II 

109TH CONGRESS 

2D SESSION S. 3639 

To amend the Reclamation Wastewater and Groundwater Study and Facilities 

Act to provide standards and procedures for the review of water reclamation and reuse projects. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2006 

Ms. MURKOWSKI (for herself and Mrs. FEINSTEIN) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To amend the Reclamation Wastewater and Groundwater 

Study and Facilities Act to provide standards and procedures for the review of water reclamation and reuse 

projects. 

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 ‘‘Reclaiming the Na5 tion’s Water Act’’. 


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1 SEC. 2. PURPOSE; DEFINITIONS. 

2 The Reclamation Wastewater and Groundwater 

3 Study and Facilities Act (43 U.S.C. 390h et seq.) is 

4 amended— 

5 (1) by striking section 1603; 

6 (2) by redesignating section 1602 as section 

7 1603; and 

8 (3) by inserting after section 1601 the fol9 lowing: 

10 ‘‘SEC. 1602. PURPOSES; DEFINITIONS. 

11 ‘‘(a) PURPOSES.—The purposes of this title are— 

12 ‘‘(1) to assist in the development of permanent 

13 local and regional water reclamation and reuse 

14 projects in— 

15 ‘‘(A) the States and areas referred to in 

16 the first section of the Act of June 17, 1902 

17 (43 U.S.C. 391); and 

18 ‘‘(B) the State of Hawaii; and 

19 ‘‘(2) to further improvements in water reclama20 tion and reuse technologies through the conduct of— 

21 ‘‘(A) research; and 

22 ‘‘(B) demonstration activities in the States 

23 and areas described in subparagraphs (A) and 

24 (B) of paragraph (1). 

25 ‘‘(b) DEFINITIONS.—In this title: 


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1 ‘‘(1) FINANCIALLY CAPABLE PROJECT SPON2 SOR.—The term ‘financially capable project sponsor’ 

3 means a non-Federal project sponsor that is capable 

4 of providing— 

5 ‘‘(A) the non-Federal share of the project 

6 costs; and 

7 ‘‘(B) 100 percent of the operations and 

8 maintenance costs of the project. 

9 ‘‘(2) NON-FEDERAL PROJECT SPONSOR.—The 

10 term ‘non-Federal project sponsor’ means a State, 

11 regional, or local authority or other qualifying entity, 

12 such as a water conservation district, water conser13 vancy district, or rural water district or association. 

14 ‘‘(3) FEDERAL RECLAMATION LAWS.—The term 

15 ‘Federal reclamation laws’ means the Act of June 

16 17, 1902 (32 Stat. 388, chapter 1093), and Acts 

17 supplemental to and amendatory of that Act (43 

18 U.S.C. 371 et seq.). 

19 ‘‘(4) RECLAIM; RECLAMATION.—The terms ‘re20 claim’ and ‘reclamation’ include recycling and desali21 nation. 

22 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of the Interior. 


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1 ‘‘(6) TECHNICALLY AND FINANCIALLY VIABLE

2 PROJECT.—The term ‘technically and financially via3 ble project’ means a project that— 

4 ‘‘(A) is a technically viable project; and 

5 ‘‘(B) has a financially capable project 

6 sponsor. 

7 ‘‘(7) TECHNICALLY VIABLE PROJECT.—The 

8 term ‘technically viable project’ means a project 

9 that— 

10 ‘‘(A) meets generally acceptable engineer11 ing, public health, and environmental stand12 ards; and 

13 ‘‘(B) has obtained or is expected to obtain 

14 approval of all Federal, State, and local permits 

15 necessary for implementation of the project.’’. 

16 SEC. 3. GENERAL AUTHORITY. 

17 Section 1603(a) of the Reclamation Wastewater and 

18 Groundwater Study and Facilities Act (as redesignated by 

19 section 2(2)), is amended— 

20 (1) by striking ‘‘The Secretary of the Interior’’ 

21 and all that follows through ‘‘is directed to’’ and in22 serting ‘‘The Secretary, acting pursuant to Federal 

23 reclamation laws, shall’’; 

24 (2) by striking ‘‘investigate and identify’’ and 

25 inserting ‘‘participate in’’; and 


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1 (3) by striking ‘‘to conduct research, including 

2 desalting’’ and inserting ‘‘conduct research, includ3 ing desalination’’. 

4 SEC. 4. REVIEW OF PROPOSALS SUBMITTED BY NON-FED5 ERAL PROJECT SPONSORS. 

6 The Reclamation Wastewater and Groundwater 

7 Study and Facilities Act (43 U.S.C. 390h et seq.) is 

8 amended by striking section 1604 and inserting the fol9 lowing: 

10 ‘‘SEC. 1604. REVIEW OF PROPOSALS SUBMITTED BY NON11 FEDERAL PROJECT SPONSORS. 

12 ‘‘(a) AUTHORITY TO REVIEW.—The Secretary shall 

13 review any project proposal under this title that is— 

14 ‘‘(1) developed by a non-Federal project spon15 sor— 

16 ‘‘(A) independently; or 

17 ‘‘(B) with the assistance of the Depart18 ment of the Interior or any other governmental 

19 or nongovernmental entity; and 

20 ‘‘(2) submitted or resubmitted to the Secretary 

21 by a non-Federal project sponsor, including a project 

22 proposal that has been previously reviewed for feasi23 bility by the Secretary. 

24 ‘‘(b) REQUIREMENTS.—In addition to complying with 

25 any requirements of other Federal laws, a project proposal 


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1 submitted by a non-Federal project sponsor under this 

2 section shall— 

3 ‘‘(1) provide sufficient evidence, as determined 

4 by the Secretary, to demonstrate that the project— 

5 ‘‘(A) is a technically viable project; and 

6 ‘‘(B) has a financially capable project 

7 sponsor; and 

8 ‘‘(2) provide information on each of the factors 

9 described in subsection (d)(1)(B)(ii). 

10 ‘‘(c) DETERMINATION OF FINANCIAL AND TECH11 NICAL VIABILITY.— 

12 ‘‘(1) IN GENERAL.—Not later than 30 days 

13 after the date on which a non-Federal project spon14 sor submits a project proposal (including any sup15 porting documentation) under subsection (a)(2), the 

16 Secretary shall provide to the non-Federal project 

17 sponsor written notice on whether the project pro18 posal includes sufficient information under para19 graph (2) for the Secretary to determine whether the 

20 proposed project is a technically and financially via21 ble project. 

22 ‘‘(2) CHECKLIST.—A project proposal shall in23 clude sufficient information for a determination 

24 under paragraph (1) if the proposal includes— 


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1 ‘‘(A) a map of the proposed project area 

2 and service area; 

3 ‘‘(B) a project description or plan, includ4 ing engineering plans; 

5 ‘‘(C) the initial cost estimates for the 

6 project; 

7 ‘‘(D) a financial plan for the project; and 

8 ‘‘(E) a report on the status of any Federal, 

9 State, and local permits that are necessary to 

10 implement the project. 

11 ‘‘(3) DETERMINATION OF INSUFFICIENT INFOR12 MATION.— 

13 ‘‘(A) IN GENERAL.—If the Secretary deter14 mines that there is insufficient information in 

15 the project proposal for the Secretary to deter16 mine whether the project is a technically and fi17 nancially viable project— 

18 ‘‘(i) the Secretary shall provide to the 

19 non-Federal project sponsor written notice 

20 that identifies any information that the 

21 Secretary determines to be necessary to 

22 make the determination; and 

23 ‘‘(ii) the non-Federal project entity 

24 may submit a revised project proposal to 

25 the Secretary. 


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1 ‘‘(B) NOTIFICATION.—Not later than 21 

2 days after the date on which a non-Federal 

3 project sponsor submits a revised proposal to 

4 the Secretary under subparagraph (A)(ii), the 

5 Secretary shall provide to the non-Federal 

6 project sponsor written notice that describes 

7 whether sufficient information has been pro8 vided to make a determination on whether the 

9 project is a technically and financially viable 

10 project. 

11 ‘‘(d) NOTICE TO CONGRESS.— 

12 ‘‘(1) IN GENERAL.—Not later than 180 days 

13 after the date on which the Secretary determines 

14 that a project proposal includes sufficient informa15 tion to make a determination on whether the project 

16 is a technically and financially viable project, the 

17 Secretary shall submit to Congress a written notice 

18 of the findings of the Secretary that includes— 

19 ‘‘(A) a statement and explanation of the 

20 determination on whether the project is a tech21 nically and financially viable project; and 

22 ‘‘(B) a concise recommendation of the Sec23 retary on whether the project should be author24 ized for construction, that is based on, but is 

25 not required to describe— 


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1 ‘‘(i) the results of the review of the 

2 project proposal under subsection (a); and 

3 ‘‘(ii) the consideration of the following 

4 factors: 

5 ‘‘(I) The cost per acre-foot of 

6 water to be produced by the project. 

7 ‘‘(II) The quality and quantity of 

8 water to be produced by the project. 

9 ‘‘(III) The cost-effectiveness of 

10 the project compared with other avail11 able alternatives, including whether 

12 other comparatively cost-effective al13 ternatives for meeting a significant 

14 water supply need for the project 

15 exist. 

16 ‘‘(IV) Any environmental benefits 

17 or adverse effects of the project. 

18 ‘‘(V) The extent to which the 

19 project would help serve an identified 

20 Federal interest. 

21 ‘‘(VI) The extent to which the 

22 project would provide regional bene23 fits. 

24 ‘‘(VII) Whether the project dem25 onstrates innovative or alternative 


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1 technologies or processes relating to 

2 water treatment or waste minimiza3 tion and management. 

4 ‘‘(2) AVAILABILITY.—To ensure that the deter5 mination and recommendation submitted under 

6 paragraph (1) are made publicly available, the Sec7 retary shall— 

8 ‘‘(A) transmit a copy of the written notice 

9 under paragraph (1) to— 

10 ‘‘(i) the Committee on Energy and 

11 Natural Resources of the Senate; and 

12 ‘‘(ii) the Committee on Resources of 

13 the House of Representatives; and 

14 ‘‘(B) publish in the Federal Register notice 

15 of the availability of the written notice. 

16 ‘‘(e) REVISIONS TO PROPOSAL.— 

17 ‘‘(1) IN GENERAL.—If the Secretary determines 

18 under subsection (d)(1)(A) that a project is not a 

19 technically and financially viable project, the Sec20 retary shall not be required to conduct further anal21 ysis of the project until the non-Federal project 

22 sponsor— 

23 ‘‘(A) conducts an additional investigation 

24 of the project; and 


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1 ‘‘(B) resubmits a revised project proposal 

2 in accordance with this section. 

3 ‘‘(2) COSTS.—The non-Federal project sponsor 

4 shall pay any costs associated with revising the 

5 project proposal under paragraph (1). 

6 ‘‘(f) CONGRESSIONAL DETERMINATION AND AU7 THORIZATION.— 

8 ‘‘(1) CONGRESSIONAL DETERMINATION.—Con9 gress may make the determination on whether to au10 thorize a project under this title if— 

11 ‘‘(A) the Secretary submits the written no12 tice under subsection (d)(1); 

13 ‘‘(B) by the date that is 60 days after the 

14 date on which a non-Federal project sponsor 

15 submits a project proposal under subsection 

16 (a)(2), the Secretary does not submit written 

17 notice to the non-Federal project sponsor under 

18 subsection (c)(1); or 

19 ‘‘(C) by the date that is 180 days after the 

20 date on which the Secretary determines that a 

21 project proposal includes sufficient information 

22 to make a determination on whether the project 

23 is a technically and financially viable project, 

24 the Secretary does not submit the written no25 tice under subsection (d)(1). 


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1 ‘‘(2) CONGRESSIONAL AUTHORIZATION.—Noth2 ing in this section precludes Congress from author3 izing a project under this title. 

4 ‘‘(g) TRANSITION PROVISIONS.— 

5 ‘‘(1) IN GENERAL.—A non-Federal project 

6 sponsor that has submitted to the Secretary for re7 view a feasibility study for a project under this title 

8 before the date of enactment of the Reclaiming the 

9 Nation’s Water Act may— 

10 ‘‘(A) submit a new project proposal for ap11 proval under subsection (a); or 

12 ‘‘(B) notify the Secretary in writing that 

13 the non-Federal project sponsor elects to seek 

14 approval of the project using the previously sub15 mitted feasibility study. 

16 ‘‘(2) SUPPLEMENTAL INFORMATION.—If the 

17 non-Federal project sponsor makes the election 

18 under paragraph (1)(B), the non-Federal project 

19 sponsor may supplement the previously submitted 

20 feasibility study to provide additional information— 

21 ‘‘(A) on whether the project is a technically 

22 and financially viable project; and 

23 ‘‘(B) to address each of the factors de24 scribed in subsection (d)(1)(B)(ii). 


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1 ‘‘(3) DETERMINATION OF TECHNICAL AND FI2 NANCIAL VIABILITY.—Not later than 90 days after 

3 the date on which the Secretary receives notice of an 

4 election under paragraph (1)(B), the Secretary shall 

5 determine whether the project is a technically and fi6 nancially viable project. 

7 ‘‘(4) NOTICE TO CONGRESS.—Not later than 

8 180 days after the date on which the Secretary re9 ceives notice of an election under paragraph (1)(B), 

10 the Secretary shall submit to Congress written no11 tice on the determination and recommendation of 

12 the Secretary with respect to the proposal in accord13 ance with subsection (d).’’. 

14 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 1631 of the Reclamation Wastewater and 

16 Groundwater Study and Facilities Act (43 U.S.C. 390h– 

17 13) is amended— 

18 (1) in subsection (b)(1)— 

19 (A) by striking ‘‘may not be appropriated’’ 

20 and inserting ‘‘may not be expended by the Sec21 retary’’; and 

22 (B) by striking subparagraphs (A) and (B) 

23 and inserting the following: 

24 ‘‘(A) Congress has authorized the con25 struction of the project; 


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1 ‘‘(B) the Secretary has determined that 

2 the project has a financially capable project 

3 sponsor; and’’; 

4 (2) in subsection (c), by striking ‘‘the non-Fed5 eral project sponsor’’ and all that follows through 

6 ‘‘project’s costs’’ and inserting ‘‘the project has a fi7 nancially capable project sponsor’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(e) LIMITATION ON NEW PROJECTS.— 

10 ‘‘(1) IN GENERAL.—The Federal share of the 

11 total costs of any project authorized under this title 

12 after the date of enactment of the Reclaiming the 

13 Nation’s Water Act shall be not more than 20 per14 cent. 

15 ‘‘(2) OPERATION AND MAINTENANCE COSTS.— 

16 No Federal funds shall be used to pay the costs of 

17 operating and maintaining any project authorized 

18 under this title after the date of enactment of the 

19 Reclaiming the Nation’s Water Act. 

20 ‘‘(f) DEAUTHORIZATION.—Any project authorized 

21 under this title that has not received Federal funding by 

22 the date that is the later of the date that is 10 years after 

23 the date of enactment of the Reclaiming the Nation’s 

24 Water Act or 10 years after the date on which construc25 tion of the project is authorized shall be deauthorized.’’. 


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1 SEC. 6. REUSE PLANNING ASSISTANCE PROGRAM. 

2 The Reclamation Wastewater and Groundwater 

3 Study and Facilities Act (43 U.S.C. 390h et seq.) is 

4 amended by adding at the end the following: 

5 ‘‘SEC. 1639. REUSE PLANNING ASSISTANCE PROGRAM. 

6 ‘‘(a) IN GENERAL.—The Secretary may cooperate 

7 with any non-Federal project sponsor in the preparation 

8 of any plan (including a project proposal) for the develop9 ment of reclaimed water for reuse applications or environ10 mental benefits that are in the public interest, as deter11 mined by the Secretary. 

12 ‘‘(b) AGREEMENT.— 

13 ‘‘(1) IN GENERAL.—At the request of a non14 Federal project sponsor, the Secretary may enter 

15 into an agreement with the non-Federal project 

16 sponsor to provide for the preparation of a project 

17 proposal for review under section 1604(a). 

18 ‘‘(2) REQUIREMENTS.—Any project proposal 

19 prepared under an agreement entered into under 

20 paragraph (1) shall comply with the National Envi21 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.), including any regulations promulgated to carry 

23 out that Act. 

24 ‘‘(3) CONSULTATION.—The Secretary shall con25 sult and cooperate with appropriate Federal, State, 

26 regional, and local entities during the development of 


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1 each project proposal prepared under an agreement 

2 entered into under paragraph (1). 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

4 ‘‘(1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out this section not more than 

6 $4,400,000 for fiscal year 2007 and each fiscal year 

7 thereafter, of which— 

8 ‘‘(A) not more than $500,000 shall be ex9 pended in any 1 fiscal year for a plan for any 

10 1 project; and 

11 ‘‘(B) not more than a total of $1,000,000 

12 shall be made available to a non-Federal project 

13 sponsor to prepare a plan for any 1 project. 

14 ‘‘(2) FEDERAL SHARE.—The Federal share of 

15 the total costs of any plan for a project prepared 

16 under an agreement entered into under subsection 

17 (b)(1) shall be not more than 50 percent.’’. 

18 SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS. 

19 (a) TECHNICAL AMENDMENTS.—The Reclamation 

20 Wastewater and Groundwater Study and Facilities Act 

21 (43 U.S.C. 390h et seq.) is amended— 

22 (1) in section 1612(a) (43 U.S.C. 390h–10(a)), 

23 by striking ‘‘California or’’ and inserting ‘‘Cali24 fornia, or’’; and 


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1 (2) in section 1632(a) (43 U.S.C. 390h– 

2 14(a))— 

3 (A) by striking ‘‘Secretary of the Interior’’ 

4 and inserting ‘‘Secretary’’; and 

5 (B) in paragraph (2), by striking the 

6 comma and inserting a semicolon. 

7 (b) CONFORMING AMENDMENTS.—The table of sec8 tions in section 2 of the Reclamation Projects Authoriza9 tion and Adjustment Act of 1992 (43 U.S.C. prec. 371) 

10 is amended— 

11 (1) by striking the items relating to sections 

12 1602 through 1604 and inserting the following: 

‘‘Sec. 1602. Purposes; Definitions. 

‘‘Sec. 1603. General authority. 

‘‘Sec. 1604. Review of proposals submitted by non-Federal project sponsors.’’; 

13 and 

14 (2) by inserting after the item relating to sec15 tion 1638 the following: 

‘‘Sec. 1639. Reuse planning assistance program.’’. 

Æ 


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