I 
109TH CONGRESS 
2D SESSION 
H. R. 5768 
To amend the Reclamation Wastewater and Groundwater Study and Facilities 
Act to provide standards and procedures for the review of water reclama-
tion and reuse projects. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2006 
Mrs. NAPOLITANO introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To amend the Reclamation Wastewater and Groundwater 
Study and Facilities Act to provide standards and proce-
dures for the review of water reclamation and reuse 
projects. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reclaiming the Na-
tion’s Water Act’’. 
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SEC. 2. PURPOSE; DEFINITIONS. 
The Reclamation Wastewater and Groundwater 
Study and Facilities Act (43 U.S.C. 390h et seq.) is 
amended— 
(1) by striking section 1603; 
(2) by redesignating section 1602 as section 
1603; and 
(3) by inserting after section 1601 the fol-
lowing: 
‘‘SEC. 1602. PURPOSES; DEFINITIONS. 
‘‘(a) PURPOSES.—The purposes of this title are— 
‘‘(1) to assist in the development of permanent 
local and regional water reclamation and reuse 
projects in— 
‘‘(A) the States and areas referred to in 
the first section of the Act of June 17, 1902 
(43 U.S.C. 391); and 
‘‘(B) the State of Hawaii; and 
‘‘(2) to further improvements in water reclama-
tion and reuse technologies through the conduct of— 
‘‘(A) research; and 
‘‘(B) demonstration activities in the States 
and areas described in subparagraphs (A) and 
(B) of paragraph (1). 
‘‘(b) DEFINITIONS.—In this title: 
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‘‘(1) FINANCIALLY
CAPABLE
PROJECT
SPON-
SOR.—The term ‘financially capable project sponsor’ 
means a non-Federal project sponsor that is capable 
of providing— 
‘‘(A) the non-Federal share of the project 
costs; and 
‘‘(B) 100 percent of the operations and 
maintenance costs of the project. 
‘‘(2) NON-FEDERAL
PROJECT
SPONSOR.—The 
term ‘non-Federal project sponsor’ means a State, 
regional, or local authority or other qualifying entity, 
such as a water conservation district, water conser-
vancy district, or rural water district or association. 
‘‘(3) FEDERAL RECLAMATION LAWS.—The term 
‘Federal reclamation laws’ means the Act of June 
17, 1902 (32 Stat. 388, chapter 1093), and Acts 
supplemental to and amendatory of that Act (43 
U.S.C. 371 et seq.). 
‘‘(4) RECLAIM; RECLAMATION.—The terms ‘re-
claim’ and ‘reclamation’ include recycling and desali-
nation. 
‘‘(5) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Interior. 
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‘‘(6) TECHNICALLY AND FINANCIALLY VIABLE 
PROJECT.—The term ‘technically and financially via-
ble project’ means a project that— 
‘‘(A) is a technically viable project; and 
‘‘(B) has a financially capable project 
sponsor. 
‘‘(7) TECHNICALLY
VIABLE
PROJECT.—The 
term ‘technically viable project’ means a project 
that— 
‘‘(A) meets generally acceptable engineer-
ing, public health, and environmental stand-
ards; and 
‘‘(B) has obtained or is expected to obtain 
approval of all Federal, State, and local permits 
necessary for implementation of the project.’’. 
SEC. 3. GENERAL AUTHORITY. 
Section 1603(a) of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (as redesignated by 
section 2(2)), is amended— 
(1) by striking ‘‘The Secretary of the Interior’’ 
and all that follows through ‘‘is directed to’’ and in-
serting ‘‘The Secretary, acting pursuant to Federal 
reclamation laws, shall’’; 
(2) by striking ‘‘investigate and identify’’ and 
inserting ‘‘participate in’’; and 
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(3) by striking ‘‘to conduct research, including 
desalting’’ and inserting ‘‘conduct research, includ-
ing desalination’’. 
SEC. 4. REVIEW OF PROPOSALS SUBMITTED BY NON-FED-
ERAL PROJECT SPONSORS. 
The Reclamation Wastewater and Groundwater 
Study and Facilities Act (43 U.S.C. 390h et seq.) is 
amended by striking section 1604 and inserting the fol-
lowing: 
‘‘SEC. 1604. REVIEW OF PROPOSALS SUBMITTED BY NON- 
FEDERAL PROJECT SPONSORS. 
‘‘(a) AUTHORITY TO REVIEW.—The Secretary shall 
review any project proposal under this title that is— 
‘‘(1) developed by a non-Federal project spon-
sor— 
‘‘(A) independently; or 
‘‘(B) with the assistance of the Depart-
ment of the Interior or any other governmental 
or nongovernmental entity; and 
‘‘(2) submitted or resubmitted to the Secretary 
by a non-Federal project sponsor, including a project 
proposal that has been previously reviewed for feasi-
bility by the Secretary. 
‘‘(b) REQUIREMENTS.—In addition to complying with 
any requirements of other Federal laws, a project proposal 
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submitted by a non-Federal project sponsor under this 
section shall— 
‘‘(1) provide sufficient evidence, as determined 
by the Secretary, to demonstrate that the project— 
‘‘(A) is a technically viable project; and 
‘‘(B) has a financially capable project 
sponsor; and 
‘‘(2) provide information on each of the factors 
described in subsection (d)(1)(B)(ii). 
‘‘(c) DETERMINATION
OF FINANCIAL
AND TECH-
NICAL VIABILITY.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after the date on which a non-Federal project spon-
sor submits a project proposal (including any sup-
porting documentation) under subsection (a)(2), the 
Secretary shall provide to the non-Federal project 
sponsor written notice on whether the project pro-
posal includes sufficient information under para-
graph (2) for the Secretary to determine whether the 
proposed project is a technically and financially via-
ble project. 
‘‘(2) CHECKLIST.—A project proposal shall in-
clude sufficient information for a determination 
under paragraph (1) if the proposal includes— 
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‘‘(A) a map of the proposed project area 
and service area; 
‘‘(B) a project description or plan, includ-
ing engineering plans; 
‘‘(C) the initial cost estimates for the 
project; 
‘‘(D) a financial plan for the project; and 
‘‘(E) a report on the status of any Federal, 
State, and local permits that are necessary to 
implement the project. 
‘‘(3) DETERMINATION OF INSUFFICIENT INFOR-
MATION.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that there is insufficient information in 
the project proposal for the Secretary to deter-
mine whether the project is a technically and fi-
nancially viable project— 
‘‘(i) the Secretary shall provide to the 
non-Federal project sponsor written notice 
that identifies any information that the 
Secretary determines to be necessary to 
make the determination; and 
‘‘(ii) the non-Federal project entity 
may submit a revised project proposal to 
the Secretary. 
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‘‘(B) NOTIFICATION.—Not later than 21 
days after the date on which a non-Federal 
project sponsor submits a revised proposal to 
the Secretary under subparagraph (A)(ii), the 
Secretary shall provide to the non-Federal 
project sponsor written notice that describes 
whether sufficient information has been pro-
vided to make a determination on whether the 
project is a technically and financially viable 
project. 
‘‘(d) NOTICE TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date on which the Secretary determines 
that a project proposal includes sufficient informa-
tion to make a determination on whether the project 
is a technically and financially viable project, the 
Secretary shall submit to Congress a written notice 
of the findings of the Secretary that includes— 
‘‘(A) a statement and explanation of the 
determination on whether the project is a tech-
nically and financially viable project; and 
‘‘(B) a concise recommendation of the Sec-
retary on whether the project should be author-
ized for construction, that is based on, but is 
not required to describe— 
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‘‘(i) the results of the review of the 
project proposal under subsection (a); and 
‘‘(ii) the consideration of the following 
factors: 
‘‘(I) The cost per acre-foot of 
water to be produced by the project. 
‘‘(II) The quality and quantity of 
water to be produced by the project. 
‘‘(III) The cost-effectiveness of 
the project compared with other avail-
able alternatives, including whether 
other comparatively cost-effective al-
ternatives for meeting a significant 
water supply need for the project 
exist. 
‘‘(IV) Any environmental benefits 
or adverse effects of the project. 
‘‘(V) The extent to which the 
project would help serve an identified 
Federal interest. 
‘‘(VI) The extent to which the 
project would provide regional bene-
fits. 
‘‘(VII) Whether the project dem-
onstrates innovative or alternative 
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technologies or processes relating to 
water treatment or waste minimiza-
tion and management. 
‘‘(2) AVAILABILITY.—To ensure that the deter-
mination and recommendation submitted under 
paragraph (1) are made publicly available, the Sec-
retary shall— 
‘‘(A) transmit a copy of the written notice 
under paragraph (1) to— 
‘‘(i) the Committee on Energy and 
Natural Resources of the Senate; and 
‘‘(ii) the Committee on Resources of 
the House of Representatives; and 
‘‘(B) publish in the Federal Register notice 
of the availability of the written notice. 
‘‘(e) REVISIONS TO PROPOSAL.— 
‘‘(1) IN GENERAL.—If the Secretary determines 
under subsection (d)(1)(A) that a project is not a 
technically and financially viable project, the Sec-
retary shall not be required to conduct further anal-
ysis of the project until the non-Federal project 
sponsor— 
‘‘(A) conducts an additional investigation 
of the project; and 
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‘‘(B) resubmits a revised project proposal 
in accordance with this section. 
‘‘(2) COSTS.—The non-Federal project sponsor 
shall pay any costs associated with revising the 
project proposal under paragraph (1). 
‘‘(f) CONGRESSIONAL
DETERMINATION
AND
AU-
THORIZATION.— 
‘‘(1) CONGRESSIONAL
DETERMINATION.—Con-
gress may make the determination on whether to au-
thorize a project under this title if— 
‘‘(A) the Secretary submits the written no-
tice under subsection (d)(1); 
‘‘(B) by the date that is 60 days after the 
date on which a non-Federal project sponsor 
submits a project proposal under subsection 
(a)(2), the Secretary does not submit written 
notice to the non-Federal project sponsor under 
subsection (c)(1); or 
‘‘(C) by the date that is 180 days after the 
date on which the Secretary determines that a 
project proposal includes sufficient information 
to make a determination on whether the project 
is a technically and financially viable project, 
the Secretary does not submit the written no-
tice under subsection (d)(1). 
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‘‘(2) CONGRESSIONAL AUTHORIZATION.—Noth-
ing in this section precludes Congress from author-
izing a project under this title. 
‘‘(g) TRANSITION PROVISIONS.— 
‘‘(1) IN
GENERAL.—A non-Federal project 
sponsor that has submitted to the Secretary for re-
view a feasibility study for a project under this title 
before the date of enactment of the Reclaiming the 
Nation’s Water Act may— 
‘‘(A) submit a new project proposal for ap-
proval under subsection (a); or 
‘‘(B) notify the Secretary in writing that 
the non-Federal project sponsor elects to seek 
approval of the project using the previously sub-
mitted feasibility study. 
‘‘(2) SUPPLEMENTAL
INFORMATION.—If the 
non-Federal project sponsor makes the election 
under paragraph (1)(B), the non-Federal project 
sponsor may supplement the previously submitted 
feasibility study to provide additional information— 
‘‘(A) on whether the project is a technically 
and financially viable project; and 
‘‘(B) to address each of the factors de-
scribed in subsection (d)(1)(B)(ii). 
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‘‘(3) DETERMINATION OF TECHNICAL AND FI-
NANCIAL VIABILITY.—Not later than 90 days after 
the date on which the Secretary receives notice of an 
election under paragraph (1)(B), the Secretary shall 
determine whether the project is a technically and fi-
nancially viable project. 
‘‘(4) NOTICE
TO
CONGRESS.—Not later than 
180 days after the date on which the Secretary re-
ceives notice of an election under paragraph (1)(B), 
the Secretary shall submit to Congress written no-
tice on the determination and recommendation of 
the Secretary with respect to the proposal in accord-
ance with subsection (d).’’. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
Section 1631 of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (43 U.S.C. 390h– 
13) is amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘may not be appropriated’’ 
and inserting ‘‘may not be expended by the Sec-
retary’’; and 
(B) by striking subparagraphs (A) and (B) 
and inserting the following: 
‘‘(A) Congress has authorized the con-
struction of the project; 
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‘‘(B) the Secretary has determined that 
the project has a financially capable project 
sponsor; and’’; 
(2) in subsection (c), by striking ‘‘the non-Fed-
eral project sponsor’’ and all that follows through 
‘‘project’s costs’’ and inserting ‘‘the project has a fi-
nancially capable project sponsor’’; and 
(3) by adding at the end the following: 
‘‘(e) LIMITATION ON NEW PROJECTS.— 
‘‘(1) IN GENERAL.—The Federal share of the 
total costs of any project authorized under this title 
after the date of enactment of the Reclaiming the 
Nation’s Water Act shall be not more than 20 per-
cent. 
‘‘(2) OPERATION AND MAINTENANCE COSTS.— 
No Federal funds shall be used to pay the costs of 
operating and maintaining any project authorized 
under this title after the date of enactment of the 
Reclaiming the Nation’s Water Act. 
‘‘(f) DEAUTHORIZATION.—Any project authorized 
under this title that has not received Federal funding by 
the date that is the later of the date that is 10 years after 
the date of enactment of the Reclaiming the Nation’s 
Water Act or 10 years after the date on which construc-
tion of the project is authorized shall be deauthorized.’’. 
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SEC. 6. REUSE PLANNING ASSISTANCE PROGRAM. 
The Reclamation Wastewater and Groundwater 
Study and Facilities Act (43 U.S.C. 390h et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 1639. REUSE PLANNING ASSISTANCE PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary may cooperate 
with any non-Federal project sponsor in the preparation 
of any plan (including a project proposal) for the develop-
ment of reclaimed water for reuse applications or environ-
mental benefits that are in the public interest, as deter-
mined by the Secretary. 
‘‘(b) AGREEMENT.— 
‘‘(1) IN GENERAL.—At the request of a non- 
Federal project sponsor, the Secretary may enter 
into an agreement with the non-Federal project 
sponsor to provide for the preparation of a project 
proposal for review under section 1604(a). 
‘‘(2) REQUIREMENTS.—Any project proposal 
prepared under an agreement entered into under 
paragraph (1) shall comply with the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), including any regulations promulgated to carry 
out that Act. 
‘‘(3) CONSULTATION.—The Secretary shall con-
sult and cooperate with appropriate Federal, State, 
regional, and local entities during the development of 
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each project proposal prepared under an agreement 
entered into under paragraph (1). 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section not more than 
$4,400,000 for fiscal year 2007 and each fiscal year 
thereafter, of which— 
‘‘(A) not more than $500,000 shall be ex-
pended in any 1 fiscal year for a plan for any 
1 project; and 
‘‘(B) not more than a total of $1,000,000 
shall be made available to a non-Federal project 
sponsor to prepare a plan for any 1 project. 
‘‘(2) FEDERAL SHARE.—The Federal share of 
the total costs of any plan for a project prepared 
under an agreement entered into under subsection 
(b)(1) shall be not more than 50 percent.’’. 
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) TECHNICAL AMENDMENTS.—The Reclamation 
Wastewater and Groundwater Study and Facilities Act 
(43 U.S.C. 390h et seq.) is amended— 
(1) in section 1612(a) (43 U.S.C. 390h–10(a)), 
by striking ‘‘California or’’ and inserting ‘‘Cali-
fornia, or’’; and 
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(2) in section 1632(a) (43 U.S.C. 390h– 
14(a))— 
(A) by striking ‘‘Secretary of the Interior’’ 
and inserting ‘‘Secretary’’; and 
(B) in paragraph (2), by striking the 
comma and inserting a semicolon. 
(b) CONFORMING AMENDMENTS.—The table of sec-
tions in section 2 of the Reclamation Projects Authoriza-
tion and Adjustment Act of 1992 (43 U.S.C. prec. 371) 
is amended— 
(1) by striking the items relating to sections 
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.’’; 
and 
(2) by inserting after the item relating to sec-
tion 1638 the following: 
‘‘Sec. 1639. Reuse planning assistance program.’’. 
Æ 
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