H. R. 3660

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To make amendments to the Reclamation Wastewater and Groundwater Study

and Facilities Act, 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 ‘‘Reclamation Recycling and Water

Conservation Act of 1996’’.

SEC. 2. WATER RECYCLING PROJECTS.

(a) IN GENERAL.—The Reclamation Projects Authorization and

Adjustment Act of 1992 (43 U.S.C. 390h et seq.) is amended—

(1) by redesignating sections 1615, 1616, and 1617 as

sections 1631, 1632, and 1633, respectively, and

(2) by inserting after section 1614 the following new

sections:

‘‘SEC. 1615. NORTH SAN DIEGO COUNTY AREA WATER RECYCLING

PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of the North San Diego

County Area Water Recycling Project, consisting of projects to

reclaim and reuse water within service areas of the San Elijo

Joint Powers Authority, the Leucadia County Water District, the

City of Carlsbad, and the Olivenhain Municipal Water District,

California.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

‘‘SEC. 1616. CALLEGUAS MUNICIPAL WATER DISTRICT RECYCLING

PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of the Calleguas Municipal

Water District Recycling Project to reclaim and reuse water in

the service area of the Calleguas Municipal Water District in Ventura County, California.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.
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‘‘(c) LIMITATION.—The Secretary shall not provide funds for

the operation or maintenance of a project described in subsection

(a).

‘‘SEC. 1617. CENTRAL VALLEY WATER RECYCLING PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of the Central Valley

Water Recycling Project to reclaim and reuse water in the service

areas of the Central Valley Reclamation Facility and the Salt Lake

County Water Conservancy District in Utah.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

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

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of the St. George Area

Water Recycling Project to reclaim and reuse water in the service

area of the Washington County Water Conservancy District in

Utah.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

‘‘SEC. 1619. WATSONVILLE AREA WATER RECYCLING PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

City of Watsonville, California, is authorized to participate in the

design, planning, and construction of the Watsonville Area Water

Recycling Project to reclaim and reuse water in the Pajaro Valley

in Santa Cruz County, California.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

‘‘SEC. 1620. SOUTHERN NEVADA WATER RECYCLING PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of the Southern Nevada

Water Recycling Project to reclaim and reuse water in the service

area of the Southern Nevada Water Authority in Clark County,

Nevada.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in

subsection (a).
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‘‘SEC. 1621. ALBUQUERQUE METROPOLITAN AREA WATER

RECLAMATION AND REUSE STUDY.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

city of Albuquerque, New Mexico, is authorized to participate in

the Albuquerque Metropolitan Area Water Reclamation and Reuse

Study to reclaim and reuse industrial and municipal wastewater

and reclaim and use naturally impaired ground water in the

Albuquerque metropolitan area.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

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

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of the El Paso Water

Reclamation and Reuse Project to reclaim and reuse wastewater

in the service area of the El Paso Water Utilities Public Service

Board, El Paso, Texas.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

‘‘SEC. 1623. RECLAIMED WATER IN PASADENA.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of the City of Pasadena,

California, reclaimed water project to obtain, store, and use

reclaimed water in Pasadena and its service area, as well as

neighboring communities.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

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

RECLAMATION PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of phase 1 of the Orange

County Regional Water Reclamation Project, to reclaim and reuse

water within the service area of the Orange County Water District

in California.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in

subsection (a).
H. R. 3660—4

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

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

City of West Jordan, Utah, is authorized to participate in the

design, planning, and construction of the City of West Jordan Water

Reuse Project to recycle and reuse water in its service area from

the South Valley Water Reclamation Facility Discharge Waters

in Utah.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

‘‘SEC. 1626. HI-DESERT WATER DISTRICT IN YUCCA VALLEY,

CALIFORNIA WASTEWATER COLLECTION AND REUSE

FACILITY.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of the Hi-Desert Water

District in Yucca Valley, California wastewater collection and reuse

facility.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

‘‘SEC. 1627. MISSION BASIN BRACKISH GROUNDWATER DESALTING

DEMONSTRATION PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

City of Oceanside, is authorized to participate in the design,

planning, and construction of a 3,000,000 gallon per day expansion

of the Mission Basin Brackish Groundwater Desalting Demonstration Project in Oceanside, California.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

‘‘SEC. 1628. TREATMENT OF EFFLUENT FROM THE SANITATION

DISTRICTS OF LOS ANGELES COUNTY THROUGH THE

CITY OF LONG BEACH.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

Water Replenishment District of Southern California, the Orange

County Water District in the State of California, and other appropriate authorities, is authorized to participate in the design, planning, and construction of water reclamation and reuse projects

to treat approximately 10,000 acre-feet per year of effluent from

the sanitation districts of Los Angeles County through the city

of Long Beach.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.
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‘‘(c) LIMITATION.—The Secretary shall not provide funds for

the operation or maintenance of a project described in subsection

(a).

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

PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the

appropriate State and local authorities, is authorized to participate

in the design, planning, and construction of the San Joaquin Area

Water Recycling and Reuse Project, in cooperation with the City

of Tracy, and consisting of participating projects which will reclaim

and reuse water within the County of San Joaquin in California.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).

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

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with Tooele

City, Utah, is authorized to participate in the design, planning,

and construction of the Tooele Wastewater Treatment and Reuse

Project.

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

described in subsection (a) shall not exceed 25 percent of the total

cost.

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

the operation or maintenance of a project described in subsection

(a).’’.

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

(a)(1), is amended by striking out ‘‘1614’’ and inserting in lieu

thereof ‘‘1630’’.

(2) Section 1632(c) of such Act, as redesignated by subsection (a)(1), is amended by striking out ‘‘section 1617’’ and

inserting in lieu thereof ‘‘section 1633’’.

(3) Section 1633 of such Act, as redesignated by subsection

(a)(1), is amended by striking out ‘‘section 1616’’ and inserting

in lieu thereof ‘‘section 1632’’.

(c) CLERICAL AMENDMENTS.—The table of sections in section

2 of the Reclamation Projects Authorization and Adjustment Act

of 1992 is amended—

(1) by redesignating the items relating to sections 1615,

1616, and 1617 as items relating to sections 1631, 1632, and

1633, respectively, and

(2) by inserting after the item relating to section 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.

‘‘Sec. 1626. Hi-Desert Water District in Yucca Valley, California Wastewater Collection and Reuse Facility.
H. R. 3660—6

‘‘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.’’.

SEC. 3. APPRAISAL INVESTIGATIONS.

Section 1603(b) of the Reclamation Projects Authorization and

Adjustment Act of 1992 (43 U.S.C. 390h–1(b)) is amended in the

matter preceding paragraph (1) by inserting ‘‘by the Secretary or

the non-Federal project sponsor’’ after ‘‘undertaken’’.

SEC. 4. FEASIBILITY STUDIES.

Section 1604(c) of the Reclamation Projects Authorization and

Adjustment Act of 1992 (43 U.S.C. 390h–2(c)) is amended—

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

‘‘authorized’’ and inserting ‘‘conducted by the Secretary or the

non-Federal project sponsor’’;

(2) in paragraph (3)—

(A) by inserting ‘‘at least two alternative’’ after ‘‘(3)’’,

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

‘‘or’’, and

(C) by inserting ‘‘for the project under consideration’’

after ‘‘reuse’’;

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

(4) in paragraph (5), by striking ‘‘or’’ at the end of subparagraph (A), by striking the period at the end of subparagraph

(B) and inserting ‘‘, or’’, and by adding at the end the following:

‘‘(C) reduce the demand on existing Federal water

supply facilities;’’; and

(5) by adding at the end the following:

‘‘(6) the market or dedicated use for reclaimed water in

the project’s service area; and

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

sponsor to fund its proportionate share of the project’s construction costs on an annual basis.’’.

SEC. 5. DESALINATION RESEARCH AND DEVELOPMENT PROJECT.

Section 1605 of the Reclamation Projects Authorization and

Adjustment Act of 1992 (43 U.S.C. 390h–3) is amended—

(1) by designating the existing text as subsection (a); and

(2) by adding at the end the following:

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

Beach, the Central Basin Municipal Water District, and the Metropolitan Water District of Southern California may participate in

the design, planning, and construction of the Long Beach Desalination Research and Development Project in Los Angeles County,

California.

‘‘(2) The Federal share of the cost of the project described

in paragraph (1) shall not exceed 50 percent of the total.

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

or maintenance of the project described in paragraph (1).

‘‘(c)(1) The Secretary, in cooperation with the Southern Nevada

Water Authority, may participate in the design, planning, and

construction of the Las Vegas Area Shallow Aquifer Desalination

Research and Development Project in Clark County, Nevada.

‘‘(2) The Federal share of the cost of the project described

in paragraph (1) shall not exceed 50 percent of the total.
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‘‘(3) The Secretary shall not provide funds for the operation

or maintenance of the project described in paragraph (1).

‘‘(d) A Federal contribution in excess of 25 percent for a project

under this section may not be made until after the Secretary

determines that the project is not feasible without such Federal

contribution.’’.

SEC. 6. SAN FRANCISCO AREA WATER RECLAMATION STUDY.

Section 1611(c) of the Reclamation Projects Authorization and

Adjustment Act of 1992 (43 U.S.C. 390h–9(c)) is amended by striking ‘‘four’’ and inserting ‘‘five’’.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

Section 1631 of the Reclamation Projects Authorization and

Adjustment Act of 1992 (43 U.S.C. 390h–13), as amended by section

2 of this Act, is amended by inserting ‘‘(a)’’ before ‘‘There are

authorized’’ and by adding at the end the following:

‘‘(b)(1) Funds may not be appropriated for the construction

of any project authorized by this title until after—

‘‘(A) an appraisal investigation and a feasibility study that

complies with the provisions of sections 1603(b) or 1604(c),

as the case may be, have been completed by the Secretary

or the non-Federal project sponsor;

‘‘(B) the Secretary has determined that the non-Federal

project sponsor is financially capable of funding the non-Federal

share of the project’s costs; and

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

with the non-Federal project sponsor which commits the nonFederal project sponsor to funding its proportionate share of

the project’s construction costs on an annual basis.

‘‘(2) The requirements of paragraph (1) shall not apply to those

projects authorized by this title for which funds were appropriated

prior to January 1, 1996.

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

and Appropriations of the House of Representatives and the

Committees on Energy and Natural Resources and Appropriations

of the Senate within 30 days after the signing of a cost-sharing

agreement pursuant to subsection (b) that such an agreement has

been signed and that the Secretary has determined that the nonFederal project sponsor is financially capable of funding the project’s

non-Federal share of the project’s costs.

‘‘(d)(1) Notwithstanding any other provision of this title and

except as provided by paragraph (2), the Federal share of the

costs of each of the individual projects authorized by this title

shall not exceed $20,000,000 (October 1996 prices).
H. R. 3660—8

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

which construction funds were appropriated before January 1, 1996,

the Federal share of the cost of such project may not exceed the

amount specified as the ‘total Federal obligation’ for that project

in the budget justification made by the Bureau of Reclamation

for fiscal year 1997, as contained in part 3 of the report of the

hearing held on March 27, 1996, before the Subcommittee on Energy

and Water Development of the Committee on Appropriations of

the House of Representatives.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.