43 U.S.C. § 2401 — Definitions

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 Title 16, Conservation, and provisions listed in a table of Wilderness Areas set out under section 1132 of Title 16 and amended provisions listed in a table of National Wildlife Conservation Areas set out under sec- tion 668dd of Title 16. For complete classification of this Act to the Code, see Short Title of 2004 Amend- ment note set out under section 1241 of Title 16 and Ta- bles. The Omnibus Public Land Management Act of 2009, referred to in subsec. (b)(5) to (8), is Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 991. Subtitle F (§ 1501 et seq.) of title I of the Act enacted provisions listed in a table of Wil- derness Areas set out under section 1132 of Title 16, Conservation, and amended section 1274 of Title 16. Subtitle O (§ 1971 et seq.) of title I of the Act enacted section 346a–6 of Title 16, amended sections 460www, 460xxx, and 1274 of Title 16, and enacted provisions set out as notes under sections 460www and 1274 of Title 16 and provisions listed in a table of Wilderness Areas set out under section 1132 of Title 16. Section 2601 of the Act is not classified to the Code. For complete classi- fication of this Act to the Code, see Tables. The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(1), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. The Federal Land Exchange Facilitation Act of 1988, referred to in subsec. (c)(2), is Pub. L. 100–409, Aug. 20, 1988, 102 Stat. 1086, which enacted section 1723 of this title, amended section 1716 of this title and sections 505a, 505b, and 521b of Title 16, Conservation, and en- acted provisions set out as notes under sections 751 and 1716 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 1701 of this title and Tables. This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’ and was translated as reading ‘‘this title’’, meaning title II of Pub. L. 106–248, which en- acted this chapter, to reflect the probable intent of Congress. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–141, § 302(8)(A), sub- stituted ‘‘96–586’’ for ‘‘96–568’’ and a semicolon for ‘‘; or’’ at end. Subsec. (b)(2). Pub. L. 115–141, § 302(8)(B), inserted ‘‘Public Law 105–263;’’ before ‘‘112 Stat.’’ and sub- stituted a semicolon for period at end. Subsec. (b)(3) to (8). Pub. L. 115–141, § 302(8)(C), added pars. (3) to (8). CHAPTER 42—RURAL WATER SUPPLY SUBCHAPTER I—RECLAMATION RURAL WATER SUPPLY Sec. 2401. Definitions. 2402. Rural water supply program. 2403. Rural water programs assessment. 2404. Appraisal investigations. 2405. Feasibility studies. 2406. Miscellaneous. 2407. Reports. 2408. Authorization of appropriations. 2409. Termination of authority. SUBCHAPTER II—TWENTY-FIRST CENTURY WATER WORKS 2421. Definitions. 2422. Project eligibility. 2423. Loan guarantees. 2424. Defaults. 2425. Operations, maintenance, and replacement costs. 2426. Title to newly constructed facilities. 2427. Water rights. 2428. Interagency coordination and cooperation. 2429. Records; audits. 2430. Full faith and credit. 2431. Report. 2432. Effect on the reclamation laws. 2433. Authorization of appropriations. 2434. Termination of authority. SUBCHAPTER I—RECLAMATION RURAL WATER SUPPLY § 2401. Definitions In this subchapter: (1) Construction The term ‘‘construction’’ means the instal- lation of infrastructure and the upgrading of existing facilities in locations in which the in- frastructure 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 amend- atory of that Act (43 U.S.C. 371 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. (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 conserva- 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-