Title 43, Public LandsRelease 119-110

§2401 Definitions

Title 43 › CHAPTER 42 — RURAL WATER SUPPLY › SUBCHAPTER I — RECLAMATION RURAL WATER SUPPLY › § 2401

Last updated Sep 22, 2026|Official source

Summary

Defines key words used for the rural water supply program so people know what each term means. Construction means putting in new water system parts and improving related existing facilities tied to a rural water project the Secretary recommends. Federal reclamation law means the Reclamation Act of June 17, 1902 and the laws that follow it (43 U.S.C. 371 et seq.). Indian means a person who is a member of an Indian tribe, and Indian tribe uses the meaning in 25 U.S.C. 5304. Non‑Federal project entity includes States, regional or local authorities, tribes or tribal groups, and qualifying districts or associations like water conservation or rural water districts. Operations, maintenance, and replacement costs are the expenses needed to keep a project safe and working; they include routine repairs, replacing worn parts, and rehab to restore condition, but do not include construction costs. Program means the rural water supply program under section 2402. Reclamation States are the places named in the first section of the 1902 Act (43 U.S.C. 391). Rural water supply project serves communities of 50,000 people or fewer and can include tribal communities, dispersed homesites, and rural water needs; it covers small livestock watering and noncommercial irrigation of less than 1 acre and infrastructure like pumps, pipes, wells, storage tanks, small impoundments, potable treatment (including desalination), conservation and recycling equipment, and related parts, but does not include commercial irrigation or major impoundment structures. Secretary means the Secretary of the Interior. Tribal organization means the tribe’s official governing body or a legally formed Indian group controlled or approved by that governing body or elected by the adult members it serves.

Full Legal Text

Title 43, §2401

Public Lands, Source: USLM XML via OLRC

In this subchapter:
(1)Construction
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)Federal reclamation law
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)Indian
The term “Indian” means an individual who is a member of an Indian tribe.
(4)Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
(5)Non-Federal project entity
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)Operations, maintenance, and replacement costs
(A)In general
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)Inclusions
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)Exclusion
The term “operations, maintenance, and replacement costs” does not include construction costs.
(7)Program
The term “Program” means the rural water supply program carried out under section 2402 of this title.
(8)Reclamation States
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)Rural water supply project
(A)In general
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)Inclusion
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)Exclusion
The term “rural water supply project” does not include—
(i)commercial irrigation; or
(ii)major impoundment structures.
(10)Secretary
The term “Secretary” means the Secretary of the Interior.
(11)Tribal organization
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 43, Public Lands

Last Updated

Sep 22, 2026

Release point: 119-110