Sec. 312. Federal support for investments in storage
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On the request of any State, department, agency, or subdivision of a State, or public agency organized pursuant to State law, the Secretary of the Interior may negotiate and enter into an agreement on behalf of the United States for participation in the construction or expansion of any Federal storage project in accordance with this section. Subject to the requirements of this subsection, the Secretary may participate in a Federal storage project in an amount equal to not more than 50 percent of the total cost of the Federal storage project.
The construction of a Federal storage project that is the subject of an agreement under this subsection shall not commence until the Secretary secures an agreement providing such funds as are necessary to pay the capital costs for any purpose that would otherwise be considered to be reimbursable under the reclamation laws. Subject to compliance with State water rights laws, the right to use the capacity of a Federal storage project for which the Secretary has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed on by the Secretary and each other party to the agreement.
In participating in a Federal storage project under this subsection, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). Subject to the requirements of this subsection, the Secretary of the Interior may participate in a non-Federal storage project in an amount equal to not more than 25 percent of the total cost of the non-Federal storage project. Participation in a non-Federal storage project under this subsection shall not occur unless— the participation has been requested by the Governor of the State in which the non-Federal storage project is located; and the Secretary— makes each determination described in paragraph (3); and submits to Congress a written notification of those determinations.
The determinations referred to in paragraph (2)(B)(i) include a determination by the Secretary that— the relevant non-Federal storage project is technically and financially feasible; sufficient non-Federal funding is available to complete the non-Federal storage project; the non-Federal storage project sponsors are financially solvent; the environmental impacts of the non-Federal storage project are acceptable; and the Federal benefits of the non-Federal storage project, including water supplies dedicated to specific purposes such as environmental enhancement or wildlife refuges, meet or exceed the proposed Federal investment.
Federal funding for construction of the Los Vaqueros Reservoir, North-of-Delta Offstream Storage (Sites Reservoir), and the Upper San Joaquin River non-Federal storage projects described in clauses (i)(II), (ii)(I), and (ii)(II) of section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684) is conditional on the California Water Commission determining that— the project is feasible, is consistent with all applicable laws and regulations, and will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta, pursuant to section 79755(a)(5)(B) of the California Water Quality, Supply, and Infrastructure Improvement Act of 2014 (division 26.7 of the California Water Code); and pursuant to section 79753(a) of that Act, 50 percent or more of the total public benefits of the project provide the following:
Ecosystem improvements, including changing the timing of water diversions, improvement in flow conditions, temperature, or other benefits that contribute to restoration of aquatic ecosystems and native fish and wildlife, including those ecosystems and fish and wildlife in the Delta. Water quality improvements in the Delta, or in other river systems, that provide significant public trust resources, or that clean up and restore groundwater resources. Flood control benefits, including increases in flood reservation space in existing reservoirs by exchange for existing or increased water storage capacity in response to the effects of changing hydrology and decreasing snow pack on the water and flood management system of the State.
Emergency response, including securing emergency water supplies and flows for dilution and salinity repulsion following a natural disaster or act of terrorism. Recreational purposes, including those recreational pursuits generally associated with the outdoors. In participating in a non-Federal storage project under this subsection, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
In participating in a non-Federal storage project under this subsection, the Secretary— may rely on reports prepared by the non-Federal storage project sponsor, including feasibility (or equivalent) studies, environmental analyses, and other pertinent reports and analyses; but shall retain responsibility for making the independent determinations described in paragraph (3). There is authorized to be appropriated to carry out this section $600,000,000 through fiscal year 2025. Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior 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 contains recommendations of the Secretary, if any, regarding whether additional appropriations are needed to carry out the purposes of this section, and the amount of such additional appropriations.
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- Pub. L. 108-361
- 118 Stat. 1684
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Sec. 312
Federal support for investments in storage
Pub. L.Pub. L. 108-361
Stat.118 Stat. 1684
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