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43 U.S.C. § 2406 — Miscellaneous
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary** The Secretary may enter into contracts, financial assistance agreements, and such other agreements, and promulgate such regulations, as are necessary to carry out this subchapter.
**(b) Transfer of projects** Nothing in this subchapter authorizes the transfer of pre-existing facilities or pre-existing components of any water system from Federal to private ownership or from private to Federal ownership.
**(c) Federal reclamation law** Nothing in this subchapter supersedes or amends any Federal law associated with a project, or portion of a project, constructed under Federal reclamation law.
**(d) Interagency coordination** The Secretary shall coordinate the Program carried out under this subchapter with existing Federal and State rural water and wastewater programs to facilitate the most efficient and effective solution to meeting the water needs of the non-Federal project sponsors.
**(e) Multiple Indian tribes** In any case in which a contract is entered into with, or a grant is made, to 11 So in original. The comma probably should follow “to”. an organization to perform services benefitting more than 1 Indian tribe under this subchapter, the approval of each such Indian tribe shall be a prerequisite to entering into the contract or making the grant.
**(f) Ownership of facilities** Title to any facility planned, designed, and recommended for construction under this subchapter shall be held by the non-Federal project entity.
**(g) Expedited procedures** If the Secretary determines that a community to be served by a proposed rural water supply project has urgent and compelling water needs, the Secretary shall, to the maximum extent practicable, expedite appraisal investigations and reports conducted under [section 2404 of this title](h
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Source location: Title 43, Chapter 42, § 2406; chapter-042-rural-water-supply.md
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**(a) Authority of Secretary** The Secretary may enter into contracts, financial assistance agreements, and such other agreements, and promulgate such regulations, as are necessary to carry out this subchapter.
**(b) Transfer of projects** Nothing in this subchapter authorizes the transfer of pre-existing facilities or pre-existing components of any water system from Federal to private ownership or from private to Federal ownership.
**(c) Federal reclamation law** Nothing in this subchapter supersedes or amends any Federal law associated with a project, or portion of a project, constructed under Federal reclamation law.
**(d) Interagency coordination** The Secretary shall coordinate the Program carried out under this subchapter with existing Federal and State rural water and wastewater programs to facilitate the most efficient and effective solution to meeting the water needs of the non-Federal project sponsors.
**(e) Multiple Indian tribes** In any case in which a contract is entered into with, or a grant is made, to 11 So in original. The comma probably should follow “to”. an organization to perform services benefitting more than 1 Indian tribe under this subchapter, the approval of each such Indian tribe shall be a prerequisite to entering into the contract or making the grant.
**(f) Ownership of facilities** Title to any facility planned, designed, and recommended for construction under this subchapter shall be held by the non-Federal project entity.
**(g) Expedited procedures** If the Secretary determines that a community to be served by a proposed rural water supply project has urgent and compelling water needs, the Secretary shall, to the maximum extent practicable, expedite appraisal investigations and reports conducted under [section 2404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2404&num=0&edition=prelim) and feasibility studies and reports conducted under [section 2405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2405&num=0&edition=prelim).
**(h) Effect on State water law**
(1) **In general** — Nothing in this subchapter preempts or affects State water law or an interstate compact governing water.
(2) **Compliance required** — The Secretary shall comply with State water laws in carrying out this subchapter.
**(i) No additional requirements** Nothing in this subchapter requires a feasibility study for, or imposes any other additional requirements with respect to, rural water supply projects or programs that are authorized before December 22, 2006.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) In general** On request of a non-Federal project entity with respect to a proposed rural water supply project that meets the eligibility criteria published under [section 2402(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2402/c&num=0&edition=prelim) and subject to the availability of appropriations, the Secretary may—
(1) receive and review an appraisal investigation 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;
(2) conduct an appraisal investigation; or
(3) provide a grant to, or enter into a cooperative agreement with, the non-Federal project entity to conduct an appraisal investigation, if the Secretary determines that—
(A) the non-Federal project entity is qualified to complete the appraisal investigation in accordance with the criteria published under [section 2402(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2402/c&num=0&edition=prelim); and
(B) using the non-Federal project entity to conduct the appraisal investigation is a cost-effective alternative for completing the appraisal investigation.
**(b) Deadline** An appraisal investigation conducted under subsection (a) shall be scheduled for completion not later than 2 years after the date on which the appraisal investigation is initiated.
**(c) Appraisal report** In accordance with subsection (f), after an appraisal investigation is submitted to the Secretary under subsection (a)(1) or completed under paragraph (2) or (3) of subsection (a), the Secretary shall prepare an appraisal report that—
(1) considers—
(A) whether the project meets—
(i) the appraisal criter
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2404
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Federal law — U.S. Code and appendices · legal_authorities
Page 637
TITLE 43—PUBLIC LANDS
§ 2408
1 So in original. The comma probably should follow ‘‘to’’.
sibility study carried out under this section
shall not exceed 50 percent of the study costs.
(2) Form
The non-Federal share under paragraph (1)
may be in the form of any in-kind services
that the Secretary determines would con-
tribute substantially toward the conduct and
completion of the study.
(3) Financial hardship
The Secretary may increase the Federal
share of the costs of a feasibility study if the
Secretary determines, based on a demonstra-
tion of financial hardship, that the non-Fed-
eral participant is unable to contribute at
least 50 percent of the costs of the study.
(4) Larger communities
In conducting a feasibility study of a rural
water supply system that includes a commu-
nity with a population in excess of 50,000 in-
habitants, the Secretary may require the non-
Federal project entity to pay more than 50
percent of the costs of the study.
(h) Consultation and cooperation
In addition to the non-Federal project entity,
the Secretary shall consult and cooperate with
appropriate Federal, State, tribal, regional, and
local authorities during the conduct of each fea-
sibility assessment and development of the fea-
sibility report conducted under this subchapter.
(Pub. L. 109–451, title I, § 106, Dec. 22, 2006, 120
Stat. 3351.)
§ 2406. Miscellaneous
(a) Authority of Secretary
The Secretary may enter into contracts, fi-
nancial assistance agreements, and such other
agreements, and promulgate such regulations,
as are necessary to carry out this subchapter.
(b) Transfer of projects
Nothing in this subchapter authorizes the
transfer of pre-existing facilities or pre-existing
components of any water system from Federal
to private owner
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 2406
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