Collapse to view only § 10310. Produced water research and development
- § 10301. Congressional findings and declarations
- § 10302. Congressional declaration of purpose
- § 10303. Water resources research and technology institutes
- § 10304. Research concerning water resource-related problems deemed to be in national interest
- § 10305. Development of water-related technology
- § 10306. Administrative costs
- § 10307. Types of research and development
- § 10308. Patent policy
- § 10309. New spending authority; amounts provided in advance
- § 10310. Produced water research and development
§ 10301. Congressional findings and declarations
The Congress finds and declares that—
(1) 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;
(2) the management of water resources is closely related to maintaining environmental quality, productivity of natural resources and agricultural systems, and social well-being;
(3) there is an increasing threat of impairment to the quantity and quality of surface and groundwater resources;
(4) 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;
(5) there should be a continuing national investment in water and related research and technology commensurate with growing national needs;
(6) 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;
(7) 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
1 So in original. The word “and” probably should not appear.
(8) 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
(9) 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.)
§ 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 expanding needs for the production of food, materials, and energy;
(2) discover practical solutions to the Nation’s water and water resources related problems, 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 utilization;
(4) 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;
(5) promote more effective coordination of the Nation’s water resources research program;
(6) promote the development of a cadre of trained research scientists, engineers, and technicians for future water resources problems; and
(7) 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
(b) Scope of research; other activities; cooperation and coordinationEach institute shall—
(1) plan, conduct, or otherwise arrange for competent applied and peer reviewed research that fosters—
(A) improvements in water supply reliability;
(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 resources 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 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
(1) In general
(2) Report
(d) Submission and approval of water research program; requisite assurances
(e) Evaluation of water resources research program
(1) In generalThe 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 institute as an institution for planning, conducting, and arranging for research warrants continued support under this section.
(2) Prohibition on further support
(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 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
(1) 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.
(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 opportunity such funds will provide for training of water resources scientists or professionals.
(h) Coordination
(1) In generalTo carry out this chapter, the Secretary—
(A) 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;
(B) shall encourage cooperation and coordination with other Federal programs concerned 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 undergraduate and graduate levels to carry out the educational and training objectives of this chapter.
(2) ReportsThe 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—
(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 determining the effectiveness of, treatment technologies and efficiencies.
(3) Relationship to State rights
(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.)
§ 10304. Research concerning water resource-related problems deemed to be in national interest
(a) Grants; matching funds
(1) 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.
(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 developments in solving water problems.
(b) Applications for grants
(c) Authorization of appropriations
(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.)
§ 10305. Development of water-related technology
(a) Grants; matching funds
(1) 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.
(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 required under section 10303 of this title may be required.
(b) Applications for grants
(c) Authorization of appropriations
(Pub. L. 98–242, title I, § 106, Mar. 22, 1984, 98 Stat. 100; Pub. L. 101–397, § 1(n), Sept. 28, 1990, 104 Stat. 853.)
§ 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:
(1) Aspects of the hydrologic cycle;
(2) Supply and demand for water;
(3) Demineralization of saline and other impaired waters;
(4) Conservation and best use of available supplies of water and methods of increasing such supplies;
(5) Water reuse;
(6) Depletion, contamination, and degradation of groundwater supplies;
(7) Improvements in the productivity of water when used for agricultural, municipal, and commercial purposes;
(8) The economic, legal, engineering, social, recreational, biological, geographic, ecological, and other aspects of water quality and quantity problems;
(9) Scientific information dissemination activities, including identifying, assembling, and interpreting the results of scientific and engineering research on water resources problems; and
(10) 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
1 See References in Text note below.
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—
(1) new technologies and practices to reduce the environmental impact; and
(2) 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—
(1) effective systems for on-site management or repurposing of produced water; and
(2) 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—
(1) improved efficiency, technologies, and techniques for produced water recycling stations; and
(2) alternative approaches to treating, reusing, storing, or decontaminating produced water.
(d) Authorization of appropriations
(Pub. L. 116–260, div. Z, title IV, § 4008, Dec. 27, 2020, 134 Stat. 2546.)