Collapse to view only § 373b. Law enforcement authority at Bureau of Reclamation facilities

§ 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.
(Dec. 5, 1924, ch. 4, § 4, subsec. A, 43 Stat. 701.)
§ 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.

(June 17, 1902, ch. 1093, § 8, 32 Stat. 390.)
§ 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.

(June 17, 1902, ch. 1093, § 10, 32 Stat. 390; Aug. 13, 1914, ch. 247, § 15, 38 Stat. 690.)
§ 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.

(May 26, 1926, ch. 401, 44 Stat. 657; Pub. L. 97–293, title II, § 229, Oct. 12, 1982, 96 Stat. 1274.)
§ 373a–1. Repealed. Pub. L. 88–426, title III, § 305(35), Aug. 14, 1964, 78 Stat. 426
§ 373b. Law enforcement authority at Bureau of Reclamation facilities
(a) Public safety regulations
(b) Violations; criminal penalties
(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 employees
(2) Application of Federal Tort Claims Act
(3) Availability of workers compensation
(f) Concurrent jurisdiction
(g) Regulations
(Pub. L. 107–69, § 1, Nov. 12, 2001, 115 Stat. 593.)
§ 373c. Definitions
In this section and section 373b of this title:
(1) Law enforcement personnel
(2) Reclamation project; reclamation lands
(Pub. L. 107–69, § 2, Nov. 12, 2001, 115 Stat. 595.)
§ 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.].

(Pub. L. 108–7, div. D, title II, § 201, Feb. 20, 2003, 117 Stat. 144.)
§ 373e. Bureau of Reclamation site security
(a) Treatment of capital costs
(b) Treatment of security-related operation and maintenance costs
(1) Reimbursable costs
(2) Costs collected through water rates
(c) Transparency and report to Congress
(1) Policies and procedures
(2) Notice
On 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) Consultation
The 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; notice
Before 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) Report
(d) Pre-September 11, 2001 security cost levels
(Pub. L. 110–229, title V, § 513, May 8, 2008, 122 Stat. 843.)
§ 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.

(Pub. L. 113–76, div. D, title II, § 208, Jan. 17, 2014, 128 Stat. 164.)
§ 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.

(Feb. 2, 1911, ch. 32, §§ 1–3, 36 Stat. 895.)
§ 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 1

1 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 anspan, 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.

(May 20, 1920, ch. 192, §§ 1–3, 41 Stat. 605, 606.)
§ 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.

(Aug. 4, 1939, ch. 418, § 11, 53 Stat. 1197.)
§ 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.

(Mar. 31, 1950, ch. 78, § 1, 64 Stat. 39.)
§ 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.

(Mar. 31, 1950, ch. 78, § 2, 64 Stat. 39.)
§ 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.

(Mar. 31, 1950, ch. 78, § 3, 64 Stat. 40.)
§ 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.

(Mar. 31, 1950, ch. 78, § 4, 64 Stat. 40.)
§ 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.

(Mar. 31, 1950, ch. 78, § 5, 64 Stat. 40.)
§ 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.

(Dec. 5, 1924, ch. 4, § 4, subsec. Q, 43 Stat. 704.)
§ 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.

(Dec. 5, 1924, ch. 4, § 4, subsec. O, 43 Stat. 704; Apr. 19, 1945, ch. 80, 59 Stat. 54.)
§ 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.

(Pub. L. 102–377, title II, Oct. 2, 1992, 106 Stat. 1331.)
§ 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 1

1 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 2

2 See References in Text note below.
are awarded in accordance with title IX of the Federal Property and Administrative Service 3
3 So in original. Probably should be “Services”.
Act of 1949.2

(Pub. L. 102–377, title II, Oct. 2, 1992, 106 Stat. 1330, 1331; Pub. L. 108–137, title II, § 206, Dec. 1, 2003, 117 Stat. 1849; Pub. L. 113–287, § 5(l)(1), Dec. 19, 2014, 128 Stat. 3270.)
§ 378. Omitted
§ 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.”

(May 27, 1908, ch. 200, 35 Stat. 350.)
§ 380. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029
§§ 380a, 380b. Omitted
§ 381. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 639
§ 382. Repealed. Pub. L. 87–304, § 9(a)(3), Sept. 26, 1961,
§ 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.

(June 17, 1902, ch. 1093, § 8, 32 Stat. 390.)
§ 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.
(May 9, 1924, ch. 150, §§ 1, 2, 43 Stat. 116.)
§ 385. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 649
§ 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.

(June 29, 1948, ch. 733, § 1, 62 Stat. 1108.)
§ 385b. Repealed. Pub. L. 86–533, § 1(18), June 29, 1960, 74 Stat. 248
§ 385c. Omitted
§ 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.

(June 16, 1938, ch. 485, 52 Stat. 764.)
§ 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.

(Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196; Aug. 18, 1950, ch. 752, 64 Stat. 463.)
§ 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.

(Aug. 4, 1939, ch. 418, § 12, 53 Stat. 1197.)
§ 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.

(Aug. 4, 1939, ch. 418, § 14, 53 Stat. 1197.)
§ 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.

(Dec. 22, 1944, ch. 665, § 8, 58 Stat. 891; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 99–662, title IX, § 931, Nov. 17, 1986, 100 Stat. 4196.)
§ 390a. Repealed. Pub. L. 105–362, title IX, § 901(e)(2), Nov. 10, 1998, 112 Stat. 3289
§ 390b. Development of water supplies for domestic, municipal, industrial, and other purposes
(a) Declaration of policy
(b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects
(c) Release of future water storage
(1) Establishment of 10-year plans for the utilization of future storage
(A) In general
(B) Contents
A 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 storage
(3) Administration
(A) In general
(B) Recommendation
(4) Savings clause
(d) Application to other laws
(e) Approval of Congress of modifications of reservoir projects
(Pub. L. 85–500, title III, § 301, July 3, 1958, 72 Stat. 319; Pub. L. 87–88, § 10, July 20, 1961, 75 Stat. 210; Pub. L. 99–662, title IX, § 932(a), Nov. 17, 1986, 100 Stat. 4196; Pub. L. 113–121, title I, §§ 1046(d), 1051(a), June 10, 2014, 128 Stat. 1254, 1259; Pub. L. 114–322, title I, § 1187, Dec. 16, 2016, 130 Stat. 1681; Pub. L. 117–263, div. H, title LXXXI, § 8389, Dec. 23, 2022, 136 Stat. 3831.)
§ 390b–1. Improving planning and administration of water supply storage
(1) In general
(2) Clarification
The 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.
(Pub. L. 113–121, title I, § 1046(b), June 10, 2014, 128 Stat. 1254.)
§ 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 projects
(e) Review process
(1) Notice
(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 general
(2) Planning assistance to states
(3) Operation and maintenance costs
(A) In general
(B) Certain water supply storage projects
(C) Voluntary contributions
(i) Contributed funds
(1) Contributed funds for corps projects
(2) Contributed funds for other Federal reservoir projects
(j) 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 section
(Pub. L. 114–322, title I, § 1118, Dec. 16, 2016, 130 Stat. 1640; Pub. L. 116–260, div. AA, title I, § 162, Dec. 27, 2020, 134 Stat. 2667.)
§ 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.

(Pub. L. 88–140, § 1, Oct. 16, 1963, 77 Stat. 249.)
§ 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.

(Pub. L. 88–140, § 2, Oct. 16, 1963, 77 Stat. 249.)
§ 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.

(Pub. L. 88–140, § 3, Oct. 16, 1963, 77 Stat. 249.)
§ 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.

(Pub. L. 88–140, § 4, Oct. 16, 1963, 77 Stat. 250.)
§ 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.

(Pub. L. 98–434, § 2, Sept. 28, 1984, 98 Stat. 1675.)
§ 390g–1. Phase I of groundwater recharge demonstration program
(a) Development of detailed plan of demonstration projects; requisite features of plan
(b) Recommendation of demonstration projects
(c) Preliminary selection of projects
(Pub. L. 98–434, § 3, Sept. 28, 1984, 98 Stat. 1675; Pub. L. 104–66, title I, § 1081(c), Dec. 21, 1995, 109 Stat. 721.)
§ 390g–2. Phase II of groundwater recharge demonstration program
(a) Design, construction, and operation of projects
(b) Alternative means of cost allocation; economic feasibility of 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.
(Pub. L. 98–434, § 4, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102–575, title XXVI, § 2601(1), (2), Oct. 30, 1992, 106 Stat. 4689.)
§ 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

(Pub. L. 98–434, § 5, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102–575, title XXVI, § 2601(1), Oct. 30, 1992, 106 Stat. 4689.)
§ 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.

(Pub. L. 98–434, § 6, Sept. 28, 1984, 98 Stat. 1677.)
§ 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.

(Pub. L. 98–434, § 7, Sept. 28, 1984, 98 Stat. 1677; Pub. L. 102–575, title XXVI, § 2601(3), Oct. 30, 1992, 106 Stat. 4689.)
§ 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.

(Pub. L. 98–434, § 8, Sept. 28, 1984, 98 Stat. 1677.)
§ 390g–7. New spending authority

Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1

1 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.

(Pub. L. 98–434, § 9, Sept. 28, 1984, 98 Stat. 1677.)
§ 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.
(Pub. L. 98–434, § 10, Sept. 28, 1984, 98 Stat. 1677.)
§ 390g–9. Aquifer recharge flexibility
(a) Short title
(b) DefinitionsIn this section:
(1) Bureau
(2) Commissioner
(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 facility
(6) Reclamation project
(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 use
(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 purposes
(4) Effect
(5) Exemption
(6) Advisory group
(Pub. L. 116–260, div. FF, title XI, § 1105, Dec. 27, 2020, 134 Stat. 3237.)
§ 390h. Program to investigate reclamation and reuse of wastewater and groundwater; general authority
(a) Program established
(b) States included
(c) Agreements and regulations
(d) San Luis Unit of Central Valley Project, California
(e) Authorization of new water recycling and reuse projects
(1) Submission to the Secretary
(A) In general
(B) Eligible projects
A 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) Guidelines
(2) Review by the Secretary
The 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 Congress
Not 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 funding
(f) Competitive grant program for the funding of water recycling and reuse projects
(1) Establishment
(2) Priority
When 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) Criteria
The 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.
(Pub. L. 102–575, title XVI, § 1602, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 106–566, title I, § 104(a), Dec. 23, 2000, 114 Stat. 2819; Pub. L. 114–322, title III, § 4009(c), Dec. 16, 2016, 130 Stat. 1868.)
§ 390h–1. Appraisal investigations
(a) Purposes; recommendations
(b) Matters to be considered
Appraisal 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 cooperation
(d) Nonreimbursable costs
(Pub. L. 102–575, title XVI, § 1603, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 104–266, § 3, Oct. 9, 1996, 110 Stat. 3295.)
§ 390h–2. Feasibility studies
(a) General authority; Federal and non-Federal cost shares
(b) Federal share considered project costs; reimbursement
(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.
(Pub. L. 102–575, title XVI, § 1604, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 104–266, § 4, Oct. 9, 1996, 110 Stat. 3295.)
§ 390h–3. Research and demonstration projects
(a) Reclamation of wastewater and ground and surface waters
(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 contribution
(Pub. L. 102–575, title XVI, § 1605, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 104–266, § 5, Oct. 9, 1996, 110 Stat. 3295.)
§ 390h–4. Southern California comprehensive water reclamation and reuse study
(a) General authority
(b) Cooperation with State; Federal share
(c) Report
(Pub. L. 102–575, title XVI, § 1606, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)
§ 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.
(Pub. L. 102–575, title XVI, § 1607, Oct. 30, 1992, 106 Stat. 4666.)
§ 390h–6. Phoenix metropolitan water reclamation study and program
(a) General authority
(b) Federal share
(Pub. L. 102–575, title XVI, § 1608, Oct. 30, 1992, 106 Stat. 4666; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 106–53, title V, § 596, Aug. 17, 1999, 113 Stat. 384.)
§ 390h–7. Tucson area water reclamation study
(a) General authority
(b) Federal share
(c) Report
(Pub. L. 102–575, title XVI, § 1609, Oct. 30, 1992, 106 Stat. 4666; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)
§ 390h–8. Lake Cheraw water reclamation and reuse study
(a) General authority
(b) Federal share
(c) Report
(Pub. L. 102–575, title XVI, § 1610, Oct. 30, 1992, 106 Stat. 4667; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)
§ 390h–9. San Francisco area water reclamation study
(a) General authority
(b) Federal share
(c) Report
(Pub. L. 102–575, title XVI, § 1611, Oct. 30, 1992, 106 Stat. 4667; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 104–266, § 6, Oct. 9, 1996, 110 Stat. 3296.)
§ 390h–10. San Diego area water reclamation program
(a) The Secretary, in cooperation with the city of San Diego, California 1
1 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.
(Pub. L. 102–575, title XVI, § 1612, Oct. 30, 1992, 106 Stat. 4667.)
§ 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.
(Pub. L. 102–575, title XVI, § 1613, Oct. 30, 1992, 106 Stat. 4667.)
§ 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.
(Pub. L. 102–575, title XVI, § 1614, Oct. 30, 1992, 106 Stat. 4668.)
§ 390h–12a. North San Diego County Area Water Recycling Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1615, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)
§ 390h–12b. Calleguas Municipal Water District Recycling Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1616, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)
§ 390h–12c. Central Valley Water Recycling Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1617, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)
§ 390h–12d. St. George Area Water Recycling Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1618, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)
§ 390h–12e. Watsonville Area Water Recycling Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1619, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)
§ 390h–12f. Southern Nevada Water Recycling Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1620, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)
§ 390h–12g. Albuquerque Metropolitan Area Water Reclamation and Reuse Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1621, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 105–62, title V, § 506, Oct. 13, 1997, 111 Stat. 1339.)
§ 390h–12h. El Paso Water Reclamation and Reuse Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1622, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)
§ 390h–12i. Reclaimed water in Pasadena
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1623, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)
§ 390h–12j. Orange County Regional Water Reclamation Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1624, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 111–11, title IX, § 9111(c), Mar. 30, 2009, 123 Stat. 1318.)
§ 390h–12k. City of West Jordan Water Reuse Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1625, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)
§ 390h–12l. Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1626, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)
§ 390h–12m. Mission Basin Brackish Groundwater Desalting Demonstration Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1627, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)
§ 390h–12n. Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1628, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)
§ 390h–12o. San Joaquin Area Water Recycling and Reuse Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1629, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)
§ 390h–12p. Tooele Wastewater Treatment and Reuse Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1630, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)
§ 390h–13. Authorization of appropriations
(a) In general
(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 notification
(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.
(Pub. L. 102–575, title XVI, § 1631, formerly § 1615, Oct. 30, 1992, 106 Stat. 4668; renumbered § 1631 and amended Pub. L. 104–266, §§ 2(a)(1), (b)(1), 7, Oct. 9, 1996, 110 Stat. 3290, 3294, 3296; Pub. L. 108–418, § 1, Nov. 30, 2004, 118 Stat. 2340.)
§ 390h–14. Groundwater study
(a) Investigation, analysis, and report
In 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,1
1 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 Governors
(c) Report
(Pub. L. 102–575, title XVI, § 1632, formerly § 1616, Oct. 30, 1992, 106 Stat. 4668; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594; renumbered § 1632 and amended Pub. L. 104–266, § 2(a)(1), (b)(2), Oct. 9, 1996, 110 Stat. 3290, 3294.)
§ 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.

(Pub. L. 102–575, title XVI, § 1633, formerly § 1617, Oct. 30, 1992, 106 Stat. 4669; renumbered § 1633 and amended Pub. L. 104–266, § 2(a)(1), (b)(3), Oct. 9, 1996, 110 Stat. 3290, 3294.)
§ 390h–16. Willow Lake Natural Treatment System Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1634, as added Pub. L. 105–321, § 6(a), Oct. 30, 1998, 112 Stat. 3025.)
§ 390h–17. Lakehaven, Washington, Water Reclamation and Reuse Project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1635, as added Pub. L. 107–344, § 1, Dec. 17, 2002, 116 Stat. 2893.)
§ 390h–17a. Transferred
§ 390h–18. Irvine basin groundwater and surface water improvement projects
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1636, as added Pub. L. 108–233, § 2(a), May 28, 2004, 118 Stat. 654.)
§ 390h–19. Williamson County, Texas, water recycling and reuse project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1637, formerly § 1636, as added Pub. L. 108–316, § 1(b), Oct. 5, 2004, 118 Stat. 1202; renumbered § 1637, Pub. L. 109–70, § 2(a)(1), Sept. 21, 2005, 119 Stat. 2009.)
§ 390h–20. Hawaii reclamation projects
(a) Authorization
The 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 share
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1638, as added Pub. L. 109–70, § 2(a)(2), Sept. 21, 2005, 119 Stat. 2009.)
§ 390h–21. Inland Empire regional water recycling project
(a) In general
(b) Cost sharing
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 16——, as added Pub. L. 110–161, div. C, title II, § 210, Dec. 26, 2007, 121 Stat. 1954.)
§ 390h–22. Omitted
§ 390h–23. Southern California desert region integrated water and economic sustainability plan
(a) Authorization
(b) Cost share
(c) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 16——, as added Pub. L. 110–161, div. C, title II, § 214(a), Dec. 26, 2007, 121 Stat. 1955.)
§ 390h–24. Omitted
§ 390h–25. Mountain View, Moffett Area reclaimed water pipeline project
(a) Authorization
(b) Cost share
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1642, as added Pub. L. 110–229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 841.)
§ 390h–26. Pittsburg recycled water project
(a) Authorization
(b) Cost share
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1643, as added Pub. L. 110–229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 841.)
§ 390h–27. Antioch recycled water project
(a) Authorization
(b) Cost share
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1644, as added Pub. L. 110–229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 841.)
§ 390h–28. North Coast County Water District recycled water project
(a) Authorization
(b) Cost share
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1645, as added Pub. L. 110–229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 842.)
§ 390h–29. Redwood City recycled water project
(a) Authorization
(b) Cost share
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1646, as added Pub. L. 110–229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 842.)
§ 390h–30. South Santa Clara County recycled water project
(a) Authorization
(b) Cost share
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1647, as added Pub. L. 110–229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 842.)
§ 390h–31. South Bay advanced recycled water treatment facility
(a) Authorization
(b) Cost share
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1648, as added Pub. L. 110–229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 842.)
§ 390h–32. Rancho California Water District project, California
(a) Authorization
(b) Cost sharing
(c) Limitation
(Pub. L. 102–575, title XVI, § 1649, as added Pub. L. 111–11, title IX, § 9104(a), Mar. 30, 2009, 123 Stat. 1303.)
§ 390h–33. Elsinore Valley Municipal Water District projects, California
(a) Authorization
(b) Cost sharing
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1650, as added Pub. L. 111–11, title IX, § 9109(a), Mar. 30, 2009, 123 Stat. 1315.)
§ 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) State
(b) North Bay Water Reuse Program
(1) In general
(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 phase
(B) Second phase
(4) Cost sharing
(A) Federal share
(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) Limitation
(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 appropriations
(Pub. L. 102–575, title XVI, § 1651, as added Pub. L. 111–11, title IX, § 9110(a), Mar. 30, 2009, 123 Stat. 1315.)
§§ 390h–35 to 390h–37. Omitted
§ 390h–38. Yucaipa Valley regional water supply renewal project
(a) Authorization
(b) Cost sharing
(c) Limitation
(d) Authorization of appropriations
(Pub. L. 102–575, title XVI, § 1655, as added Pub. L. 111–11, title IX, § 9114(a), Mar. 30, 2009, 123 Stat. 1320.)
§ 390h–39. City of Corona Water Utility, California, water recycling and reuse project
(a) Authorization
(b) Cost share
(c) Limitation
(Pub. L. 102–575, title XVI, § 1656, as added Pub. L. 111–11, title IX, § 9114(a), Mar. 30, 2009, 123 Stat. 1320.)