43 U.S.C. § 2406 — Miscellaneous

Page 637 TITLE 43—PUBLIC LANDS § 2408 1 So in original. The comma probably should follow ‘‘to’’. sibility study carried out under this section shall not exceed 50 percent of the study costs. (2) Form The non-Federal share under paragraph (1) may be in the form of any in-kind services that the Secretary determines would con- tribute substantially toward the conduct and completion of the study. (3) Financial hardship The Secretary may increase the Federal share of the costs of a feasibility study if the Secretary determines, based on a demonstra- tion of financial hardship, that the non-Fed- eral participant is unable to contribute at least 50 percent of the costs of the study. (4) Larger communities In conducting a feasibility study of a rural water supply system that includes a commu- nity with a population in excess of 50,000 in- habitants, the Secretary may require the non- Federal project entity to pay more than 50 percent of the costs of the study. (h) Consultation and cooperation In addition to the non-Federal project entity, the Secretary shall consult and cooperate with appropriate Federal, State, tribal, regional, and local authorities during the conduct of each fea- sibility assessment and development of the fea- sibility report conducted under this subchapter. (Pub. L. 109–451, title I, § 106, Dec. 22, 2006, 120 Stat. 3351.) § 2406. Miscellaneous (a) Authority of Secretary The Secretary may enter into contracts, fi- nancial assistance agreements, and such other agreements, and promulgate such regulations, as are necessary to carry out this subchapter. (b) Transfer of projects Nothing in this subchapter authorizes the transfer of pre-existing facilities or pre-existing components of any water system from Federal to private ownership or from private to Federal ownership. (c) Federal reclamation law Nothing in this subchapter supersedes or amends any Federal law associated with a project, or portion of a project, constructed under Federal reclamation law. (d) Interagency coordination The Secretary shall coordinate the Program carried out under this subchapter with existing Federal and State rural water and wastewater programs to facilitate the most efficient and ef- fective solution to meeting the water needs of the non-Federal project sponsors. (e) Multiple Indian tribes In any case in which a contract is entered into with, or a grant is made, to 1 an organization to perform services benefitting more than 1 Indian tribe under this subchapter, the approval of each such Indian tribe shall be a prerequisite to en- tering into the contract or making the grant. (f) Ownership of facilities Title to any facility planned, designed, and recommended for construction under this sub- chapter shall be held by the non-Federal project entity. (g) Expedited procedures If the Secretary determines that a community to be served by a proposed rural water supply project has urgent and compelling water needs, the Secretary shall, to the maximum extent practicable, expedite appraisal investigations and reports conducted under section 2404 of this title and feasibility studies and reports con- ducted under section 2405 of this title. (h) Effect on State water law (1) In general Nothing in this subchapter preempts or af- fects State water law or an interstate compact governing water. (2) Compliance required The Secretary shall comply with State water laws in carrying out this subchapter. (i) No additional requirements Nothing in this subchapter requires a feasi- bility study for, or imposes any other additional requirements with respect to, rural water supply projects or programs that are authorized before December 22, 2006. (Pub. L. 109–451, title I, § 107, Dec. 22, 2006, 120 Stat. 3355.) § 2407. Reports Beginning in fiscal year 2007, and each fiscal year thereafter through fiscal year 2012, the Sec- retary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Rep- resentatives an annual report that describes the number and type of full-time equivalent posi- tions in the Department of the Interior and the amount of overhead costs of the Department of the Interior that are allocated to carrying out this subchapter for the applicable fiscal year. (Pub. L. 109–451, title I, § 108, Dec. 22, 2006, 120 Stat. 3356.) § 2408. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this subchapter $15,000,000 for each of fiscal years 2007 through 2016, to remain avail- able until expended. (b) Rural water programs assessment Of the amounts made available under sub- section (a), not more than $1,000,000 may be made available to carry out section 2403 of this title for each of fiscal years 2007 and 2008. (c) Construction costs No amounts made available under this section shall be used to pay construction costs associ- ated with any rural water supply project. (Pub. L. 109–451, title I, § 109, Dec. 22, 2006, 120 Stat. 3356.)