[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 811 Enrolled Bill (ENR)]

        S.811

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
To authorize the Secretary of the Interior to conduct studies regarding 
   the desalination of water and water reuse, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Desalination Act of 1996''.

SEC. 2. DEFINITIONS.

    As used in this Act:
        (1) Desalination or desalting.--The terms ``desalination'' or 
    ``desalting'' mean the use of any process or technique for the 
    removal and, when feasible, adaptation to beneficial use, of 
    organic and inorganic elements and compounds from saline or 
    biologically impaired waters, by itself or in conjunction with 
    other processes.
        (2) Saline water.--The term ``saline water'' means sea water, 
    brackish water, and other mineralized or chemically impaired water.
        (3) 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.
        (4) 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.
        (5) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.

SEC. 3. AUTHORIZATION OF RESEARCH AND STUDIES.

    (a) In General.--In order to determine the most cost-effective and 
technologically efficient means by which usable water can be produced 
from saline water or water otherwise impaired or contaminated, the 
Secretary is authorized to award grants and to enter into contracts, to 
the extent provided in advance in appropriation Acts, to conduct, 
encourage, and assist in the financing of research to develop processes 
for converting saline water into water suitable for beneficial uses. 
Awards of research grants and contracts under this section shall be 
made on the basis of a competitive, merit-reviewed process. Research 
and study topics authorized by this section include--
        (1) investigating desalination processes;
        (2) ascertaining the optimum mix of investment and operating 
    costs;
        (3) determining the best designs for different conditions of 
    operation;
        (4) investigating methods of increasing the economic efficiency 
    of desalination processes through dual-purpose co-facilities with 
    other processes involving the use of water;
        (5) conducting or contracting for technical work, including the 
    design, construction, and testing of pilot systems and test beds, 
    to develop desalting processes and concepts;
        (6) studying methods for the recovery of byproducts resulting 
    from desalination to offset the costs of treatment and to reduce 
    environmental impacts from those byproducts; and
        (7) salinity modeling and toxicity analysis of brine 
    discharges, cost reduction strategies for constructing and 
    operating desalination facilities, and the horticultural effects of 
    desalinated water used for irrigation.
    (b) Project Recommendations and Reports to the Congress.--As soon 
as practicable and within three years after the date of enactment of 
this Act, the Secretary shall recommend to Congress desalination 
demonstration projects or full-scale desalination projects to carry out 
the purposes of this Act and to further evaluate and implement the 
results of research and studies conducted under the authority of this 
section. Recommendations for projects shall be accompanied by reports 
on the engineering and economic feasibility of proposed projects and 
their environmental impacts.
    (c) Authority To Engage Others.--In carrying out research and 
studies authorized in this section, the Secretary may engage the 
necessary personnel, industrial or engineering firms, Federal 
laboratories, water resources research and technology institutes, other 
facilities, and educational institutions suitable to conduct 
investigations and studies authorized under this section.
    (d) Alternative Technologies.--In carrying out the purposes of this 
Act, the Secretary shall ensure that at least three separate 
technologies are evaluated and demonstrated for the purposes of 
accomplishing desalination.

SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT.

    (a) In General.--In order to further demonstrate the feasibility of 
desalination processes investigated either independently or in research 
conducted pursuant to section 3, the Secretary shall administer and 
conduct a demonstration and development program for water desalination 
and related activities, including the following:
        (1) Desalination plants and modules.--Conduct or contract for 
    technical work, including the design, construction, and testing of 
    plants and modules to develop desalination processes and concepts.
        (2) Byproducts.--Study methods for the marketing of byproducts 
    resulting from the desalting of water to offset the costs of 
    treatment and to reduce environmental impacts of those byproducts.
        (3) Economic surveys.--Conduct economic studies and surveys to 
    determine present and prospective costs of producing water for 
    beneficial purposes in various locations by desalination processes 
    compared to other methods.
    (b) Cooperative Agreements.--Federal participation in desalination 
activities may be conducted through cooperative agreements, including 
cost-sharing agreements, with non-Federal public utilities and State 
and local governmental agencies and other entities, in order to develop 
recommendations for Federal participation in processes and plants 
utilizing desalting technologies for the production of water.

SEC. 5. AVAILABILITY OF INFORMATION.

    All information from studies sponsored or funded under authority of 
this Act shall be considered public information.

SEC. 6. TECHNICAL AND ADMINISTRATIVE ASSISTANCE.

    The Secretary may--
        (1) accept technical and administrative assistance from States 
    and public or private agencies in connection with studies, surveys, 
    location, construction, operation, and other work relating to the 
    desalting of water, and
        (2) enter into contracts or agreements stating the purposes for 
    which the assistance is contributed and providing for the sharing 
    of costs between the Secretary and any such agency.

SEC. 7. COST SHARING.

    The Federal share of the cost of a research, study, or 
demonstration project or a desalination development project or activity 
carried out under this Act shall not exceed 50 percent of the total 
cost of the project or research or study activity. A Federal 
contribution in excess of 25 percent for a project carried out under 
this Act may not be made unless the Secretary determines that the 
project is not feasible without such increased Federal contribution. 
The Secretary shall prescribe appropriate procedures to implement the 
provisions of this section. Costs of operation, maintenance, repair, 
and rehabilitation of facilities funded under the authority of this Act 
shall be non-Federal responsibilities.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Section 3.--There are authorized to be appropriated to carry 
out section 3 of this Act $5,000,000 per year for fiscal years 1997 
through 2002. Of these amounts, up to $1,000,000 in each fiscal year 
may be awarded to institutions of higher education, including United 
States-Mexico binational research foundations and interuniversity 
research programs established by the two countries, for research grants 
without any cost-sharing requirement.
    (b) Section 4.--There are authorized to be appropriated to carry 
out section 4 of this Act $25,000,000 for fiscal years 1997 through 
2002.

SEC. 9. CONSULTATION.

    In carrying out the provisions of this Act, the Secretary shall 
consult with the heads of other Federal agencies, including the 
Secretary of the Army, which have experience in conducting desalination 
research or operating desalination facilities. The authorization 
provided for in this Act shall not prohibit other agencies from 
carrying out separately authorized programs for desalination research 
or operations.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.