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43 U.S.C. § 2401 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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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Source location: Title 43, Chapter 42, § 2401; chapter-042-rural-water-supply.md
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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) replacement of worn-out project elements; 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 construction costs.
(7) **Program** — The term “Program” means the rural water supply program carried out under [section 2402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2402&num=0&edition=prelim).
(8) **Reclamation States** — The term “Reclamation States” means the States and areas referred to 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)).
(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, industrial, municipal, and residential water.
(B) *Inclusion* — The term “rural water supply project” includes—
(i) incidental noncommercial livestock watering and noncommercial irrigation of vegetation and small gardens of less than 1 acre; and
(ii) a project to improve rural water infrastructure, including—
(I) pumps, pipes, wells, and other diversions;
(II) storage tanks and small impoundments;
(III) water treatment facilities for potable water supplies, including desalination facilities;
(IV) equipment and management tools for water conservation, groundwater recovery, and water recycling; and
(V) appurtenances.
(C) *Exclusion* — The term “rural water supply project” does not include—
(i) commercial irrigation; or
(ii) major impoundment structures.
(10) **Secretary** — The term “Secretary” means the Secretary of the Interior.
(11) **Tribal organization** — The term “tribal organization” means—
(A) the recognized governing body of an Indian tribe; and
(B) any legally established organization of Indians that is controlled, sanctioned, or chartered by the governing body or democratically elected by the adult members of the Indian community to be served by the organization.
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Federal law — U.S. Code and appendices · legal_authorities
**(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) t
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2402
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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 this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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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
In this subchapter:
(1) **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).
(2) **Lender** — The term “lender” means—
(A) a non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulation 11 So in original. Probably should be “Regulations”. (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ([15 U.S.C. 77a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section77a&num=0&edition=prelim) et seq.)); or
(B) a clean renewable energy bond lender (as defined in section 54(j)(2) 22 See References in Text note below. of title 26 (as in effect on December 22, 2006)).
(3) **Loan guarantee** — The term “loan guarantee” has the meaning given the term “loan guarantee” in [section 661a of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section661a&num=0&edition=prelim).
(4) **Non-Federal borrower** — The term “non-Federal borrower” means—
(A) a State (including a department, agency, or political subdivision of a State); or
(B) a conservancy district, irrigation district, canal company, water users’ association, Indian tribe, an agency created by interstate compact, or any other entity that has the capacity to contract with the United States under Federal reclamation law.
(5) **Obligation** — The term “obligation” means a loan or other debt obligation that is guaranteed under this section.
(6) **Project** — The term “project” means—
(A) a rural water supply project (as defined in [section 2401(9) of this title](https://usco
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2421
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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
Nothing in this subchapter shall preclude a transferred works operating entity from applying and receiving a loan-guarantee pursuant to the Twenty-First Century Water Works Act [[43 U.S.C. 2421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2421&num=0&edition=prelim) et seq].
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 510c
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Federal law — U.S. Code and appendices · legal_authorities
Page 631
TITLE 43—PUBLIC LANDS
§ 2401
at law or in equity by a party against the United
States, its agencies, its officers, or any other
person.
(Pub. L. 106–248, title II, § 207, July 25, 2000, 114
Stat. 617; Pub. L. 115–141, div. O, title III, § 302(8),
Mar. 23, 2018, 132 Stat. 1076.)
Editorial Notes
REFERENCES IN TEXT
Public Law 96–586 (commonly known as the ‘‘Santini-
Burton Act’’), referred to in subsec. (b)(1), is Pub. L.
96–586, Dec. 23, 1980, 94 Stat. 3381. For complete classi-
fication of this Act to the Code, see Tables.
The Southern Nevada Public Land Management Act
of 1998, referred to in subsec. (b)(2), is Pub. L. 105–263,
Oct. 19, 1998, 112 Stat. 2343, which amended section
460ccc–1 of Title 16, Conservation, and section 6901 of
Title 31, Money and Finance, and enacted provisions set
out as a note under section 6901 of Title 31. For com-
plete classification of this Act to the Code, see Short
Title of 1998 Amendment note set out under section 6901
of Title 31 and Tables.
The White Pine County Conservation, Recreation,
and Development Act of 2006, referred to in subsec.
(b)(3), is title III of div. C of Pub. L. 109–432, Dec. 20,
2006, 120 Stat. 3028, which enacted provisions set out as
notes under sections 1241 and 1244 of Title 16, Conserva-
tion, and enacted and amended provisions listed in a
table of Wilderness Areas set out under section 1132 of
Title 16. For complete classification of this Act to the
Code, see Short Title of 2006 Amendment note set out
under section 1241 of Title 16 and Tables.
The Lincoln County Conservation, Recreation, and
Development Act of 2004, referred to in subsec. (b)(4), is
Pub. L. 108–424, Nov. 30, 2004, 118 Stat. 2403, which en-
acted provisions set out as notes under sections 1241
and 1244 of T
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 2401
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 79
TITLE 43—PUBLIC LANDS
§ 371
Sec.
SUBCHAPTER XXXII—BRANTLEY PROJECT,
PECOS RIVER BASIN, NEW MEXICO
615jjj to 615ooo.
Omitted.
SUBCHAPTER XXXIII—SALMON FALLS DIVISION,
UPPER SNAKE RIVER PROJECT, IDAHO
615ppp to 615www.
Omitted.
SUBCHAPTER XXXIV—O’NEILL UNIT, PICK-SLOAN
MISSOURI BASIN PROGRAM, NEBRASKA
615xxx to 615cccc.
Omitted.
SUBCHAPTER
XXXV—NORTH
LOUP
DIVISION,
PICK-SLOAN MISSOURI BASIN PROGRAM, NE-
BRASKA
615dddd to 615jjjj.
Omitted.
SUBCHAPTER
XXXVI—POLECAT
BENCH
AREA,
SHOSHONE
EXTENSIONS
UNIT,
PICK-SLOAN
MISSOURI BASIN PROGRAM, WYOMING
615kkkk to 615kkkk–6.
Omitted.
SUBCHAPTER XXXVII—POLLOCK-HERREID UNIT,
PICK-SLOAN
MISSOURI
BASIN
PROGRAM,
SOUTH DAKOTA
615llll to 615llll–6.
Omitted or Repealed.
SUBCHAPTER XXXVIII—FRYINGPAN-ARKANSAS
PROJECT, COLORADO
616 to 616f.
Omitted.
SUBCHAPTER XXXIX—MANN CREEK PROJECT,
IDAHO
616g to 616j.
Omitted.
SUBCHAPTER XL—ARBUCKLE PROJECT,
OKLAHOMA
616k to 616s.
Omitted.
SUBCHAPTER XLI—BAKER PROJECT, OREGON
616t to 616w.
Omitted.
SUBCHAPTER XLII—DIXIE PROJECT, UTAH
616aa to 616hh.
Omitted.
SUBCHAPTER
XLIII—SAVERY-POT
HOOK
PROJECT,
COLORADO-WYOMING;
BOSTWICK
PARK AND FRUITLAND MESA PROJECTS, COLO-
RADO
616ii to 616mm.
Omitted.
SUBCHAPTER XLIV—LOWER TETON DIVISION OF
TETON BASIN PROJECT, IDAHO
616nn to 616rr.
Omitted.
SUBCHAPTER XLV—WHITESTONE COULEE UNIT,
CHIEF JOSEPH DAM PROJECT, WASHINGTON
616ss to 616vv–5.
Omitted.
SUBCHAPTER XLVI—McKAY DAM AND
RESERVOIR, UMATILLA PROJECT, OREGON
616ww to 616ww–5.
Omitted.
SUBCHAPTER
XLVII—AUBURN-FOLSOM
SOUTH
UNIT; SAN FELIPE DIVISION: CENTRAL VALLEY
PROJECT, CALIFORNIA
616aaa to 616fff–7.
Omitted.
SUBCHAPTER XLVIII—SOUTHERN NEVADA
PROJECT, NEVADA
616ggg to 616mmm.
Omitted.
SUBCHAPTER XLIX—TUALATIN PROJECT,
OREGON
616nnn
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 371
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Federal law — U.S. Code and appendices · legal_authorities
Page 127
TITLE 43—PUBLIC LANDS
§ 391
1 So in original.
1987—Subsecs. (g) to (i). Pub. L. 100–203 added subsecs.
(g) to (i).
§ 390xx. Validation of contracts entered into
prior to October 1, 1981
The provisions of any contract entered into
prior to October 1, 1981, by the Secretary with a
district, which define project or nonproject
water, or describe the delivery of project water
through nonproject facilities or nonproject
water through project facilities to lands within
the district, are hereby authorized and validated
on the part of the United States.
(Pub. L. 97–293, title II, § 225, Oct. 12, 1982, 96
Stat. 1273.)
§ 390yy. Leasing requirements
Notwithstanding any other provision of Fed-
eral reclamation law, including this subchapter,
lands which receive irrigation water may be
leased only if the lease instrument is—
(1) written; and
(2) for a term not to exceed ten years, in-
cluding any exercisable options: Provided, how-
ever, That leases of lands for the production of
perennial crops having an average life of more
than ten years may be for periods of time
equal to the average life of the perennial crop
but in any event not to exceed twenty-five
years.
(Pub. L. 97–293, title II, § 227, Oct. 12, 1982, 96
Stat. 1273.)
Editorial Notes
REFERENCES IN TEXT
Federal reclamation law, referred to in text, is de-
fined in section 390aa of this title.
§ 390zz. Reporting
Any contracting entity subject to the owner-
ship or pricing limitations of Federal reclama-
tion law shall compile and maintain such
records and information as the Secretary deems
reasonably necessary to implement this sub-
chapter and Federal reclamation law. On a date
set by the Secretary following October 12, 1982,
and annually thereafter, every such contracting
entity sha
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 391
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