42 U.S.C. § 10362 — Definitions

Page 8041 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10362 ‘‘(B) USE OF EXISTING DATA.—The recipient of a grant under the pilot program to establish a website or data hub described in paragraph (1)(A) shall, to the extent practicable, leverage existing data sharing infrastructure. ‘‘(b) ELIGIBLE ENTITIES.—An entity eligible for a grant under the pilot program is— ‘‘(1) a State, county, or other unit of local govern- ment that— ‘‘(A) has a coastal watershed with significant pol- lution levels; ‘‘(B) has a water system with significant pollu- tion levels; or ‘‘(C) has significant individual water infrastruc- ture deficits; or ‘‘(2) a regional consortium established under sub- section (d). ‘‘(c) APPLICATIONS.—To be eligible to receive a grant under the pilot program, an eligible entity under sub- section (b) shall submit to the Administrator an appli- cation at such time, in such manner, and containing such information as the Administrator may require. ‘‘(d) REGIONAL CONSORTIA.— ‘‘(1) ESTABLISHMENT.—States may establish re- gional consortia in accordance with this subsection. ‘‘(2) REQUIREMENTS.—A regional consortium estab- lished under paragraph (1) shall— ‘‘(A) include not fewer than 2 States that have en- tered into a memorandum of understanding— ‘‘(i) to exchange water data, including data on water quality; or ‘‘(ii) to share information, protocols, and proce- dures with respect to projects that evaluate, dem- onstrate, or install new and emerging, but prov- en, water technology; ‘‘(B) carry out projects— ‘‘(i) to exchange water data, including data on water quality; or ‘‘(ii) that evaluate, demonstrate, or install new and emerging, but proven, water technology; and ‘‘(C) develop a regional intended use plan, in ac- cordance with paragraph (3), to identify projects to carry out, including projects using grants received under this section. ‘‘(3) REGIONAL INTENDED USE PLAN.—A regional in- tended use plan of a regional consortium established under paragraph (1)— ‘‘(A) shall identify projects that the regional con- sortium intends to carry out, including projects that meet the requirements of paragraph (2)(B); and ‘‘(B) may include— ‘‘(i) projects included in an intended use plan of a State prepared under section 606(c) of the Fed- eral Water Pollution Control Act (33 U.S.C. 1386(c)) within the regional consortium; and ‘‘(ii) projects not included in an intended use plan of a State prepared under section 606(c) of the Federal Water Pollution Control Act (33 U.S.C. 1386(c)) within the regional consortium. ‘‘(e) REPORT.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Administrator shall submit to Congress a report that describes the im- plementation of the pilot program, which shall in- clude— ‘‘(1) a description of the use and deployment of amounts made available under the pilot program; and ‘‘(2) an accounting of all grants awarded under the program, including a description of each grant recipi- ent and each project funded using a grant under the pilot program. ‘‘(f) FUNDING.— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the pilot program $15,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. ‘‘(2) REQUIREMENT.—Of the funds made available under paragraph (1), not more than 35 percent may be used to provide grants to regional consortia estab- lished under subsection (d).’’ § 10362. Definitions In this chapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the National Oceanic and At- mospheric Administration. (2) Advisory Committee The term ‘‘Advisory Committee’’ means the National Advisory Committee on Water Infor- mation established— (A) under the Office of Management and Budget Circular 92–01; and (B) to coordinate water data collection ac- tivities. (3) Assessment program The term ‘‘assessment program’’ means the water availability and use assessment pro- gram established by the Secretary under sec- tion 10368(a) of this title. (4) Climate division The term ‘‘climate division’’ means 1 of the 359 divisions in the United States that rep- resents 2 or more regions located within a State that are as climatically homogeneous as possible, as determined by the Administrator. (5) Commissioner The term ‘‘Commissioner’’ means the Com- missioner of Reclamation. (6) Director The term ‘‘Director’’ means the Director of the United States Geological Survey. (7) Eligible applicant The term ‘‘eligible applicant’’ means— (A) any State, Indian tribe, irrigation dis- trict, or water district; (B) any State, regional, or local authority, the members of which include 1 or more or- ganizations with water or power delivery au- thority; (C) any other organization with water or power delivery authority; and (D) any nonprofit conservation organiza- tion, if— (i) the nonprofit conservation organiza- tion is acting in partnership with and with the agreement of an entity described in subparagraph (A), (B), or (C); or (ii) in the case of an application for a project to improve the condition of a nat- ural feature or nature-based feature on Federal land, the entities described in sub- paragraph (A), (B), or (C) from the applica- ble service area have been notified of the project application and there is no written objection to the project. (8) Federal Power Marketing Administration The term ‘‘Federal Power Marketing Admin- istration’’ means— (A) the Bonneville Power Administration; (B) the Southeastern Power Administra- tion; (C) the Southwestern Power Administra- tion; and (D) the Western Area Power Administra- tion. (9) Hydrologic accounting unit The term ‘‘hydrologic accounting unit’’ means 1 of the 352 river basin hydrologic ac- Page 8042 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10363 counting units used by the United States Geo- logical Survey. (10) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (11) Major aquifer system The term ‘‘major aquifer system’’ means a groundwater system that is— (A) identified as a significant groundwater system by the Director; and (B) included in the Groundwater Atlas of the United States, published by the United States Geological Survey. (12) Major reclamation river basin (A) In general The term ‘‘major reclamation river basin’’ means each major river system (including tributaries)— (i) that is located in a service area of the Bureau of Reclamation; and (ii) at which is located a federally au- thorized project of the Bureau of Reclama- tion. (B) Inclusions The term ‘‘major reclamation river basin’’ includes— (i) the Colorado River; (ii) the Columbia River; (iii) the Klamath River; (iv) the Missouri River; (v) the Rio Grande; (vi) the Sacramento River; (vii) the San Joaquin River; and (viii) the Truckee River. (13) Natural feature The term ‘‘natural feature’’ means a feature that is created through the action of physical, geological, biological, and chemical processes over time. (14) Nature-based feature The term ‘‘nature-based feature’’ means a feature that is created by human design, engi- neering, and construction to provide a means to reduce water supply and demand imbal- ances or drought or flood risk by acting in concert with natural processes. (15) Non-Federal participant The term ‘‘non-Federal participant’’ means— (A) a State, regional, or local authority; (B) an Indian tribe or tribal organization; or (C) any other qualifying entity, such as a water conservation district, water conser- vancy district, or rural water district or as- sociation, or a nongovernmental organiza- tion. (16) Panel The term ‘‘panel’’ means the climate change and water intragovernmental panel estab- lished by the Secretary under section 10366(a) of this title. (17) Program The term ‘‘program’’ means the regional in- tegrated sciences and assessments program— (A) established by the Administrator; and (B) that is comprised of 8 regional pro- grams that use advances in integrated cli- mate sciences to assist decisionmaking proc- esses. (18) Secretary (A) In general Except as provided in subparagraph (B), the term ‘‘Secretary’’ means the Secretary of the Interior. (B) Exceptions The term ‘‘Secretary’’ means— (i) in the case of sections 10363, 10364, and 10369 of this title, the Secretary of the In- terior (acting through the Commissioner); and (ii) in the case of sections 10367 and 10368 of this title, the Secretary of the Interior (acting through the Director). (19) Service area The term ‘‘service area’’ means any area that encompasses a watershed that contains a federally authorized reclamation project that is located in any State or area described in section 391 of title 43. (Pub. L. 111–11, title IX, § 9502, Mar. 30, 2009, 123 Stat. 1330; Pub. L. 116–260, div. FF, title XI, § 1106(a), Dec. 27, 2020, 134 Stat. 3240.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, § 1106(a)(1), substituted ‘‘chap- ter’’ for ‘‘section’’ in introductory provisions. Par. (7). Pub. L. 116–260, § 1106(a)(2), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: ‘‘The term ‘eligible applicant’ means any State, Indian tribe, irrigation district, water dis- trict, or other organization with water or power deliv- ery authority.’’ Par. (10). Pub. L. 116–260, § 1106(a)(3), made technical amendment to reference in original act which appears in text as a reference to section 5304 of title 25. Pars. (13) to (19). Pub. L. 116–260, § 1106(a)(4), (5), added pars. (13) and (14) and redesignated former pars. (13) to (17) as (15) to (19), respectively. § 10363. Reclamation climate change and water program (a) In general The Secretary shall establish a climate change adaptation program— (1) to coordinate with the Administrator and other appropriate agencies to assess each ef- fect of, and risk resulting from, global climate change with respect to the quantity of water resources located in a service area; and (2) to ensure, to the maximum extent pos- sible, that strategies are developed at water- shed and aquifer system scales to address po- tential water shortages, conflicts, and other impacts to water users located at, and the en- vironment of, each service area. (b) Required elements In carrying out the program described in sub- section (a), the Secretary shall— (1) coordinate with the United States Geo- logical Survey, the National Oceanic and At-