§ 2223. — Plan elements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC2223]
TITLE 43--PUBLIC LANDS
CHAPTER 40--RECLAMATION STATES EMERGENCY DROUGHT RELIEF
SUBCHAPTER II--DROUGHT CONTINGENCY PLANNING
Sec. 2223. Plan elements
(a) Plan provisions
Elements of the contingency plans prepared pursuant to section 2222
of this title may include, but are not limited to, any or all of the
following:
(1) Water banks.
(2) Appropriate water conservation actions.
(3) Water transfers to serve users inside or outside authorized
Federal Reclamation project service areas in order to mitigate the
effects of drought.
(4) Use of Federal Reclamation project facilities to store and
convey nonproject water for agricultural, municipal and industrial,
fish and wildlife, or other uses both inside and outside an
authorized Federal Reclamation project service area.
(5) Use of water from dead or inactive reservoir storage or
increased use of ground water resources for temporary water
supplies.
(6) Water supplies for fish and wildlife resources.
(7) Minor structural actions.
(b) Federal Reclamation projects
Each contingency plan shall identify the following two types of plan
elements related to Federal Reclamation projects:
(1) Those plan elements which pertain exclusively to the
responsibilities and obligations of the Secretary pursuant to
Federal Reclamation law and the responsibilities and obligations of
the Secretary for a specific Federal Reclamation project.
(2) Those plan elements that pertain to projects, purposes, or
activities not constructed, financed, or otherwise governed by the
Federal Reclamation law.
(c) Drought levels
The Secretary is authorized to work with other Federal and State
agencies to improve hydrologic data collection systems and water supply
forecasting techniques to provide more accurate and timely warning of
potential drought conditions and drought levels that would trigger the
implementation of contingency plans.
(d) Compliance with law
The contingency plans and plan elements shall comply with all
requirements of applicable Federal law, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321), section 2265(a) of
title 33, and the Fish and Wildlife Coordination Act [16 U.S.C. 661 et
seq.], and shall be in accordance with applicable State law.
(e) Review
The contingency plans shall include provisions for periodic review
to assure the adequacy of the contingency plan to respond to current
conditions, and such plans may be modified accordingly.
(Pub. L. 102-250, title II, Sec. 203, Mar. 5, 1992, 106 Stat. 57.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 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.
The Fish and Wildlife Coordination Act, referred to in subsec. (d),
is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which is
classified generally to sections 661 to 666c of Title 16, Conservation.
For complete classification of this Act to the Code, see Short Title
note set out under section 661 of Title 16 and Tables.
