IA
104TH CONGRESS 2D SESSION
S. 811
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1996 Referred to the Committee on Resources, and in addition to the Committees on Science, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
AN ACT
To authorize research into the desalinization and reclamation of water and authorize a program for States, cities, or qualifying agencies desiring to own and operate a water desalinization or reclamation facility to develop such facilities, and for other purposes. 1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled, 3 4
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Water Desalinization
5 Research and Development Act of 1996’’.
2 1 2
SEC. 2. DECLARATION OF POLICY.
In view of the increasing shortage of usable surface
3 and ground water in many parts of the United States and 4 the world, it is the policy of the United States to— 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) perform research to develop low-cost alternatives for desalinization of saline water and reclamation of nonusable nonsaline water to provide water of a quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses; and (2) provide, through cooperative activities with local sponsors, desalinization and water reclamation processes and facilities that provide proof-of-concept demonstrations of advanced technologies for the purpose of developing and conserving the water resources of this Nation and the world.
SEC. 3. DEFINITIONS.
In this Act: (1) DESALINIZATION.—The term ‘‘desalinization’’ means the use of any process or technique (by itself or in conjunction with other processes or techniques) for the removal and, when feasible, adaptation to beneficial use, of organic and inorganic elements and compounds from saline water.
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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (2) NONUSABLE
NONSALINE WATER.—The
term ‘‘nonusable nonsaline water’’ means water that is not saline water but, because it contains biological or other impurities, is not usable water. (3) RECLAMATION.—The term ‘‘reclamation’’ means the use of any process or technique (by itself or in conjunction with other processes or techniques) for the removal and, when feasible, adaptation to beneficial use, of organic and inorganic elements and compounds from nonusable nonsaline water. (4) SALINE
WATER.—The
term ‘‘saline water’’
means sea water, brackish water, and other mineralized or chemically impaired water. (5) SPONSOR.—The term ‘‘sponsor’’ means a local, State, or qualifying agency responsible for the sale and delivery of usable water that has the legal authority and financial capability to provide the financial and real property requirements needed for a desalinization or reclamation facility. (6) UNITED
STATES.—The
term
‘‘United
States’’ means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
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4 1 2 3 4 5 6 7 (7) USABLE
WATER.—The
term ‘‘usable water’’
means water of a high quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses.
SEC. 4. RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—In order to gain basic knowledge
8 concerning the most efficient means by which usable water 9 can be produced from saline or nonusable nonsaline water, 10 the Secretary of the Interior, in consultation with the Sec11 retary of the Army, shall conduct a basic research and 12 development program under this section. 13 (b) CONTENTS OF PROGRAM.—For the basic research
14 and development program, the Secretary of the Interior 15 shall— 16 17 18 19 20 21 22 23 (1) conduct, encourage, and promote fundamental scientific research and basic studies to develop the best and most economical processes and methods for converting saline water and nonusable nonsaline water into usable water through research grants and contracts— (A) to conduct research and technical development work;
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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) to make studies in order to ascertain the optimum mix of investment and operating costs; (C) to determine the best designs for different conditions of operation; and (D) to investigate increasing the economic efficiency of desalinization or reclamation processes by using the processes as dual-purpose cofacilities with other processes involving the use of water; (2) study methods for the recovery of byproducts resulting from the desalinization or reclamation of water to offset the costs of treatment and to reduce the environmental impact from those byproducts; and (3) prepare a management plan for conduct of the research and development program established under this section. (c) COORDINATION WITH OTHER AGENCIES.— (1) IN
GENERAL.—The
Secretary of the Inte-
rior shall conduct activities under this section in coordination with— (A) the Department of Commerce, specifically with respect to marketing and international competition; and
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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (B)(i) the Departments of Defense, Agriculture, State, Health and Human Services, and Energy; (ii) the Environmental Protection Agency; (iii) the Agency for International Development; and (iv) other concerned public and private entities. (2) OTHER
AGENCIES.—In
addition to the
agencies identified in paragraph (1), other interested agencies may furnish appropriate resources to the Secretary of the Interior to further the activities in which such other agencies are interested. (d) AVAILABILITY
OF
RESEARCH.—All research
15 sponsored or funded under this section shall be carried 16 out in such a manner that information, products, proc17 esses, and other developments resulting from Federal ex18 penditures or authorities shall (with exceptions necessary 19 for national defense and the protection of patent rights) 20 be available to the general public. 21 (e) RELATIONSHIP
TO
ANTITRUST LAWS.—Section
22 10 of the Federal Nonnuclear Energy Research and Devel23 opment Act of 1974 (42 U.S.C. 5909) shall apply to the 24 activities of persons in connection with grants and con-
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7 1 tracts made by the Secretary of the Interior under this 2 section. 3 4
SEC. 5. DESALINIZATION DEVELOPMENT PROGRAM.
(a) IN GENERAL.—The Secretary of the Interior and
5 the Secretary of the Army shall jointly— 6 7 8 9 10 (1) conduct a desalinization development program; and (2) in connection with the program, design and construct desalinization facilities. (b) SELECTION
OF
DESALINIZATION DEVELOPMENT
11 FACILITIES.— 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) APPLICATION.—A sponsor shall submit to the Secretary of the Interior and Secretary of the Army an application for the design and construction of a desalinization facility and certification that the sponsor will provide the required cost sharing. (2) SELECTION.—Facilities shall be selected subject to availability of Federal funds. (c) COST SHARING.— (1) INITIAL shall include— (A) design costs; (B) construction costs; (C) lands, easements, and rights-of-way costs; and
COST.—The
initial cost of a facility
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8 1 2 3 4 5 6 7 8 9 10 11 12 (D) relocation costs. (2) MINIMUM
SPONSOR SHARE.—The
sponsor
for a facility under the desalinization development program shall pay, during construction, at least 25 percent of the initial cost of the facility, including providing all lands, easements, and rights-of-way and performing all related necessary relocations. (3) MAXIMUM
FEDERAL SHARE.—The
Sec-
retary of the Interior and Secretary of the Army shall pay not more than $10,000,000 of the initial cost of a facility. (d) OPERATION
AND
MAINTENANCE.—Operation,
13 maintenance, repair, and rehabilitation of a desalinization 14 facility shall be the responsibility of the sponsor of the 15 facility. 16 (e) REVENUE.—All revenue generated from the sale
17 of usable water from a desalinization facility shall be re18 tained by the sponsor of the facility. 19 20
SEC. 6. MISCELLANEOUS AUTHORITIES.
In carrying out sections 4 and 5, the Secretary of
21 the Interior and the Secretary of the Army may— 22 23 24 (1) accept technical and administrative assistance from a State or other public entities and from private persons in connection with research and de-
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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 velopment activities relating to desalinization and reclamation of water; (2) enter into contracts or agreements stating the purpose for which the assistance is contributed and, in appropriate circumstances, providing for the sharing of costs between the Secretary and such entities or persons; (3) make grants to educational and scientific institutions; (4) contract with educational and scientific institutions and engineering and industrial firms; (5) by competition or noncompetitive contract or any other means, engage the services of necessary personnel, industrial and engineering firms, and educational institutions; (6) use the facilities and personnel of Federal, State, municipal, and private scientific laboratories; (7) contract for or establish and operate facilities and tests to conduct research, testing, and development necessary for the purposes of this Act; (8) acquire processes, data, inventions, patent applications, patents, licenses, lands, interests in land and water, facilities, and other property by purchase, license, lease, or donation;
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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (9) assemble and maintain domestic and foreign scientific literature and issue pertinent bibliographical data; (10) conduct inspections and evaluations of domestic and foreign facilities and cooperate and participate in their development; (11) conduct and participate in regional, national, and international conferences relating to the desalinization of water; (12) coordinate, correlate, and publish information that will advance the development of the desalinization of water; and (13) cooperate with Federal, State, and municipal departments, agencies, and instrumentalities, and with private persons, firms, educational institutions, and other organizations, including foreign governments, departments, agencies, companies, and instrumentalities, in effectuating the purposes of this Act.
SEC. 7. DESALINIZATION CONFERENCE.
(a) ESTABLISHMENT.—The President is requested to
22 instruct the Administrator of the Agency for International 23 Development to sponsor an international desalinization 24 conference within 1 year after the date of enactment of 25 this Act.
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11 1 (b) PARTICIPANTS.—Participants in the conference
2 under subsection (a) should include scientists, private in3 dustry experts, desalinization experts and operators, gov4 ernment officials from the nations that use and conduct 5 research on desalinization, and government officials from 6 nations that could benefit from low-cost desalinization 7 technology (particularly nations in the developing world), 8 and international financial institutions. 9 (c) PURPOSE.—The conference under subsection (a)
10 shall— 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) explore promising new technologies and methods to make affordable desalinization a reality in the near term; and (2) propose a research agenda and a plan of action to guide longer-term development of practical desalinization applications. (d) FUNDING.— (1) AID
FUNDS.—Funding
for the conference
under subsection (a) may come from operating or program funds of the Agency for International Development. (2) OTHER
NATIONS.—The
Agency for Inter-
national Development shall encourage financial and other support from other nations, including those
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12 1 2 3 4 that have desalinization technology and those that might benefit from such technology.
SEC. 8. REPORTS.
(a) IN GENERAL.—Not later than 1 year after the
5 date of enactment of this Act, and annually thereafter, 6 the Secretary of the Interior, in consultation with the Sec7 retary of the Army, shall prepare a report to the President 8 and Congress concerning the administration of this Act. 9 (b) CONTENTS.—A report under subsection (a) shall
10 describe— 11 12 13 14 15 16 17 18 (1) the actions taken by the Secretary of the Interior and the Secretary of the Army during the calendar year preceding the year in which the report is submitted; and (2) the actions planned for the following calendar year.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) RESEARCH
AND
DEVELOPMENT.—There are au-
19 thorized to be appropriated to carry out section 4— 20 21 22 23 (1) $5,000,000 for fiscal year 1997; and (2) $7,500,000 for each of fiscal years 1998 through 2001. (b) DESALINIZATION DEVELOPMENT PROGRAM.—
24 There are authorized to be appropriated to carry out sec25 tion 5 such sums as are necessary, up to a total of
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13 1 $40,000,000 for the period consisting of fiscal years 1997 2 through 2001, of which 50 percent shall be made available 3 to the Department of the Interior and 50 percent shall 4 be made available to the civil works program of the Army 5 Corps of Engineers. Passed the Senate May 3, 1996. Attest: KELLY D. JOHNSTON, Secretary.
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