dreamproit/uscode huggingface dataset:
43 U.S.C. § 390g (PUBLIC LANDS)
§ 390g. Groundwater recharge of aquifers; demonstration program
The Secretary of the Interior (hereinafter referred to as the “Secretary”), acting through the Bureau of Reclamation (hereinafter referred to as the “Bureau”), shall, in two phases, conduct an investigation of and establish demonstration projects for groundwater recharge of aquifers in the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming (such States to be hereinafter referred to as the “High Plains States”) and in the other States referred to in section 391 of this title (hereinafter referred to as “other Reclamation Act States”), as provided by sections 390g to 390g–8 of this title: Provided, That funds made available pursuant to sections 390g to 390g–8 of this title shall not be used for the study or construction of groundwater recharge demonstration projects in the High Plains States and other Reclamation Act States which would utilize water originating in the drainage basin of the Great Lakes. The Bureau shall consult with the United States Geological Survey and other appropriate agencies and departments of the United States and of the High Plains States and other Reclamation Act States in order to carry out sections 390g to 390g–8 of this title.
(Pub. L. 98–434, § 2, Sept. 28, 1984, 98 Stat. 1675.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 98–434, § 1, Sept. 28, 1984, 98 Stat. 1675, provided: “That this Act [enacting sections 390g to 390g–8 of this title] may be cited as the ‘High Plains States Groundwater Demonstration Program Act of 1983’.”
43 U.S.C. § 390g–1 (PUBLIC LANDS)
§ 390g–1. Phase I of groundwater recharge demonstration program
(a) Development of detailed plan of demonstration projects; requisite features of plan
During phase I, the Bureau, in consultation with the High Plains States and other Reclamation Act States and other appropriate departments and agencies of the United States, including the United States Geological Survey, shall develop a detailed plan of demonstration projects the purpose of which is to determine whether various recharge technologies may be applied to diverse geologic and hydrologic conditions represented in the High Plains States and other Reclamation Act States. In the preparation and development of such plan, the Bureau shall make maximum use of data, planning studies and other technical resources and assistance available from State and local entities: Provided, That contributions of such technical resources and assistance may be counted as part of the inkind services or other State contribution, but shall otherwise be provided without compensation to the State or local entity. This plan shall contain the selection of not less than a total of twelve demonstration project sites in High Plains States and not less than a total of nine demonstration project sites in other Reclamation Act States. Demonstration project sites shall be confined to areas having a declining water table, an available surface water supply, and a high probability of physical, chemical, and economic feasibility for recharge of the groundwater reservoir. The plan shall provide for demonstration of the application of recharge technology and the selection of water sources, determination of necessary physical works and the operation of water replacement systems, formulation of a monitoring program, identification of any economic, legal, intergovernmental, and environmental issues and projection of planning problems associated with such systems, and recommendation of legislative and administrative actions as may be necessary to carry out phase II.
(b) Recommendation of demonstration projects
During phase I the Bureau is authorized and directed to recommend demonstration projects to be designed, constructed, and operated during phase II.
(c) Preliminary selection of projects
Within six months, after the enactment of an appropriation Act to carry out phase I, the Secretary shall make a preliminary selection of projects to receive further planning and development and shall initiate such further planning and development for those selected projects.
(Pub. L. 98–434, § 3, Sept. 28, 1984, 98 Stat. 1675; Pub. L. 104–66, title I, § 1081(c), Dec. 21, 1995, 109 Stat. 721.)
heading: Editorial Notes
heading: Amendments
text: 1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which read as follows: “Within twenty-four months after the date of enactment of an appropriation Act to carry out phase I, the Secretary shall transmit a report to Congress containing the recommendations made pursuant to subsection (b) of this section and a detailed statement of his findings and conclusions.”
43 U.S.C. § 390g–2 (PUBLIC LANDS)
§ 390g–2. Phase II of groundwater recharge demonstration program
(a) Design, construction, and operation of projects
During phase II, and subject to State water laws and interstate water compacts, the Bureau is authorized and directed to design, construct, and operate demonstration projects in the High Plains States and other Reclamation Act States to recharge groundwater systems as recommended in the report referred to in subsection (c).
(b) Alternative means of cost allocation; economic feasibility of projects
During phase II the Secretary, acting through the Bureau, shall contract with the various High Plains States and other Reclamation Act States to conduct a study to identify and evaluate alternative means by which the costs of groundwater recharge projects could be allocated among the beneficiaries of the projects within the respective States and identify and evaluate the economic feasibility of and the legal authority for utilizing groundwater recharge in water resource development projects.
(c) Reports to Congress
(1) Within twelve months after the initiation of phase II, and at annual intervals thereafter, the Secretary shall submit interim reports to Congress. Each report shall contain a detailed statement of his findings and progress respecting the design, construction, and operation of the demonstration projects referred to in subsection (a) and the study referred to in subsection (b).
(2) Within five years after the initiation of phase II, the Secretary shall submit a summary report to Congress. The summary report shall contain—
(A) a detailed evaluation of the demonstration projects referred to in subsection (a);
(B) the results of the studies referred to in subsection (b);
(C) specific recommendations regarding the location, scope, and feasibility of operational groundwater recharge projects to be constructed and maintained by the Bureau; and
(D) an evaluation of the feasibility of integrating these groundwater recharge projects into existing reclamation projects.
(3) In addition to recommendations made under section 390g–1 of this title, the Secretary shall make additional recommendations for design, construction, and operation of demonstration projects. Such projects are authorized to be designed, constructed, and operated in accordance with subsection (a).
(4) Each project under this section shall terminate five years after the date on which construction on the project is completed.
(5) At the conclusion of phase II the Secretary shall submit a final report to the Congress which shall include, but not be limited to, a detailed evaluation of the projects under this section.
(Pub. L. 98–434, § 4, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102–575, title XXVI, § 2601(1), (2), Oct. 30, 1992, 106 Stat. 4689.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (c). Pub. L. 102–575 substituted “summary report” for “final report” in two places in introductory provisions of par. (2) and added pars. (3) to (5).
43 U.S.C. § 390g–3 (PUBLIC LANDS)
§ 390g–3. Evaluation of water quality impacts
The Secretary, acting through the Bureau, and the Administrator of the Environmental Protection Agency (hereinafter referred to as the “Administrator”) shall enter into a memorandum-of-understanding to provide for an evaluation of the impacts to surface water and groundwater quality resulting from the groundwater recharge demonstration projects constructed pursuant to sections 390g to 390g–8 of this title. The Administrator shall consult with the United States Geological Survey and shall make maximum use of data, studies, and other technical resources and assistance available from State and local entities in conducting the evaluation. The evaluation of water quality impacts shall be completed so as to be included in the Secretary’s summary report to the Congress referred to in section 390g–2(c)(2) of this title.
(Pub. L. 98–434, § 5, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102–575, title XXVI, § 2601(1), Oct. 30, 1992, 106 Stat. 4689.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–575 substituted “summary report” for “final report”.
43 U.S.C. § 390g–5 (PUBLIC LANDS)
§ 390g–5. Authorization of appropriations to carry out phase II
There is authorized to be appropriated for fiscal years beginning after September 30, 1983, $31,000,000 (October 1990 price levels) plus or minus such amounts, if any, as may be required by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein to carry out phase II. Amounts shall be made available pursuant to the authorization contained in this section in sums for individual projects based on findings of feasibility by the Secretary.
(Pub. L. 98–434, § 7, Sept. 28, 1984, 98 Stat. 1677; Pub. L. 102–575, title XXVI, § 2601(3), Oct. 30, 1992, 106 Stat. 4689.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–575 substituted “$31,000,000 (October 1990 price levels) plus or minus such amounts, if any, as may be required by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein” for “$20,000,000 (October 1983 price levels)”.
43 U.S.C. § 390g–7 (PUBLIC LANDS)
§ 390g–7. New spending authority
Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1 of title 2 which is provided under sections 390g to 390g–8 of this title (or under any amendment made by sections 390g to 390g–8 of this title) shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 98–434, § 9, Sept. 28, 1984, 98 Stat. 1677.)
heading: Editorial Notes
heading: References in Text
text: Section 651 of title 2, referred to in text, was amended by Pub. L. 105–33, title X, § 10116(a)(3), (5), Aug. 5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).
43 U.S.C. § 390h–1 (PUBLIC LANDS)
§ 390h–1. Appraisal investigations
(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.
(Pub. L. 102–575, title XVI, § 1603, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 104–266, § 3, Oct. 9, 1996, 110 Stat. 3295.)
heading: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, 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.
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–266 inserted “by the Secretary or the non-Federal project sponsor” after “undertaken” in introductory provisions.
43 U.S.C. § 390h–6 (PUBLIC LANDS)
§ 390h–6. Phoenix metropolitan water reclamation study and program
(a) General authority
The Secretary, in cooperation with the city of Phoenix, Arizona, shall participate in the planning, design, and construction of the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricultural and environmental purposes, groundwater recharge and indirect potable reuse in the Phoenix metropolitan area.
(b) Federal share
The Federal share of the costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.
(Pub. L. 102–575, title XVI, § 1608, Oct. 30, 1992, 106 Stat. 4666; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 106–53, title V, § 596, Aug. 17, 1999, 113 Stat. 384.)
heading: Editorial Notes
heading: Amendments
text: 1999—Subsec. (a). Pub. L. 106–53, § 596(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary, in cooperation with the city of Phoenix, Arizona, shall conduct a feasibility study of the potential for development of facilities to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricultural, and environmental purposes, groundwater recharge and direct potable reuse in the Phoenix metropolitan area, and in cooperation with the city of Phoenix design and construct facilities for environmental purposes, ground water recharge and direct potable reuse.”
Subsec. (b). Pub. L. 106–53, § 596(2), struck out first sentence which read as follows: “The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.”
Subsec. (c). Pub. L. 106–53, § 596(3), struck out subsec. (c) which read as follows: “The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than two years after appropriation of funds authorized by sections 390h to 390h–15 of this title.”
1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
43 U.S.C. § 390h–7 (PUBLIC LANDS)
§ 390h–7. Tucson area water reclamation study
(a) General authority
The Secretary, in cooperation with the State of Arizona and appropriate local and regional entities, shall conduct a feasibility study of comprehensive water reclamation and reuse system for Southern Arizona. For the purpose of this section, the term “Southern Arizona” means those portions of the counties of Pima, Santa Cruz, and Pinal within the Tucson Active Management Hydrologic Area as defined by the Arizona Department of Water Resources.
(b) Federal share
The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.
(c) Report
The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than four years after appropriation of funds authorized by sections 390h to 390h–39 of this title.
(Pub. L. 102–575, title XVI, § 1609, Oct. 30, 1992, 106 Stat. 4666; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
43 U.S.C. § 390h–8 (PUBLIC LANDS)
§ 390h–8. Lake Cheraw water reclamation and reuse study
(a) General authority
The Secretary is authorized, in cooperation with the State of Colorado and appropriate local and regional entities, to conduct a study to assess and develop means of reclaiming the waters of Lake Cheraw, Colorado, or otherwise ameliorating, controlling and mitigating potential negative impacts of pollution in the waters of Lake Cheraw on groundwater resources or the waters of the Arkansas River.
(b) Federal share
The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.
(c) Report
The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than two years after appropriation of funds authorized by sections 390h to 390h–39 of this title.
(Pub. L. 102–575, title XVI, § 1610, Oct. 30, 1992, 106 Stat. 4667; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
43 U.S.C. § 390h–9 (PUBLIC LANDS)
§ 390h–9. San Francisco area water reclamation study
(a) General authority
The Secretary, in cooperation with the city and county of San Francisco, shall conduct a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco area for the purposes of export and reuse elsewhere in California.
(b) Federal share
The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.
(c) Report
The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than five years after appropriation of funds authorized by sections 390h to 390h–39 of this title.
(Pub. L. 102–575, title XVI, § 1611, Oct. 30, 1992, 106 Stat. 4667; Pub. L. 103–437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 104–266, § 6, Oct. 9, 1996, 110 Stat. 3296.)
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–266 substituted “five” for “four”.
1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
43 U.S.C. § 390h–12a (PUBLIC LANDS)
§ 390h–12a. North San Diego County Area Water Recycling Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the North San Diego County Area Water Recycling Project, consisting of projects to reclaim and reuse water within service areas of the San Elijo Joint Powers Authority, the Leucadia County Water District, the City of Carlsbad, and the Olivenhain Municipal Water District, California.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102–575, title XVI, § 1615, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1615 of Pub. L. 102–575 was renumbered section 1631 and is classified to section 390h–13 of this title.
43 U.S.C. § 390h–12b (PUBLIC LANDS)
§ 390h–12b. Calleguas Municipal Water District Recycling Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Calleguas Municipal Water District Recycling Project to reclaim and reuse water in the service area of the Calleguas Municipal Water District in Ventura County, California.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102–575, title XVI, § 1616, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1616 of Pub. L. 102–575 was renumbered section 1632 and is classified to section 390h–14 of this title.
43 U.S.C. § 390h–12c (PUBLIC LANDS)
§ 390h–12c. Central Valley Water Recycling Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Central Valley Water Recycling Project to reclaim and reuse water in the service areas of the Central Valley Reclamation Facility and the Salt Lake County Water Conservancy District in Utah.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102–575, title XVI, § 1617, as added Pub. L. 104–266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1617 of Pub. L. 102–575 was renumbered section 1633 and is classified to section 390h–15 of this title.