Water Desalination Act of 1996
PL 104-298 (S.811), enacted 10/11/1996

110 STAT. 3622 
PUBLIC LAW 104-298—OCT. 11, 1996 
Public Law 104-298 
104th Congress 
An Act 
Oct. 11, 1996 
[S. 811] 
Water 
Desalination Act 
of 1996. 
42 u s e 10301 
note. 
42 u s e 10301 
note. 
42 u s e 10301 
note. 
To authorize the Secretaiy 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 Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Water Desahnation Act of 1996". 
SEC. 2. DEFINITIONS. 
As used in this Act: 
(1) DESALINATION OR DESALTING.—^The terms "desahnation" 
or "desalting" mean the use of any process or technique for 
the removal and, when feasible, adaptation to beneficial use, 
of organic and inorganic elements and compounds from saline 
or biologically impaired waters, by itself or in conjunction with 
other processes. 
(2) SALINE WATER.—The term "saline water" means sea 
water, brackish water, and other mineralized 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 posses-
sions of the United States. 
(4) USABLE WATER.—^The term "usable water" means water 
of a high quality suitable for environmental enhancement, agri-
cultural, industrial, municipal, and other beneficial consump-
tive or nonconsumptive uses. 
(5) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
SEC. 3 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 contami-
nated, the Secretary is authorized 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 into water suitable 
for beneficial uses. Awards of research ^ants and contracts under 
this section shall be made on the basis of a competitive, merit-
reviewed process. Research and study topics authorized by this 
section include— 
(1) investigating desalination processes; 
PUBLIC LAW 104-298—OCT. 11, 1996 
110 STAT. 3623 
(2) ascertaining the optimum mix of investment and operat-
ing costs; 
(3) determining the best designs for different conditions 
of operation; 
(4) investigating methods of increasing the economic effi-
ciency of desalination processes through dual-purpose co-facili-
ties with other processes involving 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; 
(6) studying methods for the recovery of byproducts result-
ing from desalination to offset the costs of treatment and to 
reduce environmental impacts from those byproducts; and 
(7) salinity modeling and toxicity analysis of brine dis-
charges, cost reduction strategies for constructing and operating 
desalination 
facilities, 
andf the horticultural 
effects of 
desalinated water used for irrigation. 
(b) PROJECT RECOMMENDATIONS AND REPORTS TO THE CON-
GRESS.—^As soon as practicable and within three years after the 
date of enactment of this Act, the Secretary shall recommend to 
Congress desalination demonstration projects or full-scale desalina-
tion 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. Recommendations 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) ALTERNATIVE TECHNOLOGIES.—In carrying out the purposes 
of this Act, the Secretary shall ensure that at least three separate 
technologies are evaluated and demonstrated for the purposes of 
accomplishing desalination. 
SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT. 
42 USC 10301 
(a) IN GENERAL.—In order to further demonstrate the feasibility 
of desalination processes investigated either independently or in 
research conducted pursuant to section 3, the Secretary shall admin-
ister and conduct a demonstration and development program for 
water desalination and related activities, including the following: 
(1) DESALINATION PLANTS AND MODULES.—Conduct or con-
tract for technical work, including the design, construction, 
and testing of plants and modules to develop desalination proc-
esses and concepts. 
(2) BYPRODUCTS.—Studv methods for the marketing 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 prospective costs of producing 
water for beneficial purposes in various locations by desalina-
tion processes compared to other methods. 
110 STAT. 3624 
PUBLIC LAW 104-298—OCT. 11, 1996 
42 use 10301 
note. 
42 use 10301 
note. 
42 use 10301 
note. 
Regulations. 
42 use 10301 
note. 
(b) 
COOPERATIVE 
AGREEMENTS.—Federal 
participation 
in 
desalination activities may be conducted through cooperative agree-
ments, including cost-sharing agreements, with non-Federal public 
utilities and State and local governmental agencies and other enti-
ties, in order to develop recommendations for Federal participation 
in processes and plants utilizing desalting technologies for the 
production of water. 
SEC. 6. AVAILABILITY OF INFORMATION. 
All information from studies sponsored or funded under author-
ity of this Act shall be considered public information. 
SEC. 6. TECHNICAL AND ADMINISTRATIVE ASSISTANCE. 
The Secretary may— 
(1) accept technical and administrative assistance from 
States and public or private agencies in connection with studies, 
surveys, location, construction, operation, and other work relat-
ing 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. 7. COST SHARING. 
The Federal share of the cost of a research, study, or demonstra-
tion project or a desalination development project or activity carried 
out imder this Act shall not exceed 50 percent of the total cost 
of the project or research or study activity. A Federal contribution 
in excess of 25 percent for a project carried out under this Act 
may not be made unless the Secretary determines that the project 
is not feasible without such increased Federal contribution. The 
Secretary shall prescribe appropriate procedures to implement the 
provisions of this section. Costs of operation, maintenance, repair, 
and rehabilitation of facilities funded under the authority of this 
Act shall be non-Federal responsibilities. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) SECTION 3.—There are authorized to be appropriated to 
carry out section 3 of this Act $5,000,000 per year for fiscal years 
1997 through 2002. Of these amounts, up to $1,000,000 in each 
fiscal year may be awarded to institutions of higher education, 
including United States-Mexico binational research foundations and 
interuniversity research programs established by the two countries, 
for research grants without any cost-sharing requirement. 
(b) SECTION 4.—There are authorized to be appropriated to 
carry out section 4 of this Act $25,000,000 for fiscal years 1997 
through 2002. 
PUBLIC LAW 104-298—OCT. 11, 1996 
110 STAT. 3625 
SEC. 9. CONSULTATION. 
42 USC 10301 
In carrying out the provisions of this Act, the Secretary shall 
consult with the heads of other Federal agencies, including the 
Secretary of the Army, which have experience in conducting 
desalination research or operating desalination facilities. The 
authorization provided for in this Act shall not prohibit other agen-
cies from carrying out separately authorized programs for desalina-
tion research or operations. 
Approved October 11, 1996. 
LEGISLATIVE HISTORY—S. 811: 
HOUSE REPORTS: No. 104-790, Pt. 1 (Comm. on Resources). 
SENATE REPORTS: No. 104-254 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
May 3, considered and passed Senate. 
Sept. 24, considered and passed House, amended. 
Sept. 27, Senate concurred in House amendments.