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43 U.S.C. § 390h — Program to investigate reclamation and reuse of wastewater and groundwater; general authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Program established** The Secretary of the Interior (hereafter “Secretary”), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto (hereafter “Federal reclamation laws”), is directed to undertake a program to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater, and to conduct research, including desalting, for the reclamation of wastewater and naturally impaired ground and surface waters.
**(b) States included** Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) [[43 U.S.C. 391](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section391&num=0&edition=prelim)] as amended, and the State of Hawaii.
**(c) Agreements and regulations** The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of sections 390h to 390h–39 of this title.
**(d) San Luis Unit of Central Valley Project, California** The Secretary shall not investigate, promote or implement, pursuant to sections 390h to 390h–39 of this title, any project intended to reclaim and reuse agricultural wastewater generated in the service area of the San Luis Unit of the Central Valley Project, California, except those measures recommended for action by the San Joaquin Valley Drainage Program in the report entitled A Management Plan for Agricultural Subsurface Drainage and Related Problems on the
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Source file: Laws/federal/codes/united-states-code/title-43/section-390h-program-to-investigate-reclamation-and-reuse-of-wastewater-and-groundwat--02a313643f.md
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Source location: Title 43, Chapter 12, § 390h; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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**(a) Program established** The Secretary of the Interior (hereafter “Secretary”), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto (hereafter “Federal reclamation laws”), is directed to undertake a program to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater, and to conduct research, including desalting, for the reclamation of wastewater and naturally impaired ground and surface waters.
**(b) States included** Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) [[43 U.S.C. 391](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section391&num=0&edition=prelim)] as amended, and the State of Hawaii.
**(c) Agreements and regulations** The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of sections 390h to 390h–39 of this title.
**(d) San Luis Unit of Central Valley Project, California** The Secretary shall not investigate, promote or implement, pursuant to sections 390h to 390h–39 of this title, any project intended to reclaim and reuse agricultural wastewater generated in the service area of the San Luis Unit of the Central Valley Project, California, except those measures recommended for action by the San Joaquin Valley Drainage Program in the report entitled A Management Plan for Agricultural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley (September 1990).
**(e) Authorization of new water recycling and reuse projects**
(1) **Submission to the Secretary**
(A) *In general* — Non-Federal interests may submit proposals for projects eligible to be authorized pursuant to this section in the form of completed feasibility studies to the Secretary.
(B) *Eligible projects* — A project shall be considered eligible for consideration under this section if the project reclaims and reuses—
(i) municipal, industrial, domestic, or agricultural wastewater; or
(ii) impaired ground or surface waters.
(C) *Guidelines* — Within 60 days of the enactment of this Act the Secretary shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies.
(2) **Review by the Secretary** — The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of—
(A) determining whether the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and
(B) the project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws.
(3) **Submission to Congress** — Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
(A) the results of the Secretary’s review of the study under paragraph (2), including a determination of whether the project is feasible;
(B) any recommendations the Secretary may have concerning the plan or design of the project; and
(C) any conditions the Secretary may require for construction of the project.
(4) **Eligibility for funding** — The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Federal share of the costs of planning, designing and constructing the project pursuant to subsection (f).
**(f) Competitive grant program for the funding of water recycling and reuse projects**
(1) **Establishment** — The Secretary shall establish a competitive grant program under which the non-Federal project sponsor of any project determined by the Secretary to be feasible under subsection (e)(3)(A) shall be eligible to apply for funding for the planning, design, and construction of the project, subject to subsection (g)(2).
(2) **Priority** — When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph (3) and are located in an area that—
(A) has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought at any time in the 4-year period before such funds are made available; or
(B) was designated as a disaster area by a State during the 4-year period before such funds are made available.
(3) **Criteria** — The project criteria referred to in paragraph (2) are the following:
(A) Projects that are likely to provide a more reliable water supply for States and local governments.
(B) Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies.
(C) Projects that are regional in nature.
(D) Projects with multiple stakeholders.
(E) Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.
**(g) Authorization of appropriations**
(1) There is authorized to be appropriated to the Secretary of the Interior an additional $50,000,000 to remain available until expended.
(2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to subsection (f) and transmits such recommendations to the appropriate committees of Congress.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act Aug. 13, 1954, ch. 732, § 28, as added Pub. L. 85–731, § 1, Aug. 23, 1958, 72 Stat. 816; amended Pub. L. 86–247, Sept. 9, 1959, 73 Stat. 477; Pub. L. 105–312, title II, § 205, Oct. 30, 1998, 112 Stat. 2957; Pub. L. 105–321, § 4(e), Oct. 30, 1998, 112 Stat. 3025, which related to Klamath Indian Forest and Klamath Marsh, was omitted from the Code as being of special and not general application.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 564w–1
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Federal law — U.S. Code and appendices · legal_authorities
All moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June 30, 1901, including the surplus of fees and commissions in excess of allowances to officers designated by the Secretary of the Interior, and excepting the 5 per centum of the proceeds of the sales of public lands in the above States set aside by law for educational and other purposes, shall be, and the same are, reserved, set aside, and appropriated as a special fund in the Treasury to be known as the “reclamation fund”, to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and development of waters for the reclamation of arid and semiarid lands in the said States and Territories, and for the payment of all other expenditures provided for in this Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 391
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Federal law — U.S. Code and appendices · legal_authorities
When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title—
**(a)** The word “Secretary” means the Secretary of the Interior.
**(b)** The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.
**(c)** The words “reclamation fund” mean the fund provided by the reclamation law.
**(d)** The word “project” means a Federal irrigation project authorized by the reclamation law.
**(e)** The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 371
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation; administration; continuance of resources-management-programs for refuge lands in Alaska; disposal of acquired lands; proceeds**
(1) For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the “National Wildlife Refuge System” (referred to herein as the “System”), which shall be subject to the provisions of this section, and shall be administered by the Secretary through the United States Fish and Wildlife Service. With respect to refuge lands in the State of Alaska, those programs relating to the management of resources for which any other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service, as long as such agency agrees to exercise such responsibility.
(2) The mission of the System is to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.
(3) With respect to the System, it is the policy of the United States that—
(A) each refuge shall be managed to fulfill the mission of the System, as well as the specific pu
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 668dd
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy** Nothing in this section shall be construed to affect the application of [section 1251(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251/g&num=0&edition=prelim) and all of the provisions of this section shall be carried out in accordance with the provisions of [section 1251(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251/g&num=0&edition=prelim).
**(b) Definitions** In this section:
(1) **Alternative water source project** — The term “alternative water source project” means a project designed to provide municipal, industrial, and agricultural water supplies in an environmentally sustainable manner by conserving, managing, reclaiming, or reusing water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes. Such term does not include water treatment or distribution facilities.
(2) **Critical water supply needs** — The term “critical water supply needs” means existing or reasonably anticipated future water supply needs that cannot be met by existing water supplies, as identified in a comprehensive statewide or regional water supply plan or assessment projected over a planning period of at least 20 years.
**(c) Establishment** The Administrator may establish a pilot program to make grants to State, interstate, and intrastate water resource development agencies (including water management districts and water supply authorities), local government agencies, private utilities, and nonprofit entities for alternative water source projects to meet critical water supply needs.
**(d) Eligible entity** The Administrator may make grants under this section to an entity only if the entity has authorit
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1300
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated to the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this chapter as the “Secretary”), for the period of fiscal years 2022 through 2026—
(1) $1,150,000,000 for water storage, groundwater storage, and conveyance projects in accordance with [section 3202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3202&num=0&edition=prelim), of which $100,000,000 shall be made available to provide grants to plan and construct small surface water and groundwater storage projects in accordance with [section 3203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3203&num=0&edition=prelim);
(2) $3,200,000,000 for the Aging Infrastructure Account established by subsection (d)(1) of [section 510b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section510b&num=0&edition=prelim), to be made available for activities in accordance with that subsection, including major rehabilitation and replacement activities, as identified in the Asset Management Report of the Bureau of Reclamation dated April 2021, of which—
(A) $100,000,000 shall be made available for Bureau of Reclamation reserved or transferred works that have suffered a critical failure, in accordance with [section 3204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3204/a&num=0&edition=prelim); and
(B) $100,000,000 shall be made available for the rehabilitation, reconstruction, or replacement of a dam in accordance with [section 3204(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3204/b&num=0&edition=prelim);
(3) $1,000,000,000 for rura
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 3201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Eligible entity** — The term “eligible entity” means—
(A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority;
(B) a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or
(C) an agency established under State law for the joint exercise of powers or a combination of entities described in subparagraphs (A) and (B).
(2) **Eligible project** — The term “eligible project” means a project described in subsection (c).
(3) **Program** — The term “program” means the grant program established under subsection (b).
(4) **Reclamation State** — The term “Reclamation State” means a State or territory described in the first section of the Act of June 17, 1902 ([43 U.S.C. 391](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section391&num=0&edition=prelim); 32 Stat. 388, chapter 1093).
**(b) Establishment** The Secretary shall establish a program to provide grants to eligible entities on a competitive basis for the planning, design, and construction of large-scale water recycling and reuse projects that provide substantial water supply and other benefits to the Reclamation States in accordance with this section.
**(c) Eligible project** A project shall be eligible for a grant under this section if the project—
(1) reclaims and reuses—
(A) municipal, industrial, domestic, or agricultural wastewater; or
(B) impaired groundwater or surface water;
(2) has a total estimated cost of $500,000,000 or more;
(3) is located in a Reclamation State;
(4) is constructed, operated, and maintained by an eligible entity; and
(5) provid
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 3205
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of policy** It is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water supplies in connection with the construction, maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects.
**(b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects** In carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reasonable value thereof may be taken into account in estimating the economic value of the entire project: Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided further, That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of sections 390h through 390h–12p of this title.
**(b) Prerequisite cost-sharing agreement**
(1) Funds may not be appropriated for the construction of any project authorized by sections 390h to 390h–39 of this title until after—
(A) an appraisal investigation and a feasibility study that complies with the provisions of sections 390h–1(b) or 390h–2(c) of this title, as the case may be, have been completed by the Secretary or the non-Federal project sponsor;
(B) the Secretary has determined that the non-Federal project sponsor is financially capable of funding the non-Federal share of the project’s costs; and
(C) the Secretary has approved a cost-sharing agreement with the non-Federal project sponsor which commits the non-Federal project sponsor to funding its proportionate share of the project’s construction costs on an annual basis.
(2) The requirements of paragraph (1) shall not apply to those projects authorized by sections 390h to 390h–39 of this title for which funds were appropriated prior to January 1, 1996.
**(c) Congressional notification** The Secretary shall notify the Committees on Resources and Appropriations of the House of Representatives and the Committees on Energy and Natural Resources and Appropriations of the Senate within 30 days after the signing of a cost-sharing agreement pursuant to subsection (b) that such an agreement has been signed and that the Secretary has determined that the non-Federal project sponsor is financially capable of funding the project’s non-Federal share of the project’s costs.
**(d) Ceiling on Federal share**
(1) Notwithstanding any other provision of sections 390h to 390h–39 of this
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390h–13
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Federal law — U.S. Code and appendices · legal_authorities
Page 103
TITLE 43—PUBLIC LANDS
§ 390h
(B) Effect on existing contracts
Nothing in this subsection affects a con-
tract—
(i) in effect on December 27, 2020; and
(ii) under which the use of excess capac-
ity in a Bureau conveyance facility for
carriage of non-Reclamation project water
for aquifer recharge is allowed.
(2) Aquifer recharge on eligible land
(A) In general
Subject to subparagraphs (C) and (D), the
Secretary may contract with a holder of a
water service or repayment contract for a
Reclamation project to allow the contractor,
in accordance with applicable State laws and
policies—
(i) to directly use water available under
the contract for aquifer recharge on eligi-
ble land; or
(ii) to enter into an agreement with an
individual or entity to transfer water
available under the contract for aquifer re-
charge on eligible land.
(B) Authorized project use
The use of a Reclamation facility for aqui-
fer recharge under subparagraph (A) shall be
considered an authorized use for the Rec-
lamation project if requested by a holder of
a water service or repayment contract for
the Reclamation facility.
(C) Modifications to contracts
The Secretary may contract with a holder
of a water service or repayment contract for
a Reclamation project under subparagraph
(A) if the Secretary determines that a new
contract or contract amendment described
in that subparagraph is—
(i) necessary to allow for the use of
water available under the contract for aq-
uifer recharge under this subsection;
(ii) in the best interest of the Reclama-
tion project and the United States; and
(iii) approved by the contractor that is
responsible for repaying the cost of con-
struction, operations, and maintenance of
the facility that delivers the water under
the contract.
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 390h
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.