§3208 — Title 43 Public Lands | U.S. Code

Summary

The Secretary may, when asked and working with affected Indian Tribes, States (including their subdivisions and departments), or public agencies created by State law, give technical or financial help, take part in projects, and sign agreements (including with irrigation groups) for three kinds of work: groundwater recharge, aquifer storage and recovery, and switching water sources to protect aquifers. The Secretary cannot use this to pay for building or expanding surface water storage. Construction money only goes to projects that meet the rules in section 3202(a)(2)(C)(ii) and cost sharing follows section 3202(b). Funded projects must follow environmental laws (including NEPA, permit conditions for fish, wildlife, and water quality, and other federal or state rules). Projects with estimated costs of $500,000,000 or more need Congress to authorize construction.

Title 43, §3208

Public Lands — Source: USLM XML via OLRC

(a)The Secretary, at the request of and in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for—

(1)groundwater recharge projects;

(2)aquifer storage and recovery projects; or

(3)water source substitution for aquifer protection projects.

(b)Nothing in this section authorizes additional technical or financial assistance for, or participation in an agreement for, a surface water storage facility to be constructed or expanded.

(c)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 for a project funded under this section shall be in accordance with section 3202(b) of this title.

(e)In providing funding for a project under this section, the Secretary shall comply with all applicable 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 (including regulations).

(f)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred 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 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.

§3208 Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects