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43 U.S.C. § 2402 — Rural water supply program

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 2402 — Rural water supply program

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Stable record: federal_law:legal_authorities:record_usc_159716add0c547b1c9eee459
Source file: Laws/federal/codes/united-states-code/title-43/section-2402-rural-water-supply-program--63cd822d77.md
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Source location: Title 43, Chapter 42, § 2402; chapter-042-rural-water-supply.md

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**(a) In general** The Secretary, in cooperation with non-Federal project entities and consistent with this subchapter, may carry out a rural water supply program in Reclamation States to— (1) investigate and identify opportunities to ensure safe and adequate rural water supply projects for domestic, municipal, and industrial use in small communities and rural areas of the Reclamation States; (2) plan the design and construction, through the conduct of appraisal investigations and feasibility studies, of rural water supply projects in Reclamation States; and (3) oversee, as appropriate, the construction of rural water supply projects in Reclamation States that are recommended by the Secretary in a feasibility report developed pursuant to [section 2405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2405&num=0&edition=prelim) and subsequently authorized by Congress. **(b) Non-Federal project entity** Any activity carried out under this subchapter shall be carried out in cooperation with a qualifying non-Federal project entity, consistent with this subchapter. **(c) Eligibility criteria** Not later than 1 year after December 22, 2006, the Secretary shall, consistent with this subchapter, develop and publish in the Federal Register criteria for— (1) determining the eligibility of a rural community for assistance under the Program; and (2) prioritizing requests for assistance under the Program. **(d) Factors** The criteria developed under subsection (c) shall take into account such factors as whether— (1) a rural water supply project— (A) serves— (i) rural areas and small communities; or (ii) Indian tribes; or (B) promotes and applies a regional or watershed perspective to water resources management; (2) there is an urgent and compelling need for a rural water supply project that would— (A) improve the health or aesthetic quality of water; (B) result in continuous, measurable, and significant water quality benefits; or (C) address current or future water supply needs; (3) a rural water supply project helps meet applicable requirements established by law; and (4) a rural water supply project is cost effective. **(e) Inclusions** The Secretary may include— (1) to the extent that connection provides a reliable water supply, a connection to pre-existing infrastructure (including impoundments and conveyance channels) as part of a rural water supply project; and (2) notwithstanding the limitation on population under [section 2401(9)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2401/9/A&num=0&edition=prelim), a town or community with a population in excess of 50,000 inhabitants in an area served by a rural water supply project if, at the discretion of the Secretary, the town or community is considered to be a critical partner in the rural supply project.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 2405 — Feasibility studies

**(a) In general** On completion of an appraisal report under [section 2404(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2404/c&num=0&edition=prelim) that recommends undertaking a feasibility study and subject to the availability of appropriations, the Secretary shall— (1) in cooperation with a non-Federal project entity, carry out a study to determine the feasibility of the proposed rural water supply project; (2) receive and review a feasibility study that is— (A) developed by the non-Federal project entity, with or without support from the Secretary; and (B) submitted to the Secretary by the non-Federal project entity; or (3) (A) provide a grant to, or enter into a cooperative agreement with, a non-Federal project entity to conduct a feasibility study, for submission to the Secretary, if the Secretary determines that— (i) the non-Federal entity is qualified to complete the feasibility study in accordance with the criteria promulgated under subsection (d); and (ii) using the non-Federal project entity to conduct the feasibility study is a cost-effective alternative for completing the appraisal investigation; or (B) if the Secretary determines not to provide a grant to, or enter into a cooperative agreement with, a non-Federal project entity under subparagraph (A), provide to the non-Federal project entity notice of the determination, including an explanation of the reason for the determination. **(b) Review of non-Federal feasibility studies** (1) **In general** — In conducting a review of a feasibility study submitted under paragraph (2) or (3) of subsection (a), the Secretary shall— (A) in accordance with the feasibility factors described in subsection (c) and the criteria promulgated und

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2405

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 2401 — Definitions

In this subchapter: (1) **Construction** — The term “construction” means the installation of infrastructure and the upgrading of existing facilities in locations in which the infrastructure or facilities are associated with the new infrastructure of a rural water project recommended by the Secretary pursuant to this subchapter. (2) **Federal reclamation law** — The term “Federal reclamation law” means the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ([43 U.S.C. 371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section371&num=0&edition=prelim) et seq.). (3) **Indian** — The term “Indian” means an individual who is a member of an Indian tribe. (4) **Indian tribe** — The term “Indian tribe” has the meaning given the term in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim). (5) **Non-Federal project entity** — The term “non-Federal project entity” means a State, regional, or local authority, Indian tribe or tribal organization, or other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association. (6) **Operations, maintenance, and replacement costs** (A) *In general* — The term “operations, maintenance, and replacement costs” means all costs for the operation of a rural water supply project that are necessary for the safe, efficient, and continued functioning of the project to produce the benefits described in a feasibility study. (B) *Inclusions* — The term “operations, maintenance, and replacement costs” includes— (i) repairs of a routine nature that maintain a rural water supply project in a well kept condition; (ii) replacem

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2401

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 2402 — Rural water supply program

Page 632 TITLE 43—PUBLIC LANDS § 2402 tion district, water conservancy district, or rural water district or association. (6) Operations, maintenance, and replacement costs (A) In general The term ‘‘operations, maintenance, and replacement costs’’ means all costs for the operation of a rural water supply project that are necessary for the safe, efficient, and continued functioning of the project to produce the benefits described in a feasi- bility study. (B) Inclusions The term ‘‘operations, maintenance, and replacement costs’’ includes— (i) repairs of a routine nature that main- tain a rural water supply project in a well kept condition; (ii) replacement of worn-out project ele- ments; and (iii) rehabilitation activities necessary to bring a deteriorated project back to the original condition of the project. (C) Exclusion The term ‘‘operations, maintenance, and replacement costs’’ does not include con- struction costs. (7) Program The term ‘‘Program’’ means the rural water supply program carried out under section 2402 of this title. (8) Reclamation States The term ‘‘Reclamation States’’ means the States and areas referred to in the first sec- tion of the Act of June 17, 1902 (43 U.S.C. 391). (9) Rural water supply project (A) In general The term ‘‘rural water supply project’’ means a project that is designed to serve a community or group of communities, each of which has a population of not more than 50,000 inhabitants, which may include Indian tribes and tribal organizations, dispersed homesites, or rural areas with domestic, in- dustrial, municipal, and residential water. (B) Inclusion The term ‘‘rural water supply project’’ in- cludes— (i) incidental noncommercial livestock watering and noncommercial irrigation of vegetation a

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 2402

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