[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1309 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1309
To amend the Water Desalination Act of 1996 to reauthorize that Act and
to authorize the construction of a desalination research and
development facility at the Tularosa Basin, New Mexico, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 2, 2001
Mr. Domenici introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Water Desalination Act of 1996 to reauthorize that Act and
to authorize the construction of a desalination research and
development facility at the Tularosa Basin, New Mexico, 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 Supply Security Act of 2001''.
SEC. 2. AUTHORIZATION OF RESEARCH AND STUDIES.
Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by adding at the end the
following:
``(c) Tularosa Basin Desalination Facility.--
``(1) In general.--
``(A) Technology progress plan.--
``(i) In general.--Not later than 1 year
after the date of enactment of this subsection,
Sandia National Laboratories, in collaboration
with the Secretary of Energy and in
consultation with the Secretary, and using as
models the roles of desalination facilities
operated by the Federal Government and other
research institutions as of the date of
enactment of this subsection, shall develop a
desalination technology progress plan that
includes--
``(I) an overview of available
short-term and long-term desalination
technology development;
``(II) recommendations for the
location, siting, and configuration of
the facility under subparagraph (B);
``(III) an assessment of the
contributions that the facility could
make to the field of desalination; and
``(IV) recommendations concerning
the most effective and efficient manner
of carrying out subparagraph (B).
``(ii) Cost-sharing requirements.--The
cost-sharing requirements described in sections
1604 and 1605 of the Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h-2,
390h-3) shall not apply to--
``(I) the funding of the technology
progress plan described in clause (i);
``(II) the facility authorized to
be constructed under subparagraph (B);
or
``(III) any research carried out by
Sandia National Laboratories under this
Act.
``(B) Testing and evaluation facility.--
``(i) Construction.--Not later than 3 years
after the date of completion of the technology
progress plan under subparagraph (A), the
Secretary of Energy, in collaboration with the
Secretary and in accordance with the memorandum
of understanding described in subparagraph (C)
and the technology progress plan developed
under subparagraph (A)(i), shall construct a
desalination test and evaluation facility at
the Tularosa Basin, located in Otero County in
the State of New Mexico (referred to in this
subsection as the `facility').
``(ii) Report.--Not later than 1 year after
the date on which the facility begins
operation, the Secretary of Energy shall submit
to Congress a report that describes project
plans of, and any technological advancements
developed by, the facility.
``(iii) Contractors.--The Secretary of
Energy may enter into such contracts as are
necessary (including contracts with other
Federal agencies, State agencies, educational
institutions, and private entities and
organizations) to carry out this subparagraph.
``(C) Memorandum of understanding.--In carrying out
this paragraph, the Secretary of Energy and the
Secretary of the Interior shall enter into a memorandum
of understanding under which the Secretary of Energy
shall seek from the Secretary of the Interior, and the
Secretary of the Interior shall provide to the
Secretary of Energy, technical assistance and expertise
in the development and construction of the facility.
``(2) Purposes.--The facility--
``(A) shall be used--
``(i) to carry out research on, and to
test, demonstrate, and evaluate, new
desalination technologies (including long-term,
alternative technologies that have the
potential for significant desalination cost
reductions beyond the time frame of the focus
of current research);
``(ii) to fully evaluate the performance of
new technologies, including performance in--
``(I) energy consumption;
``(II) byproduct disposal; and
``(III) operational maintenance
costs; and
``(iii) to determine the most
technologically-efficient and cost-efficient
means by which potable water may be
produced from salinated water or other water that is unsuitable for
use; and
``(B) should be capable of processing at least
100,000 gallons of water per day.
``(3) Collaboration; facility discretion.--
``(A) Collaboration.--All research at the facility
shall be carried out by the Secretary of Energy, in
collaboration with the Secretary.
``(B) Facility discretion.--Research described in
paragraph (2)(A)(i) may be carried out at the facility
or at any other laboratory facility determined to be
suitable by Sandia National Laboratories.
``(4) Provision of water.--
``(A) In general.--Subject to subparagraph (B), all
desalinated water produced by the facility shall be
provided to 1 or more communities located in Otero
County, New Mexico, at no cost to the communities, as
jointly determined by the Secretary of Energy and the
Secretary.
``(B) Timing; supplementary aspect.--The water
provided under subparagraph (A) shall be--
``(i) provided only after technology
testing demonstrates that the water is of a
consistent, reliable quality, as determined by
Sandia National Laboratories, in coordination
with the Secretary of Energy; and
``(ii) supplementary to water provided by
public water systems or wells in the
communities.
``(5) Technical advisory committee.--
``(A) In general.--The Secretary and the Secretary
of Energy shall jointly establish a technical advisory
committee to provide, under such procedures as the
Secretary and the Secretary of Energy shall jointly
develop, program guidance and technical assistance in
carrying out this subsection.
``(B) Composition.--
``(i) In general.--The technical advisory
committee shall be composed of--
``(I) representatives from the
Department of the Interior and the
Department of Energy, to be appointed
by the Secretary and the Secretary of
Energy, respectively; and
``(II) such additional
representatives from academic
institutions, the private sector, other
Federal agencies, and educational
institutions, as the Secretary and the
Secretary of Energy, respectively,
determine to be appropriate.
``(ii) Chairpersons.--A representative of
the Department of the Interior selected by the
Secretary and a representative of the
Department of Energy selected by the Secretary
of Energy shall serve as cochairpersons of the
technical advisory committee.
``(6) Cost sharing.--Section 7 shall not apply to this
subsection.''.
SEC. 3. CONSULTATION; AUTHORIZATION OF APPROPRIATIONS.
The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298) is amended--
(1) by striking section 8;
(2) by redesignating section 9 as section 8;
(3) in section 8 (as redesignated by paragraph (2)), in the
first sentence, by striking ``Army,'' and inserting ``Army and
the Secretary of Energy,''; and
(4) by adding at the end the following:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``(a) Research and Studies.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out section 3 and section 4(c)(1)(A)
$6,000,000 for each of fiscal years 2002 through 2008.
``(2) Research programs.--Of the amounts made available
under paragraph (1)--
``(A) not to exceed $1,000,000 for each fiscal year
may be awarded, without any cost-sharing requirement,
to institutions of higher education (including United
States-Mexico binational research foundations and
interuniversity research programs established by the 2
countries) for research grants; and
``(B) not less than $1,000,000 of the amount made
available for fiscal year 2002 shall be used to carry
out section 4(c)(1)(A).
``(3) Internal research.--
``(A) In general.--Of the amounts made available
under paragraph (1) to carry out section 3 for each of
fiscal years 2002 through 2008, the Secretary may use
not more than 25 percent for research carried out by
the Department of the Interior.
``(B) Cost sharing.--Research described in
subparagraph (A) shall not be subject to any cost-
sharing requirement.
``(b) Desalination Demonstration and Development.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out section 4 (other than section
4(c)) $30,000,000 for the period of fiscal years 2002 through
2008.
``(2) Desalination research and development facility.--
There is authorized to be appropriated to the Secretary of
Energy for transfer to Sandia National Laboratories, to carry
out section 4(c) (other than section 4(c)(1)(A)) $6,000,000 for
each of fiscal years 2003 through 2008.''.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Authorization of Research and Studies.--Section 3 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as subparagraphs (A), (B), (C), (D),
(E), (F), and (G), respectively, and indenting appropriately;
(B) by striking ``In order to'' and inserting the
following:
``(1) In general.--To'';
(C) in the first sentence--
(i) by striking ``is authorized to award
grants and to enter into contracts,'' and
inserting ``may award grants and enter into
cooperative agreements, interagency agreements,
and contracts,''; and
(ii) by inserting ``and'' after ``financing
of research''; and
(D) by striking ``Awards'' and all that follows
through ``include--'' and inserting the following:
``(2) Locations.--If the Secretary determines that it is in
the national interest, the Secretary may carry out a program
described in paragraph (1), in accordance with all applicable
law, at a location outside the United States.
``(3) Basis for grants, agreements, and contracts.--All
awards of grants and all cooperative agreements, interagency
agreements, and contracts entered into under paragraph (1),
shall be made on the basis of a competitive, merit-reviewed
process.
``(4) Topics.--Research and study topics authorized by this
section include--''; and
(2) in subsection (c), by striking ``other facilities and
educational institutions suitable'' and inserting the
following: ``educational institutions, international
organizations, international foundations, and international
educational institutions, and other facilities suitable''.
(b) Desalination Demonstration and Development.--Section 4 of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
``(b) Location.--If the Secretary determines that it is in the
national interest, the Secretary may carry out the program described in
subsection (a), in accordance with all applicable law, at a location
outside the United States.''; and
(3) in subsection (c) (as redesignated by paragraph (1)),
by striking ``conducted through'' and all that follows through
``to develop'' and inserting the following: ``conducted through
the provision of grants to, and the entering into cooperative
agreements and contracts (including cost-sharing agreements)
with, non-Federal public utilities, State and local
governmental agencies, educational institutions, international
organizations, international foundations, international
educational institutions, and other entities, as appropriate,
to develop''.
(c) Cost Sharing.--Section 7 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
(1) by striking the first sentence and inserting the
following:
``(a) In General.--
``(1) All projects.--Notwithstanding any other provision of
law, 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--
``(A) except as provided in paragraph (2) and in
section 9(a)(3)(B), shall not exceed 100 percent of the
total cost of the project or activity; and
``(B) may be paid out of--
``(i) funds made available to the
Secretary, in an amount not to exceed 50
percent of the total cost of the project or
activity;
``(ii) funds made available to 1 or more
other heads of Federal agencies; or
``(iii) a combination of funds described in
clauses (i) and (ii).
``(2) Interior projects.--The Federal share of the cost of
a project or activity described in paragraph (1) that is
carried out by the Secretary shall not exceed 50 percent.'';
(2) by striking ``A Federal contribution'' and inserting
the following:
``(b) Determination of Infeasibility.--A contribution by the
Secretary described in subsection (a)(2) that is'';
(3) by striking ``The Secretary shall prescribe'' and
inserting the following:
``(c) Procedures.--The Secretary shall prescribe''; and
(4) by striking ``Costs of operation,'' and inserting the
following:
``(d) Non-Federal Responsibilities.--Costs of operation,''.
(d) Consultation.--Section 8 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) (as redesignated by section
3(2)) is amended to read as follows:
``SEC. 8. CONSULTATION.
``(a) In General.--In carrying out this Act, the Secretary shall
consult with the heads of other Federal agencies (including the
Secretary of the Army) that have experience in conducting desalination
research or operating desalination facilities.
``(b) International Consultation.--In a case in which the Secretary
intends to conduct an activity under this Act in accordance with
section 3(a)(2) or 4(b), the Secretary shall consult with the Secretary
of State before beginning the conduct of the activity.
``(c) Other Programs.--Nothing in this Act prohibits any other
agency from carrying out a program for desalination research or
operation that is authorized under any other provision of law.''.
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