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43 U.S.C. § 3201 — Authorizations of appropriations

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

43 U.S.C. § 3201 — Authorizations of appropriations

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Source file: Laws/federal/codes/united-states-code/title-43/section-3201-authorizations-of-appropriations--ee98079fe8.md
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Source location: Title 43, Chapter 50, § 3201; chapter-050-western-water-infrastructure.md

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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 rural water projects that have been authorized by an Act of Congress before July 1, 2021, in accordance with the Reclamation Rural Water Supply Act of 2006 ([43 U.S.C. 2401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2401&num=0&edition=prelim) et seq.); (4) $1,000,000,000 for water recycling and reuse projects, of which— (A) $550,000,000 shall be made available for water recycling and reuse projects authorized in accordance with the Reclamation Wastewater and Groundwater Study and Facilities Act ([43 U.S.C. 390h](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390h&num=0&edition=prelim) et seq.) that are— (i) authorized or approved for construction funding by an Act of Congress before November 15, 2021; or (ii) selected for funding under the competitive grant program authorized pursuant to section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act ([43 U.S.C. 390h(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390h/f&num=0&edition=prelim)), with funding under this subparagraph to be provided in accordance with that section, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act ([43 U.S.C. 390b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390b&num=0&edition=prelim) note; Public Law 114–322), except that section 1602(g)(2) of the Reclamation Wastewater and Groundwater Study and Facilities Act ([43 U.S.C. 390h(g)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390h/g/2&num=0&edition=prelim)) shall not apply to amounts made available under this subparagraph; and (B) $450,000,000 shall be made available for large-scale water recycling and reuse projects in accordance with [section 3205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3205&num=0&edition=prelim); (5) $250,000,000 for water desalination projects and studies authorized in accordance with the Water Desalination Act of 1996 ([42 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10301&num=0&edition=prelim) note; Public Law 104–298) that are— (A) authorized or approved for construction funding by an Act of Congress before July 1, 2021; or (B) selected for funding under the program authorized pursuant to section 4(a) of the Water Desalination Act of 1996 ([42 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10301&num=0&edition=prelim) note; Public Law 104–298), with funding to be made available under this paragraph in accordance with that subsection, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act ([43 U.S.C. 390b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390b&num=0&edition=prelim) note; Public Law 114–322), except that paragraph (2)(F) of section 4(a) of the Water Desalination Act of 1996 ([42 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10301&num=0&edition=prelim) note; Public Law 104–298) (as redesignated by section 40908) shall not apply to amounts made available under this paragraph; (6) $500,000,000 for the safety of dams program, in accordance with the Reclamation Safety of Dams Act of 1978 ([43 U.S.C. 506](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section506&num=0&edition=prelim) et seq.); (7) $400,000,000 for WaterSMART grants in accordance with [section 10364 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10364&num=0&edition=prelim), of which $100,000,000 shall be made available for projects that would improve the condition of a natural feature or nature-based feature (as those terms are defined in [section 10362 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10362&num=0&edition=prelim)); (8) subject to [section 3206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3206&num=0&edition=prelim), $300,000,000 for implementing the Colorado River Basin Drought Contingency Plan, consistent with the obligations of the Secretary under the Colorado River Drought Contingency Plan Authorization Act (Public Law 116–14; 133 Stat. 850) and related agreements, of which $50,000,000 shall be made available for use in accordance with the Drought Contingency Plan for the Upper Colorado River Basin; (9) $100,000,000 to provide financial assistance for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 ([16 U.S.C. 1015](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1015&num=0&edition=prelim) et seq.); (10) $250,000,000 for design, study, and construction of aquatic ecosystem restoration and protection projects in accordance with [section 2330c of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2330c&num=0&edition=prelim); (11) $100,000,000 for multi-benefit projects to improve watershed health in accordance with [section 3207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3207&num=0&edition=prelim); and (12) $50,000,000 for endangered species recovery and conservation programs in the Colorado River Basin in accordance with— (A) Public Law 106–392 (114 Stat. 1602); (B) the Grand Canyon Protection Act of 1992 (Public Law 102–575; 106 Stat. 4669); and (C) subtitle E of title IX of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1327).

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

43 U.S.C. § 3207 — Multi-benefit projects to improve watershed health

**(a) Definition of eligible applicant** In this section, the term “eligible applicant” means— (1) a State; (2) a Tribal or local government; (3) an organization with power or water delivery authority; (4) a regional authority; or (5) a nonprofit conservation organization. **(b) Establishment of competitive grant program** Not later than 1 year after November 15, 2021, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following: (1) Ecosystem benefits. (2) Restoration of native species. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (4) Protection against invasive species. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing. (7) Enhancement of river-based recreation. **(c) Requirements** (1) **In general** — In awarding a grant to an eligible applicant under subsection (b), the Secretary— (A) shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than 1 of the benefits described in that subsection; and (B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law. (2) **Compliance** — A habitat restoration project awarded a grant under subsection (b) shall comply wi

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

42 U.S.C. § 10301 — Congressional findings and declarations

The Congress finds and declares that— (1) the existence of an adequate supply of water of good quality for the production of materials and energy for the Nation’s needs and for the efficient use of the Nation’s energy and water resources is essential to national economic stability and growth, and to the well-being of the people; (2) the management of water resources is closely related to maintaining environmental quality, productivity of natural resources and agricultural systems, and social well-being; (3) there is an increasing threat of impairment to the quantity and quality of surface and groundwater resources; (4) the Nation’s capabilities for technological assessment and planning and for policy formulation for water resources must be strengthened at the Federal, State, and local governmental levels; (5) there should be a continuing national investment in water and related research and technology commensurate with growing national needs; (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; (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; and 11 So in original. The word “and” probably should not appear. (8) long-term planning and policy development are essential to ensure the availability of an abundant supply of high quality water for domestic and other uses; and (9) the States must have the research and problem-solvin

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

42 U.S.C. § 18851 — Model guidance for combined heat and power systems and waste heat to power systems

**(a) Definitions** In this section: (1) **Additional services** — The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility. (2) **Waste heat to power system** — The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy. (3) **Other terms** (A) *Purpa* — The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.), within the meaning of title I of that Act ([16 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2611&num=0&edition=prelim) et seq.). (B) *EPCA* — The terms “combined heat and power system” and “waste energy” have the meanings given those terms in [section 6341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6341&num=0&edition=prelim). **(b) Review** (1) **In general** — Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power s

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

43 U.S.C. § 506 — Authority of Secretary to make modifications

In order to preserve the structural safety of Bureau of Reclamation dams and related facilities the Secretary of the Interior is authorized to perform such modifications as he determines to be reasonably required. Said performance of work shall be in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory or supplementary thereto).

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

43 U.S.C. § 390b — Development of water supplies for domestic, municipal, industrial, and other purposes

**(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

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

33 U.S.C. § 2330c — Aquatic ecosystem restoration

**(a) General authority** (1) **In general** — The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project— (A) (i) will improve the quality of the environment and is in the public interest; or (ii) will improve the elements and features of an estuary (as defined in [section 2902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2902&num=0&edition=prelim)); and (B) is cost-effective. (2) **Dam removal** — A project under this section may include removal of a dam. (3) **Anadromous fish habitat and passage** (A) *Measures* — A project under this section may include measures to improve habitat or passage for anadromous fish, including— (i) installing fish bypass structures on small water diversions; (ii) modifying tide gates; and (iii) restoring or reconnecting floodplains and wetlands that are important for anadromous fish habitat or passage. (B) *Benefits* — A project that includes measures under this paragraph shall be formulated to maximize benefits for the anadromous fish species benefitted by the project. (4) **Drought resilience** — A project under this section may include measures that enhance drought resilience through the restoration of wetlands or the removal of invasive species. **(b) Cost sharing** (1) **In general** — Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all lands, easements, rights-of-way, and necessary relocations. (2) **Form** — Before October 1, 2003, the Federal share of the cost of a project under this section may be provided in the form of reimbursements of project costs. (3) **Anadrom

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

43 U.S.C. § 390h — Program to investigate reclamation and reuse of wastewater and groundwater; general authority

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

43 U.S.C. § 3202 — Water storage, groundwater storage, and conveyance projects

**(a) Eligibility for funding** (1) **Feasibility studies** (A) *In general* — A feasibility study shall only be eligible for funding under [section 3201(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3201/1&num=0&edition=prelim) if— (i) the feasibility study has been authorized by an Act of Congress before November 15, 2021; (ii) Congress has approved funding for the feasibility study in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ([43 U.S.C. 390b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390b&num=0&edition=prelim) note; Public Law 114–322) before November 15, 2021; or (iii) the feasibility study is authorized under subparagraph (B). (B) *Feasibility study authorizations* — The Secretary may carry out feasibility studies for the following projects: (i) The Verde Reservoirs Sediment Mitigation Project in the State of Arizona. (ii) The Tualatin River Basin Project in the State of Oregon. (2) **Construction** — A project shall only be eligible for construction funding under [section 3201(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3201/1&num=0&edition=prelim) if— (A) an Act of Congress enacted before November 15, 2021, authorizes construction of the project; (B) Congress has approved funding for construction of the project in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ([43 U.S.C. 390b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390b&num=0&edition=prelim) note; Public Law 114–322) before November 15, 2021, except for any project for which— (i) Congress did not approve the recomm

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

43 U.S.C. § 3203 — Small water storage and groundwater storage projects

**(a) Establishment of a competitive grant program for small water storage and groundwater storage projects** The Secretary shall establish a competitive grant program, under which the non-Federal project sponsor of any project in a Reclamation State, including the State of Alaska or Hawaii, determined by the Secretary to be feasible under subsection (b)(2)(B) shall be eligible to apply for funding for the planning, design, and construction of the project. **(b) Eligibility and selection** (1) **Submission to the Secretary** (A) *In general* — A non-Federal project sponsor described in subsection (a) may submit to the Secretary a proposal for a project eligible to receive a grant under this section in the form of a completed feasibility study. (B) *Eligible projects* — A project shall be considered eligible for consideration for a grant under this section if the project— (i) has water storage capacity of not less than 200 acre-feet and not more than 30,000 acre-feet; and (ii) (I) increases surface water or groundwater storage; or (II) conveys water, directly or indirectly, to or from surface water or groundwater storage. (C) *Guidelines* — Not later than 60 days after November 15, 2021, the Secretary shall issue guidelines for feasibility studies for small storage 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 determining whether— (A) the feasibility study, and the process under which the study was developed, each comply with Federal laws (including regulations) applicable to feasibility studies of small storage projects; (B) the project is technically and financia

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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

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