43 U.S.C. § 390h — Program to investigate reclamation and

Page 103 TITLE 43—PUBLIC LANDS § 390h (B) Effect on existing contracts Nothing in this subsection affects a con- tract— (i) in effect on December 27, 2020; and (ii) under which the use of excess capac- ity 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 general Subject 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 eligi- ble land; or (ii) to enter into an agreement with an individual or entity to transfer water available under the contract for aquifer re- charge on eligible land. (B) Authorized project use The use of a Reclamation facility for aqui- fer recharge under subparagraph (A) shall be considered an authorized use for the Rec- lamation project if requested by a holder of a water service or repayment contract for the Reclamation facility. (C) Modifications to contracts The 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 aq- uifer recharge under this subsection; (ii) in the best interest of the Reclama- tion project and the United States; and (iii) approved by the contractor that is responsible for repaying the cost of con- struction, operations, and maintenance of the facility that delivers the water under the contract. (D) Requirements The 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 imple- mented in a manner that materially im- pacts any power service or water contract for the Reclamation project; and (ii) before the use or transfer, the Sec- retary shall determine that the use or transfer— (I) results in a net water storage ben- efit 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 The holder of a right-of-way, easement, per- mit, or other authorization to transport water across public land administered by the Bureau of Land Management may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation of the right-of-way, easement, per- mit, or other authorization across public land. (4) Effect Nothing in this section creates, impairs, al- ters, or supersedes a Federal or State water right. (5) Exemption This section shall not apply to the State of California. (6) Advisory group The Secretary may participate in any State- led collaborative, multi-stakeholder advisory group created in any watershed the purpose of which is to monitor, review, and assess aquifer recharge activities. (Pub. L. 116–260, div. FF, title XI, § 1105, Dec. 27, 2020, 134 Stat. 3237.) REFERENCES IN TEXT This section, referred to in subsecs. (b) and (c)(4), (5), was in the original ‘‘this Act’’, which was translated as meaning section 1105 of Pub. L. 116–260, div. FF, title XI, Dec. 27, 2020, 134 Stat. 3237, to reflect the probable intent of Congress. Act of August 11, 1939, referred to in subsec. (b)(6), is act Aug. 11, 1939, ch. 717, 53 Stat. 1418, popularly known as the Water Conservation and Utilization Act, which is classified generally to subchapter II (§ 590y et seq.) of chapter 3C of Title 16, Conservation. For complete clas- sification of this Act to the Code, see Tables. DEFINITIONS For definition of ‘‘Secretary’’ as used in this section, see section 1115 of div. FF of Pub. L. 116–260, set out as a note under section 2330c of Title 33, Navigation and Navigable Waters. § 390h. Program to investigate reclamation and reuse of wastewater and groundwater; gen- eral authority (a) Program established The Secretary of the Interior (hereafter ‘‘Sec- retary’’), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto (hereafter ‘‘Federal reclamation laws’’), is directed to undertake a program to inves- tigate and identify opportunities for reclama- tion and reuse of municipal, industrial, domes- tic, and agricultural wastewater, and naturally impaired ground and surface waters, for the de- sign and construction of demonstration and per- manent facilities to reclaim and reuse waste- water, and to conduct research, including desalting, for the reclamation of wastewater and naturally impaired ground and surface waters. (b) States included Such program shall be limited to the States and areas referred to in section 1 of the Rec- lamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) [43 U.S.C. 391] as amended, and the State of Hawaii. Page 104 TITLE 43—PUBLIC LANDS § 390h (c) Agreements and regulations 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 390h to 390h–39 of this title. (d) San Luis Unit of Central Valley Project, Cali- fornia The Secretary shall not investigate, promote or implement, pursuant to sections 390h to 390h–39 of this title, any project intended to re- claim and reuse agricultural wastewater gen- erated 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 re- port entitled A Management Plan for Agricul- tural Subsurface Drainage and Related Prob- lems on the Westside San Joaquin Valley (Sep- tember 1990). (e) Authorization of new water recycling and reuse projects (1) Submission to the Secretary (A) In general Non-Federal interests may submit pro- posals for projects eligible to be authorized pursuant to this section in the form of com- pleted feasibility studies to the Secretary. (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 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 informa- tion for the formulation of the studies. (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 devel- oped, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and (B) the project is technically and finan- cially 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 re- ceipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Re- sources of the Senate and the Committee on Natural Resources of the House of Representa- tives 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 fea- sible; (B) any recommendations the Secretary may have concerning the plan or design of the project; and (C) any conditions the Secretary may re- quire for construction of the project. (4) Eligibility for funding The non-Federal project sponsor of any project determined by the Secretary to be fea- sible under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Fed- eral share of the costs of planning, designing and constructing the project pursuant to sub- section (f). (f) Competitive grant program for the funding of water recycling and reuse projects (1) Establishment 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). (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 se- vere, 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 agen- cies. (C) Projects that are regional in nature. (D) Projects with multiple stakeholders. (E) Projects that provide multiple bene- fits, including water supply reliability, eco- system benefits, groundwater management and enhancements, and water quality im- provements. (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 sub- section (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.) Page 105 TITLE 43—PUBLIC LANDS § 390h–2 Editorial Notes REFERENCES IN TEXT The Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388), referred to in subsec. (a), is act June 17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. Hereafter, referred to in subsec. (a), means hereafter in title XVI of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4663, which enacted sections 390h to 390h–39 of this title. The enactment of this Act, referred to in subsec. (e)(1)(C), probably means the date of enactment of Pub. L. 114–322, which added subsec. (e) and was approved Dec. 16, 2016. AMENDMENTS 2016—Subsecs. (e) to (g). Pub. L. 114–322 added subsecs. (e) to (g). 2000—Subsec. (b). Pub. L. 106–566 inserted ‘‘, and the State of Hawaii’’ before period at end. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–70, § 1, Sept. 21, 2005, 119 Stat. 2009, pro- vided that: ‘‘This Act [enacting section 390h–20 of this title and transferring section 390h–17a of this title to section 390h–19 of this title] may be cited as the ‘Hawaii Water Resources Act of 2005’.’’ SHORT TITLE OF 2004 AMENDMENTS Pub. L. 108–316, § 1(a), Oct. 5, 2004, 118 Stat. 1202, pro- vided that: ‘‘This section [enacting section 390h–17a of this title] may be cited as the ‘Williamson County Water Recycling Act of 2004’.’’ Pub. L. 108–233, § 1, May 28, 2004, 118 Stat. 654, provided that: ‘‘This Act [enacting section 390h–18 of this title] may be cited as the ‘Irvine Basin Surface and Ground- water Improvement Act of 2004’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–566, title I, § 101, Dec. 23, 2000, 114 Stat. 2818, provided that: ‘‘This title [amending this section] may be cited as the ‘Hawaii Water Resources Act of 2000’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–321, § 1(a), Oct. 30, 1998, 112 Stat. 3020, pro- vided that: ‘‘This Act [enacting sections 390h–16 and 2607 of this title, amending section 564w–1 of Title 25, Indians, and enacting and amending provisions listed in a table of National Wildlife Refuges set out under sec- tion 668dd of Title 16, Conservation] may be cited as the ‘Oregon Public Lands Transfer and Protection Act of 1998’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–266, § 1, Oct. 9, 1996, 110 Stat. 3290, provided that: ‘‘This Act [enacting sections 390h–12a to 390h–12p of this title and amending sections 390h–1 to 390h–3, 390h–9, and 390h–13 to 390h–15 of this title] may be cited as the ‘Reclamation Recycling and Water Conservation Act of 1996’.’’ SHORT TITLE Pub. L. 102–575, title XVI, § 1601, Oct. 30, 1992, 106 Stat. 4663, provided that: ‘‘This title [enacting sections 390h to 390h–15 of this title] may be referred to as the ‘Rec- lamation Wastewater and Groundwater Study and Fa- cilities Act’.’’ § 390h–1. Appraisal investigations (a) Purposes; recommendations The Secretary shall undertake appraisal inves- tigations to identify opportunities for water rec- lamation and reuse. Each such investigation shall take into account environmental consider- ations as provided by the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations issued to implement the provi- sions thereof, and shall include recommenda- tions as to the preparation of a feasibility study of the potential reclamation and reuse meas- ures. (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, in- cluding, but not limited to, environmental res- toration, fish and wildlife, groundwater re- charge, municipal, domestic, industrial, agri- cultural, 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 reclama- tion 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 The Secretary shall consult and cooperate with appropriate State, regional, and local au- thorities during the conduct of each appraisal investigation conducted pursuant to sections 390h to 390h–39 of this title. (d) Nonreimbursable costs Costs of such appraisal investigations shall be nonreimbursable. (Pub. L. 102–575, title XVI, § 1603, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 104–266, § 3, Oct. 9, 1996, 110 Stat. 3295.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–266 inserted ‘‘by the Sec- retary or the non-Federal project sponsor’’ after ‘‘un- dertaken’’ in introductory provisions. § 390h–2. Feasibility studies (a) General authority; Federal and non-Federal cost shares The Secretary is authorized to participate with appropriate Federal, State, regional, and local authorities in studies to determine the fea- sibility of water reclamation and reuse projects recommended for such study pursuant to section