II
Calendar No. 713
103D CONGRESS
2D SESSION
H. R. 4944
IN THE SENATE OF THE UNITED STATES
OCTOBER 4 (legislative day, SEPTEMBER 12), 1994
Received; read twice and ordered placed on the calendar
AN ACT
To authorize the Secretary of the Interior to conduct studies
regarding the desalination of water and water reuse,
and for other purposes.
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 ‘‘Water Desalination
Act of 1994’’.
SEC. 2. DECLARATION OF POLICY.
In view of the increasing shortage of usable surface
and ground water in the United States and the world and
the importance of finding new sources of supply to meet
present and future water needs and to further the goals
of the Colorado River Basin Salinity Control Act of 1974,
the Water Resources Research Act of 1984, Public Law
95–84 (as amended), and Public Law 102–575, it is the
policy of the United States to conduct and sponsor re-
search to develop low-cost alternatives for the desalination
and reuse of water or biologically impaired water and to
provide for the development of practicable low-cost means
of producing water of a quality suitable for environmental
enhancement, agricultural, industrial, municipal, and
other beneficial consumptive or nonconsumptive uses from
saline or biologically impaired waters on a scale sufficient
to determine the feasibility of the development of such
water production and distribution on a large scale for the
purpose of conserving and increasing water resources.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) DESALINATION OR DESALTING.—The terms
‘‘desalination’’ or ‘‘desalting’’ mean the use of any
process or technique for the removal and, when fea-
sible, adaptation to beneficial use, of organic and in-
organic elements and compounds from saline or bio-
logically impaired waters, by itself or in conjunction
with other processes.
(2) SALINE WATER.—The term ‘‘saline water’’
means sea water, brackish water, and other mineral-
ized or chemically impaired water.
(3) 
UNITED
STATES.—The 
term 
‘‘United
States’’ means the States of the United States, the
District of Columbia, the Commonwealth of Puerto
Rico, and the territories and possessions of the
United States.
(4) USABLE WATER.—The term ‘‘usable water’’
means water of a high quality suitable for environ-
mental enhancement, agricultural, industrial, munic-
ipal, 
and 
other 
beneficial 
consumptive 
or
nonconsumptive uses.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 4. AUTHORIZATION OF RESEARCH AND STUDIES.
(a) IN GENERAL.—In order to determine the most
cost-effective and technologically efficient means by which
usable water can be produced from saline water or water
otherwise impaired or contaminated, the Secretary is au-
thorized to award grants and to enter into contracts, to
the extent provided in advance in appropriation Acts, to
conduct, encourage, and assist in the financing of research
to develop processes for converting saline water or water
otherwise impaired or contaminated into water suitable for
beneficial uses. Awards of research grants and contracts
under this section shall be made on the basis of a competi-
tive, merit-reviewed process. Research and study topics
authorized by this section include—
(1) investigating desalination processes;
(2) ascertaining the optimum mix of investment
and operating costs;
(3) determining the best designs for different
conditions of operation;
(4) investigating methods of increasing the eco-
nomic efficiency of desalination processes through
dual-purpose co-facilities with other processes involv-
ing the use of water;
(5) conducting or contracting for technical
work, including the design, construction, and testing
of pilot systems and test beds, to develop desalting
processes and concepts; and
(6) studying methods for the recovery of by-
products resulting from the desalination of water to
offset the costs of treatment and to reduce environ-
mental impacts from those byproducts.
(b) PROJECT RECOMMENDATIONS AND REPORTS TO
THE CONGRESS.—As soon as practicable and within three
years after the date of enactment of this Act, the Sec-
retary shall recommend to Congress desalination dem-
onstration projects or full-scale desalination projects to
carry out the purposes of this Act and to further evaluate
and implement the results of research and studies con-
ducted under the authority of this section. Recommenda-
tions for projects shall be accompanied by reports on the
engineering and economic feasibility of proposed projects
and their environmental impacts.
(c) AUTHORITY TO ENGAGE OTHERS.—In carrying
out research and studies authorized in this section, the
Secretary may engage the necessary personnel, industrial
or engineering firms, Federal laboratories, water resources
research and technology institutes, other facilities, and
educational institutions suitable to conduct investigations
and studies authorized under this section.
(d) 
DESALINATION
CONFERENCE.—Within 
months following the date of enactment of this Act, the
Secretary, in coordination with the United States Agency
for International Development, will plan and host a desali-
nation conference, to include officials and desalination ex-
perts from academia, private industry, financial institu-
tions, and government in the United States and other na-
tions that use or conduct research on desalination. The
conference shall explore promising technologies and meth-
ods for near-term development of affordable desalination
and shall propose a research agenda and a plan of action
to guide longer-term desalination development activities.
SEC. 5. DESALINATION DEMONSTRATION AND DEVELOP-
MENT.
(a) IN GENERAL.—In order to further demonstrate
the feasibility of desalination processes investigated either
independently or in research conducted pursuant to sec-
tion 4, the Secretary shall administer and conduct a dem-
onstration and development program for water desalina-
tion and related activities, including the following:
(1) DESALINATION PLANTS AND MODULES.—
Conduct or contract for technical work, including the
design, construction, and testing of plants and mod-
ules to develop desalination processes and concepts.
(2) BYPRODUCTS.—Study methods for the mar-
keting of byproducts resulting from the desalting of
water to offset the costs of treatment and to reduce
environmental impacts of those byproducts.
(3) ECONOMIC
SURVEYS.—Conduct economic
studies and surveys to determine present and pro-
spective costs of producing water for beneficial pur-
poses in various locations by desalination processes
compared to other methods.
(b) COOPERATIVE AGREEMENTS.—Federal participa-
tion in desalination activities may be conducted through
cooperative agreements, including cost-sharing agree-
ments, with non-Federal public utilities and State and
local governmental agencies and other entities, in order
to develop recommendations for Federal participation in
processes and plants utilizing desalting technologies for
the production of water.
SEC. 6. PARTICIPATION BY AGENCIES AND INTERESTED
PERSONS.
(a) COORDINATION WITH OTHER AGENCIES.—Ac-
tivities undertaken by the Secretary pursuant to this Act
may be coordinated or conducted jointly, as appropriate,
with the National Science Foundation, Department of De-
fense, United States Army Corps of Engineers, National
Aeronautics and Space Administration, and Environ-
mental Protection Agency, and other Federal agencies,
States, local government agencies, water resources re-
search and technology institutes, and private entities.
(b) AVAILABILITY OF INFORMATION.—All informa-
tion from studies sponsored or funded under authority of
this Act shall be considered public information.
SEC. 7. TECHNICAL AND ADMINISTRATIVE ASSISTANCE.
The Secretary may—
(1) accept technical and administrative assist-
ance from States and public or private agencies in
connection with studies, surveys, location, construc-
tion, operation, and other work relating to the
desalting of water, and
(2) enter into contracts or agreements stating
the purposes for which the assistance is contributed
and providing for the sharing of costs between the
Secretary and any such agency.
SEC. 8. COST SHARING.
The Federal share of the cost of a research, study,
or demonstration project or a desalination development
project or activity carried out under this Act shall not ex-
ceed 50 percent of the total cost of the project or research
or study activity. The Secretary shall prescribe appro-
priate procedures to implement the provisions of this sec-
tion. Costs of operation, maintenance, repair, and rehabili-
tation of facilities funded under the authority of this Act
shall be non-Federal responsibilities.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) SECTION 4.—There are authorized to be appro-
priated to carry out section 4 of this Act $5,000,000 for
fiscal year 1995 and $10,000,000 per year for fiscal years
1996 through 1999. Of these amounts, up to $1,000,000
in each fiscal year may be awarded to institutions of high-
er education for research grants without any cost-sharing
requirement.
(b) SECTION 5.—There are authorized to be appro-
priated to carry out section 5 of this Act $50,000,000 for
fiscal years 1996 through 1999.
SEC. 10. DROUGHT RELIEF FOR MADERA–CHOWCHILLA
POWER 
AUTHORITY 
HYDROELECTRIC
PROJECTS.
Section 103 of the Reclamation States Emergency
Drought Relief Act of 1991 (106 Stat. 55; 43 U.S.C.
2213) is amended—
(1) by inserting in the first sentence after ‘‘re-
sulting from drought conditions.’’ the following:
‘‘The Secretary is further authorized to make a loan
to the Madera-Chowchilla Power Authority to assist
in the repayment of financial obligations associated
with hydroelectric facilities that have been adversely
affected by drought conditions.’’; and
(2) by striking ‘‘loan.’’ at the end of the second
proviso and inserting ‘‘loan, except that loans spe-
cifically for the Madera-Chowchilla Power Authority
associated with hydroelectric facilities impacted by
drought shall be under such terms and conditions as
the Secretary deems appropriate.’’.
SEC. 11. AMENDMENT TO THE RECLAMATION PROJECTS
AUTHORIZATION AND ADJUSTMENT ACT OF
1992.
Title XVI of the Reclamation Projects Authorization
and Adjustment Act of 1992 (43 U.S.C. 390h et seq.) is
amended by adding the following section:
‘‘SEC. 1618. ORANGE COUNTY REGIONAL WATER RECLAMA-
TION PROJECT.
‘‘(a) The Secretary is authorized to participate with
the Orange County Water District in the State of Califor-
nia, and other appropriate authorities, in the planning, de-
sign and construction of water reclamation projects to
treat up to 100,000 acre feet per year of wastewater efflu-
ent from the county of Orange, in order to provide new
water supplies for ground water replenishment, industrial
applications and other beneficial purposes, to reduce the
demand for imported water, and to reduce sewage effluent
discharged into the ocean near Huntington Beach.
‘‘(b) The Secretary’s share of costs associated with
the project described in section (a) shall not exceed 25
percent of the total. The Secretary shall not provide funds
for operation or maintenance of the project.
‘‘(c) There are authorized to be appropriated not
more than $250,000 for the design of projects under this
section.’’.
Passed the House of Representatives October 3,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.