Statements on Introduced Bills and Joint Resolutions

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - July 12, 2006)

By Ms. MURKOWSKI (for herself and Mrs. FEINSTEIN):

S. 3639. A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to provide standards and procedures for the review of water reclamation and reuse projects; to the Committee on Energy and Natural Resources.

Ms. MURKOWSKI. Mr. President, today I join my colleague, from the Committee on Energy and Natural Resources, Senator DIANNE FEINSTEIN of California, in introducing the Reclaiming the Nation's Water Act--ReNew.

We introduce this bill after months of review of the Nation's program, now over a decade old, that attempts to encourage the reclamation and use of water. The Bureau's title XVI program originated in 1992 in response to the Southwestern drought of the late 1980s and early 1990s. At that time, Congress authorized the program in an attempt to alleviate pressure on the Colorado River system by augmenting existing supplies and developing new water sources.

Since then, Congress has authorized some 31 projects and appropriated about $325 million for the program. During a February 28, 2006, hearing of the Senate Water and Power Subcommittee, the Congressional Research Service reported that only three of these projects have received full Federal funding and that 9 are listed as ``inactive,'' meaning they have received little or no Federal moneys.

This massive backlog, which the Bureau of Reclamation has estimated will take at least 15 years to resolve, has not stopped local communities from seeking additional aid under the program. There are bills pending in Congress that would authorize an additional 19 projects--projects that will likely overwhelm the Bureau of Reclamation's budget, if they were all to be funded fully under the existing program.

In an effort to clarify the Federal role in developing new sources of water and in an effort to help local Government receive a dependable and timely supply of Federal assistance for truly worthy water reuse projects, we introduce this legislation to clarify and make permanent title XVI water reuse/reclamation/recycling grant assistance.

Briefly, the bill:

Amends the Reclamation and Wastewater and Groundwater Study and Facilities Act to provide standards and
procedures for the review of water reclamation and reuse projects. Under existing law, the title XVI program has operated without defined terms or specific purpose. This has led to confusion in recent years whether the title XVI program is primarily a demonstration program or was intended to finance permanent reclamation and reuse facilities. This legislation clarifies that the purpose of the title XVI program will be: (1) to assist in the development of permanent local and regional water reclamation and reuse projects; and (2) to further improve water reclamation and reuse technologies through research and demonstration activities.

The legislation also authorizes the Secretary of Interior to participate in opportunities for water reclamation and reuse, including water recycling and desalination activities in reclamation States. The legislation provides new authority for the Secretary of the Interior to review non-Federal water reclamation and reuse project proposals, pursuant to new standards and procedures for such review. New standards would include providing sufficient evidence to the Secretary of Interior that the project: (1) is technically viable and (2) has a financially capable project sponsor. The Secretary would have 180 days to submit to Congress: (1) a statement and explanation of the project's technical and financial viability, and (2) a recommendation on whether the project should be authorized for construction based on several specific factors. Factors to be considered would range from items related to project costs and benefits, to whether the project would help serve an identified Federal interest. The bill also includes transition procedures.

The bill as currently proposed also: (1) Strikes existing provisions providing for appraisal investigations and replaces them in part with a new planning and assistance program--$4.4 million authorized annually--for non-Federal project sponsors electing to seek help in developing project proposals.

(2) Strikes existing provisions providing for feasibility investigations and replaces them with a new technical and financial review process for evaluating non-Federal sponsor project proposals. Deadlines are included for the technical and financial viability reviews, and a process is established for reporting and making recommendations to Congress on project proposals for funding.

(3) Clarifies that projects must be authorized for construction by the Congress before funds may be expended by the Secretary of the Interior for project construction.

(4) Limits the Federal cost-share for projects to the lesser of 20 percent or $20 million of total project costs--the current limit is 25 percent or $20 million--excluding operations and maintenance costs.

(5) And makes numerous technical and conforming amendments.

Mr. President, I look forward to working with my colleagues, Members of the House, and the administration to perfect and move this bill through the process this year. I believe this bill will provide valuable assistance to local areas to increase the available supplies of potable water through the economic reuse and reclamation of water supplies, while providing an affordable and orderly process that will prove fairer to local communities and help them to receive federal assistance in a timely manner.

I ask unanimous consent that a copy of the legislation be printed in the RECORD.

There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:

S. 3639

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