[Congressional Record Volume 142, Number 60 (Friday, May 3, 1996)]
[Senate]
[Pages S4686-S4688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE WATER DESALINIZATION RESEARCH AND DEVELOPMENT ACT OF 1996
The Senate proceeded to consider the bill (S. 811) 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
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purposes, which had been reported from the Committee on Environment and
Public Works, with an amendment to strike all after the enacting clause
and inserting in lieu thereof the following:
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.
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(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.
The committee amendment was agreed to.
The bill (S. 811) was deemed read the third time and passed.
Mr. CHAFEE. Mr. President, today the Senate has passed S. 811, the
Water Desalinization and Research and Development Act. This
legislation, which was approved by the full Senate in both 1992 and
1994, is sponsored by Senators Simon, Reid, Mack, and others.
Very briefly, Mr. President, S. 811 authorizes an expanded U.S.
research and development program with the goal of producing lower cost
desalinization technologies. The bill assigns primary program
responsibility to the Department of the Interior, in coordination with
the Army Corps of Engineers.
In addition to the basic research and development program, S. 811
authorizes the development of experimental desalination facilities and
requires the Agency for International Development to host a conference
for countries either currently using or planning to use desalinization
technologies.
Mr. President, in the face of growing domestic water shortages, as
well as strategic international concerns, this legislation is designed
to increase the U.S. commitment to developing more economical
desalinization technology.
S. 811, as reported, authorizes $5 million in fiscal year 1997 for
the basic research and development at the Interior Department; $7.5
million is authorized for this purpose in each of fiscal years 1998
through 2001, for a 5-year total of $35 million.
For the facility development program, $40 million is authorized for
fiscal years 1997 through 2001. I note that the total authorization for
appropriations in this bill is $20 million less than the $95 million
provided in the bill as introduced.
I thank Senator Simon and the others who support this bill for
working with us to reduce the authorization levels. Based upon the very
limited amount of discretionary funding that will be available over the
next 5 to 7 years, we have no choice but to do more with less in this
area.
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