Title 43Public LandsRelease 119-73

§2406 Miscellaneous

Title 43 › Chapter CHAPTER 42— - RURAL WATER SUPPLY › Subchapter SUBCHAPTER I— - RECLAMATION RURAL WATER SUPPLY › § 2406

Last updated Apr 6, 2026|Official source

Summary

The Secretary can make contracts, give financial help, sign other agreements, and create rules needed to run the program. The Secretary must work with existing federal and state rural water and wastewater programs so non‑Federal project sponsors get the most efficient help. The law does not allow moving existing water facilities or parts of them between federal and private ownership. It does not change federal reclamation law for projects already tied to it. If a contract or grant serves more than one Indian tribe, every affected tribe must approve it. Planned facilities will be owned by the non‑Federal project entity. If a community has urgent water needs, the Secretary must, as much as possible, speed up appraisal reports under section 2404 and feasibility studies under section 2405. State water laws and interstate compacts remain in force, and projects authorized before December 22, 2006 do not need new feasibility studies or extra requirements.

Full Legal Text

Title 43, §2406

Public Lands — Source: USLM XML via OLRC

(a)The Secretary may enter into contracts, financial assistance agreements, and such other agreements, and promulgate such regulations, as are necessary to carry out this subchapter.
(b)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)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)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 effective solution to meeting the water needs of the non-Federal project sponsors.
(e)In any case in which a contract is entered into with, or a grant is made, to 11 So in original. The comma probably should follow “to”. 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 entering into the contract or making the grant.
(f)Title to any facility planned, designed, and recommended for construction under this subchapter shall be held by the non-Federal project entity.
(g)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 conducted under section 2405 of this title.
(h)(1)Nothing in this subchapter preempts or affects State water law or an interstate compact governing water.
(2)The Secretary shall comply with State water laws in carrying out this subchapter.
(i)Nothing in this subchapter requires a feasibility study for, or imposes any other additional requirements with respect to, rural water supply projects or programs that are authorized before December 22, 2006.

Reference

Citations & Metadata

Citation

43 U.S.C. § 2406

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73