[104th Congress Public Law 266]
[From the U.S. Government Printing Office]
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[DOCID: f:publ266.104]
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RECLAMATION RECYCLING AND WATER CONSERVATION ACT OF 1996
[[Page 110 STAT. 3290]]
Public Law 104-266
104th Congress
An Act
<<NOTE: Oct. 9, 1996 - [H.R. 3660]>> 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, <<NOTE: Reclamation
Recycling and Water Conservation Act of 1996.>>
<<NOTE: 43 USC 390h note.>> 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--
<<NOTE: 43 USC 390h-13, 390h-14, 390h-15.>> (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:
<<NOTE: 43 USC 390h-12a.>> ``SEC. 1615. 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 Olivenhain 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).
<<NOTE: 43 USC 390h-12b.>> ``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 Ventura 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.
[[Page 110 STAT. 3291]]
``(c) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of a project described in subsection (a).
<<NOTE: 43 USC 390h-12c.>> ``SEC. 1617. CENTRAL VALLEY 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 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
cost.
``(c) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of a project described in subsection (a).
<<NOTE: 43 USC 390h-12d.>> ``SEC. 1618. ST. GEORGE 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 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).
<<NOTE: 43 USC 390h-12e.>> ``SEC. 1619. WATSONVILLE AREA WATER RECYCLING
PROJECT.
``(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).
<<NOTE: 43 USC 390h-12f.>> ``SEC. 1620. SOUTHERN NEVADA 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 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).
[[Page 110 STAT. 3292]]
<<NOTE: 43 USC 390h-12g.>> ``SEC. 1621. ALBUQUERQUE METROPOLITAN AREA
WATER
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).
<<NOTE: 43 USC 390h-12h.>> ``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).
<<NOTE: 43 USC 390h-12i.>> ``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).
<<NOTE: 43 USC 390h-12j.>> ``SEC. 1624. PHASE 1 OF THE ORANGE COUNTY
REGIONAL WATER
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).
[[Page 110 STAT. 3293]]
<<NOTE: 43 USC 390h-12k.>> ``SEC. 1625. CITY OF WEST JORDAN WATER REUSE
PROJECT.
``(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).
<<NOTE: 43 USC 390h-12l.>> ``SEC. 1626. HI-DESERT WATER DISTRICT IN
YUCCA VALLEY,
CALIFORNIA WASTEWATER COLLECTION AND REUSE 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).
<<NOTE: 43 USC 390h-12m.>> ``SEC. 1627. MISSION BASIN BRACKISH
GROUNDWATER DESALTING DEMONSTRATION PROJECT.
``(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 Demonstration 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).
<<NOTE: 43 USC 390h-12n.>> ``SEC. 1628. TREATMENT OF EFFLUENT FROM THE
SANITATION
DISTRICTS OF LOS ANGELES COUNTY THROUGH THE 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 appropriate authorities,
is authorized to participate in the design, planning, 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.
[[Page 110 STAT. 3294]]
``(c) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of a project described in subsection (a).
<<NOTE: 43 USC 390h-12o.>> ``SEC. 1629. SAN JOAQUIN AREA WATER RECYCLING
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 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).
<<NOTE: 43 USC 390h-12p.>> ``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.--
<<NOTE: 43 USC 390h-13.>> (1) Section 1631 of such Act, as
redesignated by subsection (a)(1), is amended by striking out
``1614'' and inserting in lieu thereof ``1630''.
<<NOTE: 43 USC 390h-14.>> (2) Section 1632(c) of such Act,
as redesignated by subsection (a)(1), is amended by striking out
``section 1617'' and inserting in lieu thereof ``section 1633''.
<<NOTE: 43 USC 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. Watsonville 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. City of West Jordan Water Reuse Project.
``Sec. 1626. Hi-Desert Water District in Yucca Valley, California
Wastewater Collection and Reuse Facility.
[[Page 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-1(b)) is amended in the matter
preceding paragraph (1) by inserting ``by 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 paragraph (4), by striking ``and,'' at the end;
(4) in paragraph (5), by striking ``or'' at the end of
subparagraph (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
construction 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:
``(b)(1) The Secretary, in cooperation with the city of Long Beach,
the Central Basin Municipal Water District, and the Metropolitan Water
District of Southern California may participate in the design, planning,
and construction of the Long Beach Desalination 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) The Secretary shall not provide funds for the operation or
maintenance of the project described 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.
[[Page 110 STAT. 3296]]
``(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 striking
``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 by 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) shall not apply to those
projects authorized by this title for which funds were appropriated
prior to January 1, 1996.
``(c) <<NOTE: Notification.>> 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).
[[Page 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:
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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.
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