[Congressional Record Volume 152, Number 90 (Wednesday, July 12, 2006)]
[Senate]
[Pages S7420-S7421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 3646. A bill to authorize the Secretary of the Interior to create 
a bureau of Reclamation partnership with the North Bay Water Reuse 
Authority and other regional partners to achieve objectives relating to 
water supply, water quality, and environmental restoration; to the 
Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the North 
Bay Water Reuse Program Act of 2006. The act would authorize an 
innovative program to protect the environment while meeting the future 
water needs of urban and agricultural water users in the North Bay 
region of California for years to come.
  As regulations continue to tighten restrictions on wastewater 
discharges into the San Francisco Bay, communities are faced with major 
financial challenges as they determine the best way to discharge their 
treated wastewater. At the same time, agricultural producers in the 
North Bay region are facing serious water shortages resulting from a 
serious overdraft of groundwater. The North Bay Water Reuse Program 
will solve both problems together.
  When completed, the North Bay Water Reuse Program will provide for

[[Page S7421]]

the collection and conveyance of treated urban wastewater to 
agricultural growers, promising a permanent and dedicated supply of 
about 30,000 acre-feet of water per year. The use of reclaimed water 
for irrigation will reduce the demand on both surface and groundwater 
supplies, and thus improve instream flows for riparian habitat and 
fisheries recovery.
  In the off-season when irrigation demand is diminished, the reclaimed 
water will be used to increase surface water flows for restoration of 
wetland habitat in the former Cargill Salt Ponds.
  This reclaimed water that would be applied productively to vineyards, 
fields and wetlands is now being discharged as treated wastewater into 
the San Francisco Bay-Delta Estuary. The North Bay Water Reuse Program 
will benefit the ecosystem of the bay by providing a cost-effective, 
environmentally sound alternative for the disposal of urban wastewater.
  The legislation I am introducing today allows for the Federal 
participation of the first phase of this long-term regional project. 
This cost-shared water reclamation and reuse program is the first of 
its kind in Northern California, and the first to provide water 
primarily for agricultural and environmental uses. It is supported by 
the local governments in three counties--Napa, Sonoma and Marin--that 
have joined together to undertake the project. Agricultural 
organizations, such as the Napa and Sonoma County Farm Bureaus, the 
Carneros Quality Alliance, the Winegrape Growers of Napa County, the 
Napa Vintners Association, and the North Bay Agriculture Alliance, 
support the program. And environmental organizations, such as The Bay 
Institute, likewise endorse the program.
  The North Bay Water Reuse Program brings together stakeholders that 
are usually at odds with one another and provides an ideal solution to 
guarantee water to the environment and agricultural producers, and 
simultaneously providing regulatory relief to wastewater agencies.
  I ask unanimous consent that the text of the bill be printed in the 
Record
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3646

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``North Bay Water Reuse 
     Program Act of 2006''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Eligible entity.--The 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) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of 
     California.
       (4) Water reclamation and reuse project.--The term ``water 
     reclamation and reuse project'' means a project carried out 
     by the Secretary and an eligible entity in the North San 
     Pablo Bay watershed relating to--
       (A) water quality improvement;
       (B) wastewater treatment;
       (C) water reclamation and reuse;
       (D) groundwater recharge and protection;
       (E) surface water augmentation; or
       (F) other related improvements.

     SEC. 3. NORTH BAY WATER REUSE PROGRAM.

       (a) In General.--The Secretary, acting through a 
     cooperative agreement with the State or a subdivision of a 
     State, may offer to enter into cooperative agreements with 
     eligible entities for the planning, design, and construction 
     of water reclamation and reuse projects.
       (b) Coordination With Other Federal Agencies.--In 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--
       (1) non-Federal entities; and
       (2) the Corps of Engineers in the San Pablo Bay Watershed 
     of the State.
       (c) Cooperative Agreement.--
       (1) Requirements.--A cooperative agreement entered into 
     under paragraph (1) shall, at a minimum, specify the 
     responsibilities of the Secretary and the eligible entity 
     with respect to--
       (A) ensuring that the cost-share requirements established 
     by subsection (e) are met;
       (B) completing--
       (i) a needs assessment for the water reclamation and reuse 
     project; and
       (ii) the planning and final design of the water reclamation 
     and reuse project;
       (C) any environmental compliance activity required for the 
     water reclamation and reuse project;
       (D) the construction of facilities for the water 
     reclamation and reuse project; and
       (E) administrating any contract relating to the 
     construction of the water reclamation and reuse project.
       (2) Phased project.--
       (A) In general.--A cooperative agreement described in 
     paragraph (1) shall require that any water reclamation and 
     reuse project carried out under this section shall consist of 
     2 phases.
       (B) First phase.--During the first phase, the Secretary and 
     an eligible entity shall complete the planning, design, and 
     construction of the main treatment and main conveyance system 
     of the water reclamation and reuse project.
       (C) Second phase.--During the second phase, the Secretary 
     and an eligible entity shall complete the planning, design, 
     and construction of the sub-regional distribution systems of 
     the water reclamation and reuse project.
       (d) Financial Assistance.--
       (1) In general.--The Secretary may provide financial and 
     technical assistance to an eligible entity to assist in 
     planning, designing, conducting related preconstruction 
     activities for, and constructing a water reclamation and 
     reuse project.
       (2) Use.--Any financial assistance provided under paragraph 
     (1) shall be obligated and expended only in accordance with a 
     cooperative agreement entered into under this section.
       (e) Cost-Sharing Requirement.--
       (1) Federal share.--The Federal share of the total cost of 
     any activity or construction carried out using amounts made 
     available under this section shall be not more than 25 
     percent of the total cost of a water reclamation and reuse 
     project.
       (2) Form of non-federal share.--The 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--
       (A) reasonable costs incurred by the eligible entity 
     relating to the planning, design, and construction of the 
     water reclamation and reuse project; and
       (B) the fair-market value of land that is--
       (i) used for planning, design, and construction of the 
     water reclamation and reuse project facilities; and
       (ii) owned by an eligible entity.
       (f) Operation, Maintenance, and Replacement Costs.--
       (1) In general.--The eligible entity shall be responsible 
     for the annual operation, maintenance, and replacement costs 
     associated with the water reclamation and reuse project.
       (2) Operation, maintenance, and replacement plan.--The 
     eligible entity, in consultation with the Secretary, shall 
     develop an operation, maintenance, and replacement plan for 
     the water reclamation and reuse project.
       (g) Effect.--Nothing in this Act--
       (1) affects or preempts--
       (A) State water law; or
       (B) an interstate compact relating to the allocation of 
     water; or
       (2) confers on any non-Federal entity the ability to 
     exercise any Federal right to--
       (A) the water of a stream; or
       (B) any groundwater resource.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Federal share of the total cost of 
     the first phase of water reclamation and reuse projects 
     carried out under this Act, an amount not to exceed 25 
     percent of the total cost of those reclamation and reuse 
     projects or $25,000,000, whichever is less, to remain 
     available until expended.
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