"(11) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion test beds and test facilities, not more than $4,298,000;

"(111) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion modules, not more than $2,190,000;

"(iv) Administration and coordination, not more than $1,762,000:

Provided, however, That expenditures and obligations under any of these items except the last may be increased by not more than 10 per centum if such increase is accompanied by an equal decrease in expenditures and obligations under one or more of the other items, including the last."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1951, 1953, 1954, 1955, 1956, 1957, 1958a, 1958e, 1958f of this title.

§ 1958a. Demonstration plants for production of consumptive water from saline water.

(a) Number and purpose of plants; selection of process; reports to Congress.

The Secretary of the Interior shall, pursuant to the provisions of sections 1951 to 1958 of this title, and in accordance with sections 1958a to 1958g of this title, provide for the construction, operation, and maintenance of not less than five demonstration plants for the production, from sea water or brackish water, of water suitable for agricultural, industrial, municipal, and other beneficial consumptive uses. Such plants shall be designed to demonstrate the reliability, engineering, operating, and economic potentials of the sea or brackish water conversion processes which the Secretary shall select from among the most promising of the presently known processes, and each plant shall demonstrate a different process. A decision with respect to the process to be utilized in the first of these five plants shall be made by the Secretary within six months after September 2, 1958 and decisions with respect to the processes to be utilized in the other plants shall follow at intervals of not more than three months. Each such decision shall be reported promptly to the Congress and the construction of the plants shall proceed as rapidly as is possible.

(b) Construction of plants; conditions.

The construction of the demonstration plants referred to above shall be subject to the following conditions:

(1) Not less than three plants shall be designed for the conversion of sea water, and each of two plants so designed shall have a capacity of not less than one million gallons per day;

(2) Not less than two plants shall be designed for the treatment of brackish water, and at least one of the plants so designed shall have a capacity of not less than two hundred and fifty thousand gallons per day; and

(3) Such plants shall be located in the following geographical areas with a view to demonstrating optimum utility from the standpoint of reliable operation, maintenance, and economic potential

(A) at least one plant which is designed for the conversion of sea water shall be located on the west coast of the United States, at least one such plant shall be located on the east coast thereof,

and at least one such plant shall be located on the gulf coast thereof; and

(B) at least one plant which is designed for the treatment of brackish water shall be located in the area generally described as the Northern Great Plains and at least one such plant shall be located in the arid areas of the Southwest.

(c) Definition of "demonstration plant".

As used in sections 1958a to 1958g of this title, the term "demonstration plant" means a plant of sufficient size and capacity to establish on a day-to-day operating basis the optimum attainable reliability, engineering, operating, and economic potential of the particular sea water conversion process or the Secretary of the Interior for utilization in such brackish water treatment process selected by the plant. (Pub. L. 85-883, § 1, Sept. 2, 1958, 72 Stat. 1706.)

SHORT TITLE

Sections 1 to 7 of Pub. L. 85-883, classified to sections 1958a to 1958g of this title, are popularly known as the "Saline Water Demonstration Act".

RECITAL CLAUSE

Recital clause of Pub. L. 85-883, preceding the enactment clause, read as follows:

"Whereas official Government reports show unmistakably that the United States population is multiplying at a rate which by 1980 will triple the demand for supplies of fresh water, which if not available will adversely affect the national defense by jeopardizing the economic welfare and general well-being of vast segments of the population of the United States, as well as the population of some of our Territorial possessions; and

"Whereas many cities, towns, and rural areas are already confronted by shortages of potable water that Imperil health; and

"Whereas the expanding population, industry, and agriculture of the United States are becoming increasingly dependent upon an assured augmented supply of fresh water while the future welfare and national defense of the United States rest upon increased sources of fresh water; and

"Whereas research by governmental agencies, educational institutions, and private industry has brought about the evolution, on a limited scale, of methods of desalting sea water and the treatment of brackish water which give promise of ultimate economical results; and

"Whereas the United States Government has the responsibility, along with safeguarding the national defense, and protecting the health, welfare, and economic stability of the country, to transform these experiments into production tests on a scale not possible of achievement otherwise; and

"Whereas the Congress recognized its responsibility in this field by the enactment in 1952 of the Saline Water Act (66 Stat. 328) [sections 1951-1958 of this title], reaffirmed its position by the amendments to such Act in 1955 (69 Stat. 198); and the legislative history of such Acts reveals that the Congress recognized even then that the time had arrived for tackling the problem more realistically and effectively, but unfortunately the program was limited to such an extent that concrete results are not possible of attainment under the provisions of existing legislation; and

"Whereas the Congress now finds it is in the national interest to demonstrate, with the least possible delay, in actual production tests the several optimum aspects of the construction, operation, and maintenance of sea water conversion and brackish water treatment plants

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1952, 1958b, 1958d, 1958e, 1958f, 1958g of this title.

§ 1958b. Same; contracts for construction, operation and maintenance; operation, maintenance and engineering records; access by public to records and plants.

The Secretary of the Interior shall enter into a contract or contracts for the construction of the demonstration plants referred to in section 1958a of this title, and the Secretary shall enter into a separate contract or contracts for the operation and maintenance of such plants. Any such operation and maintenance contract shall provide for the compilation by the contractor of complete records with respect to the operation, maintenance, and engineering of the plant or plants specified in the contract. The records so compiled shall be made available to the public by the Secretary at periodic and reasonable intervals with a view to demonstrating the most feasible existing processes for desalting sea water and treating brackish water. Access by the public to the demonstration plants herein provided for shall be assured during all phases of construction and operation subject to such reasonable restrictions as to time and place as the Secretary of the Interior may require or approve. (Pub. L. 85883, § 2, Sept. 2, 1958, 72 Stat. 1707.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1952, 1958a, 1958d, 1958e, 1958f, 1958g of this title.

§ 1958c. Same; acceptance of assistance from State or public agencies; contracts for assistance; availability of contributed funds; return of unexpended funds.

The Secretary is authorized to accept financial and other assistance from any State or public agency in connection with studies, surveys, location, construction, operation, or other work relating to saline or brackish water conversion problems and facilities for such conversion, and to enter into contracts with respect to such assistance, which contracts shall detail the purposes for which the assistance is contributed. Any funds so contributed shall be available for expenditure by the Secretary in like manner as if they had been specifically appropriated for purposes for which they are contributed, and any funds not expended for these purposes shall be returned to the State or public agency from which they were received. (Pub. L. 85-883, § 3, Sept. 2, 1958, 72 Stat. 1707.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1952, 1958a, 1958d, 1958e, 1958f, 1958g of this title.

§ 1958d. Same; termination of authority; disposal of plants; return of share of proceeds to contributors.

The authority of the Secretary of the Interior under sections 1958a to 1958g of this title to construct, operate, and maintain demonstration plants shall terminate upon the expiration of twelve years after September 2, 1958. Upon the expiration of a period deemed adequate for demonstration purposes for each plant, but not to exceed such twelve-year period, the Secretary shall proceed as promptly as practicable to dispose of any plants so constructed by sale to the highest bidder, or as may otherwise be directed by Act of Congress. Upon such sale, there shall be returned to any State or public agency

which has contributed financial assistance under section 1958c of this title a proper share of the net proceeds of the sale. (Pub. L. 85-883, § 4, Sept. 2, 1958, 72 Stat. 1707; Pub. L. 87-295, § 2, Sept. 22, 1961, 75 Stat. 630.)

AMENDMENTS

1961-Pub. L. 87-295 extended the termination of authority date to twelve years and substituted "expiration of a period deemed adequate for demonstration purposes for each plant, but not to exceed such twelve-year period" for "expiration of such seven-year period."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1952, 1958a, 1958e, 19581, 1958g of this title.

§ 1958e. Same; powers of Secretary; administration. The powers conferred on the Secretary of the Interior by sections 1958a to 1958g of this title shall be in addition to and not in derogation of the authority conferred on the Secretary by sections 1951 to 1958 of this title. The provisions of such sections 1951 to 1958 of this title, except as otherwise provided in sections 1958a to 1958g of this title, shall be applicable in the administration of sections 1958a to 1958g of this title. (Pub. L. 85-883, § 5, Sept. 2, 1958, 72 Stat. 1708.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1952, 1958a, 1958d, 1958f, 1958g of this title.

§ 1958f. Same; contracts for construction, materials, supplies and services; periods; liability of United States; availability of unobligated appropriations for administrative and technical services. When appropriations have been made for the construction or operation and maintenance of any demonstration plant under sections 1958a to 1958g of this title, the Secretary may, in connection with such construction or operation and maintenance, enter into contracts for construction, for materials and supplies, and for miscellaneous services, which contracts may cover such periods of time as he shall consider necessary but under which the liability of the United States shall be contingent upon appropriations being available therefor. Unobligated appropriations heretofore made to carry out sections 1951 to 1958 of this title shall be available for administrative and technical services, including travel expenses and the procurement of the services of experts, consultants, and organizations thereof in accordance with section 15 of the Act of August 2, 1946, in connection with carrying out the provisions of sections 1958a to 1958g of this title. (Pub. L. 85-883, § 6, Sept. 2, 1958, 72 Stat. 1708.)

REFERENCES IN TEXT

Section 15 of the Act of August 2, 1946, referred to in the text, was repealed in the general revision of Title 5, and the provisions are now covered by section 3109 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1952, 1958a, 1958d, 1958e, 1958g of this title.

§ 1958g. Same; authorization of appropriations. There are authorized to be appropriated such sums, not in excess of $10,000,000, as may be necessary to provide for the construction of the demonstration plants referred to in sections 1958a to 1958g

SUBCHAPTER I.-STATE WATER RESOURCES
RESEARCH INSTITUTES

1961a. Water resources research institutes.
(a) Appropriations;

establishment; number; designation of institution; interstate or regional institutes; participation of educational institutions in institute work. (b) Duties of institutes; scope of activities. 1961a-1. Specific water resources research projects, including regional projects.

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(a) Appropriations; matching funds. (b) Applications for grants; contents; proval of projects; basis of grants. 1961a-2. Payments to institutes; time; amount; vouchers; accounting officers; reports to Secretary of Interior; State replacement of diminished, lost, or misapplied funds. 1961a-3. Funds for printing and publishing results of research, etc., administrative planning and direction, and planning, coordinating, and conducting cooperative research.

1961a-4. Powers and duties of Secretary of Interior; administration; rules and regulations; other responsibilities.

1961a-5. Legal relationship of educational institution and State government; Federal control or direction of education.

SUBCHAPTER II-ADDITIONAL WATER RESOURCES RESEARCH PROGRAMS

1961b. Research into water problems related to the mission of the Department of the Interior. (a) Authorization of appropriations

(b) Submission to Congress of grant, contract, or arrangement

SUBCHAPTER III-MISCELLANEOUS PROVISIONS 1961c. Cooperation of Federal, State, and private agencies; availability of information.

1961c-1. Authority of Secretary of Interior over water resources research of other Federal agencies; existing authorities and responsibilities of Federal agencies unaffected.

1961c-2. Advance payments of initial expenses. 1961c-3. Availability to public of resulting information and developments a condition for expenditure of funds for scientific or technological research or development activity; background patent owners' rights.

1961c-4. Cataloging center.

1961c-5. Interagency coordination of water resources research.

1961c-6. "State" defined. 1961c-7.

Annual report by the Secretary of the Interior to the President and the Congress.

GENERAL PROVISIONS

§ 1961. Declaration of purpose.

In order to assist in assuring the Nation at all times of a supply of water sufficient in quantity and quality to meet the requirements of its expanding

population, it is the purpose of the Congress, by this chapter, to stimulate, sponsor, provide for, and supplement present programs for the conduct of research, investigations, experiments, and the training of scientists in the fields of water and of resources which affect water. (Pub. L. 88-379, § 1(b), July 17, 1964, 78 Stat. 329.)

SHORT TITLE

Section 1(a) of Pub. L. 88-379 provided that: "This Act [enacting this chapter] may be cited as the 'Water Resources Research Act of 1964'."

SUBCHAPTER I.-STATE WATER RESOURCES RESEARCH INSTITUTES

§ 1961a. Water resources research institutes. (a) Appropriations; establishment; number; designation of institution; interstate or regional institutes; participation of educational institutions in institute work.

There are authorized to be appropriated to the Secretary of the Interior for the fiscal year 1965 and each subsequent year thereafter sums adequate to provide $75,000 to each of the several States in the first year, $87,500 in each of the second and third years, and $100,000 each year thereafter to assist each participating State in establishing and carrying on the work of a competent and qualified water resources research institute, center, or equivalent agency (hereinafter referred to as "institute") at one college or university in that State, which college or university shall be a college or university established in accordance with sections 301 to 305, 307 and 308 of Title 7 or some other institution designated by Act of the legislature of the State concerned: Provided, That (1) if there is more than one such college or university in a State, established in accordance with sections 301 to 305, 307 and 308 of Title 7, funds under this chapter shall, in the absence of a designation to the contrary by act of the legislature of the State, be paid to the one such college or university designated by the Governor of the State to receive the same subject to the Secretary's determination that such college or university has, or may reasonably be expected to have, the capability of doing effective work under this chapter; (2) two or more States may cooperate in the designation of a single interstate or regional institute, in which event the sums assignable to all of the cooperating States shall be paid to such institute; and (3) a designated college or university may, as authorized by appropriate State authority, arrange with other colleges and universities within the State to participate in the work of the institute.

(b) Duties of institutes; scope of activities.

It shall be the duty of each such institute to plan and conduct and/or arrange for a component or components of the college or university with which it is affiliated to conduct competent research, investigations, and experiments of either a basic or practical nature, or both, in relation to water resources and to provide for the training of scientists through such research, investigations, and experiments. Such research, investigations, experiments, and training may include, without being limited to, aspects of the hydrologic cycle; supply and demand for water; conservation and best use of available

supplies of water; methods of increasing such supplies; and economic, legal, social, engineering, recreational, biological, geographic, ecological, and other aspects of water problems, having due regard to the varying conditions and needs of the respective States, to water research projects being conducted by agencies of the Federal and State Governments, the agricultural experiment stations, and others, and to avoidance of any undue displacement of scientists and engineers elsewhere engaged in water resources research. (Pub. L. 88-379, title I, § 100, July 17, 1964, 78 Stat. 329.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961a-2, 1961a-4, 1961c-7 of this title.

§ 1961a-1. Specific water resources research projects, including regional projects.

(a) Appropriations; matching funds.

There is further authorized to be appropriated to the Secretary of the Interior for the fiscal year 1965 and each subsequent year thereafter sums not in excess of the following: 1965, $1,000,000; 1966, and each subsequent year thereafter sums not in excess of the following: 1965, $1,000,000; 1966, $2,000,000; 1967, $3,000,000; 1968, $4,000,000; and 1969 and each of the succeeding years, $5,000,000. Such moneys when appropriated, shall be available to match, on a dollar-for-dollar basis, funds made available to institutes by States or other non-Federal sources to meet the necessary expenses of specific water resources research projects which could not otherwise be undertaken, including the expenses of planning and coordinating regional water resources research projects by two or more institutes.

(b) Application for grants; contents; approval of projects; basis of grants.

Each application for a grant pursuant to subsection (a) of this section shall, among other things, 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 water economy of the Nation, the region, and the State concerned, its relation to other known research projects theretofore pursued or currently being pursued, and the extent to which it will provide opportunity for the training of water resources scientists. No grant shall be made under said subsection (a) except for a project approved by the Secretary, and all grants shall be made upon the basis of the merit of the project, the need for the knowledge which it is expected to produce when completed, and the opportunity it provides for the training of water resources scientists. (Pub. L. 88-379, title I, § 101, July 17, 1964, 78 Stat. 330.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961a-2, 1961c-7 of this title.

§ 1961a-2. Payments to institutes; time; amount; vouchers; accounting officers; reports to Secretary of Interior; State replacement of diminished, lost, or misapplied funds.

Sums available to the States under the terms of sections 1961a and 1961a-1 of this title shall be paid to their designated institutes at such times and in

such amounts during each fiscal year as determined by the Secretary, and upon vouchers approved by him. Each institute shall have an officer appointed by its governing authority who shall receive and account for all funds paid under the provisions of this chapter and shall make an annual report to the Secretary on or before the 1st day of September of each year, on work accomplished and the status of projects underway, together with a detailed statement of the amounts received under any of the provisions of this chapter during the preceding fiscal year, and of its disbursement, on schedules prescribed by the Secretary. If any of the moneys received by the authorized receiving officer of any institute under the provisions of this chapter shall by any action or contingency be found by the Secretary to have been improperly diminished, lost, or misapplied, it shall be replaced by the State concerned and until so replaced no subsequent appropriation shall be allotted or paid to any institute of such State. (Pub. L. 88-379, title I, § 102, July 17, 1964, 78 Stat. 330.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961a-4, 1961c-7 of this title.

§ 1961a-3. Funds for printing and publishing results of research, etc., administrative planning and direction, and planning, coordinating, and conducting cooperative research.

Moneys appropriated pursuant to this chapter, in addition to being available for expenses for research, investigations, experiments, and training conducted under authority of this chapter, shall also be available for printing and publishing the results thereof and for administrative planning and direction. The institutes are hereby authorized and encouraged to plan and conduct programs financed under this chapter in cooperation with each other and with such other agencies and individuals as may contribute to the solution of the water problems involved, and moneys appropriated pursuant to this chapter shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research. (Pub. L. 88-379, title I, § 103, July 17, 1964, 78 Stat. 330.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1961c-7 of this title.

§ 1961a-4. Powers and duties of Secretary of Interior; administration; rules and regulations; other responsibilities.

The Secretary of the Interior is hereby charged with the responsibility for the proper administration of this chapter and, after full consultation with other interested Federal agencies, shall prescribe such rules and regulations as may be necessary to carry out its provisions. He shall require a showing that institutes designated to receive funds have, or may reasonably be expected to have, the capability of doing effective work. He shall furnish such advice and assistance as will best promote the purposes of this chapter, participate in coordinating research initiated under this chapter by the institutes, indicate to them such lines of inquiry as to him seem most important, and encourage and assist in the establishment and maintenance of cooperation by and between the institutes and between them and other

research organizations, the United States Department of the Interior, and other Federal establishments.

On or before the 1st day of July in each year after July 17, 1964, the Secretary shall ascertain whether the requirements of section 1961a-2 of this title have been met as to each State, whether it is entitled to receive its share of the annual appropriations for water resources research under section 1961a of this title, and the amount which it is entitled to receive. (Pub. L. 88-379, title I, § 104, July 17, 1964, 78 Stat. 331; Pub. L. 89-404, § 2, Apr. 19, 1966, 80 Stat. 130.) AMENDMENTS

1966-Pub. L. 89-404 struck out provisions requiring the Secretary to make an annual report to Congress concerning the work of the institutes in all states, including receipts, expenditures, and any withholding of available appropriations. See section 1961c-7 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961c-7 of this title.

§ 1961a-5. Legal relationship of educational institution and State government; Federal control or direction of education.

Nothing in this chapter shall be construed to impair or modify the legal relation existing between any of the colleges or universities under whose direction an institute is established and the government of the State in which it is located, and nothing in this chapter shall in any way be construed to authorize Federal control or direction of education at any college or university. (Pub. L. 88-379, title I, § 105, July 17, 1964, 78 Stat. 331.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1961c-7 of this title.

SUBCHAPTER II.-ADDITIONAL WATER RESOURCES RESEARCH PROGRAMS

§ 1961b. Research into water problems related to the mission of the Department of the Interior. (a) Authorization of appropriations.

There are authorized to be appropriated to the Secretary of the Interior $5,000,000 for the fiscal year 1967, $6,000,000 for the fiscal year 1968, $7,000,000 for the fiscal year 1969, $8,000,000 for the fiscal year 1970, $9,000,000 for the fiscal year 1971, and $10,000,000 for each of the fiscal years 1972-1976, inclusive, from which appropriations the Secretary may make grants to and finance contracts and matching or other arrangements with educational institutions, private foundations or other institutions, with private firms and individuals whose training, experience, and qualifications are, in his judgment, adequate for the conduct of water research projects, and with local, State, and Federal Government agencies, to undertake research into any aspects of water problems related to the mission of the Department of the Interior which he may deem desirable and which are not otherwise being studied.

(b) Submission to Congress of grant, contract, or arrangement.

No grant shall be made, no contract shall be executed, and no matching or other arrangement shall be entered into under subsection (a) of this section prior to sixty calendar days from the date the same is submitted to the President of the Senate and the

Speaker of the House of Representatives and said sixty calendar days shall not include days on which either the Senate or the House of Representatives is not in session because of an adjournment of more than three calendar days to a day certain or an adjournment sine die. (Pub. L. 88-379, title II, § 200, July 17, 1964, 78 Stat. 331; Pub. L. 89-404, § 1, Apr. 19, 1966, 80 Stat. 129.)

AMENDMENTS

1966-Pub. L. 89-404 divided the section into subsecs. (a) and (b), increased the authorization for appropriations from $1,000,000 for each year for 10 years beginning in fiscal year 1965 to $5,000,000 for fiscal year 1967, $6,000,000 for fiscal year 1968, $7,000,000 for fiscal year 1969, $8,000,000 for fiscal year 1970, $9,000,000 for fiscal year 1971, and $10,000,000 for each of the fiscal years 1972-1976 inclusive, and added a requirement that no contract or other arrangement be entered into until 60 calendar days after it had been submitted to the Congress and during which Congress is in session.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961c-7 of this title.

SUBCHAPTER III.—MISCELLANEOUS

PROVISIONS

§ 1961c. Cooperation of Federal, State, and private agencies; availability of information.

The Secretary of the Interior shall obtain the continuing advice and cooperation of all agencies of the Federal Government concerned with water problems, of State and local governments, and of private institutions and individuals, to assure that the programs authorized in this chapter will supplement and not duplicate established water research programs, to stimulate research in otherwise neglected areas, and to contribute to a comprehensive, nationwide program of water and related resources research. He shall make generally available information and reports on projects completed, in progress, or planned under the provisions of this chapter, in addition to any direct publication of information by the institutes themselves. (Pub. L. 88-379, title III, § 300, July 17, 1964, 78 Stat. 332.)

water

§ 1961c-1. Authority of Secretary of Interior over resources research of other Federal agencies; existing authorities and responsibilities of Federal agencies unaffected.

Nothing in this chapter is intended to give or shall be construed as giving the Secretary of the Interior any authority or surveillance over water resources research conducted by any other agency of the Federal Government, or as repealing, superseding, or diminishing existing authorities or responsibilities of any agency of the Federal Government to plan and conduct, contract for, or assist in research in its areas of responsibility and concern with water reSources. (Pub. L. 88-379, title III, § 301, July 17, 1964, 78 Stat. 332.)

§ 1961c-2. Advance payments of initial expenses.

Contracts or other arrangements for water resources work authorized under this chapter with an institute, educational institution, or non-profit organization may be undertaken without regard to the provisions of section 529 of Title 31 when, in the judgment of the Secretary of the Interior, advance payments of initial expense are necessary to facil