42 U.S.C. § 10302 — Congressional declaration of purpose

Page 8033 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10302 States of the High Plains region, is authorized and di- rected to monitor the levels of the Ogallala aquifer, and report biennially to Congress. [As amended Pub. L. 104–66, title I, § 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 under- taken under this title. [As amended Pub. L. 104–66, title I, § 1082(a)(2), Dec. 21, 1995, 109 Stat. 721.] ‘‘ ‘SEC. 309. (a) For each of the fiscal years ending Sep- tember 30, 1987, through September 30, 1995, the fol- lowing sums are authorized to be appropriated to the Secretary to implement the following sections of this title, and such sums shall remain available until ex- pended: ‘‘ ‘(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 dis- tribution to the States of the High Plains region shall be distributed equally among the States.’ ’’ [As amend- ed Pub. L. 101–397, § 1(o), Sept. 28, 1990, 104 Stat. 854.] [For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 17th and 18th items on page 72 identify reporting provisions which, as subsequently amended, are contained in sections 306 and 308 of Pub. L. 98–242, set out in the note above), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.] DESALTING PLANTS Pub. L. 95–84, § 2, Aug. 2, 1977, 91 Stat. 400; Pub. L. 95–467, title II, § 205(a), (b), Oct. 17, 1978, 92 Stat. 1311; Pub. L. 96–457, § 3, Oct. 15, 1980, 94 Stat. 2032; Pub. L. 98–242, title I, § 110(a), Mar. 22, 1984, 98 Stat. 101, pro- vided 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 Com- monwealth 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 brack- ish ground water: And provided further, That the plants constructed pursuant to this section shall be for the purpose of showing that the technology being dem- onstrated is ready for application; such plants shall be sufficient to demonstrate the specific application of the technology, and shall be significantly different in oper- ation and process so as not to duplicate any other dem- onstration plant constructed pursuant to this section. The Secretary is further authorized to conduct such demonstrations or any portion thereof by means of co- operative agreements (as defined and authorized by [former] 41 U.S.C. 504 et seq. (the Federal Grant and Co- operative Agreement Act of 1977; Public Law 95–224) [see 31 U.S.C. 6301 et seq.]) with duly authorized non- Federal public entities. Title to demonstration facili- ties 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 ex- pended until thirty calendar days (excluding days on which either the House of Representatives or the Sen- ate 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 Natural Resources] of the House of Rep- resentatives and the chairman of the Committee on En- vironment and Public Works of the United States Sen- ate. Such report shall present information that in- cludes, but is not limited to, how the plant being pro- posed 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 prob- able cost, the capacity of the plant, the initial invest- ment cost of the demonstration plant, the annual oper- ating cost of the demonstration plant, the source of en- ergy 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 amorti- zation of all components of the demonstration plant and ancillary facilities. Such report shall be accom- panied by a proposed contract (or cooperative agree- ment) 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, nec- essary water rights, water supplies, rights-of-way, power source interconnections, brine disposal facilities, land, construction, ancillary facilities, and the oper- ation 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 Sec- retary in the construction and the operation and main- tenance of such demonstration, access to the dem- onstration and its operating data will not be denied to the Secretary or his representatives. The period of par- ticipation by the Secretary in the operation and main- tenance 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 demonstra- tion project to the non-Federal public entity. ‘‘(c) There is authorized to be appropriated, to remain available until expended, for the fiscal year ending Sep- tember 30, 1978, and thereafter, the sum of $50,000,000 to finance the total Federal share of the cost of the dem- onstration 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, con- struction, 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, construc- tion, or operation and maintenance of any demonstra- tion plant authorized under this Act [this note], the Secretary may, in connection with such design, con- struction, or operation and maintenance, enter into contracts and cooperative agreements for miscella- neous 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 Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.] § 10302. Congressional declaration of purpose It is the purpose of this chapter to assist the Nation and the States in augmenting their water resources science and technology as a way to— (1) assure supplies of water sufficient in quantity and quality to meet the Nation’s ex- 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