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

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

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

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Source file: Laws/federal/codes/united-states-code/title-43/section-3202-water-storage-groundwater-storage-and-conveyance-projects--97cbe9a478.md
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Source location: Title 43, Chapter 50, § 3202; chapter-050-western-water-infrastructure.md

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**(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 recommendation of the Secretary for funding under subsection (h)(2) of that section for at least 1 fiscal year before November 15, 2021; or (ii) State funding for the project was rescinded by the State before November 15, 2021; or (C) (i) Congress has authorized or approved funding for a feasibility study for the project in accordance with clause (i) or (ii) of paragraph (1)(A) (except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible); and (ii) on completion of the feasibility study for the project, the Secretary— (I) finds the project to be technically and financially feasible in accordance with the reclamation laws; (II) determines that sufficient non-Federal funding is available for the non-Federal cost share of the project; and (III) (aa) finds the project to be in the public interest; and (bb) recommends the project for construction. **(b) Cost-sharing requirement** (1) **In general** — The Federal share— (A) for a project authorized by an Act of Congress shall be determined in accordance with that Act; (B) for a project approved by Congress 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) (including construction resulting from a feasibility study authorized under that Act) shall be as provided in that Act; and (C) for a project not described in subparagraph (A) or (B)— (i) in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and (ii) in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project. (2) **Federal benefits** — Before funding a project under this section, the Secretary shall determine that, in return for the Federal investment in the project, at least a proportionate share of the benefits are Federal benefits. (3) **Reimbursability** — The reimbursability of Federal funding of projects under this section shall be in accordance with the reclamation laws. **(c) Environmental laws** In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.).

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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. § 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

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

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

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

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

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

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

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

Page 670 TITLE 43—PUBLIC LANDS § 3202 and protection projects in accordance with section 2330c of title 33; (11) $100,000,000 for multi-benefit projects to improve watershed health in accordance with section 3207 of this title; and (12) $50,000,000 for endangered species recov- ery and conservation programs in the Colo- rado 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). (Pub. L. 117–58, div. D, title IX, § 40901, Nov. 15, 2021, 135 Stat. 1116.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, was in the original ‘‘this title’’, meaning title IX of div. D of Pub. L. 117–58, which is classified principally to this chapter. For complete classification of title IX of div. D of Pub. L. 117–58 to the Code, see Tables. The Reclamation Rural Water Supply Act of 2006, re- ferred to in par. (3), is title I of Pub. L. 109–451, Dec. 22, 2006, 120 Stat. 3346, which is classified generally to sub- chapter I (§ 2401 et seq.) of chapter 42 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of this title and Tables. The Reclamation Wastewater and Groundwater Study and Facilities Act, referred to in par. (4)(A), is title XVI of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4663, which enacted sections 390h to 390h–15 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 390h of this title and Tables. Section 40908, referred to in par. (5)(B), is section 40908 of Pub. L. 117–

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

43 U.S.C. § 390b — Development of water supplies for domes-

Page 93 TITLE 43—PUBLIC LANDS § 390b ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. EXTENSION OF VARIABLE PAYMENT PLAN Authority of Secretary to extend benefits of variable payment plan to organizations with which he contracts or has contracted for the repayment of construction costs allocated to irrigation on any project undertaken by the United States, including contracts for the stor- age of water or for the use of stored water under this section, see section 2 of Pub. L. 85–611, Aug. 8, 1958, 72 Stat. 542, set out as a note under section 485h of this title. SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain real property and functions re- lating to real property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Depart- ment of the Air Force, see Secretary of Defense Trans- fer Order Nos. 14, eff. July 1, 1948, and 40 [App. B(133)], July 22, 1949. § 390a. Repealed. Pub. L. 105–362, title IX, § 901(e)(2), Nov. 10, 1998, 112 Stat. 3289 Section, acts July 31, 1953, ch. 298, title I, 67 Stat. 266; Pub. L. 99–294, § 10, May 12, 1986, 100 Stat. 426, related to conditions precedent for construction of dams, res- ervoir, or water supply. Provisions similar to those in this section were con- tained in act July 9, 1952, ch. 597, title I, 66 Stat. 451, prior to repeal by Pub. L. 105–362, title IX, § 901(e)(1), Nov. 10, 1998, 1

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