Sec. 40902. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE PROJECTS
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## SEC. 40902 WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE PROJECTS **[**[43 U.S.C. 3202](/us/usc/t43/s3202)**]** ###
(a)Eligibility for Funding ####
(1)Feasibility studies #####
(A)In general A feasibility study shall only be eligible for funding under section 40901(1) if— ######
(i)the feasibility study has been authorized by an Act of Congress before the date of enactment of this Act; ######
(ii)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 ######
(iii)the feasibility study is authorized under subparagraph (B). #####
(B)Feasibility study authorizations The Secretary may carry out feasibility studies for the following projects: ######
(i)The Verde Reservoirs Sediment Mitigation Project in the State of Arizona. ######
(ii)The Tualatin River Basin Project in the State of Oregon. ####
(2)Construction A project shall only be eligible for construction funding under section 40901(1) if— #####
(A)an Act of Congress enacted before the date of enactment of this Act authorizes construction of the project; #####
(B)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— ######
(i)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 ######
(ii)State funding for the project was rescinded by the State before the date of enactment of this Act; or #####
(C)######
(i)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 ######
(ii)on completion of the feasibility study for the project, the Secretary— ######
(I)finds the project to be technically and financially feasible in accordance with the reclamation laws; ######
(II)determines that sufficient non-Federal funding is available for the non-Federal cost share of the project; and ######
(III)######
(aa)finds the project to be in the public interest; and ######
(bb)recommends the project for construction. ###
(b)Cost-sharing Requirement ####
(1)In general The Federal share— #####
(A)for a project authorized by an Act of Congress shall be determined in accordance with that Act; #####
(B)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 #####
(C)for a project not described in subparagraph
(A)or (B)— ######
(i)in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and ######
(ii)in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project. ####
(2)Federal benefits 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. ####
(3)Reimbursability The reimbursability of Federal funding of projects under this section shall be in accordance with the reclamation laws. ###
(c)Environmental 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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