43 U.S.C. § 2402 — Rural water supply program

Page 632 TITLE 43—PUBLIC LANDS § 2402 tion 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 feasi- bility study. (B) Inclusions The term ‘‘operations, maintenance, and replacement costs’’ includes— (i) repairs of a routine nature that main- tain a rural water supply project in a well kept condition; (ii) replacement of worn-out project ele- ments; 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 con- struction costs. (7) Program The term ‘‘Program’’ means the rural water supply program carried out under section 2402 of this title. (8) Reclamation States The term ‘‘Reclamation States’’ means the States and areas referred to in the first sec- tion of the Act of June 17, 1902 (43 U.S.C. 391). (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, in- dustrial, municipal, and residential water. (B) Inclusion The term ‘‘rural water supply project’’ in- cludes— (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 in- frastructure, including— (I) pumps, pipes, wells, and other diver- sions; (II) storage tanks and small impound- ments; (III) water treatment facilities for po- table water supplies, including desalina- tion facilities; (IV) equipment and management tools for water conservation, groundwater re- covery, 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 In- dian tribe; and (B) any legally established organization of Indians that is controlled, sanctioned, or chartered by the governing body or demo- cratically elected by the adult members of the Indian community to be served by the organization. (Pub. L. 109–451, title I, § 102, Dec. 22, 2006, 120 Stat. 3346.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902 (32 Stat. 388, chapter 1093), re- ferred to in par. (2), is popularly known as the Rec- lamation Act and is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 109–451, § 1(a), Dec. 22, 2006, 120 Stat. 3345, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Rural Water Supply Act of 2006’.’’ Pub. L. 109–451, title I, § 101, Dec. 22, 2006, 120 Stat. 3346, provided that: ‘‘This title [enacting this sub- chapter] may be cited as the ‘Reclamation Rural Water Supply Act of 2006’.’’ Pub. L. 109–451, title II, § 201, Dec. 22, 2006, 120 Stat. 3356, provided that: ‘‘This title [enacting subchapter II of this chapter] may be cited as the ‘Twenty-First Cen- tury Water Works Act’.’’ § 2402. Rural water supply program (a) In general The Secretary, in cooperation with non-Fed- eral 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 indus- trial 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 and subsequently au- thorized by Congress. (b) Non-Federal project entity Any activity carried out under this subchapter shall be carried out in cooperation with a quali- fying 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 sub- Page 633 TITLE 43—PUBLIC LANDS § 2404 chapter, develop and publish in the Federal Reg- ister 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 wheth- er— (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 wa- tershed perspective to water resources man- agement; (2) there is an urgent and compelling need for a rural water supply project that would— (A) improve the health or aesthetic qual- ity of water; (B) result in continuous, measurable, and significant water quality benefits; or (C) address current or future water supply needs; (3) a rural water supply project helps meet applicable requirements established by law; and (4) a rural water supply project is cost effec- tive. (e) Inclusions The Secretary may include— (1) to the extent that connection provides a reliable water supply, a connection to pre-ex- isting infrastructure (including impoundments and conveyance channels) as part of a rural water supply project; and (2) notwithstanding the limitation on popu- lation under section 2401(9)(A) of this title, a town or community with a population in ex- cess of 50,000 inhabitants in an area served by a rural water supply project if, at the discre- tion of the Secretary, the town or community is considered to be a critical partner in the rural supply project. (Pub. L. 109–451, title I, § 103, Dec. 22, 2006, 120 Stat. 3347.) § 2403. Rural water programs assessment (a) In general In consultation with the Secretary of Agri- culture, the Administrator of the Environ- mental Protection Agency, the Director of the Indian Health Service, the Secretary of Housing and Urban Development, and the Secretary of the Army, the Secretary shall develop an assess- ment of— (1) the status of all rural water supply projects under the jurisdiction of the Sec- retary authorized but not completed prior to December 22, 2006, including appropriation amounts, the phase of development, total an- ticipated costs, and obstacles to completion; (2) the current plan (including projected fi- nancial and workforce requirements) for the completion of the projects identified in para- graph (1) within the time frames established under the provisions of law authorizing the projects or the final engineering reports for the projects; (3) the demand for new rural water supply projects; (4) rural water programs within other agen- cies and a description of the extent to which those programs provide support for rural water supply projects and water treatment programs in Reclamation States, including an assessment of the requirements, funding lev- els, and conditions of eligibility for the pro- grams assessed; (5) the extent of the demand that the Sec- retary can meet with the Program; (6) how the Program will complement au- thorities already within the jurisdiction of the Secretary and the heads of the agencies with whom the Secretary consults; and (7) improvements that can be made to co- ordinate and integrate the authorities of the agencies with programs evaluated under para- graph (4), including any recommendations to consolidate some or all of the activities of the agencies with respect to rural water supply. (b) Consultation with States Before finalizing the assessment developed under subsection (a), the Secretary shall solicit comments from States with identified rural water needs. (c) Report Not later than 2 years after December 22, 2006, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a detailed report on the assess- ment conducted under subsection (a). (Pub. L. 109–451, title I, § 104, Dec. 22, 2006, 120 Stat. 3348.) § 2404. Appraisal investigations (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 pub- lished under section 2402(c) of this title and sub- ject to the availability of appropriations, the Secretary may— (1) receive and review an appraisal investiga- tion 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 cooper- ative agreement with, the non-Federal project entity to conduct an appraisal investigation, if the Secretary determines that— (A) the non-Federal project entity is quali- fied to complete the appraisal investigation in accordance with the criteria published under section 2402(c) of this title; and (B) using the non-Federal project entity to conduct the appraisal investigation is a cost-effective alternative for completing the appraisal investigation.