Calendar No. 579

104TH CONGRESS

2D SESSION H. R. 3660

AN ACT

To make amendments to the Reclamation

ties Act, and for other purposes.Wastewater and Groundwater Study and FaciliSEPTEMBER 5, 1996

Received; read twice and ordered to be placed on the

calendar
II

Calendar No. 579

104TH CONGRESS

2D SESSION H. R. 3660

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 5, 1996

Received; read twice and ordered to be placed on the calendar

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Reclamation Recycling

3 and Water Conservation Act of 1996’’.

4 SEC. 2. WATER RECYCLING PROJECTS.

5 (a) IN GENERAL.—The Reclamation Projects Au6 thorization and Adjustment Act of 1992 (43 U.S.C. 390h

7 et seq.) is amended—

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

9 1617 as sections 1631, 1632, and 1633, respectively,

10 and

11 (2) by inserting after section 1614 the following

12 new sections:

13 ‘‘SEC. 1615. NORTH SAN DIEGO COUNTY AREA WATER RECY14 CLING PROJECT.

15 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera16 tion with the appropriate State and local authorities, is

17 authorized to participate in the design, planning, and con18 struction of the North San Diego County Area Water Re19 cycling Project, consisting of projects to reclaim and reuse

20 water within service areas of the San Elijo Joint Powers

21 Authority, the Leucadia County Water District, the City

22 of Carlsbad, and the Olivenhain Municipal Water District,

23 California.

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

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

26 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. 1616. CALLEGUAS MUNICIPAL WATER DISTRICT RE5 CYCLING PROJECT.

6 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera7 tion with the appropriate State and local authorities, is

8 authorized to participate in the design, planning, and con9 struction of the Calleguas Municipal Water District Recy10 cling Project to reclaim and reuse water in the service area

11 of the Calleguas Municipal Water District in Ventura

12 County, California.

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

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

15 25 percent of the total cost.

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

17 funds for the operation or maintenance of a project de18 scribed in subsection (a).

19 ‘‘SEC. 1617. CENTRAL VALLEY WATER RECYCLING

20 PROJECT.

21 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera22 tion with the appropriate State and local authorities, is

23 authorized to participate in the design, planning, and con24 struction of the Central Valley Water Recycling Project

25 to reclaim and reuse water in the service areas of the
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1 Central Valley Reclamation Facility and the Salt Lake

2 County Water Conservancy District in Utah.

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

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

5 25 percent of the total cost.

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

7 funds for the operation or maintenance of a project de8 scribed in subsection (a).

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

10 PROJECT.

11 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera12 tion with the appropriate State and local authorities, is

13 authorized to participate in the design, planning, and con14 struction of the St. George Area Water Recycling Project

15 to reclaim and reuse water in the service area of the Wash16 ington County Water Conservancy District in Utah.

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

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

19 25 percent of the total cost.

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

21 funds for the operation or maintenance of a project de22 scribed in subsection (a).
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1 ‘‘SEC. 1619. WATSONVILLE AREA WATER RECYCLING

2 PROJECT.

3 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera4 tion with the City of Watsonville, California, is authorized

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

6 the Watsonville Area Water Recycling Project to reclaim

7 and reuse water in the Pajaro Valley in Santa Cruz Coun8 ty, California.

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. 1620. SOUTHERN NEVADA WATER RECYCLING

16 PROJECT.

17 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera18 tion with the appropriate State and local authorities, is

19 authorized to participate in the design, planning, and con20 struction of the Southern Nevada Water Recycling Project

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

22 Southern Nevada Water Authority in Clark County, Ne23 vada.

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

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

26 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. 1621. ALBUQUERQUE METROPOLITAN AREA WATER

5 RECLAMATION AND REUSE STUDY.

6 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera7 tion with the city of Albuquerque, New Mexico, is author8 ized to participate in the Albuquerque Metropolitan Area

9 Water Reclamation and Reuse Study to reclaim and reuse

10 industrial and municipal wastewater and reclaim and use

11 naturally impaired ground water in the Albuquerque met12 ropolitan area.

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

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

15 25 percent of the total cost.

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

17 funds for the operation or maintenance of a project de18 scribed in subsection (a).

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

20 PROJECT.

21 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera22 tion with the appropriate State and local authorities, is

23 authorized to participate in the design, planning, and con24 struction of the El Paso Water Reclamation and Reuse

25 Project to reclaim and reuse wastewater in the service
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1 area of the El Paso Water Utilities Public Service Board,

2 El Paso, Texas.

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

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

5 25 percent of the total cost.

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

7 funds for the operation or maintenance of a project de8 scribed in subsection (a).

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

10 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera11 tion with the appropriate State and local authorities, is

12 authorized to participate in the design, planning, and con13 struction of the City of Pasadena, California, reclaimed

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

15 Pasadena and its service area, as well as neighboring com16 munities.

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

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

19 25 percent of the total cost.

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

21 funds for the operation or maintenance of a project de22 scribed in subsection (a).
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1 ‘‘SEC. 1624. PHASE 1 OF THE ORANGE COUNTY REGIONAL

2 WATER RECLAMATION 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 phase 1 of the Orange County Regional Water

7 Reclamation Project, to reclaim and reuse water within

8 the service area of the Orange County Water District in

9 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. 1625. CITY OF WEST JORDAN WATER REUSE

17 PROJECT.

18 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera19 tion with the City of West Jordan, Utah, is authorized

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

21 the City of West Jordan Water Reuse Project to recycle

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

23 Water Reclamation Facility Discharge Waters in Utah.

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

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

26 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. 1626. HI-DESERT WATER DISTRICT IN YUCCA VALLEY,

5 CALIFORNIA WASTEWATER COLLECTION AND

6 REUSE FACILITY.

7 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera8 tion with the appropriate State and local authorities, is

9 authorized to participate in the design, planning, and con10 struction of the Hi-Desert Water District in Yucca Valley,

11 California wastewater collection and reuse facility.

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

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

14 25 percent of the total cost.

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

16 funds for the operation or maintenance of a project de17 scribed in subsection (a).

18 ‘‘SEC. 1627. MISSION BASIN BRACKISH GROUNDWATER

19 DESALTING DEMONSTRATION PROJECT.

20 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera21 tion with the City of Oceanside, is authorized to partici22 pate in the design, planning, and construction of a

23 3,000,000 gallon per day expansion of the Mission Basin

24 Brackish Groundwater Desalting Demonstration Project

25 in Oceanside, California.
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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. 1628. TREATMENT OF EFFLUENT FROM THE SANITA8 TION DISTRICTS OF LOS ANGELES COUNTY

9 THROUGH THE CITY OF LONG BEACH.

10 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera11 tion with the Water Replenishment District of Southern

12 California, the Orange County Water District in the State

13 of California, and other appropriate authorities, is author14 ized to participate in the design, planning, and construc15 tion of water reclamation and reuse projects to treat ap16 proximately 10,000 acre-feet per year of effluent from the

17 sanitation districts of Los Angeles County through the city

18 of Long Beach.

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. 1629. SAN JOAQUIN AREA WATER RECYCLING AND

2 REUSE 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 San Joaquin Area Water Recycling and

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

8 consisting of participating projects which will reclaim and

9 reuse water within the County of San Joaquin in Califor10 nia.

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

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

13 25 percent of the total cost.

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

15 funds for the operation or maintenance of a project de16 scribed in subsection (a).

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

18 PROJECT.

19 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera20 tion with Tooele City, Utah, is authorized to participate

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

22 Wastewater Treatment and Reuse Project.

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 (b) CONFORMING AMENDMENTS.—

5 (1) Section 1631 of such Act, as redesignated

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

7 ‘‘1614’’ and inserting in lieu thereof ‘‘1630’’.

8 (2) Section 1632(c) of such Act, as redesig9 nated by subsection (a)(1), is amended by striking

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

11 ‘‘section 1633’’.

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

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

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

15 1632’’.

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

17 in section 2 of the Reclamation Projects Authorization and

18 Adjustment Act of 1992 is amended—

19 (1) by redesignating the items relating to sec20 tions 1615, 1616, and 1617 as items relating to sec21 tions 1631, 1632, and 1633, respectively, and

22 (2) by inserting after the item relating to sec23 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.
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‘‘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.

‘‘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 alternative’’

15 after ‘‘(3)’’,

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

17 and inserting ‘‘or’’, and
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1 (C) by inserting ‘‘for the project under

2 consideration’’ after ‘‘reuse’’;

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

4 end;

5 (4) in paragraph (5), by striking ‘‘or’’ at the

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

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

8 and by adding at the end the following:

9 ‘‘(C) reduce the demand on existing Fed10 eral water supply facilities;’’; and

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

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

13 water in the project’s service area; and

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

15 project sponsor to fund its proportionate share of

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

17 SEC. 5. DESALINATION RESEARCH AND DEVELOPMENT

18 PROJECT.

19 Section 1605 of the Reclamation Projects Authoriza20 tion and Adjustment Act of 1992 (43 U.S.C. 390h–3) is

21 amended—

22 (1) by designating the existing text as sub23 section (a); and

24 (2) by adding at the end the following:
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1 ‘‘(b)(1) The Secretary, in cooperation with the city

2 of Long Beach, the Central Basin Municipal Water Dis3 trict, and the Metropolitan Water District of Southern

4 California may participate in the design, planning, and

5 construction of the Long Beach Desalination Research

6 and Development Project in Los Angeles County, Califor7 nia.

8 ‘‘(2) The Federal share of the cost of the project de9 scribed in paragraph (1) shall not exceed 50 percent of

10 the total.

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

12 operation or maintenance of the project described in para13 graph (1).

14 ‘‘(c)(1) The Secretary, in cooperation with the South15 ern Nevada Water Authority, may participate in the de16 sign, planning, and construction of the Las Vegas Area

17 Shallow Aquifer Desalination Research and Development

18 Project in Clark County, Nevada.

19 ‘‘(2) The Federal share of the cost of the project de20 scribed in paragraph (1) shall not exceed 50 percent of

21 the total.

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

23 operation or maintenance of the project described in para24 graph (1).
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1 ‘‘(d) A Federal contribution in excess of 25 percent

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

3 after the Secretary determines that the project is not fea4 sible without such Federal contribution.’’.

5 SEC. 6. SAN FRANCISCO AREA WATER RECLAMATION

6 STUDY.

7 Section 1611(c) of the Reclamation Projects Author8 ization and Adjustment Act of 1992 (43 U.S.C. 390h–

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

10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

11 Section 1631 of the Reclamation Projects Authoriza12 tion and Adjustment Act of 1992 (43 U.S.C. 390h–13),

13 as amended by section 2 of this Act, is amended by insert14 ing ‘‘(a)’’ before ‘‘There are authorized’’ and by adding

15 at the end the following:

16 ‘‘(b)(1) Funds may not be appropriated for the con17 struction of any project authorized by this title until

18 after—

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

20 study that complies with the provisions of sections

21 1603(b) or 1604(c), as the case may be, have been

22 completed by the Secretary or the non-Federal

23 project sponsor;

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

25 non-Federal project sponsor is financially capable of
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1 funding the non-Federal share of the project’s costs;

2 and

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

4 agreement with the non-Federal project sponsor

5 which commits the non-Federal project sponsor to

6 funding its proportionate share of the project’s con7 struction costs on an annual basis.

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

9 apply to those projects authorized by this title for which

10 funds were appropriated prior to January 1, 1996.

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

12 Resources and Appropriations of the House of Represent13 atives and the Committees on Energy and Natural Re14 sources and Appropriations of the Senate within 30 days

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

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

17 and that the Secretary has determined that the non-Fed18 eral project sponsor is financially capable of funding the

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

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

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

22 share of the costs of each of the individual projects author23 ized by this title shall not exceed $20,000,000 (October

24 1996 prices).
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1 ‘‘(2) In the case of any project authorized by this title

2 for which construction funds were appropriated before

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

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

5 Federal obligation’ for that project in the budget justifica6 tion made by the Bureau of Reclamation for fiscal year

7 1997, as contained in part 3 of the report of the hearing

8 held on March 27, 1996, before the Subcommittee on En9 ergy and Water Development of the Committee on Appro10 priations of the House of Representatives.’’.

Passed the House of Representatives September 4,

1996.

Attest: ROBIN H. CARLE,

Clerk.