[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Reported in Senate (RS)]






                                                       Calendar No. 701
108th CONGRESS
  2d Session
                                S. 1211

                          [Report No. 108-347]

   To further the purposes of title XVI of the Reclamation Projects 
Authorization and Adjustment Act of 1992, the ``Reclamation Wastewater 
and Groundwater Study and Facilities Act'', by directing the Secretary 
    of the Interior to undertake a demonstration program for water 
    reclamation in the Tularosa Basin of New Mexico, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2003

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 20, 2004

  Reported by Mr. Domenici, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To further the purposes of title XVI of the Reclamation Projects 
Authorization and Adjustment Act of 1992, the ``Reclamation Wastewater 
and Groundwater Study and Facilities Act'', by directing the Secretary 
    of the Interior to undertake a demonstration program for water 
    reclamation in the Tularosa Basin of 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,

<DELETED>SECTION 1. TULAROSA BASIN FACILITY.</DELETED>

<DELETED>    (a) In furtherance of the purposes of title XVI of the 
Reclamation Projects Authorization and Adjustment Act of 1992 (106 
Stat. 4600, 4663; 43 U.S.C. 390h), the Secretary of the Interior 
(``Secretary'') shall construct, manage, and maintain a test and 
evaluation facility (`facility') at the Tularosa Basin, located in 
Otero County in the State of New Mexico capable of processing at least 
100,000 gallons of water per day.</DELETED>
<DELETED>    (b) Objectives of Facility.--The facility shall be used to 
carry out research on, and to test, demonstrate, and evaluate new 
desalination technologies to produce potable water from saline or other 
unsuitable water, including analysis of effects on energy consumption, 
byproduct disposal, and operations and maintenance costs to determine 
the most technologically-efficient and cost-effective means to produce 
potable water from saline or other unsuitable water using desalination 
technologies.</DELETED>
<DELETED>    (c) Technology Plan Development.--The Secretary shall 
contract with Sandia National Laboratory (``Sandia'') to develop a 
desalination technology plan (`plan') within one year from the date 
when funds are made available for the purposes of this Act. The plan 
shall--</DELETED>
        <DELETED>    (1) be developed in consultation with the 
        Secretary and the Secretary of Energy;</DELETED>
        <DELETED>    (2) consider the experience of similar facilities 
        and research programs operated by the Federal government and by 
        other research institutions; and</DELETED>
        <DELETED>    (3) include recommendations for the siting and 
        configuration of the facility and the research and development 
        program to be undertaken at the facility.</DELETED>
<DELETED>    (d) Review of Plan.--The Secretary shall review the plan 
and may modify or change any recommendation after consultation with the 
Secretary of Energy.</DELETED>
<DELETED>    (e) Construction of Facility.--Within three years from the 
date of completion of the plan, the Secretary shall construct the 
facility in accordance with the recommendations contained in the plan, 
including any modifications or changes. The Secretary may contract with 
other Federal agencies, State agencies, educational institutions, and 
private entities for construction of the facility.</DELETED>
<DELETED>    (f) Memorandum of Agreement for Operation.--The Secretary 
and the Secretary of Energy shall enter into a Memorandum of Agreement 
for the operation of the facility and the conduct of research under 
this Act. Research may be conducted at the facility and may also be 
carried out at any laboratory facility determined to be suitable by 
Sandia. The Secretary and the Secretary of Energy shall establish a 
technical advisory panel drawn from Federal or State agencies, academic 
institutions, and private or public entities to provide program 
guidance and technical assistance in the operation or the facility and 
conduct of research.</DELETED>
<DELETED>    (g) Provision of Water.--The Secretary shall dispose of 
all water produced by the facility under contract with one more 
communities located in Otero County, New Mexico where the water would 
be supplementary to water provided by public water systems or wells in 
the communities and only after Sandia notifies the Secretary that the 
water is of a consistent, reliable quality. The water shall be provided 
at no cost to the local community except for the costs of conveyance 
and delivery.</DELETED>

<DELETED>SEC. 2. RESEARCH AND DEVELOPMENT PROGRAM.</DELETED>

<DELETED>    The Secretary and the Secretary of Energy may undertake 
research and development of desalination technologies in addition to 
the program carried out at the facility directly or by contract, 
interagency agreement, cooperative agreement, or grant. Any agreement 
or grant may be made only on the basis of a competitive, merit-reviewed 
process. The Secretary and the Secretary of Energy may carry out the 
program at a location outside the United States after consultation with 
and approval by the Secretary of State.</DELETED>

<DELETED>SEC. 3. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Appropriations may be made to the Secretary and to the 
Secretary of Energy. There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this Act, but not to 
exceed--</DELETED>
        <DELETED>    (1) $1,500,000 for development of the plan under 
        section 1(c);</DELETED>
        <DELETED>    (2) $30,00,000 (January 2003 price levels), plus 
        or minus such amounts, if any, as may be required by reason of 
        ordinary fluctuations in construction costs as indicated by 
        engineering cost indexes applicable to the types of 
        construction involved for the construction of the 
        facility;</DELETED>
        <DELETED>    (3) $6,000,000 for each of fiscal years 2004 
        through 2010 for transfer to Sandia to carry out research 
        programs associated with the facility; and</DELETED>
        <DELETED>    (4) $10,000,000 for each of fiscal years 2004 
        through 2010 for research and development activities under 
        section 2 of which not more than $1,500,000 in any fiscal year 
        may be for research undertaken directly by the Secretary and 
        not more than $1,000,000 in any fiscal year may be for grants 
        to institutions of higher education (including United States-
        Mexico binational research foundations and interuniversity 
        research programs established by the 2 countries).</DELETED>

SECTION 1. TULAROSA BASIN FACILITY.

    (a) In General.--The Secretary of the Interior (referred to in this 
Act as the ``Secretary'') shall construct, manage, and maintain a test 
and evaluation facility (referred to in this Act as the ``facility'') 
at the Tularosa Basin, located in Otero County in the State of New 
Mexico capable of processing at least 100,000 gallons of water per day.
    (b) Objectives of Facility.--The facility shall be used to carry 
out research on, and to test, demonstrate, and evaluate new 
desalination technologies to produce potable water from saline or other 
unsuitable water, including analysis of effects on energy consumption, 
byproduct disposal, and operations and maintenance costs to determine 
the most technologically-efficient and cost-effective means to produce 
potable water from saline or other unsuitable water using desalination 
technologies.
    (c) Technology Plan Development.--The Secretary shall contract with 
Sandia National Laboratory (referred to in this Act as ``Sandia'') to 
develop a desalination technology plan (referred to in this Act as the 
``plan'') not later than 1 year after the date on which funds are made 
available for the purposes of this Act. The plan shall--
            (1) be developed in consultation with the Secretary and the 
        Secretary of Energy;
            (2) consider the experience of similar facilities and 
        research programs operated by the Federal government and by 
        other research institutions; and
            (3) include recommendations for the siting and 
        configuration of the facility and the research and development 
        program to be undertaken at the facility.
    (d) Review of Plan.--The Secretary shall review the plan and may 
modify or change any recommendation after consultation with the 
Secretary of Energy.
    (e) Construction of Facility.--Not later than 3 years after the 
date of completion of the plan, the Secretary shall construct the 
facility in accordance with the recommendations contained in the plan, 
including any modifications or changes. The Secretary may contract with 
other Federal agencies, State agencies, educational institutions, and 
private entities for construction of the facility.
    (f) Memorandum of Agreement for Operation.--The Secretary and the 
Secretary of Energy shall enter into a Memorandum of Agreement for the 
operation of the facility and the conduct of research under this Act. 
Research may be conducted at the facility and may also be carried out 
at any laboratory facility determined to be suitable by Sandia. The 
Secretary and the Secretary of Energy shall establish a technical 
advisory panel drawn from Federal or State agencies, academic 
institutions, and private or public entities to provide program 
guidance and technical assistance in the operation of the facility and 
conduct of research.
    (g) Provision of Water.--
            (1) In general.--The Secretary shall dispose of all water 
        produced by the facility under contract with 1 or more 
        communities located in Otero County, New Mexico where the water 
        would be supplementary to water provided by public water 
        systems or wells in the communities and only after Sandia 
        notifies the Secretary that the water is of a consistent, 
        reliable quality.
            (2) Cost.--Any water provided by the Secretary to a 
        community under paragraph (1) shall be provided at a cost not 
        to exceed the fair market value of the water.
            (3) Use of revenue.--The Secretary may use the amounts 
        collected under paragraph (2) to assist in paying the 
        operational costs of the facility.

SEC. 2. RESEARCH AND DEVELOPMENT PROGRAM.

    The Secretary and the Secretary of Energy may undertake research 
and development of desalination technologies in addition to the program 
carried out at the facility directly or by contract, interagency 
agreement, cooperative agreement, or grant. Any agreement or grant may 
be made only on the basis of a competitive, merit-reviewed process. The 
Secretary and the Secretary of Energy may carry out the program at a 
location outside the United States after consultation with and approval 
by the Secretary of State.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Appropriations may be made to the Secretary and to the Secretary of 
Energy. There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act, but not to exceed--
            (1) $1,500,000 for development of the plan under section 
        1(c);
            (2) $3,000,000 (January 2003 price levels), plus or minus 
        such amounts, if any, as may be required by reason of ordinary 
        fluctuations in construction costs as indicated by engineering 
        cost indexes applicable to the types of construction involved 
        for the construction of the facility;
            (3) $6,000,000 for each of fiscal years 2005 through 2010 
        for transfer to Sandia to carry out research programs 
        associated with the facility; and
            (4) $10,000,000 for each of fiscal years 2005 through 2010 
        for research and development activities under section 2 of 
        which not more than $1,500,000 in any fiscal year may be for 
        research undertaken directly by the Secretary and not more than 
        $1,000,000 in any fiscal year may be for grants to institutions 
        of higher education (including United States-Mexico binational 
        research foundations and interuniversity research programs 
        established by the 2 countries).
            Amend the title so as to read: ``A bill to direct the 
        Secretary of the Interior to undertake a demonstration program 
        for water reclamation in the Tularosa Basin of New Mexico, and 
        for other purposes.''.




                                                       Calendar No. 701

108th CONGRESS

  2d Session

                                S. 1211

                          [Report No. 108-347]

_______________________________________________________________________

                                 A BILL

   To further the purposes of title XVI of the Reclamation Projects 
Authorization and Adjustment Act of 1992, the ``Reclamation Wastewater 
and Groundwater Study and Facilities Act'', by directing the Secretary 
    of the Interior to undertake a demonstration program for water 
    reclamation in the Tularosa Basin of New Mexico, and for other 
                               purposes.

_______________________________________________________________________

                           September 20, 2004

        Reported with an amendment and an amendment to the title