Union Calendar No. 372

104TH CONGRESS

2D SESSION H. R. 3660

[Report No. 104–703]

A BILL

To make amendments to the Reclamation

ties Act, and for other purposes.Wastewater and Groundwater Study and FaciliJULY 24, 1996

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 372

104TH CONGRESS

2D SESSION H. R. 3660

[Report No. 104–703]

To make amendments to the Reclamation Wastewater and Groundwater Study

and Facilities Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 17, 1996

Mr. HANSEN introduced the following bill; which was referred to the

Committee on Resources

JULY 24, 1996

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]

A BILL

To make amendments to the Reclamation Wastewater and

Groundwater Study and Facilities Act, 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 ‘‘Reclamation Recycling

5 and Water Conservation Act of 1996’’.
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1 SEC. 2. WATER RECYCLING PROJECTS.

2 (a) IN GENERAL.—The Reclamation Projects Au3 thorization and Adjustment Act of 1992 (43 U.S.C. 390h

4 et seq.) is amended—

5 (1) by redesignating sections 1615, 1616, and

6 1617 as sections 1631, 1632, and 1633, respectively,

7 and

8 (2) by inserting after section 1614 the following

9 new sections:

10 ‘‘SEC. 1615. NORTH SAN DIEGO COUNTY AREA WATER RECY11 CLING PROJECT.

12 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera13 tion with the appropriate State and local authorities, is

14 authorized to participate in the design, planning, and con15 struction of the North San Diego County Area Water Re16 cycling Project, consisting of projects to reclaim and reuse

17 water within service areas of the San Elijo Joint Powers

18 Authority, the Leucadia County Water District, the City

19 of Carlsbad, and the Olivenhain Municipal Water District,

20 California.

21 ‘‘(b) COST SHARE.—The Federal share of the cost

22 of a project described in subsection (a) shall not exceed

23 25 percent of the total cost.

24 ‘‘(c) LIMITATION.—The Secretary shall not provide

25 funds for the operation or maintenance of a project de26 scribed in subsection (a).
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1 ‘‘SEC. 1616. CALLEGUAS MUNICIPAL WATER DISTRICT RE2 CYCLING PROJECT.

3 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera4 tion with the appropriate State and local authorities, is

5 authorized to participate in the design, planning, and con6 struction of the Calleguas Municipal Water District Recy7 cling Project to reclaim and reuse water in the service area

8 of the Calleguas Municipal Water District in Ventura

9 County, California.

10 ‘‘(b) COST SHARE.—The Federal share of the cost

11 of a project described in subsection (a) shall not exceed

12 25 percent of the total cost.

13 ‘‘(c) LIMITATION.—The Secretary shall not provide

14 funds for the operation or maintenance of a project de15 scribed in subsection (a).

16 ‘‘SEC. 1617. CENTRAL VALLEY WATER RECYCLING

17 PROJECT.

18 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera19 tion with the appropriate State and local authorities, is

20 authorized to participate in the design, planning, and con21 struction of the Central Valley Water Recycling Project

22 to reclaim and reuse water in the service areas of the

23 Central Valley Reclamation Facility and the Salt Lake

24 County Water Conservancy District in Utah.
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1 ‘‘(b) COST SHARE.—The Federal share of the cost

2 of a project described in subsection (a) shall not exceed

3 25 percent of the total cost.

4 ‘‘(c) LIMITATION.—The Secretary shall not provide

5 funds for the operation or maintenance of a project de6 scribed in subsection (a).

7 ‘‘SEC. 1618. ST. GEORGE AREA WATER RECYCLING

8 PROJECT.

9 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera10 tion with the appropriate State and local authorities, is

11 authorized to participate in the design, planning, and con12 struction of the St. George Area Water Recycling Project

13 to reclaim and reuse water in the service area of the Wash14 ington County Water Conservancy District in Utah.

15 ‘‘(b) COST SHARE.—The Federal share of the cost

16 of a project described in subsection (a) shall not exceed

17 25 percent of the total cost.

18 ‘‘(c) LIMITATION.—The Secretary shall not provide

19 funds for the operation or maintenance of a project de20 scribed in subsection (a).

21 ‘‘SEC. 1619. WATSONVILLE AREA WATER RECYCLING

22 PROJECT.

23 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera24 tion with the City of Watsonville, California, is authorized

25 to participate in the design, planning, and construction of
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1 the Watsonville Area Water Recycling Project to reclaim

2 and reuse water in the Pajaro Valley in Santa Cruz Coun3 ty, California.

4 ‘‘(b) COST SHARE.—The Federal share of the cost

5 of a project described in subsection (a) shall not exceed

6 25 percent of the total cost.

7 ‘‘(c) LIMITATION.—The Secretary shall not provide

8 funds for the operation or maintenance of a project de9 scribed in subsection (a).

10 ‘‘SEC. 1620. SOUTHERN NEVADA WATER RECYCLING

11 PROJECT.

12 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera13 tion with the appropriate State and local authorities, is

14 authorized to participate in the design, planning, and con15 struction of the Southern Nevada Water Recycling Project

16 to reclaim and reuse water in the service area of the

17 Southern Nevada Water Authority in Clark County, Ne18 vada.

19 ‘‘(b) COST SHARE.—The Federal share of the cost

20 of a project described in subsection (a) shall not exceed

21 25 percent of the total cost.

22 ‘‘(c) LIMITATION.—The Secretary shall not provide

23 funds for the operation or maintenance of a project de24 scribed in subsection (a).
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1 ‘‘SEC. 1621. ALBUQUERQUE METROPOLITAN AREA WATER

2 RECLAMATION AND REUSE STUDY.

3 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera4 tion with the city of Albuquerque, New Mexico, is author5 ized to participate in the Albuquerque Metropolitan Area

6 Water Reclamation and Reuse Study to reclaim and reuse

7 industrial and municipal wastewater and reclaim and use

8 naturally impaired ground water in the Albuquerque met9 ropolitan area.

10 ‘‘(b) COST SHARE.—The Federal share of the cost

11 of a project described in subsection (a) shall not exceed

12 25 percent of the total cost.

13 ‘‘(c) LIMITATION.—The Secretary shall not provide

14 funds for the operation or maintenance of a project de15 scribed in subsection (a).

16 ‘‘SEC. 1622. EL PASO WATER RECLAMATION AND REUSE

17 PROJECT.

18 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera19 tion with the appropriate State and local authorities, is

20 authorized to participate in the design, planning, and con21 struction of the El Paso Water Reclamation and Reuse

22 Project to reclaim and reuse wastewater in the service

23 area of the El Paso Water Utilities Public Service Board,

24 El Paso, Texas.
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1 ‘‘(b) COST SHARE.—The Federal share of the cost

2 of a project described in subsection (a) shall not exceed

3 25 percent of the total cost.

4 ‘‘(c) LIMITATION.—The Secretary shall not provide

5 funds for the operation or maintenance of a project de6 scribed in subsection (a).

7 ‘‘SEC. 1623. RECLAIMED WATER IN PASADENA.

8 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera9 tion with the appropriate State and local authorities, is

10 authorized to participate in the design, planning, and con11 struction of the City of Pasadena, California, reclaimed

12 water project to obtain, store, and use reclaimed water in

13 Pasadena and its service area, as well as neighboring com14 munities.

15 ‘‘(b) COST SHARE.—The Federal share of the cost

16 of a project described in subsection (a) shall not exceed

17 25 percent of the total cost.

18 ‘‘(c) LIMITATION.—The Secretary shall not provide

19 funds for the operation or maintenance of a project de20 scribed in subsection (a).

21 ‘‘SEC. 1624. PHASE 1 OF THE ORANGE COUNTY REGIONAL

22 WATER RECLAMATION PROJECT.

23 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera24 tion with the appropriate State and local authorities, is

25 authorized to participate in the design, planning, and con-
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1 struction of phase 1 of the Orange County Regional Water

2 Reclamation Project, to reclaim and reuse water within

3 the service area of the Orange County Water District in

4 California.

5 ‘‘(b) COST SHARE.—The Federal share of the cost

6 of a project described in subsection (a) shall not exceed

7 25 percent of the total cost.

8 ‘‘(c) LIMITATION.—The Secretary shall not provide

9 funds for the operation or maintenance of a project de10 scribed in subsection (a).

11 ‘‘SEC. 1625. CITY OF WEST JORDAN WATER REUSE

12 PROJECT.

13 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera14 tion with the City of West Jordan, Utah, is authorized

15 to participate in the design, planning, and construction of

16 the City of West Jordan Water Reuse Project to recycle

17 and reuse water in its service area from the South Valley

18 Water Reclamation Facility Discharge Waters in Utah.

19 ‘‘(b) COST SHARE.—The Federal share of the cost

20 of a project described in subsection (a) shall not exceed

21 25 percent of the total cost.

22 ‘‘(c) LIMITATION.—The Secretary shall not provide

23 funds for the operation or maintenance of a project de24 scribed in subsection (a).
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1 ‘‘SEC. 1626. HI-DESERT WATER DISTRICT IN YUCCA VALLEY,

2 CALIFORNIA WASTEWATER COLLECTION AND

3 REUSE FACILITY.

4 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera5 tion with the appropriate State and local authorities, is

6 authorized to participate in the design, planning, and con7 struction of the Hi-Desert Water District in Yucca Valley,

8 California wastewater collection and reuse facility.

9 ‘‘(b) COST SHARE.—The Federal share of the cost

10 of a project described in subsection (a) shall not exceed

11 25 percent of the total cost.

12 ‘‘(c) LIMITATION.—The Secretary shall not provide

13 funds for the operation or maintenance of a project de14 scribed in subsection (a).

15 ‘‘SEC. 1627. MISSION BASIN BRACKISH GROUNDWATER

16 DESALTING DEMONSTRATION PROJECT.

17 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera18 tion with the City of Oceanside, is authorized to partici19 pate in the design, planning, and construction of a

20 3,000,000 gallon per day expansion of the Mission Basin

21 Brackish Groundwater Desalting Demonstration Project

22 in Oceanside, California.

23 ‘‘(b) COST SHARE.—The Federal share of the cost

24 of a project described in subsection (a) shall not exceed

25 25 percent of the total cost.
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1 ‘‘(c) LIMITATION.—The Secretary shall not provide

2 funds for the operation or maintenance of a project de3 scribed in subsection (a).

4 ‘‘SEC. 1628. TREATMENT OF EFFLUENT FROM THE SANITA5 TION DISTRICTS OF LOS ANGELES COUNTY

6 THROUGH THE CITY OF LONG BEACH.

7 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera8 tion with the Water Replenishment District of Southern

9 California, the Orange County Water District in the State

10 of California, and other appropriate authorities, is author11 ized to participate in the design, planning, and construc12 tion of water reclamation and reuse projects to treat ap13 proximately 10,000 acre-feet per year of effluent from the

14 sanitation districts of Los Angeles County through the city

15 of Long Beach.

16 ‘‘(b) COST SHARE.—The Federal share of the cost

17 of a project described in subsection (a) shall not exceed

18 25 percent of the total cost.

19 ‘‘(c) LIMITATION.—The Secretary shall not provide

20 funds for the operation or maintenance of a project de21 scribed in subsection (a).

22 ‘‘SEC. 1629. SAN JOAQUIN AREA WATER RECYCLING AND

23 REUSE PROJECT.

24 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera25 tion with the appropriate State and local authorities, is
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1 authorized to participate in the design, planning, and con2 struction of the San Joaquin Area Water Recycling and

3 Reuse Project, in cooperation with the City of Tracy, and

4 consisting of participating projects which will reclaim and

5 reuse water within the County of San Joaquin in Califor6 nia.

7 ‘‘(b) COST SHARE.—The Federal share of the cost

8 of a project described in subsection (a) shall not exceed

9 25 percent of the total cost.

10 ‘‘(c) LIMITATION.—The Secretary shall not provide

11 funds for the operation or maintenance of a project de12 scribed in subsection (a).

13 ‘‘SEC. 1630. TOOELE WASTEWATER TREATMENT AND REUSE

14 PROJECT.

15 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera16 tion with Tooele City, Utah, is authorized to participate

17 in the design, planning, and construction of the Tooele

18 Wastewater Treatment and Reuse Project.

19 ‘‘(b) COST SHARE.—The Federal share of the cost

20 of a project described in subsection (a) shall not exceed

21 25 percent of the total cost.

22 ‘‘(c) LIMITATION.—The Secretary shall not provide

23 funds for the operation or maintenance of a project de24 scribed in subsection (a).’’.

25 (b) CONFORMING AMENDMENTS.—
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1 (1) Section 1631 of such Act, as redesignated

2 by subsection (a)(1), is amended by striking out

3 ‘‘1614’’ and inserting in lieu thereof ‘‘1630’’.

4 (2) Section 1632(c) of such Act, as redesig5 nated by subsection (a)(1), is amended by striking

6 out ‘‘section 1617’’ and inserting in lieu thereof

7 ‘‘section 1633’’.

8 (3) Section 1633 of such Act, as redesignated

9 by subsection (a)(1), is amended by striking out

10 ‘‘section 1616’’ and inserting in lieu thereof ‘‘section

11 1632’’.

12 (c) CLERICAL AMENDMENTS.—The table of sections

13 in section 2 of the Reclamation Projects Authorization and

14 Adjustment Act of 1992 is amended—

15 (1) by redesignating the items relating to sec16 tions 1615, 1616, and 1617 as items relating to sec17 tions 1631, 1632, and 1633, respectively, and

18 (2) by inserting after the item relating to sec19 tion 1614 the following new items:

‘‘Sec. 1615. North San Diego County Area Water Recycling Project.

‘‘Sec. 1616. Calleguas Municipal Water District Recycling Project.

‘‘Sec. 1617. Central Valley Water Recycling Project.

‘‘Sec. 1618. St. George Area Water Recycling Project.

‘‘Sec. 1619. Watsonville Area Water Recycling Project.

‘‘Sec. 1620. Southern Nevada Water Recycling Project.

‘‘Sec. 1621. Albuquerque Metropolitan Area Water Reclamation and Reuse

Study.

‘‘Sec. 1622. El Paso Water Reclamation and Reuse Project.

‘‘Sec. 1623. Reclaimed Water in Pasadena.

‘‘Sec. 1624. Phase 1 of the Orange County Regional Water Reclamation

Project.

‘‘Sec. 1625. City of West Jordan Water Reuse Project.
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‘‘Sec. 1626. Hi-Desert Water District in Yucca Valley, California

Wastewater Collection and Reuse Facility.

‘‘Sec. 1627. Mission Basin Brackish Groundwater Desalting Demonstration Project.

‘‘Sec. 1628. Treatment of effluent from the sanitation districts of Los Angeles County through the City of Long Beach.

‘‘Sec. 1629. San Joaquin Area Water Recycling and Reuse Project.

‘‘Sec. 1630. Tooele Wastewater Treatment and Reuse Project.’’.

1 SEC. 3. APPRAISAL INVESTIGATIONS.

2 Section 1603(b) of (43 U.S.C. 390h–1(b)) is amend3 ed in the matter preceding paragraph (1) by inserting ‘‘by

4 the Secretary or the non-Federal project sponsor’’ after

5 ‘‘undertaken’’.

6 SEC. 4. FEASIBILITY STUDIES.

7 Section 1604(c) of the Reclamation Projects Author8 ization and Adjustment Act of 1992 (43 U.S.C. 390h–

9 2(c)) is amended—

10 (1) in the matter preceding paragraph (1), by

11 striking ‘‘authorized’’ and inserting ‘‘conducted by

12 the Secretary or the non-Federal project sponsor’’;

13 (2) in paragraph (3)—

14 (A) by inserting ‘‘at least two alternatives

15 alternative’’ after ‘‘(3)’’,

16 (B) by striking ‘‘and’’ after ‘‘measures’’

17 and inserting ‘‘or’’, and

18 (C) by inserting ‘‘for the project under

19 consideration’’ after ‘‘reuse’’;

20 (3) in paragraph (4), by striking ‘‘and,’’ at the

21 end;
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1 (4) in paragraph (5), by striking ‘‘or’’ at the

2 end of subparagraph (A), by striking the period at

3 the end of subparagraph (B) and inserting ‘‘, or’’,

4 and by adding at the end the following:

5 ‘‘(C) reduce the demand on existing Fed6 eral water supply facilities,;’’; and

7 (5) by adding at the end the following:

8 ‘‘(6) the market or dedicated use for reclaimed

9 water in the project’s service area; and

10 ‘‘(7) the financial capability of the non-Federal

11 project sponsor to fund its proportionate share of

12 the project’s construction costs on an annual basis.’’.

13 SEC. 5. DESALINATION RESEARCH AND DEVELOPMENT

14 PROJECT.

15 Section 1605 of the Reclamation Projects Authoriza16 tion and Adjustment Act of 1992 (43 U.S.C. 390h–3) is

17 amended—

18 (1) by designating the existing text as sub19 section (a); and

20 (2) by adding at the end the following:

21 ‘‘(b)(1) The Secretary, in cooperation with the city

22 of Long Beach, the Central Basin Municipal Water Dis23 trict, and the Metropolitan Water District of Southern

24 California may participate in the design, planning, and

25 construction of the Long Beach Desalination Research
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1 and Development Project in Los Angeles County, Califor2 nia.

3 ‘‘(2) The Federal share of the cost of the project de4 scribed in paragraph (1) shall not exceed 50 percent of

5 the total.

6 ‘‘(3) The Secretary shall not provide funds for the

7 operation or maintenance of the project described in para8 graph (1).

9 ‘‘(c)(1) The Secretary, in cooperation with the South10 ern Nevada Water Authority, may participate in the de11 sign, planning, and construction of the Las Vegas Area

12 Shallow Aquifer Desalination Research and Development

13 Project in Clark County, Nevada.

14 ‘‘(2) The Federal share of the cost of the project de15 scribed in paragraph (1) shall not exceed 50 percent of

16 the total.

17 ‘‘(3) The Secretary shall not provide funds for the

18 operation or maintenance of the project described in para19 graph (1).

20 ‘‘(d) A Federal contribution in excess of 25 percent

21 for a project under this section may not be made until

22 after the Secretary determines that the project is not fea23 sible without such Federal contribution.’’.
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1 SEC. 6. SAN FRANCISCO AREA WATER RECLAMATION

2 STUDY.

3 Section 1611(c) of the Reclamation Projects Author4 ization and Adjustment Act of 1992 (43 U.S.C. 390h–

5 9(c)) is amended by striking ‘‘four’’ and inserting ‘‘five’’.

6 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

7 Section 1631 of the Reclamation Projects Authoriza8 tion and Adjustment Act of 1992 (43 U.S.C. 390h–13),

9 as amended by section 2 of this Act, is amended by insert10 ing ‘‘(a)’’ before ‘‘There are authorized’’ and by adding

11 at the end the following:

12 ‘‘(b)(1) Funds may not be appropriated for the con13 struction of any project authorized by this title until

14 after—

15 ‘‘(A) an appraisal investigation and a feasibility

16 study that complies with the provisions of sections

17 1603(b) or 1604(c), as the case may be, have been

18 completed by the Secretary or the non-Federal

19 project sponsor;

20 ‘‘(B) the Secretary has determined that the

21 non-Federal project sponsor is financially capable of

22 funding the non-Federal share of the project’s costs;

23 and

24 ‘‘(C) the Secretary has approved a cost-sharing

25 agreement with the non-Federal project sponsor

26 which commits the non-Federal project sponsor to
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1 funding its proportionate share of the project’s con2 struction costs on an annual basis.

3 ‘‘(2) The requirements of paragraph (1) shall not

4 apply to those projects authorized by this title for which

5 funds were appropriated prior to January 1, 1996.

6 ‘‘(c) The Secretary shall notify the Committees on

7 Resources and Appropriations of the House of Represent8 atives and the Committees on Energy and Natural Re9 sources and Appropriations of the Senate within 30 days

10 after the signing of a cost-sharing agreement pursuant to

11 subsection (b) that such an agreement has been signed

12 and that the Secretary has determined that the non-Fed13 eral project sponsor is financially capable of funding the

14 project’s non-Federal share of the project’s costs.

15 ‘‘(d)(1) Notwithstanding any other provision of this

16 title and except as provided by paragraph (2), the Federal

17 share of the costs of each of the individual projects author18 ized by this title shall not exceed $20,000,000.

19 ‘‘(2) In the case of any project authorized by this title

20 for which construction funds were appropriated before

21 January 1, 1996, the Federal share of the cost of such

22 project may not exceed the amount specified as the ‘total

23 Federal obligation’ for that project in the budget justifica24 tion made by the Bureau of Reclamation for fiscal year

25 1997, as contained in part 3 of the report of the hearing
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1 held on March 27, 1996, before the Subcommittee on En2 ergy and Water Development of the Committee on Appro3 priations of the House of Representatives.’’.