43 U.S.C. § 390h–1: Appraisal investigations

Summary

The Secretary must carry out appraisal studies to find opportunities for water reclamation and reuse. These studies must follow environmental review rules under the National Environmental Policy Act and must say whether a feasibility study should be done. The studies must look at all possible uses of reclaimed water, covering 9 types such as environmental restoration, fish and wildlife, groundwater recharge, municipal/domestic, industrial, agricultural, power generation, and recreation. They must review current and improved technology, ways to boost demand and remove barriers (including pricing), steps to streamline local, State, and Federal permitting, and basic research needs for safe use. The Secretary must work with State, regional, and local authorities. Costs for these studies are not reimbursable.

Title 43, §390h–1

Public Lands, Source: USLM XML via OLRC

(a)Purposes; recommendations

The Secretary shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations issued to implement the provisions thereof, and shall include recommendations as to the preparation of a feasibility study of the potential reclamation and reuse measures.

(b)Matters to be considered

Appraisal investigations undertaken by the Secretary or the non-Federal project sponsor pursuant to sections 390h to 390h–39 of this title shall consider, among other things—

(1)all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation;

(2)the current status of water reclamation technology and opportunities for development of improved technologies;

(3)measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing;

(4)measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects; and

(5)measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner.

(c)Consultation and cooperation

The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to sections 390h to 390h–39 of this title.

(d)Nonreimbursable costs

Costs of such appraisal investigations shall be nonreimbursable.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Amendments

1996—Subsec. (b). Pub. L. 104–266 inserted “by the Secretary or the non-Federal project sponsor” after “undertaken” in introductory provisions.

§390h–1 Appraisal Investigations