CHAPTER 109 - WATER RESOURCES RESEARCH

Title 42 > CHAPTER 109

Sections (19)

§ 10301 Congressional findings and declarations

The Congress finds and declares that— the existence of an adequate supply of water of good quality for the production of materials and energy for the Nation’s needs and for the efficient use of the Nation’s energy and water resources is essential to national economic stability and growth, and to the well-being of the people; the management of water resources is closely related to maintaining environmental quality, productivity of natural resources and agricultural systems, and social well-being; there is an increasing threat of impairment to the quantity and quality of surface and groundwater resources; the Nation’s capabilities for technological assessment and planning and for policy formulation for water resources must be strengthened at the Federal, State, and local governmental levels; there should be a continuing national investment in water and related research and technology commensurate with growing national needs; it is necessary to provide for the research and development of technology for the conversion of saline and other impaired waters to a quality suitable for municipal, industrial, agricultural, recreational, and other beneficial uses; the Nation must provide programs to strengthen research and associated graduate education because the pool of scientists, engineers, and technicians trained in fields related to water resources constitutes an invaluable natural resource which should be increased, fully utilized, and regularly replenished; and 1 long-term planning and policy development are essential to ensure the availability of an abundant supply of high quality water for domestic and other uses; and the States must have the research and problem-solving capacity necessary to effectively manage their water resources. ( Pub. L. 98–242, title I, § 102 , Mar. 22, 1984 , 98 Stat. 97 ; Pub. L. 104–147, § 1 , May 24, 1996 , 110 Stat. 1375 .)

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Water Desalination Act of 1996’.

“SEC. 2 DEFINITIONS.

“As used in this Act: 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. The term ‘saline water’ means sea water, brackish water, and other mineralized or chemically impaired water. 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. The term ‘usable water’ means water of a high quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses. 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— investigating desalination processes; ascertaining the optimum mix of investment and operating costs; determining the best designs for different conditions of operation; investigating methods of increasing the economic efficiency of desalination processes through dual-purpose co-facilities with other processes involving the use of water; conducting or contracting for technical work, including the design, construction, and testing of pilot systems and test beds, to develop desalting processes and concepts; studying methods for the recovery of byproducts resulting from desalination to offset the costs of treatment and to reduce environmental impacts from those byproducts; 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; development of metrics to analyze the costs and benefits of desalination relative to other sources of water (including costs and benefits related to associated infrastructure, energy use, environmental impacts, and diversification of water supplies); and development of design and siting specifications that avoid or minimize, adverse economic and environmental impacts.

(“(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.

(“(e) Prioritization.— In carrying out this section, the Secretary shall prioritize funding for research— to reduce energy consumption and lower the cost of desalination, including chloride control; to reduce the environmental impacts of seawater desalination and develop technology and strategies to minimize those impacts; to improve existing reverse osmosis and membrane technology; to carry out basic and applied research on next generation desalination technologies, including improved energy recovery systems and renewable energy-powered desalination systems that could significantly reduce desalination costs; to develop portable or modular desalination units capable of providing temporary emergency water supplies for domestic or military deployment purposes; and to develop and promote innovative desalination technologies, including chloride control, identified by the Secretary.

“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: Conduct or contract for technical work, including the design, construction, and testing of plants and modules to develop desalination processes and concepts, including modules specifically designed for brine management. Subject to the requirements of this subsection, the Secretary of the Interior may participate in an eligible desalination project in an amount equal to not more than 25 percent of the total cost of the eligible desalination project. The term ‘eligible desalination project’ means any project in a Reclamation State, that— involves an ocean or brackish water desalination facility either constructed, operated and maintained; or sponsored by any State, department of a State, subdivision of a State or public agency organized pursuant to a State law; and provides a Federal benefit in accordance with the reclamation laws (including regulations). Participation by the Secretary of the Interior in an eligible desalination project under this subsection shall not occur unless— the project is included in a state-approved plan or federal participation has been requested by the Governor of the State in which the eligible desalination project is located; and the State or local sponsor determines, and the Secretary of the Interior concurs, that— the eligible desalination project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws; sufficient non-Federal funding is available to complete the eligible desalination project; and the eligible desalination project sponsors are financially solvent; and the Secretary of the Interior submits to Congress a written notification of these determinations within 30 days of making such determinations. When participating in an eligible desalination project under this subsection, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). When participating in an eligible desalination project under this subsection, the Secretary of the Interior— may rely on reports prepared by the sponsor of the eligible desalination project, including feasibility (or equivalent) studies, environmental analyses, and other pertinent reports and analyses; but shall retain responsibility for making the independent determinations described in subparagraph (C). $30,000,000 of funding is authorized to remain available until expended; and Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to this subsection and transmits such recommendations to the appropriate committees of Congress. 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. 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.

(“(c) Prioritization.— In carrying out demonstration and development activities under this section, the Secretary shall prioritize projects— for the benefit of drought-stricken States and communities; for the benefit of States that have authorized funding for research and development of desalination technologies and projects; that can reduce reliance on imported water supplies that have an impact on species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); and that demonstrably leverage the experience of international partners with considerable expertise in desalination, such as the State of Israel.

(“(d) Water Production.— The Secretary shall provide, as part of the annual budget submission to Congress, an estimate of how much water has been produced and delivered in the past fiscal year using processes and facilities developed or demonstrated using assistance provided under sections 3 and 4. This submission shall include, to the extent practicable, available information on a detailed water accounting by process and facility and the cost per acre foot of water produced and delivered.

“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— 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 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 $5,000,000peryearforfiscalyears1997through2021.Oftheseamounts,upto$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 $20,000,000 for each of fiscal years 2022 through 2026, in addition to the authorization of appropriations for projects in section 4(a)(2)(F).

“SEC. 9 CONSULTATION AND COORDINATION.

(“(a) 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.

(“(b) Coordination of Federal Desalination Research and Development.— The White House Office of Science and Technology Policy shall develop a coordinated strategic plan that— establishes priorities for future Federal investments in desalination; coordinates the activities of Federal agencies involved in desalination, including the Bureau of Reclamation, the Corps of Engineers, the United States Army Tank Automotive Research, Development and Engineering Center, the National Science Foundation, the Office of Naval Research of the Department of Defense, the National Laboratories of the Department of Energy, the United States Geological Survey, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration; strengthens research and development cooperation with international partners, such as the State of Israel, in the area of desalination technology; and promotes public-private partnerships to develop a framework for assessing needs for, and to optimize siting and design of, future ocean desalination projects.

(“(c) Other Desalination Programs.— The authorization provided for in this Act shall not prohibit other agencies from carrying out separately authorized programs for desalination research or operations.”

§ 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— assure supplies of water sufficient in quantity and quality to meet the Nation’s expanding needs for the production of food, materials, and energy; discover practical solutions to the Nation’s water and water resources related problems, particularly those problems related to impaired water quality; assure the protection and enhancement of environmental and social values in connection with water resources management and utilization; promote the interest of State and local governments as well as private industry in research and the development of technology that will reclaim waste water and to convert saline and other impaired waters to waters suitable for municipal, industrial, agricultural, recreational, and other beneficial uses; promote more effective coordination of the Nation’s water resources research program; promote the development of a cadre of trained research scientists, engineers, and technicians for future water resources problems; and encourage long-term planning and research 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 .)

§ 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 chapter, the term “State” includes the Commonwealth 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 institution 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 institute in such State shall, in the absence of a designation to the contrary by act of the legislature 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 regional institute, in which event the sums otherwise allocated to institutes in each of the cooperating States shall be paid to such single or regional institute.

(b) Scope of research; other activities; cooperation and coordination Each institute shall— plan, conduct, or otherwise arrange for competent applied and peer reviewed research that fosters— improvements in water supply reliability; the exploration of new ideas that— address water problems; or expand understanding of water and water resources; the entry of new research scientists, engineers, and technicians into water resources fields; and the dissemination of research results to water managers and the public; and cooperate closely with other colleges and universities in the State that have demonstrated capabilities for research, information dissemination, and graduate training in order to develop a statewide program designed to resolve State and regional water and related land problems. Each institute shall also cooperate closely with other institutes and other organizations in the region to increase the effectiveness of the institutes and for the purpose of promoting regional coordination.

(c) Grants 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. Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee 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 Representatives, 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 subsection (f) of this section, each institute shall submit to the Secretary for his approval a water research program that includes assurances, satisfactory to the Secretary, that such program was developed in close consultation and collaboration with the director of that State’s department 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, training, information dissemination, and other activities meeting the needs of the State and Nation, 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 program The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 5 years to determine— the quality and relevance of the water resources research of the institute; the effectiveness of the institute at producing measured results and applied water supply research; and whether the effectiveness of the institute as an institution for planning, conducting, and arranging for research warrants continued support under this section. If, as a result of an evaluation under paragraph (1), the Secretary determines that an institute does not qualify for further support under this section, no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the Secretary.

(f) Authorization of appropriations in general 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. Any sums appropriated under this subsection but which fail to be obligated by the close of the fiscal year for which they were appropriated shall be transferred by the Secretary and available for obligation during the succeeding fiscal year under the terms of subsection (g) of this section.

(g) Additional appropriations where research focused on water problems of interstate nature There is further authorized to be appropriated 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 focuses on water problems and issues of a regional or interstate nature beyond those of concern only to a single State and which relate to specific 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 available under this subsection shall remain available until expended. 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 opportunity such funds will provide for training of water resources scientists or professionals.

(h) Coordination To carry out this chapter, the Secretary— shall encourage other Federal departments, agencies (including agencies within the Department of the Interior), and instrumentalities 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; shall encourage cooperation and coordination with other Federal programs concerned with water resources problems and issues; may enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41 ; 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; may promulgate such regulations as the Secretary considers appropriate; and may support a program of internships for qualified individuals at the undergraduate and graduate levels to carry out the educational and training objectives of this chapter. The Secretary shall report to Congress annually 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, including potential and actual— increases in annual water supplies; increases in annual water yields; advances in water infrastructure and water quality improvements; and methods for identifying, and determining the effectiveness of, treatment technologies and efficiencies. Nothing in this chapter shall preempt the rights and authorities of any State with respect to its water resources or management of those resources.

§ 10304 Research concerning water resource-related problems deemed to be in national interest

(a) Grants; matching funds In addition to the grants authorized by section 10303 of this title , the Secretary is authorized 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 national interest. Such grants shall be made with such advice and review by peer or other expert groups of appropriate interdisciplinary composition 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. 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 developments 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 undertaken, the period during which it will be pursued, 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 research projects previously or currently being pursued, and the extent to which it will provide an opportunity for the training of water resources 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 September 30, 1995 , such sums to remain available until expended.

§ 10305 Development of water-related technology

(a) Grants; matching funds The Secretary shall make grants in addition to those authorized under sections 10303 and 10304 of this title for technology development concerning any aspect of water resources including water-related technology which the Secretary may deem to be of State, regional, or national importance. Activities funded under this section may be carried out by educational institutions, private firms, foundations, individuals, or agencies of State or local government. Care shall be taken to protect proprietary information of private individuals or firms associated with the technology. 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 required 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 undertaken, the qualifications of the personnel who will direct and conduct it, facilities of the organization performing any technology development, the importance of the project to the Nation, region, and State concerned, and the potential 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 September 30, 1995 ; such sums to remain available until expended.

§ 10306 Administrative costs

From the sums appropriated pursuant to this chapter, not more than 7.5 per centum shall be utilized for administrative costs. ( Pub. L. 98–242, title I, § 107 , Mar. 22, 1984 , 98 Stat. 101 ; Pub. L. 109–471, § 2(f) , Jan. 11, 2007 , 120 Stat. 3553 .)

§ 10307 Types of research and development

The type of research and development to be undertaken under the authority of sections 10304 and 10305 of this title and to be encouraged by the institutes established under section 10303 of this title shall include the following: Aspects of the hydrologic cycle; Supply and demand for water; Demineralization of saline and other impaired waters; Conservation and best use of available supplies of water and methods of increasing such supplies; Water reuse; Depletion, contamination, and degradation of groundwater supplies; Improvements in the productivity of water when used for agricultural, municipal, and commercial purposes; The economic, legal, engineering, social, recreational, biological, geographic, ecological, and other aspects of water quality and quantity problems; Scientific information dissemination activities, including identifying, assembling, and interpreting the results of scientific and engineering research on water resources problems; and Providing means for improved communication of research results, having due regard for the varying conditions and needs for the respective States and regions. ( Pub. L. 98–242, title I, § 108 , Mar. 22, 1984 , 98 Stat. 101 ; Pub. L. 101–397, § 1(k) , ( l ), Sept. 28, 1990 , 104 Stat. 853 .)

§ 10308 Patent policy

Notwithstanding any other provision of law, the Secretary shall be governed by the provisions of sections 5908 (except subsections ( l ) and (n)) and 5909 of this title with respect to patent policy and to the definition of title to and licensing of inventions made or conceived in the course of work performed, or under any contract or grant made, pursuant to this chapter. Subject to such patent policy, all research or development contracted for, sponsored, cosponsored, or authorized under authority of this chapter shall be provided in such manner that all information, data, and know-how, regardless of their nature or mediums, resulting from such research and development shall (with such exceptions and limitations, if any, as the Secretary may find to be necessary in the interest of national defense) be usefully available for practice by the general public. ( Pub. L. 98–242, title I, § 109 , Mar. 22, 1984 , 98 Stat. 101 .)

§ 10309 New spending authority; amounts provided in advance

Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1 of title 2 which is provided under this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts. ( Pub. L. 98–242, title I, § 111 , Mar. 22, 1984 , 98 Stat. 101 .)

§ 10310 Produced water research and development

(a) Establishment As soon as possible after December 27, 2020 , the Secretary of Energy (in this section referred to as the “Secretary”) shall establish a research and development program on produced water to develop— new technologies and practices to reduce the environmental impact; and opportunities for reprocessing of produced water at natural gas or oil development sites.

(b) Prioritization In carrying out the program established under subsection (a), the Secretary shall give priority to projects that develop and bring to market— effective systems for on-site management or repurposing of produced water; and new technologies or approaches to reduce the environmental impact of produced water on local water sources and the environment.

(c) Conduct of program In carrying out the program established under subsection (a), the Secretary shall carry out science-based research and development activities to pursue— improved efficiency, technologies, and techniques for produced water recycling stations; and alternative approaches to treating, reusing, storing, or decontaminating produced water.

(d) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2021 through 2025.