42 USC SECURE Water Act of 2009

§ 10268

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(e) Experts and consultants
Subject to such rules as may be prescribed by
the Board, the Chairman may procure temporary and intermittent services under section
3109(b) of title 5, but at rates for individuals not
to exceed the daily equivalent of the maximum
annual rate of basic pay payable for GS–18 of the
General Schedule.
(Pub. L. 97–425, title V, § 507, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5051,
Dec. 22, 1987, 101 Stat. 1330–250.)

(Pub. L. 97–425, title V, § 510, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5051,
Dec. 22, 1987, 101 Stat. 1330–251.)
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.

CHAPTER 109—WATER RESOURCES
RESEARCH
Sec.

CODIFICATION

10301.
10302.
10303.

Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.

10304.

REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 10268. Report
The Board shall report not less than 2 times
per year to Congress and the Secretary its findings, conclusions, and recommendations. The
first such report shall be submitted not later
than 12 months after December 22, 1987.
(Pub. L. 97–425, title V, § 508, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5051,
Dec. 22, 1987, 101 Stat. 1330–250.)
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of this section relating to reporting to Congress 2 times
per year, see section 3003 of Pub. L. 104–66, as amended,
set out as a note under section 1113 of Title 31, Money
and Finance, and the last item on page 186 of House
Document No. 103–7.

§ 10269. Authorization of appropriations
Notwithstanding subsection (d) of section 10222
of this title, and subject to subsection (e) of
such section, there are authorized to be appropriated for expenditures from amounts in the
Waste Fund established in subsection (c) of such
section such sums as may be necessary to carry
out the provisions of this subchapter.
(Pub. L. 97–425, title V, § 509, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5051,
Dec. 22, 1987, 101 Stat. 1330–251.)
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.

§ 10270. Termination of Board
The Board shall cease to exist not later than
1 year after the date on which the Secretary begins disposal of high-level radioactive waste or
spent nuclear fuel in a repository.

Page 7254

10305.
10306.
10307.
10308.
10309.

Congressional findings and declarations.
Congressional declaration of purpose.
Water resources research and technology institutes.
Research concerning water resource-related
problems deemed to be in national interest.
Development of water-related technology.
Administrative costs.
Types of research and development.
Patent policy.
New spending authority; amounts provided in
advance.

§ 10301. Congressional findings and declarations
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.
1 So

in original. The word ‘‘and’’ probably should not appear.

Page 7255

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 98–242, title I, § 102, Mar. 22, 1984, 98
Stat. 97; Pub. L. 104–147, § 1, May 24, 1996, 110
Stat. 1375.)
AMENDMENTS
1996—Par. (2). Pub. L. 104–147, § 1(1), inserted
‘‘, productivity of natural resources and agricultural
systems,’’ after ‘‘environmental quality’’.
Pars. (8), (9). Pub. L. 104–147, § 1(2)–(4), added pars. (8)
and (9).
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 109–471, § 1, Jan. 11, 2007, 120 Stat. 3552, provided that: ‘‘This Act [amending sections 10303 and
10306 of this title] may be cited as the ‘Water Resources
Research Act Amendments of 2006’.’’
SHORT TITLE
Pub. L. 98–242, title I, § 101, Mar. 22, 1984, 98 Stat. 97,
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.
MORE WATER, MORE ENERGY, AND LESS WASTE
Pub. L. 110–229, title V, § 514, May 8, 2008, 122 Stat. 844,
provided that:
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) development of energy resources, including oil,
natural gas, coalbed methane, and geothermal resources, frequently results in bringing to the surface
water extracted from underground sources;
‘‘(2) some of that produced water is used for irrigation or other purposes, but most of the water is returned to the subsurface or otherwise disposed of as
waste;
‘‘(3) reducing the quantity of produced water returned to the subsurface and increasing the quantity
of produced water that is made available for irrigation and other uses—
‘‘(A) would augment water supplies;
‘‘(B) could reduce the costs to energy developers
for disposing of the water; and
‘‘(C) in some cases, could increase the efficiency
of energy development activities; and
‘‘(4) it is in the national interest—
‘‘(A) to limit the quantity of produced water disposed of as waste;
‘‘(B) to optimize the production of energy resources; and
‘‘(C) to remove or reduce obstacles to use of produced water for irrigation or other purposes in
ways that will not adversely affect water quality or
the environment.
‘‘(b) PURPOSES.—The purposes of this section are—
‘‘(1) to optimize the production of energy resources—
‘‘(A) by minimizing the quantity of produced
water; and
‘‘(B) by facilitating the use of produced water for
irrigation and other purposes without adversely affecting water quality or the environment; and
‘‘(2) to demonstrate means of accomplishing those
results.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) LOWER BASIN STATE.—The term ‘Lower Basin
State’ means any of the States of—
‘‘(A) Arizona;

§ 10301

‘‘(B) California; and
‘‘(C) Nevada.
‘‘(2) PRODUCED WATER.—The term ‘produced water’
means water from an underground source that is
brought to the surface as part of the process of exploration for, or development of—
‘‘(A) oil;
‘‘(B) natural gas;
‘‘(C) coalbed methane; or
‘‘(D) any other substance to be used as an energy
source.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(4) UPPER BASIN STATE.—The term ‘Upper Basin
State’ means any of the States of—
‘‘(A) Colorado;
‘‘(B) New Mexico;
‘‘(C) Utah; and
‘‘(D) Wyoming.
‘‘(d) IDENTIFICATION OF PROBLEMS AND SOLUTIONS.—
‘‘(1) STUDY.—The Secretary shall conduct a study
to identify—
‘‘(A) the technical, economic, environmental, and
other obstacles to reducing the quantity of produced water;
‘‘(B) the technical, economic, environmental,
legal, and other obstacles to increasing the extent
to which produced water can be used for irrigation
and other purposes without adversely affecting
water quality, public health, or the environment;
‘‘(C) the legislative, administrative, and other actions that could reduce or eliminate the obstacles
identified in subparagraphs (A) and (B); and
‘‘(D) the costs and benefits associated with reducing or eliminating the obstacles identified in subparagraphs (A) and (B).
‘‘(2) REPORT.—Not later than 1 year after the date
of enactment of this Act [May 8, 2008], the Secretary
shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report describing the results of the study under paragraph (1).
‘‘(e) IMPLEMENTATION.—
‘‘(1) GRANTS.—Subject to the availability of appropriations, the Secretary shall provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of—
‘‘(A) optimizing energy resource production by reducing the quantity of produced water generated;
or
‘‘(B) increasing the extent 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) LIMITATIONS.—Assistance under this subsection—
‘‘(A) shall be provided for—
‘‘(i) at least 1 project in each of the Upper Basin
States; and
‘‘(ii) at least 1 project in at least 1 of the Lower
Basin States;
‘‘(B) shall not exceed $1,000,000 for any project;
‘‘(C) shall be used to pay not more than 50 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 Federal Government pursuant to other provisions of law.
‘‘(f) CONSULTATION, ADVICE, AND COMMENTS.—In 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 Protection Agency,
and appropriate Governors and local officials;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(2)(A) review any relevant information developed
in connection with research carried out by others, including research carried out pursuant to subtitle J of
title IX of the Energy Policy Act of 2005 ([former] 42
U.S.C. 16371 et seq.); and
‘‘(B) to the extent the Secretary determines to be
advisable, include that information in the report
under subsection (d)(2);
‘‘(3) seek 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) RELATION TO OTHER LAWS.—Nothing in this section supersedes, 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) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated—
‘‘(1) $1,000,000 to carry out subsection (d); and
‘‘(2) $7,500,000 to carry out subsection (e).’’
DESALINATION RESEARCH, STUDIES, AND
DEMONSTRATION PROJECTS
Pub. L. 104–298, Oct. 11, 1996, 110 Stat. 3622, as amended by Pub. L. 108–7, div. D, title II, § 210, Feb. 20, 2003,
117 Stat. 146; Pub. L. 109–13, div. A, title VI, § 6015, May
11, 2005, 119 Stat. 284; Pub. L. 109–103, title II, § 206, Nov.
19, 2005, 119 Stat. 2268; Pub. L. 109–289, div. B, title II,
§ 20312, as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121
Stat. 19; Pub. L. 112–74, div. B, title II, § 204, Dec. 23,
2011, 125 Stat. 865, 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 convert-

Page 7256

ing 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, meritreviewed 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 enti-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ties, 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 2013. 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 $3,000,000 for
each of fiscal years 2012 through 2013.
‘‘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, § 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.

§ 10301

‘‘(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.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘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, § 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, § 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;

Page 7258

‘‘(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, § 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, § 2, Aug. 2, 1977, 91 Stat. 400; Pub. L.
95–467, title II, § 205(a), (b), Oct. 17, 1978, 92 Stat. 1311;
Pub. L. 96–457, § 3, Oct. 15, 1980, 94 Stat. 2032; Pub. L.
98–242, title I, § 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
[former] 41 U.S.C. 504 et seq. (the Federal Grant and Cooperative Agreement Act of 1977; Public Law 95–224)
[see 31 U.S.C. 6301 et seq.]) with duly authorized nonFederal 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 Natural 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 agree-

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ment) 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.]

§ 10302. Congressional declaration of purpose
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;

§ 10303

(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.
(Pub. L. 98–242, title I, § 103, Mar. 22, 1984, 98
Stat. 97; Pub. L. 101–397, § 1(a), Sept. 28, 1990, 104
Stat. 852; Pub. L. 104–147, § 2, May 24, 1996, 110
Stat. 1375.)
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.
AMENDMENTS
1996—Par. (5). Pub. L. 104–147, § 2(1), struck out ‘‘to’’
before ‘‘promote’’ and ‘‘and’’ after ‘‘program;’’.
Par. (6). Pub. L. 104–147, § 2(2), substituted ‘‘; and’’ for
period at end.
Par. (7). Pub. L. 104–147, § 2(3), added par. (7).
1990—Par. (5). Pub. L. 101–397 substituted ‘‘to promote
more effective coordination of’’ for ‘‘coordinate more
effectively’’.

§ 10303. Water resources research and technology
institutes
(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 applied and peer reviewed research
that fosters—
(A) improvements in water supply reliability;

§ 10303

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) the exploration of new ideas that—
(i) address water problems; or
(ii) expand understanding of water and
water-related phenomena;
(C) the entry of new research scientists,
engineers, and technicians into water resources fields; and
(D) the dissemination of research results
to water managers and the public.1
(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 3 years to determine that the quality and
relevance of its water resources research and its
effectiveness at producing measured results and
applied water supply research 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
1 So

in original. The period probably should be ‘‘, and’’.

Page 7260

reestablished to the satisfaction of the Secretary.
(f) Authorization of appropriations in general
(1) There is authorized to be appropriated to
carry out this section, to remain available until
expended, $12,000,000 for each of fiscal years 2007
through 2011.
(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 $6,000,000 for each of fiscal years 2007 through
2011 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 6101 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.

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(2) Reports
The Secretary shall report to Congress annually on coordination efforts with other Federal
departments, agencies, and instrumentalities
under paragraph (1). As part of the annual
budget submission to Congress, the Secretary
shall also provide a crosscut budget detailing
the expenditures on activities listed under
subsection (a)(1) and a report which details the
level of applied research and the results of the
activities authorized by this chapter, including potential and actual—
(A) increases in annual water supplies;
(B) increases in annual water yields;
(C) advances in water infrastructure and
water quality improvements; and
(D) methods for identifying, and determining the effectiveness of, treatment technologies and efficiencies.
(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.
(Pub. L. 98–242, title I, § 104, Mar. 22, 1984, 98
Stat. 98; Pub. L. 101–397, § 1(b)–(h), (m), Sept. 28,
1990, 104 Stat. 852, 853; Pub. L. 104–147, §§ 3–6, May
24, 1996, 110 Stat. 1376; Pub. L. 106–374, Oct. 27,
2000, 114 Stat. 1434; Pub. L. 109–471, § 2(a)–(e), Jan.
11, 2007, 120 Stat. 3552, 3553.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (h), 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, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 10301
of this title and Tables.
Act approved July 2, 1862, referred to in subsec. (a), is
act July 2, 1862, ch. 130, 12 Stat. 503, popularly known
as the ‘‘Morrill Act’’ and also as the ‘‘First Morrill
Act’’, which is classified generally to subchapter I (§ 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.
CODIFICATION
In subsec. (h)(1)(C), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (41
U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4,
2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
AMENDMENTS
2007—Subsec. (b)(1). Pub. L. 109–471, § 2(a), amended
par. (1) generally. Prior to amendment, par. (1) read as
follows: ‘‘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’’.
Subsec. (e). Pub. L. 109–471, § 2(b), substituted ‘‘3’’ for
‘‘5’’ and inserted ‘‘at producing measured results and
applied water supply research’’ after ‘‘effectiveness’’.
Subsec. (f)(1). Pub. L. 109–471, § 2(c), amended par. (1)
generally. Prior to amendment, par. (1) read as follows:
‘‘For the purpose of carrying out this section, there is
authorized to be appropriated to the Secretary the sum

§ 10303

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.’’
Subsec. (g)(1). Pub. L. 109–471, § 2(d), substituted
‘‘$6,000,000 for each of fiscal years 2007 through 2011’’ for
‘‘$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’’.
Subsec. (h)(2). Pub. L. 109–471, § 2(e), substituted ‘‘Reports’’ for ‘‘Report’’ in heading and inserted after first
sentence ‘‘As part of the annual budget submission to
Congress, the Secretary shall also provide a crosscut
budget detailing the expenditures on activities listed
under subsection (a)(1) and a report which details the
level of applied research and the results of the activities authorized by this chapter, including potential and
actual—’’ and subpars. (A) to (D).
2000—Subsec. (f)(1). Pub. L. 106–374, § 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, § 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, § 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, § 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, § 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, § 6, added subsec. (h).
1990—Subsec. (a). Pub. L. 101–397, § 1(b), substituted
‘‘Federated States of Micronesia’’ for ‘‘Trust Territory
of the Pacific Islands’’.
Subsec. (b). Pub. L. 101–397, § 1(c), inserted ‘‘promoting’’ after ‘‘for the purpose of’’ in last sentence.
Subsec. (b)(1). Pub. L. 101–397, § 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, § 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, § 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, § 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, § 1(h), substituted reference to subsec. (g) of this section for reference to section 10305 of this title.

§ 10304

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (g). Pub. L. 101–397, § 1(m), added subsec. (g).
CONTRACTS OR COOPERATIVE AGREEMENTS WITH
NATIONAL LABORATORIES
Pub. L. 101–397, § 2, Sept. 28, 1990, 104 Stat. 854, 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.’’

§ 10304. Research concerning water resource-related problems deemed to be in national interest
(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.

Page 7262

(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.
(Pub. L. 98–242, title I, § 105, Mar. 22, 1984, 98
Stat. 100; Pub. L. 101–397, § 1(i), (j), Sept. 28, 1990,
104 Stat. 853.)
AMENDMENTS
1990—Subsec. (a)(3). Pub. L. 101–397, § 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, § 1(j), substituted
‘‘$10,000,000’’ for ‘‘$20,000,000’’ and ‘‘1995’’ for ‘‘1989’’.

§ 10305. Development of water-related technology
(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.
(Pub. L. 98–242, title I, § 106, Mar. 22, 1984, 98
Stat. 100; Pub. L. 101–397, § 1(n), Sept. 28, 1990, 104
Stat. 853.)
AMENDMENTS
1990—Pub. L. 101–397, in amending section generally,
in subsec. (a)(1) struck out provision directing that

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 10306. Administrative costs
From the sums appropriated pursuant to this
chapter, not more than 7.5 per centum shall be
utilized for administrative costs.
(Pub. L. 98–242, title I, § 107, Mar. 22, 1984, 98
Stat. 101; Pub. L. 109–471, § 2(f), Jan. 11, 2007, 120
Stat. 3553.)
AMENDMENTS
2007—Pub. L. 109–471 substituted ‘‘7.5’’ for ‘‘15’’.
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, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 10301 of this title
and Tables.

§ 10307. Types of research and development
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.
(Pub. L. 98–242, title I, § 108, Mar. 22, 1984, 98
Stat. 101; Pub. L. 101–397, § 1(k), (l), Sept. 28, 1990,
104 Stat. 853.)
AMENDMENTS
1990—Par. (6). Pub. L. 101–397, § 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, § 1(l), inserted ‘‘quality and
quantity’’ after ‘‘water’’.

§ 10341

§ 10308. Patent policy
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.
(Pub. L. 98–242, title I, § 109, Mar. 22, 1984, 98
Stat. 101.)
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, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 10301 of this title
and Tables.

§ 10309. New spending authority; amounts provided in advance
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.
(Pub. L. 98–242, title I, § 111, Mar. 22, 1984, 98
Stat. 101.)
REFERENCES IN TEXT
Section 651 of title 2, referred to in text, was amended
by Pub. L. 105–33, title X, § 10116(a)(3), (5), Aug. 5, 1997,
111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).
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, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 10301 of this title
and Tables.

CHAPTER 109A—MEMBRANE PROCESSES
RESEARCH
Sec.

10341.
10342.
10343.
10344.
10345.

Findings.
Research program.
Goals of research program.
Coordination with other research.
Authorization of appropriations.

§ 10341. Findings
The Congress finds that—
(1) there is an increasing threat of impairment to the quantity and quality of the Na1 See

References in Text note below.