Title 43 — Public LandsRelease 119-73not60

§2406 Miscellaneous

Title 43 › Chapter 42— RURAL WATER SUPPLY › Subchapter I— RECLAMATION RURAL WATER SUPPLY › § 2406

Last updated Apr 5, 2026|Official source

Summary

The Secretary may make contracts, give money, and set rules needed to run the rural water program. Pre-existing water facilities or parts of them cannot be moved from Federal to private ownership or the other way around. The program does not change any Federal reclamation law tied to a project. The Secretary must work with existing Federal and State rural water and wastewater programs to meet the needs of non-Federal project sponsors. If a grant or contract would help more than one Indian tribe, every tribe involved must approve it first. Any facility planned and recommended under the program will be owned by the non-Federal project entity. If a community has urgent and compelling water needs, the Secretary must speed up appraisals and feasibility studies as much as possible. State water laws and interstate water compacts are not changed or overridden, and the Secretary must follow State water laws. Projects or programs authorized before December 22, 2006 do not need a new feasibility study or extra requirements under this program.

Full Legal Text

Title 43, §2406

Public Lands — Source: USLM XML via OLRC

(a)The Secretary may enter into contracts, financial assistance agreements, and such other agreements, and promulgate such regulations, as are necessary to carry out this subchapter.

(b)Nothing in this subchapter authorizes the transfer of pre-existing facilities or pre-existing components of any water system from Federal to private ownership or from private to Federal ownership.

(c)Nothing in this subchapter supersedes or amends any Federal law associated with a project, or portion of a project, constructed under Federal reclamation law.

(d)The Secretary shall coordinate the Program carried out under this subchapter with existing Federal and State rural water and wastewater programs to facilitate the most efficient and effective solution to meeting the water needs of the non-Federal project sponsors.

(e)In any case in which a contract is entered into with, or a grant is made, to 11 So in original. The comma probably should follow “to”. an organization to perform services benefitting more than 1 Indian tribe under this subchapter, the approval of each such Indian tribe shall be a prerequisite to entering into the contract or making the grant.

(f)Title to any facility planned, designed, and recommended for construction under this subchapter shall be held by the non-Federal project entity.

(g)If the Secretary determines that a community to be served by a proposed rural water supply project has urgent and compelling water needs, the Secretary shall, to the maximum extent practicable, expedite appraisal investigations and reports conducted under section 2404 of this title and feasibility studies and reports conducted under section 2405 of this title.

(h)(1)Nothing in this subchapter preempts or affects State water law or an interstate compact governing water.

(2)The Secretary shall comply with State water laws in carrying out this subchapter.

(i)Nothing in this subchapter requires a feasibility study for, or imposes any other additional requirements with respect to, rural water supply projects or programs that are authorized before December 22, 2006.

Reference

Citations & Metadata

Citation

43 U.S.C. § 2406

Title 43 — Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60