Calendar No. 375

104TH CONGRESS

2D SESSION S. 811

[Report No. 104–254]

A BILL

To authorize research into the desalinization and

for other purposes.lamation facility to develop such facilities, andto own and operate a water desalinization or recfor States, cities, or qualifying agencies desiringreclamation of water and authorize a program

APRIL 18, 1996

Reported with an amendment
II

Calendar No. 375

104TH CONGRESS

2D SESSION S. 811

[Report No. 104–254]

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 purposes.

IN THE SENATE OF THE UNITED STATES

MAY 17 (legislative day, MAY 15), 1995

Mr. SIMON (for himself, Mr. REID, Mr. MOYNIHAN, Mr. BROWN, Mr. BRYAN,

Mr. CAMPBELL, Mr. MACK, Mr. GRAHAM, Mrs. BOXER, Mrs. FEINSTEIN,

and Mr. ROBB) introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

APRIL 18, 1996

Reported by Mr. CHAFEE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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 purposes.
2

•S 811 RS

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 Desalinization

5 Research and Development Act of 1995’’.

6 SEC. 2. DECLARATION OF POLICY.

7 In view of the increasing shortage of usable surface

8 and ground water in many parts of the United States and

9 the world, it is the policy of the United States to—

10 (1) perform research to develop low-cost alter11 natives for desalinization of saline water and rec12 lamation of nonusable nonsaline water to provide

13 water of a quality suitable for environmental en14 hancement, agricultural, industrial, municipal, and

15 other beneficial consumptive or nonconsumptive

16 uses; and

17 (2) provide, through cooperative activities with

18 local sponsors, desalinization and water reclamation

19 processes and facilities that provide proof-of-concept

20 demonstrations of advanced technologies for the pur21 pose of developing and conserving the water re22 sources of this Nation and the world.

23 SEC. 3. DEFINITIONS.

24 In this Act:
3

•S 811 RS

1 (1) DESALINIZATION.—The term ‘‘desaliniza2 tion’’ means the use of any process or technique (by

3 itself or in conjunction with other processes or tech4 niques) for the removal and, when feasible, adapta5 tion to beneficial use, of organic and inorganic ele6 ments and compounds from saline water.

7 (2) NONUSABLE NONSALINE WATER.—The

8 term ‘‘nonusable nonsaline water’’ that is not saline

9 water but, because it contains biological or other im10 purities, is not usable water.

11 (3) RECLAMATION.—The term ‘‘reclamation’’

12 means the use of any process or techniques (by itself

13 or in conjunction with other processes or techniques)

14 for the removal and, when feasible, adaptation to

15 beneficial use, of organic and inorganic elements and

16 compounds from nonusable nonsaline water.

17 (4) SALINE WATER.—The term ‘‘saline water’’

18 means sea water, brackish water, and other mineral19 ized or chemically impaired water.

20 (5) SPONSOR.—The term ‘‘sponsor’’ means a

21 local, State, or interstate agency responsible for the

22 sale and delivery of usable water that has the legal

23 and financial authority and capability to provide the

24 financial and real property requirements needed for

25 a desalinization or reclamation facility.
4

•S 811 RS

1 (6) UNITED STATES.—The term ‘‘United

2 States’’ means the States of the United States, the

3 District of Columbia, the Commonwealth of Puerto

4 Rico, and the territories and possessions of the Unit5 ed States.

6 (7) USABLE WATER.—The term ‘‘usable water’’

7 means water of a high quality suitable for environ8 mental enhancement, agricultural, industrial, munic9 ipal, and other beneficial consumptive or non10 consumptive uses.

11 SEC. 4. RESEARCH AND DEVELOPMENT.

12 (a) IN GENERAL.—In order to gain basic knowledge

13 concerning the most efficient means by which usable water

14 can be produced from saline or nonusable nonsaline water,

15 the Secretary of the Interior, in consultation with the Sec16 retary of the Army, shall conduct a basic research and

17 development program under this section.

18 (b) CONTENTS OF PROGRAM.—For the basic research

19 and development program, the Secretary of the Interior

20 shall—

21 (1) conduct, encourage, and promote fundamen22 tal scientific research and basic studies to develop

23 the best and most economical processes and methods

24 for converting saline water and nonusable nonsaline
5

•S 811 RS

1 water into usable water through research grants and

2 contracts—

3 (A) to conduct research and technical de4 velopment work;

5 (B) to make studies in order to ascertain

6 the optimum mix of investment and operating

7 costs;

8 (C) to determine the best designs for dif9 ferent conditions of operation; and

10 (D) to investigate increasing the economic

11 efficiency of desalinization or reclamation proc12 esses by using the processes as dual-purpose co13 facilities with other processes involving the use

14 of water;

15 (2) study methods for the recovery of byprod16 ucts resulting from the desalinization or reclamation

17 of water to offset the costs of treatment and to re18 duce the environmental impact from those byprod19 ucts; and

20 (3) prepare a management plan for conduct of

21 the research and development program established

22 under this section.

23 (c) COORDINATION WITH OTHER AGENCIES.—
6

•S 811 RS

1 (1) IN GENERAL.—The Secretary of the Inte2 rior shall conduct activities under this section in co3 ordination with—

4 (A) the Department of Commerce, specifi5 cally with respect to marketing and inter6 national competition; and

7 (B)(i) the Departments of Defense, Agri8 culture, State, Health and Human Services,

9 and Energy;

10 (ii) the Environmental Protection Agency;

11 (iii) the Agency for International Develop12 ment; and

13 (iv) other concerned public and private en14 tities.

15 (2) OTHER AGENCIES.—In addition to the

16 agencies identified in paragraph (1), other interested

17 agencies may furnish appropriate resources to the

18 Secretary of the Interior to further the activities in

19 which such other agencies are interested.

20 (d) AVAILABILITY OF RESEARCH.—All research

21 sponsored or funded under this section shall be carried

22 out in such a manner that information, products, proc23 esses, and other developments resulting from Federal ex24 penditures or authorities shall (with exceptions necessary
7

•S 811 RS

1 for national defense and the protection of patent rights)

2 be available to the general public.

3 (e) RELATIONSHIP TO ANTITRUST LAWS.—Section

4 10 of the Federal Nonnuclear Energy Research and Devel5 opment Act of 1974 (42 U.S.C. 5909) shall apply to the

6 activities of persons in connection with grants and con7 tracts made by the Secretary of the Interior under this

8 section.

9 SEC. 5. DESALINIZATION DEVELOPMENT PROGRAM.

10 (a) IN GENERAL.—The Secretary of the Interior and

11 the Secretary of the Army shall jointly—

12 (1) conduct a desalinization development pro13 gram; and

14 (2) in connection with the program, design and

15 construct desalination facilities.

16 (b) SELECTION OF DESALINIZATION DEVELOPMENT

17 FACILITIES.—

18 (1) APPLICATION.—A sponsor shall submit to

19 the Secretary of the Interior and Secretary of the

20 Army an application for the design and construction

21 of a facility and certification that the sponsor will

22 provide the required cost sharing.

23 (2) SELECTION.—Facilities shall be selected

24 subject to availability of Federal funds.

25 (c) COST SHARING.—
8

•S 811 RS

1 (1) INITIAL COST.—The initial cost of a facility

2 shall include—

3 (A) design costs;

4 (B) construction costs;

5 (C) lands, easements, and rights-of-way

6 costs; and

7 (D) relocation costs.

8 (2) MINIMUM SPONSOR SHARE.—The sponsor

9 for a facility under the desalinization development

10 program shall pay, during construction, at least 25

11 percent of the initial cost of the facility, including

12 providing all lands, easements, and rights-of-way

13 and performing all related necessary relocations.

14 (3) MAXIMUM FEDERAL SHARE.—The Sec15 retary of the Interior and Secretary of the Army

16 shall pay not more than $10,000,000 of the initial

17 cost of a facility.

18 (d) OPERATION AND MAINTENANCE.—Operation,

19 maintenance, repair, and rehabilitation of a desalinization

20 facility shall be the responsibility of the sponsor of the

21 facility.

22 (e) REVENUE.—All revenue generated from the sale

23 of usable water from a desalinization facility shall be re24 tained by the sponsor of the facility.
9

•S 811 RS

1 SEC. 6. MISCELLANEOUS AUTHORITIES.

2 In carrying out sections 5 and 6, the Secretary of

3 the Interior and the Secretary of the Army may—

4 (1) accept technical and administrative assist5 ance from a State or other public entities and from

6 private persons in connection with research and de7 velopment activities relating to desalinization and

8 reclamation of water;

9 (2) enter into contracts or agreements stating

10 the purpose for which the assistance is contributed

11 and, in appropriate circumstances, providing for the

12 sharing of costs between the Secretary and such en13 tities or persons;

14 (3) make grants to educational and scientific

15 institutions;

16 (4) contract with educational and scientific in17 stitutions and engineering and industrial firms;

18 (5) by competition or noncompetitive contract

19 or any other means, engage the services of necessary

20 personnel, industrial and engineering firms, and edu21 cational institutions;

22 (6) use the facilities and personnel of Federal,

23 State, municipal, and private scientific laboratories;

24 (7) contract for or establish and operate facili25 ties and tests to conduct research, testing, and de26 velopment necessary for the purposes of this Act;
10

•S 811 RS

1 (8) acquire processes, data, inventions, patent

2 applications, patents, licenses, lands, interests in

3 lands and water, facilities, and other property by

4 purchase, license, lease, or donation;

5 (9) assemble and maintain domestic and foreign

6 scientific literature and issue pertinent biblio7 graphical data;

8 (10) conduct inspections and evaluations of do9 mestic and foreign facilities and cooperate and par10 ticipate in their development;

11 (11) conduct and participate in regional, na12 tional, and international conferences relating to the

13 desalinization of water;

14 (12) coordinate, correlate, and publish informa15 tion which will advance the development of the desa16 linization of water; and

17 (13) cooperate with Federal, State, and munici18 pal departments, agencies and instrumentalities, and

19 with private persons, firms, educational institutions,

20 and other organizations, including foreign govern21 ments, departments, agencies, companies, and in22 strumentalities, in effectuating the purposes of this

23 Act.
11

•S 811 RS

1 SEC. 7. DESALINIZATION CONFERENCE.

2 (a) ESTABLISHMENT.—The President is requested to

3 instruct the Administrator of the Agency for International

4 Development to sponsor an international desalinization

5 conference within 1 year after the date of enactment of

6 this Act.

7 (b) PARTICIPANTS.—Participants in the conference

8 under subsection (a) should include scientists, private in9 dustry experts, desalinization experts and operators, gov10 ernment officials from the nations that use and conduct

11 research on desalinization, and government officials from

12 nations that could benefit from low-cost desalinization

13 technology (particularly nations in the developing world),

14 and international financial institutions.

15 (c) PURPOSE.—The conference under subsection (a)

16 shall—

17 (1) explore promising new technologies and

18 methods to make affordable desalinization a reality

19 in the near term; and

20 (2) propose a research agenda and a plan of ac21 tion to guide longer-term development of practical

22 desalinization applications.

23 (d) FUNDING.—

24 (1) AID FUNDS.—Funding for the conference

25 under subsection (a) may come from operating or
12

•S 811 RS

1 program funds of the Agency for International De2 velopment.

3 (2) OTHER NATIONS.—The Agency for Inter4 national Development shall encourage financial and

5 other support from other nations, including those

6 that have desalinization technology and those that

7 might benefit from such technology.

8 SEC. 8. REPORTS.

9 (a) IN GENERAL.—Not later than 1 year after follow10 ing the date of enactment of this Act, and annually there11 after, the Secretary of the Interior, in consultation with

12 the Secretary of the Army, shall prepare a report to the

13 President and Congress concerning the administration of

14 this Act.

15 (b) CONTENTS.—A report under subsection (a) shall

16 describe—

17 (1) the actions taken by the Secretary of the

18 Interior and the Secretary of the Army during the

19 calendar year preceding the year in the report is

20 submitted; and

21 (2) the actions planned for the following cal22 endar year.

23 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

24 (a) RESEARCH AND DEVELOPMENT.—There are au25 thorized to be appropriated to carry out section 4—
13

•S 811 RS

1 (1) $5,000,000 for fiscal year 1996;

2 (2) $10,000,000 for fiscal year 1997; and

3 (3) such sums as are necessary for fiscal years

4 1998, 1999, and 2000.

5 (b) DESALINIZATION DEVELOPMENT PROGRAM.—

6 There are authorized to be appropriated to carry out sec7 tion 5 such sums as are necessary, up to a total of

8 $50,000,000, for fiscal years 1996, 1997, 1998, 1999, and

9 2000, of which 50 percent shall be made available to the

10 Department of the Interior and 50 percent shall be made

11 available to the civil works program of the Army Corps

12 of Engineers.

13 SECTION 1. SHORT TITLE.

14 This Act may be cited as the ‘‘Water Desalinization

15 Research and Development Act of 1996’’.

16 SEC. 2. DECLARATION OF POLICY.

17 In view of the increasing shortage of usable surface and

18 ground water in many parts of the United States and the

19 world, it is the policy of the United States to—

20 (1) perform research to develop low-cost alter21 natives for desalinization of saline water and rec22 lamation of nonusable nonsaline water to provide

23 water of a quality suitable for environmental en24 hancement, agricultural, industrial, municipal, and
14

•S 811 RS

1 other beneficial consumptive or nonconsumptive uses;

2 and

3 (2) provide, through cooperative activities with

4 local sponsors, desalinization and water reclamation

5 processes and facilities that provide proof-of-concept

6 demonstrations of advanced technologies for the pur7 pose of developing and conserving the water resources

8 of this Nation and the world.

9 SEC. 3. DEFINITIONS.

10 In this Act:

11 (1) DESALINIZATION.—The term ‘‘desaliniza12 tion’’ means the use of any process or technique (by

13 itself or in conjunction with other processes or tech14 niques) for the removal and, when feasible, adapta15 tion to beneficial use, of organic and inorganic ele16 ments and compounds from saline water.

17 (2) NONUSABLE NONSALINE WATER.—The term

18 ‘‘nonusable nonsaline water’’ means water that is not

19 saline water but, because it contains biological or

20 other impurities, is not usable water.

21 (3) RECLAMATION.—The term ‘‘reclamation’’

22 means the use of any process or technique (by itself

23 or in conjunction with other processes or techniques)

24 for the removal and, when feasible, adaptation to ben-
15

•S 811 RS

1 eficial use, of organic and inorganic elements and

2 compounds from nonusable nonsaline water.

3 (4) SALINE WATER.—The term ‘‘saline water’’

4 means sea water, brackish water, and other mineral5 ized or chemically impaired water.

6 (5) SPONSOR.—The term ‘‘sponsor’’ means a

7 local, State, or qualifying agency responsible for the

8 sale and delivery of usable water that has the legal

9 authority and financial capability to provide the fi10 nancial and real property requirements needed for a

11 desalinization or reclamation facility.

12 (6) UNITED STATES.—The term ‘‘United States’’

13 means the States of the United States, the District of

14 Columbia, the Commonwealth of Puerto Rico, and the

15 territories and possessions of the United States.

16 (7) USABLE WATER.—The term ‘‘usable water’’

17 means water of a high quality suitable for environ18 mental enhancement, agricultural, industrial, munic19 ipal, and other beneficial consumptive or non20 consumptive uses.

21 SEC. 4. RESEARCH AND DEVELOPMENT.

22 (a) IN GENERAL.—In order to gain basic knowledge

23 concerning the most efficient means by which usable water

24 can be produced from saline or nonusable nonsaline water,

25 the Secretary of the Interior, in consultation with the Sec-
16

•S 811 RS

1 retary of the Army, shall conduct a basic research and de2 velopment program under this section.

3 (b) CONTENTS OF PROGRAM.—For the basic research

4 and development program, the Secretary of the Interior

5 shall—

6 (1) conduct, encourage, and promote fundamen7 tal scientific research and basic studies to develop the

8 best and most economical processes and methods for

9 converting saline water and nonusable nonsaline

10 water into usable water through research grants and

11 contracts—

12 (A) to conduct research and technical devel13 opment work;

14 (B) to make studies in order to ascertain

15 the optimum mix of investment and operating

16 costs;

17 (C) to determine the best designs for dif18 ferent conditions of operation; and

19 (D) to investigate increasing the economic

20 efficiency of desalinization or reclamation proc21 esses by using the processes as dual-purpose co22 facilities with other processes involving the use of

23 water;

24 (2) study methods for the recovery of byproducts

25 resulting from the desalinization or reclamation of
17

•S 811 RS

1 water to offset the costs of treatment and to reduce the

2 environmental impact from those byproducts; and

3 (3) prepare a management plan for conduct of

4 the research and development program established

5 under this section.

6 (c) COORDINATION WITH OTHER AGENCIES.—

7 (1) IN GENERAL.—The Secretary of the Interior

8 shall conduct activities under this section in coordi9 nation with—

10 (A) the Department of Commerce, specifi11 cally with respect to marketing and inter12 national competition; and

13 (B)(i) the Departments of Defense, Agri14 culture, State, Health and Human Services, and

15 Energy;

16 (ii) the Environmental Protection Agency;

17 (iii) the Agency for International Develop18 ment; and

19 (iv) other concerned public and private en20 tities.

21 (2) OTHER AGENCIES.—In addition to the agen22 cies identified in paragraph (1), other interested

23 agencies may furnish appropriate resources to the

24 Secretary of the Interior to further the activities in

25 which such other agencies are interested.
18

•S 811 RS

1 (d) AVAILABILITY OF RESEARCH.—All research spon2 sored or funded under this section shall be carried out in

3 such a manner that information, products, processes, and

4 other developments resulting from Federal expenditures or

5 authorities shall (with exceptions necessary for national de6 fense and the protection of patent rights) be available to

7 the general public.

8 (e) RELATIONSHIP TO ANTITRUST LAWS.—Section 10

9 of the Federal Nonnuclear Energy Research and Develop10 ment Act of 1974 (42 U.S.C. 5909) shall apply to the activi11 ties of persons in connection with grants and contracts

12 made by the Secretary of the Interior under this section.

13 SEC. 5. DESALINIZATION DEVELOPMENT PROGRAM.

14 (a) IN GENERAL.—The Secretary of the Interior and

15 the Secretary of the Army shall jointly—

16 (1) conduct a desalinization development pro17 gram; and

18 (2) in connection with the program, design and

19 construct desalinization facilities.

20 (b) SELECTION OF DESALINIZATION DEVELOPMENT

21 FACILITIES.—

22 (1) APPLICATION.—A sponsor shall submit to the

23 Secretary of the Interior and Secretary of the Army

24 an application for the design and construction of a
19

•S 811 RS

1 desalinization facility and certification that the spon2 sor will provide the required cost sharing.

3 (2) SELECTION.—Facilities shall be selected sub4 ject to availability of Federal funds.

5 (c) COST SHARING.—

6 (1) INITIAL COST.—The initial cost of a facility

7 shall include—

8 (A) design costs;

9 (B) construction costs;

10 (C) lands, easements, and rights-of-way

11 costs; and

12 (D) relocation costs.

13 (2) MINIMUM SPONSOR SHARE.—The sponsor for

14 a facility under the desalinization development pro15 gram shall pay, during construction, at least 25 per16 cent of the initial cost of the facility, including pro17 viding all lands, easements, and rights-of-way and

18 performing all related necessary relocations.

19 (3) MAXIMUM FEDERAL SHARE.—The Secretary

20 of the Interior and Secretary of the Army shall pay

21 not more than $10,000,000 of the initial cost of a fa22 cility.

23 (d) OPERATION AND MAINTENANCE.—Operation,

24 maintenance, repair, and rehabilitation of a desalinization
20

•S 811 RS

1 facility shall be the responsibility of the sponsor of the facil2 ity.

3 (e) REVENUE.—All revenue generated from the sale of

4 usable water from a desalinization facility shall be retained

5 by the sponsor of the facility.

6 SEC. 6. MISCELLANEOUS AUTHORITIES.

7 In carrying out sections 4 and 5, the Secretary of the

8 Interior and the Secretary of the Army may—

9 (1) accept technical and administrative assist10 ance from a State or other public entities and from

11 private persons in connection with research and de12 velopment activities relating to desalinization and

13 reclamation of water;

14 (2) enter into contracts or agreements stating the

15 purpose for which the assistance is contributed and,

16 in appropriate circumstances, providing for the shar17 ing of costs between the Secretary and such entities or

18 persons;

19 (3) make grants to educational and scientific in20 stitutions;

21 (4) contract with educational and scientific in22 stitutions and engineering and industrial firms;

23 (5) by competition or noncompetitive contract or

24 any other means, engage the services of necessary per-
21

•S 811 RS

1 sonnel, industrial and engineering firms, and edu2 cational institutions;

3 (6) use the facilities and personnel of Federal,

4 State, municipal, and private scientific laboratories;

5 (7) contract for or establish and operate facilities

6 and tests to conduct research, testing, and develop7 ment necessary for the purposes of this Act;

8 (8) acquire processes, data, inventions, patent

9 applications, patents, licenses, lands, interests in land

10 and water, facilities, and other property by purchase,

11 license, lease, or donation;

12 (9) assemble and maintain domestic and foreign

13 scientific literature and issue pertinent biblio14 graphical data;

15 (10) conduct inspections and evaluations of do16 mestic and foreign facilities and cooperate and par17 ticipate in their development;

18 (11) conduct and participate in regional, na19 tional, and international conferences relating to the

20 desalinization of water;

21 (12) coordinate, correlate, and publish informa22 tion that will advance the development of the desalin23 ization of water; and

24 (13) cooperate with Federal, State, and munici25 pal departments, agencies, and instrumentalities, and
22

•S 811 RS

1 with private persons, firms, educational institutions,

2 and other organizations, including foreign govern3 ments, departments, agencies, companies, and instru4 mentalities, in effectuating the purposes of this Act.

5 SEC. 7. DESALINIZATION CONFERENCE.

6 (a) ESTABLISHMENT.—The President is requested to

7 instruct the Administrator of the Agency for International

8 Development to sponsor an international desalinization

9 conference within 1 year after the date of enactment of this

10 Act.

11 (b) PARTICIPANTS.—Participants in the conference

12 under subsection (a) should include scientists, private in13 dustry experts, desalinization experts and operators, gov14 ernment officials from the nations that use and conduct re15 search on desalinization, and government officials from na16 tions that could benefit from low-cost desalinization tech17 nology (particularly nations in the developing world), and

18 international financial institutions.

19 (c) PURPOSE.—The conference under subsection (a)

20 shall—

21 (1) explore promising new technologies and

22 methods to make affordable desalinization a reality in

23 the near term; and
23

•S 811 RS

1 (2) propose a research agenda and a plan of ac2 tion to guide longer-term development of practical de3 salinization applications.

4 (d) FUNDING.—

5 (1) AID FUNDS.—Funding for the conference

6 under subsection (a) may come from operating or

7 program funds of the Agency for International Devel8 opment.

9 (2) OTHER NATIONS.—The Agency for Inter10 national Development shall encourage financial and

11 other support from other nations, including those that

12 have desalinization technology and those that might

13 benefit from such technology.

14 SEC. 8. REPORTS.

15 (a) IN GENERAL.—Not later than 1 year after the date

16 of enactment of this Act, and annually thereafter, the Sec17 retary of the Interior, in consultation with the Secretary

18 of the Army, shall prepare a report to the President and

19 Congress concerning the administration of this Act.

20 (b) CONTENTS.—A report under subsection (a) shall

21 describe—

22 (1) the actions taken by the Secretary of the In23 terior and the Secretary of the Army during the cal24 endar year preceding the year in which the report is

25 submitted; and
24

•S 811 RS

1 (2) the actions planned for the following cal2 endar year.

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

4 (a) RESEARCH AND DEVELOPMENT.—There are au5 thorized to be appropriated to carry out section 4—

6 (1) $5,000,000 for fiscal year 1997; and

7 (2) $7,500,000 for each of fiscal years 1998

8 through 2001.

9 (b) DESALINIZATION DEVELOPMENT PROGRAM.—

10 There are authorized to be appropriated to carry out section

11 5 such sums as are necessary, up to a total of $40,000,000

12 for the period consisting of fiscal years 1997 through 2001,

13 of which 50 percent shall be made available to the Depart14 ment of the Interior and 50 percent shall be made available

15 to the civil works program of the Army Corps of Engineers.