Notes on 42 U.S.C. § 10301 : US Code - Notes

Search Notes on 42 U.S.C. § 10301 : US Code - Notes

(Pub. L. 98-242, title I, Sec. 102, Mar. 22, 1984, 98 Stat. 97;
Pub. L. 104-147, Sec. 1, May 24, 1996, 110 Stat. 1375.)
AMENDMENTS
1996 - Par. (2). Pub. L. 104-147, Sec. 1(1), inserted ",
productivity of natural resources and agricultural systems," after
"environmental quality".
Pars. (8), (9). Pub. L. 104-147, Sec. 1(2)-(4), added pars. (8)
and (9).
SHORT TITLE
Section 101 of Pub. L. 98-242 provided that: "This Act [enacting
this chapter, repealing sections 7801, 7802, 7811 to 7819, 7831 to
7835, 7851 to 7853, and 7871 to 7883 of this title, and enacting
provisions set out as a note under section 7801 of this title] may
be cited as the 'Water Resources Research Act of 1984'."
SAVINGS PROVISION
Rules and regulations issued prior to Mar. 22, 1984, under Pub.
L. 95-467 [chapter 87 of this title] to remain in full force and
effect under this chapter until superseded by new rules and
regulations promulgated under this chapter, see section 110(b) of
Pub. L. 98-242, set out as a note under section 7801 of this title.
DESALINATION RESEARCH, STUDIES, AND DEMONSTRATION PROJECTS
Pub. L. 104-298, Oct. 11, 1996, 110 Stat. 3622, as amended by
Pub. L. 108-7, div. D, title II, Sec. 210, Feb. 20, 2003, 117 Stat.
146; Pub. L. 109-13, div. A, title VI, Sec. 6015, May 11, 2005, 119
Stat. 284; Pub. L. 109-103, title II, Sec. 206, Nov. 19, 2005, 119
Stat. 2268, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Water Desalination Act of 1996'.
"SEC. 2. DEFINITIONS.
"As used in this Act:
"(1) Desalination or desalting. - The terms 'desalination' or
'desalting' mean the use of any process or technique for the
removal and, when feasible, adaptation to beneficial use, of
organic and inorganic elements and compounds from saline or
biologically impaired waters, by itself or in conjunction with
other processes.
"(2) Saline water. - The term 'saline water' means sea water,
brackish water, and other mineralized or chemically impaired
water.
"(3) United states. - The term 'United States' means the States
of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and the territories and possessions of the United
States.
"(4) Usable water. - The term 'usable water' means water of a
high quality suitable for environmental enhancement,
agricultural, industrial, municipal, and other beneficial
consumptive or nonconsumptive uses.
"(5) Secretary. - The term 'Secretary' means the Secretary of
the Interior.
"SEC. 3. AUTHORIZATION OF RESEARCH AND STUDIES.
"(a) In General. - In order to determine the most cost-effective
and technologically efficient means by which usable water can be
produced from saline water or water otherwise impaired or
contaminated, the Secretary is authorized to award grants and to
enter into contracts, to the extent provided in advance in
appropriation Acts, to conduct, encourage, and assist in the
financing of research to develop processes for converting saline
water into water suitable for beneficial uses. Awards of research
grants and contracts under this section shall be made on the basis
of a competitive, merit-reviewed process. Research and study topics
authorized by this section include -
"(1) investigating desalination processes;
"(2) ascertaining the optimum mix of investment and operating
costs;
"(3) determining the best designs for different conditions of
operation;
"(4) investigating methods of increasing the economic
efficiency of desalination processes through dual-purpose co-
facilities with other processes involving the use of water;
"(5) conducting or contracting for technical work, including
the design, construction, and testing of pilot systems and test
beds, to develop desalting processes and concepts;
"(6) studying methods for the recovery of byproducts resulting
from desalination to offset the costs of treatment and to reduce
environmental impacts from those byproducts; and
"(7) salinity modeling and toxicity analysis of brine
discharges, cost reduction strategies for constructing and
operating desalination facilities, and the horticultural effects
of desalinated water used for irrigation.
"(b) Project Recommendations and Reports to the Congress. - As
soon as practicable and within three years after the date of
enactment of this Act [Oct. 11, 1996], the Secretary shall
recommend to Congress desalination demonstration projects or full-
scale desalination projects to carry out the purposes of this Act
and to further evaluate and implement the results of research and
studies conducted under the authority of this section.
Recommendations for projects shall be accompanied by reports on the
engineering and economic feasibility of proposed projects and their
environmental impacts.
"(c) Authority To Engage Others. - In carrying out research and
studies authorized in this section, the Secretary may engage the
necessary personnel, industrial or engineering firms, Federal
laboratories, water resources research and technology institutes,
other facilities, and educational institutions suitable to conduct
investigations and studies authorized under this section.
"(d) Alternative Technologies. - In carrying out the purposes of
this Act, the Secretary shall ensure that at least three separate
technologies are evaluated and demonstrated for the purposes of
accomplishing desalination.
"SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT.
"(a) In General. - In order to further demonstrate the
feasibility of desalination processes investigated either
independently or in research conducted pursuant to section 3, the
Secretary shall administer and conduct a demonstration and
development program for water desalination and related activities,
including the following:
"(1) Desalination plants and modules. - Conduct or contract for
technical work, including the design, construction, and testing
of plants and modules to develop desalination processes and
concepts.
"(2) Byproducts. - Study methods for the marketing of
byproducts resulting from the desalting of water to offset the
costs of treatment and to reduce environmental impacts of those
byproducts.
"(3) Economic surveys. - Conduct economic studies and surveys
to determine present and prospective costs of producing water for
beneficial purposes in various locations by desalination
processes compared to other methods.
"(b) Cooperative Agreements. - Federal participation in
desalination activities may be conducted through cooperative
agreements, including cost-sharing agreements, with non-Federal
public utilities and State and local governmental agencies and
other entities, in order to develop recommendations for Federal
participation in processes and plants utilizing desalting
technologies for the production of water.
"SEC. 5. AVAILABILITY OF INFORMATION.
"All information from studies sponsored or funded under authority
of this Act shall be considered public information.
"SEC. 6. TECHNICAL AND ADMINISTRATIVE ASSISTANCE.
"The Secretary may -
"(1) accept technical and administrative assistance from States
and public or private agencies in connection with studies,
surveys, location, construction, operation, and other work
relating to the desalting of water, and
"(2) enter into contracts or agreements stating the purposes
for which the assistance is contributed and providing for the
sharing of costs between the Secretary and any such agency.
"SEC. 7. COST SHARING.
"The Federal share of the cost of a research, study, or
demonstration project or a desalination development project or
activity carried out under this Act shall not exceed 50 percent of
the total cost of the project or research or study activity. A
Federal contribution in excess of 25 percent for a project carried
out under this Act may not be made unless the Secretary determines
that the project is not feasible without such increased Federal
contribution. The Secretary shall prescribe appropriate procedures
to implement the provisions of this section. Costs of operation,
maintenance, repair, and rehabilitation of facilities funded under
the authority of this Act shall be non-Federal responsibilities.
"SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
"(a) Section 3. - There are authorized to be appropriated to
carry out section 3 of this Act $5,000,000 per year for fiscal
years 1997 through 2006. Of these amounts, up to $1,000,000 in each
fiscal year may be awarded to institutions of higher education,
including United States-Mexico binational research foundations and
interuniversity research programs established by the two countries,
for research grants without any cost-sharing requirement.
"(b) Section 4. - There are authorized to be appropriated to
carry out section 4 of this Act $25,000,000 for fiscal years 1997
through 2006.
"SEC. 9. CONSULTATION.
"In carrying out the provisions of this Act, the Secretary shall
consult with the heads of other Federal agencies, including the
Secretary of the Army, which have experience in conducting
desalination research or operating desalination facilities. The
authorization provided for in this Act shall not prohibit other
agencies from carrying out separately authorized programs for
desalination research or operations."
OGALLALA AQUIFER
Pub. L. 99-662, title XI, Sec. 1121, Nov. 17, 1986, 100 Stat.
4239, provided that:
"(a) The Congress finds that -
"(1) the Ogallala aquifer lies beneath, and provides needed
water supplies to, the 8 States of the High Plains Region:
Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,
Texas, and Wyoming;
"(2) the High Plains region has become an important source of
agricultural commodities and livestock for domestic and
international markets, providing 15 percent of the Nation's
supply of wheat, corn, feed grains, sorghum, and cotton, plus 38
percent of the value of livestock raised in the United States;
and
"(3) annual precipitation in the High Plains region ranges from
15 to 22 inches, providing inadequate supplies of surface water
and recharging of the Ogallala aquifer needed to sustain the
agricultural productivity and economic vitality of the High
Plains region.
"(b) It is, therefore, the purpose of this section to establish a
comprehensive research and development program to assist those
portions of the High Plains region dependent on water from the
Ogallala aquifer to -
"(1) plan for the development of an adequate supply of water in
the region;
"(2) develop and provide information and technical assistance
concerning water-conservation management practices to
agricultural producers in the region;
"(3) examine alternatives for the development of an adequate
supply of water for the region; and
"(4) develop water-conservation management practices which are
efficient for agricultural producers in the region.
"(c) The Water Resources Research Act [of 1984] (Public Law 98-
242) [see Short Title note above] is amended by adding at the end
thereof the following new title:
"TITLE III - OGALLALA AQUIFER RESEARCH AND DEVELOPMENT
"Sec. 301. (a) There is hereby established the High Plains Study
Council composed of -
"(1) the Governor of each State of the High Plains region
(defined for the purposes of this title as the States of
Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,
Texas, and Wyoming and referred to hereinafter in this title as
the 'High Plains region'), or a designee of the Governor;
"(2) a representative of the Department of Agriculture; and
"(3) a representative of the Secretary.
"(b) The Council established pursuant to this section shall -
"(1) review research work being performed by each State
committee established under section 302 of this Act; and
"(2) coordinate such research efforts to avoid duplication of
research and to assist in the development of research plans
within each State of the High Plains region that will benefit the
research needs of the entire region.
"Sec. 302. (a) The Secretary shall establish within each State of
the High Plains region an Ogallala aquifer technical advisory
committee (hereinafter in this title referred to as the 'State
committee'). Each State committee shall be composed of no more than
seven members, including -
"(1) a representative of the United States Department of
Agriculture;
"(2) a representative of the Secretary; and
"(3) at the appointment of the Governor of the State, five
representatives from agencies of that State having jurisdiction
over water resources, the agricultural community, the State Water
Research Institute (as designated under this Act [see Short Title
note above]), and others with a special interest or expertise in
water resources.
"(b) The State committee established pursuant to subsection (a)
of this section shall -
"(1) review existing State laws and institutions concerning
water management and, where appropriate, recommend changes to
improve State or local management capabilities and more
efficiently use the waters of such State, if such a review is not
already being undertaken by the State;
"(2) establish, in coordination with other State committees,
State priorities for research and demonstration projects
involving water resources; and
"(3) provide public information, education, extension, and
technical assistance on the need for water conservation and
information on proven and cost-effective water management.
"(c) Each State committee established pursuant to this section
shall elect a chairman, and shall meet at least once every three
months at the call of the chairman, unless the chairman determines,
after consultation with a majority of the members of the committee,
that such a meeting is not necessary to achieve the purposes of
this section.
"Sec. 303. The Secretary shall annually allocate among the States
of the High Plains region funds authorized to be appropriated for
this section for research in -
"(1) water-use efficiency;
"(2) cultural methods;
"(3) irrigation technologies;
"(4) water-efficient crops; and
"(5) water and soil conservation.
Funds distributed under this section shall be allocated to each
State committee for use by institutions of higher education within
each State. To qualify for funds under this section an institution
of higher education shall submit a proposal to the State committee
describing the costs, methods, and goals of the proposed research.
Proposals shall be selected by the State committee on the basis of
merit.
"Sec. 304. The Secretary shall annually divide funds authorized
to be appropriated under this section among the States of the High
Plains region for research into -
"(1) precipitation management;
"(2) weather modification;
"(3) aquifer recharge opportunities;
"(4) saline water uses;
"(5) desalinization technologies;
"(6) salt tolerant crops; and
"(7) ground water recovery.
Funds distributed under this section shall be allocated by the
Secretary to the State committee for distribution to institutions
of higher education within such State. To qualify for a grant under
this section, an institution of higher education shall submit a
research proposal to the State committee describing the costs,
methods, and goals of the proposed research. Proposals shall be
selected by the State committee on the basis of merit.
"Sec. 305. The Secretary shall annually allocate among the States
of the High Plains region funds authorized to be appropriated under
this section for grants to farmers for demonstration projects for -

"(1) water-efficient irrigation technologies and practices;
"(2) soil and water conservation management systems; and
"(3) the growing and marketing of more water-efficient crops.
Grants under this section shall be made by each State committee in
amounts not to exceed 85 percent of the cost of each demonstration
project. To qualify for a grant under this section, a farmer shall
submit a proposal to the State committee describing the costs,
methods, and goals of the proposed project. Proposals shall be
selected by the State committee on the basis of merit. Each State
committee shall monitor each demonstration project to assure proper
implementation and make the results of the project available to
other State committees.
"Sec. 306. The Secretary, acting through the United States
Geological Survey and in cooperation with the States of the High
Plains region, is authorized and directed to monitor the levels of
the Ogallala aquifer, and report biennially to Congress. (As
amended Pub. L. 104-66, title I, Sec. 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 undertaken under this title. (As amended Pub. L. 104-
66, title I, Sec. 1082(a)(2), Dec. 21, 1995, 109 Stat. 721.)
"Sec. 309. (a) For each of the fiscal years ending September 30,
1987, through September 30, 1995, the following sums are authorized
to be appropriated to the Secretary to implement the following
sections of this title, and such sums shall remain available until
expended:
"(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 distribution to
the States of the High Plains region shall be distributed equally
among the States." (As amended Pub. L. 101-397, Sec. 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, Sec. 2, Aug. 2, 1977, 91 Stat. 400; Pub. L. 95-
467, title II, Sec. 205(a), (b), Oct. 17, 1978, 92 Stat. 1311;
Pub. L. 96-457, Sec. 3, Oct. 15, 1980, 94 Stat. 2032; Pub. L. 98-
242, title I, Sec. 110(a), Mar. 22, 1984, 98 Stat. 101, provided
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 Commonwealth 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 brackish
ground water: And provided further, That the plants constructed
pursuant to this section shall be for the purpose of showing that
the technology being demonstrated is ready for application; such
plants shall be sufficient to demonstrate the specific application
of the technology, and shall be significantly different in
operation and process so as not to duplicate any other
demonstration plant constructed pursuant to this section. The
Secretary is further authorized to conduct such demonstrations or
any portion thereof by means of cooperative agreements (as defined
and authorized by 41 U.S.C. 504 et seq. (the Federal Grant and
Cooperative Agreement Act of 1977; Public Law 95-224)) [31 U.S.C.
6301 et seq.] with duly authorized non-Federal public entities.
Title to demonstration facilities 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 expended until thirty calendar
days (excluding days on which either the House of Representatives
or the Senate 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 Resources] of the
House of Representatives and the chairman of the Committee on
Environment and Public Works of the United States Senate. Such
report shall present information that includes, but is not limited
to, how the plant being proposed 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 probable cost, the capacity
of the plant, the initial investment cost of the demonstration
plant, the annual operating cost of the demonstration plant, the
source of energy 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 amortization of all
components of the demonstration plant and ancillary facilities.
Such report shall be accompanied by a proposed contract (or
cooperative agreement) 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, necessary water rights, water supplies, rights-of-
way, power source interconnections, brine disposal facilities,
land, construction, ancillary facilities, and the operation 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
Secretary in the construction and the operation and maintenance of
such demonstration, access to the demonstration and its operating
data will not be denied to the Secretary or his representatives.
The period of participation by the Secretary in the operation and
maintenance 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 demonstration project to the non-Federal public entity.
"(c) There is authorized to be appropriated, to remain available
until expended, for the fiscal year ending September 30, 1978, and
thereafter, the sum of $50,000,000 to finance the total Federal
share of the cost of the demonstration 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, construction,
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, construction, or operation and maintenance
of any demonstration plant authorized under this Act [this note],
the Secretary may, in connection with such design, construction, or
operation and maintenance, enter into contracts and cooperative
agreements for miscellaneous 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 Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.]
(!1) So in original. The word "and" probably should not appear.