[House Report 116-667]
[From the U.S. Government Publishing Office]


116th Congress   }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {     116-667

======================================================================



 
             WATER RECYCLING INVESTMENT AND IMPROVEMENT ACT

                                _______
                                

 December 18, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1162]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1162) to establish a grant program for the 
funding of water recycling and reuse projects, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Water Recycling Investment and 
Improvement Act''.

SEC. 2. COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER RECYCLING 
                    AND REUSE PROJECTS.

  (a) Competitive Grant Program for the Funding of Water Recycling and 
Reuse Projects.--Section 1602(f) of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (title XVI of Public Law 102-575; 
43 U.S.C. 390h et seq.) is amended by striking paragraphs (2) and (3) 
and inserting the following:
          ``(2) Priority.--When funding projects under paragraph (1), 
        the Secretary shall give funding priority to projects that meet 
        one or more of the following criteria:
                  ``(A) Projects that are likely to provide a more 
                reliable water supply for States and local governments.
                  ``(B) Projects that are likely to increase the water 
                management flexibility and reduce impacts on 
                environmental resources from projects operated by 
                Federal and State agencies.
                  ``(C) Projects that are regional in nature.
                  ``(D) Projects with multiple stakeholders.
                  ``(E) Projects that provide multiple benefits, 
                including water supply reliability, eco-system 
                benefits, groundwater management and enhancements, and 
                water quality improvements.''.
  (b) Authorization of Appropriations.--Section 1602(g) of the 
Reclamation Wastewater and Groundwater Study and Facilities Act (title 
XVI of Public Law 102-575; 43 U.S.C. 390h et seq.) is amended--
          (1) by striking ``$50,000,000'' and inserting ``$500,000,000 
        through fiscal year 2025''; and
          (2) by striking ``if enacted appropriations legislation 
        designates funding to them by name,''.
  (c) Duration.--Section 4013 of the WIIN Act (43 U.S.C. 390b(2)) is 
amended--
          (1) in paragraph (1), by striking ``and'';
          (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
          (3) by adding at the end the following:
          ``(3) section 4009(c).''.
  (d) Limitation on Funding.--Section 1631(d) of the Reclamation 
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)) is amended by striking ``$20,000,000 (October 1996 prices)'' and 
inserting ``$30,000,000 (January 2019 prices)''.

                          Purpose of the Bill

    The purpose of H.R. 1162 is to establish a grant program 
for the funding of water recycling and reuse projects.

                  Background and Need for Legislation

    Water recycling and reuse projects recover and treat 
wastewater and impaired ground and surface water to repurpose 
it for a new intended use. In regions frequently affected by 
drought, water recycling and reuse projects can provide new, 
virtually drought-proof local water supplies for a variety of 
uses. The arid western states, and California in particular, 
have significantly increased recycled water use in recent 
years. Since the 1980s, California has nearly tripled recycled 
water use and its use continues to grow.\1\ Despite this 
growth, water recycling still represents a major untapped new 
water source for California and other regions affected by 
droughts, which are becoming increasingly frequent and severe 
due to climate change.\2\ California currently reuses a small 
fraction of its wastewater--approximately 700,000 acre-feet per 
year--or enough water to supply approximately four million 
people per year.\3\ The state recently established a goal to 
increase recycled water to at least 2.5 million acre-feet per 
year by 2030, which would supply fifteen million Californians 
each year.\4\
---------------------------------------------------------------------------
    \1\California's Growing Demand for Recycled Water Has Ripple 
Effects, Public Policy Institute of California (May 2019), https://
www.ppic.org/blog/californias-growing-demand-for-recycled-water-has-
ripple-effects/.
    \2\Heather Cooley, and R. Phurisamban, The Cost of Alternative 
Water Supply and Efficiency Options in California, Pacific Institute 
(October 2016), https://pacinst.org/wp-content/uploads/2016/10/
PI_TheCostofAlternativeWaterSupplyEfficiencyOptionsinCA.pdf.
    \3\California's Growing Demand for Recycled Water Has Ripple 
Effects, Public Policy Institute of California (May 2019), https://
www.ppic.org/blog/californias-growing-demand-for-recycled-water-has-
ripple-effects/.
    \4\California Water Resilience Portfolio, California Natural 
Resources Agency (July 2020), https://waterresilience.ca.gov/wp-
content/uploads/2020/07/Final_California-Water-Resilience-Portfolio-
2020_ADA3_v2_ay11-opt.pdf
---------------------------------------------------------------------------
    Title XVI of Public Law 102-575, commonly referred to as 
the Title XVI Water Reclamation and Reuse program (Title XVI 
Program), provides the U.S. Bureau of Reclamation (Reclamation) 
with the authority to support water projects that reclaim and 
reuse municipal, industrial, and agricultural wastewater and 
naturally impaired ground and surface water. The Title XVI 
Program provides funding for up to 25 percent of the planning, 
design, and construction costs of a water recycling project in 
the Western United States and United States territories. At 
least 75 percent of the remaining costs are paid for by non-
federal cost-share sponsors, typically local water utilities. 
In 2016, amendments in P.L. 114-322 to Title XVI of P.L. 102-
575 authorized a water recycling competitive grant program to 
fund planning, design, and construction of projects that have 
been studied in non-federal feasibility studies and approved by 
the Interior Secretary for federal action.\5\
---------------------------------------------------------------------------
    \5\Section 4009(c) of the WIIN Act, P.L. 114-322.
---------------------------------------------------------------------------
    Since 1992, approximately $715 million in federal funds for 
the Title XVI Program has been leveraged with more than $2.8 
billion in non-federal funds to construct water recycling 
projects across the West.\6\ In 2018, an estimated 431,000 
acre-feet of water was recycled and made available through 
Title XVI projects.\7\
---------------------------------------------------------------------------
    \6\United States Government Accountability Office, Water Reuse 
Grant Program Supports Diverse Projects and Is Managed Consistently 
with Federal Regulation (December 2018), https://www.gao.gov/assets/
700/696007.pdf.
    \7\U.S. Bureau of Reclamation, Title XVI--Water Reclamation and 
Reuse (Updated Sept. 10, 2020), https://www.usbr.gov/watersmart/title/
index.html.
---------------------------------------------------------------------------
    Title XVI projects also support improved water supply 
reliability through the development of local water supplies. 
For example, Title XVI projects reduce the threat of water 
supply cuts to Southern California from imported water sources 
in Northern California and from the Colorado River. The 
aqueducts transporting imported water from these sources are 
hundreds of miles long and cross the San Andreas Fault several 
times.\8\ Southern California water utilities have testified 
that more local water projects like Title XVI projects will 
diminish the threat posed by future seismic events, which could 
damage the Colorado River Aqueduct and the California Aqueduct 
and cut off imported water supplies for tens of millions of 
Southern Californians.\9\
---------------------------------------------------------------------------
    \8\Rosanna Xia and Rong-Gong Lin II, Earthquake could destroy 
L.A.'s water lifeline, Los Angeles Times (Dec. 15, 2014), https://
www.latimes.com/local/california/la-me-quake-water-20141216-story.html.
    \9\Id.; see also Hearing on H.R. 335, H.R. 729, H.R. 2185, H.R. 
3115, H.R. 3237, H.R. 3510, H.R. 3541, H.R. 3596, H.R. 3723, Before the 
H. Comm. on Nat. Res., Subcommittee on Water, Oceans, and Wildlife, 
116th Cong. (2019) (not printed), (statement of Rick Shintaku, General 
Manager, South Coast Water District), https://
naturalresources.house.gov/imo/media/doc/Shintaku%20Testimony%20-
%20Sub%20on%20WOW%20Leg%20Hrg%2007.25.19.pdf.
---------------------------------------------------------------------------
    Despite the Title XVI Program's success, it remains greatly 
underfunded at the federal level. There is a backlog of nearly 
$1 billion in eligible but unfunded Title XVI projects.\10\ 
H.R. 1162 would permanently reauthorize Reclamation's Title XVI 
water recycling competitive grant program and raise the 
program's funding authorization from $50 million to $500 
million through 2025. H.R. 1162 also removes the requirement 
that specific recycling projects be named in appropriations 
legislation before funding can be received, and amends the 
grant program to open funding priority beyond areas that have 
been specifically identified by the U.S. Drought Monitor or 
designated as a disaster area in the past four years. Finally, 
the bill raises the ceiling on federal spending for individual 
water recycling and reuse projects from $20 million (October 
1996 prices) to $30 million (January 2019 prices).\11\
---------------------------------------------------------------------------
    \10\United States Government Accountability Office, Water Reuse 
Grant Program Supports Diverse Projects and Is Managed Consistently 
with Federal Regulation (December 2018), https://www.gao.gov/assets/
700/696007.pdf
    \11\In 1996, Congress limited the federal share of individual 
projects to $20 million in 1996 dollars (P.L. 104-266).
---------------------------------------------------------------------------
    Additionally, the Committee notes that the Title XVI 
projects provide multiple public benefits in exchange for 
modest federal investments. These benefits include pollution 
prevention through reduced wastewater discharges into streams, 
lakes, and beaches; greater flexibility to reduce water 
diversions from public rivers and imperiled ecosystems; more 
abundant fish and wildlife; and improved water quality and 
recreation.\12\
---------------------------------------------------------------------------
    \12\See e.g. 2012 Guidelines for Water Reuse, U.S. Environmental 
Protection Agency, https://nepis.epa.gov/Adobe/PDF/P100FS7K.pdf.
---------------------------------------------------------------------------
    Apart from limited opposition from some Republican members 
of the Committee, there is widespread support for water 
recycling and reuse projects and H.R. 1162. While a few 
Republican members of the Committee have cited cost concerns, 
in truth water reuse projects are highly cost competitive and, 
in many cases, provide the cheapest new water source 
available.\13\ The Committee and numerous interested 
stakeholders support H.R. 1162 because it will help reduce the 
nearly $1 billion backlog for eligible Title XVI projects, 
advance projects that can provide virtually drought-proof water 
supplies for millions of Americans, and provide numerous 
benefits for the public at large, including pollution 
prevention, improved water quality and recreation, and more 
abundant fish and wildlife.
---------------------------------------------------------------------------
    \13\WateReuse Research Foundation, The Opportunities and Economics 
of Direct Potable Reuse, 2014.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 1162 was introduced on February 13, 2019, by 
Representative Grace Napolitano (D-CA). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife. 
On June 13, 2019, the Subcommittee held a hearing on the bill. 
On March 11, 2020, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Representative Napolitano offered an amendment 
designated Napolitano #1. The amendment was agreed to by voice 
vote. No additional amendments were offered, and the bill, as 
amended, was adopted and ordered favorably reported to the 
House of Representatives by a roll call vote of 19 yeas and 12 
nays, as follows:\14\
---------------------------------------------------------------------------
    \14\Rep. Nydia M. Velazquez (D-NY) was unable to vote due to a 
scheduling conflict with a markup at the House Committee on Small 
Business, of which she is the Chair. Rep. Velazquez requested, after 
the closing of the vote, that the record reflect that had she been 
present she would have voted in favor of adopting the bill as amended 
and ordering it favorably reported.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    On July 1, 2020, the House of Representatives passed H.R. 
2, the Moving Forward Act, which included a version of the text 
of H.R. 1162.\15\
---------------------------------------------------------------------------
    \15\H.R. 2, 116th Cong. (as passed by and engrossed in the House, 
July 1, 2020).
---------------------------------------------------------------------------

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 1162: hearing by the Subcommittee on Water, 
Oceans, and Wildlife held on June 13, 2019.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 6, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R 1162, the Water 
Recycling Investment and Improvement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1162 would authorize the appropriation of $500 million 
for a competitive grant program to fund water recycling and 
reuse projects and would make the program permanent. The bill 
would require the authorized amount to be appropriated before 
the end of 2025, but otherwise does not specify the year in 
which any appropriation should be provided.
    For this estimate, CBO has assumed that the Congress would 
provide $100 million a year from 2021 through 2025. On that 
basis, and using information from the Bureau of Reclamation 
(BOR), CBO estimates that implementing H.R. 1162 would cost 
$445 million over the 2021-2025 period. The remaining funds 
would be spent within a few years after 2025. The costs of the 
legislation, detailed in Table 1, fall within budget function 
300 (natural resources and environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1162
----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, millions of dollars--
                                                  --------------------------------------------------------------
                                                     2021      2022      2023      2024      2025     2021-2025
----------------------------------------------------------------------------------------------------------------
Authorizationa...................................       100       100       100       100       100          500
Estimated Outlays................................        60        85       100       100       100         545
----------------------------------------------------------------------------------------------------------------
aThe bill would authorize the appropriation of $500 million by 2025, but not specify how much should be
  appropriated in any fiscal year. Using information from the Bureau of Reclamation, CBO has estimated those
  amounts for each fiscal year through 2025.

    Through 2019, the program had received appropriations 
totaling $50 million and most of those funds have been 
expended. Since 2016, about 50 projects have been identified by 
BOR, which administers the program, as eligible to compete for 
grants. If all of those projects were funded, the federal share 
of costs would total nearly $700 million. Under current law, 
BOR may accept proposals until the program expires in December 
2021.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to establish a grant program for 
the funding of water recycling and reuse projects.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    This bill contains no unfunded mandates.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

    RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES ACT


TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

           *       *       *       *       *       *       *


SEC. 1602. GENERAL AUTHORITY.

  (a) The Secretary of the Interior (hereafter ``Secretary''), 
acting pursuant to the Reclamation Act of 1902 (Act of June 17, 
1902, 32 Stat. 388) and Acts amendatory thereof and 
supplementary thereto (hereafter ``Federal reclamation laws''), 
is directed to undertake a program to investigate and identify 
opportunities for reclamation and reuse of municipal, 
industrial, domestic, and agricultural wastewater, and 
naturally impaired ground and surface waters, for the design 
and construction of demonstration and permanent facilities to 
reclaim and reuse wastewater, and to conduct research, 
including desalting, for the reclamation of wastewater and 
naturally impaired ground and surface waters.
  (b) Such program shall be limited to the States and areas 
referred to in section 1 of the Reclamation Act of 1902 (Act of 
June 17, 1902, 32 Stat. 388) as amended, and the State of 
Hawaii.
  (c) The Secretary is authorized to enter into such agreements 
and promulgate such regulations as may be necessary to carry 
out the purposes and provisions of this title.
  (d) The secretary shall not investigate, promote or 
implement, pursuant to this title, any project intended to 
reclaim and reuse agricultural wastewater generated in the 
service area of the San Luis Unit of the Central Valley 
Project, California, except those measures recommended for 
action by the San Joaquin Valley Drainage Program in the report 
entitled A Management Plan for Agricultural Subsurface Drainage 
and Related Problems on the Westside San Joaquin Valley 
(September 1990).
  (e) Authorization of New Water Recycling and Reuse 
Projects.--
          (1) Submission to the secretary.--
                  (A) In general.--Non-Federal interests may 
                submit proposals for projects eligible to be 
                authorized pursuant to this section in the form 
                of completed feasibility studies to the 
                Secretary.
                  (B) Eligible projects.--A project shall be 
                considered eligible for consideration under 
                this section if the project reclaims and 
                reuses--
                          (i) municipal, industrial, domestic, 
                        or agricultural wastewater; or
                          (ii) impaired ground or surface 
                        waters.
                  (C) Guidelines.--Within 60 days of the 
                enactment of this Act the Secretary shall issue 
                guidelines for feasibility studies for water 
                recycling and reuse projects to provide 
                sufficient information for the formulation of 
                the studies.
          (2) Review by the secretary.--The Secretary shall 
        review each feasibility study received under paragraph 
        (1)(A) for the purpose of--
                  (A) determining whether the study, and the 
                process under which the study was developed, 
                each comply with Federal laws and regulations 
                applicable to feasibility studies of water 
                recycling and reuse projects; and
                  (B) the project is technically and 
                financially feasible and provides a Federal 
                benefit in accordance with the reclamation 
                laws.
          (3) Submission to congress.--Not later than 180 days 
        after the date of receipt of a feasibility study 
        received under paragraph (1)(A), the Secretary shall 
        submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of 
        the House of Representatives a report that describes--
                  (A) the results of the Secretary's review of 
                the study under paragraph (2), including a 
                determination of whether the project is 
                feasible;
                  (B) any recommendations the Secretary may 
                have concerning the plan or design of the 
                project; and
                  (C) any conditions the Secretary may require 
                for construction of the project.
          (4) Eligibility for funding.--The non-Federal project 
        sponsor of any project determined by the Secretary to 
        be feasible under paragraph (3)(A) shall be eligible to 
        apply to the Secretary for funding for the Federal 
        share of the costs of planning, designing and 
        constructing the project pursuant to subsection (f).
  (f) Competitive Grant Program for the Funding of Water 
Recycling and Reuse Projects.--
          (1) Establishment.--The Secretary shall establish a 
        competitive grant program under which the non-Federal 
        project sponsor of any project determined by the 
        Secretary to be feasible under subsection (e)(3)(A) 
        shall be eligible to apply for funding for the 
        planning, design, and construction of the project, 
        subject to subsection (g)(2).
          [(2) Priority.--When funding projects under paragraph 
        (1), the Secretary shall give funding priority to 
        projects that meet one or more of the criteria listed 
        in paragraph (3) and are located in an area that--
                  [(A) has been identified by the United States 
                Drought Monitor as experiencing severe, 
                extreme, or exceptional drought at any time in 
                the 4-year period before such funds are made 
                available; or
                  [(B) was designated as a disaster area by a 
                State during the 4-year period before such 
                funds are made available.
          [(3) Criteria.--The project criteria referred to in 
        paragraph (2) are the following:
                  [(A) Projects that are likely to provide a 
                more reliable water supply for States and local 
                governments.
                  [(B) Projects that are likely to increase the 
                water management flexibility and reduce impacts 
                on environmental resources from projects 
                operated by Federal and State agencies.
                  [(C) Projects that are regional in nature.
                  [(D) Projects with multiple stakeholders.
                  [(E) Projects that provide multiple benefits, 
                including water supply reliability, eco-system 
                benefits, groundwater management and 
                enhancements, and water quality improvements.]
          (2) Priority.--When funding projects under paragraph 
        (1), the Secretary shall give funding priority to 
        projects that meet one or more of the following 
        criteria:
                  (A) Projects that are likely to provide a 
                more reliable water supply for States and local 
                governments.
                  (B) Projects that are likely to increase the 
                water management flexibility and reduce impacts 
                on environmental resources from projects 
                operated by Federal and State agencies.
                  (C) Projects that are regional in nature.
                  (D) Projects with multiple stakeholders.
                  (E) Projects that provide multiple benefits, 
                including water supply reliability, eco-system 
                benefits, groundwater management and 
                enhancements, and water quality improvements.
  (g) Authorization of Appropriations.--
          (1) There is authorized to be appropriated to the 
        Secretary of the Interior an additional [$50,000,000] 
        $500,000,000 through fiscal year 2025 to remain 
        available until expended.
          (2) Projects can only receive funding [if enacted 
        appropriations legislation designates funding to them 
        by name,] after the Secretary recommends specific 
        projects for funding pursuant to subsection (f) and 
        transmits such recommendations to the appropriate 
        committees of Congress.

           *       *       *       *       *       *       *


SEC. 1631. AUTHORIZATION OF APPROPRIATIONS.

  (a) There are authorized to be appropriated such sums as may 
be necessary to carry out the purposes and provisions of 
sections 1601 through 1630 of this title.
  (b)(1) Funds may not be appropriated for the construction of 
any project authorized by this title until after--
          (A) an appraisal investigation and a feasibility 
        study that complies with the provisions of sections 
        1603(b) or 1604(c), as the case may be, have been 
        completed by the Secretary or the non-Federal project 
        sponsor;
          (B) the Secretary has determined that the non-Federal 
        project sponsor is financially capable of funding the 
        non-Federal share of the project's costs; and
          (C) the Secretary has approved a cost-sharing 
        agreement with the non-Federal project sponsor which 
        commits the non-Federal project sponsor to funding its 
        proportionate share of the project's construction costs 
        on an annual basis.
  (2) The requirements of paragraph (1) shall not apply to 
those projects authorized by this title for which funds were 
appropriated prior to January 1, 1996.
  (c) The Secretary shall notify the Committees on Resources 
and Appropriations of the House of Representatives and the 
Committees on Energy and Natural Resources and Appropriations 
of the Senate within 30 days after the signing of a cost-
sharing agreement pursuant to subsection (b) that such an 
agreement has been signed and that the Secretary has determined 
that the non-Federal project sponsor is financially capable of 
funding the project's non-Federal share of the project's costs.
  (d)(1) Notwithstanding any other provision of this title and 
except as provided by paragraph (21, the Federal share of the 
costs of each of the individual projects authorized by this 
title shall not exceed [$20,000,000 (October 1996 prices)] 
$30,000,000 (January 2019 prices).
  (2)(A) Subject to subparagraph (B), in the case of any 
project authorized by this title for which construction funds 
were appropriated before January 1, 1996, the Federal share of 
the cost of such project may not exceed the amount specified as 
the ``total Federal obligation'' for that project in the budget 
justification made by the Bureau of Reclamation for fiscal year 
1997, as contained in part 3 of the report of the hearing held 
on March 27, 1996, before the Subcommittee on Energy and Water 
Development of the Committee on Appropriations of the House of 
Representatives.
  (B) In the case of the San Gabriel Basin demonstration 
project authorized by section 1614, the Federal share of the 
cost of such project may not exceed the sum determined by 
adding--
          (i) the amount that applies to that project under 
        subparagraph (A); and
          (ii) $6,500,000.

           *       *       *       *       *       *       *

                              ----------                              


                                WIIN ACT




           *       *       *       *       *       *       *
TITLE III--NATURAL RESOURCES

           *       *       *       *       *       *       *


Subtitle J--California Water

           *       *       *       *       *       *       *


SEC. 4013. DURATION.

  This subtitle shall expire on the date that is 5 years after 
the date of its enactment, with the exception of--
          (1) section 4004, which shall expire 10 years after 
        the date of its enactment; [and]
          (2) projects under construction in sections 4007, 
        4009(a), and 4009(c)[.]; and
          (3) section 4009(c).

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    Funding for water recycling projects was included in the 
Water Infrastructure Investments for the Nation Act (WIIN Act, 
Public Law 114-322) as part of a bipartisan package of Bureau 
of Reclamation provisions. Those provisions, which also 
included surface storage funding, water operational flexibility 
in California, and desalination funding, were the result of 
hard work and compromise. It was truly a bipartisan effort. 
These provisions of the WIIN Act are an important step forward 
in protecting against the devastation of future droughts in the 
West.
    These provisions will soon expire, and the Democrats seem 
to have no intention to extend them so that this important work 
can continue. In the WIIN Act's place, they have chosen to move 
bills like H.R. 1162 which proposes to spend half a billion 
dollars to recycle what little water is not flushed out to the 
ocean.
    Instead of addressing the almost $200 million of authorized 
funding for abandoned Title XVI water projects, none of which 
this bill deauthorizes, the Democrats are increasing the 
funding authority by $450 million. Clearly, this program would 
benefit from more Congressional oversight, not less.
    It is time to reauthorize all the Bureau of Reclamation 
provisions in the WIIN Act. For these reasons, Republicans 
opposed H.R. 1162 as reported by the Committee on Natural 
Resources.

                                   Rob Bishop.
                                   Louie Gohmert.
                                   Tom McClintock.
                                   Paul Gosar.

                                  [all]