42 U.S. Code § 10303 - Water resources research and technology institutes
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.
From the sums appropriated pursuant 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 reimbursement of the direct cost expenditures incurred for the conduct of the water resources research program.
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.
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 effectiveness 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 reestablished to the satisfaction of the Secretary.
Nothing in this chapter shall preempt the rights and authorities of any State with respect to its water resources or management of those resources.
[1] So in original. The period probably should be “, and”.
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 Research 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 complete classification of this Act to the Code, see Short Title note set out under section 301 of Title 7 and Tables.
In subsec. (h)(1)(C), “section 6101 of title 41” substituted 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.
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 competent research that fosters (A) the entry of new research scientists into the water resources fields, (B) the training and education of future water scientists, engineers, and technicians, (C) the preliminary exploration of new ideas that address water problems or expand understanding of water and water-related phenomena, and (D) the dissemination of research results to water managers 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 fiscal 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 fiscal 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 “Reports” 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 activities 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 fiscal 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 “promoting” 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 research with respect to water resources, including investigations and experiments of either a basic or practical nature, or both; promote the dissemination and application 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 period 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 research program.”
Subsec. (e). Pub. L. 101–397, § 1(f), amended subsec. (e) generally, substituting provisions directing that evaluation be conducted at least once every 5 years for provisions directing evaluation within two years after establishment of institute and at least once every four years thereafter and striking out provisions relating to composition and function of evaluation team and setting forth criteria for determination.
Subsec. (f)(1). Pub. L. 101–397, § 1(g), substituted “September 30, 1989, through September 30, 1995,” for “September 30, 1985, through September 30, 1989”.
Subsec. (f)(2). Pub. L. 101–397, § 1(h), substituted reference to subsec. (g) of this section for reference to section 10305 of this title.
Subsec. (g). Pub. L. 101–397, § 1(m), added subsec. (g).
Pub. L. 101–397, § 2, Sept. 28, 1990, 104 Stat. 854, provided that:
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