43 U.S.C. § 2402 — Rural water supply program

(a) In general The Secretary^*, in cooperation with non-Federal project entities and consistent with this subchapter, may carry out a rural water supply program^* in Reclamation States^* to— (1) investigate and identify opportunities to ensure safe and adequate rural water supply projects for domestic, municipal, and industrial use in small communities and rural areas of the Reclamation States; (2) plan the design and construction^*, through the conduct of appraisal investigations and feasibility studies, of rural water supply projects in Reclamation States; and (3) oversee, as appropriate, the construction of rural water supply projects in Reclamation States that are recommended by the Secretary in a feasibility report developed pursuant to section 2405 of this title and subsequently authorized by Congress. (b) Non-Federal project entity^* Any activity carried out under this subchapter shall be carried out in cooperation with a qualifying non-Federal project entity, consistent with this subchapter. (c) Eligibility criteria Not later than 1 year after December 22, 2006 , the Secretary shall, consistent with this subchapter, develop and publish in the Federal Register criteria for— (1) determining the eligibility of a rural community for assistance under the Program; and (2) prioritizing requests for assistance under the Program. (d) Factors The criteria developed under subsection (c) shall take into account such factors as whether— (1) a rural water supply project^*— (A) serves— (i) rural areas and small communities; or (ii) Indian^* tribes; or (B) promotes and applies a regional or watershed perspective to water resources management; (2) there is an urgent and compelling need for a rural water supply project that would— (A) improve the health or aesthetic quality of water; (B) result in continuous, measurable, and significant water quality benefits; or (C) address current or future water supply needs; (3) a rural water supply project helps meet applicable requirements established by law; and (4) a rural water supply project is cost effective. (e) Inclusions The Secretary may include— (1) to the extent that connection provides a reliable water supply, a connection to pre-existing infrastructure (including impoundments and conveyance channels) as part of a rural water supply project; and (2) notwithstanding the limitation on population under section 2401(9)(A) of this title , a town or community with a population in excess of 50,000 inhabitants in an area served by a rural water supply project if, at the discretion of the Secretary, the town or community is considered to be a critical partner in the rural supply project.