II

107TH CONGRESS

1ST SESSION S. 1309

To amend the Water Desalination Act of 1996 to reauthorize that Act

and to authorize the construction of a desalination research and development facility at the Tularosa Basin, New Mexico, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. DOMENICI introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To amend the Water Desalination Act of 1996 to reauthorize

that Act and to authorize the construction of a desalination research and development facility at the Tularosa

Basin, New Mexico, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Water Supply Security

5 Act of 2001’’.
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1 SEC. 2. AUTHORIZATION OF RESEARCH AND STUDIES.

2 Section 4 of the Water Desalination Act of 1996 (42

3 U.S.C. 10301 note; Public Law 104–298) is amended by

4 adding at the end the following:

5 ‘‘(c) TULAROSA BASIN DESALINATION FACILITY.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) TECHNOLOGY PROGRESS PLAN.—

8 ‘‘(i) IN GENERAL.—Not later than 1

9 year after the date of enactment of this

10 subsection, Sandia National Laboratories,

11 in collaboration with the Secretary of En12 ergy and in consultation with the Sec13 retary, and using as models the roles of de14 salination facilities operated by the Federal

15 Government and other research institu16 tions as of the date of enactment of this

17 subsection, shall develop a desalination

18 technology progress plan that includes—

19 ‘‘(I) an overview of available

20 short-term and long-term desalination

21 technology development;

22 ‘‘(II) recommendations for the lo23 cation, siting, and configuration of the

24 facility under subparagraph (B);
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1 ‘‘(III) an assessment of the con2 tributions that the facility could make

3 to the field of desalination; and

4 ‘‘(IV) recommendations con5 cerning the most effective and effi6 cient manner of carrying out subpara7 graph (B).

8 ‘‘(ii) COST-SHARING REQUIRE9 MENTS.—The cost-sharing requirements

10 described in sections 1604 and 1605 of the

11 Wastewater and Groundwater Study and

12 Facilities Act (43 U.S.C. 390h–2, 390h–3)

13 shall not apply to—

14 ‘‘(I) the funding of the tech15 nology progress plan described in

16 clause (i);

17 ‘‘(II) the facility authorized to be

18 constructed under subparagraph (B);

19 or

20 ‘‘(III) any research carried out

21 by Sandia National Laboratories

22 under this Act.

23 ‘‘(B) TESTING AND EVALUATION FACIL24 ITY.—
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1 ‘‘(i) CONSTRUCTION.—Not later than

2 3 years after the date of completion of the

3 technology progress plan under subpara4 graph (A), the Secretary of Energy, in col5 laboration with the Secretary and in ac6 cordance with the memorandum of under7 standing described in subparagraph (C)

8 and the technology progress plan developed

9 under subparagraph (A)(i), shall construct

10 a desalination test and evaluation facility

11 at the Tularosa Basin, located in Otero

12 County in the State of New Mexico (re13 ferred to in this subsection as the ‘facil14 ity’).

15 ‘‘(ii) REPORT.—Not later than 1 year

16 after the date on which the facility begins

17 operation, the Secretary of Energy shall

18 submit to Congress a report that describes

19 project plans of, and any technological ad20 vancements developed by, the facility.

21 ‘‘(iii) CONTRACTORS.—The Secretary

22 of Energy may enter into such contracts as

23 are necessary (including contracts with

24 other Federal agencies, State agencies,

25 educational institutions, and private enti-
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1 ties and organizations) to carry out this

2 subparagraph.

3 ‘‘(C) MEMORANDUM OF UNDER4 STANDING.—In carrying out this paragraph,

5 the Secretary of Energy and the Secretary of

6 the Interior shall enter into a memorandum of

7 understanding under which the Secretary of

8 Energy shall seek from the Secretary of the In9 terior, and the Secretary of the Interior shall

10 provide to the Secretary of Energy, technical

11 assistance and expertise in the development and

12 construction of the facility.

13 ‘‘(2) PURPOSES.—The facility—

14 ‘‘(A) shall be used—

15 ‘‘(i) to carry out research on, and to

16 test, demonstrate, and evaluate, new de17 salination technologies (including long18 term, alternative technologies that have the

19 potential for significant desalination cost

20 reductions beyond the time frame of the

21 focus of current research);

22 ‘‘(ii) to fully evaluate the performance

23 of new technologies, including performance

24 in—

25 ‘‘(I) energy consumption;
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1 ‘‘(II) byproduct disposal; and

2 ‘‘(III) operational maintenance

3 costs; and

4 ‘‘(iii) to determine the most techno5 logically-efficient and cost-efficient means

6 by which potable water may be produced

7 from salinated water or other water that

8 is unsuitable for use; and

9 ‘‘(B) should be capable of processing at

10 least 100,000 gallons of water per day.

11 ‘‘(3) COLLABORATION; FACILITY DISCRETION.—

12 ‘‘(A) COLLABORATION.—All research at

13 the facility shall be carried out by the Secretary

14 of Energy, in collaboration with the Secretary.

15 ‘‘(B) FACILITY DISCRETION.—Research

16 described in paragraph (2)(A)(i) may be carried

17 out at the facility or at any other laboratory fa18 cility determined to be suitable by Sandia Na19 tional Laboratories.

20 ‘‘(4) PROVISION OF WATER.—

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), all desalinated water produced by

23 the facility shall be provided to 1 or more com24 munities located in Otero County, New Mexico,

25 at no cost to the communities, as jointly deter-
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1 mined by the Secretary of Energy and the Sec2 retary.

3 ‘‘(B) TIMING; SUPPLEMENTARY ASPECT.—

4 The water provided under subparagraph (A)

5 shall be—

6 ‘‘(i) provided only after technology

7 testing demonstrates that the water is of a

8 consistent, reliable quality, as determined

9 by Sandia National Laboratories, in co10 ordination with the Secretary of Energy;

11 and

12 ‘‘(ii) supplementary to water provided

13 by public water systems or wells in the

14 communities.

15 ‘‘(5) TECHNICAL ADVISORY COMMITTEE.—

16 ‘‘(A) IN GENERAL.—The Secretary and the

17 Secretary of Energy shall jointly establish a

18 technical advisory committee to provide, under

19 such procedures as the Secretary and the Sec20 retary of Energy shall jointly develop, program

21 guidance and technical assistance in carrying

22 out this subsection.

23 ‘‘(B) COMPOSITION.—

24 ‘‘(i) IN GENERAL.—The technical ad25 visory committee shall be composed of—
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1 ‘‘(I) representatives from the De2 partment of the Interior and the De3 partment of Energy, to be appointed

4 by the Secretary and the Secretary of

5 Energy, respectively; and

6 ‘‘(II) such additional representa7 tives from academic institutions, the

8 private sector, other Federal agencies,

9 and educational institutions, as the

10 Secretary and the Secretary of En11 ergy, respectively, determine to be ap12 propriate.

13 ‘‘(ii) CHAIRPERSONS.—A representa14 tive of the Department of the Interior se15 lected by the Secretary and a representa16 tive of the Department of Energy selected

17 by the Secretary of Energy shall serve as

18 cochairpersons of the technical advisory

19 committee.

20 ‘‘(6) COST SHARING.—Section 7 shall not apply

21 to this subsection.’’.

22 SEC. 3. CONSULTATION; AUTHORIZATION OF APPROPRIA23 TIONS.

24 The Water Desalination Act of 1996 (42 U.S.C.

25 10301 note; Public Law 104–298) is amended—
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1 (1) by striking section 8;

2 (2) by redesignating section 9 as section 8;

3 (3) in section 8 (as redesignated by paragraph

4 (2)), in the first sentence, by striking ‘‘Army,’’ and

5 inserting ‘‘Army and the Secretary of Energy,’’; and

6 (4) by adding at the end the following:

7 ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘(a) RESEARCH AND STUDIES.—

9 ‘‘(1) IN GENERAL.—There is authorized to be

10 appropriated to the Secretary to carry out section 3

11 and section 4(c)(1)(A) $6,000,000 for each of fiscal

12 years 2002 through 2008.

13 ‘‘(2) RESEARCH PROGRAMS.—Of the amounts

14 made available under paragraph (1)—

15 ‘‘(A) not to exceed $1,000,000 for each fis16 cal year may be awarded, without any cost17 sharing requirement, to institutions of higher

18 education (including United States-Mexico bina19 tional research foundations and interuniversity

20 research programs established by the 2 coun21 tries) for research grants; and

22 ‘‘(B) not less than $1,000,000 of the

23 amount made available for fiscal year 2002

24 shall be used to carry out section 4(c)(1)(A).

25 ‘‘(3) INTERNAL RESEARCH.—
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1 ‘‘(A) IN GENERAL.—Of the amounts made

2 available under paragraph (1) to carry out sec3 tion 3 for each of fiscal years 2002 through

4 2008, the Secretary may use not more than 25

5 percent for research carried out by the Depart6 ment of the Interior.

7 ‘‘(B) COST SHARING.—Research described

8 in subparagraph (A) shall not be subject to any

9 cost-sharing requirement.

10 ‘‘(b) DESALINATION DEMONSTRATION AND DEVEL11 OPMENT.—

12 ‘‘(1) IN GENERAL.—There is authorized to be

13 appropriated to the Secretary to carry out section 4

14 (other than section 4(c)) $30,000,000 for the period

15 of fiscal years 2002 through 2008.

16 ‘‘(2) DESALINATION RESEARCH AND DEVELOP17 MENT FACILITY.—There is authorized to be appro18 priated to the Secretary of Energy for transfer to

19 Sandia National Laboratories, to carry out section

20 4(c) (other than section 4(c)(1)(A)) $6,000,000 for

21 each of fiscal years 2003 through 2008.’’.

22 SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

23 (a) AUTHORIZATION OF RESEARCH AND STUDIES.—

24 Section 3 of the Water Desalination Act of 1996 (42

25 U.S.C. 10301 note; Public Law 104–298) is amended—
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1 (1) in subsection (a)—

2 (A) by redesignating paragraphs (1), (2),

3 (3), (4), (5), (6), and (7) as subparagraphs (A),

4 (B), (C), (D), (E), (F), and (G), respectively,

5 and indenting appropriately;

6 (B) by striking ‘‘In order to’’ and inserting

7 the following:

8 ‘‘(1) IN GENERAL.—To’’;

9 (C) in the first sentence—

10 (i) by striking ‘‘is authorized to award

11 grants and to enter into contracts,’’ and

12 inserting ‘‘may award grants and enter

13 into cooperative agreements, interagency

14 agreements, and contracts,’’; and

15 (ii) by inserting ‘‘and’’ after ‘‘financ16 ing of research’’; and

17 (D) by striking ‘‘Awards’’ and all that fol18 lows through ‘‘include—’’ and inserting the fol19 lowing:

20 ‘‘(2) LOCATIONS.—If the Secretary determines

21 that it is in the national interest, the Secretary may

22 carry out a program described in paragraph (1), in

23 accordance with all applicable law, at a location out24 side the United States.
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1 ‘‘(3) BASIS FOR GRANTS, AGREEMENTS, AND

2 CONTRACTS.—All awards of grants and all coopera3 tive agreements, interagency agreements, and con4 tracts entered into under paragraph (1), shall be

5 made on the basis of a competitive, merit-reviewed

6 process.

7 ‘‘(4) TOPICS.—Research and study topics au8 thorized by this section include—’’; and

9 (2) in subsection (c), by striking ‘‘other facili10 ties and educational institutions suitable’’ and in11 serting the following: ‘‘educational institutions,

12 international organizations, international founda13 tions, and international educational institutions, and

14 other facilities suitable’’.

15 (b) DESALINATION DEMONSTRATION AND DEVELOP16 MENT.—Section 4 of the Water Desalination Act of 1996

17 (42 U.S.C. 10301 note; Public Law 104–298) is

18 amended—

19 (1) by redesignating subsection (b) as sub20 section (c);

21 (2) by inserting after subsection (a) the fol22 lowing:

23 ‘‘(b) LOCATION.—If the Secretary determines that it

24 is in the national interest, the Secretary may carry out

25 the program described in subsection (a), in accordance
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1 with all applicable law, at a location outside the United

2 States.’’; and

3 (3) in subsection (c) (as redesignated by para4 graph (1)), by striking ‘‘conducted through’’ and all

5 that follows through ‘‘to develop’’ and inserting the

6 following: ‘‘conducted through the provision of

7 grants to, and the entering into cooperative agree8 ments and contracts (including cost-sharing agree9 ments) with, non-Federal public utilities, State and

10 local governmental agencies, educational institutions,

11 international organizations, international founda12 tions, international educational institutions, and

13 other entities, as appropriate, to develop’’.

14 (c) COST SHARING.—Section 7 of the Water Desali15 nation Act of 1996 (42 U.S.C. 10301 note; Public Law

16 104–298) is amended—

17 (1) by striking the first sentence and inserting

18 the following:

19 ‘‘(a) IN GENERAL.—

20 ‘‘(1) ALL PROJECTS.—Notwithstanding any

21 other provision of law, the Federal share of the cost

22 of a research, study, or demonstration project or a

23 desalination development project or activity carried

24 out under this Act—
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1 ‘‘(A) except as provided in paragraph (2)

2 and in section 9(a)(3)(B), shall not exceed 100

3 percent of the total cost of the project or activ4 ity; and

5 ‘‘(B) may be paid out of—

6 ‘‘(i) funds made available to the Sec7 retary, in an amount not to exceed 50 per8 cent of the total cost of the project or ac9 tivity;

10 ‘‘(ii) funds made available to 1 or

11 more other heads of Federal agencies; or

12 ‘‘(iii) a combination of funds described

13 in clauses (i) and (ii).

14 ‘‘(2) INTERIOR PROJECTS.—The Federal share

15 of the cost of a project or activity described in para16 graph (1) that is carried out by the Secretary shall

17 not exceed 50 percent.’’;

18 (2) by striking ‘‘A Federal contribution’’ and

19 inserting the following:

20 ‘‘(b) DETERMINATION OF INFEASIBILITY.—A con21 tribution by the Secretary described in subsection (a)(2)

22 that is’’;

23 (3) by striking ‘‘The Secretary shall prescribe’’

24 and inserting the following:
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1 ‘‘(c) PROCEDURES.—The Secretary shall prescribe’’;

2 and

3 (4) by striking ‘‘Costs of operation,’’ and insert4 ing the following:

5 ‘‘(d) NON-FEDERAL RESPONSIBILITIES.—Costs of

6 operation,’’.

7 (d) CONSULTATION.—Section 8 of the Water Desali8 nation Act of 1996 (42 U.S.C. 10301 note; Public Law

9 104–298) (as redesignated by section 3(2)) is amended to

10 read as follows:

11 ‘‘SEC. 8. CONSULTATION.

12 ‘‘(a) IN GENERAL.—In carrying out this Act, the Sec13 retary shall consult with the heads of other Federal agen14 cies (including the Secretary of the Army) that have expe15 rience in conducting desalination research or operating de16 salination facilities.

17 ‘‘(b) INTERNATIONAL CONSULTATION.—In a case in

18 which the Secretary intends to conduct an activity under

19 this Act in accordance with section 3(a)(2) or 4(b), the

20 Secretary shall consult with the Secretary of State before

21 beginning the conduct of the activity.

22 ‘‘(c) OTHER PROGRAMS.—Nothing in this Act pro23 hibits any other agency from carrying out a program for
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1 desalination research or operation that is authorized under

2 any other provision of law.’’.

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