[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5768 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5768

     To amend the Reclamation Wastewater and Groundwater Study and 
 Facilities Act to provide standards and procedures for the review of 
                 water reclamation and reuse projects.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2006

 Mrs. Napolitano introduced the following bill; which was referred to 
                       the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
     To amend the Reclamation Wastewater and Groundwater Study and 
 Facilities Act to provide standards and procedures for the review of 
                 water reclamation and reuse projects.

    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 ``Reclaiming the Nation's Water Act''.

SEC. 2. PURPOSE; DEFINITIONS.

    The Reclamation Wastewater and Groundwater Study and Facilities Act 
(43 U.S.C. 390h et seq.) is amended--
            (1) by striking section 1603;
            (2) by redesignating section 1602 as section 1603; and
            (3) by inserting after section 1601 the following:

``SEC. 1602. PURPOSES; DEFINITIONS.

    ``(a) Purposes.--The purposes of this title are--
            ``(1) to assist in the development of permanent local and 
        regional water reclamation and reuse projects in--
                    ``(A) the States and areas referred to in the first 
                section of the Act of June 17, 1902 (43 U.S.C. 391); 
                and
                    ``(B) the State of Hawaii; and
            ``(2) to further improvements in water reclamation and 
        reuse technologies through the conduct of--
                    ``(A) research; and
                    ``(B) demonstration activities in the States and 
                areas described in subparagraphs (A) and (B) of 
                paragraph (1).
    ``(b) Definitions.--In this title:
            ``(1) Financially capable project sponsor.--The term 
        `financially capable project sponsor' means a non-Federal 
        project sponsor that is capable of providing--
                    ``(A) the non-Federal share of the project costs; 
                and
                    ``(B) 100 percent of the operations and maintenance 
                costs of the project.
            ``(2) Non-federal project sponsor.--The term `non-Federal 
        project sponsor' means a State, regional, or local authority or 
        other qualifying entity, such as a water conservation district, 
        water conservancy district, or rural water district or 
        association.
            ``(3) Federal reclamation laws.--The term `Federal 
        reclamation laws' means the Act of June 17, 1902 (32 Stat. 388, 
        chapter 1093), and Acts supplemental to and amendatory of that 
        Act (43 U.S.C. 371 et seq.).
            ``(4) Reclaim; reclamation.--The terms `reclaim' and 
        `reclamation' include recycling and desalination.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(6) Technically and financially viable project.--The term 
        `technically and financially viable project' means a project 
        that--
                    ``(A) is a technically viable project; and
                    ``(B) has a financially capable project sponsor.
            ``(7) Technically viable project.--The term `technically 
        viable project' means a project that--
                    ``(A) meets generally acceptable engineering, 
                public health, and environmental standards; and
                    ``(B) has obtained or is expected to obtain 
                approval of all Federal, State, and local permits 
                necessary for implementation of the project.''.

SEC. 3. GENERAL AUTHORITY.

    Section 1603(a) of the Reclamation Wastewater and Groundwater Study 
and Facilities Act (as redesignated by section 2(2)), is amended--
            (1) by striking ``The Secretary of the Interior'' and all 
        that follows through ``is directed to'' and inserting ``The 
        Secretary, acting pursuant to Federal reclamation laws, 
        shall'';
            (2) by striking ``investigate and identify'' and inserting 
        ``participate in''; and
            (3) by striking ``to conduct research, including 
        desalting'' and inserting ``conduct research, including 
        desalination''.

SEC. 4. REVIEW OF PROPOSALS SUBMITTED BY NON-FEDERAL PROJECT SPONSORS.

    The Reclamation Wastewater and Groundwater Study and Facilities Act 
(43 U.S.C. 390h et seq.) is amended by striking section 1604 and 
inserting the following:

``SEC. 1604. REVIEW OF PROPOSALS SUBMITTED BY NON-FEDERAL PROJECT 
              SPONSORS.

    ``(a) Authority to Review.--The Secretary shall review any project 
proposal under this title that is--
            ``(1) developed by a non-Federal project sponsor--
                    ``(A) independently; or
                    ``(B) with the assistance of the Department of the 
                Interior or any other governmental or nongovernmental 
                entity; and
            ``(2) submitted or resubmitted to the Secretary by a non-
        Federal project sponsor, including a project proposal that has 
        been previously reviewed for feasibility by the Secretary.
    ``(b) Requirements.--In addition to complying with any requirements 
of other Federal laws, a project proposal submitted by a non-Federal 
project sponsor under this section shall--
            ``(1) provide sufficient evidence, as determined by the 
        Secretary, to demonstrate that the project--
                    ``(A) is a technically viable project; and
                    ``(B) has a financially capable project sponsor; 
                and
            ``(2) provide information on each of the factors described 
        in subsection (d)(1)(B)(ii).
    ``(c) Determination of Financial and Technical Viability.--
            ``(1) In general.--Not later than 30 days after the date on 
        which a non-Federal project sponsor submits a project proposal 
        (including any supporting documentation) under subsection 
        (a)(2), the Secretary shall provide to the non-Federal project 
        sponsor written notice on whether the project proposal includes 
        sufficient information under paragraph (2) for the Secretary to 
        determine whether the proposed project is a technically and 
        financially viable project.
            ``(2) Checklist.--A project proposal shall include 
        sufficient information for a determination under paragraph (1) 
        if the proposal includes--
                    ``(A) a map of the proposed project area and 
                service area;
                    ``(B) a project description or plan, including 
                engineering plans;
                    ``(C) the initial cost estimates for the project;
                    ``(D) a financial plan for the project; and
                    ``(E) a report on the status of any Federal, State, 
                and local permits that are necessary to implement the 
                project.
            ``(3) Determination of insufficient information.--
                    ``(A) In general.--If the Secretary determines that 
                there is insufficient information in the project 
                proposal for the Secretary to determine whether the 
                project is a technically and financially viable 
                project--
                            ``(i) the Secretary shall provide to the 
                        non-Federal project sponsor written notice that 
                        identifies any information that the Secretary 
                        determines to be necessary to make the 
                        determination; and
                            ``(ii) the non-Federal project entity may 
                        submit a revised project proposal to the 
                        Secretary.
                    ``(B) Notification.--Not later than 21 days after 
                the date on which a non-Federal project sponsor submits 
                a revised proposal to the Secretary under subparagraph 
                (A)(ii), the Secretary shall provide to the non-Federal 
                project sponsor written notice that describes whether 
                sufficient information has been provided to make a 
                determination on whether the project is a technically 
                and financially viable project.
    ``(d) Notice to Congress.--
            ``(1) In general.--Not later than 180 days after the date 
        on which the Secretary determines that a project proposal 
        includes sufficient information to make a determination on 
        whether the project is a technically and financially viable 
        project, the Secretary shall submit to Congress a written 
        notice of the findings of the Secretary that includes--
                    ``(A) a statement and explanation of the 
                determination on whether the project is a technically 
                and financially viable project; and
                    ``(B) a concise recommendation of the Secretary on 
                whether the project should be authorized for 
                construction, that is based on, but is not required to 
                describe--
                            ``(i) the results of the review of the 
                        project proposal under subsection (a); and
                            ``(ii) the consideration of the following 
                        factors:
                                    ``(I) The cost per acre-foot of 
                                water to be produced by the project.
                                    ``(II) The quality and quantity of 
                                water to be produced by the project.
                                    ``(III) The cost-effectiveness of 
                                the project compared with other 
                                available alternatives, including 
                                whether other comparatively cost-
                                effective alternatives for meeting a 
                                significant water supply need for the 
                                project exist.
                                    ``(IV) Any environmental benefits 
                                or adverse effects of the project.
                                    ``(V) The extent to which the 
                                project would help serve an identified 
                                Federal interest.
                                    ``(VI) The extent to which the 
                                project would provide regional 
                                benefits.
                                    ``(VII) Whether the project 
                                demonstrates innovative or alternative 
                                technologies or processes relating to 
                                water treatment or waste minimization 
                                and management.
            ``(2) Availability.--To ensure that the determination and 
        recommendation submitted under paragraph (1) are made publicly 
        available, the Secretary shall--
                    ``(A) transmit a copy of the written notice under 
                paragraph (1) to--
                            ``(i) the Committee on Energy and Natural 
                        Resources of the Senate; and
                            ``(ii) the Committee on Resources of the 
                        House of Representatives; and
                    ``(B) publish in the Federal Register notice of the 
                availability of the written notice.
    ``(e) Revisions to Proposal.--
            ``(1) In general.--If the Secretary determines under 
        subsection (d)(1)(A) that a project is not a technically and 
        financially viable project, the Secretary shall not be required 
        to conduct further analysis of the project until the non-
        Federal project sponsor--
                    ``(A) conducts an additional investigation of the 
                project; and
                    ``(B) resubmits a revised project proposal in 
                accordance with this section.
            ``(2) Costs.--The non-Federal project sponsor shall pay any 
        costs associated with revising the project proposal under 
        paragraph (1).
    ``(f) Congressional Determination and Authorization.--
            ``(1) Congressional determination.--Congress may make the 
        determination on whether to authorize a project under this 
        title if--
                    ``(A) the Secretary submits the written notice 
                under subsection (d)(1);
                    ``(B) by the date that is 60 days after the date on 
                which a non-Federal project sponsor submits a project 
                proposal under subsection (a)(2), the Secretary does 
                not submit written notice to the non-Federal project 
                sponsor under subsection (c)(1); or
                    ``(C) by the date that is 180 days after the date 
                on which the Secretary determines that a project 
                proposal includes sufficient information to make a 
                determination on whether the project is a technically 
                and financially viable project, the Secretary does not 
                submit the written notice under subsection (d)(1).
            ``(2) Congressional authorization.--Nothing in this section 
        precludes Congress from authorizing a project under this title.
    ``(g) Transition Provisions.--
            ``(1) In general.--A non-Federal project sponsor that has 
        submitted to the Secretary for review a feasibility study for a 
        project under this title before the date of enactment of the 
        Reclaiming the Nation's Water Act may--
                    ``(A) submit a new project proposal for approval 
                under subsection (a); or
                    ``(B) notify the Secretary in writing that the non-
                Federal project sponsor elects to seek approval of the 
                project using the previously submitted feasibility 
                study.
            ``(2) Supplemental information.--If the non-Federal project 
        sponsor makes the election under paragraph (1)(B), the non-
        Federal project sponsor may supplement the previously submitted 
        feasibility study to provide additional information--
                    ``(A) on whether the project is a technically and 
                financially viable project; and
                    ``(B) to address each of the factors described in 
                subsection (d)(1)(B)(ii).
            ``(3) Determination of technical and financial viability.--
        Not later than 90 days after the date on which the Secretary 
        receives notice of an election under paragraph (1)(B), the 
        Secretary shall determine whether the project is a technically 
        and financially viable project.
            ``(4) Notice to congress.--Not later than 180 days after 
        the date on which the Secretary receives notice of an election 
        under paragraph (1)(B), the Secretary shall submit to Congress 
        written notice on the determination and recommendation of the 
        Secretary with respect to the proposal in accordance with 
        subsection (d).''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 1631 of the Reclamation Wastewater and Groundwater Study 
and Facilities Act (43 U.S.C. 390h-13) is amended--
            (1) in subsection (b)(1)--
                    (A) by striking ``may not be appropriated'' and 
                inserting ``may not be expended by the Secretary''; and
                    (B) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) Congress has authorized the construction of 
                the project;
                    ``(B) the Secretary has determined that the project 
                has a financially capable project sponsor; and'';
            (2) in subsection (c), by striking ``the non-Federal 
        project sponsor'' and all that follows through ``project's 
        costs'' and inserting ``the project has a financially capable 
        project sponsor''; and
            (3) by adding at the end the following:
    ``(e) Limitation on New Projects.--
            ``(1) In general.--The Federal share of the total costs of 
        any project authorized under this title after the date of 
        enactment of the Reclaiming the Nation's Water Act shall be not 
        more than 20 percent.
            ``(2) Operation and maintenance costs.--No Federal funds 
        shall be used to pay the costs of operating and maintaining any 
        project authorized under this title after the date of enactment 
        of the Reclaiming the Nation's Water Act.
    ``(f) Deauthorization.--Any project authorized under this title 
that has not received Federal funding by the date that is the later of 
the date that is 10 years after the date of enactment of the Reclaiming 
the Nation's Water Act or 10 years after the date on which construction 
of the project is authorized shall be deauthorized.''.

SEC. 6. REUSE PLANNING ASSISTANCE PROGRAM.

    The Reclamation Wastewater and Groundwater Study and Facilities Act 
(43 U.S.C. 390h et seq.) is amended by adding at the end the following:

``SEC. 1639. REUSE PLANNING ASSISTANCE PROGRAM.

    ``(a) In General.--The Secretary may cooperate with any non-Federal 
project sponsor in the preparation of any plan (including a project 
proposal) for the development of reclaimed water for reuse applications 
or environmental benefits that are in the public interest, as 
determined by the Secretary.
    ``(b) Agreement.--
            ``(1) In general.--At the request of a non-Federal project 
        sponsor, the Secretary may enter into an agreement with the 
        non-Federal project sponsor to provide for the preparation of a 
        project proposal for review under section 1604(a).
            ``(2) Requirements.--Any project proposal prepared under an 
        agreement entered into under paragraph (1) shall comply with 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.), including any regulations promulgated to carry out 
        that Act.
            ``(3) Consultation.--The Secretary shall consult and 
        cooperate with appropriate Federal, State, regional, and local 
        entities during the development of each project proposal 
        prepared under an agreement entered into under paragraph (1).
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section not more than $4,400,000 for fiscal 
        year 2007 and each fiscal year thereafter, of which--
                    ``(A) not more than $500,000 shall be expended in 
                any 1 fiscal year for a plan for any 1 project; and
                    ``(B) not more than a total of $1,000,000 shall be 
                made available to a non-Federal project sponsor to 
                prepare a plan for any 1 project.
            ``(2) Federal share.--The Federal share of the total costs 
        of any plan for a project prepared under an agreement entered 
        into under subsection (b)(1) shall be not more than 50 
        percent.''.

SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Technical Amendments.--The Reclamation Wastewater and 
Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) is 
amended--
            (1) in section 1612(a) (43 U.S.C. 390h-10(a)), by striking 
        ``California or'' and inserting ``California, or''; and
            (2) in section 1632(a) (43 U.S.C. 390h-14(a))--
                    (A) by striking ``Secretary of the Interior'' and 
                inserting ``Secretary''; and
                    (B) in paragraph (2), by striking the comma and 
                inserting a semicolon.
    (b) Conforming Amendments.--The table of sections in section 2 of 
the Reclamation Projects Authorization and Adjustment Act of 1992 (43 
U.S.C. prec. 371) is amended--
            (1) by striking the items relating to sections 1602 through 
        1604 and inserting the following:

``Sec. 1602. Purposes; Definitions.
``Sec. 1603. General authority.
``Sec. 1604. Review of proposals submitted by non-Federal project 
                            sponsors.'';
    and
            (2) by inserting after the item relating to section 1638 
        the following:

``Sec. 1639. Reuse planning assistance program.''.
                                 <all>