42 U.S.C. § 10303 — Water resources research and technology

Page 8034 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10303 panding needs for the production of food, ma- terials, and energy; (2) discover practical solutions to the Na- tion’s water and water resources related prob- lems, 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 utiliza- tion; (4) promote the interest of State and local governments as well as private industry in re- search and the development of technology that will reclaim waste water and to convert saline and other impaired waters to waters suitable for municipal, industrial, agricul- tural, recreational, and other beneficial uses; (5) promote more effective coordination of the Nation’s water resources research pro- gram; (6) promote the development of a cadre of trained research scientists, engineers, and technicians for future water resources prob- lems; and (7) encourage long-term planning and re- search 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.) Editorial Notes 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 chap- ter, the term ‘‘State’’ includes the Common- wealth 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 institu- tion 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 in- stitute in such State shall, in the absence of a designation to the contrary by act of the legisla- ture 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 re- gional institute, in which event the sums other- wise allocated to institutes in each of the co- operating States shall be paid to such single or regional institute. (b) Scope of research; other activities; coopera- tion 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 reli- ability; (B) the exploration of new ideas that— (i) address water problems; or (ii) expand understanding of water and water resources; (C) the entry of new research scientists, engineers, and technicians into water re- sources fields; 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 dem- onstrated capabilities for research, informa- tion dissemination, and graduate training in order to develop a statewide program designed to resolve State and regional water and re- lated land problems. Each institute shall also cooperate closely with other institutes and other organizations in the region to increase the effectiveness of the insti- tutes and for the purpose of promoting regional coordination. (c) Grants (1) In general From the sums appropriated pursuant to subsection (f), the Secretary shall make grants to each institute to be matched on a basis of no less than 1 non-Federal dollar for every 1 Federal dollar. (2) Report Not later than December 31 of each fiscal year, the Secretary shall submit to the Com- mittee on Environment and Public Works of the Senate, the Committee on the Budget of the Senate, the Committee on Transportation and Infrastructure of the House of Representa- tives, and the Committee on the Budget of the House of Representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year. (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 sub- section (f) of this section, each institute shall Page 8035 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10303 submit to the Secretary for his approval a water research program that includes assurances, sat- isfactory to the Secretary, that such program was developed in close consultation and collabo- ration with the director of that State’s depart- ment 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, train- ing, information dissemination, and other ac- tivities meeting the needs of the State and Na- tion, 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 pro- gram (1) In general The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 5 years to determine— (A) the quality and relevance of the water resources research of the institute; (B) the effectiveness of the institute at producing measured results and applied water supply research; and (C) whether the effectiveness of the insti- tute as an institution for planning, con- ducting, and arranging for research warrants continued support under this section. (2) Prohibition on further support If, as a result of an evaluation under para- graph (1), the Secretary determines that an in- stitute does not qualify for further support under this section, no further grants to the in- stitute may be provided until the qualifica- tions of the institute are 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 2022 through 2025. (2) Any sums appropriated under this sub- section but which fail to be obligated by the close of the fiscal year for which they were ap- propriated shall be transferred by the Secretary and available for obligation during the suc- ceeding fiscal year under the terms of sub- section (g) of this section. (g) Additional appropriations where research fo- cused on water problems of interstate nature (1) There is further authorized to be appro- priated to the Secretary of the Interior the sum of $3,000,000 for each of fiscal years 2022 through 2025 only for reimbursement of the direct cost expenses of additional research or synthesis of the results of research by institutes which fo- cuses on water problems and issues of a regional or interstate nature beyond those of concern only to a single State and which relate to spe- cific 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 avail- able under this subsection shall remain avail- able 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 oppor- tunity 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 depart- ments, agencies (including agencies within the Department of the Interior), and instru- mentalities 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 co- ordination with other Federal programs con- cerned 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 under- graduate and graduate levels to carry out the educational and training objectives of this chapter. (2) Reports The Secretary shall report to Congress annu- ally 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, includ- ing 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 deter- mining the effectiveness of, treatment tech- nologies and efficiencies. (3) Relationship to State rights Nothing in this chapter shall preempt the rights and authorities of any State with re- spect 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; Pub. L. 117–58, div. E, title II, § 50221, Nov. 15, 2021, 135 Stat. 1180.) Page 8036 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10303 Editorial Notes 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 Re- search 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 com- plete classification of this Act to the Code, see Short Title note set out under section 301 of Title 7 and Ta- bles. CODIFICATION In subsec. (h)(1)(C), ‘‘section 6101 of title 41’’ sub- stituted 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 2021—Subsec. (b)(1)(B)(ii). Pub. L. 117–58, § 50221(a)(1), substituted ‘‘water resources’’ for ‘‘water-related phe- nomena’’. Subsec. (b)(1)(D). Pub. L. 117–58, § 50221(a)(2), sub- stituted ‘‘; and’’ for period at end. Subsec. (c). Pub. L. 117–58, § 50221(b), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘From the sums appropriated pur- suant 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 re- imbursement of the direct cost expenditures incurred for the conduct of the water resources research pro- gram.’’ Subsec. (e). Pub. L. 117–58, § 50221(c), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: ‘‘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 ef- fectiveness 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 reestab- lished to the satisfaction of the Secretary.’’ Subsec. (f)(1). Pub. L. 117–58, § 50221(d), substituted ‘‘fiscal years 2022 through 2025’’ for ‘‘fiscal years 2007 through 2011’’. Subsec. (g)(1). Pub. L. 117–58, § 50221(e), substituted ‘‘$3,000,000 for each of fiscal years 2022 through 2025’’ for ‘‘$6,000,000 for each of fiscal years 2007 through 2011’’. 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 com- petent research that fosters (A) the entry of new re- search scientists into the water resources fields, (B) the training and education of future water scientists, engi- neers, and technicians, (C) the preliminary exploration of new ideas that address water problems or expand un- derstanding of water and water-related phenomena, and (D) the dissemination of research results to water man- agers 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 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 fis- cal 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 fis- cal 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 ‘‘Re- ports’’ 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 activi- ties 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 fis- cal 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 ‘‘pro- moting’’ 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 re- search with respect to water resources, including inves- tigations and experiments of either a basic or practical nature, or both; promote the dissemination and appli- cation 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 pe- riod 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 re- search program.’’ Subsec. (e). Pub. L. 101–397, § 1(f), amended subsec. (e) generally, substituting provisions directing that eval- uation be conducted at least once every 5 years for pro- visions directing evaluation within two years after es- tablishment of institute and at least once every four years thereafter and striking out provisions relating to composition and function of evaluation team and set- ting forth criteria for determination. Subsec. (f)(1). Pub. L. 101–397, § 1(g), substituted ‘‘Sep- tember 30, 1989, through September 30, 1995,’’ for ‘‘Sep- tember 30, 1985, through September 30, 1989’’. Page 8037 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10305 Subsec. (f)(2). Pub. L. 101–397, § 1(h), substituted ref- erence to subsec. (g) of this section for reference to sec- tion 10305 of this title. Subsec. (g). Pub. L. 101–397, § 1(m), added subsec. (g). Statutory Notes and Related Subsidiaries CONTRACTS OR COOPERATIVE AGREEMENTS WITH NATIONAL LABORATORIES Pub. L. 101–397, § 2, Sept. 28, 1990, 104 Stat. 854, pro- vided that: ‘‘(a) The Secretary of the Interior, in consultation with the Secretary of Agriculture and the Adminis- trator of the Environmental Protection Agency, is au- thorized to enter into contracts or cooperative agree- ments, as the Secretary deems appropriate, with na- tional laboratories (including Los Alamos National Laboratory) to carry out water resources research, de- velopment, and demonstration projects within the au- thorities 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 regu- lations 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 re- search work affects the State in which the institute ex- ists, 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 fis- cal years 1991 through 1995.’’ § 10304. Research concerning water resource-re- lated problems deemed to be in national in- terest (a) Grants; matching funds (1) In addition to the grants authorized by sec- tion 10303 of this title, the Secretary is author- ized 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 na- tional interest. Such grants shall be made with such advice and review by peer or other expert groups of appropriate interdisciplinary composi- tion 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 develop- ments 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 under- taken, the period during which it will be pur- sued, 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 re- search projects previously or currently being pursued, and the extent to which it will provide an opportunity for the training of water re- sources scientists. (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 Sep- tember 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.) Editorial Notes AMENDMENTS 1990—Subsec. (a)(3). Pub. L. 101–397, § 1(i), struck out par. (3) which read as follows: ‘‘In cases where the Sec- retary determines, in accordance with criteria estab- lished 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 addi- tion to those authorized under sections 10303 and 10304 of this title for technology development concerning any aspect of water resources includ- ing water-related technology which the Sec- retary may deem to be of State, regional, or na- tional importance. Activities funded under this section may be carried out by educational insti- tutions, private firms, foundations, individuals, or agencies of State or local government. Care shall be taken to protect proprietary informa- tion 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 re- quired 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 under- taken, the qualifications of the personnel who will direct and conduct it, facilities of the orga- nization performing any technology develop- ment, the importance of the project to the Na- tion, region, and State concerned, and the po- tential 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 Sep- tember 30, 1995; such sums to remain available until expended.