Sec. 4009. OTHER WATER SUPPLY PROJECTS

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## SEC. 4009 OTHER WATER SUPPLY PROJECTS ###

(a)Water Desalination Act Amendments Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is amended— ####

(1)in subsection (a)— #####

(A)by redesignating paragraphs

(2)and

(3)as paragraphs

(3)and (4), respectively; and #####

(B)by inserting after paragraph

(1)the following: > > #### “(1) Projects > > > ##### “(A) In general > > Subject to the requirements of this subsection, the Secretary of the Interior 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. > > > ##### “(B) Eligible desalination project > > The term ‘**eligible desalination project**’ means any project in a Reclamation State, that— > > > ###### “(i) > > involves an ocean or brackish water desalination facility either constructed, operated and maintained; or sponsored by any State, department of a State, subdivision of a State or public agency organized pursuant to a State law; and > > > ###### “(ii) > > provides a Federal benefit in accordance with the reclamation laws (including regulations). > > > ##### “(C) State role > > Participation by the Secretary of the Interior in an eligible desalination project under this subsection shall not occur unless— > > > ###### “(i) > > the project is included in a state-approved plan or federal participation has been requested by the Governor of the State in which the eligible desalination project is located; and > > > ###### “(ii) > > the State or local sponsor determines, and the Secretary of the Interior concurs, that— > > > ###### “(I) > > the eligible desalination project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws; > > > ###### “(II) > > sufficient non-Federal funding is available to complete the eligible desalination project; and > > > ###### “(III) > > the eligible desalination project sponsors are financially solvent; and > > > ###### “(iii) > > the Secretary of the Interior submits to Congress a written notification of these determinations within 30 days of making such determinations. > > > ##### “(D) Environmental laws > > When participating in an eligible desalination project under this subsection, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). > > > ##### “(E) Information > > When participating in an eligible desalination project under this subsection, the Secretary of the Interior— > > > ###### “(i) > > 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 > > > ###### “(ii) > > shall retain responsibility for making the independent determinations described in subparagraph (C). > > > ##### “(F) Authorization of Appropriations > > > ###### “(i) > > $30,000,000 of funding is authorized to remain available until expended; and > > > ###### “(ii) > > Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to this subsection and transmits such recommendations to the appropriate committees of Congress.” > . ###

(c)Authorization of New Water Recycling and Reuse Projects Section 1602 of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102-575; 43 U.S.C. 390h et. seq.) is amended by adding at the end the following new subsections: > > ### “(e) Authorization of New Water Recycling and Reuse Projects > > > #### “(1) Submission to the secretary > > > ##### “(A) In general > > Non-Federal interests may submit proposals for projects eligible to be authorized pursuant to this section in the form of completed feasibility studies to the Secretary. > > > ##### “(B) Eligible projects > > A project shall be considered eligible for consideration under this section if the project reclaims and reuses— > > > ###### “(i) > > municipal, industrial, domestic, or agricultural wastewater; or > > > ###### “(ii) > > impaired ground or surface waters. > > > ##### “(C) Guidelines > > Within 60 days of the enactment of this Act the Secretary shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies. > > > #### “(2) Review by the secretary > > The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of— > > > ##### “(A) > > determining whether the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and > > > ##### “(B) > > the project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws. > > > #### “(3) Submission to congress > > Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— > > > ##### “(A) > > the results of the Secretary’s review of the study under paragraph (2), including a determination of whether the project is feasible; > > > ##### “(B) > > any recommendations the Secretary may have concerning the plan or design of the project; and > > > ##### “(C) > > any conditions the Secretary may require for construction of the project. > > > #### “(4) Eligibility for funding > > The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Federal share of the costs of planning, designing and constructing the project pursuant to subsection (f). > > > ### “(f) Competitive Grant Program for the Funding of Water Recycling and Reuse Projects > > > #### “(1) Establishment > > The Secretary shall establish a competitive grant program under which the non-Federal project sponsor of any project determined by the Secretary to be feasible under subsection (e)(3)(A) shall be eligible to apply for funding for the planning, design, and construction of the project, subject to subsection (g)(2). > > > #### “(2) Priority > > When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph

(3)and are located in an area that— > > > ##### “(A) > > has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought at any time in the 4-year period before such funds are made available; or > > > ##### “(B) > > was designated as a disaster area by a State during the 4-year period before such funds are made available. > > > #### “(3) Criteria > > The project criteria referred to in paragraph

(2)are the following: > > > ##### “(A) > > Projects that are likely to provide a more reliable water supply for States and local governments. > > > ##### “(B) > > Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies. > > > ##### “(C) > > Projects that are regional in nature. > > > ##### “(D) > > Projects with multiple stakeholders. > > > ##### “(E) > > Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements. > > > ### “(g) Authorization of Appropriations > > > #### “(1) > > There is authorized to be appropriated to the Secretary of the Interior an additional $50,000,000 to remain available until expended. > > > #### “(2) > > Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to subsection

(f)and transmits such recommendations to the appropriate committees of Congress.” > . ###

(d)Funding **[**[42 U.S.C. 10364 note](/us/usc/t42/s10364)**]** Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended in subsection

(e)by striking “$350,000,000” and inserting “$450,000,000”.

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