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) and (3), to provide for the payment of the reimbursable costs described in subsection (b). (2) NoticeOn identifying a Bureau of Reclamation facility for a site security measure, the Secretary shall provide to the project beneficiaries written notice—(A) describing the need for the site security measure and the process for identifying and implementing the site security measure; and (B) summarizing the administrative and legal requirements relating to the site security measure. (3) ConsultationThe Secretary shall—(A) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the site security measure; and (B) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in subparagraph (A). (4) Response; noticeBefore incurring costs pursuant to activities described in subsection (b), the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on such activities. The Secretary shall provide to the project beneficiary—(A) a timely written response describing proposed actions, if any, to address the recommendation; and (B) notice regarding the costs and status of such activities on a periodic basis. (5) ReportThe Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre-September 11, 2001, and post-September 11, 2001, costs for the site security activities. (d) Pre-September 11, 2001 security cost levelsReclamation project security costs at the levels of activity that existed prior to September 11, 2001, shall remain reimbursable.

43 U.S.C. § 373f Partnerships, grants, and cooperative agreements with local joint powers authorities

The Secretary may hereafter partner, provide a grant to, or enter into a cooperative agreement with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments, to advance planning and feasibility studies authorized by Congress for water storage project: Provided, That the Secretary shall ensure that all documents associated with the preparation of planning and feasibility studies and applicable environmental reviews under the National Environmental Policy Act [42 U.S.C. 4321 et seq.] for a project covered by this section shall be made available to any joint powers authority with whom the Secretary enters into an agreement to advance such project: Provided further, That the Secretary, acting through the Commissioner of the Bureau of Reclamation, shall ensure that all applicable environmental reviews under the National Environmental Policy Act, to the degree such reviews are required, are completed on an expeditious basis and that the shortest existing applicable process under the National Environmental Policy Act shall be utilized, including in the completion of feasibility studies, Draft Environmental Impact Statements (DEIS) and Final Environmental Impact Statements (FEIS): Provided further, That the Bureau of Reclamation need not complete the applicable feasibility study, DEIS or FEIS if the Commissioner determines, and the Secretary concurs, that the project can be expedited by a joint powers authority as a non-Federal project or if the project fails to meet applicable Federal cost-benefit requirements or standards: Provided further, That the Secretary shall not provide financial assistance towards these studies or projects, unless there is a demonstrable Federal interest.

43 U.S.C. § 374 Sale of lands acquired in connection with irrigation project

Whenever in the opinion of the Secretary of the Interior any lands which have been acquired under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), commonly called the “reclamation Act,” or under the provisions of any Act amendatory thereof or supplementary thereto, for any irrigation works contemplated by said reclamation Act are not needed for the purposes for which they were acquired, said Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons, to be appointed by him, and thereafter to sell the same for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land. Upon payment of the purchase price, the Secretary of the Interior is authorized by appropriate deed to convey all the right, title, and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been acquired.

43 U.S.C. § 375 Sale of land improved at expense of reclamation fund

Whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the Act of June 17, 1902, known as the Reclamation Act 11 So in original. Probably should be followed by a comma. and Acts amendatory thereof and supplementary thereto, which are not otherwise reserved and which have been improved by and at the expense of the reclamation fund for administration or other like purposes, are no longer needed for the purposes for which they were withdrawn and improved, the Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons to be appointed by him, and thereafter sell the same, for not less than the appraised value, at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land; not less than one-fifth the purchase price shall be paid at the time of sale, and the remainder in not more than four annual payments with interest at 6 per centum per annum, payable annually, on deferred payments. Upon payment of the purchase price the Secretary of the Interior is authorized, by appropriate patent, to convey all the right, title, and interest of the United States in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person, and if said lands are irrigable under the project in which located they shall be sold subject to compliance by the purchaser with all the terms, conditions, and limitations of the reclamation law applicable to lands of that character: Provided, That the accepted bidder must, prior to issuance of patent, furnish satisfactory evidence that he or she is a citizen of the United States. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been withdrawn.

43 U.S.C. § 375a Sale under sections 374 and 375 of lands appraised at not exceeding $300

The Secretary in his discretion, in any instances where property to be sold under section 374 or 375 of this title, is appraised at not to exceed $300, may sell said property at public or private sale without complying with the provisions of said sections as to notice, publication, and mode of sale.

43 U.S.C. § 375b Disposal of tracts too small to be classed farm units

In accordance with the provisions of sections 375b to 375f of this title and notwithstanding the provisions of any other law, the Secretary of the Interior, hereinafter styled the Secretary, is authorized, in connection with any Federal irrigation project for which water is available, and after finding that such action will be in furtherance of the irrigation project and the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplemental thereto, hereinafter styled the Reclamation Act, to dispose of any tract of withdrawn public land which, in the opinion of the Secretary, has less than sufficient acreage reasonably required for the support of a family and is too small to be opened to homestead entry and classed as a farm unit under the Reclamation Act.

43 U.S.C. § 375c Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable

The Secretary is authorized to sell such land to resident farm owners or resident entrymen, on the project upon which such land is located, at prices not less than that fixed by independent appraisal approved by the Secretary, and upon such terms and at private sale or at public auction as he may prescribe: Provided, That such resident farm landowner or resident entryman shall be permitted to purchase under sections 375b to 375f of this title not more than one hundred and sixty acres of such land, or an area which, together with land already owned or entered on such project shall not exceed one hundred and sixty irrigable acres.

43 U.S.C. § 375d Issuance of patent for small tracts; reservations

After the purchaser has paid to the United States all the amount on the purchase price of such land, a patent shall be issued. Such patents shall contain a reservation of a lien for water charges when deemed appropriate by the Secretary, and reservations of coal or other mineral rights to the same extent as patents issued under the homestead laws and also other reservations, limitations, or conditions as now provided by law.

43 U.S.C. § 375e Moneys from sale of small tracts covered into reclamation fund; credit

The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project on which such lands are located.

43 U.S.C. § 375f Rules and regulations

The Secretary of the Interior is authorized to perform any and all acts and to make rules and regulations necessary and proper for carrying out the purposes of sections 375b to 375f of this title.

43 U.S.C. § 376 Return of land donations not needed

Where real property or any interest therein heretofore has been, or hereafter shall be, donated and conveyed to the United States for use in connection with a project, and the Secretary decides not to utilize the donation, he is authorized without charge to reconvey such property or any part thereof to the donating grantor, or to the heirs, successors, or assigns of such grantor.

43 U.S.C. § 377 General expenses of Bureau of Reclamation chargeable to general reclamation fund

The cost and expense after June 30, 1945, of the office of the Commissioner in the District of Columbia, and, except for such cost and expense as are incurred on behalf of specific proj­ects, of general investigations and of nonproj­ect offices outside the District of Columbia, shall be charged to the reclamation fund and shall not be charged as a part of the reimbursable construction or operation and maintenance costs.

43 U.S.C. § 377a Limitation on use of funds where organizations or individuals are in arrears on contract charges

No funds appropriated to the Bureau of Reclamation for operation and maintenance in this Act or in subsequent Energy and Water Development Appropriations Acts, except those derived from advances by water users, shall on and after October 2, 1992, be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users’ organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.

43 U.S.C. § 377b Availability of appropriations for Bureau of Reclamation

Appropriations for the Bureau of Reclamation in this Act or in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation, not to exceed $5,000,000 for each causal event giving rise to a claim or claims; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; services as authorized by section 3109 of title 5, in total not to exceed $500,000 per year; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration”, Bureau of Reclamation, in the Interior Department Appropriations Act 11 So in original. Probably should be followed by a comma. 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in chapters 3125 and 3201 of title 54: Provided, That on and after October 2, 1992, no part of any appropriation made in this Act or in subsequent Energy and Water Development Appropriations Acts shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses”, amounts provided for plan formulation investigations under the head “General Investigations”, and amounts provided for science and technology under the head “Construction Program”. Sums appropriated in this Act or in subsequent Energy and Water Development Appropriations Acts which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act, in any prior Act, or in subsequent Energy and Water Development Appropriations Acts which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 1341 of title 31. None of the funds made available by this or any other Act or by any subsequent Act shall on and after October 2, 1992, be used by the Bureau of Reclamation for contracts for surveying and mapping services unless such contracts for which a solicitation is issued after the date of this Act 22 See References in Text note below. are awarded in accordance with title IX of the Federal Property and Administrative Service 33 So in original. Probably should be “Services”. Act of 1949.2

43 U.S.C. § 379 Purchase of scientific books, law books, etc.

The Secretary of the Interior may authorize the purchase of such law books, books of reference, periodicals, engineering and statistical publications as are needed in carrying out the surveys and examinations authorized by the Act of June seventeenth, nineteen hundred and two, entitled “An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories for the construction of irrigation works for the reclamation of arid lands.”

43 U.S.C. § 383 Vested rights and State laws unaffected

Nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this Act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof.

43 U.S.C. § 384 Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925

(a) The Secretary of the Interior is authorized and empowered, in his discretion, to defer the dates of payments of any charges, rentals, and penalties which have accrued prior to the 2d day of March, 1924, under the Act of June 17, 1902 (32 Stat. 388), and amendatory and supplemental acts or prior to that date, as against water users on any irrigation project being constructed or operated and maintained under the direction of the Commissioner of Indian Affairs, as may, in his judgment, be necessary in or concerning any irrigation project existing on May 9, 1924, under said act: Provided, That no payment shall be deferred under this section in any particular case beyond March 1, 1927: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to date of payment: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this section, any penalty provided by the law in effect on May 9, 1924, shall thereupon attach from the date of such default. (b) Where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the Act of June 17, 1902 (32 Stat. 388), or any act amendatory thereof or supplementary thereto, makes application prior to January 1, 1925, alleging that he will be unable to make the payments as required in subsection (a) hereof, the Secretary of the Interior is authorized in his discretion prior to March 1, 1925, to add such accrued and unpaid charges to the construction charge of the land of such water user or applicant, and to distribute such accumulated charges equally over each of the subsequent years, beginning with the year 1925, or, in the discretion of the Secretary, distribute a total of one-fourth over the first half of the remaining years of the 20-year period beginning with the year 1925, and three-fourths over the second half of such period, so as to complete the payment during the remaining years of the 20-year period of payment of the original construction charge: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is extended, shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to the date of payment: Provided further, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior detailed statement of his assets and liabilities and probable inability to make payment at the time required in subsection (a): And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this section, any penalty provided by law, prior to May 9, 1924, shall thereupon attach from the date of such default: And provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary.

43 U.S.C. § 385a Payments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project

The Secretary of the Interior, giving due consideration to the temporary nature of the requirements therefor, is authorized to make such provision as he deems to be necessary and in the public interest for the education of dependents of persons employed on the actual construction of projects or features of projects, by the Bureau of Reclamation, in any cases in which he finds that by reason of such construction activity, an undue burden is, or will be cast upon the facilities of the public-school districts serving the areas in which construction is being undertaken, and to pay for the same from any funds available for the construction of said projects: Provided, That the Secretary of the Interior shall enter into cooperative arrangements with local school districts wherein such features are situated to contribute toward covering the cost of furnishing the educational services required for such dependents, or for the operation by those school districts of Government facilities, or for the expansion of local school facilities. Such cost incurred hereunder shall be charged to the project concerned and shall be repayable in the same manner and to the same extent as are its other costs of construction.

43 U.S.C. § 386 Application of excess-land provisions of reclamation laws to certain lands

The excess-land provisions of the Federal reclamation laws shall not be applicable to lands which on June 16, 1938, had an irrigation water supply from sources other than a Federal reclamation project and which will receive a supplemental supply from the Colorado-Big Thompson project.

43 U.S.C. § 387 Removal of sand, gravel, etc.; leases, easements, etc.

The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand, gravel, and other minerals and building materials with or without competitive bidding: Provided, That removals may be permitted without charge if for use by a public agency in the construction of public roads or streets within any project or in its immediate vicinity; and (b) grant leases and licenses for periods not to exceed fifty years, and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: Provided, That, if a water users’ organization is under contract obligation for repayment on account of the project or division involved, easements or rights-of-way for periods in excess of twenty-five years shall be granted only upon prior written approval of the governing board of such organization. Such permits or grants shall be made only when, in the judgment of the Secretary, their exercise will not be incompatible with the purposes for which the lands or interests in lands are being administered, and shall be on such terms and conditions as in his judgment will adequately protect the interests of the United States and the project for which said lands or interests in lands are being administered.

43 U.S.C. § 388 Contracts for materials; liability of United States

When appropriations have been made for the commencement or continuation of construction or operation and maintenance of any project, the Secretary may, in connection with such construction or operation and maintenance, enter into contracts for miscellaneous services, for materials and supplies, as well as for construction, which may cover such periods of time as the Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor.

43 U.S.C. § 389 Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy

The Secretary is authorized, in connection with the construction or operation and maintenance of any project, (a) to purchase or condemn suitable lands or interests in lands for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is necessitated by said construction or operation and maintenance, and to perform any or all work involved in said relocations on said lands or interests in lands, other lands or interests in lands owned and held by the United States in connection with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to perform any or all work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary without regard to provisions of law governing the patenting of public lands. The Secretary is further authorized, for the purpose of orderly and economical construction or operation and maintenance of any project, to enter into such contracts for exchange or replacement of water, water rights, or electric energy or for the adjustment of water rights, as in his judgment are necessary and in the interests of the United States and the project.

43 U.S.C. § 390 Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation

On and after December 22, 1944, whenever the Secretary of the Army determines, upon recommendation by the Secretary of the Interior that any dam and reservoir project operated under the direction of the Secretary of the Army may be utilized for irrigation purposes, the Secretary of the Interior is authorized to construct, operate, and maintain, under the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), such additional works in connection therewith as he may deem necessary for irrigation purposes. Such irrigation works may be undertaken only after a report and findings thereon have been made by the Secretary of the Interior as provided in said Federal reclamation laws and after subsequent specific authorization of the Congress by an authorization Act; and, within the limits of the water users’ repayment ability such report may be predicated on the allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other purposes. Dams and reservoirs operated under the direction of the Secretary of the Army may be utilized after December 22, 1944, for irrigation purposes only in conformity with the provisions of this section, but the foregoing requirement shall not prejudice lawful uses now existing: Provided, That this section shall not apply to any dam or reservoir heretofore constructed in whole or in part by the Army engineers, which provides conservation storage of water for irrigation purposes. In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is authorized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is not under contract for delivery, for such periods as he may deem reasonable, for the interim use for irrigation purposes of such storage until such storage is required for municipal and industrial water supply. No contracts for the interim use of such storage shall be entered into which would significantly affect then-existing uses of such storage.

43 U.S.C. § 390b Development of water supplies for domestic, municipal, industrial, and other purposes

(a) Declaration of policyIt is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water supplies in connection with the construction, maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects. (b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projectsIn carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reasonable value thereof may be taken into account in estimating the economic value of the entire project: Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided further, That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to exceed 30 percent of the total estimated cost of any project may be allocated to anticipated future demands, and, (2) for Bureau of Reclamation projects, not to exceed 30 per centum of the total estimated cost of any project may be allocated to anticipated future demands where State or local interests give reasonable assurances, and there is reasonable evidence, that such demands for the use of such storage will be made within a period of time which will permit paying out the costs allocated to water supply within the life of the project: And provided further, That for Corps of Engineers projects, the Secretary of the Army may permit the full non-Federal contribution to be made, without interest, during construction of the project, or, with interest, over a period of not more than thirty years from the date of completion, with repayment contracts providing for recalculation of the interest rate at, five-year intervals, and for Bureau of Reclamation projects, the entire amount of the construction costs, including interest during construction, allocated to water supply shall be repaid within the life of the project but in no event to exceed fifty years after the project is first used for the storage of water for water supply purposes, except that (1) no payment need be made with respect to storage for future water supply until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before December 23, 2022, for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence. For Corps of Engineers projects, any repayment by a State or local interest shall be made with interest at a rate to be determined by the Secretary of the Treasury, taking into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or, when a recalculation is made), plus a premium of one-eighth of one percentage point for transaction costs. For Bureau of Reclamation projects, the interest rate used for purposes of computing interest during construction and interest on the unpaid balance shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. The provisions of this subsection insofar as they relate to the Bureau of Reclamation and the Secretary of the Interior shall be alternative to and not a substitute for the provisions of the Reclamation Projects Act of 1939 (53 Stat. 1187) [43 U.S.C. 485 et seq.] relating to the same subject. (c) Release of future water storage(1) Establishment of 10-year plans for the utilization of future storage(A) In generalFor the period beginning 180 days after June 10, 2014, and ending on January 1, 2016, the Secretary may accept from a State or local interest a plan for the utilization of allocated water storage for future use under this Act. (B) ContentsA plan submitted under subparagraph (A) shall include—(i) a 10-year timetable for the conversion of future use storage to present use; and (ii) a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Secretary, to seek new and alternative users of future water storage that is contracted to the State or local interest on June 10, 2014. (2) Future water storageFor water resource development projects managed by the Secretary, a State or local interest that the Secretary determines has complied with paragraph (1) may request from the Secretary a release to the United States of any right of the State or local interest to future water storage under this Act that was allocated for future use water supply prior to November 17, 1986. (3) Administration(A) In generalNot later than 180 days after receiving a request under paragraph (2), the Secretary shall provide to the applicable State or local interest a written decision on whether the Secretary recommends releasing future water storage rights. (B) RecommendationIf the Secretary recommends releasing future water storage rights, the Secretary shall include that recommendation in the annual plan submitted under section 2282d of title 33. (4) Savings clauseNothing in this subsection authorizes the Secretary to release a State or local interest from a contractual obligation unless specifically authorized by Congress. (d) Application to other lawsThe provisions of this section shall not be construed to modify the provisions of section 701–1 of title 33 and section 390 of this title, as amended and extended, or the provisions of sections 372 and 383 of this title. (e) Approval of Congress of modifications of reservoir projectsModifications of a reservoir project heretofore authorized, surveyed, planned, or constructed to include storage as provided in subsection (b) which would seriously affect the purposes for which the project was authorized, surveyed, planned, or constructed, or which would involve major structural or operational changes shall be made only upon the approval of Congress as now provided by law.

43 U.S.C. § 390b–1 Improving planning and administration of water supply storage

(1) In generalFor each water supply feature of a reservoir managed by the Secretary, the Secretary shall notify the applicable non-Federal interests before each fiscal year of the anticipated operation and maintenance activities for that fiscal year and each of the subsequent 4 fiscal years (including the cost of those activities) for which the non-Federal interests are required to contribute amounts. (2) ClarificationThe information provided to a non-Federal interest under paragraph (1) shall—(A) be an estimate which the non-Federal interest may use for planning purposes; and (B) not be construed as or relied upon by the non-Federal interest as the actual amounts that the non-Federal interest will be required to contribute.

43 U.S.C. § 390b–2 Leveraging Federal infrastructure for increased water supply

(a) In generalAt the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at a Federal water resources development project through—(1) modification of the project; (2) modification of how the project is managed; or (3) accessing water released from the project. (b) Proposals includedA proposal under subsection (a) may include—(1) increasing the storage capacity of the project; (2) diversion of water released or withdrawn from the project—(A) to recharge groundwater; (B) to aquifer storage and recovery; or (C) to any other storage facility; (3) construction of facilities for delivery of water from pumping stations constructed by the Secretary; (4) construction of facilities to access water; and (5) a combination of the activities described in paragraphs (1) through (4). (c) ExclusionsThis section shall not apply to a proposal that—(1) reallocates existing water supply or hydropower storage; or (2) reduces water available for any authorized project purpose. (d) Other Federal projectsIn any case in which a proposal relates to a Federal project that is not operated by the Secretary, this section shall apply only to activities under the authority of the Secretary. (e) Review process(1) NoticeOn receipt of a proposal submitted under subsection (a), the Secretary shall provide a copy of the proposal to each entity described in paragraph (2) and, if applicable, the Federal agency that operates the project, in the case of a project operated by an agency other than the Department of the Army. (2) Public participationIn reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary shall comply with all applicable public participation requirements under law, including consultation with—(A) affected States; (B) power marketing administrations, in the case of reservoirs with Federal hydropower projects; (C) entities responsible for operation and maintenance costs; (D) any entity that has a contractual right from the Federal Government or a State to withdraw water from, or use storage at, the project; (E) entities that the State determines hold rights under State law to the use of water from the project; and (F) units of local government with flood risk reduction responsibilities downstream of the project. (f) AuthoritiesA proposal submitted to the Secretary under subsection (a) may be reviewed and approved, if applicable and appropriate, under—(1) the specific authorization for the water resources development project; (2) section 549a of title 33; (3) section 390b of this title; and (4) section 408 of title 33. (g) LimitationsThe Secretary shall not approve a proposal submitted under subsection (a) that—(1) is not supported by the Federal agency that operates the project, if that agency is not the Department of the Army; (2) interferes with an authorized purpose of the project; (3) adversely impacts contractual rights to water or storage at the reservoir; (4) adversely impacts legal rights to water under State law, as determined by an affected State; (5) increases costs for any entity other than the entity that submitted the proposal; or (6) if a project is subject to section 390b(e) of this title, makes modifications to the project that do not meet the requirements of that section unless the modification is submitted to and authorized by Congress. (h) Cost share(1) In generalExcept as provided in paragraph (2), 100 percent of the cost of developing, reviewing, and implementing a proposal submitted under subsection (a) shall be provided by an entity other than the Federal Government. (2) Planning assistance to statesIn the case of a proposal from an entity authorized to receive assistance under section 1962d–16 of title 42, the Secretary may use funds available under that section to pay 50 percent of the cost of a review of a proposal submitted under subsection (a). (3) Operation and maintenance costs(A) In generalExcept as provided in subparagraphs (B) and (C), the operation and maintenance costs for the non-Federal sponsor of a proposal submitted under subsection (a) shall be 100 percent of the separable operation and maintenance costs associated with the costs of implementing the proposal. (B) Certain water supply storage projectsFor a proposal submitted under subsection (a) for constructing additional water supply storage at a reservoir for use under a water supply storage agreement, in addition to the costs under subparagraph (A), the non-Federal costs shall include the proportional share of any joint-use costs for operation, maintenance, repair, replacement, or rehabilitation of the reservoir project determined in accordance with section 390b of this title. (C) Voluntary contributionsAn entity other than an entity described in subparagraph (A) may voluntarily contribute to the costs of implementing a proposal submitted under subsection (a). (i) Contributed funds(1) Contributed funds for corps projectsThe Secretary may may receive and expend funds contributed by a non-Federal interest for the review and approval of a proposal submitted under subsection (a). (2) Contributed funds for other Federal reservoir projects(A) In generalThe Secretary is authorized to receive and expend funds from a non-Federal interest or a Federal agency that owns a Federal reservoir project described in subparagraph (B) to formulate, review, or revise operational documents pursuant to a proposal submitted in accordance with subsection (a) for such a Federal reservoir project. (B) Federal reservoir projects describedA Federal reservoir project referred to in subparagraph (A) is a reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of title 33. (j) AssistanceOn request by a non-Federal interest, the Secretary may provide technical assistance in the development or implementation of a proposal under subsection (a), including assistance in obtaining necessary permits for construction, if the non-Federal interest contracts with the Secretary to pay all costs of providing the technical assistance. (k) ExclusionThis section shall not apply to reservoirs in—(1) the Upper Missouri River; (2) the Apalachicola-Chattahoochee-Flint river system; (3) the Alabama-Coosa-Tallapoosa river system; and (4) the Stones River. (l) Effect of sectionNothing in this section affects or modifies any authority of the Secretary to review or modify reservoirs.

43 U.S.C. § 390c Water reservoirs; interests of States and local agencies in storage space

Cognizant that many States and local interests have in the past contributed to the Government, or have contracted to pay to the Government over a specified period of years, money equivalent to the cost of providing for them water storage space at Government-owned dams and reservoirs, constructed by the Corps of Engineers of the United States Army, and that such practices will continue, and, that no law defines the duration of their interest in such storage space, and realizing that such States and local interests assume the obligation of paying substantially their portion of the cost of providing such facilities, their right to use may be continued during the existence of the facility as hereinafter provided.

43 U.S.C. § 390d Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests

Sections 390c to 390f of this title are applicable to all dams and reservoirs heretofore or hereafter constructed by the United States Government (acting through the Corps of Engineers of the United States Army) wherein either a part of the construction cost thereof shall have been contributed or may be contributed by States or local interests (hereinafter called “local interests”) or local interests have acquired or may acquire rights to utilize certain storage space thereof by making payments during the period of such use as specified in the agreement with the Government and wherein the amount of money paid, exclusive of interest, is equivalent to the cost of providing that part of such dam and reservoir which is allocated to such use, whether such share of cost shall have been determined by the “incremental cost” method or by the “separable costs-remaining benefits” method or by any other method. Included among the dams and reservoirs affected by sections 390c to 390f of this title are those constructed by the Corps of Engineers of the Department of the Army, but nothing in sections 390c to 390f of this title shall be construed to affect or modify section 390 of this title.

43 U.S.C. § 390e Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract

The right thus acquired by any such local interest is declared to be available to the local interest so long as the space designated for that purpose may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, and not limited to the term of years which may be prescribed in any lease agreement or other agreement with the Government, but the enjoyment of such right will remain subject to performance of its obligations prescribed in such lease agreement or agreement executed in reference thereto. Such obligations will include continued payment of annual operation and maintenance costs allocated to water supply. In addition, local interests shall bear the costs allocated to the water supply of any necessary reconstruction, rehabilitation, or replacement of project features which may be required to continue satisfactory operation of the project. Any affected local interest may utilize such facility so long as it is operated by the Government. In the event that the Government concludes that it can no longer usefully and economically maintain and operate such facility, the responsible department or agency of the Government is authorized to negotiate a contract with the affected local interest under which the local interest may continue to operate such part of the facility as is necessary for utilization of the storage space allocated to it, under terms which will protect the public interest and provided that the Government is effectively absolved from all liability in connection with such operation.

43 U.S.C. § 390f Revision of leases or agreements to evidence conversion of rights to use of storage rights

Upon application of any affected local interest its existing lease or agreement with the Government will be revised to evidence the conversion of its rights to the use of the storage as prescribed in sections 390c to 390f of this title.

43 U.S.C. § 390g Groundwater recharge of aquifers; demonstration program

The Secretary of the Interior (hereinafter referred to as the “Secretary”), acting through the Bureau of Reclamation (hereinafter referred to as the “Bureau”), shall, in two phases, conduct an investigation of and establish demonstration projects for groundwater recharge of aquifers in the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming (such States to be hereinafter referred to as the “High Plains States”) and in the other States referred to in section 391 of this title (hereinafter referred to as “other Reclamation Act States”), as provided by sections 390g to 390g–8 of this title: Provided, That funds made available pursuant to sections 390g to 390g–8 of this title shall not be used for the study or construction of groundwater recharge demonstration projects in the High Plains States and other Reclamation Act States which would utilize water originating in the drainage basin of the Great Lakes. The Bureau shall consult with the United States Geological Survey and other appropriate agencies and departments of the United States and of the High Plains States and other Reclamation Act States in order to carry out sections 390g to 390g–8 of this title.

43 U.S.C. § 390g–1 Phase I of groundwater recharge demonstration program

(a) Development of detailed plan of demonstration projects; requisite features of planDuring phase I, the Bureau, in consultation with the High Plains States and other Reclamation Act States and other appropriate departments and agencies of the United States, including the United States Geological Survey, shall develop a detailed plan of demonstration projects the purpose of which is to determine whether various recharge technologies may be applied to diverse geologic and hydrologic conditions represented in the High Plains States and other Reclamation Act States. In the preparation and development of such plan, the Bureau shall make maximum use of data, planning studies and other technical resources and assistance available from State and local entities: Provided, That contributions of such technical resources and assistance may be counted as part of the inkind services or other State contribution, but shall otherwise be provided without compensation to the State or local entity. This plan shall contain the selection of not less than a total of twelve demonstration project sites in High Plains States and not less than a total of nine demonstration project sites in other Reclamation Act States. Demonstration project sites shall be confined to areas having a declining water table, an available surface water supply, and a high probability of physical, chemical, and economic feasibility for recharge of the groundwater reservoir. The plan shall provide for demonstration of the application of recharge technology and the selection of water sources, determination of necessary physical works and the operation of water replacement systems, formulation of a monitoring program, identification of any economic, legal, intergovernmental, and environmental issues and projection of planning problems associated with such systems, and recommendation of legislative and administrative actions as may be necessary to carry out phase II. (b) Recommendation of demonstration projectsDuring phase I the Bureau is authorized and directed to recommend demonstration projects to be designed, constructed, and operated during phase II. (c) Preliminary selection of projectsWithin six months, after the enactment of an appropriation Act to carry out phase I, the Secretary shall make a preliminary selection of projects to receive further planning and development and shall initiate such further planning and development for those selected projects.

43 U.S.C. § 390g–2 Phase II of groundwater recharge demonstration program

(a) Design, construction, and operation of projectsDuring phase II, and subject to State water laws and interstate water compacts, the Bureau is authorized and directed to design, construct, and operate demonstration projects in the High Plains States and other Reclamation Act States to recharge groundwater systems as recommended in the report referred to in subsection (c). (b) Alternative means of cost allocation; economic feasibility of projectsDuring phase II the Secretary, acting through the Bureau, shall contract with the various High Plains States and other Reclamation Act States to conduct a study to identify and evaluate alternative means by which the costs of groundwater recharge projects could be allocated among the beneficiaries of the projects within the respective States and identify and evaluate the economic feasibility of and the legal authority for utilizing groundwater recharge in water resource development projects. (c) Reports to Congress(1) Within twelve months after the initiation of phase II, and at annual intervals thereafter, the Secretary shall submit interim reports to Congress. Each report shall contain a detailed statement of his findings and progress respecting the design, construction, and operation of the demonstration projects referred to in subsection (a) and the study referred to in subsection (b). (2) Within five years after the initiation of phase II, the Secretary shall submit a summary report to Congress. The summary report shall contain—(A) a detailed evaluation of the demonstration projects referred to in subsection (a); (B) the results of the studies referred to in subsection (b); (C) specific recommendations regarding the location, scope, and feasibility of operational groundwater recharge projects to be constructed and maintained by the Bureau; and (D) an evaluation of the feasibility of integrating these groundwater recharge projects into existing reclamation projects. (3) In addition to recommendations made under section 390g–1 of this title, the Secretary shall make additional recommendations for design, construction, and operation of demonstration projects. Such projects are authorized to be designed, constructed, and operated in accordance with subsection (a). (4) Each project under this section shall terminate five years after the date on which construction on the project is completed. (5) At the conclusion of phase II the Secretary shall submit a final report to the Congress which shall include, but not be limited to, a detailed evaluation of the projects under this section.

43 U.S.C. § 390g–3 Evaluation of water quality impacts

The Secretary, acting through the Bureau, and the Administrator of the Environmental Protection Agency (hereinafter referred to as the “Administrator”) shall enter into a memorandum-of-understanding to provide for an evaluation of the impacts to surface water and groundwater quality resulting from the groundwater recharge demonstration projects constructed pursuant to sections 390g to 390g–8 of this title. The Administrator shall consult with the United States Geological Survey and shall make maximum use of data, studies, and other technical resources and assistance available from State and local entities in conducting the evaluation. The evaluation of water quality impacts shall be completed so as to be included in the Secretary’s summary report to the Congress referred to in section 390g–2(c)(2) of this title.

43 U.S.C. § 390g–4 Authorization of appropriations to carry out phase I

There is authorized to be appropriated $500,000 for fiscal years beginning after September 30, 1983, to carry out phase I. Amounts shall be made available pursuant to the authorization contained in this section in a single sum for all demonstration project sites, and it shall be within the discretion of the Secretary to apportion such sum among such sites.

43 U.S.C. § 390g–5 Authorization of appropriations to carry out phase II

There is authorized to be appropriated for fiscal years beginning after September 30, 1983, $31,000,000 (October 1990 price levels) plus or minus such amounts, if any, as may be required by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein to carry out phase II. Amounts shall be made available pursuant to the authorization contained in this section in sums for individual projects based on findings of feasibility by the Secretary.

43 U.S.C. § 390g–6 Matching basis for funding phase II from non-Federal sources

The funds authorized to be appropriated pursuant to section 390g–5 of this title shall match on a four-to-one basis funds made available by the States, their political subdivisions, or other non-Federal entities to meet the cost of phase II: Provided, That, inkind services or other contributions by the States, their political subdivisions, or other non-Federal entities shall be considered in the determination of the matching non-Federal share. The Secretary is authorized to enter into memoranda of agreement with any appropriate agencies or departments of the High Plains States and other Reclamation Act States to share the costs of phase II.

43 U.S.C. § 390g–7 New spending authority

Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 11 See References in Text note below. of title 2 which is provided under sections 390g to 390g–8 of this title (or under any amendment made by sections 390g to 390g–8 of this title) shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.

43 U.S.C. § 390g–8 Interstate transfer of water from Arkansas

No funds authorized to be appropriated by sections 390g to 390g–8 of this title shall be used for any activities associated with: (1) the interstate transfer of water from the State of Arkansas; or (2) the study or demonstration of the potential for the interstate transfer of water from the State of Arkansas.

43 U.S.C. § 390g–9 Aquifer recharge flexibility

(a) Short titleThis section may be cited as the “Aquifer Recharge Flexibility Act”. (b) DefinitionsIn this section:(1) BureauThe term “Bureau” means the Bureau of Reclamation. (2) CommissionerThe term “Commissioner” means the Commissioner of Reclamation. (3) Eligible landThe term “eligible land”, with respect to a Reclamation project, means land that—(A) is authorized to receive water under State law; and (B) shares an aquifer with land located in the service area of the Reclamation project. (4) Net water storage benefitThe term “net water storage benefit” means an increase in the volume of water that is—(A) stored in 1 or more aquifers; and (B)(i) available for use within the authorized service area of a Reclamation project; or (ii) stored on a long-term basis to avoid or reduce groundwater overdraft. (5) Reclamation facilityThe term “Reclamation facility” means each of the infrastructure assets that are owned by the Bureau at a Reclamation project. (6) Reclamation projectThe term “Reclamation project” means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law or the Act of August 11, 1939 (commonly known as the “Water Conservation and Utilization Act”) (53 Stat. 1418, chapter 717; 16 U.S.C. 590y et seq.), or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau for the reclamation of land. (c) Flexibility to allow greater aquifer recharge in Western States(1) Use of Reclamation facilities(A) In generalThe Commissioner may allow the use of excess capacity in Reclamation facilities for aquifer recharge of non-Reclamation project water, subject to applicable rates, charges, and public participation requirements, on the condition that—(i) the use—(I) shall not be implemented in a manner that is detrimental to—(aa) any power service or water contract for the Reclamation project; or (bb) any obligations for fish, wildlife, or water quality protection applicable to the Reclamation project; (II) shall be consistent with water quality guidelines for the Reclamation project; (III) shall comply with all applicable—(aa) Federal laws; and (bb) policies of the Bureau; and (IV) shall comply with all applicable State laws and policies; and (ii) the non-Federal party to an existing contract for water or water capacity in a Reclamation facility consents to the use of the Reclamation facility under this subsection. (B) Effect on existing contractsNothing in this subsection affects a contract—(i) in effect on December 27, 2020; and (ii) under which the use of excess capacity in a Bureau conveyance facility for carriage of non-Reclamation project water for aquifer recharge is allowed. (2) Aquifer recharge on eligible land(A) In generalSubject to subparagraphs (C) and (D), the Secretary may contract with a holder of a water service or repayment contract for a Reclamation project to allow the contractor, in accordance with applicable State laws and policies—(i) to directly use water available under the contract for aquifer recharge on eligible land; or (ii) to enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land. (B) Authorized project useThe use of a Reclamation facility for aquifer recharge under subparagraph (A) shall be considered an authorized use for the Reclamation project if requested by a holder of a water service or repayment contract for the Reclamation facility. (C) Modifications to contractsThe Secretary may contract with a holder of a water service or repayment contract for a Reclamation project under subparagraph (A) if the Secretary determines that a new contract or contract amendment described in that subparagraph is—(i) necessary to allow for the use of water available under the contract for aquifer recharge under this subsection; (ii) in the best interest of the Reclamation project and the United States; and (iii) approved by the contractor that is responsible for repaying the cost of construction, operations, and maintenance of the facility that delivers the water under the contract. (D) RequirementsThe use of Reclamation facilities for the use or transfer of water for aquifer recharge under this subsection shall be subject to the requirements that—(i) the use or transfer shall not be implemented in a manner that materially impacts any power service or water contract for the Reclamation project; and (ii) before the use or transfer, the Secretary shall determine that the use or transfer—(I) results in a net water storage benefit for the Reclamation project; or (II) contributes to the recharge of an aquifer on eligible land; and (iii) the use or transfer complies with all applicable—(I) Federal laws and policies; and (II) interstate water compacts. (3) Conveyance for aquifer recharge purposesThe holder of a right-of-way, easement, permit, or other authorization to transport water across public land administered by the Bureau of Land Management may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation of the right-of-way, easement, permit, or other authorization across public land. (4) EffectNothing in this section creates, impairs, alters, or supersedes a Federal or State water right. (5) ExemptionThis section shall not apply to the State of California. (6) Advisory groupThe Secretary may participate in any State-led collaborative, multi-stakeholder advisory group created in any watershed the purpose of which is to monitor, review, and assess aquifer recharge activities.

43 U.S.C. § 390h Program to investigate reclamation and reuse of wastewater and groundwater; general authority

(a) Program establishedThe Secretary of the Interior (hereafter “Secretary”), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto (hereafter “Federal reclamation laws”), is directed to undertake a program to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater, and to conduct research, including desalting, for the reclamation of wastewater and naturally impaired ground and surface waters. (b) States includedSuch program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) [43 U.S.C. 391] as amended, and the State of Hawaii. (c) Agreements and regulationsThe Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of sections 390h to 390h–39 of this title. (d) San Luis Unit of Central Valley Project, CaliforniaThe Secretary shall not investigate, promote or implement, pursuant to sections 390h to 390h–39 of this title, any project intended to reclaim and reuse agricultural wastewater generated in the service area of the San Luis Unit of the Central Valley Project, California, except those measures recommended for action by the San Joaquin Valley Drainage Program in the report entitled A Management Plan for Agricultural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley (September 1990). (e) Authorization of new water recycling and reuse projects(1) Submission to the Secretary(A) In generalNon-Federal interests may submit proposals for projects eligible to be authorized pursuant to this section in the form of completed feasibility studies to the Secretary. (B) Eligible projectsA project shall be considered eligible for consideration under this section if the project reclaims and reuses—(i) municipal, industrial, domestic, or agricultural wastewater; or (ii) impaired ground or surface waters. (C) GuidelinesWithin 60 days of the enactment of this Act the Secretary shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies. (2) Review by the SecretaryThe Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of—(A) determining whether the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and (B) the project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws. (3) Submission to CongressNot later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—(A) the results of the Secretary’s review of the study under paragraph (2), including a determination of whether the project is feasible; (B) any recommendations the Secretary may have concerning the plan or design of the project; and (C) any conditions the Secretary may require for construction of the project. (4) Eligibility for fundingThe non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Federal share of the costs of planning, designing and constructing the project pursuant to subsection (f). (f) Competitive grant program for the funding of water recycling and reuse projects(1) EstablishmentThe Secretary shall establish a competitive grant program under which the non-Federal project sponsor of any project determined by the Secretary to be feasible under subsection (e)(3)(A) shall be eligible to apply for funding for the planning, design, and construction of the project, subject to subsection (g)(2). (2) PriorityWhen funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph (3) and are located in an area that—(A) has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought at any time in the 4-year period before such funds are made available; or (B) was designated as a disaster area by a State during the 4-year period before such funds are made available. (3) CriteriaThe project criteria referred to in paragraph (2) are the following:(A) Projects that are likely to provide a more reliable water supply for States and local governments. (B) Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies. (C) Projects that are regional in nature. (D) Projects with multiple stakeholders. (E) Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements. (g) Authorization of appropriations(1) There is authorized to be appropriated to the Secretary of the Interior an additional $50,000,000 to remain available until expended. (2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to subsection (f) and transmits such recommendations to the appropriate committees of Congress.

43 U.S.C. § 390h–1 Appraisal investigations

(a) Purposes; recommendationsThe Secretary shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations issued to implement the provisions thereof, and shall include recommendations as to the preparation of a feasibility study of the potential reclamation and reuse measures. (b) Matters to be consideredAppraisal investigations undertaken by the Secretary or the non-Federal project sponsor pursuant to sections 390h to 390h–39 of this title shall consider, among other things—(1) all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation; (2) the current status of water reclamation technology and opportunities for development of improved technologies; (3) measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing; (4) measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects; and (5) measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner. (c) Consultation and cooperationThe Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to sections 390h to 390h–39 of this title. (d) Nonreimbursable costsCosts of such appraisal investigations shall be nonreimbursable.

43 U.S.C. § 390h–2 Feasibility studies

(a) General authority; Federal and non-Federal cost sharesThe Secretary is authorized to participate with appropriate Federal, State, regional, and local authorities in studies to determine the feasibility of water reclamation and reuse projects recommended for such study pursuant to section 390h–1 of this title. The Federal share of the costs of such feasibility studies shall not exceed 50 per centum of the total, except that the Secretary may increase the Federal share of the costs of such feasibility study if the Secretary determines, based upon a demonstration of financial hardship on the part of the non-Federal participant, that the non-Federal participant is unable to contribute at least 50 per centum of the costs of such study. The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the non-Federal participant that the Secretary determines will contribute substantially toward the conduct and completion of the study. (b) Federal share considered project costs; reimbursementThe Federal share of feasibility studies, including those described in sections 390h–4 and 390h–6 through 390h–8 of this title, shall be considered as project costs and shall be reimbursed in accordance with the Federal reclamation laws, if the project studied is implemented. (c) Matters to be consideredIn addition to the requirements of other Federal laws, feasibility studies conducted by the Secretary or the non-Federal project sponsor under sections 390h to 390h–39 of this title shall consider, among other things—(1) near- and long-term water demand and supplies in the study area; (2) all potential uses for reclaimed water; (3) at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration; (4) public health and environmental quality issues associated with use of reclaimed water; (5) whether development of the water reclamation and reuse measures under study would—(A) reduce, postpone, or eliminate development of new or expanded water supplies, (B) reduce or eliminate the use of existing diversions from natural watercourses or withdrawals from aquifers, or (C) reduce the demand on existing Federal water supply facilities; (6) the market or dedicated use for reclaimed water in the project’s service area; and (7) the financial capability of the non-Federal project sponsor to fund its proportionate share of the project’s construction costs on an annual basis.

43 U.S.C. § 390h–3 Research and demonstration projects

(a) Reclamation of wastewater and ground and surface watersThe Secretary is authorized to conduct research and to construct, operate, and maintain cooperative demonstration projects for the development and demonstration of appropriate treatment technologies for the reclamation of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters. The Federal share of the costs of demonstration projects shall not exceed 50 per centum of the total cost including operation and maintenance. Rights to inventions developed pursuant to this section shall be governed by the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480) [15 U.S.C. 3701 et seq.] as amended by the Technology Transfer Act of 1986 (Public Law 99–502). (b) Long Beach Desalination Research and Development Project(1) The Secretary, in cooperation with the city of Long Beach, the Central Basin Municipal Water District, and the Metropolitan Water District of Southern California may participate in the design, planning, and construction of the Long Beach Desalination Research and Development Project in Los Angeles County, California. (2) The Federal share of the cost of the project described in paragraph (1) shall not exceed 50 percent of the total. (3) The Secretary shall not provide funds for the operation or maintenance of the project described in paragraph (1). (c) Las Vegas Area Shallow Aquifer Desalination Research and Development Project(1) The Secretary, in cooperation with the Southern Nevada Water Authority, may participate in the design, planning, and construction of the Las Vegas Area Shallow Aquifer Desalination Research and Development Project in Clark County, Nevada. (2) The Federal share of the cost of the project described in paragraph (1) shall not exceed 50 percent of the total. (3) The Secretary shall not provide funds for the operation or maintenance of the project described in paragraph (1). (d) Federal contributionA Federal contribution in excess of 25 percent for a project under this section may not be made until after the Secretary determines that the project is not feasible without such Federal contribution.

43 U.S.C. § 390h–4 Southern California comprehensive water reclamation and reuse study

(a) General authorityThe Secretary is authorized to conduct a study to assess the feasibility of a comprehensive water reclamation and reuse system for Southern California. For the purpose of sections 390h to 390h–39 of this title, the term “Southern California” means those portions of the counties of Imperial, Los Angeles, Orange, San Bernadino,11 So in original. Probably should be “San Bernardino,”. Riverside, San Diego, and Ventura within the south coast and Colorado River hydrologic regions as defined by the California Department of Water Resources. (b) Cooperation with State; Federal shareThe Secretary shall conduct the study authorized by this section in cooperation with the State of California and appropriate local and regional entities. The Federal share of the costs associated with this study shall not exceed 50 per centum of the total. (c) ReportThe Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than six years after appropriation of funds authorized by sections 390h to 390h–39 of this title.

43 U.S.C. § 390h–5 San Jose area water reclamation and reuse program

(a) The Secretary, in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District, and local water suppliers, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Jose metropolitan service area. (b) The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.

43 U.S.C. § 390h–6 Phoenix metropolitan water reclamation study and program

(a) General authorityThe Secretary, in cooperation with the city of Phoenix, Arizona, shall participate in the planning, design, and construction of the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricultural and environmental purposes, groundwater recharge and indirect potable reuse in the Phoenix metropolitan area. (b) Federal shareThe Federal share of the costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.

43 U.S.C. § 390h–7 Tucson area water reclamation study

(a) General authorityThe Secretary, in cooperation with the State of Arizona and appropriate local and regional entities, shall conduct a feasibility study of comprehensive water reclamation and reuse system for Southern Arizona. For the purpose of this section, the term “Southern Arizona” means those portions of the counties of Pima, Santa Cruz, and Pinal within the Tucson Active Management Hydrologic Area as defined by the Arizona Department of Water Resources. (b) Federal shareThe Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total. (c) ReportThe Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than four years after appropriation of funds authorized by sections 390h to 390h–39 of this title.

43 U.S.C. § 390h–8 Lake Cheraw water reclamation and reuse study

(a) General authorityThe Secretary is authorized, in cooperation with the State of Colorado and appropriate local and regional entities, to conduct a study to assess and develop means of reclaiming the waters of Lake Cheraw, Colorado, or otherwise ameliorating, controlling and mitigating potential negative impacts of pollution in the waters of Lake Cheraw on groundwater resources or the waters of the Arkansas River. (b) Federal shareThe Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total. (c) ReportThe Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than two years after appropriation of funds authorized by sections 390h to 390h–39 of this title.

43 U.S.C. § 390h–9 San Francisco area water reclamation study

(a) General authorityThe Secretary, in cooperation with the city and county of San Francisco, shall conduct a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco area for the purposes of export and reuse elsewhere in California. (b) Federal shareThe Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total. (c) ReportThe Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than five years after appropriation of funds authorized by sections 390h to 390h–39 of this title.

43 U.S.C. § 390h–10 San Diego area water reclamation program

(a) The Secretary, in cooperation with the city of San Diego, California 11 So in original. Probably should be followed by a comma. or its successor agency in the management of the San Diego Area Wastewater Management District, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Diego metropolitan service area. (b) The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.

43 U.S.C. § 390h–11 Los Angeles area water reclamation and reuse project

(a) The Secretary is authorized to participate with the city and county of Los Angeles, State of California, West Basin Municipal Water District, and other appropriate authorities, in the design, planning, and construction of water reclamation and reuse projects to treat approximately one hundred and twenty thousand acre-feet per year of effluent from the city and county of Los Angeles, in order to provide new water supplies for industrial, environmental, and other beneficial purposes, to reduce the demand for imported water, and to reduce sewage effluent discharged into Santa Monica Bay. (b) The Secretary’s share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.

43 U.S.C. § 390h–12 San Gabriel basin demonstration project

(a) The Secretary, in cooperation with the Metropolitan Water District of Southern California and the Main San Gabriel Water Quality Authority or a successor public agency, is authorized to participate in the design, planning and construction of a conjunctive-use facility designed to improve the water quality in the San Gabriel groundwater basin and allow the utilization of the basin as a water storage facility; Provided, That this authority shall not be construed to limit the authority of the United States under any other Federal statute to pursue remedial actions or recovery of costs for work performed pursuant to this subsection. (b) The Secretary’s share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.

43 U.S.C. § 390h–12a North San Diego County Area Water Recycling Project

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the North San Diego County Area Water Recycling Project, consisting of projects to reclaim and reuse water within service areas of the San Elijo Joint Powers Authority, the Leucadia County Water District, the City of Carlsbad, and the Olivenhain Municipal Water District, California. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12b Calleguas Municipal Water District Recycling Project

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Calleguas Municipal Water District Recycling Project to reclaim and reuse water in the service area of the Calleguas Municipal Water District in Ventura County, California. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12c Central Valley Water Recycling Project

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Central Valley Water Recycling Project to reclaim and reuse water in the service areas of the Central Valley Reclamation Facility and the Salt Lake County Water Conservancy District in Utah. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12d St. George Area Water Recycling Project

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the St. George Area Water Recycling Project to reclaim and reuse water in the service area of the Washington County Water Conservancy District in Utah. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12e Watsonville Area Water Recycling Project

(a) AuthorizationThe Secretary, in cooperation with the City of Watsonville, California, is authorized to participate in the design, planning, and construction of the Watsonville Area Water Recycling Project to reclaim and reuse water in the Pajaro Valley in Santa Cruz County, California. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12f Southern Nevada Water Recycling Project

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Southern Nevada Water Recycling Project to reclaim and reuse water in the service area of the Southern Nevada Water Authority in Clark County, Nevada. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12g Albuquerque Metropolitan Area Water Reclamation and Reuse Project

(a) AuthorizationThe Secretary, in cooperation with the city of Albuquerque, New Mexico, is authorized to participate in the planning, design, and construction of the Albuquerque Metropolitan Area Water Reclamation and Reuse Project to reclaim and reuse industrial and municipal wastewater and reclaim and use naturally impaired ground water and nonpotable surface water in the Albuquerque metropolitan area. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12h El Paso Water Reclamation and Reuse Project

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation and Reuse Project to reclaim and reuse wastewater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12i Reclaimed water in Pasadena

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the City of Pasadena, California, reclaimed water project to obtain, store, and use reclaimed water in Pasadena and its service area, as well as neighboring communities. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12j Orange County Regional Water Reclamation Project

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Orange County Regional Water Reclamation Project, to reclaim and reuse water within the service area of the Orange County Water District in California. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12k City of West Jordan Water Reuse Project

(a) AuthorizationThe Secretary, in cooperation with the City of West Jordan, Utah, is authorized to participate in the design, planning, and construction of the City of West Jordan Water Reuse Project to recycle and reuse water in its service area from the South Valley Water Reclamation Facility Discharge Waters in Utah. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12l Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12m Mission Basin Brackish Groundwater Desalting Demonstration Project

(a) AuthorizationThe Secretary, in cooperation with the City of Oceanside, is authorized to participate in the design, planning, and construction of a 3,000,000 gallon per day expansion of the Mission Basin Brackish Groundwater Desalting Demonstration Project in Oceanside, California. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12n Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach

(a) AuthorizationThe Secretary, in cooperation with the Water Replenishment District of Southern California, the Orange County Water District in the State of California, and other appropriate authorities, is authorized to participate in the design, planning, and construction of water reclamation and reuse projects to treat approximately 10,000 acre-feet per year of effluent from the sanitation districts of Los Angeles County through the city of Long Beach. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12o San Joaquin Area Water Recycling and Reuse Project

(a) AuthorizationThe Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the San Joaquin Area Water Recycling and Reuse Project, in cooperation with the City of Tracy, and consisting of participating projects which will reclaim and reuse water within the County of San Joaquin in California. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–12p Tooele Wastewater Treatment and Reuse Project

(a) AuthorizationThe Secretary, in cooperation with Tooele City, Utah, is authorized to participate in the design, planning, and construction of the Tooele Wastewater Treatment and Reuse Project. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

43 U.S.C. § 390h–13 Authorization of appropriations

(a) In generalThere are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of sections 390h through 390h–12p of this title. (b) Prerequisite cost-sharing agreement(1) Funds may not be appropriated for the construction of any project authorized by sections 390h to 390h–39 of this title until after—(A) an appraisal investigation and a feasibility study that complies with the provisions of sections 390h–1(b) or 390h–2(c) of this title, as the case may be, have been completed by the Secretary or the non-Federal project sponsor; (B) the Secretary has determined that the non-Federal project sponsor is financially capable of funding the non-Federal share of the project’s costs; and (C) the Secretary has approved a cost-sharing agreement with the non-Federal project sponsor which commits the non-Federal project sponsor to funding its proportionate share of the project’s construction costs on an annual basis. (2) The requirements of paragraph (1) shall not apply to those projects authorized by sections 390h to 390h–39 of this title for which funds were appropriated prior to January 1, 1996. (c) Congressional notificationThe Secretary shall notify the Committees on Resources and Appropriations of the House of Representatives and the Committees on Energy and Natural Resources and Appropriations of the Senate within 30 days after the signing of a cost-sharing agreement pursuant to subsection (b) that such an agreement has been signed and that the Secretary has determined that the non-Federal project sponsor is financially capable of funding the project’s non-Federal share of the project’s costs. (d) Ceiling on Federal share(1) Notwithstanding any other provision of sections 390h to 390h–39 of this title and except as provided by paragraph (2), the Federal share of the costs of each of the individual projects authorized by sections 390h to 390h–39 of this title shall not exceed $20,000,000 (October 1996 prices). (2)(A) Subject to subparagraph (B), in the case of any project authorized by sections 390h to 390h–39 of this title for which construction funds were appropriated before January 1, 1996, the Federal share of the cost of such project may not exceed the amount specified as the “total Federal obligation” for that project in the budget justification made by the Bureau of Reclamation for fiscal year 1997, as contained in part 3 of the report of the hearing held on March 27, 1996, before the Subcommittee on Energy and Water Development of the Committee on Appropriations of the House of Representatives. (B) In the case of the San Gabriel Basin demonstration project authorized by section 390h–12 of this title, the Federal share of the cost of such project may not exceed the sum determined by adding—(i) the amount that applies to that project under subparagraph (A); and (ii) $6,500,000.

43 U.S.C. § 390h–14 Groundwater study

(a) Investigation, analysis, and reportIn furtherance of the High Plains Groundwater Demonstration Program Act of 1983 (98 Stat. 1675) [43 U.S.C. 390g et seq.], the Secretary of the Interior, acting through the Bureau of Reclamation and the Geological Survey, shall conduct an investigation and analysis of the impacts of existing Bureau of Reclamation projects on the quality and quantity of groundwater resources. Based on such investigation and analysis, the Secretary shall prepare a reclamation groundwater management and technical assistance report which shall include—(1) a description of the findings of the investigation and analysis, including the methodology employed; (2) a description of methods for optimizing Bureau of Reclamation project operations to ameliorate adverse impacts on groundwater,11 So in original. The comma probably should be a semicolon. and (3) the Secretary’s recommendations, along with the recommendations of the Governors of the affected States, concerning the establishment of a groundwater management and technical assistance program in the Department of the Interior in order to assist Federal and non-Federal entity development and implementation of groundwater management plans and activities. (b) Consultation with GovernorsIn conducting the investigation and analysis, and in preparation of the report referred to in this section, the Secretary shall consult with the Governors of the affected States. (c) ReportThe report shall be submitted to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate within three years of the appropriation of funds authorized by section 390h–15 of this title.

43 U.S.C. § 390h–15 Authorization of appropriations

There is authorized to be appropriated for fiscal years beginning after September 30, 1992, $4,000,000 to carry out the study authorized by section 390h–14 of this title.

43 U.S.C. § 390h–16 Willow Lake Natural Treatment System Project

(a) AuthorizationThe Secretary, in cooperation with the city of Salem, Oregon, is authorized to participate in the design, planning, and construction of the Willow Lake Natural Treatment System Project to reclaim and reuse wastewater within and without the service area of the city of Salem. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.

43 U.S.C. § 390h–17 Lakehaven, Washington, Water Reclamation and Reuse Project

(a) AuthorizationThe Secretary, in cooperation with the Lakehaven Utility District, Washington, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the Lakehaven Utility District. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.

43 U.S.C. § 390h–18 Irvine basin groundwater and surface water improvement projects

(a) AuthorizationThe Secretary, in cooperation with the Irvine Ranch Water District, California, is authorized to participate in the design, planning, and construction of projects to naturally treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the San Diego Creek Watershed. (b) Cost shareThe Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation or maintenance of a project authorized by this section.

43 U.S.C. § 390h–19 Williamson County, Texas, water recycling and reuse project

(a) AuthorizationThe Secretary, in cooperation with the Lower Colorado River Authority, Texas, is authorized to participate in the design, planning, and construction of permanent facilities to reclaim and reuse water in Williamson County, Texas. (b) Cost shareThe Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a).

43 U.S.C. § 390h–20 Hawaii reclamation projects

(a) AuthorizationThe Secretary may—(1) in cooperation with the Board of Water Supply, City and County of Honolulu, Hawaii, participate in the design, planning, and construction of a project in Kalaeloa, Hawaii, to desalinate and distribute seawater for direct potable use within the service area of the Board; (2) in cooperation with the County of Hawaii Department of Environmental Management, Hawaii, participate in the design, planning, and construction of facilities in Kealakehe, Hawaii, for the treatment and distribution of recycled water and for environmental purposes within the County; and (3) in cooperation with the County of Maui Wastewater Reclamation Division, Hawaii, participate in the design, planning, and construction of, and acquire land for, facilities in Lahaina, Hawaii, for the distribution of recycled water from the Lahaina Wastewater Reclamation Facility for non-potable uses within the County. (b) Cost shareThe Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) LimitationFunds provided by the Secretary shall not be used for the operation and maintenance of a project described in subsection (a). (d) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section.

43 U.S.C. § 390h–21 Inland Empire regional water recycling project

(a) In generalThe Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 390h–4(c) of this title. (b) Cost sharingThe Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) LimitationFunds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a). (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section, $20,000,000.

43 U.S.C. § 390h–23 Southern California desert region integrated water and economic sustainability plan

(a) AuthorizationThe Secretary, in cooperation with the Mojave Water Agency is authorized to participate in the design, planning, and construction of projects to implement the “Mojave Water Agency’s Integrated Regional Water Management Plan”. (b) Cost shareThe Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost. (c) Authorization of appropriationsThere is authorized to be appropriated to carry out this section, $20,000,000.

43 U.S.C. § 390h–25 Mountain View, Moffett Area reclaimed water pipeline project

(a) AuthorizationThe Secretary, in cooperation with the City of Palo Alto, California, and the City of Mountain View, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $5,000,000.

43 U.S.C. § 390h–26 Pittsburg recycled water project

(a) AuthorizationThe Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $1,750,000.

43 U.S.C. § 390h–27 Antioch recycled water project

(a) AuthorizationThe Secretary, in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $2,250,000.

43 U.S.C. § 390h–28 North Coast County Water District recycled water project

(a) AuthorizationThe Secretary, in cooperation with the North Coast County Water District, is authorized to participate in the design, planning, and construction of recycled water system facilities. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $2,500,000.

43 U.S.C. § 390h–29 Redwood City recycled water project

(a) AuthorizationThe Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $1,100,000.

43 U.S.C. § 390h–30 South Santa Clara County recycled water project

(a) AuthorizationThe Secretary, in cooperation with the South County Regional Wastewater Authority and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water system distribution facilities. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $7,000,000.

43 U.S.C. § 390h–31 South Bay advanced recycled water treatment facility

(a) AuthorizationThe Secretary, in cooperation with the City of San Jose, California, and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water treatment facilities. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $8,250,000.

43 U.S.C. § 390h–32 Rancho California Water District project, California

(a) AuthorizationThe Secretary, in cooperation with the Rancho California Water District, California, may participate in the design, planning, and construction of permanent facilities for water recycling, demineralization, and desalination, and distribution of non-potable water supplies in Southern Riverside County, California. (b) Cost sharingThe Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project or $20,000,000, whichever is less. (c) LimitationFunds provided by the Secretary under this section shall not be used for operation or maintenance of the project described in subsection (a).

43 U.S.C. § 390h–33 Elsinore Valley Municipal Water District projects, California

(a) AuthorizationThe Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and provide recycled water in the Elsinore Valley Municipal Water District, California. (b) Cost sharingThe Federal share of the cost of each project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) LimitationFunds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a). (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $12,500,000.

43 U.S.C. § 390h–34 North Bay Water Reuse Program

(a) DefinitionsIn this section:(1) Eligible entityThe term “eligible entity” 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 projectThe 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. (3) StateThe term “State” means the State of California. (b) North Bay Water Reuse Program(1) In generalContingent upon a finding of feasibility, the Secretary, acting through a cooperative 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 agenciesIn carrying out this section, the Secretary and the eligible entity shall, to the maximum extent practicable, use the design work and environmental evaluations initiated by—(A) non-Federal entities; and (B) the Corps of Engineers in the San Pablo Bay Watershed of the State. (3) Phased projectA cooperative agreement described in paragraph (1) shall require that the North Bay Water Reuse Program carried out under this section shall consist of 2 phases as follows:(A) First phaseDuring 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 phaseDuring 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 shareThe Federal share of the cost of the first phase of the project authorized by this section shall not exceed 25 percent of the total cost of the first phase of the project. (B) Form of non-Federal shareThe non-Federal share may be in the form of any in-kind services that the Secretary determines 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, design, and construction of the water reclamation and reuse project; and (ii) the acquisition costs of land acquired for the project that is—(I) used for planning, design, and construction of the water reclamation and reuse project facilities; and (II) owned by an eligible entity and directly related to the project. (C) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (5) EffectNothing 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 appropriationsThere is authorized to be appropriated for the Federal share of the total cost of the first phase of the project authorized by this section $25,000,000, to remain available until expended.

43 U.S.C. § 390h–38 Yucaipa Valley regional water supply renewal project

(a) AuthorizationThe Secretary, in cooperation with the Yucaipa Valley Water District, may participate in the design, planning, and construction of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed as described in the report submitted under section 390h–4 of this title. (b) Cost sharingThe Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) LimitationFunds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $20,000,000.

43 U.S.C. § 390h–39 City of Corona Water Utility, California, water recycling and reuse project

(a) AuthorizationThe Secretary, in cooperation with the City of Corona Water Utility, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Corona Water Utility, California. (b) Cost shareThe Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) LimitationThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.

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