123STA T . 131 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (A)waterqu a li t y i mp r ov eme n t
‘‘( B )wa s tewater treatment; ‘‘( C ) water re c lamation an d reuse; ‘‘( D ) g roundwater rec h arge and protection; ‘‘( E ) sur f ace water augmentation; or ‘‘( F ) other related improvements . ‘‘( 3 ) STA T E . —T he term ‘State ’ means the State of California. ‘‘( b ) NOR T H BA YW ATER R E US E P RO G RA M .— ‘‘( 1 ) IN GENERA L .—Contingent upon a finding of feasibility , the Secretary, acting through a cooperative agreement with the State or a subdivision of the State, is authori z ed to enter into cooperative agreements with eligible entities for the plan - ning, design, and construction of water reclamation and reuse facilities and recycled water conveyance and distribution sys- tems. ‘‘( 2 ) COOR DI NATION W ITH OTHER F EDERAL AGEN C IES.—In carrying out this section, the Secretary and the eligible entity shall, to the ma x imum extent practicable, use the design wor k 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 P RO J ECT.—A 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.—During the first phase, the Sec- retary and an eligible entity shall complete the planning, design, and construction of the main treatment and main conveyance systems. ‘‘(B) SECOND PHASE.—During the second phase, the Secretary and an eligible entity shall complete the plan- ning, design, and construction of the sub-regional distribu- tion systems. ‘‘( 4 ) COST SHARING.— ‘‘(A) FEDERAL SHARE.—The Federal share of the cost of the first phase of the pro j ect authorized by this section shall not exceed 2 5 percent of the total cost of the first phase of the project. ‘‘(B) 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— ‘‘(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 facili- ties; and ‘‘(II) owned by an eligible entity and directly related to the project. ‘‘(C) L IMITATION.—The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
