Title 43Public LandsRelease 119-73

§390h–1 Appraisal investigations

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 390h–1

Last updated Apr 6, 2026|Official source

Summary

The Secretary must carry out appraisal studies to find opportunities for water reclamation and reuse. These studies must follow the environmental review rules in the National Environmental Policy Act (NEPA) and include recommendations about whether a full feasibility study should be done. The studies must look at possible uses of reclaimed water (like environmental restoration, groundwater recharge, municipal, industrial, agricultural, power, and recreation), current and improved technology, ways to boost demand and remove barriers (including pricing), ways to coordinate permits across governments, and needed basic research. The Secretary must work with state, regional, and local authorities. Costs for these studies are nonreimbursable.

Full Legal Text

Title 43, §390h–1

Public Lands — Source: USLM XML via OLRC

(a)The Secretary shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations issued to implement the provisions thereof, and shall include recommendations as to the preparation of a feasibility study of the potential reclamation and reuse measures.
(b)Appraisal investigations undertaken by the Secretary or the non-Federal project sponsor pursuant to sections 390h to 390h–39 of this title shall consider, among other things—
(1)all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation;
(2)the current status of water reclamation technology and opportunities for development of improved technologies;
(3)measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing;
(4)measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects; and
(5)measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner.
(c)The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to sections 390h to 390h–39 of this title.
(d)Costs of such appraisal investigations shall be nonreimbursable.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), 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.

Amendments

1996—Subsec. (b). Pub. L. 104–266 inserted “by the Secretary or the non-Federal project sponsor” after “undertaken” in introductory provisions.

Reference

Citations & Metadata

Citation

43 U.S.C. § 390h–1

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73