[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 811 Reported in Senate (RS)]
Calendar No. 375
104th CONGRESS
2d Session
S. 811
[Report No. 104-254]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
April 18, 1996
Reported with an amendment
Calendar No. 375
104th CONGRESS
2d Session
S. 811
[Report No. 104-254]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17 (legislative day, May 15), 1995
Mr. Simon (for himself, Mr. Reid, Mr. Moynihan, Mr. Brown, Mr. Bryan,
Mr. Campbell, Mr. Mack, Mr. Graham, Mrs. Boxer, Mrs. Feinstein, and Mr.
Robb) introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
April 18, 1996
Reported by Mr. Chafee, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Water Desalinization
Research and Development Act of 1995''.</DELETED>
<DELETED>SEC. 2. DECLARATION OF POLICY.</DELETED>
<DELETED> In view of the increasing shortage of usable surface and
ground water in many parts of the United States and the world, it is
the policy of the United States to--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Nonusable nonsaline water.--The term
``nonusable nonsaline water'' that is not saline water but,
because it contains biological or other impurities, is not
usable water.</DELETED>
<DELETED> (3) Reclamation.--The term ``reclamation'' means
the use of any process or techniques (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.</DELETED>
<DELETED> (4) Saline water.--The term ``saline water'' means
sea water, brackish water, and other mineralized or chemically
impaired water.</DELETED>
<DELETED> (5) Sponsor.--The term ``sponsor'' means a local,
State, or interstate agency responsible for the sale and
delivery of usable water that has the legal and financial
authority and capability to provide the financial and real
property requirements needed for a desalinization or
reclamation facility.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. RESEARCH AND DEVELOPMENT.</DELETED>
<DELETED> (a) In General.--In order to gain basic knowledge
concerning the most efficient means by which usable water can be
produced from saline or nonusable nonsaline water, the Secretary of the
Interior, in consultation with the Secretary of the Army, shall conduct
a basic research and development program under this section.</DELETED>
<DELETED> (b) Contents of Program.--For the basic research and
development program, the Secretary of the Interior shall--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) to conduct research and technical
development work;</DELETED>
<DELETED> (B) to make studies in order to ascertain
the optimum mix of investment and operating
costs;</DELETED>
<DELETED> (C) to determine the best designs for
different conditions of operation; and</DELETED>
<DELETED> (D) to investigate increasing the economic
efficiency of desalinization or reclamation processes
by using the processes as dual-purpose co-facilities
with other processes involving the use of
water;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) prepare a management plan for conduct of the
research and development program established under this
section.</DELETED>
<DELETED> (c) Coordination With Other Agencies.--</DELETED>
<DELETED> (1) In general.--The Secretary of the Interior
shall conduct activities under this section in coordination
with--</DELETED>
<DELETED> (A) the Department of Commerce,
specifically with respect to marketing and
international competition; and</DELETED>
<DELETED> (B)(i) the Departments of Defense,
Agriculture, State, Health and Human Services, and
Energy;</DELETED>
<DELETED> (ii) the Environmental Protection
Agency;</DELETED>
<DELETED> (iii) the Agency for International
Development; and</DELETED>
<DELETED> (iv) other concerned public and private
entities.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Availability of Research.--All research sponsored or
funded under this section shall be carried out in such a manner that
information, products, processes, and other developments resulting from
Federal expenditures or authorities shall (with exceptions necessary
for national defense and the protection of patent rights) be available
to the general public.</DELETED>
<DELETED> (e) Relationship to Antitrust Laws.--Section 10 of the
Federal Nonnuclear Energy Research and Development Act of 1974 (42
U.S.C. 5909) shall apply to the activities of persons in connection
with grants and contracts made by the Secretary of the Interior under
this section.</DELETED>
<DELETED>SEC. 5. DESALINIZATION DEVELOPMENT PROGRAM.</DELETED>
<DELETED> (a) In General.--The Secretary of the Interior and the
Secretary of the Army shall jointly--</DELETED>
<DELETED> (1) conduct a desalinization development program;
and</DELETED>
<DELETED> (2) in connection with the program, design and
construct desalination facilities.</DELETED>
<DELETED> (b) Selection of Desalinization Development Facilities.--
</DELETED>
<DELETED> (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 facility and
certification that the sponsor will provide the required cost
sharing.</DELETED>
<DELETED> (2) Selection.--Facilities shall be selected
subject to availability of Federal funds.</DELETED>
<DELETED> (c) Cost Sharing.--</DELETED>
<DELETED> (1) Initial cost.--The initial cost of a facility
shall include--</DELETED>
<DELETED> (A) design costs;</DELETED>
<DELETED> (B) construction costs;</DELETED>
<DELETED> (C) lands, easements, and rights-of-way
costs; and</DELETED>
<DELETED> (D) relocation costs.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Maximum federal share.--The Secretary of the
Interior and Secretary of the Army shall pay not more than
$10,000,000 of the initial cost of a facility.</DELETED>
<DELETED> (d) Operation and Maintenance.--Operation, maintenance,
repair, and rehabilitation of a desalinization facility shall be the
responsibility of the sponsor of the facility.</DELETED>
<DELETED> (e) Revenue.--All revenue generated from the sale of
usable water from a desalinization facility shall be retained by the
sponsor of the facility.</DELETED>
<DELETED>SEC. 6. MISCELLANEOUS AUTHORITIES.</DELETED>
<DELETED> In carrying out sections 5 and 6, the Secretary of the
Interior and the Secretary of the Army may--</DELETED>
<DELETED> (1) accept technical and administrative assistance
from a State or other public entities and from private persons
in connection with research and development activities relating
to desalinization and reclamation of water;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) make grants to educational and scientific
institutions;</DELETED>
<DELETED> (4) contract with educational and scientific
institutions and engineering and industrial firms;</DELETED>
<DELETED> (5) by competition or noncompetitive contract or
any other means, engage the services of necessary personnel,
industrial and engineering firms, and educational
institutions;</DELETED>
<DELETED> (6) use the facilities and personnel of Federal,
State, municipal, and private scientific
laboratories;</DELETED>
<DELETED> (7) contract for or establish and operate
facilities and tests to conduct research, testing, and
development necessary for the purposes of this Act;</DELETED>
<DELETED> (8) acquire processes, data, inventions, patent
applications, patents, licenses, lands, interests in lands and
water, facilities, and other property by purchase, license,
lease, or donation;</DELETED>
<DELETED> (9) assemble and maintain domestic and foreign
scientific literature and issue pertinent bibliographical
data;</DELETED>
<DELETED> (10) conduct inspections and evaluations of
domestic and foreign facilities and cooperate and participate
in their development;</DELETED>
<DELETED> (11) conduct and participate in regional,
national, and international conferences relating to the
desalinization of water;</DELETED>
<DELETED> (12) coordinate, correlate, and publish
information which will advance the development of the
desalinization of water; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 7. DESALINIZATION CONFERENCE.</DELETED>
<DELETED> (a) Establishment.--The President is requested to instruct
the Administrator of the Agency for International Development to
sponsor an international desalinization conference within 1 year after
the date of enactment of this Act.</DELETED>
<DELETED> (b) Participants.--Participants in the conference under
subsection (a) should include scientists, private industry experts,
desalinization experts and operators, government officials from the
nations that use and conduct research on desalinization, and government
officials from nations that could benefit from low-cost desalinization
technology (particularly nations in the developing world), and
international financial institutions.</DELETED>
<DELETED> (c) Purpose.--The conference under subsection (a) shall--
</DELETED>
<DELETED> (1) explore promising new technologies and methods
to make affordable desalinization a reality in the near term;
and</DELETED>
<DELETED> (2) propose a research agenda and a plan of action
to guide longer-term development of practical desalinization
applications.</DELETED>
<DELETED> (d) Funding.--</DELETED>
<DELETED> (1) AID funds.--Funding for the conference under
subsection (a) may come from operating or program funds of the
Agency for International Development.</DELETED>
<DELETED> (2) Other nations.--The Agency for International
Development shall encourage financial and other support from
other nations, including those that have desalinization
technology and those that might benefit from such
technology.</DELETED>
<DELETED>SEC. 8. REPORTS.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after following the
date of enactment of this Act, and annually thereafter, the Secretary
of the Interior, in consultation with the Secretary of the Army, shall
prepare a report to the President and Congress concerning the
administration of this Act.</DELETED>
<DELETED> (b) Contents.--A report under subsection (a) shall
describe--</DELETED>
<DELETED> (1) the actions taken by the Secretary of the
Interior and the Secretary of the Army during the calendar year
preceding the year in the report is submitted; and</DELETED>
<DELETED> (2) the actions planned for the following calendar
year.</DELETED>
<DELETED>SEC. 11. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) Research and Development.--There are authorized to be
appropriated to carry out section 4--</DELETED>
<DELETED> (1) $5,000,000 for fiscal year 1996;</DELETED>
<DELETED> (2) $10,000,000 for fiscal year 1997;
and</DELETED>
<DELETED> (3) such sums as are necessary for fiscal years
1998, 1999, and 2000.</DELETED>
<DELETED> (b) Desalinization Development Program.--There are
authorized to be appropriated to carry out section 5 such sums as are
necessary, up to a total of $50,000,000, for fiscal years 1996, 1997,
1998, 1999, and 2000, of which 50 percent shall be made available to
the Department of the Interior and 50 percent shall be made available
to the civil works program of the Army Corps of Engineers.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Desalinization Research and
Development Act of 1996''.
SEC. 2. DECLARATION OF POLICY.
In view of the increasing shortage of usable surface and ground
water in many parts of the United States and the world, it is the
policy of the United States to--
(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.
(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.
(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 concerning the
most efficient means by which usable water can be produced from saline
or nonusable nonsaline water, the Secretary of the Interior, in
consultation with the Secretary of the Army, shall conduct a basic
research and development program under this section.
(b) Contents of Program.--For the basic research and development
program, the Secretary of the Interior shall--
(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;
(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 co-facilities
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 Interior shall
conduct activities under this section in coordination with--
(A) the Department of Commerce, specifically with
respect to marketing and international competition; and
(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 sponsored or funded
under this section shall be carried out in such a manner that
information, products, processes, and other developments resulting from
Federal expenditures or authorities shall (with exceptions necessary
for national defense and the protection of patent rights) be available
to the general public.
(e) Relationship to Antitrust Laws.--Section 10 of the Federal
Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5909)
shall apply to the activities of persons in connection with grants and
contracts made by the Secretary of the Interior under this section.
SEC. 5. DESALINIZATION DEVELOPMENT PROGRAM.
(a) In General.--The Secretary of the Interior and the Secretary of
the Army shall jointly--
(1) conduct a desalinization development program; and
(2) in connection with the program, design and construct
desalinization facilities.
(b) Selection of Desalinization Development Facilities.--
(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 cost.--The initial cost of a facility shall
include--
(A) design costs;
(B) construction costs;
(C) lands, easements, and rights-of-way costs; and
(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 Secretary 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, maintenance, repair, and
rehabilitation of a desalinization facility shall be the responsibility
of the sponsor of the facility.
(e) Revenue.--All revenue generated from the sale of usable water
from a desalinization facility shall be retained by the sponsor of the
facility.
SEC. 6. MISCELLANEOUS AUTHORITIES.
In carrying out sections 4 and 5, the Secretary of the Interior and
the Secretary of the Army may--
(1) accept technical and administrative assistance from a
State or other public entities and from private persons in
connection with research and development 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;
(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 instruct the
Administrator of the Agency for International Development to sponsor an
international desalinization conference within 1 year after the date of
enactment of this Act.
(b) Participants.--Participants in the conference under subsection
(a) should include scientists, private industry experts, desalinization
experts and operators, government officials from the nations that use
and conduct research on desalinization, and government officials from
nations that could benefit from low-cost desalinization technology
(particularly nations in the developing world), and international
financial institutions.
(c) Purpose.--The conference under subsection (a) shall--
(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 International
Development shall encourage financial and other support from
other nations, including those 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 date of enactment
of this Act, and annually thereafter, the Secretary of the Interior, in
consultation with the Secretary of the Army, shall prepare a report to
the President and Congress concerning the administration of this Act.
(b) Contents.--A report under subsection (a) shall describe--
(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 authorized to be
appropriated to carry out section 4--
(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.--There are authorized to be
appropriated to carry out section 5 such sums as are necessary, up to a
total of $40,000,000 for the period consisting of fiscal years 1997
through 2001, of which 50 percent shall be made available to the
Department of the Interior and 50 percent shall be made available to
the civil works program of the Army Corps of Engineers.