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Title 43, Public LandsRelease 119-110

§2406 Miscellaneous

Title 43 › CHAPTER 42 — RURAL WATER SUPPLY › SUBCHAPTER I — RECLAMATION RURAL WATER SUPPLY › § 2406

Last updated Sep 23, 2026|Official source

Summary

The Secretary can make contracts, provide money, and create rules needed to run the program. The law does not let existing water facilities be moved from Federal to private ownership or from private to Federal ownership. It does not change any Federal reclamation laws for projects built under those laws. The Secretary must work with Federal and State rural water and wastewater programs. If an organization will serve more than one Indian tribe, every tribe must agree before a contract or grant is made. Non‑Federal project groups must hold title to facilities built for them. If a community has urgent water needs, the Secretary must speed up the appraisal and feasibility work (see sections 2404 and 2405). State water law and interstate compacts are not overridden, and the Secretary must follow State water laws. Projects authorized before December 22, 2006 do not need new feasibility studies or extra requirements under this law.

Full Legal Text

Title 43, §2406

Public Lands, Source: USLM XML via OLRC

(a)Authority of Secretary
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)Transfer of projects
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)Federal reclamation law
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)Interagency coordination
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)Multiple Indian tribes
In any case in which a contract is entered into with, or a grant is made, 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)Ownership of facilities
Title to any facility planned, designed, and recommended for construction under this subchapter shall be held by the non-Federal project entity.
(g)Expedited procedures
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)Effect on State water law
(1)In general
Nothing in this subchapter preempts or affects State water law or an interstate compact governing water.
(2)Compliance required
The Secretary shall comply with State water laws in carrying out this subchapter.
(i)No additional requirements
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

Sep 23, 2026

Release point: 119-110