Water Research and Development Act
PL 95-467 (S.2704), enacted 10/17/1978

PUBLIC LAW 95-467—OCT. 17, 1978 
92 STAT. 1305 
Public Law 95-467 
95th Congress 
An Act 
To promote a more adequate and responsive national program of water research 
Oct. 17, 1978 
and development, and for other purposes. 
[S. 2704] 
Be it enacted hy the Senate and House of Representatives of the. 
United States of America in Congress assembled, This Act may be Water Research 
cited as the "Water Kesearch and Development Act of 1978". 
and Development 
SEC. 2. The Congress finds and declares that— 
dzmcVmi 
(a) providing for the protection of the Nation's water 
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resources, assuring an adequate supply of water of good quality ^ ^g^ ygQj 
for the production of food, materials, and energy for the Nation's 
needs, and increasing the efficient use of the Nation's watei 
resources are essential to national economic stability and growth, 
and to the well-being of our people; 
(b) the Nation's capabilities for technological assessment and 
planning and for policy formulation for water resources must be 
, 
strengthened at both the Federal and State levels; 
(c) there should be a continuing national investment in water-
related research and technology which is commensurate with 
growing national needs; and 
(d) the manpower pool of scientists, engineers, and technicians 
trained in fields related to water resources constitutes an invalua-
ble natural resource which should be increased, fully utilized, and 
regularly replenished. 
SEC. 3. It is the purpose of this Act to assist the Nation and the States 42 USC 7802. 
through water resources science and technolo^— 
(a) to provide a supply of water sufficient in quantity and qual-
ity to meet the Nation's expanding needs for the production of 
food, materials, and energy ; 
(b) to preserve and enhance our water resources and the water-
related environment; 
(c) to promote conservation and efficient use of the Nation's 
water resources; 
(d) to promote research and development, demonstration, and 
technology transfer dealing with both quality and quantity of 
water resources; 
(e) to identify and find practical solutions to the Nation's water 
and water resources related problems; 
(f) to promote the training of scientists, engineers, and other 
skilled personnel in the fields related to water resources; 
(g) to foster and supplement present programs for the conduct 
of research, technology development and transfer, and innova-
tive water resources management, conservation, and operating 
practices; 
(h) to provide for research, development, technology demon-
stration, and transfer with respect to converting saline and other 
impaired waters to waters suitable for municipal, agricultural, 
industrial, recreational, or other beneficial uses; 
(i) to disseminate information through the maintenance of a 
water resources scientific information center with adequate infor-
mation bases so that the Nation's water research community, 
by utilizing the center, can be fully informed of research activi-
92 STAT. 1306 
PUBLIC LAW 95-467—OCT. 17, 1978 
Research and 
technology 
institutes. 
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7 use 301. 
Duties. 
ties and other types of information necessary for them to effec-
tively conduct their work; 
(j) to better coordinate the Nation's water resources and devel-
opment programs; and 
(k) to enhance the capacity of the Federal water establish-
ment, and of water interests nationwide for recommending to 
the President and the Congress changes in national water 
resources research and technology policy as appropriate. 
TITLE I—WATEE RESOUKCES RESEARCH AND 
DEVELOPMENT 
SEC. 101. (a) The Secretary of the Interior (hereafter in this Act 
referred to as the "Secretary") is hereby authorized and directed to 
assist in carrying on the work of a competent and qualified water 
resources research and technology institute, center, or equivalent 
agency (hereinafter referred to as "institute") at one college or 
university in each State, which college or university shall be a col-
lege or university established in accordance with the Act approved 
July 2, 1862 (12 Stat. 503; 7 U.S.C. 301ff), entitled "An Act donat-
ing public lands to the several States and territories which may 
provide colleges for the benefit of agriculture and the mechanic 
arts" or some other institution designated b^ 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 
said Act of July 2, 1862, funds under this section 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 Secre-
tary's determination that such college or university has, or may 
reasonably be expected to have the capability of doing effective work 
under this title; (2) two or more States may cooperate in the designa-
tion of a single institute or regional institute, in which event 
the sums assignable to all of the cooperating States shall be paid to 
such institute; (3) the designated State institute shall cooperate 
closely with other colleges and universities in the State with demon-
strated research, information dissemination, and gradaute training 
capabilities in developing a statewide program directed to resolving 
State and regional water and related land problems; and (4) the 
designated State institute shall cooperate closely with regional con-
sortia, as may be designated by the Secretary, to increase the effec-
tiveness of the nationwide network of institutes and for the purpose 
of regional coordination, particularly with river basin commissions 
and other interagency river basin organizations as may be established 
by the Congress. 
(b) (1) It shall be the duty of each such institute to plan and con-
duct and/or arrange for a component or components of the college or 
university with which it is affiliated or other qualified colleges or 
universities within the State, to conduct competent research and 
development including investigations and experiments of either a 
basic or practical nature, or both, in relation to water resources, to 
promote dissemination and application of the results of these efforts, 
and to provide for the training of scientists and engineers through 
such research, investigations, and experiments. 
PUBLIC LAW 95-467—OCT. 17, 1978 
92 STAT. 1307 
(2) The research, investigations, experiments, and training may 
include, without being limited to, aspects of the hydrologic cycle; 
supply and demand for water; saline water conversion; conservation 
and best use of available supplies of water and methods of increasing 
such supplies; water reuse; and economic, legal, social, engineering, 
recreational, biological, geographic, ecological, and other aspects 
of water 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 respec-
tive States and regions, for water research and development projects 
now being conducted by agencies of the Federal and State govern-
ments, the agricultural and engineering experiment stations, and other 
university research centers and for the need to avoid undue displace-
ment of scientists and engineers elsewhere engaged in water resources 
research and development. 
(3) The annual program submitted by the State institutes to the 
Secretary for approval shall include assurances satisfactory to the 
Secretary, that such programs were developed in close consultation 
and collaboration with leading water resources officials within the 
State and region to promote research, training, information dissem-
ination and other work meeting the needs of the State. Additionally, 
it shall be the duty of each State institute to provide the Secretary 
with periodic information, at the Secretary's discretion, (m water 
resources research and development activities, needs, and priorities 
within the State which shall be coordinated with State, local, regional 
and river basin entities, and to cooperate with the Secretary in pre-
paring periodic reports of ongoing research within the State and its 
funding by both Federal and non-Federal organizations. Institutes 
are required to see that notices of research projects are submitted to 
the center referred to under title I I I , section 302. 
(4) The designated State institutes shall cooperate with the Secre-
tary in the development of five-year water resources research and 
development goals and objectives. 
(5) The designated institutes will receive comment on and trans-
mit all research and development proposals from the academic 
community to the Secretary for consideration and funding. 
(c) There is further hereby authorized a program of technology 
transfer and/or information dissemination to be carried out by the 
State institutes. Such funds, as are appropriated for this purpose, 
shall be made available on a competitive basis to the State institutes, 
based on the merit of project or program proposals submitted to the 
Secretary, for the purpose of transferring research and development 
results to other organizations for further development, demonstra-
tion, and practical application. 
SEC. 102. Funds appropriated pursuant to this title, in addition to 
being available for expenses for research and development experi-
ments, and training conducted under authority of this title, shall also 
be available for printing and publishing the results thereof in the fur-
therance of technology transfer and for planning and direction. The 
ins'^itutes are hereby authorized and encouraged to plan and conduct 
programs financed under this title in cooperation with each other and 
with such other agencies and individuals as may contribute to the 
solution of 'he water problems involved, and funds appropriated 
Annual programs 
and reports, 
submittal to 
Secretary of the 
Interior. 
Information 
dissemination 
program. 
Publication of 
program results. 
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92 STAT. 1308 
PUBLIC LAW 95-467—OCT. 17, 1978 
Responsibilities. 
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Grants. 
42 use 7815. 
Contract 
authority. 
pursuant to this title shall be available for paying the necessary 
expenses of planning, coordinating, and conducting such cooperative 
research. 
SEC. 103. (a) The Secretary is hereby charged with the responsi-
bility for the proper administration of this title and, after full con-
sultation with other interested Federal agencies, may prescribe such 
procedures, rules, and policies 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 capa-
bility of doing effective work. He shall furnish such advice and assist-
ance as will best promote the purposes of this title, participate in 
coordinating research initiated by the institutes under this title, indi-
cate to them such lines of inquiry as to him seem most important, and 
assist the establishment and maintenance of cooperation among the 
institutes, other research organizations, the United States Department 
of the Interior, and other Federal establishments. 
(b) The Secretary shall develop a five-year water resources 
research program in cooperation with the institutes and appro-
priate water entities, indicating goals, objectives, priorities, and 
funding requirements. 
(c) The Secretary shall annually ascertain that the requirements 
of subsection 101(b) have been met as to each institute, whether it is 
entitled to receive its share of the annual appropriations for water 
resources research and development under section 401(a) of this Act 
and the amount which it is entitled to receive. 
SEC. 104. Nothing in this title 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 title shall in 
any way be construed to authorize Federal control or direction of 
educa'. ion at any college or university. 
SEC. 105. (a) The Secretary is authorized to make grants to insti-
tutes to match, on a dollar-for-dollar basis, funds available to institutes 
from non-Federal sources to meet the necessary expenses of specific 
water and related land resources research projects which the institute 
could not otherwise undertake, including the expenses of planning and 
coordinating regional projects by two or more institutes. Each appli-
cation for a grant pursuant to this subsection shall, among other 
things, state the nature of the project to be undertaken, the period dur-
ing which it will be pursued, the qualifications of the personnel who 
will direct and conduct it, the importance of the project to the Nation, 
region, and State concerned, its relation to other known research proj-
ects theretofore pursued or currently being pursued, and the extent to 
which it will provide opportunity for training of water resources 
scientists. No grant shall be made under this subsection 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 pro-
vides for the training of water resources scientists. 
(b) The Secretary is authorized to make grants to, and finance con-
tracts and matching or other agreements with qualified educational 
institutions; private foundations or other institutions; and with pri-
vate firms and individuals whose training, experience, and qualifica-
tions are adequate in his judgment for the conduct of water research 
and development projects; and with local. State, and Federal Govern-
PUBLIC LAW 95-467—OCT. 17, 1978 
92 STAT. 1309 
ment agencies to undertake researdi and development concerning any 
aspect of water-related problems which he may deem desirable in the 
national interest. 
SEC. 106. Water resources research and development programs car-
ried out in accordance with this title may include, without being lim-
ited to water use conservation and efficiencies; water and related 
planning; saline water conversion; water reuse; management and 
operations; legal systems; protection and enhancement of the water-
based environment; institutional arrangements; salinity management; 
and economic, social, and environmental impact assessment. Due con-
sideration shall be given to priority problems identified by water and 
related land resources planning, data acquisition, and like studies con-
ducted by other agencies and organizations. 
SEC. 107. As used in this title, the term "State" includes the District 
of Columbia, the Commonwealth of Puerto Rico, American Samoa, 
Guam, the Virgin Islands, the Northern Mariana Islands, and the 
Trust Territory of the Pacific Islands. 
SEC. 108. Contracts or other arrangements for water resource work 
authorized under this title with an institute, educational institution, or 
nonprofit organization may be undertaken without regard to the pro-
visions of section 3648 of the Revised Statutes (31 U.S.C. 529) when, 
in the judgment of the Secretary, advance payments of initial expenses 
are necessary to facilitate such work. 
SEC. 109. (a) The Secretary is authorized to study, design, imple-
ment, operate, and maintain water resources programs and activities 
demonstrating the technical and economic viability of processes, sys-
tems, or techniques for the purpose of improving the water or water-
related environment and to demonstrate the application of water 
resources research and development results and technology for- benefi-
cial purposes. 
(b) (1) Funds appropriated pursuant to the authority provided by 
sections 401 (d) and 403 for use under this section may not be expended 
until thirty calendar days (including days on which either the House 
of Representatives or the Senate are 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 Com-
mittee on Interior and Insular Aflfairs and the chairman of the Comit-
tee on Science and Technology of the House of Representatives and 
the chairman of the Committee on Environment and Public Works of 
the United States Senate. 
(2) Such report shall present information that includes, but is not 
limited to, the location of the demonstration activities, the character-
istics of the water and water-related problem, the processes or concepts 
to be demonstrated, the estimated initial investment cost of the demon-
stration, the estimated annual operating cost of the demonstration, 
the source of energy for the demonstration and its cost, environmental 
consequences of the demonstrations; and the estimated costs associated 
with the demonstration considering the amortization of all components 
of the demonstration. 
(3) Such report shall also be accompanied by a proposed contract 
or agreement between the Secretary and a duly authorized Federal 
or non-Federal public or private entity, in which such entity shall agree 
to share cost to the extent deemed important to the purposes of the 
activity as determined by the Secretary. Such proposed contract or 
agreement may provide that either the contractual entity or the United 
States will develop the activity described in the report and that the 
42 use 7816. 
"State." 
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Report to 
congressional 
committees. 
Proposed 
contract 
or agreement. 
92 STAT. 1310 
PUBLIC LAW 95-467—OCT. 17, 1978 
United States will either operate and maintain the activity or may 
participate in the operation and maintenance during which, in either 
case, access to the activity and its operating data will not be denied to 
the Secretary or his representatives. 
(4) The Secretary is authorized to include in the proposed contract 
or agreement a provision for conveying all rights, title, and interests 
of the Federal Government to the Federal or non-Federal, public or 
private entity subject to a future right to reenter the activity for the 
purpose of financing at Federal expense modifications for advanced 
technology and for its operation and maintenance for a successive term 
under the same conditions as pertain to the original term. 
42 use 7831. 
Functions. 
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Cooperative 
agreements with 
non-Federal 
utilities and 
governmental 
entities. 
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TITLE 
II—WATER 
RESEARCH 
AND 
DEVELOPMENT 
FOR SALINE AND OTHER IMPAIRED WATERS 
SEC. 200. Consistent with the Federal responsibility for Avater 
resources development and conservation by means of comprehensive 
planning, water resources development projects, protection of water 
quality standards, and other measures for the beneficial use of water 
from various sources, the Congress finds it necessary to provide for 
the development of technology for the conversion of saline and other 
impaired waters for beneficial uses. It is the policy therefore to assist 
and encourage the development of practical means to utilize saline 
water technology to convert impaired waters of any type from any 
source to a quality suitable for municipal, industrial, agricultural, 
and other beneficial uses to transfer research and development results. 
SEC. 201. The Secretary is authorized and directed to— 
(a) conduct, encourage, and promote basic scientific research 
and fundamental studies to develop effective and economical 
processes and equipment for the purpose of converting impaired 
water into water suitable for beneficial uses; 
(b) pursue the findings of research and studies authorized by 
this title having potential practical applications, including appli-
cation to matters other than water conversion, and to other sup-
ply sources such as brackish waters, staged development, and use 
with energy sources; 
(c) conduct engineering and technical work including the 
design, construction, and testing of various processes, systems, 
and pilot plants to develop saline water conversion processes to 
the point of demonstration; 
(d) study methods for recovery, beneficial uses and disposal 
of residuals, and marketing of byproducts resulting from the 
improvement or conversion of impaired water in an environ-
mentally acceptable manner; 
(e) undertake economic studies and surveys to determine 
present and prospective costs of producing water for beneficial 
purposes in various parts of the United States by saline water con-
version processes and, by means of models, or other method-
ologies, prepare and maintain information concerning the 
relation of such conversion processes and systems to other aspects 
of State, regional, and national comprehensive water resources 
planning. 
SEC. 202. (a) The Secretary is authorized to conduct preliminary 
investigations and explore potential cooperative agreements with 
non-Federal utilities and governmental entities in order to develop 
PUBLIC LAW 95-467—OCT. 17, 1978 
92 STAT. 1311 
recommendations for Federal participation in the design, construc-
tion, operation, and maintenance of demonstration and prototype 
plants utilizing advanced saline water technologies for the production 
of water for beneficial use. 
(b) In cari-ying out the provisions of this section, the Secretary 
shall utilize the expertise of the water and power marketing agencies 
of the Department of the Interior or of other Federal agencies to 
insure that the recommended project and the supporting agreements 
are fully integrated and compatible with the water and power systems 
of the region. 
(c) The Secretary is authorized to accept financial and other assist-
ance from any State or public agency in conneotion with studies or 
surveys relating to impaired water and facilities and to enter into 
contract with respect to such assif9tance. 
SEC. 208. The Secretary may issue rules and regulations to effectuate 
the purposes of this title. 
SEC. 204. As used in this title— 
(a) the term "saline and other impaired water" includes but is 
not limited to seawater, brackish water, mineralized ground or 
surface water, irrigation i-eturn flows, and other similarly con-
taminated waters; 
(b) the term "United States" extends to and includes the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, American 
Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands; 
(c) the term "pilot plant" means an experimental unit of suf-
ficient 
size used to evaluate and develop new or improved 
processes or systems and to obtain technical and engineering data; 
(d) the term "demonstration" means a plant of sufficient capac-
ity and reliability to demonstrate on a day-to-day operating basis 
that the process or sysitem is feasible and that such process or sys-
tem has potential for application to water system improvement; 
(e) the term "prototype" means a full-size, first-of-a-kind pro-
duction plant used for the development and study of full-sized 
technology, enei-gy, and process economics. 
SEC. 205. (a) Subsection 2(a) of the Act of August 2,1977 (Public 
Law 95-84) is hereby amended by striking "four" and inserting "five" 
and by striking "Puerto Rico, Virgin Islands, and Guam :" and insert-
ing "the District of Columbia, the Commonwealth of Puerto Rico, 
American Samoa, Guam, the Virgin Islands, the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands:". 
(b) Subsection 2(b) of the Act of August 2, 1977 (Public Law 
95-84) is hereby amended by striking the period at the end of the third 
full sentence and adding the following: ": Provided^ That, the Secre-
tary may waive the obligation of the non-Federal public entity to 
furnish brine disposal facilities if he finds that sucli entity is unable 
financially 
to bear the cost of such facilities.". 
(c) In addition to the snms ])reviously authorized to be appropriated 
to carry out the purpose of section 2 of the Act of August 2,1977 (Pub-
lic Law 95-84) there is hereby authorized to be appropriated for the 
fiscal year ending September 30, 1980 and thereafter, the sum of 
$10,000,000 to remain available until expended. 
Financial 
assistance from 
any State or 
public agency. 
Rules and 
regulations. 
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Definitions. 
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42 use 1959i. 
Waiver. 
Appropriation 
authorization. 
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note. 
92 STAT. 1312 
PUBLIC LAW 95-467—OCT. 17, 1978 
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National center 
for information 
acquisition, 
processing 
and 
dissemination. 
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Center for 
cataloging 
scientific 
research. 
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T I T L E III—TECHN"OLOGY T R A N S F E R AND 
I N F O R M A T I O N 
D I S S E M I N A T I O N 
SEC. 300. The Secretary is authorized to conduct a research assess-
ment and technology transfer program which transfers research and 
development results to other organizations and individuals for further 
development and practical application to water and water-related 
problems. The Secretary may enter into agreements with the State 
and local governments and with other public and private organizations 
and individuals, including cost-sharing or cost-participation agree-
ments, for the transfer or application of research results for the solu-
tion of water-related problems and to further the transfer developed 
by programs authorized under this Act. The Secretary may issue publi-
cations and may conduct seminars, conferences, training sessions, or 
use other such techniques he deems necessary to expedite the transfer 
of research results and technology development. The technology trans-
fer activities will be coordinated with activities undertaken under titles 
I and I I of this Act. 
SEC. 301. The Secretary is further authorized to maintain a national 
center for the acquisition, processing, and dissemination of information 
dealing with all areas of water resources research, technology develop-
ment, and demonstration. Each Federal agency engaged in water 
resources including research, technology development, and demonstra-
tion, shall cooperate by providing the center with documents and other 
pertinent information. The center shall (a) maintain for general use 
a collection of water resources information provided by Federal and 
non-Federal government agencies, colleges, universities, private insti-
tutions, and individuals; (b) issue publications or utilize other media 
to disseminate research, technoloffjr development, and demonstration 
information for the purposes of this Act and enter into agreements 
with public or private organizations or individuals to stimulate acquisi-
tion and dissemination of information, thus contributing to a compre-
hensive, nationwide program of research and development in water 
resources and the avoidance of unnecessary duplication of effort; (c) 
make generally available abstracts and other summary type informa-
tion concerning water resources activities including research projects 
accomplished and in progress by all Federal agencies and by non-
Federal agencies, private institutions, and individuals, to the extent 
such information can be obtained, and reports completed on research 
projects funded under provisions of this Act; and (d) in carrying out 
the information dissemination activities authorized by this section, 
the Secretary shall to the extent feasible use the resources and facilities 
of other agencies and of the clearinghouse for scientific, technical, and 
engineering information established in the Department of Commerce 
pursuant to sections 1151 through 1157 of title 15, United States Code. 
SEC. 302. There shall be established, in such agency and location 
as the President determines to be desirable, a center for cataloging 
current scientific research in all fields of water resources. Each Federal 
agency doing water resources research shall cooperate by providing 
the cataloging center with information on work underway. The cata-
loging center shall classify and maintain for general use a file of 
water resources research and investigation projects in progress or 
scheduled by all Federal agencies and by such non-Federal agencies 
of government, colleges, universities, private institutions, firms, and 
individuals as voluntarily may make such information available. 
PUBLIC LAW 95-467—OCT. 17, 1978 
92 STAT. 1313 
T I T L E I V — G E N E R A L P R O V I S I O N S 
"Secretary." 
42 use 7871. 
SEC, 400. (a) As used in this Act, the term "Secretary" means the 
Secretary of the Interior. 
(b) In carrying out his functions under this Act, the Secretary 
may: 
(1) make grants to educational institutions and 
scientific 
organizations, and enter into contracts with institutions and orga-
nizations and with industrial or engineering firms; 
(2) acquire the services of chemists, physicists, engineers, and 
other personnel by contract or otherwise; 
(3) utilize the facilities of Federal scientific laboratories; 
(4) establish and operate necessary facilities and test sites to 
carry on the continuous research, testing, development, and pro-
graming necessary to effectuate the purposes of this title; 
(5) acquire processes, technical data, inventions, patent appli-
cations, patents, licenses, land and interests in land (including 
water rights), plants and facilities, and other property or rights 
by purchase, license, lease, or donation pursuant to the Federal 
Property and Administrative Services Act (40 LT.S.C. 471) as 
amended, where applicable; 
(6) assemble and maintain pertinent and current scientific liter-
ature, publications, patents, licenses, land and interests in land 
(including water rights thereto); 
(7) cause onsite inspections to be made of promising projects, 
domestic and foreign, and in the case of projects located in the 
United States, cooperate and participate in their development 
when the purposes of this title will be served thereby; 
(8) foster and participate in regional, national, and interna-
tional conferences relating to water resources; 
(9) accept financial and other assistance from any local. State, 
Federal, or other agency or entity in connection with studies or 
surveys relating to water problems and facilities and enter into 
contracts with regard to such assistance; 
(10) coordinate, correlate, and publish information with a view 
to advancing the development of practicable water conversion 
projects; and 
(11) cooperate with other Federal departments and agencies, 
with State and local departments, agencies, and instrumentalities, 
and with interested persons, firms, institutions, and organizations. 
SY.C. 401. (a) (1) There is hereby authorized to be appropriated for 
the purpose of carrying out the program described in subsection 101 (a) 
of this Act an amount sufficient to provide $150,000 to each partici-
pating institute, on a cost-sharing basis, for the fiscal year ending 
September 30, 1979, and an amount sufficient to provide $175,000 to 
each participating institute on a cost-sharing basis, for the fiscal year 
ending September 30,1980. 
(2) There is authorized to be appropriated, on a cost-sharing basis, 
for the purpose of carrying out the provisions of subsection 101 (c) of 
this Act the sum of $750,000 for the fiscal year ending September 30, 
1979, and the sum of $1,350,000 for the fiscal year ending September 30, 
1980, all to remain available until expended. 
(2) Cost sharing under sections 101(a) and 101(c) shall be on the 
Cost sharing, 
basis of two Federal shares to not less than one non-Federal share. 
Federal fimds made available imder this section shall not be used foi-
Appropriation 
authorization. 
42 use 7872. 
92 STAT. 1314 
PUBLIC LAW 95-467—OCT. 17, 1978 
Appropriation 
authorization. 
42 use 7873. 
Appropriation 
authorization. 
42 use 7874. 
Grant 
applications. 
42 use 7875. 
support of indirect costs as defined by current Federal regulations; 
however, such indirect costs may be credited as a non-Federal contribu-
tion to the total cost of activities to be carried out pursuant to the 
Federal grant or contract. 
(b) There is authorized to be appropriated for purposes of carrying 
out the provisions of section 105(a) of this Act for the fiscal year end-
ing September 30,1979, the sum of $6,000,000, and for the fiscal year 
ending September 30, 1980, the sum of $8,500,000, all to remain avail-
able until expended, to match on a dollar-for-dollar basis, funds made 
available by non-Federal sources to meet the necessary expenses of 
specific water resources research and development projects which could 
not otherwise be undertaken, 
(c) There is authorized to be appropriated for purposes of carrying 
out the provisions of section 105(b) of this Act for the fiscal year end-
ing September 30, 1979, the sum of $5,200,000, and for the fiscal year 
ending September 30, 1980, the sum of $8,000,000 all to remain avail-
able until expended, which shall be available on a competitive basis to 
any organization or individual to finance grants, contracts, matching 
grants, or other arrangements which equal 100 per centum, or any 
lesser per centum of the total cost of the project involved. 
(d) There is authorized to be appropriated for purposes of carrying 
out the provisions of section 109 of this Act for the fiscal year ending 
September 30, 1980, the sum of $1,000,000 to remain available until 
expended, which shall be available on a competitive basis to any organi-
zation or individual to finance projects pursuant to the terms of said 
section 109. 
SEC. 402. (a) There is authorized to be appropriated to carry out the 
provisions of title I I of this Act for the fiscal year ending September 
30,1979, the sum of $12,000,000, and for the fiscal year ending Septem-
ber 30,1980, the sum of $14,000,000, all of which is to remain available 
until expended. The categories for which such funds are authorized 
are research, development and demonstration plant studies. The funds 
appropriated to such authorization shall be distributed to the fore-
going categories as determined by prevailing budgetary priorities. 
(b) Not more than 5 per centum of the funds to be made available in 
any fiscal year for research under the authority of this title may be 
expended for foreign activities subject to the approval of the Secretary 
of State to assure that such activities are consistent with the foreign 
policy objectives of the United States, in cooperation with public or 
private agencies in foreign countries for research useful to the pro-
grams in the United States. 
SEC. 403. There is authorized to be appropriated the sum of $4,464,000 
for the fiscal year ending September 30,1979, and the sum of $5,100,000 
for the fiscal year ending September 30,1980, to carry out the sections of 
titles I, II, I I I , and I V of this Act other than those for which special 
specific authorizations are made. 
SEC. 404. Each application for a grant, pursuant to this Act, shall, 
among other things, state the nature of the project to be undertaken, 
the period during which it will be pursued, the water problem it 
addresses, the qualifications of the personnel who will direct and con-
duct it, the importance of the project to the water-related economy of 
the Nation, the need for and expected utilization of the results, the 
region and the State concerned, its relation to other known research 
projects previously conducted or currently being pursued, the pro-
cedures by which the results can be disseminated, and the extent to 
PUBLIC LAW 95-467—OCT. 17, 1978 
92 STAT. 1315 
which it will provide opportunities for the training of water resources 
scientists and engineers. No grant shall be made except for projects 
approved by the Secretary and all grants shall be made upon the basis 
of the merit of the project, the need for the knowledge it is expected to 
produce when completed, and the opportunities it provides for the 
training of water resources scientists and engineers. 
SEC. 405. (a) Sums appropriated pursuant to this Act may be paid 
at such times and in such amounts during each fiscal year as deter-
mined by the Secretary and upon vouchers approved by him. Except 
as may be otherwise specified by this Act, funds received pursuant 
to such payment may be used for any allowable costs within the mean-
ing of the Federal procurement regulations that establish principles 
for determining costs applicable to research and development under 
grants and contracts with educational institutions. 
(b) Each State institute operating pursuant to title I of this Act 
shall have an officer appointed by its governing authority who shall 
receive and account for all funds paid to the institute under the pro-
visions of this Act and who shall provide to the Secretary an annual 
statement of the amounts received imder any of the provisions of 
this Act during the preceding fiscal year, and of its disbursement. If 
any of the moneys received by the authorized receiving officer of any 
State institute under the provisions of this Act shall, by any action 
or contingency, be found by the Secretary to have been improperly 
diminished, lost, or misapplied, it shall be replaced and until so 
replaced no subsequent disbursement of Federal funds shall be made 
to any institute of such State. 
SEC. 406. (a) The Secretary shall cooperate fully with, and shall 
obtain the continuing advice and cooperation of, all agencies of the 
Federal Government concerned with water problems. State and local 
governments, and private institutions and individuals, to assure that 
the programs conducted under this Act will supplement and not 
duplicate other water research and technology programs, will stimu-
late research and development in neglected areas, and will provide 
a comprehensive, nationwide program of water resources research 
and development. In order to further these purposes, as well as to 
assure research undertaken by the Secretary on wastewater treat-
ment and treatment of water for potable use is most responsive to 
needs in implementing the Federal Water Pollution Control Act, as 
amended (Public Law 92-500), and the Safe Drinking Water Act, 
as amended (Public Law 93-523), the Secretary will consult with the 
Administrator of the Environmental Protection Agency in develop-
ing and implementing programs in these areas. The Secretary will 
encourage utilization of the center referred to in title I I I , section 
302, for cataloging current research projects in order to assure that 
programs conducted under this Act will supplement and not dupli-
cate other research and technology programs and will encourage 
other Federal agencies to do likewise. 
(b) The President shall, by such means as he deems appropriate, 
clarify agency responsibilities for Federal water resources research 
and development and provide for interagency coordination of such 
research, including the research authorized by this Act. 
Such 
coordination shall include (1) continuing review of the adequacy of 
the Government-wide program in water resources research and 
development and identification of technical needs in various water 
resources research categories, (2) identification and elimination of 
Conditions. 
42 use 7876. 
42 use 7877,, 
Consultation 
with EPA. 
33 use 1251 
note. 
42 use 201 
note. 
Interagency 
coordination. 
92 STAT. 1316 
PUBLIC LAW 95-467—OCT. 17, 1978 
Report to 
congressional 
committee. 
Property 
conveyance. 
42 use 7878. 
40 use 471 note. 
Patent policy. 
42 use 7879. 
Report to 
Secretary of 
the Interior. 
42 use 7880. 
Report to 
eongress and 
the President. 
Repeals. 
42 use 1961-
1961a-5, 1961b, 
1961c-1961c-8, 
1959-1959h. 
42 use 7881. 
duplication and overlaps between two or more programs, (3) recom-
mendations with respect to allocation of technical effort among the 
Federal agencies, (4) review of technical manpower needs and find-
ings concerning the technical manpower base of the program, (5) 
recommendations concerning management policies to improve the 
quality of the Government-wide research effort, and (6) actions to 
facilitate interagency communication at management levels. 
(c) The Secretary shall report within one year of the date of enact-
ment of this Act to the chairman of the Committee on Science and 
Technology of the House of Representatives concerning actions taken 
by the Secretary and the President to implement this section. 
SEC. 407. (a) Property acquired by the Secretary under this Act for 
use in furtherance of the purposes of this Act may be conveyed to a 
cooperating institute, educational institution, or nonprofit organiza-
tion in accordance with the Federal Property and Administrative 
Services Act of 1949, as amended. 
(b) The Secretary may dispose of water and byproducts resulting 
from his operations under this Act. All moneys received from disposi-
tions under this Act shall be paid into the Treasury as miscellaneous 
receipts except where such operations may be undertaken as a part of a 
Federal reclamation project in which case the financial provisions of 
the reclamation laws (82 Stat. 388 and Acts amendatory thereof and 
supplementary thereto) shall govern. 
SEC. 408. With respect to patent policy and to the definition of title 
to, and licensing of inventions made or conceived in the course of, or 
under any contract or grant pursuant to this Act, and notwithstand-
ing any other provision of law, the Secretary shall be governed by the 
provisions of 
sections 9 and 10 of the Federal Nonnuclear Energy, 
Research, and Development Act of 1974 (Public Law 93-577; 88 Stat. 
1887,1801; 42 U.S.C. 5908, 5909) : Provided 
however, That subsections 
(1) and (n) of section 9 of such Act shall not apply to this Act: Pro-
vided further, 
however, That, subject to the patent policy of section 
408, all research or development contracted for, sponsored, cospon-
sored, or authorized under authority of this Act, shall be provided 
in such manner that all information, data, and knowhow, regardless 
of their nature or mediums, resulting from such research and devel-
opment will (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 consonant with 
the purpose of this Act. 
SEC. 409. The institutes shall submit a summary report to the 
Secretary on or before January 31 of each year which highlights 
research and development work accomplished during the preceding 
fiscal year, the status of projects underway, and recommended future 
projects. This report is in addition to such other reports as may be 
required by sections 101(b) and 405(b) of this Act. The Secretary 
shall submit a summary report to the President and the Congress on 
or before April 1 of each year which summarizes program activities of 
the preceding fiscal year and projects for the future. 
SEC. 410. (a) The Water Resources Research Act of 1964 (Public 
Law 88-379, 78 Stat. 329; 42 U.S.C. 1961 et seq.), as amended, and the 
Saline Water Conversion Act of 1971 (Public Law 92-60, 85 Stat. 159; 
42 U.S.C. 1959 et seq.), as amended, are hereby repealed. 
(b) Nothing elsewhere in this Act is intended to repeal, supersede, 
or diminish existing authorities or responsibilities of any agency of 
the Federal Government concerning water resources. 
PUBLIC LAW 95-467—OCT. 17, 1978 
92 STAT. 1317 
(c) Nothing in this Act shall be construed to alter existing law with 
respect to the ownership and control of water. 
SEC. 411. Any rules, regulations, guidelines, interpretations, orders, 
or requirements of general applicalDility prescribed by the Secretary of 
the Interior in connection with, or affecting, the administration of any 
program authorized by this Act or by section 2 of the Act of August 2, 
197T (Public Law 95-84) shall be transmitted to the Speaker of the 
House of Representatives and the President of the Senate and shall 
not become effective for thirty days after the date of such transmittal. 
The thirty day period shall be deemed to run without interruption 
except during periods when either House is in adjournment sine die, 
in adjournment subject to the call of the Chair, or in adjournment to a 
day certain for a period of more than four consecutive days. 
SEC. 412. Notwithstanding any other provision of this Act, authority 
to enter into contracts or cooperative agreements and to make pay-
ments under this Act shall be effective only to the extent or in such 
amounts as are provided in advance in appropriation Acts. 
Approved October 17, 1978. 
Transmittal to 
Speaker of the 
House and 
President of the 
Senate. 
42 u s e 7882. 
42 u s e 1959i. 
42 u s e 7883. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1156 accompanying H.R. 11226 (eomm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 95-836 (eomm. on Environment and Public Works). 
eONGRESSIONAL REeORD, Vol. 124 (1978): 
May 25, considered and passed Senate. 
July 11, H.R. 11226 considered and passed House; passage vacated and S. 2704, 
amended, passed in lieu. 
Sept. 25, Senate concurred in House amendment with amendments. 
Oct. 2, House concurred in Senate amendments. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 42: 
Oct. 17, Presidential statement.