Sec. 40902. Water storage, groundwater storage, and conveyance projects
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/bill/117/hr/3684/eas/section-40902A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A feasibility study shall only be eligible for funding under section 40901(1) if— the feasibility study has been authorized by an Act of Congress before the date of enactment of this Act; Congress has approved funding for the feasibility study in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) before the date of enactment of this Act; or the feasibility study is authorized under subparagraph (B).
The Secretary may carry out feasibility studies for the following projects: The Verde Reservoirs Sediment Mitigation Project in the State of Arizona. The Tualatin River Basin Project in the State of Oregon. A project shall only be eligible for construction funding under section 40901(1) if— an Act of Congress enacted before the date of enactment of this Act authorizes construction of the project; Congress has approved funding for construction of the project in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note;
Public Law 114–322 ) before the date of enactment of this Act, except for any project for which— Congress did not approve the recommendation of the Secretary for funding under subsection (h)(2) of that section for at least 1 fiscal year before the date of enactment of this Act; or State funding for the project was rescinded by the State before the date of enactment of this Act; or Congress has authorized or approved funding for a feasibility study for the project in accordance with clause
(i)or
(ii)of paragraph (1)(A) (except that projects described in clauses
(i)and
(ii)of subparagraph
(B)shall not be eligible); and on completion of the feasibility study for the project, the Secretary— finds the project to be technically and financially feasible in accordance with the reclamation laws; determines that sufficient non-Federal funding is available for the non-Federal cost share of the project; and finds the project to be in the public interest; and recommends the project for construction. The Federal share— for a project authorized by an Act of Congress shall be determined in accordance with that Act; for a project approved by Congress in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) (including construction resulting from a feasibility study authorized under that Act) shall be as provided in that Act; and for a project not described in subparagraph
(A)or (B)— in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project. Before funding a project under this section, the Secretary shall determine that, in return for the Federal investment in the project, at least a proportionate share of the benefits are Federal benefits. The reimbursability of Federal funding of projects under this section shall be in accordance with the reclamation laws. In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
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Sec. 40902
Water storage, groundwater storage, and conveyance projects
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