Title 43Public LandsRelease 119-73

§3202 Water storage, groundwater storage, and conveyance projects

Title 43 › Chapter CHAPTER 50— - WESTERN WATER INFRASTRUCTURE › § 3202

Last updated Apr 6, 2026|Official source

Summary

Only certain feasibility studies can get federal money. A study is eligible only if Congress authorized it before November 15, 2021, Congress approved its funding under section 4007 of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322) before November 15, 2021, or the Secretary is doing the study for one of two named projects: the Verde Reservoirs Sediment Mitigation Project in Arizona or the Tualatin River Basin Project in Oregon. A project can get construction money only if Congress authorized construction before November 15, 2021, Congress approved construction funding under that same section 4007 before that date (with two narrow exceptions about prior recommendation or state funding rescission), or Congress approved a feasibility study before that date and, after the study is finished, the Secretary finds the project is technically and financially feasible under the reclamation laws, has enough non‑Federal funding for the non‑Federal share, is in the public interest, and the Secretary recommends construction. Projects that are the two named studies above are not eligible for construction under that study path. How much the Federal Government pays depends on which law applies. If an Act of Congress sets the share, that Act controls. If the project was approved under section 4007, that section controls. For other projects, a federally owned project gets at most 50% Federal funding and a non‑Federal project gets at most 25% Federal funding. Before paying, the Secretary must make sure the Federal investment matches a fair share of Federal benefits. Any Federal money must follow the reclamation laws about repayment. All projects must follow environmental laws, including the National Environmental Policy Act.

Full Legal Text

Title 43, §3202

Public Lands — Source: USLM XML via OLRC

(a)(1)(A)A feasibility study shall only be eligible for funding under section 3201(1) of this title if—
(i)the feasibility study has been authorized by an Act of Congress before November 15, 2021;
(ii)Congress has approved funding for the feasibility study in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) before November 15, 2021; or
(iii)the feasibility study is authorized under subparagraph (B).
(B)The Secretary may carry out feasibility studies for the following projects:
(i)The Verde Reservoirs Sediment Mitigation Project in the State of Arizona.
(ii)The Tualatin River Basin Project in the State of Oregon.
(2)A project shall only be eligible for construction funding under section 3201(1) of this title if—
(A)an Act of Congress enacted before November 15, 2021, authorizes construction of the project;
(B)Congress has approved funding for construction of the project in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) before November 15, 2021, except for any project for which—
(i)Congress did not approve the recommendation of the Secretary for funding under subsection (h)(2) of that section for at least 1 fiscal year before November 15, 2021; or
(ii)State funding for the project was rescinded by the State before November 15, 2021; or
(C)(i)Congress has authorized or approved funding for a feasibility study for the project in accordance with clause (i) or (ii) of paragraph (1)(A) (except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible); and
(ii)on completion of the feasibility study for the project, the Secretary—
(I)finds the project to be technically and financially feasible in accordance with the reclamation laws;
(II)determines that sufficient non-Federal funding is available for the non-Federal cost share of the project; and
(III)(aa)finds the project to be in the public interest; and
(bb)recommends the project for construction.
(b)(1)The Federal share—
(A)for a project authorized by an Act of Congress shall be determined in accordance with that Act;
(B)for a project approved by Congress in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) (including construction resulting from a feasibility study authorized under that Act) shall be as provided in that Act; and
(C)for a project not described in subparagraph (A) or (B)—
(i)in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and
(ii)in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project.
(2)Before funding a project under this section, the Secretary shall determine that, in return for the Federal investment in the project, at least a proportionate share of the benefits are Federal benefits.
(3)The reimbursability of Federal funding of projects under this section shall be in accordance with the reclamation laws.
(c)In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Water Infrastructure Improvements for the Nation Act, referred to in subsec. (b)(1)(B), is Pub. L. 114–322, Dec. 16, 2016, 130 Stat. 1628, also known as the WIIN Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 2201 of Title 33, Navigation and Navigable Waters, and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (c), 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 Welfare. 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 RequirementsFor 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 authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

Reference

Citations & Metadata

Citation

43 U.S.C. § 3202

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73