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Part 301


Procedures under Surface Mining Control and

Reclamation Act of 1977




AUTHORITY: Sec. 201, Pub. L. 95-87, 91 Stat. 445, 30 U.S.C. 1201 et seq.

diction of administrative law judges and the Interior Board of Surface Mining and Reclamation Appeals, Office of Hearings and Appeals, see Subpart L of part 4 of subtitle AOffice of the Secretary of the Interior, of title 43 CFR. Subpart A of part 4 and all of the general rules in subpart B of part 4 not inconsistent with the special rules in subpart L of part 4 are also applicable to such hearings, appeals and other review proceedings. (43 FR 41974, Sept. 19, 1978)

8 301.1 Cross reference.

For special rules applicable to hearings, appeals, and other review procedures relating to surface mining control and reclamation within the juris



Part 401 402

Page 456

State Water Research Institute Program....
Water-Resources Research Program and the

Resources Technology Development Pro-




tions and make the determinations that, under the Act, are the responsibility of the Secretary.

Subpart A-General

Sec. 401.1 Purpose. 401.2 Delegation of authority. 401.3 Definitions. 401.4 Information collection. 401.5 (Reserved)

Subpart B-Designation of Institutes; Institute


401.6 Designation of institutes. 401.7 Programs of institutes. 401.8-401.10 (Reserved)

Subpart C—Application and Management


401.11 Applications for grants. 401.12 Program management. 401.13-401.18 (Reserved)

8 401.3 Definitions.

Act means the Water Resources Research Act of 1984 (Pub. L. 98–242, 98 Stat. 97).

Fiscal year means a 12-month period ending on September 30.

Director means the Director of the USGS or a designee.

Grant means the funds made available to an institute in a particular fiscal year pursuant to section 104 of the Act and the regulations in this chapter.

Grantee means the college or university at which an institute is established.

Granting agency means the USGS.

Institute means a water resources research institute, center, or equivalent agency established in accordance with Title I of the Act.

Region means any grouping of two or more institutes mutually chosen by themselves to reflect a commonality of water-resources problems.

Scientists means individuals engaged in any professional discipline, including the life, physical or social sciences, and engineers.

Secretary means the Secretary of the Interior or a designee.

State means each of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, the District of Columbia, Guam, American Samoa, the Commonwealth of the Mariana Islands, and the Federated States of Micronesia.

Subpart D-Reporting

401.19 Reporting procedures. 401.20-401.25 (Reserved)

Subpart E-Evaluation

401.26 Evaluation of institutes.

AUTHORITY: 42 U.S.C. 10303.

SOURCE: 50 FR 23114, May 31, 1985, unless otherwise noted.

Subpart A-General

8 401.1 Purpose.

The regulations in this part are issued pursuant to title I of the Water Research Act of 1984 (Pub. L. 98-242, 98 Stat. 97) which authorizes appropriations to, and confers authority upon, the Secretary of the Interior to promote a national program of waterresources research.

(50 FR 23114, May 31, 1985, as amended at 58 FR 27204, May 7, 1993)

8 401.2 Delegation of authority.

The State Water Research Institute Program, as authorized by section 104 of the Act, has been established as a component of the U.S. Geological Survey (USGS). Secretary of the Interior has delegated to the Director of the USGS authority to take the ac

8 401.4 Information collection.

(a) The information collection requirements contained in sections 401.11 and 401.19 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 10280044. The information will be used to

support water related research and provide performance reports on accomplishments achieved under Pub. L. 98-242, 98 Stat. 97 (42 U.S.C. 10303). This information allows the agency to determine compliance with the objectives and criteria of the grant programs. Response is mandatory in accordance with 30 CFR 401.11 and 401.19.

(b) Public reporting burden for the collection of information is estimated to average 84 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate, or any other suggestions for reducing the burden, to Paperwork Management Officer, U.S. Geological Survey, Paperwork Management Section MS 208, Reston, Virginia 22092 and the Office of Management and Budget, Paperwork Reduction Project (1028-0044), Washington, DC 20503.

university that has been designated by act of the legislature for the purposes of the Act, or;

(3) If there is more than one "landgrant" institution in the State, and no designation has been made according to paragraph (a)(2) of this section, the institute has been established at the one such institution designated by the Governor of the State to participate in the program, or;

(4) The institute has been designated as an interstate or regional institute by two or more cooperating States as provided in the Act.

(b) The certification of designation made pursuant to paragraph (a) of this section shall originate following the issuance of these regulations, be signed by the highest ranking officer of the college or university at which the institute is established and be submitted to the Director within 90 days of the effective date of these regulations. It shall be accompanied either by the evidence of establishment under the provisions of 30 CFR part 401 or by new evidence of establishment made pursuant to these regulations.

(c) Any institute not previously established under the provisions of the Water Resources Act of 1964 (Pub. L. 88-379, 78 Stat. 331) or the Water Research and Development Act of 1978 (Pub. L. 95-467, 92 Stat. 1305) shall also, in addition to the annual program application specified in $ 401.11 of this chapter, submit to the Director the following information:

(1) Evidence of the appointment by the governing authority of the college or university of an officer to receive and account for all funds paid under the provisions of the Act and to make annual reports to the granting agency on work accomplished; and

(2) A management plan for meeting the requirements of the evaluation mandated by $ 401.26.

(58 FR 27204, May 7, 1993)

$ 401.5 (Reserved)

Subpart B-Designation of Institutes;

Institute Programs

8 401.6 Designation of institutes.

(a) As a condition of recognition as an established institute under the provisions of this chapter, each institute shall provide to the Director written evidence that it conforms to the requirements of subsection 104(a) of the Act, in that:

(1) The institute is established at the college or university in the State that was established in accordance with the Act of July 21, 1862 (12 Stat. 503; 7 U.S.C. 301ff), i.e., a "land-grant" institution, or;

(2) If established at some other insti. tution, the institute is at a college or

(50 FR 23114, May 31, 1985, as amended at 58 FR 27204, May 7, 1993)

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