II 109th CONGRESS 2d Session S. 3639 IN THE SENATE OF THE UNITED STATES July 12, 2006 Ms. Murkowski (for herself and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural 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.

1.

Short title

This Act may be cited as the Reclaiming the Nation's Water Act.

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:

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.

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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.

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:

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).

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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. .

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:

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.

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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. .