
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10301]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 109--WATER RESOURCES RESEARCH
 
Sec. 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\
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    \1\ So in original. The word ``and'' probably should not appear.
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        (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.

(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.)


                               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.)


                            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.]
