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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 811 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 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 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

_______________________________________________________________________

                                 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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Desalinization Research and 
Development Act of 1995''.

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'' 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 techniques (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 
        interstate agency responsible for the sale and delivery of 
        usable water that has the legal and financial authority and 
        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 
        desalination 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 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 5 and 6, 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 lands 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 which 
        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.
    (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 following 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 the report is submitted; and
            (2) the actions planned for the following calendar year.

SEC. 11. 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 1996;
            (2) $10,000,000 for fiscal year 1997; and
            (3) such sums as are necessary for fiscal years 1998, 1999, 
        and 2000.
    (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 $50,000,000, for fiscal years 1996, 1997, 1998, 1999, and 
2000, 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.
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