Reclaiming the Nation's Water Act - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to remove requirements providing for appraisal investigations and feasibility studies.
Establishes as purposes of the Act to: (1) assist in the development of permanent local and regional water reclamation and reuse projects in Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming (reclamation states); and (2) further improvements in water reclamation and reuse technologies through research and demonstration activities in those states.
Directs the Secretary of the Interior to participate in opportunities for water reclamation and reuse, including water recycling and desalination activities, in reclamation states.
Directs the Secretary to evaluate project proposals developed and submitted by nonfederal project sponsors. Requires the proposals to provide: (1) sufficient evidence to demonstrate that the project is technically viable and has a financially capable sponsor; and (2) information on each of specified factors (including water costs, quality and quantity, the cost-effectiveness of the project, and the extent to which the project would help serve an identified federal interest). Requires submission to Congress, within 180 days after the Secretary's determination that a proposal includes information sufficient to determine technical and financial viability, of a notice of findings that includes an explanation of viability and a concise recommendation on authorization for construction.
Requires projects to be authorized for construction by Congress before funds may be expended by the Secretary for that purpose. Limits the federal share of costs of projects authorized after enactment of this Act to no more than 20%. Prohibits use of federal funds for operation and maintenance. Provides a procedure for deauthorization of projects that have not received federal funding.
Authorizes the Secretary to cooperate with nonfederal project sponsors in the preparation of any plan for the development of reclaimed water for reuse applications or environmental benefits that are in the public interest. Authorizes appropriations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5768 Introduced in House (IH)]
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 reclamation 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 procedures for the review of
water reclamation and reuse projects.
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 ``Reclaiming the Nation's Water Act''.
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 following:
``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 reclamation 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:
``(1) Financially capable project sponsor.--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 conservancy 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 `reclaim' and
`reclamation' include recycling and desalination.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) Technically and financially viable project.--The term
`technically and financially viable 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 engineering,
public health, and environmental standards; 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 inserting ``The
Secretary, acting pursuant to Federal reclamation laws,
shall'';
(2) by striking ``investigate and identify'' and inserting
``participate in''; and
(3) by striking ``to conduct research, including
desalting'' and inserting ``conduct research, including
desalination''.
SEC. 4. REVIEW OF PROPOSALS SUBMITTED BY NON-FEDERAL 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 following:
``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 sponsor--
``(A) independently; or
``(B) with the assistance of the Department 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 feasibility by the Secretary.
``(b) Requirements.--In addition to complying with any requirements
of other Federal laws, a project proposal 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 Technical Viability.--
``(1) In general.--Not later than 30 days after the date on
which a non-Federal project sponsor submits a project proposal
(including any supporting documentation) under subsection
(a)(2), the Secretary shall provide to the non-Federal project
sponsor written notice on whether the project proposal includes
sufficient information under paragraph (2) for the Secretary to
determine whether the proposed project is a technically and
financially viable project.
``(2) Checklist.--A project proposal shall include
sufficient information for a determination under paragraph (1)
if the proposal includes--
``(A) a map of the proposed project area and
service area;
``(B) a project description or plan, including
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 information.--
``(A) In general.--If the Secretary determines that
there is insufficient information in the project
proposal for the Secretary to determine whether the
project is a technically and financially 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.
``(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 provided 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 information 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 technically
and financially viable project; and
``(B) a concise recommendation of the Secretary on
whether the project should be authorized for
construction, that is based on, but is not required to
describe--
``(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
available alternatives, including
whether other comparatively cost-
effective alternatives 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
benefits.
``(VII) Whether the project
demonstrates innovative or alternative
technologies or processes relating to
water treatment or waste minimization
and management.
``(2) Availability.--To ensure that the determination and
recommendation submitted under paragraph (1) are made publicly
available, the Secretary 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 Secretary shall not be required
to conduct further analysis of the project until the non-
Federal project sponsor--
``(A) conducts an additional investigation of the
project; and
``(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 Authorization.--
``(1) Congressional determination.--Congress may make the
determination on whether to authorize a project under this
title if--
``(A) the Secretary submits the written notice
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 notice under subsection (d)(1).
``(2) Congressional authorization.--Nothing in this section
precludes Congress from authorizing a project under this title.
``(g) Transition Provisions.--
``(1) In general.--A non-Federal project sponsor that has
submitted to the Secretary for review 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 approval
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 submitted 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 described in
subsection (d)(1)(B)(ii).
``(3) Determination of technical and financial 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 financially viable project.
``(4) Notice to congress.--Not later than 180 days after
the date on which the Secretary receives notice of an election
under paragraph (1)(B), the Secretary shall submit to Congress
written notice on the determination and recommendation of the
Secretary with respect to the proposal in accordance 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 Secretary''; and
(B) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) Congress has authorized the construction of
the project;
``(B) the Secretary has determined that the project
has a financially capable project sponsor; and'';
(2) in subsection (c), by striking ``the non-Federal
project sponsor'' and all that follows through ``project's
costs'' and inserting ``the project has a financially 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 percent.
``(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 construction
of the project is authorized shall be deauthorized.''.
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 development of reclaimed water for reuse applications
or environmental benefits that are in the public interest, as
determined 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 Environmental 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 consult and
cooperate with appropriate Federal, State, regional, and local
entities during the development of 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 expended 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 ``California, or''; and
(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 sections in section 2 of
the Reclamation Projects Authorization 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 section 1638
the following:
``Sec. 1639. Reuse planning assistance program.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Water and Power.
Executive Comment Requested from Interior.
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