43 U.S.C. § 3208 — Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects
submitted 5 years ago by Pub. L. 117-58 to r/title-43-PUBLIC-LANDS · 263 words · no verdicts yet
This section governs federal assistance for groundwater recharge, aquifer storage, and water source substitution projects. It sets the duties, permissions, limits, procedures, reports, or funding rules stated in the section.
(a) At the request of and in coordination with affected Tribes, States (including their subdivisions and departments), or State-law public agencies, the Secretary may provide technical or financial help, participate, and make agreements (including with irrigation entities) for (1) groundwater recharge, (2) aquifer storage and recovery, or (3) substituting water sources to protect aquifers. (b) This section does not authorize extra help or participation in an agreement for a surface-water storage facility to be built or expanded. (c) A construction project qualifies for financial help only if it meets section 3202(a)(2)(C)(ii)'s funding conditions. (d) Cost sharing follows section 3202(b). (e) Funding must comply with applicable environmental law, including (1) the National Environmental Policy Act of 1969, (2) fish, wildlife, and water-quality duties in Federal or State permits or licenses, and (3) applicable Federal or State laws and regulations. (f) A project estimated to cost at least $500,000,000 qualifies for construction funding only if an Act of Congress authorizes its construction.
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—
groundwater recharge projects;
aquifer storage and recovery projects; or
water source substitution for aquifer protection projects.
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.
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.
Cost sharing for a project funded under this section shall be in accordance with section 3202(b) of this title.
In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including —
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
any obligations for fish, wildlife, or water quality protection in permits or licenses granted by a Federal agency or a State; and
any applicable Federal or State laws (including regulations).
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.
Source credit: (Pub. L. 117–58, div. D, title IX, § 40910, Nov. 15, 2021, 135 Stat. 1126.)
- 2021Enacted · Pub. L. 117-58 · 135 Stat. 1126
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.
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