Volume 72 · 1706

Public Law 85–883

Providing for the construction of demonstration plants for the production, from saline or brackish waters, of water suitable for agricultural, industrial, municipal, and other beneficial consumptive uses.

Approved September 2, 1958

Statutory text

JOINT RESOLUTION

Whereas official Government reports show unmistakably that the United States population is multiplying at a rate which by 1980 will triple the demand for supplies of fresh water, which if not available will adversely affect the national defense by jeopardizing the economic welfare and general well-being of vast segments of the population of the United States, as well as the population of some of our Territorial possessions; and

Whereas many cities, towns, and rural areas are already confronted by shortages of potable water that imperil health; and

Whereas the expanding population, industry, and agriculture of the United States are becoming increasingly dependent upon an assured augmented supply of fresh water while the future welfare and national defense of the United States rest upon increased sources of fresh water; and

Whereas research by governmental agencies, educational institutions, and private industry has brought about the evolution, on a limited scale, of methods of desalting sea water and the treatment of brackish water which give promise of ultimate economical results; and

Whereas the United States Government has the responsibility, along with safeguarding the national defense, and protecting the health, welfare, and economic stability of the country, to transform these experiments into production tests on a scale not possible of achievement otherwise; and

Whereas the Congress recognized its responsibility in this field by the

42 USC 1951 et seq.

enactment in 1952 of the Saline Water Act (66 Stat. 328), reaffirmed its position by the amendments to such Act in 1955 (69 Stat. 198); and the legislative history of such Acts reveals that the Congress recognized even then that the time had arrived for tackling the problem more realistically and effectively, but unfortunately the program was limited to such an extent that concrete results are not possible of attainment under the provisions of existing legislation; and

Whereas the Congress now finds it is in the national interest to demonstrate, with the least possible delay, in actual production tests the several optimum aspects of the construction, operation, and maintenance of sea water conversion and brackish water treatment plants: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled

Saline water research.

Demonstration plants.

66 Stat. 328.

That

the Secretary of the Interior shall, pursuant to the provisions of the Act of July 3, 1952, as amended (42 U. S. C. 1951–1958), and in accordance with this joint resolution, provide for the construction, operation, and maintenance of not less than five demonstration plants for the production, from sea water or brackish water, of water suitable for agricultural, industrial, municipal, and other beneficial consumptive uses. Such plants shall be designed to demonstrate the reliability, engineering, operating, and economic potentials of the sea or brackish water conversion processes which the Secretary shall select from among the most promising of the presently known processes, and each plant shall demonstrate a different process. A decision with respect to the process to be utilized in the first of these five plants shall be made by the Secretary within six months after the date of approval of this joint resolution and decisions with respect to the processes to be utilized in the other plants shall follow at intervals of not more than three months.

Report to Congress.

Each such decision shall be reported promptly to the Congress and the construction of the plants shall proceed as rapidly as is possible.

The construction of the demonstration plants referred to above shall be subject to the following conditions:

Not less than three plants shall be designed for the conversion of sea water, and each of two plants so designed shall have a capacity of not less than one million gallons per day;

Not less than two plants shall be designed for the treatment of brackish water, and at least one of the plants so designed shall have a capacity of not less than two hundred and fifty thousand gallons per day; and

Such plants shall be located in the following geographical areas with a view to demonstrating optimum utility from the standpoint of reliable operation, maintenance, and economic potential—

At least one plant which is designed for the conversion of sea water shall be located on the west coast of the United States, at least one such plant shall be located on the east coast thereof, and at least one such plant shall be located on the gulf coast thereof; and

at least one plant which is designed for the treatment of brackish water shall be. located in the area generally described as the Northern Great Plains and at least one such plant shall be located in the arid areas of the Southwest.

As used in this joint resolution, the term “demonstration plant” means a plant of sufficient size and capacity to establish on a day-to-day operating basis the optimum attainable reliability, engineering, operating, and economic potential of the particular sea water conversion process or the brackish water treatment process selected by the Secretary of the Interior for utilization in such plant.

Sec. 2.

The Secretary of the Interior shall enter into a contract

Contracts.

or contracts for the construction of the demonstration plants referred to in the preceding section, and the Secretary shall enter into a separate contract or contracts for the operation and maintenance of such plants. Any such operation and maintenance contract shall provide for the compilation by the contractor of complete records with respect to the operation, maintenance, and engineering of the plant or plants specified in the contract. The records so compiled shall be made available to the public by the Secretary at periodic and reasonable intervals with a view to demonstrating the most feasible existing processes for desalting sea water and treating brackish water. Access by the public to the demonstration plants herein provided for shall be assured during all phases of construction and operation subject to such reasonable restrictions as to time and place as the Secretary of the Interior may require or approve.

Sec. 3.

The Secretary is authorized to accept financial and other

Public assistance.

assistance from any State or public agency in connection with studies, surveys, location, construction, operation, or other work relating to saline or brackish water conversion problems and facilities for such conversion, and to enter into contracts with respect to such assistance, which contracts shall detail the purposes for which the assistance is contributed. Any funds so contributed shall be available for expenditure by the Secretary in like manner as if they had been specifically appropriated for purposes for which they are contributed, and any funds not expended for these purposes shall be returned to the State or public agency from which they were received.

Sec. 4.

The authority of the Secretary of the Interior under this

Termination of authority.

joint resolution to construct, operate, and maintain demonstration plants shall terminate upon the expiration of seven years after the date on which this joint resolution is approved. Upon the expiration of such seven-year period the Secretary shall proceed as promptly as practicable to dispose of any plants so constructed by sale to the highest bidder, or as may otherwise be directed by Act of Congress. Upon such sale, there shall be returned to any State or public agency which has contributed financial assistance under section 3 of this Act a proper share of the net proceeds of the sale.

Sec. 5.

The powers conferred on the Secretary of the Interior by

Administration.

this joint resolution shall be in addition to and not in derogation of the authority conferred on the Secretary by the Act of July 3, 1952, as amended (42 U. S. C. 1951–1958). The provisions of such Act, except as otherwise provided in this joint resolution, shall be applicable in the administration of this joint resolution.

Sec. 6.

When appropriations have been made for the construction

Contracts.

or operation and maintenance of any demonstration plant under this joint resolution, the Secretary may, in connection with such construction or operation and maintenance, enter into contracts for construction, for materials and supplies, and for miscellaneous services, which contracts may cover such periods of time as he shall consider necessary but under which the liability of the United States shall be contingent upon appropriations being available therefor. Unobligated appropriations heretofore made to carry out the Act of July 3, 1952 (66 Stat. 328), as amended (42 U. S. C. 1951 and following) shall be available for administrative and technical services, including travel expenses and the procurement of the services of experts, consultants, and organizations thereof in accordance with section 15 of the Act of August 2, 1946 (60 Stat. 806), as amended (5 U. S. C. 55a), in connection with carrying out the provisions of this joint resolution.

Sec. 7.

There are hereby authorized to be appropriated such sums,

Appropriation.

not in excess of $10,000,000, as may be necessary to provide for the construction of the demonstration plants referred to in this joint resolution, together with such additional sums as may be necessary for the operation and maintenance of such plants, and the administration of the program authorized by this resolution.

Approved September 2, 1958.