§ 390h-5. — San Jose area water reclamation and reuse program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390h-5]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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) of this section 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, Sec. 1607, Oct. 30, 1992, 106 Stat. 4666.)
Demonstration of Waste Water Technology, Santa Clara Valley Water
District and San Jose, California
Pub. L. 102-580, title II, Sec. 218, Oct. 31, 1992, 106 Stat. 4834,
provided that:
``(a) In General.--The Secretary, in cooperation with the
Administrator of the Environmental Protection Agency, is authorized to
provide design and construction assistance to the Santa Clara Valley
Water District in San Jose, California, and to the city of San Jose,
California, for demonstrating and field testing public use innovative
processes which advance the technology of waste water reuse and
treatment and which promote the use of treated waste water for critical
water supply purposes and for the protection of fish and wildlife in the
San Francisco Bay. All design, construction, and comprehensive health
effects studies shall be carried out by non-Federal interests.
``(b) Purposes of Assistance.--Assistance may be provided under this
section--
``(1) for the design and construction of an innovative
nonpotable waste water reuse treatment facility with distribution
systems;
``(2) for the design and construction of an innovative potable
waste water reuse pilot plant;
``(3) for implementation of a comprehensive health effects study
of the performance of the potable waste water reuse pilot plant; and
``(4) after the pilot plant is constructed and is operational,
for the design and construction of a potable waste water reuse
project, along with integration of the additional potable processes
into the existing nonpotable facilities, and the extension of the
distribution systems to groundwater recharge areas, if the
Secretary, in cooperation with the Administrator of the
Environmental Protection Agency, determines that the established
public health requirements and water quality goals and objectives
are being met by the pilot plant, the public health and safety is
not at risk as a result of the operation of the pilot plant, and the
pilot plant is operating reliably.
``(c) Cost Sharing.--Total project costs under this section shall be
shared at 75 percent Federal and 25 percent non-Federal. 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
100 percent non-Federal.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000. Such sums shall
remain available until expended.''
Section Referred to in Other Sections
This section is referred to in section 390h-13 of this title.
