A bill to further the purposes of title XVI of the Reclamation Projects Authorization and Adjustment Act of 1992, the "Reclamation Wastewater and Groundwater Study and Facilities Act", by directing the Secretary of the Interior to undertake a demonstration program for water reclamation in the Tularosa Basin of New Mexico, and for other purposes.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Reported in Senate (RS)]

Calendar No. 701
108th CONGRESS
2d Session
S. 1211

[Report No. 108-347]

To further the purposes of title XVI of the Reclamation Projects
Authorization and Adjustment Act of 1992, the ``Reclamation Wastewater
and Groundwater Study and Facilities Act'', by directing the Secretary
of the Interior to undertake a demonstration program for water
reclamation in the Tularosa Basin of New Mexico, and for other
purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 9, 2003

Mr. Domenici (for himself and Mr. Bingaman) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources

September 20, 2004

Reported by Mr. Domenici, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

A BILL

To further the purposes of title XVI of the Reclamation Projects
Authorization and Adjustment Act of 1992, the ``Reclamation Wastewater
and Groundwater Study and Facilities Act'', by directing the Secretary
of the Interior to undertake a demonstration program for water
reclamation in the Tularosa Basin of New Mexico, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. TULAROSA BASIN FACILITY.</DELETED>

<DELETED>    (a) In furtherance of the purposes of title XVI of the
Reclamation Projects Authorization and Adjustment Act of 1992 (106
Stat. 4600, 4663; 43 U.S.C. 390h), the Secretary of the Interior
(``Secretary'') shall construct, manage, and maintain a test and
evaluation facility (`facility') at the Tularosa Basin, located in
Otero County in the State of New Mexico capable of processing at least
100,000 gallons of water per day.</DELETED>
<DELETED>    (b) Objectives of Facility.--The facility shall be used to
carry out research on, and to test, demonstrate, and evaluate new
desalination technologies to produce potable water from saline or other
unsuitable water, including analysis of effects on energy consumption,
byproduct disposal, and operations and maintenance costs to determine
the most technologically-efficient and cost-effective means to produce
potable water from saline or other unsuitable water using desalination
technologies.</DELETED>
<DELETED>    (c) Technology Plan Development.--The Secretary shall
contract with Sandia National Laboratory (``Sandia'') to develop a
desalination technology plan (`plan') within one year from the date
when funds are made available for the purposes of this Act. The plan
shall--</DELETED>
<DELETED>    (1) be developed in consultation with the
Secretary and the Secretary of Energy;</DELETED>
<DELETED>    (2) consider the experience of similar facilities
and research programs operated by the Federal government and by
other research institutions; and</DELETED>
<DELETED>    (3) include recommendations for the siting and
configuration of the facility and the research and development
program to be undertaken at the facility.</DELETED>
<DELETED>    (d) Review of Plan.--The Secretary shall review the plan
and may modify or change any recommendation after consultation with the
Secretary of Energy.</DELETED>
<DELETED>    (e) Construction of Facility.--Within three years from the
date of completion of the plan, the Secretary shall construct the
facility in accordance with the recommendations contained in the plan,
including any modifications or changes. The Secretary may contract with
other Federal agencies, State agencies, educational institutions, and
private entities for construction of the facility.</DELETED>
<DELETED>    (f) Memorandum of Agreement for Operation.--The Secretary
and the Secretary of Energy shall enter into a Memorandum of Agreement
for the operation of the facility and the conduct of research under
this Act. Research may be conducted at the facility and may also be
carried out at any laboratory facility determined to be suitable by
Sandia. The Secretary and the Secretary of Energy shall establish a
technical advisory panel drawn from Federal or State agencies, academic
institutions, and private or public entities to provide program
guidance and technical assistance in the operation or the facility and
conduct of research.</DELETED>
<DELETED>    (g) Provision of Water.--The Secretary shall dispose of
all water produced by the facility under contract with one more
communities located in Otero County, New Mexico where the water would
be supplementary to water provided by public water systems or wells in
the communities and only after Sandia notifies the Secretary that the
water is of a consistent, reliable quality. The water shall be provided
at no cost to the local community except for the costs of conveyance
and delivery.</DELETED>

<DELETED>SEC. 2. RESEARCH AND DEVELOPMENT PROGRAM.</DELETED>

<DELETED>    The Secretary and the Secretary of Energy may undertake
research and development of desalination technologies in addition to
the program carried out at the facility directly or by contract,
interagency agreement, cooperative agreement, or grant. Any agreement
or grant may be made only on the basis of a competitive, merit-reviewed
process. The Secretary and the Secretary of Energy may carry out the
program at a location outside the United States after consultation with
and approval by the Secretary of State.</DELETED>

<DELETED>SEC. 3. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Appropriations may be made to the Secretary and to the
Secretary of Energy. There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this Act, but not to
exceed--</DELETED>
<DELETED>    (1) $1,500,000 for development of the plan under
section 1(c);</DELETED>
<DELETED>    (2) $30,00,000 (January 2003 price levels), plus
or minus such amounts, if any, as may be required by reason of
ordinary fluctuations in construction costs as indicated by
engineering cost indexes applicable to the types of
construction involved for the construction of the
facility;</DELETED>
<DELETED>    (3) $6,000,000 for each of fiscal years 2004
through 2010 for transfer to Sandia to carry out research
programs associated with the facility; and</DELETED>
<DELETED>    (4) $10,000,000 for each of fiscal years 2004
through 2010 for research and development activities under
section 2 of which not more than $1,500,000 in any fiscal year
may be for research undertaken directly by the Secretary and
not more than $1,000,000 in any fiscal year may be for grants
to institutions of higher education (including United States-
Mexico binational research foundations and interuniversity
research programs established by the 2 countries).</DELETED>

SECTION 1. TULAROSA BASIN FACILITY.

(a) In General.--The Secretary of the Interior (referred to in this
Act as the ``Secretary'') shall construct, manage, and maintain a test
and evaluation facility (referred to in this Act as the ``facility'')
at the Tularosa Basin, located in Otero County in the State of New
Mexico capable of processing at least 100,000 gallons of water per day.
(b) Objectives of Facility.--The facility shall be used to carry
out research on, and to test, demonstrate, and evaluate new
desalination technologies to produce potable water from saline or other
unsuitable water, including analysis of effects on energy consumption,
byproduct disposal, and operations and maintenance costs to determine
the most technologically-efficient and cost-effective means to produce
potable water from saline or other unsuitable water using desalination
technologies.
(c) Technology Plan Development.--The Secretary shall contract with
Sandia National Laboratory (referred to in this Act as ``Sandia'') to
develop a desalination technology plan (referred to in this Act as the
``plan'') not later than 1 year after the date on which funds are made
available for the purposes of this Act. The plan shall--
(1) be developed in consultation with the Secretary and the
Secretary of Energy;
(2) consider the experience of similar facilities and
research programs operated by the Federal government and by
other research institutions; and
(3) include recommendations for the siting and
configuration of the facility and the research and development
program to be undertaken at the facility.
(d) Review of Plan.--The Secretary shall review the plan and may
modify or change any recommendation after consultation with the
Secretary of Energy.
(e) Construction of Facility.--Not later than 3 years after the
date of completion of the plan, the Secretary shall construct the
facility in accordance with the recommendations contained in the plan,
including any modifications or changes. The Secretary may contract with
other Federal agencies, State agencies, educational institutions, and
private entities for construction of the facility.
(f) Memorandum of Agreement for Operation.--The Secretary and the
Secretary of Energy shall enter into a Memorandum of Agreement for the
operation of the facility and the conduct of research under this Act.
Research may be conducted at the facility and may also be carried out
at any laboratory facility determined to be suitable by Sandia. The
Secretary and the Secretary of Energy shall establish a technical
advisory panel drawn from Federal or State agencies, academic
institutions, and private or public entities to provide program
guidance and technical assistance in the operation of the facility and
conduct of research.
(g) Provision of Water.--
(1) In general.--The Secretary shall dispose of all water
produced by the facility under contract with 1 or more
communities located in Otero County, New Mexico where the water
would be supplementary to water provided by public water
systems or wells in the communities and only after Sandia
notifies the Secretary that the water is of a consistent,
reliable quality.
(2) Cost.--Any water provided by the Secretary to a
community under paragraph (1) shall be provided at a cost not
to exceed the fair market value of the water.
(3) Use of revenue.--The Secretary may use the amounts
collected under paragraph (2) to assist in paying the
operational costs of the facility.

SEC. 2. RESEARCH AND DEVELOPMENT PROGRAM.

The Secretary and the Secretary of Energy may undertake research
and development of desalination technologies in addition to the program
carried out at the facility directly or by contract, interagency
agreement, cooperative agreement, or grant. Any agreement or grant may
be made only on the basis of a competitive, merit-reviewed process. The
Secretary and the Secretary of Energy may carry out the program at a
location outside the United States after consultation with and approval
by the Secretary of State.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

Appropriations may be made to the Secretary and to the Secretary of
Energy. There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act, but not to exceed--
(1) $1,500,000 for development of the plan under section
1(c);
(2) $3,000,000 (January 2003 price levels), plus or minus
such amounts, if any, as may be required by reason of ordinary
fluctuations in construction costs as indicated by engineering
cost indexes applicable to the types of construction involved
for the construction of the facility;
(3) $6,000,000 for each of fiscal years 2005 through 2010
for transfer to Sandia to carry out research programs
associated with the facility; and
(4) $10,000,000 for each of fiscal years 2005 through 2010
for research and development activities under section 2 of
which not more than $1,500,000 in any fiscal year may be for
research undertaken directly by the Secretary and not more than
$1,000,000 in any fiscal year may be for grants to institutions
of higher education (including United States-Mexico binational
research foundations and interuniversity research programs
established by the 2 countries).
Amend the title so as to read: ``A bill to direct the
Secretary of the Interior to undertake a demonstration program
for water reclamation in the Tularosa Basin of New Mexico, and
for other purposes.''.

Calendar No. 701

108th CONGRESS

2d Session

S. 1211

[Report No. 108-347]

_______________________________________________________________________

A BILL

To further the purposes of title XVI of the Reclamation Projects
Authorization and Adjustment Act of 1992, the ``Reclamation Wastewater
and Groundwater Study and Facilities Act'', by directing the Secretary
of the Interior to undertake a demonstration program for water
reclamation in the Tularosa Basin of New Mexico, and for other
purposes.

_______________________________________________________________________

September 20, 2004

Reported with an amendment and an amendment to the title