42 U.S.C. § 5912 — Water resource assessments

Page 6637 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5912 er of rights or grant of exclusive or partially exclusive license. Subsec. (i). Pub. L. 96–517 struck out subsec. (i) which related to publication in the Federal Register by the Administrator of waiver or license termination hearing requirements and availability of records. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–517 effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as a note under section 41 of Title 35, Patents. § 5909. Relationship to antitrust laws (a) Nothing in this chapter shall be deemed to convey to any individual, corporation, or other business organization immunity from civil or criminal liability, or to create defenses to ac- tions, under the antitrust laws. (b) As used in this section, the term ‘‘antitrust law’’ means— (1) the Act entitled ‘‘An Act to protect trade and commerce against unlawful restraints and monopolies’’, approved July 2, 1890 (15 U.S.C. 1 et seq.), as amended; (2) the Act entitled ‘‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’’, approved October 15, 1914 (15 U.S.C. 12 et seq.) as amend- ed; (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), as amended; (4) sections 73 and 74 of the Act entitled ‘‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’’, ap- proved August 27, 1894 (15 U.S.C. 8 and 9), as amended; and (5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21a). (Pub. L. 93–577, § 10, Dec. 31, 1974, 88 Stat. 1891.) Editorial Notes REFERENCES IN TEXT Act of July 2, 1890, referred to in subsec. (b)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. Act of October 15, 1914, referred to in subsec. (b)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clay- ton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Ta- bles. The Federal Trade Commission Act (15 U.S.C. 41 et seq.), as amended, referred to in subsec. (b)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables. Act of June 19, 1936, chapter 592, referred to in subsec. (b)(5), is act June 19, 1936, ch. 592, 49 Stat. 1526, popu- larly known as the Robinson-Patman Antidiscrimina- tion Act and also as the Robinson-Patman Price Dis- crimination Act, which enacted sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and amended sec- tion 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 13 of Title 15 and Tables. § 5910. Repealed. Pub. L. 104–66, title II, § 2021(i), Dec. 21, 1995, 109 Stat. 727 Section, Pub. L. 93–577, § 11, Dec. 31, 1974, 88 Stat. 1892; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; 1977 Reorg. Plan No. 1, § 5E, 42 F.R. 56101, 91 Stat. 1634, related to environmental evaluations by Administrator of Environmental Pro- tection Agency. § 5911. Acquisition of essential materials (a) The President may, by rule or order, re- quire the allocation of, or the performance under contracts or orders (other than contracts of employment) relating to, supplies of mate- rials and equipment if he finds that— (1) such supplies are scarce, critical, and es- sential to carry out the purposes of this chap- ter; and (2) such supplies cannot reasonably be ob- tained without exercising the authority grant- ed by this section. (b) A rule or order under subsection (a) shall be considered to be a major rule subject to chap- ter 8 of title 5. (Pub. L. 93–577, § 12, Dec. 31, 1974, 88 Stat. 1892; Pub. L. 109–58, title X, § 1009(b)(8), Aug. 8, 2005, 119 Stat. 935.) Editorial Notes AMENDMENTS 2005—Subsec. (b). Pub. L. 109–58 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The President shall transmit any rule or order proposed under subsection (a) of this section (bearing an identification number) to each House of Congress on the date on which it is proposed. If such proposed rule or order is transmitted to the Congress such proposed rule or order shall take effect at the end of the first pe- riod of thirty calendar days of continuous session of Congress after the date on which such proposed rule or order is transmitted to it unless, between the date of transmittal and the end of the thirty day period, either House passes a resolution stating in substance that such House does not favor such a proposed rule or order.’’ § 5912. Water resource assessments (a) Assessments by Water Resources Council of water resource requirements and water sup- ply availability for nonnuclear energy tech- nologies; preparation requirements The Water Resources Council shall undertake assessments of water resource requirements and water supply availability for any nonnuclear en- ergy 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 assess- ment, the Council shall— (1) utilize to the maximum extent prac- ticable 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 as- sessments; (3) give full consideration to the constraints upon availability imposed by treaty, compact, Page 6638 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5913 1 So in original. Probably should be ‘‘Resources’’. 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 eco- nomic impact of any change in use of cur- rently utilized water resource that may be re- quired by the proposed facility or process; and (7) consult with the Council on Environ- mental Quality. (b) Request by Secretary that Water Resources Council prepare assessment of availability of adequate water resources for proposed dem- onstration projects; report; publication For any proposed demonstration project which may involve a significant impact on water re- sources, the Secretary shall, as a precondition of Federal assistance to that project, request the Water Resources Council to prepare an assess- ment 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 com- mercial application of nonnuclear energy technologies For any proposed Federal assistance for com- mercial application of energy technologies pur- suant to this chapter, the Water Resource 1 Council shall, as a precondition of such Federal assistance, provide to the Secretary an assess- ment of the availability of adequate water re- sources for such commercial application and an evaluation of the environmental, social, and economic impacts of the dedication of water to such uses. (d) Publication of reports of assessments and evaluations by Water Resources Council in Federal Register; public review and com- ments Reports of assessments and evaluations pre- pared by the Council pursuant to subsections (a) and (c) shall be published in the Federal Reg- ister and at least ninety days shall be provided for public review and comment. Comments re- ceived 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 bien- nial 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, § 13, Dec. 31, 1974, 88 Stat. 1893; Pub. L. 95–39, title I, § 110, June 3, 1977, 91 Stat. 186; Pub. L. 109–58, title X, § 1009(b)(9), Aug. 8, 2005, 119 Stat. 935.) Editorial Notes AMENDMENTS 2005—Subsecs. (b) to (d), (f). Pub. L. 109–58 substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1977—Subsec. (a). Pub. L. 95–39, § 110(1), substituted ‘‘The Water Resources Council’’ for ‘‘At the request of the Administrator, the Water Resources Council’’. Subsec. (b). Pub. L. 95–39, § 110(2), substituted ‘‘the Administrator shall, as a precondition of Federal as- sistance to that project, request the Water Resources Council to prepare an assessment of water require- ments and availability for such project’’ for ‘‘the Ad- ministrator shall, as a precondition of Federal assist- ance to that project, prepare or have prepared an as- sessment of the availability of adequate water re- sources’’. Subsec. (f). Pub. L. 95–39, § 110(3), added subsec. (f). Executive Documents TRANSFER OF FUNCTIONS 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, § 5E, 42 F.R. 56101, 91 Stat. 1634, set out in the Appendix to Title 5, Government Or- ganization and Employees, effective Feb. 26, 1978, pur- suant to Ex. Ord. No. 12040, Feb. 24, 1978, 43 F.R. 8097, formerly set out under section 5910 of this title. § 5913. Evaluation by National Institute of Stand- ards and Technology of energy-related inven- tions prior to awarding of grants by Sec- retary; promulgation of regulations The National Institute of Standards and Tech- nology shall give particular attention to the evaluation of all promising energy-related in- ventions, particularly those submitted by indi- vidual inventors and small companies for the purpose of obtaining direct grants from the Sec- retary. The National Institute of Standards and Technology is authorized to promulgate regula- tions in the furtherance of this section. (Pub. L. 93–577, § 14, Dec. 31, 1974, 88 Stat. 1894; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘National Bureau of Standards’’ in two places. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary’’, meaning Secretary of Energy, sub- stituted in text for ‘‘Administrator’’, meaning Admin- istrator of Energy Research and Development Adminis-