
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-374]
[CITE: 42USC10303]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 109--WATER RESOURCES RESEARCH
 
Sec. 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 research 
    that fosters (A) the entry of new research scientists into the water 
    resources fields, (B) the training and education of future water 
    scientists, engineers, and technicians, (C) the preliminary 
    exploration of new ideas that address water problems or expand 
    understanding of water and water-related phenomena, and (D) the 
    dissemination of research results to water managers and the public, 
    and
        (2) cooperate closely with other colleges and universities in 
    the State that have demonstrated capabilities for research, 
    information dissemination, and graduate training in order to develop 
    a statewide program designed to resolve State and regional water and 
    related land problems.

Each institute shall also cooperate closely with other institutes and 
other organizations in the region to increase the effectiveness of the 
institutes and for the purpose of promoting regional coordination.

(c) Grants; matching funds

    From the sums appropriated pursuant to subsection (f) of this 
section, the Secretary shall make grants to each institute to be matched 
on a basis of no less than 2 non-Federal dollars for every 1 Federal 
dollar, such sums to be used only for the reimbursement of the direct 
cost expenditures incurred for the conduct of the water resources 
research program.

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

    Prior to and as a condition of the receipt each fiscal year of funds 
appropriated under subsection (f) of this section, each institute shall 
submit to the Secretary for his approval a water research program that 
includes assurances, satisfactory to the Secretary, that such program 
was developed in close consultation and collaboration with the director 
of that State's department of water resources or similar agency, other 
leading water resources officials within the State, and interested 
members of the public. The program described in the preceding sentence 
shall include plans to promote research, training, information 
dissemination, and other activities meeting the needs of the State and 
Nation, and shall encourage regional cooperation among institutes in 
research into areas of water management, development, and conservation 
that have a regional or national character.

(e) Evaluation of water resources research program

    The Secretary shall conduct a careful and detailed evaluation of 
each institute at least once every 5 years to determine that the quality 
and relevance of its water resources research and its effectiveness as 
an institution for planning, conducting, and arranging for research 
warrants its continued support under this section. If, as a result of 
any such evaluation, the Secretary determines that an institute does not 
qualify for further support under this section, then no further grants 
to the institute may be made until the institute's qualifications are 
reestablished to the satisfaction of the Secretary.

(f) Authorization of appropriations in general

    (1) For the purpose of carrying out this section, there is 
authorized to be appropriated to the Secretary the sum of $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, such sums to remain 
available until expended.
    (2) Any sums appropriated under this subsection but which fail to be 
obligated by the close of the fiscal year for which they were 
appropriated shall be transferred by the Secretary and available for 
obligation during the succeeding fiscal year under the terms of 
subsection (g) of this section.

(g) Additional appropriations where research focused on water problems 
        of interstate nature

    (1) There is further authorized to be appropriated to the Secretary 
of the Interior the sum of $3,000,000 for each of fiscal years 1996 
through 2000 only for reimbursement of the direct cost expenses of 
additional research or synthesis of the results of research by 
institutes which focuses on water problems and issues of a regional or 
interstate nature beyond those of concern only to a single State and 
which relate to specific program priorities identified jointly by the 
Secretary and the institutes. Such funds when appropriated shall be 
matched on a not less than dollar-for-dollar basis by funds made 
available to institutes or groups of institutes, by States or other non-
Federal sources. Funds made available under this subsection shall remain 
available until expended.
    (2) Research funds made available under this subsection shall be 
made on a competitive basis subject to the merit of the proposal, the 
need for the information to be produced, and the opportunity such funds 
will provide for training of water resources scientists or 
professionals.

(h) Coordination

                           (1) In general

        To carry out this chapter, the Secretary--
            (A) shall encourage other Federal departments, agencies 
        (including agencies within the Department of the Interior), and 
        instrumentalities to use and take advantage of the expertise and 
        capabilities that are available through the institutes 
        established by this section, on a cooperative or other basis;
            (B) shall encourage cooperation and coordination with other 
        Federal programs concerned with water resources problems and 
        issues;
            (C) may enter into contracts, cooperative agreements, and 
        other transactions without regard to section 5 of title 41;
            (D) may accept funds from other Federal departments, 
        agencies (including agencies within the Department of the 
        Interior), and instrumentalities to pay for and add to grants 
        made, and contracts entered into, by the Secretary;
            (E) may promulgate such regulations as the Secretary 
        considers appropriate; and
            (F) may support a program of internships for qualified 
        individuals at the undergraduate and graduate levels to carry 
        out the educational and training objectives of this chapter.

                             (2) Report

        The Secretary shall report to Congress annually on coordination 
    efforts with other Federal departments, agencies, and 
    instrumentalities under paragraph (1).

                  (3) Relationship to State rights

        Nothing in this chapter shall preempt the rights and authorities 
    of any State with respect to its water resources or management of 
    those resources.

(Pub. L. 98-242, title I, Sec. 104, Mar. 22, 1984, 98 Stat. 98; Pub. L. 
101-397, Sec. 1(b)-(h), (m), Sept. 28, 1990, 104 Stat. 852, 853; Pub. L. 
104-147, Secs. 3-6, May 24, 1996, 110 Stat. 1376.)

                       References in Text

    Act approved July 2, 1862, referred to in subsec. (a), is act July 
2, 1862, ch. 130, 12 Stat. 503, as amended, popularly known as the 
``Morrill Act'' and also as the ``First Morrill Act'', which is 
classified generally to subchapter I (Sec. 301 et seq.) of chapter 13 of 
Title 7, Agriculture. For complete classification of this Act to the 
Code, see Short Title note set out under section 301 of Title 7 and 
Tables.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-147, Sec. 3, substituted ``2 non-
Federal dollars for every 1 Federal dollar'' for ``one non-Federal 
dollar for every Federal dollar during the fiscal years ending September 
30, 1985, and September 30, 1986, one and one-half non-Federal dollars 
for each Federal dollar during the fiscal years ending September 30, 
1987, and September 30, 1988, and two non-Federal dollars for each 
Federal dollar during the fiscal year ending September 30, 1989 and 
thereafter''.
    Subsec. (f)(1). Pub. L. 104-147, Sec. 4, substituted ``of $5,000,000 
for fiscal year 1996, $7,000,000 for each of fiscal years 1997 and 1998, 
and $9,000,000 for each of fiscal years 1999 and 2000'' for ``of 
$10,000,000 for each of the fiscal years ending September 30, 1989, 
through September 30, 1995,''.
    Subsec. (g)(1). Pub. L. 104-147, Sec. 5, substituted ``of $3,000,000 
for each of fiscal years 1996 through 2000'' for ``of $5,000,000 for 
each of the fiscal years 1991, 1992, 1993, 1994, and 1995''.
    Subsec. (h). Pub. L. 104-147, Sec. 6, added subsec. (h).
    1990--Subsec. (a). Pub. L. 101-397, Sec. 1(b), substituted 
``Federated States of Micronesia'' for ``Trust Territory of the Pacific 
Islands''.
    Subsec. (b). Pub. L. 101-397, Sec. 1(c), inserted ``promoting'' 
after ``for the purpose of'' in last sentence.
    Subsec. (b)(1). Pub. L. 101-397, Sec. 1(d), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``plan, 
conduct, or otherwise arrange for competent research with respect to 
water resources, including investigations and experiments of either a 
basic or practical nature, or both; promote the dissemination and 
application of the results of these efforts; and provide for the 
training of scientists and engineers through such research, 
investigations, and experiments, and''.
    Subsec. (c). Pub. L. 101-397, Sec. 1(e), substituted for period at 
end ``and thereafter, such sums to be used only for the reimbursement of 
the direct cost expenditures incurred for the conduct of the water 
resources research program.''
    Subsec. (e). Pub. L. 101-397, Sec. 1(f), amended subsec. (e) 
generally, substituting provisions directing that evaluation be 
conducted at least once every 5 years for provisions directing 
evaluation within two years after establishment of institute and at 
least once every four years thereafter and striking out provisions 
relating to composition and function of evaluation team and setting 
forth criteria for determination.
    Subsec. (f)(1). Pub. L. 101-397, Sec. 1(g), substituted ``September 
30, 1989, through September 30, 1995,'' for ``September 30, 1985, 
through September 30, 1989''.
    Subsec. (f)(2). Pub. L. 101-397, Sec. 1(h), substituted reference to 
subsec. (g) of this section for reference to section 10305 of this 
title.
    Subsec. (g). Pub. L. 101-397, Sec. 1(m), added subsec. (g).


     Contracts or Cooperative Agreements With National Laboratories

    Section 2 of Pub. L. 101-397 provided that:
    ``(a) The Secretary of the Interior, in consultation with the 
Secretary of Agriculture and the Administrator of the Environmental 
Protection Agency, is authorized to enter into contracts or cooperative 
agreements, as the Secretary deems appropriate, with national 
laboratories (including Los Alamos National Laboratory) to carry out 
water resources research, development, and demonstration projects within 
the authorities of Public Law 98-242 [42 U.S.C. 10301 et seq.] 
(including the effects of potential climate changes on surface and 
ground water quality and quantity and the elimination of contamination 
of ground water aquifers).
    ``(b) The water resources research authorized in this section shall 
be undertaken under such rules and regulations as the Secretary deems 
appropriate and shall be carried out in close consultation and 
collaboration with the institutes established pursuant to Public Law 98-
242 [42 U.S.C. 10301 et seq.], to the extent such research work affects 
the State in which the institute exists, and to the extent such 
institute agrees to consult and collaborate.
    ``(c) For the purposes of carrying out this section, there is 
authorized to be appropriated to the Secretary of the Interior the sum 
of $10,000,000 for each of the fiscal years 1991 through 1995.''

                  Section Referred to in Other Sections

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