Sec. 5. Desalination
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/bill/116/s/1932/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) is amended by striking the second paragraph
(1)(relating to projects) and inserting the following: In this paragraph, the term eligible desalination project means any project located in a Reclamation State, or for which the construction, operation, sponsorship, or funding is the responsibility of, and the primary water supply benefit accrues to, 1 or more entities in a Reclamation State, that— involves an ocean or brackish water desalination facility— constructed, operated, and maintained by a State, Indian Tribe, irrigation district, water district, or other organization with water or power delivery authority; or sponsored or funded by any State, department of a State, political subdivision of a State, or public agency organized pursuant to State law, including through— direct sponsorship or funding; or indirect sponsorship or funding, such as by paying for the water provided by the facility; and provides a Federal benefit in accordance with the reclamation laws. Subject to the requirements of this paragraph, the Secretary may participate in an eligible desalination project in an amount equal to not more than 25 percent of the total cost of the eligible desalination project. Participation by the Secretary in an eligible desalination project under this paragraph shall not occur unless— the eligible desalination project is included in a State-approved plan; or the participation has been requested by the Governor of the State in which the eligible desalination project is located; and the State or local sponsor of the eligible desalination project determines, and the Secretary concurs, that— the eligible desalination project— is technically and financially feasible; and provides a Federal benefit in accordance with the reclamation laws; and the non-Federal project sponsor is financially capable of funding the non-Federal share of the project costs; and the Secretary submits to Congress a written notification of the determinations under clause
(ii)by not later than 30 days after the date of the determinations. In participating in an eligible desalination project under this paragraph, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). In participating in an eligible desalination project under this subsection, the Secretary— may rely on reports prepared by the sponsor of the eligible desalination project, including feasibility or equivalent studies, environmental analyses, and other pertinent reports and analyses; but shall retain responsibility for making the independent determinations described in subparagraph (C). There is authorized to be appropriated to carry out this paragraph $60,000,000 for the period of fiscal years 2020 through 2024. The Commissioner of Reclamation shall release a funding opportunity announcement for a grant program under this paragraph by not later than 75 days after the date of enactment of an Act that provides funding for the program. Each initial award under this paragraph for design and study, or for construction, of an eligible desalination project shall be approved in an appropriations Act. The Commissioner of Reclamation shall submit recommendations regarding the initial award of design and study funding and construction funding for consideration under subclause
(I)to— the Committee on Appropriations of the Senate; the Committee on Energy and Natural Resources of the Senate; the Committee on Appropriations of the House of Representatives; and the Committee on Natural Resources of the House of Representatives. After approval by Congress of an initial award of design and study funding or construction funding for an eligible desalination project under clause (iii), the Commissioner of Reclamation may award additional design and study funding or construction funding, respectively, for the eligible desalination project without further congressional approval. .
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- Pub. L. 104-298
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