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.
Sections c to f 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 c to f of this title are those constructed by the Corps of Engineers of the Department of the Army, but nothing in sections c to f of this title shall be construed to affect or modify section of this title.
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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.
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 c to f of this title. 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 of this title hereinafter referred to as "other Reclamation Act States" , as provided by sections g to g—8 of this title : Provided , That funds made available pursuant to sections g to g—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 g to g—8 of this title. During 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.
During phase I the Bureau is authorized and directed to recommend demonstration projects to be designed, constructed, and operated during phase II. Within 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. During 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.
During 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. 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.
The summary report shall contain—. A a detailed evaluation of the demonstration projects referred to in subsection a ;. 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. Such projects are authorized to be designed, constructed, and operated in accordance with subsection a.
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 g to g—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.
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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 g—2 c 2 of this title. 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.
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. The funds authorized to be appropriated pursuant to section g—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. Section of title 2 , referred to in text, was amended by Pub. No funds authorized to be appropriated by sections g to g—8 of this title shall be used for any activities associated with:.
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Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of Act of June 17, , 32 Stat. The 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 h to h—39 of this title. The Secretary shall not investigate, promote or implement, pursuant to sections h to h—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 Non-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.
A project shall be considered eligible for consideration under this section if the project reclaims and reuses—. Within 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.
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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. Not later than 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. The 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.
The 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. 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.
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B was designated as a disaster area by a State during the 4-year period before such funds are made available. 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. E Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.
Hereafter, referred to in subsec. The enactment of this Act, referred to in subsec. The 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 42 U.
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Appraisal investigations undertaken by the Secretary or the non-Federal project sponsor pursuant to sections h to h—39 of this title shall consider, among other things—. The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to sections h to h—39 of this title. The National Environmental Policy Act of , referred to in subsec. The 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 h—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.
The Federal share of feasibility studies, including those described in sections h—4 and h—6 through h—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. In addition to the requirements of other Federal laws, feasibility studies conducted by the Secretary or the non-Federal project sponsor under sections h to h—39 of this title shall consider, among other things—.
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. The Federal reclamation laws, referred to in subsec. The 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 Public Law 96— [ 15 U.
A 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. For complete classification of this Act to the Code, see Short Title note set out under section of Title 15 and Tables. The Technology Transfer Act of , referred to in subsec. For complete classification of this Act to the Code, see Short Title of Amendments note set out under section of Title 15 and Tables.
The 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 h to h—39 of this title , the term "Southern California" means those portions of the counties of Imperial, Los Angeles, Orange, San Bernadino, 1 Riverside, San Diego, and Ventura within the south coast and Colorado River hydrologic regions as defined by the California Department of Water Resources. The 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.
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The 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 h to h—39 of this title. Such assistance may be in the form of technical and planning and design assistance. If the Secretary is to provide any design or engineering assistance to carry out a project under this section, the Secretary shall obtain by procurement from private sources all services necessary for the Secretary to provide such assistance, unless the Secretary finds that—.
Such sums shall remain available until expended. Probably should be "San Bernardino,". The Secretary shall not provide funds for the operation or maintenance of the project. All design, construction, and comprehensive health effects studies shall be carried out by non-Federal interests. The non-Federal sponsor shall receive credit for lands, easements, rights-of-way, and relocations toward its share of project costs, but not to exceed 25 percent of total project costs.
Operation and maintenance cost shall be percent non-Federal. The 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.
The 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.