Water Desalination Act of 1996
The full text of U.S. Public Law 104-298, Water Desalination Act of 1996, signed by President Clinton on 11 October 1996:
     The Act authorizes the Secretary of the U.S.Department of the 

    Interior to award grants and contracts for desalination 

    research, development and demonstration projects.

    
    This Act represents a major victory for the desalination

    industry in the U.S.Congress. 
                            ********
WATER DESALINATION ACT OF 1996
Public Law 104-298 104th Congress
                                 An Act
To authorize the Secretary of the Interior to conduct studies 

regarding the desalination of water and water reuse, and for 

other purposes. 
    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 ``Water Desalination Act of 1996''.
SEC. 2. DEFINITIONS.
    As used in this Act:
            (1) Desalination or desalting.--The terms ``desalination''

        or ``desalting'' mean the use of any process or technique for

        the removal and, when feasible, adaptation to beneficial use, of

        organic and inorganic elements and compounds from saline or

        biologically impaired waters, by itself or in conjunction with

        other processes.
            (2) Saline water.--The term ``saline water'' means sea

        water, brackish water, and other mineralized or chemically

        impaired water.
            (3) United states.--The term ``United States'' means the

        States of the United States, the District of Columbia, the

        Commonwealth of Puerto Rico, and the territories and possessions

        of the United States.
            (4) Usable water.--The term ``usable water'' means water of

        a high quality suitable for environmental enhancement,

        agricultural, industrial, municipal, and other beneficial

        consumptive or nonconsumptive uses.
            (5) Secretary.--The term ``Secretary'' means the Secretary

        of the Interior.
SEC. 3.AUTHORIZATION OF RESEARCH AND STUDIES.
    (a) In General.--In order to determine the most cost-effective and

technologically efficient means by which usable water can be produced

from saline water or water otherwise impaired or contaminated, the

Secretary is authorized to award grants and to enter into contracts, to

the extent provided in advance in appropriation Acts, to conduct,

encourage, and assist in the financing of research to develop processes

for converting saline water into water suitable for beneficial uses.

Awards of research grants and contracts under this section shall be made

on the basis of a competitive, merit-reviewed process. Research and

study topics authorized by this section include--
            (1) investigating desalination processes;

            (2) ascertaining the optimum mix of investment and 

        operating costs;

            (3) determining the best designs for different conditions of

        operation;

            (4) investigating methods of increasing the economic

        efficiency of desalination processes through dual-purpose co-

        facilities with other processes involving the use of water;

            (5) conducting or contracting for technical work, including

        the design, construction, and testing of pilot systems and test

        beds, to develop desalting processes and concepts;

            (6) studying methods for the recovery of byproducts

        resulting from desalination to offset the costs of treatment and

        to reduce environmental impacts from those byproducts; and

            (7) salinity modeling and toxicity analysis of brine

        discharges, cost reduction strategies for constructing and

        operating desalination facilities, and the horticultural effects

        of desalinated water used for irrigation.
    (b) Project Recommendations and Reports to the Congress.--As soon as

practicable and within three years after the date of enactment of this

Act, the Secretary shall recommend to Congress desalination

demonstration projects or full-scale desalination projects to carry out

the purposes of this Act and to further evaluate and implement the

results of research and studies conducted under the authority of this

section. Recommendations for projects shall be accompanied by reports on

the engineering and economic feasibility of proposed projects and their

environmental impacts.
    (c) Authority To Engage Others.--In carrying out research and

studies authorized in this section, the Secretary may engage the

necessary personnel, industrial or engineering firms, Federal

laboratories, water resources research and technology institutes, other

facilities, and educational institutions suitable to conduct

investigations and studies authorized under this section.
    (d) Alternative Technologies.--In carrying out the purposes of this

Act, the Secretary shall ensure that at least three separate

technologies are evaluated and demonstrated for the purposes of

accomplishing desalination.
SEC. 4.  DESALINATION DEMONSTRATION AND DEVELOPMENT.
    (a) In General.--In order to further demonstrate the feasibility of

desalination processes investigated either independently or in research

conducted pursuant to section 3, the Secretary shall administer and

conduct a demonstration and development program for water desalination

and related activities, including the following:
            (1) Desalination plants and modules.--Conduct or contract

        for technical work, including the design, construction, and

        testing of plants and modules to develop desalination processes

        and concepts.

            (2) Byproducts.--Study methods for the marketing of

        byproducts resulting from the desalting of water to offset the

        costs of treatment and to reduce environmental impacts of those

        byproducts.

            (3) Economic surveys.--Conduct economic studies and surveys

        to determine present and prospective costs of producing water

        for beneficial purposes in various locations by desalination

        processes compared to other methods.
    (b) Cooperative Agreements.--Federal participation in desalination

activities may be conducted through cooperative agreements, including

cost-sharing agreements, with non-Federal public utilities and State and

local governmental agencies and other entities, in order to develop

recommendations for Federal participation in processes and plants

utilizing desalting technologies for the production of water.
SEC. 5.  AVAILABILITY OF INFORMATION.
    All information from studies sponsored or funded under authority of

this Act shall be considered public information.
SEC. 6. TECHNICAL AND ADMINISTRATIVE ASSISTANCE.
    The Secretary may--
            (1) accept technical and administrative assistance from

        States and public or private agencies in connection with

        studies, surveys, location, construction, operation, and other

        work relating to the desalting of water, and
            (2) enter into contracts or agreements stating the purposes

        for which the assistance is contributed and providing for the

        sharing of costs between the Secretary and any such agency.
SEC. 7. COST SHARING.
    The Federal share of the cost of a research, study, or demonstration

project or a desalination development project or activity carried out

under this Act shall not exceed 50 percent of the total cost of the

project or research or study activity. A Federal contribution in excess

of 25 percent for a project carried out under this Act may not be made

unless the Secretary determines that the project is not feasible without

such increased Federal contribution. <<NOTE: Regulations.>>  The

Secretary shall prescribe appropriate procedures to implement the

provisions of this section. Costs of operation, maintenance, repair, and

rehabilitation of facilities funded under the authority of this Act

shall be non-Federal responsibilities.
SEC. 8.  AUTHORIZATION OF APPROPRIATIONS.
    (a) Section 3.--There are authorized to be appropriated to carry out

section 3 of this Act $5,000,000 per year for fiscal years 1997 through

2002. Of these amounts, up to $1,000,000 in each fiscal year may be

awarded to institutions of higher education, including United States-

Mexico binational research foundations and interuniversity research

programs established by the two countries, for research grants without

any cost-sharing requirement.
    (b) Section 4.--There are authorized to be appropriated to carry out

section 4 of this Act $25,000,000 for fiscal years 1997 through 2002.

 
SEC. 9. CONSULTATION.
    In carrying out the provisions of this Act, the Secretary shall

consult with the heads of other Federal agencies, including the

Secretary of the Army, which have experience in conducting desalination

research or operating desalination facilities. The authorization

provided for in this Act shall not prohibit other agencies from carrying

out separately authorized programs for desalination research or

operations.
    Approved October 11, 1996.
LEGISLATIVE HISTORY--S. 811:
HOUSE REPORTS: No. 104-790, Pt. 1 (Comm. on Resources).

SENATE REPORTS: No. 104-254 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD, Vol. 142 (1996):

            May 3, considered and passed Senate.

            Sept. 24, considered and passed House, amended.

            Sept. 27, Senate concurred in House amendments.
                                  <all>
    

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A Nabil Page: Information on Desalination

Nabil El-Ramly, Ph.D.
1777 Ala Moana Blvd. #825
Honolulu, Hi 96815
Phone: (808) 955-9555
Fax: (808) 955-0269
email: nabil@hawaii.edu

Last Updated July 25, 1997

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