12 2 STA T .846PUBLIC LA W 11 0– 22 9—M A Y 8 , 2008 (1)GRANTS.—Subject t o t h e av a il abilit y o f a p p r opriatio ns, the Secretary shall provi d e financial assistance for the develop -m ent of facilities, technolo g ies, and processes to demonstrate the feasibility, effectiveness, and safety of— ( A ) optimi z ing energy resource production by reducing the q uantity of produced w ater generated
or ( B ) increasing the e x tent to which produced water may be recovered and made suitable for use for irrigation, municipal, or industrial uses, or other purposes without adversely affecting water quality or the environment. ( 2 ) LIM ITATI O NS.—Assistance under this subsection— (A) shall be provided for— (i) at least 1 project in each of the U pper Basin States; and (ii) at least 1 project in at least 1 of the Lower Basin States; (B) shall not exceed $ 1, 0 00,000 for any project; ( C ) shall be used to pay not more than 5 0 percent of the total cost of a project; ( D ) shall not be used for the operation or maintenance of any facility; and ( E ) may be in addition to assistance provided by the F ederal Government pursuant to other provisions of law. (f) CONS UL TATION, A DV I CE , AND COMMENTS.— I n carrying out this section, including in preparing the report under subsection (d)(2) and establishing criteria to be used in connection with an award of financial assistance under subsection (e), the Secretary shall— (1) consult with the Secretary of Energy, the Administrator of the Environmental P rotection Agency, and appropriate Gov- ernors and local officials; (2)(A) review any relevant information developed in connec- tion with research carried out by others, including research carried out pursuant to subtitle J of title I X of the Energy Policy Act of 2005 ( 4 2 U.S.C. 1 637 1 et seq.); and (B) to the extent the Secretary determines to be advisable, include that information in the report under subsection (d)(2); (3) see k the advice of— (A) individuals with relevant professional or academic expertise; and (B) individuals or representatives of entities with industrial experience, particularly experience relating to production of oil, natural gas, coalbed methane, or other energy resources (including geothermal resources); and (4) solicit comments and suggestions from the public. (g) R ELATION TO O T H ER LA W S.— N othing in this section super- sedes, modifies, abrogates, or limits— (1) the effect of any State law or any interstate authority or compact relating to— (A) any use of water; or (B) the regulation of water quantity or quality; or (2) the applicability or effect of any Federal law (including regulations). (h) AUTHORI Z ATION O F A P PROPRIATIONS.— T here are authorized to be appropriated— (1) $1,000,000 to carry out subsection (d); and (2) $7,500,000 to carry out subsection (e).
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