US (United States) Code. Title 42. Chapter 109: Water resources research

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 109 - WATER RESOURCES RESEARCH 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

CHAPTER 109 - WATER RESOURCES RESEARCH

-MISC1-

Sec.

10301. Congressional findings and declarations.

10302. Congressional declaration of purpose.

10303. Water resources research and technology institutes.

(a) Establishment; designation of site by State

legislature or Governor.

(b) Scope of research; other activities;

cooperation and coordination.

(c) Grants; matching funds.

(d) Submission and approval of water research

program; requisite assurances.

(e) Evaluation of water resources research program.

(f) Authorization of appropriations in general.

(g) Additional appropriations where research

focused on water problems of interstate

nature.

(h) Coordination.

10304. Research concerning water resource-related problems

deemed to be in national interest.

(a) Grants; matching funds.

(b) Applications for grants.

(c) Authorization of appropriations.

10305. Development of water-related technology.

(a) Grants; matching funds.

(b) Applications for grants.

(c) Authorization of appropriations.

10306. Administrative costs.

10307. Types of research and development.

10308. Patent policy.

10309. New spending authority; amounts provided in advance.

-End-

-CITE-

42 USC Sec. 10301 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

Sec. 10301. Congressional findings and declarations

-STATUTE-

The Congress finds and declares that -

(1) the existence of an adequate supply of water of good

quality for the production of materials and energy for the

Nation's needs and for the efficient use of the Nation's energy

and water resources is essential to national economic stability

and growth, and to the well-being of the people;

(2) the management of water resources is closely related to

maintaining environmental quality, productivity of natural

resources and agricultural systems, and social well-being;

(3) there is an increasing threat of impairment to the quantity

and quality of surface and groundwater resources;

(4) the Nation's capabilities for technological assessment and

planning and for policy formulation for water resources must be

strengthened at the Federal, State, and local governmental

levels;

(5) there should be a continuing national investment in water

and related research and technology commensurate with growing

national needs;

(6) it is necessary to provide for the research and development

of technology for the conversion of saline and other impaired

waters to a quality suitable for municipal, industrial,

agricultural, recreational, and other beneficial uses;

(7) the Nation must provide programs to strengthen research and

associated graduate education because the pool of scientists,

engineers, and technicians trained in fields related to water

resources constitutes an invaluable natural resource which should

be increased, fully utilized, and regularly replenished; and (!1)

(8) long-term planning and policy development are essential to

ensure the availability of an abundant supply of high quality

water for domestic and other uses; and

(9) the States must have the research and problem-solving

capacity necessary to effectively manage their water resources.

-SOURCE-

(Pub. L. 98-242, title I, Sec. 102, Mar. 22, 1984, 98 Stat. 97;

Pub. L. 104-147, Sec. 1, May 24, 1996, 110 Stat. 1375.)

-MISC1-

AMENDMENTS

1996 - Par. (2). Pub. L. 104-147, Sec. 1(1), inserted ",

productivity of natural resources and agricultural systems," after

"environmental quality".

Pars. (8), (9). Pub. L. 104-147, Sec. 1(2)-(4), added pars. (8)

and (9).

SHORT TITLE

Section 101 of Pub. L. 98-242 provided that: "This Act [enacting

this chapter, repealing sections 7801, 7802, 7811 to 7819, 7831 to

7835, 7851 to 7853, and 7871 to 7883 of this title, and enacting

provisions set out as a note under section 7801 of this title] may

be cited as the 'Water Resources Research Act of 1984'."

SAVINGS PROVISION

Rules and regulations issued prior to Mar. 22, 1984, under Pub.

L. 95-467 [chapter 87 of this title] to remain in full force and

effect under this chapter until superseded by new rules and

regulations promulgated under this chapter, see section 110(b) of

Pub. L. 98-242, set out as a note under section 7801 of this title.

DESALINATION RESEARCH, STUDIES, AND DEMONSTRATION PROJECTS

Pub. L. 104-298, Oct. 11, 1996, 110 Stat. 3622, provided that:

"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 [Oct. 11, 1996], 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. 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."

OGALLALA AQUIFER

Pub. L. 99-662, title XI, Sec. 1121, Nov. 17, 1986, 100 Stat.

4239, provided that:

"(a) The Congress finds that -

"(1) the Ogallala aquifer lies beneath, and provides needed

water supplies to, the 8 States of the High Plains Region:

Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,

Texas, and Wyoming;

"(2) the High Plains region has become an important source of

agricultural commodities and livestock for domestic and

international markets, providing 15 percent of the Nation's

supply of wheat, corn, feed grains, sorghum, and cotton, plus 38

percent of the value of livestock raised in the United States;

and

"(3) annual precipitation in the High Plains region ranges from

15 to 22 inches, providing inadequate supplies of surface water

and recharging of the Ogallala aquifer needed to sustain the

agricultural productivity and economic vitality of the High

Plains region.

"(b) It is, therefore, the purpose of this section to establish a

comprehensive research and development program to assist those

portions of the High Plains region dependent on water from the

Ogallala aquifer to -

"(1) plan for the development of an adequate supply of water in

the region;

"(2) develop and provide information and technical assistance

concerning water-conservation management practices to

agricultural producers in the region;

"(3) examine alternatives for the development of an adequate

supply of water for the region; and

"(4) develop water-conservation management practices which are

efficient for agricultural producers in the region.

"(c) The Water Resources Research Act [of 1984] (Public Law

98-242) [see Short Title note above] is amended by adding at the

end thereof the following new title:

"TITLE III - OGALLALA AQUIFER RESEARCH AND DEVELOPMENT

"Sec. 301. (a) There is hereby established the High Plains Study

Council composed of -

"(1) the Governor of each State of the High Plains region

(defined for the purposes of this title as the States of

Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,

Texas, and Wyoming and referred to hereinafter in this title as

the 'High Plains region'), or a designee of the Governor;

"(2) a representative of the Department of Agriculture; and

"(3) a representative of the Secretary.

"(b) The Council established pursuant to this section shall -

"(1) review research work being performed by each State

committee established under section 302 of this Act; and

"(2) coordinate such research efforts to avoid duplication of

research and to assist in the development of research plans

within each State of the High Plains region that will benefit the

research needs of the entire region.

"Sec. 302. (a) The Secretary shall establish within each State of

the High Plains region an Ogallala aquifer technical advisory

committee (hereinafter in this title referred to as the 'State

committee'). Each State committee shall be composed of no more than

seven members, including -

"(1) a representative of the United States Department of

Agriculture;

"(2) a representative of the Secretary; and

"(3) at the appointment of the Governor of the State, five

representatives from agencies of that State having jurisdiction

over water resources, the agricultural community, the State Water

Research Institute (as designated under this Act [see Short Title

note above]), and others with a special interest or expertise in

water resources.

"(b) The State committee established pursuant to subsection (a)

of this section shall -

"(1) review existing State laws and institutions concerning

water management and, where appropriate, recommend changes to

improve State or local management capabilities and more

efficiently use the waters of such State, if such a review is not

already being undertaken by the State;

"(2) establish, in coordination with other State committees,

State priorities for research and demonstration projects

involving water resources; and

"(3) provide public information, education, extension, and

technical assistance on the need for water conservation and

information on proven and cost-effective water management.

"(c) Each State committee established pursuant to this section

shall elect a chairman, and shall meet at least once every three

months at the call of the chairman, unless the chairman determines,

after consultation with a majority of the members of the committee,

that such a meeting is not necessary to achieve the purposes of

this section.

"Sec. 303. The Secretary shall annually allocate among the States

of the High Plains region funds authorized to be appropriated for

this section for research in -

"(1) water-use efficiency;

"(2) cultural methods;

"(3) irrigation technologies;

"(4) water-efficient crops; and

"(5) water and soil conservation.

Funds distributed under this section shall be allocated to each

State committee for use by institutions of higher education within

each State. To qualify for funds under this section an institution

of higher education shall submit a proposal to the State committee

describing the costs, methods, and goals of the proposed research.

Proposals shall be selected by the State committee on the basis of

merit.

"Sec. 304. The Secretary shall annually divide funds authorized

to be appropriated under this section among the States of the High

Plains region for research into -

"(1) precipitation management;

"(2) weather modification;

"(3) aquifer recharge opportunities;

"(4) saline water uses;

"(5) desalinization technologies;

"(6) salt tolerant crops; and

"(7) ground water recovery.

Funds distributed under this section shall be allocated by the

Secretary to the State committee for distribution to institutions

of higher education within such State. To qualify for a grant under

this section, an institution of higher education shall submit a

research proposal to the State committee describing the costs,

methods, and goals of the proposed research. Proposals shall be

selected by the State committee on the basis of merit.

"Sec. 305. The Secretary shall annually allocate among the States

of the High Plains region funds authorized to be appropriated under

this section for grants to farmers for demonstration projects for -

"(1) water-efficient irrigation technologies and practices;

"(2) soil and water conservation management systems; and

"(3) the growing and marketing of more water-efficient crops.

Grants under this section shall be made by each State committee in

amounts not to exceed 85 percent of the cost of each demonstration

project. To qualify for a grant under this section, a farmer shall

submit a proposal to the State committee describing the costs,

methods, and goals of the proposed project. Proposals shall be

selected by the State committee on the basis of merit. Each State

committee shall monitor each demonstration project to assure proper

implementation and make the results of the project available to

other State committees.

"Sec. 306. The Secretary, acting through the United States

Geological Survey and in cooperation with the States of the High

Plains region, is authorized and directed to monitor the levels of

the Ogallala aquifer, and report biennially to Congress. (As

amended Pub. L. 104-66, title I, Sec. 1082(a)(1), Dec. 21, 1995,

109 Stat. 721.)

"Sec. 307. The amount of any allocation of funds to a State under

this title shall not exceed 75 percent of the cost of carrying out

the purposes for which the grant is made.

"Sec. 308. Not later than one year after the date of enactment of

this title [Nov. 17, 1986], and at intervals of 2 years thereafter,

the Secretary shall prepare and transmit to the Congress a report

on activities undertaken under this title. (As amended Pub. L.

104-66, title I, Sec. 1082(a)(2), Dec. 21, 1995, 109 Stat. 721.)

"Sec. 309. (a) For each of the fiscal years ending September 30,

1987, through September 30, 1995, the following sums are authorized

to be appropriated to the Secretary to implement the following

sections of this title, and such sums shall remain available until

expended:

"(1) $600,000 for the purposes of section 302;

"(2) $4,300,000 for the purposes of section 303;

"(3) $2,200,000 for the purposes of section 304;

"(4) $5,300,000 for the purposes of section 305; and

"(5) $600,000 for the purposes of section 306.

"(b) Funds made available under this title for distribution to

the States of the High Plains region shall be distributed equally

among the States." (As amended Pub. L. 101-397, Sec. 1(o), Sept.

28, 1990, 104 Stat. 854.)

[For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 17th and 18th items on page 72 identify reporting

provisions which, as subsequently amended, are contained in

sections 306 and 308 of Pub. L. 98-242, set out in the note above),

see section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance.]

DESALTING PLANTS

Pub. L. 95-84, Sec. 2, Aug. 2, 1977, 91 Stat. 400; Pub. L.

95-467, title II, Sec. 205(a), (b), Oct. 17, 1978, 92 Stat. 1311;

Pub. L. 96-457, Sec. 3, Oct. 15, 1980, 94 Stat. 2032; Pub. L.

98-242, title I, Sec. 110(a), Mar. 22, 1984, 98 Stat. 101, provided

that:

"(a) The Secretary of the Interior is authorized and directed to

demonstrate the engineering and economic viability of membrane and

phase-change desalting processes. Such demonstrations shall include

the study, design, construction, operation, and maintenance of

desalting plants at locations in the United States (which may

include the District of Columbia, the Commonwealth of Puerto Rico,

American Samoa, Guam, the Virgin Islands, the Mariana Islands, and

the Trust Territory of the Pacific Islands): Provided, That at

least two such plants shall demonstrate desalting of brackish

ground water: And provided further, That the plants constructed

pursuant to this section shall be for the purpose of showing that

the technology being demonstrated is ready for application; such

plants shall be sufficient to demonstrate the specific application

of the technology, and shall be significantly different in

operation and process so as not to duplicate any other

demonstration plant constructed pursuant to this section. The

Secretary is further authorized to conduct such demonstrations or

any portion thereof by means of cooperative agreements (as defined

and authorized by 41 U.S.C. 504 et seq. (the Federal Grant and

Cooperative Agreement Act of 1977; Public Law 95-224)) [31 U.S.C.

6301 et seq.] with duly authorized non-Federal public entities.

Title to demonstration facilities constructed by the non-Federal

public entity under a cooperative agreement shall vest in the

non-Federal public entity.

"(b) Funds appropriated pursuant to the authority provided by

this section [this note] may not be expended until thirty calendar

days (excluding days on which either the House of Representatives

or the Senate is not in session because of an adjournment of more

than three calendar days to a day certain) have elapsed following

transmittal of a report to the chairman of the Committee on

Interior and Insular Affairs [now Committee on Resources] of the

House of Representatives and the chairman of the Committee on

Environment and Public Works of the United States Senate. Such

report shall present information that includes, but is not limited

to, how the plant being proposed differs from others, if any,

already constructed under this section, the location of the

demonstration plant, the characteristics of the water proposed to

be desalted, the process to be utilized, the water supply problems

confronting the area in which the plant will be located,

alternative sources of water and their probable cost, the capacity

of the plant, the initial investment cost of the demonstration

plant, the annual operating cost of the demonstration plant, the

source of energy for the plant and its cost, the means of reject

brine disposal and its environmental consequences, and the unit

cost of product water, considering the amortization of all

components of the demonstration plant and ancillary facilities.

Such report shall be accompanied by a proposed contract (or

cooperative agreement) between the Secretary and a duly authorized

non-Federal entity, in which such entity shall agree to provide not

less than 15 per centum and not more than 35 per centum of the

total cost of the demonstration; such cost to include, without

being limited to, necessary water rights, water supplies,

rights-of-way, power source interconnections, brine disposal

facilities, land, construction, ancillary facilities, and the

operation and maintenance costs for a period of four years

following final acceptance of the construction of the plant from

the plant contractor. The contributions of the non-Federal entity

under such proposed contract may be in-kind. During the

participation by the Secretary in the construction and the

operation and maintenance of such demonstration, access to the

demonstration and its operating data will not be denied to the

Secretary or his representatives. The period of participation by

the Secretary in the operation and maintenance of any such

demonstration shall be four years. The Secretary is authorized to

include in the proposed contract a provision for conveying, as

appropriate, and in such amounts as are appropriate, rights, title,

and interest of the Federal Government in the demonstration project

to the non-Federal public entity.

"(c) There is authorized to be appropriated, to remain available

until expended, for the fiscal year ending September 30, 1978, and

thereafter, the sum of $50,000,000 to finance the total Federal

share of the cost of the demonstration plants authorized by this

section; such cost to include, without being limited to, necessary

water rights, water supplies, rights-of-way, power source

interconnections, brine disposal facilities, land, construction,

ancillary facilities, and the operation and maintenance costs for

the four-year period of Federal participation in such costs.

"(d) When appropriations have been made for the commencement or

continuation of design, construction, or operation and maintenance

of any demonstration plant authorized under this Act [this note],

the Secretary may, in connection with such design, construction, or

operation and maintenance, enter into contracts and cooperative

agreements for miscellaneous services, for materials and supplies,

as well as for construction, which may cover such periods of time

as the Secretary may consider necessary but in which the liability

of the United States shall be contingent upon appropriations being

made therefor."

[For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.]

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

-End-

-CITE-

42 USC Sec. 10302 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

Sec. 10302. Congressional declaration of purpose

-STATUTE-

It is the purpose of this chapter to assist the Nation and the

States in augmenting their water resources science and technology

as a way to -

(1) assure supplies of water sufficient in quantity and quality

to meet the Nation's expanding needs for the production of food,

materials, and energy;

(2) discover practical solutions to the Nation's water and

water resources related problems, particularly those problems

related to impaired water quality;

(3) assure the protection and enhancement of environmental and

social values in connection with water resources management and

utilization;

(4) promote the interest of State and local governments as well

as private industry in research and the development of technology

that will reclaim waste water and to convert saline and other

impaired waters to waters suitable for municipal, industrial,

agricultural, recreational, and other beneficial uses;

(5) promote more effective coordination of the Nation's water

resources research program;

(6) promote the development of a cadre of trained research

scientists, engineers, and technicians for future water resources

problems; and

(7) encourage long-term planning and research to meet future

water management, quality, and supply challenges.

-SOURCE-

(Pub. L. 98-242, title I, Sec. 103, Mar. 22, 1984, 98 Stat. 97;

Pub. L. 101-397, Sec. 1(a), Sept. 28, 1990, 104 Stat. 852; Pub. L.

104-147, Sec. 2, May 24, 1996, 110 Stat. 1375.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 98-242, Mar. 22, 1984, 98 Stat. 97, known as

the Water Resources Research Act of 1984. For complete

classification of this Act to the Code, see Short Title note set

out under section 10301 of this title and Tables.

-MISC1-

AMENDMENTS

1996 - Par. (5). Pub. L. 104-147, Sec. 2(1), struck out "to"

before "promote" and "and" after "program;".

Par. (6). Pub. L. 104-147, Sec. 2(2), substituted "; and" for

period at end.

Par. (7). Pub. L. 104-147, Sec. 2(3), added par. (7).

1990 - Par. (5). Pub. L. 101-397 substituted "to promote more

effective coordination of" for "coordinate more effectively".

-End-

-CITE-

42 USC Sec. 10303 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

Sec. 10303. Water resources research and technology institutes

-STATUTE-

(a) Establishment; designation of site by State legislature or

Governor

Subject to the approval of the Secretary of the Interior

(hereafter in this chapter referred to as the "Secretary") under

this section, one water resources research and technology

institute, center, or equivalent agency (hereafter in this chapter

referred to as the "institute") may be established in each State

(as used in this chapter, the term "State" includes the

Commonwealth of Puerto Rico, the District of Columbia, the Virgin

Islands, Guam, American Samoa, the Commonwealth of the Mariana

Islands and the Federated States of Micronesia) at a college or

university which was established in accordance with the Act

approved July 2, 1862 (12 Stat. 503) [7 U.S.C. 301 et seq.], or at

some other institution designated by act of the legislature of the

State concerned. If there is more than one such college or

university in a State established in accordance with such Act of

July 2, 1862, the institute in such State shall, in the absence of

a designation to the contrary by act of the legislature of the

State, be established at the one such college or university

designated by the Governor of the State. Two or more States may

cooperate in the establishment of a single institute or regional

institute, in which event the sums otherwise allocated to

institutes in each of the cooperating States shall be paid to such

single or regional institute.

(b) Scope of research; other activities; cooperation and

coordination

Each institute shall -

(1) plan, conduct, or otherwise arrange for competent research

that fosters (A) the entry of new research scientists into the

water resources fields, (B) the training and education of future

water scientists, engineers, and technicians, (C) the preliminary

exploration of new ideas that address water problems or expand

understanding of water and water-related phenomena, and (D) the

dissemination of research results to water managers and the

public, and

(2) cooperate closely with other colleges and universities in

the State that have demonstrated capabilities for research,

information dissemination, and graduate training in order to

develop a statewide program designed to resolve State and

regional water and related land problems.

Each institute shall also cooperate closely with other institutes

and other organizations in the region to increase the effectiveness

of the institutes and for the purpose of promoting regional

coordination.

(c) Grants; matching funds

From the sums appropriated pursuant to subsection (f) of this

section, the Secretary shall make grants to each institute to be

matched on a basis of no less than 2 non-Federal dollars for every

1 Federal dollar, such sums to be used only for the reimbursement

of the direct cost expenditures incurred for the conduct of the

water resources research program.

(d) Submission and approval of water research program; requisite

assurances

Prior to and as a condition of the receipt each fiscal year of

funds appropriated under subsection (f) of this section, each

institute shall submit to the Secretary for his approval a water

research program that includes assurances, satisfactory to the

Secretary, that such program was developed in close consultation

and collaboration with the director of that State's department of

water resources or similar agency, other leading water resources

officials within the State, and interested members of the public.

The program described in the preceding sentence shall include plans

to promote research, training, information dissemination, and other

activities meeting the needs of the State and Nation, and shall

encourage regional cooperation among institutes in research into

areas of water management, development, and conservation that have

a regional or national character.

(e) Evaluation of water resources research program

The Secretary shall conduct a careful and detailed evaluation of

each institute at least once every 5 years to determine that the

quality and relevance of its water resources research and its

effectiveness as an institution for planning, conducting, and

arranging for research warrants its continued support under this

section. If, as a result of any such evaluation, the Secretary

determines that an institute does not qualify for further support

under this section, then no further grants to the institute may be

made until the institute's qualifications are reestablished to the

satisfaction of the Secretary.

(f) Authorization of appropriations in general

(1) For the purpose of carrying out this section, there is

authorized to be appropriated to the Secretary the sum of

$9,000,000 for fiscal year 2001, $10,000,000 for each of fiscal

years 2002 and 2003, and $12,000,000 for each of fiscal years 2004

and 2005, such sums to remain available until expended.

(2) Any sums appropriated under this subsection but which fail to

be obligated by the close of the fiscal year for which they were

appropriated shall be transferred by the Secretary and available

for obligation during the succeeding fiscal year under the terms of

subsection (g) of this section.

(g) Additional appropriations where research focused on water

problems of interstate nature

(1) There is further authorized to be appropriated to the

Secretary of the Interior the sum of $3,000,000 for fiscal year

2001, $4,000,000 for each of fiscal years 2002 and 2003, and

$6,000,000 for each of fiscal years 2004 and 2005 only for

reimbursement of the direct cost expenses of additional research or

synthesis of the results of research by institutes which focuses on

water problems and issues of a regional or interstate nature beyond

those of concern only to a single State and which relate to

specific program priorities identified jointly by the Secretary and

the institutes. Such funds when appropriated shall be matched on a

not less than dollar-for-dollar basis by funds made available to

institutes or groups of institutes, by States or other non-Federal

sources. Funds made available under this subsection shall remain

available until expended.

(2) Research funds made available under this subsection shall be

made on a competitive basis subject to the merit of the proposal,

the need for the information to be produced, and the opportunity

such funds will provide for training of water resources scientists

or professionals.

(h) Coordination

(1) In general

To carry out this chapter, the Secretary -

(A) shall encourage other Federal departments, agencies

(including agencies within the Department of the Interior), and

instrumentalities to use and take advantage of the expertise

and capabilities that are available through the institutes

established by this section, on a cooperative or other basis;

(B) shall encourage cooperation and coordination with other

Federal programs concerned with water resources problems and

issues;

(C) may enter into contracts, cooperative agreements, and

other transactions without regard to section 5 of title 41;

(D) may accept funds from other Federal departments, agencies

(including agencies within the Department of the Interior), and

instrumentalities to pay for and add to grants made, and

contracts entered into, by the Secretary;

(E) may promulgate such regulations as the Secretary

considers appropriate; and

(F) may support a program of internships for qualified

individuals at the undergraduate and graduate levels to carry

out the educational and training objectives of this chapter.

(2) Report

The Secretary shall report to Congress annually on coordination

efforts with other Federal departments, agencies, and

instrumentalities under paragraph (1).

(3) Relationship to State rights

Nothing in this chapter shall preempt the rights and

authorities of any State with respect to its water resources or

management of those resources.

-SOURCE-

(Pub. L. 98-242, title I, Sec. 104, Mar. 22, 1984, 98 Stat. 98;

Pub. L. 101-397, Sec. 1(b)-(h), (m), Sept. 28, 1990, 104 Stat. 852,

853; Pub. L. 104-147, Secs. 3-6, May 24, 1996, 110 Stat. 1376; Pub.

L. 106-374, Oct. 27, 2000, 114 Stat. 1434.)

-REFTEXT-

REFERENCES IN TEXT

Act approved July 2, 1862, referred to in subsec. (a), is act

July 2, 1862, ch. 130, 12 Stat. 503, as amended, popularly known as

the "Morrill Act" and also as the "First Morrill Act", which is

classified generally to subchapter I (Sec. 301 et seq.) of chapter

13 of Title 7, Agriculture. For complete classification of this Act

to the Code, see Short Title note set out under section 301 of

Title 7 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (f)(1). Pub. L. 106-374, Sec. 1, substituted

"$9,000,000 for fiscal year 2001, $10,000,000 for each of fiscal

years 2002 and 2003, and $12,000,000 for each of fiscal years 2004

and 2005" for "$5,000,000 for fiscal year 1996, $7,000,000 for each

of fiscal years 1997 and 1998, and $9,000,000 for each of fiscal

years 1999 and 2000".

Subsec. (g)(1). Pub. L. 106-374, Sec. 2, in first sentence,

substituted "$3,000,000 for fiscal year 2001, $4,000,000 for each

of fiscal years 2002 and 2003, and $6,000,000 for each of fiscal

years 2004 and 2005" for "$3,000,000 for each of fiscal years 1996

through 2000".

1996 - Subsec. (c). Pub. L. 104-147, Sec. 3, substituted "2

non-Federal dollars for every 1 Federal dollar" for "one

non-Federal dollar for every Federal dollar during the fiscal years

ending September 30, 1985, and September 30, 1986, one and one-half

non-Federal dollars for each Federal dollar during the fiscal years

ending September 30, 1987, and September 30, 1988, and two

non-Federal dollars for each Federal dollar during the fiscal year

ending September 30, 1989 and thereafter".

Subsec. (f)(1). Pub. L. 104-147, Sec. 4, substituted "of

$5,000,000 for fiscal year 1996, $7,000,000 for each of fiscal

years 1997 and 1998, and $9,000,000 for each of fiscal years 1999

and 2000" for "of $10,000,000 for each of the fiscal years ending

September 30, 1989, through September 30, 1995,".

Subsec. (g)(1). Pub. L. 104-147, Sec. 5, substituted "of

$3,000,000 for each of fiscal years 1996 through 2000" for "of

$5,000,000 for each of the fiscal years 1991, 1992, 1993, 1994, and

1995".

Subsec. (h). Pub. L. 104-147, Sec. 6, added subsec. (h).

1990 - Subsec. (a). Pub. L. 101-397, Sec. 1(b), substituted

"Federated States of Micronesia" for "Trust Territory of the

Pacific Islands".

Subsec. (b). Pub. L. 101-397, Sec. 1(c), inserted "promoting"

after "for the purpose of" in last sentence.

Subsec. (b)(1). Pub. L. 101-397, Sec. 1(d), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "plan,

conduct, or otherwise arrange for competent research with respect

to water resources, including investigations and experiments of

either a basic or practical nature, or both; promote the

dissemination and application of the results of these efforts; and

provide for the training of scientists and engineers through such

research, investigations, and experiments, and".

Subsec. (c). Pub. L. 101-397, Sec. 1(e), substituted for period

at end "and thereafter, such sums to be used only for the

reimbursement of the direct cost expenditures incurred for the

conduct of the water resources research program."

Subsec. (e). Pub. L. 101-397, Sec. 1(f), amended subsec. (e)

generally, substituting provisions directing that evaluation be

conducted at least once every 5 years for provisions directing

evaluation within two years after establishment of institute and at

least once every four years thereafter and striking out provisions

relating to composition and function of evaluation team and setting

forth criteria for determination.

Subsec. (f)(1). Pub. L. 101-397, Sec. 1(g), substituted

"September 30, 1989, through September 30, 1995," for "September

30, 1985, through September 30, 1989".

Subsec. (f)(2). Pub. L. 101-397, Sec. 1(h), substituted reference

to subsec. (g) of this section for reference to section 10305 of

this title.

Subsec. (g). Pub. L. 101-397, Sec. 1(m), added subsec. (g).

CONTRACTS OR COOPERATIVE AGREEMENTS WITH NATIONAL LABORATORIES

Section 2 of Pub. L. 101-397 provided that:

"(a) The Secretary of the Interior, in consultation with the

Secretary of Agriculture and the Administrator of the Environmental

Protection Agency, is authorized to enter into contracts or

cooperative agreements, as the Secretary deems appropriate, with

national laboratories (including Los Alamos National Laboratory) to

carry out water resources research, development, and demonstration

projects within the authorities of Public Law 98-242 [42 U.S.C.

10301 et seq.] (including the effects of potential climate changes

on surface and ground water quality and quantity and the

elimination of contamination of ground water aquifers).

"(b) The water resources research authorized in this section

shall be undertaken under such rules and regulations as the

Secretary deems appropriate and shall be carried out in close

consultation and collaboration with the institutes established

pursuant to Public Law 98-242 [42 U.S.C. 10301 et seq.], to the

extent such research work affects the State in which the institute

exists, and to the extent such institute agrees to consult and

collaborate.

"(c) For the purposes of carrying out this section, there is

authorized to be appropriated to the Secretary of the Interior the

sum of $10,000,000 for each of the fiscal years 1991 through 1995."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10304, 10305, 10307 of

this title.

-End-

-CITE-

42 USC Sec. 10304 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

Sec. 10304. Research concerning water resource-related problems

deemed to be in national interest

-STATUTE-

(a) Grants; matching funds

(1) In addition to the grants authorized by section 10303 of this

title, the Secretary is authorized to make grants, on a

dollar-for-dollar matching basis, to the institutes established

under such section, as well as other qualified educational

institutions, private foundations, private firms, individuals, and

agencies of local or State government for research concerning any

aspect of a water resource-related problem which the Secretary may

deem to be in the national interest. Such grants shall be made with

such advice and review by peer or other expert groups of

appropriate interdisciplinary composition as the Secretary deems

appropriate on the basis of the merits of the project and the need

for the knowledge such project is expected to produce upon

completion.

(2) Research funded under this section should to the extent

possible utilize the best qualified graduate students so the Nation

profits from the education and training benefits resulting from the

use of the latest in technological developments in solving water

problems.

(b) Applications for grants

Each application for a grant under this section shall state the

nature of the project to be undertaken, the period during which it

will be pursued, the qualifications of the personnel who will

direct and conduct it, the importance of the project to the Nation

as well as to the region and State concerned, its relation to other

research projects previously or currently being pursued, and the

extent to which it will provide an opportunity for the training of

water resources scientists.

(c) Authorization of appropriations

There is authorized to be appropriated to the Secretary the sum

of $10,000,000 for the purpose of carrying out this section for

each of the fiscal years ending September 30, 1985, through

September 30, 1995, such sums to remain available until expended.

-SOURCE-

(Pub. L. 98-242, title I, Sec. 105, Mar. 22, 1984, 98 Stat. 100;

Pub. L. 101-397, Sec. 1(i), (j), Sept. 28, 1990, 104 Stat. 853.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(3). Pub. L. 101-397, Sec. 1(i), struck out

par. (3) which read as follows: "In cases where the Secretary

determines, in accordance with criteria established by him, that

research under this section is of a basic nature which would not

otherwise be undertaken, the Secretary may approve grants under

this section with a matching requirement other than that specified

in paragraph (1) of this subsection."

Subsec. (c). Pub. L. 101-397, Sec. 1(j), substituted

"$10,000,000" for "$20,000,000" and "1995" for "1989".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10305, 10307 of this

title.

-End-

-CITE-

42 USC Sec. 10305 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

Sec. 10305. Development of water-related technology

-STATUTE-

(a) Grants; matching funds

(1) The Secretary shall make grants in addition to those

authorized under sections 10303 and 10304 of this title for

technology development concerning any aspect of water resources

including water-related technology which the Secretary may deem to

be of State, regional, or national importance. Activities funded

under this section may be carried out by educational institutions,

private firms, foundations, individuals, or agencies of State or

local government. Care shall be taken to protect proprietary

information of private individuals or firms associated with the

technology.

(2) The Secretary may establish any condition for the matching of

funds by the recipient of any grant or contract under this section

which the Secretary considers to be in the best interest of the

Nation considering the information transfer and technology needs of

the Nation. However, in the case of institutes established by

section 10303 of this title no match greater than that required

under section 10303 of this title may be required.

(b) Applications for grants

Each application for a grant under this section shall state the

nature of the project to be undertaken, the qualifications of the

personnel who will direct and conduct it, facilities of the

organization performing any technology development, the importance

of the project to the Nation, region, and State concerned, and the

potential benefit to be accrued.

(c) Authorization of appropriations

There is authorized to be appropriated to the Secretary the sum

of $6,000,000 for the purpose of carrying out this section for each

of the fiscal years ending September 30, 1990, through September

30, 1995; such sums to remain available until expended.

-SOURCE-

(Pub. L. 98-242, title I, Sec. 106, Mar. 22, 1984, 98 Stat. 100;

Pub. L. 101-397, Sec. 1(n), Sept. 28, 1990, 104 Stat. 853.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-397, in amending section generally, in subsec.

(a)(1) struck out provision directing that grant be made on basis

of merit and feasibility of project, in subsec. (a)(2) inserted

provisions relating to match in the case of institutes established

by section 10303 of this title, and in subsec. (c) substituted

provisions authorizing $6,000,000 appropriation for fiscal years

1990 through 1995, for provisions authorizing the same sum for

fiscal years 1985 through 1989, and struck out provisions

authorizing obligation of funds under this section and par. (1) and

(2) designations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10307 of this title.

-End-

-CITE-

42 USC Sec. 10306 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

Sec. 10306. Administrative costs

-STATUTE-

From the sums appropriated pursuant to this chapter, not more

than 15 per centum shall be utilized for administrative costs.

-SOURCE-

(Pub. L. 98-242, title I, Sec. 107, Mar. 22, 1984, 98 Stat. 101.)

-End-

-CITE-

42 USC Sec. 10307 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

Sec. 10307. Types of research and development

-STATUTE-

The type of research and development to be undertaken under the

authority of sections 10304 and 10305 of this title and to be

encouraged by the institutes established under section 10303 of

this title shall include the following:

(1) Aspects of the hydrologic cycle;

(2) Supply and demand for water;

(3) Demineralization of saline and other impaired waters;

(4) Conservation and best use of available supplies of water

and methods of increasing such supplies;

(5) Water reuse;

(6) Depletion, contamination, and degradation of groundwater

supplies;

(7) Improvements in the productivity of water when used for

agricultural, municipal, and commercial purposes;

(8) The economic, legal, engineering, social, recreational,

biological, geographic, ecological, and other aspects of water

quality and quantity problems;

(9) Scientific information dissemination activities, including

identifying, assembling, and interpreting the results of

scientific and engineering research on water resources problems;

and

(10) Providing means for improved communication of research

results, having due regard for the varying conditions and needs

for the respective States and regions.

-SOURCE-

(Pub. L. 98-242, title I, Sec. 108, Mar. 22, 1984, 98 Stat. 101;

Pub. L. 101-397, Sec. 1(k), (l), Sept. 28, 1990, 104 Stat. 853.)

-MISC1-

AMENDMENTS

1990 - Par. (6). Pub. L. 101-397, Sec. 1(k), which directed that

", contamination," be inserted after "depletion", was executed by

making the insertion after "Depletion" to reflect the probable

intent of Congress.

Par. (8). Pub. L. 101-397, Sec. 1(l), inserted "quality and

quantity" after "water".

-End-

-CITE-

42 USC Sec. 10308 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

Sec. 10308. Patent policy

-STATUTE-

Notwithstanding any other provision of law, the Secretary shall

be governed by the provisions of sections 5908 (except subsections

(l) and (n)) and 5909 of this title with respect to patent policy

and to the definition of title to and licensing of inventions made

or conceived in the course of work performed, or under any contract

or grant made, pursuant to this chapter. Subject to such patent

policy, all research or development contracted for, sponsored,

cosponsored, or authorized under authority of this chapter shall be

provided in such manner that all information, data, and know-how,

regardless of their nature or mediums, resulting from such research

and development shall (with such exceptions and limitations, if

any, as the Secretary may find to be necessary in the interest of

national defense) be usefully available for practice by the general

public.

-SOURCE-

(Pub. L. 98-242, title I, Sec. 109, Mar. 22, 1984, 98 Stat. 101.)

-End-

-CITE-

42 USC Sec. 10309 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 109 - WATER RESOURCES RESEARCH

-HEAD-

Sec. 10309. New spending authority; amounts provided in advance

-STATUTE-

Any new spending authority described in subsection (c)(2)(A) or

(B) of section 651 (!1) of title 2 which is provided under this

chapter shall be effective for any fiscal year only to such extent

or in such amounts as are provided in advance in appropriations

Acts.

-SOURCE-

(Pub. L. 98-242, title I, Sec. 111, Mar. 22, 1984, 98 Stat. 101.)

-REFTEXT-

REFERENCES IN TEXT

Section 651 of title 2, referred to in text, was amended by Pub.

L. 105-33, title X, Sec. 10116(a)(3), (5), Aug. 5, 1997, 111 Stat.

691, by striking out subsec. (c) and redesignating former subsec.

(d) as (c).

-FOOTNOTE-

(!1) See References in Text note below.

-End-