43 U.S.C. § 3208: Federal assistance for…

Summary

The Secretary may give technical or money help, take part in, and make agreements with Indian Tribes, States, or public agencies (including irrigation groups) to support groundwater recharge projects, aquifer storage and recovery projects, and water source substitution projects. The Secretary must not fund a new or enlarged surface water storage facility. Construction projects must meet the funding rules in section 3202(a)(2)(C)(ii), and cost sharing follows section 3202(b). The Secretary must follow environmental laws, including the National Environmental Policy Act and permit duties for fish, wildlife, and water quality. Projects with estimated costs of $500,000,000 or more need an Act of Congress to get construction funds.

Title 43, §3208

Public Lands, Source: USLM XML via OLRC

(a)In general

The Secretary, at the request of and in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for— (1)

(2)aquifer storage and recovery projects; or

(3)water source substitution for aquifer protection projects.

(b)Limitation

Nothing in this section authorizes additional technical or financial assistance for, or participation in an agreement for, a surface water storage facility to be constructed or expanded.

(c)Requirement

A construction project shall only be eligible for financial assistance under this section if the project meets the conditions for funding under section 3202(a)(2)(C)(ii) of this title.

(d)Cost sharing

Cost sharing for a project funded under this section shall be in accordance with section 3202(b) of this title.

(e)Environmental laws

In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including —

(1)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(2)any obligations for fish, wildlife, or water quality protection in permits or licenses granted by a Federal agency or a State; and

(3)any applicable Federal or State laws (including regulations).

(f)Authorization by Congress for major project construction

A project with a total estimated cost of $500,000,000 or more shall only be eligible for construction funding under this section if the project is authorized for construction by an Act of Congress.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (e)(1), 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.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

§3208 Federal Assistance for Groundwater Recharge, Aquifer Storage, and Water Source Substitution Projects