Sec. 4007. Storage

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this subtitle: The term federally owned storage project means any project involving a surface water storage facility in a Reclamation State— to which the United States holds title; and that was authorized to be constructed, operated, and maintained pursuant to the reclamation laws. The term State-led storage project means any project in a Reclamation State that— involves a groundwater or surface water storage facility constructed, operated, and maintained by any State, department of a State, subdivision of a State, or public agency organized pursuant to State law; and provides a benefit in meeting any obligation under Federal law (including regulations).

On the request of any State, any department, agency, or subdivision of a State, or any 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 the design, study, and construction or expansion of any federally owned storage project in accordance with this section. Subject to the requirements of this subsection, the Secretary of the Interior may participate in a federally owned storage project in an amount equal to not more than 50 percent of the total cost of the federally owned storage project.

The construction of a federally owned storage project that is the subject of an agreement under this subsection shall not commence until the Secretary of the Interior— determines that the proposed federally owned storage project is feasible in accordance with the reclamation laws; secures an agreement providing upfront funding as is necessary to pay the non-Federal share of the capital costs; and determines that, in return for the Federal cost-share investment in the federally owned storage project, at least a proportionate share of the project benefits are Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges.

In participating in a federally owned storage project under this subsection, the Secretary of the Interior 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 State-led storage project in an amount equal to not more than 25 percent of the total cost of the State-led storage project. Participation by the Secretary of the Interior in a State-led storage project under this subsection shall not occur unless— the participation has been requested by the Governor of the State in which the State-led storage project is located; the State or local sponsor determines, and the Secretary of the Interior concurs, that— the State-led storage project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws; sufficient non-Federal funding is available to complete the State-led storage project; and the State-led storage project sponsors are financially solvent; the Secretary of the Interior determines that, in return for the Federal cost-share investment in the State-led storage project, at least a proportional share of the project benefits are the Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges; and the Secretary of the Interior submits to Congress a written notification of these determinations within 30 days of making such determinations.

When participating in a State-led 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. ). When participating in a State-led storage project under this subsection, the Secretary of the Interior— may rely on reports prepared by the sponsor of the State-led storage project, 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 (2).

The Secretary of the Interior may provide financial assistance under this subtitle to carry out projects within any Reclamation State. Subject to compliance with State water rights laws, the right to use the capacity of a federally owned storage project or State-led storage project for which the Secretary of the Interior has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed to by the Secretary of the Interior and each other party to the agreement.

The provision of Federal funding for construction of a State-led storage project in the State of California shall be subject to the condition that the California Water Commission shall determine that the State-led storage project is consistent with the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014. This subsection expires on the date on which State bond funds available under the Act referred to in paragraph

(1)are expended. The Secretary of the Interior, acting through the Commissioner, may partner or enter into an agreement regarding the water storage projects identified in section 103(d)(1) of the Water Supply, Reliability, and Environmental Improvement Act ( Public Law 108–361 ; 118 Stat. 1688) with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments within the applicable hydrologic region, to advance those projects. $335,000,000 of funding in section 4011(e) is authorized to remain available until expended. 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 this section and transmits such recommendations to the appropriate committees of Congress. This section shall apply only to federally owned storage projects and State-led storage projects that the Secretary of the Interior determines to be feasible before January 1, 2021. Nothing in this section preempts or modifies any obligation of the United States to act in conformance with applicable State law. Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312) (as amended by section 207 of Public Law 114–113 ) is amended by striking 2017 each place it appears and inserting 2019 .

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