Title 43Public LandsRelease 119-73not60

§2401 Definitions

Title 43 › Chapter 42— RURAL WATER SUPPLY › Subchapter I— RECLAMATION RURAL WATER SUPPLY › § 2401

Last updated Apr 5, 2026|Official source

Summary

Defines the key words used for the rural water supply program and related projects. Construction means putting in new infrastructure and upgrading existing facilities that are connected to a rural water project the Secretary recommends. Federal reclamation law means the Reclamation Act of June 17, 1902 (32 Stat. 388, chapter 1093) and later laws that changed it (43 U.S.C. 371 et seq.). Indian means a person who is a member of an Indian tribe. Indian tribe has the meaning given in section 5304 of title 25. Non‑Federal project entity means a state, regional, or local authority, an Indian tribe or tribal organization, or other qualifying groups like water conservation districts or rural water districts. Operations, maintenance, and replacement costs are the expenses needed to keep a rural water project working safely and efficiently; this includes routine repairs, replacing worn parts, and rehabilitation to restore condition, but does not include construction costs. Program means the rural water supply program under section 2402 of this title. Reclamation States means the states and areas listed in the first section of the Reclamation Act of June 17, 1902 (43 U.S.C. 391). Rural water supply project means a project serving communities of not more than 50,000 people (including tribes and dispersed rural areas) for domestic, industrial, municipal, and residential water; it also covers incidental noncommercial livestock watering, noncommercial irrigation of small gardens less than 1 acre, and improvements to rural water infrastructure (pumps, pipes, wells, storage, treatment including desalination, conservation and recycling equipment, and related parts), but not commercial irrigation or major impoundment structures. Secretary means the Secretary of the Interior. Tribal organization means the tribe’s recognized governing body or a legally established Indian organization controlled, approved, or democratically chosen by that community.

Full Legal Text

Title 43, §2401

Public Lands — Source: USLM XML via OLRC

In this subchapter:
(1)The term “construction” means the installation of infrastructure and the upgrading of existing facilities in locations in which the infrastructure or facilities are associated with the new infrastructure of a rural water project recommended by the Secretary pursuant to this subchapter.
(2)The term “Federal reclamation law” means the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.).
(3)The term “Indian” means an individual who is a member of an Indian tribe.
(4)The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
(5)The term “non-Federal project entity” means a State, regional, or local authority, Indian tribe or tribal organization, or other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association.
(6)(A)The term “operations, maintenance, and replacement costs” means all costs for the operation of a rural water supply project that are necessary for the safe, efficient, and continued functioning of the project to produce the benefits described in a feasibility study.
(B)The term “operations, maintenance, and replacement costs” includes—
(i)repairs of a routine nature that maintain a rural water supply project in a well kept condition;
(ii)replacement of worn-out project elements; and
(iii)rehabilitation activities necessary to bring a deteriorated project back to the original condition of the project.
(C)The term “operations, maintenance, and replacement costs” does not include construction costs.
(7)The term “Program” means the rural water supply program carried out under section 2402 of this title.
(8)The term “Reclamation States” means the States and areas referred to in the first section of the Act of June 17, 1902 (43 U.S.C. 391).
(9)(A)The term “rural water supply project” means a project that is designed to serve a community or group of communities, each of which has a population of not more than 50,000 inhabitants, which may include Indian tribes and tribal organizations, dispersed homesites, or rural areas with domestic, industrial, municipal, and residential water.
(B)The term “rural water supply project” includes—
(i)incidental noncommercial livestock watering and noncommercial irrigation of vegetation and small gardens of less than 1 acre; and
(ii)a project to improve rural water infrastructure, including—
(I)pumps, pipes, wells, and other diversions;
(II)storage tanks and small impoundments;
(III)water treatment facilities for potable water supplies, including desalination facilities;
(IV)equipment and management tools for water conservation, groundwater recovery, and water recycling; and
(V)appurtenances.
(C)The term “rural water supply project” does not include—
(i)commercial irrigation; or
(ii)major impoundment structures.
(10)The term “Secretary” means the Secretary of the Interior.
(11)The term “tribal organization” means—
(A)the recognized governing body of an Indian tribe; and
(B)any legally established organization of Indians that is controlled, sanctioned, or chartered by the governing body or democratically elected by the adult members of the Indian community to be served by the organization.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of June 17, 1902 (32 Stat. 388, chapter 1093), referred to in par. (2), is popularly known as the Reclamation Act and is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 109–451, § 1(a), Dec. 22, 2006, 120 Stat. 3345, provided that: “This Act [enacting this chapter] may be cited as the ‘Rural Water Supply Act of 2006’.” Pub. L. 109–451, title I, § 101, Dec. 22, 2006, 120 Stat. 3346, provided that: “This title [enacting this subchapter] may be cited as the ‘Reclamation Rural Water Supply Act of 2006’.” Pub. L. 109–451, title II, § 201, Dec. 22, 2006, 120 Stat. 3356, provided that: “This title [enacting subchapter II of this chapter] may be cited as the ‘Twenty-First Century Water Works Act’.”

Reference

Citations & Metadata

Citation

43 U.S.C. § 2401

Title 43Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60