[Senate Report 104-252]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 366
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-252
_______________________________________________________________________


 
            WATER RESOURCES RESEARCH ACT AMENDMENTS OF 1996

                                _______


                 April 16, 1996.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1743]

    The Committee on Environment and Public Works, to which was 
referred the bill (H.R. 1743) to amend the Water Resources 
Research Act of 1984 to extend the authorization of 
appropriations through fiscal year 2000, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                           General Statement

    This legislation continues the active partnership between 
the Federal Government and non-Federal water resources 
researchers, a partnership that is centered at the university 
community. Specifically, H.R. 1743 extends the authorization 
for the State water resources research institutes 
(``Institutes'') to address water resources management problems 
such as the abundance and quality of water supplies, the 
sources of water contaminants and methods of remediation, and 
the training of research scientists, engineers and technicians.
    These 54 Institutes, which award grant funds for research 
projects, have been established at land grant colleges in each 
of the 50 States, and in the Virgin Islands, Guam, the District 
of Columbia, and Puerto Rico. The strength of the Institutes is 
their location within the university community, where a 
multitude of disciplines can be concentrated on water problems, 
offering new and innovative approaches. Funds are distributed 
among the Institutes in every State, assuring the widest 
possible geographic search for new information.
    In addition to reauthorizing the institutional grants 
program, H.R. 1743 reauthorizes the investigation of interstate 
or regional water resources problems. Although the regional 
water research program, known as the Section 104(g) program, 
has not received Federal funding in recent years, greater 
regional cooperation among the Institutes and the States should 
be occurring.
    Authorization for the institutional grants program and the 
104(g) program lapsed at the end of fiscal year 1995. Funding 
and authority for the institutional grants program was provided 
in the fiscal year 1996 Interior Appropriations Act.

                               Background

    The Water Resources Research Act (42 U.S.C. 10301 et seq.) 
was originally enacted in 1964. The Act authorizes a program of 
water-related research and training of scientists and engineers 
to enter fields of water research and management. This program, 
administered at the 54 land grant college based-Institutes, is 
under the general guidance of the Secretary of the Interior. 
The Institutes receive grants disbursed by the Secretary which 
must be matched dollar-for-dollar, by non-Federal dollars.
    In 1991, the National Academy of Science's National 
Research Council released a report with recommendations to 
advise the Water Resources Division (WRD) of the U.S. 
Geological Survey (USGS) on how it could marshal its resources 
most effectively to confront emerging water resources problems. 
The National Research Council believes WRD should continue to 
administer the grants program authorized under the Water 
Resources Research Act. The report stated that the arrangement 
between USGS and the Institutes is a benefit to the university 
research community, to the States and regions where Institutes 
are located, and to the water resources profession in general.
    In administering the State water resources research 
institute program, the Interior Department has distributed 
appropriated funds equally among the Institutes. The 
Institutes, in turn, award research funds through a 
competitive, peer review process. Each Institute maintains one 
or more advisory panels comprised of local, State, and Federal 
water officials, representatives from water user groups, and 
other interested parties. Annually, these groups develop 
research priorities for their States and review the allocation 
of funds among various competing projects. In this way, 
individual Institutes are able to focus grants on the most 
pressing water problems and issues affecting the host State.
    This plan has worked well. However, as funding to support 
water resources research has become more limited, the Interior 
Department should continue to develop plans to strengthen 
competition in the distribution of Federal funds to the 
Institutes. Since the research agenda for this program is 
established by each State to meet its individual needs, the 
Department should take great care to ensure that it does not 
impose new restrictions on State water resources research 
programs and that it considers the priorities and funding 
recommendations of the State advisory panels. The Department 
shall maintain a level of funding for the institutional grants 
at each Institute sufficient to maintain the basic network 
infrastructure for efficient State, regional, and national 
research coordination, collaboration, education and information 
transfer.
    The Department should consider making available, on a 
competitive basis, a significant percentage of funds expended 
on research by the Geological Survey's Water Resources 
Division. This external research program could be coordinated 
through the State Institutes as a gateway into the academic 
community.
    States are also encouraged to continue their interstate 
cooperation under the Section 104(g) program, which is 
reauthorized in this bill, as reported, to address regional and 
national issues affecting their individual States. By 
continuing and enhancing these collaborative efforts, the State 
Institutes can better address critical issues on long-term 
water planning and supply that may exceed the resources of one 
State.

                      Section-by-Section Analysis

                          SECTION 1. FINDINGS

    The Water Resources Research Act sets forth a number of 
benefits to be achieved through water resources research. This 
section adds the goals of encouraging management of water 
resources for the productivity of agricultural and natural 
resources systems and strengthening long-term water resources 
planning, policy development, and problem-solving capacity of 
States.

                           SECTION 2. PURPOSE

    The existing Act declares its purpose to be to ``assist the 
Nation and the States in augmenting their water resources 
science and technology'' as a way to achieve certain 
objectives. This section adds as an additional objective long-
term planning and research to meet future water management, 
quality and supply changes.

                   SECTION 3. GRANTS; MATCHING FUNDS

    This section makes permanent the requirement that 
recipients of the Federal grant match the grant on the basis of 
two non-Federal dollars to each Federal dollar.

          SECTION 4. GENERAL AUTHORIZATIONS OF APPROPRIATIONS

    The 1984 Act authorized $10,000,000 annually to cover all 
general water resources research for the Institutes. H.R. 1743 
authorizes the institutional grants program at $5,000,000 for 
fiscal year 1996; $7,000,000 for fiscal years 1997 and 1998; 
and $9,000,000 for fiscal years 1999 and 2000, for a total of 
$37,000,000.

  SECTION 5. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH FOCUSED ON 
                  WATER PROBLEMS OF INTERSTATE NATURE

    This section authorizes $3,000,000 for each of the fiscal 
years 1996 through 2000 for the Section 104(g) program, for a 
total of $15,000,000.

                        section 6. coordination

    This section directs the Secretary of Interior to encourage 
other Federal agencies to take advantage of the expertise and 
capabilities of the Institutes and to facilitate cooperation 
with other Federal water resources programs. It establishes a 
mechanism for contracts and cooperative agreements between the 
Department and other agencies to achieve better coordination. 
The Secretary is directed to report to Congress each year on 
these coordination efforts.
    The Secretary is further authorized to establish an 
internship program for qualified undergraduate and graduate 
students. Finally, the bill states that nothing in this Act 
shall preempt the rights and authorities of any State with 
respect to its water resources or management of those 
resources.

                                Hearings

    No hearings were held on the bill.

                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report on that 
legislation.
    At the business meeting of the Committee on Environment and 
Public Works on March 28, 1996, the bill H.R. 1743 was amended 
and ordered to be reported favorably by voice vote. No rollcall 
vote was taken.

                           Regulatory Impact

    In compliance with Section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact of the bill.
    The bill does not create any additional regulatory burdens.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 15, 1996.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1743, a bill to 
amend the Water Resources Research Act of 1984 to extend the 
authorizations of appropriations through fiscal year 2000, and 
for other purposes.
    Enactment of H.R. 1743 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.

               congressional budget office cost estimate

    1. Bill number: H.R. 1743.
    2. Bill title: A bill to amend the Water Resources Research 
Act of 1984 to extend the authorizations of appropriations 
through fiscal year 2000, and for other purposes.
    3. Bill status: As ordered reported by the Senate Committee 
on Environment and Public Works on March 28, 1996.
    4. Bill purpose: The bill would authorize the Secretary of 
the Interior to provide grants to water resources research and 
technology institutes located in the States and U.S. 
territories for:
          general research in the amount of $5 million in 
        fiscal year 1996, $7 million in each of fiscal years 
        1997 and 1998, and $9 million in each of fiscal ycars 
        1999 and 2000; and
          research focused on water problems of an interstate 
        nature in the amount of $3 million in each of fiscal 
        years 1996, 1997, 1998, 1999, and 2000.
    5. Estimated cost to the Federal Government: CBO estimates 
that the Federal Government would spend an additional $47 
million to implement this bill over the 1996-2000 period. This 
estimate assumes appropriation of the authorized amounts and 
spending at rates consistent with historical experience.

----------------------------------------------------------------------------------------------------------------
                                                              1996       1997       1998       1999       2000  
----------------------------------------------------------------------------------------------------------------
Spending Under Current Law:                                                                                     
    Budget Authority \1\.................................          5          0          0          0          0
    Estimated Outlays....................................          5          0          0          0          0
Proposed Changes:                                                                                               
    Authorization Level..................................          3         10         10         12         12
    Estimated Outlays....................................          0         13         10         12         12
Spending Under H.R. 1743:                                                                                       
    Authorization Level \1\..............................          8         10         10         12         12
    Estimated Outlays....................................          5         13         10         12         12
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level includes amounts already appropriated for that year.                                         

    The costs of this bill fall within budget function 300.
    6. Pay-as-you-go considerations: None.
    7. Estimated impact on State, local, and tribal 
governments: The bill contains no intergovernmental mandates as 
defined by Public Law 104-4, and would impose no new direct 
costs on State, local, or tribal governments. The bill would 
extend the authorization of appropriations for grants to water 
resources research institutes, which are located at 
universities or colleges in each of the 50 State, the trust 
territories, and the District of Columbia. Most of the research 
institutes are located at public, land-grant universities.
    The bill would authorize appropriations of $37 million for 
fiscal years 1996 through 2000 for general research ($5 million 
has already been provided for this purpose in fiscal year 
1996). In order to receive funding, the research institutes 
would have to match each dollar of grant money with at least 
two dollars from non-Federal sources. The bill would also 
authorize appropriations of $15 million for fiscal years 1996 
through 2000 for research on interstate water problems. The 
institutes would have to match this grant money dollar-for-
dollar with funds from other sources.
    8. Estimated impact on the private sector: The bill would 
impose no new private sector mandates, as defined in Public Law 
104-4.
    9. Previous CBO estimate: On August 22, 1995, CBO provided 
an estimate for H.R. 1743, a bill to amend the Water Resources 
Research Act of 1984 to extend the authorization of 
appropriations through fiscal year 2000, and for other 
purposes, as ordered reported by the House Committee on 
Resources on August 2, 1995. CBO estimated that the Federal 
Government would spend $37 million to implement that bill over 
the 1996-2000 period. The difference in the estimates reflects 
different authorization levels in the two bills and the fact 
that appropriations have now been provided for 1996.
    10. Estimate prepared by: Federal cost estimate--Gary 
Brown; State and local government impact--Pepper Santalucia; 
Private sector impact--Amy Downs.
    11. Estimate approved by: Paul Sunshine for Paul N. Van de 
Water, Assistant Director of Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: existing law as proposed to 
be omitted is printed inside of bold brackets; new matter 
proposed to be added to existing law is printed in italic; and 
existing law in which no change is proposed is shown in roman.

                           UNITED STATES CODE

                TITLE 42--THE PUBLIC HEALTH AND WELFARE

                 CHAPTER 109--WATER RESOURCES RESEARCH

                  WATER RESOURCES RESEARCH ACT OF 1984

          * * * * * * *
    Sec. 10301. The Congress finds and declares that--
          (1) * * *
          (2) the management of water resources is closely 
        related to maintaining environmental quality, 
        productivity of natural resources and agricultural 
        systems, and social well-being;
          * * * * * * *
          (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; [and]
          (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[.];
          (8) long-term planning and policy development are 
        essential to assuring the availability of an abundant 
        supply of high quality for domestic and other uses; and
          (9) the States must have the research and problem-
        solving capacity necessary to effectively manage their 
        water resources.
    Sec. 10302. It is the purpose of this Act to assist the 
Nation and the States in augmenting their water resources 
science and technology as a way to--
          (1) * * *
          * * * * * * *
          (5) to promote more effective coordination of the 
        Nation's water resources research program; [and]
          (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.
    Sec. 10303. (a) * * *
          * * * * * * *
    (c) From the sums appropriated pursuant to subsection (f) 
of this section, the Secretary shall make grants to each 
institute to be matched on a basis of no less than [one non-
Federal dollar for every Federal dollar during the fiscal years 
ending September 30, 1985, and September 30, 1986, one and one-
half non-Federal dollars for each Federal dollar during the 
fiscal years ending September 30, 1987, and September 30, 1988, 
and two non-Federal dollars for each Federal dollar during the 
fiscal year ending September 30, 1989 and thereafter] two non-
Federal dollars for every Federal dollar, such sums to be used 
only for the reimbursement of the direct cost expenditures 
incurred for the conduct of the water resources research 
program.
          * * * * * * *
    (f)(1) For the purpose of carrying out this section, there 
is authorized to be appropriated to the Secretary the sum [of 
$10,000,000 for each of the fiscal years ending September 30, 
1989, through September 30, 1995] of $5,000,000 for fiscal year 
1996, $7,000,000 for fiscal years 1997 and 1998, and $9,000,000 
for fiscal years 1999 and 2000, such sums to remain available 
until expended.
    (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 $5,000,000 for each of the fiscal years 1991, 1992, 
1993, 1994, and 1995] of $3,000,000 for each of fiscal years 
1996 through 2000 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 be 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.
          * * * * * * *
    (h)(1) To carry out provisions of this Act, 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 which are 
        available through the institutes established by this 
        section on a cooperative or other basis;
          (B) shall encourage cooperation and coordination with 
        their Federal programs concerned with water resources 
        problems and issues;
          (C) may enter into contracts, cooperative agreements, 
        and other transactions without regard to section 3709 
        of the Revised Statutes (41 U.S.C. 5);
          (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 rules and regulations as he 
        deems appropriate; and
          (F) may support a program of internships for 
        qualified individuals at the undergraduate and graduate 
        level to carry out the educational and training 
        objectives of this Act.
    (2) The Secretary shall report to Congress annually on 
coordination effects with other Federal departments, agencies, 
and instrumentalities under paragraph (1).
    (3) Nothing in this Act shall preempt the rights and 
authorities of any State with respect to its water resources or 
management of those resources.
          * * * * * * *