Reclamation Recycling and Water Conservation Act of 1996
PL 104-266 (H.R.3660), enacted 10/09/1996

110 STAT. 3290 
PUBLIC LAW 104-266—OCT. 9, 1996 
Public Law 104-266 
104th Congress 
Oct. 9, 1996 
[H.R. 3660] 
Reclamation 
Recycling and 
Water 
Conservation Act 
of 1996. 
43 u s e 390h 
note. 
43 u s e 390h-13, 
390h-14, 
390h-15. 
43 use 
390h-12a. 
43 use 
390h-12b. 
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. 1616. 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 OUvenhain 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 Ven-
tura 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. 
PUBLIC LAW 104-266—OCT. 9, 1996 
110 STAT. 3291 
"(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. 
43 USC 
"(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 
coat. 
"(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. 
43 USC 
"(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. 
43 USC 
"(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. 
43 USC 
390h—12f 
"(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). 
110 STAT. 3292 
PUBLIC LAW 104-266—OCT. 9, 1996 
43 u s e 
"SEC. 
1621. 
ALBUQUERQUE 
METROPOLITAN 
AREA 
WATER 
390h-12g. 
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). 
43 u s e 
"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). 
43 u s e 
"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). 
43 u s e 
"SEC. 1624. PHASE 1 OF THE ORANGE COUNTY REGIONAL WATER 
390h-12j. 
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). 
PUBLIC LAW 104-266—OCT. 9, 1996 
110 STAT. 3293 
"SEC. 1625. CITY OF WEST JORDAN WATER REUSE PROJECT. 
43 USC 
"(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, 43 USC 
CALIFORNIA WASTEWATER COLLECTION AND REUSE 390h-12/. 
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 43 USC 
DEMONSTRATION PROJECT. 
390h-12m. 
"(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 Demonstra-
tion 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 43 USC 
DISTRICTS OF LOS ANGELES COUNTY THROUGH THE 390h-12n. 
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 appro-
priate authorities, is authorized to participate in the design, plan-
ning, 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. 
110 STAT. 3294 
PUBLIC LAW 104-266—OCT. 9, 1996 
"(c) LIMITATION.—The Secretary shall not provide funds for 
the operation or maintenance of a project described in subsection 
(a). 
43 use 
"SEC. 1629. SAN JOAQUIN AREA WATER RECYCLE^G AND REUSE 
390h-12o. 
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). 
43 use 
"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.— 
43 use 390h-l3. 
(1) Section 1631 of such Act, as redesignated by subsection 
(a)(1), is amended by striking out "1614" and inserting in lieu 
thereof "1630". 
43 use 390h-14. 
(2) Section 1632(c) of such Act, as redesignated by sub-
section (a)(1), is amended by striking out "section 1617" and 
inserting in lieu thereof "section 1633". 
43 use 390h-15. 
(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. Watsonvflle 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. CityofWest Jordan Water ReuseTroiect. 
"Sec. 1626. Hi-Desert Water District in Yucca Valley, California Wastewater Collec-
tion and Reuse Facility. 
PUBLIC LAW 104-266—OCT. 9, 1996 
110 STAT. 3295 
"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-l(b)) is amended in the 
matter preceding paragraph (1) by inserting *l>y 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 psuragraph (4), by striking "and," at the end; 
(4) in paragraph (5), by striking "or" at the end of subpara-
graph (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 construc-
tion 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: 
"(bXl) TTie Secretary, in cooperation with the city of Long 
Beach, the Central Basin Municipal Water District, and the Metro-
politan Water District of Southern California may participate in 
the design, planning, and construction of tlie Long Beach Desalina-
tion 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) Tne Secretary shall not provide funds for the operation 
or maintenance of the project descrioed 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. 
110 STAT. 3296 
PUBLIC LAW 104-266—OCT. 9, 1996 
"(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 strik-
ing "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 bv 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 non-
Federal project sponsor to funding its proportionate share of 
the project's construction costs on an annual basis. 
"(2) The requirements of paragraph (1) shsdl not apply to those 
projects authorized by this title for which funds were appropriated 
prior to January 1, 1996. 
Notification. 
"(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 non-
Federal 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). 
PUBLIC LAW 104-266—OCT. 9, 1996 
110 STAT. 3297 
"(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.". 
Approved October 9, 1996. 
LEGISLATIVE HISTORY—H.R. 3660: 
HOUSE REPORTS: No. 104-703 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 4, considered and passed House. 
Sept. 28, considered and passed Senate.