### §2401. Definitions

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.

(Pub. L. 109–451, title I, §102, Dec. 22, 2006, 120 Stat. 3346.)

#### **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'."