
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5912]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 74--NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT
 
Sec. 5912. Water resource assessments


(a) Assessments by Water Resources Council of water resource 
        requirements and water supply availability for nonnuclear energy 
        technologies; preparation requirements

    The Water Resources Council shall undertake assessments of water 
resource requirements and water supply availability for any nonnuclear 
energy technology and any probable combinations of technologies which 
are the subject of Federal research and development efforts authorized 
by this chapter, and the commercial development of which could have 
significant impacts on water resources. In the preparation of its 
assessment, the Council shall--
        (1) utilize to the maximum extent practicable data on water 
    supply and demand available in the files of member agencies of the 
    Council;
        (2) collect and compile any additional data it deems necessary 
    for complete and accurate assessments;
        (3) give full consideration to the constraints upon availability 
    imposed by treaty, compact, court decree, State water laws, and 
    water rights granted pursuant to State and Federal law;
        (4) assess the effects of development of such technology on 
    water quality;
        (5) include estimates of cost associated with production and 
    management of the required water supply, and the cost of disposal of 
    waste water generated by the proposed facility or process;
        (6) assess the environmental, social, and economic impact of any 
    change in use of currently utilized water resource that may be 
    required by the proposed facility or process; and
        (7) consult with the Council on Environmental Quality.

(b) Request by Secretary that Water Resources Council prepare assessment 
        of availability of adequate water resources for proposed 
        demonstration projects; report; publication

    For any proposed demonstration project which may involve a 
significant impact on water resources, the Secretary shall, as a 
precondition of Federal assistance to that project, request the Water 
Resources Council to prepare an assessment of water requirements and 
availability for such project. A report on the assessment shall be 
published in the Federal Register for public review thirty days prior to 
the expenditure of Federal funds on the demonstration.

(c) Assessment by Water Resources Council of availability of adequate 
        water resources as precondition for Federal assistance for 
        commercial application of nonnuclear energy technologies

    For any proposed Federal assistance for commercial application of 
energy technologies pursuant to this chapter, the Water Resource \1\ 
Council shall, as a precondition of such Federal assistance, provide to 
the Secretary an assessment of the availability of adequate water 
resources for such commercial application and an evaluation of the 
environmental, social, and economic impacts of the dedication of water 
to such uses.
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    \1\ So in original. Probably should be ``Resources''.
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(d) Publication of reports of assessments and evaluations by Water 
        Resources Council in Federal Register; public review and 
        comments

    Reports of assessments and evaluations prepared by the Council 
pursuant to subsections (a) and (c) of this section shall be published 
in the Federal Register and at least ninety days shall be provided for 
public review and comment. Comments received shall accompany the reports 
when they are submitted to the Secretary and shall be available to the 
public.

(e) Inclusion of survey and analysis of regional and national water 
        resource availability in biennial assessment by Water Resources 
        Council

    The Council shall include a broad survey and analysis of regional 
and national water resource availability for energy development in the 
biennial assessment required by section 1962a-1(a) of this title.

(f) Secretary as member of Water Resources Council

    The Secretary shall, upon enactment of this subsection, be a member 
of the Council.

(Pub. L. 93-577, Sec. 13, Dec. 31, 1974, 88 Stat. 1893; Pub. L. 95-39, 
title I, Sec. 110, June 3, 1977, 91 Stat. 186; Pub. L. 95-91, title III, 
Sec. 301(a), title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 
607.)


                               Amendments

    1977--Subsec. (a). Pub. L. 95-39, Sec. 110(1), substituted ``The 
Water Resources Council'' for ``At the request of the Administrator, the 
Water Resources Council''.
    Subsec. (b). Pub. L. 95-39, Sec. 110(2), substituted ``the 
Administrator shall, as a precondition of Federal assistance to that 
project, request the Water Resources Council to prepare an assessment of 
water requirements and availability for such project'' for ``the 
Administrator shall, as a precondition of Federal assistance to that 
project, prepare or have prepared an assessment of the availability of 
adequate water resources''.
    Subsec. (f). Pub. L. 95-39, Sec. 110(3), added subsec. (f).

                          Transfer of Functions

    ``Secretary'', meaning Secretary of Energy, substituted for 
``Administrator'', meaning Administrator of Energy Research and 
Development Administration, in subsecs. (b) to (d) and (f) pursuant to 
sections 301(a), 703, and 707 of Pub. L. 95-91, which are classified to 
sections 7151(a), 7293, and 7297 of this title and which terminated 
Energy Research and Development Administration and transferred its 
functions and functions of Administrator thereof (with certain 
exceptions) to Secretary of Energy.
    Functions of Council on Environmental Quality and Office of 
Environmental Quality relating to evaluation provided for by section 
5910 of this title transferred to Administrator of Environmental 
Protection Agency by Reorg. Plan No. 1 of 1977, Sec. 5E, 42 F.R. 56101, 
91 Stat. 1634, set out in the Appendix to Title 5, Government 
Organization and Employees, effective Feb. 26, 1978, pursuant to Ex. 
Ord. No. 12040, Feb. 24, 1978, 43 F.R. 8097, formerly set out under 
section 5910 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5904, 5915 of this title.
