Browse Arkansas Code titles and sections
43 U.S.C. § 3207 — Multi-benefit projects to improve water-
Federal law — U.S. Code and appendices · legal_authorities
Page 674
TITLE 43—PUBLIC LANDS
§ 3206
(B) section 4(a) of the Water Desalination
Act of 1996 (42 U.S.C. 10301 note; Public Law
104–298) for eligible desalination projects; or
(C) section 1602(e) of the Reclamation
Wastewater and Groundwater Study and Fa-
cilities Act (43 U.S.C. 390h(e)).
(g) Environmental laws
In providing a grant for an eligible project
under the program, the Secretary shall comply
with all applicable environmental laws, includ-
ing the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(h) Guidance
Not later than 1 year after November 15, 2021,
the Secretary shall issue guidance on the imple-
mentation of the program, including guidelines
for the preparation of feasibility studies or
equivalent studies by eligible entities.
(i) Reports
(1) Annual report
At the end of each fiscal year, the Secretary
shall make available on the website of the De-
partment of the Interior an annual report that
lists each eligible project for which a grant
has been awarded under this section during
the fiscal year.
(2) Comptroller general
(A) Assessment
The Comptroller General of the United
States shall conduct an assessment of the
administrative establishment, solicitation,
selection, and justification process with re-
spect to the funding of grants under this sec-
tion.
(B) Report
Not later than 1 year after the date of the
initial award of grants under this section,
the Comptroller General shall submit to the
Committee on Energy and Natural Re-
sources of the Senate and the Committee on
Natural Resources of the House of Rep-
resentatives a report that describes—
(i) the adequacy and effectiveness of the
process by which each eligible project was
selected, if applicable; and
(ii) the justification and criteria used fo
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Page 674
TITLE 43—PUBLIC LANDS
§ 3206
(B) section 4(a) of the Water Desalination
Act of 1996 (42 U.S.C. 10301 note; Public Law
104–298) for eligible desalination projects; or
(C) section 1602(e) of the Reclamation
Wastewater and Groundwater Study and Fa-
cilities Act (43 U.S.C. 390h(e)).
(g) Environmental laws
In providing a grant for an eligible project
under the program, the Secretary shall comply
with all applicable environmental laws, includ-
ing the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(h) Guidance
Not later than 1 year after November 15, 2021,
the Secretary shall issue guidance on the imple-
mentation of the program, including guidelines
for the preparation of feasibility studies or
equivalent studies by eligible entities.
(i) Reports
(1) Annual report
At the end of each fiscal year, the Secretary
shall make available on the website of the De-
partment of the Interior an annual report that
lists each eligible project for which a grant
has been awarded under this section during
the fiscal year.
(2) Comptroller general
(A) Assessment
The Comptroller General of the United
States shall conduct an assessment of the
administrative establishment, solicitation,
selection, and justification process with re-
spect to the funding of grants under this sec-
tion.
(B) Report
Not later than 1 year after the date of the
initial award of grants under this section,
the Comptroller General shall submit to the
Committee on Energy and Natural Re-
sources of the Senate and the Committee on
Natural Resources of the House of Rep-
resentatives a report that describes—
(i) the adequacy and effectiveness of the
process by which each eligible project was
selected, if applicable; and
(ii) the justification and criteria used for
the selection of each eligible project, if ap-
plicable.
(j) Treatment of conveyance
The Secretary shall consider the planning, de-
sign, and construction of a conveyance system
for an eligible project to be eligible for grant
funding under the program.
(k) Termination of authority
The authority to carry out this section termi-
nates on the date that is 5 years after November
15, 2021.
(Pub. L. 117–58, div. D, title IX, § 40905, Nov. 15,
2021, 135 Stat. 1122.)
Editorial Notes
REFERENCES IN TEXT
The
Reclamation
Wastewater
and
Groundwater
Study and Facilities Act, referred to in subsec.
(f)(4)(A), is title XVI of Pub. L. 102–575, Oct. 30, 1992, 106
Stat. 4663, which enacted sections 390h to 390h–15 of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 390h of
this title and Tables.
The National Environmental Policy Act of 1969, re-
ferred to in subsec. (g), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
Statutory Notes and Related Subsidiaries
WAGE RATE REQUIREMENTS
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
alteration, or repair work funded under div. D or an
amendment by div. D of Pub. L. 117–58, including au-
thority of Secretary of Labor, see section 18851 of Title
42, The Public Health and Welfare.
§ 3206. Drought contingency plan funding re-
quirements
(a) In general
Funds made available under section 3201(8) of
this title for use in the Lower Colorado River
Basin may be used for projects—
(1) to establish or conserve recurring Colo-
rado River water that contributes to supplies
in Lake Mead and other Colorado River water
reservoirs in the Lower Colorado River Basin;
or
(2) to improve the long-term efficiency of op-
erations in the Lower Colorado River Basin.
(b) Limitation
None of the funds made available under sec-
tion 3201(8) of this title may be used for the op-
eration of the Yuma Desalting Plant.
(c) Effect
Nothing in section 3201(8) of this title limits
existing or future opportunities to augment the
water supplies of the Colorado River.
(Pub. L. 117–58, div. D, title IX, § 40906, Nov. 15,
2021, 135 Stat. 1124.)
Statutory Notes and Related Subsidiaries
WAGE RATE REQUIREMENTS
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
alteration, or repair work funded under div. D or an
amendment by div. D of Pub. L. 117–58, including au-
thority of Secretary of Labor, see section 18851 of Title
42, The Public Health and Welfare.
§ 3207. Multi-benefit projects to improve water-
shed health
(a) Definition of eligible applicant
In this section, the term ‘‘eligible applicant’’
means—
(1) a State;
(2) a Tribal or local government;
(3) an organization with power or water de-
livery authority;
(4) a regional authority; or
(5) a nonprofit conservation organization.
(b) Establishment of competitive grant program
Not later than 1 year after November 15, 2021,
the Secretary, in consultation with the heads of
Page 675
TITLE 43—PUBLIC LANDS
§ 3208
relevant agencies, shall establish a competitive
grant program under which the Secretary shall
award grants to eligible applicants for the de-
sign, implementation, and monitoring of con-
servation
outcomes
of
habitat
restoration
projects that improve watershed health in a
river basin that is adversely impacted by a Bu-
reau of Reclamation water project by accom-
plishing 1 or more of the following:
(1) Ecosystem benefits.
(2) Restoration of native species.
(3) Mitigation against the impacts of climate
change to fish and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural eco-
system.
(6)
Enhancement
of
commercial,
rec-
reational, subsistence, or Tribal ceremonial
fishing.
(7) Enhancement of river-based recreation.
(c) Requirements
(1) In general
In awarding a grant to an eligible applicant
under subsection (b), the Secretary—
(A) shall give priority to an eligible appli-
cant that would carry out a habitat restora-
tion project that achieves more than 1 of the
benefits described in that subsection; and
(B) may not provide a grant to carry out a
habitat restoration project the purpose of
which is to meet existing environmental
mitigation or compliance obligations under
Federal or State law.
(2) Compliance
A habitat restoration project awarded a
grant under subsection (b) shall comply with
all applicable Federal and State laws.
(d) Cost-sharing requirement
The Federal share of the cost of any habitat
restoration project that is awarded a grant
under subsection (b)—
(1) shall not exceed 50 percent of the cost of
the habitat restoration project; or
(2) in the case of a habitat restoration
project that provides benefits to ecological or
recreational values in which the nonconsump-
tive water conservation benefit or habitat res-
toration benefit accounts for at least 75 per-
cent of the cost of the habitat restoration
project, as determined by the Secretary, shall
not exceed 75 percent of the cost of the habitat
restoration project.
(Pub. L. 117–58, div. D, title IX, § 40907, Nov. 15,
2021, 135 Stat. 1125.)
Statutory Notes and Related Subsidiaries
WAGE RATE REQUIREMENTS
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
alteration, or repair work funded under div. D or an
amendment by div. D of Pub. L. 117–58, including au-
thority of Secretary of Labor, see section 18851 of Title
42, The Public Health and Welfare.
§ 3208. Federal assistance for groundwater re-
charge, aquifer storage, and water source
substitution projects
(a) In general
The Secretary, at the request of and in coordi-
nation with affected Indian Tribes, States (in-
cluding subdivisions and departments of a
State), or a public agency organized pursuant to
State law, may provide technical or financial as-
sistance for, participate in, and enter into agree-
ments (including agreements with irrigation en-
tities) for—
(1) groundwater recharge projects;
(2) aquifer storage and recovery projects; or
(3) water source substitution for aquifer pro-
tection projects.
(b) Limitation
Nothing in this section authorizes additional
technical or financial assistance for, or partici-
pation in an agreement for, a surface water stor-
age facility to be constructed or expanded.
(c) Requirement
A construction project shall only be eligible
for financial assistance under this section if the
project meets the conditions for funding under
section 3202(a)(2)(C)(ii) of this title.
(d) Cost sharing
Cost sharing for a project funded under this
section shall be in accordance with section
3202(b) of this title.
(e) Environmental laws
In providing funding for a project under this
section, the Secretary shall comply with all ap-
plicable environmental laws, including —
(1) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(2) any obligations for fish, wildlife, or water
quality protection in permits or licenses
granted by a Federal agency or a State; and
(3) any applicable Federal or State laws (in-
cluding regulations).
(f) Authorization by Congress for major project
construction
A project with a total estimated cost of
$500,000,000 or more shall only be eligible for
construction funding under this section if the
project is authorized for construction by an Act
of Congress.
(Pub. L. 117–58, div. D, title IX, § 40910, Nov. 15,
2021, 135 Stat. 1126.)
Editorial Notes
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, re-
ferred to in subsec. (e)(1), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
Statutory Notes and Related Subsidiaries
WAGE RATE REQUIREMENTS
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
alteration, or repair work funded under div. D or an
amendment by div. D of Pub. L. 117–58, including au-
thority of Secretary of Labor, see section 18851 of Title
42, The Public Health and Welfare.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that—
(1) the existence of an adequate supply of water of good quality for the production of materials and energy for the Nation’s needs and for the efficient use of the Nation’s energy and water resources is essential to national economic stability and growth, and to the well-being of the people;
(2) the management of water resources is closely related to maintaining environmental quality, productivity of natural resources and agricultural systems, and social well-being;
(3) there is an increasing threat of impairment to the quantity and quality of surface and groundwater resources;
(4) the Nation’s capabilities for technological assessment and planning and for policy formulation for water resources must be strengthened at the Federal, State, and local governmental levels;
(5) there should be a continuing national investment in water and related research and technology commensurate with growing national needs;
(6) it is necessary to provide for the research and development of technology for the conversion of saline and other impaired waters to a quality suitable for municipal, industrial, agricultural, recreational, and other beneficial uses;
(7) the Nation must provide programs to strengthen research and associated graduate education because the pool of scientists, engineers, and technicians trained in fields related to water resources constitutes an invaluable natural resource which should be increased, fully utilized, and regularly replenished; and 11 So in original. The word “and” probably should not appear.
(8) long-term planning and policy development are essential to ensure the availability of an abundant supply of high quality water for domestic and other uses; and
(9) the States must have the research and problem-solvin
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10301
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 10301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8028
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10270
1 So in original. The word ‘‘and’’ probably should not appear.
(Pub. L. 97–425, title V, § 509, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5051,
Dec. 22, 1987, 101 Stat. 1330–251.)
Editorial Notes
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.
§ 10270. Termination of Board
The Board shall cease to exist not later than
1 year after the date on which the Secretary be-
gins disposal of high-level radioactive waste or
spent nuclear fuel in a repository.
(Pub. L. 97–425, title V, § 510, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5051,
Dec. 22, 1987, 101 Stat. 1330–251.)
Editorial Notes
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.
CHAPTER 109—WATER RESOURCES
RESEARCH
Sec.
10301.
Congressional findings and declarations.
10302.
Congressional declaration of purpose.
10303.
Water resources research and technology in-
stitutes.
10304.
Research concerning water resource-related
problems deemed to be in national interest.
10305.
Development of water-related technology.
10306.
Administrative costs.
10307.
Types of research and development.
10308.
Patent policy.
10309.
New spending authority; amounts provided in
advance.
10310.
Produced water research and development.
§ 10301. Congressional findings and declarations
The Congress finds and declares that—
(1) the existence of an adequate supply of
water of good quality for the production of
materials and energy for the Nation’s needs
and for the efficient use of the Nation’s energy
and water resources is essential to nation
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10301
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 10301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 4321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6095
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4321
Sec.
4368a.
Utilization of talents of older Americans in
projects of pollution prevention, abate-
ment, and control.
4368b.
General assistance program.
4369.
Miscellaneous reports.
4369a.
Reports on environmental research and devel-
opment activities of Agency.
4370.
Reimbursement for use of facilities.
4370a.
Assistant Administrators of Environmental
Protection Agency; appointment; duties.
4370b.
Availability of fees and charges to carry out
Agency programs.
4370c.
Environmental Protection Agency fees.
4370d.
Percentage of Federal funding for organiza-
tions owned by socially and economically
disadvantaged individuals.
4370e.
Working capital fund in Treasury.
4370f.
Availability of funds after expiration of pe-
riod for liquidating obligations.
4370g.
Availability of funds for uniforms and certain
services.
4370h.
Availability of funds for facilities.
4370i.
Regional liaisons for minority, tribal, and
low-income communities.
4370j.
Municipal Ombudsman.
SUBCHAPTER IV—FEDERAL PERMITTING
IMPROVEMENT
4370m.
Definitions.
4370m–1. Federal Permitting Improvement Steering
Council.
4370m–2. Permitting process improvement.
4370m–3. Interstate compacts.
4370m–4. Coordination of required reviews.
4370m–5. Delegated State permitting programs.
4370m–6. Litigation, judicial review, and savings provi-
sion.
4370m–7. Reports.
4370m–8. Funding for governance, oversight, and proc-
essing of environmental reviews and per-
mits.
4370m–9. Application.
4370m–10. GAO report.
4370m–11. Savings provision.
4370m–12. Repealed.
§ 4321. Congressional declaration of purpose
The purposes of this chapter are: To declare a
national policy which will encourage productive
and enjoyable harmony
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4321
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 4321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of eligible applicant** In this section, the term “eligible applicant” means—
(1) a State;
(2) a Tribal or local government;
(3) an organization with power or water delivery authority;
(4) a regional authority; or
(5) a nonprofit conservation organization.
**(b) Establishment of competitive grant program** Not later than 1 year after November 15, 2021, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following:
(1) Ecosystem benefits.
(2) Restoration of native species.
(3) Mitigation against the impacts of climate change to fish and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural ecosystem.
(6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing.
(7) Enhancement of river-based recreation.
**(c) Requirements**
(1) **In general** — In awarding a grant to an eligible applicant under subsection (b), the Secretary—
(A) shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than 1 of the benefits described in that subsection; and
(B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law.
(2) **Compliance** — A habitat restoration project awarded a grant under subsection (b) shall comply wi
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 3207
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Program established** The Secretary of the Interior (hereafter “Secretary”), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto (hereafter “Federal reclamation laws”), is directed to undertake a program to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater, and to conduct research, including desalting, for the reclamation of wastewater and naturally impaired ground and surface waters.
**(b) States included** Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) [[43 U.S.C. 391](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section391&num=0&edition=prelim)] as amended, and the State of Hawaii.
**(c) Agreements and regulations** The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of sections 390h to 390h–39 of this title.
**(d) San Luis Unit of Central Valley Project, California** The Secretary shall not investigate, promote or implement, pursuant to sections 390h to 390h–39 of this title, any project intended to reclaim and reuse agricultural wastewater generated in the service area of the San Luis Unit of the Central Valley Project, California, except those measures recommended for action by the San Joaquin Valley Drainage Program in the report entitled A Management Plan for Agricultural Subsurface Drainage and Related Problems on the
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390h
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Federal law — U.S. Code and appendices · legal_authorities
Page 103
TITLE 43—PUBLIC LANDS
§ 390h
(B) Effect on existing contracts
Nothing in this subsection affects a con-
tract—
(i) in effect on December 27, 2020; and
(ii) under which the use of excess capac-
ity in a Bureau conveyance facility for
carriage of non-Reclamation project water
for aquifer recharge is allowed.
(2) Aquifer recharge on eligible land
(A) In general
Subject to subparagraphs (C) and (D), the
Secretary may contract with a holder of a
water service or repayment contract for a
Reclamation project to allow the contractor,
in accordance with applicable State laws and
policies—
(i) to directly use water available under
the contract for aquifer recharge on eligi-
ble land; or
(ii) to enter into an agreement with an
individual or entity to transfer water
available under the contract for aquifer re-
charge on eligible land.
(B) Authorized project use
The use of a Reclamation facility for aqui-
fer recharge under subparagraph (A) shall be
considered an authorized use for the Rec-
lamation project if requested by a holder of
a water service or repayment contract for
the Reclamation facility.
(C) Modifications to contracts
The Secretary may contract with a holder
of a water service or repayment contract for
a Reclamation project under subparagraph
(A) if the Secretary determines that a new
contract or contract amendment described
in that subparagraph is—
(i) necessary to allow for the use of
water available under the contract for aq-
uifer recharge under this subsection;
(ii) in the best interest of the Reclama-
tion project and the United States; and
(iii) approved by the contractor that is
responsible for repaying the cost of con-
struction, operations, and maintenance of
the facility that delivers the water under
the contract.
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 390h
Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 390h. This identifies an authority to review, not proof of applicability.