§ 390h-2. — Feasibility studies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390h-2]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 390h-2. Feasibility studies
(a) General authority; Federal and non-Federal cost shares
The Secretary is authorized to participate with appropriate Federal,
State, regional, and local authorities in studies to determine the
feasibility of water reclamation and reuse projects recommended for such
study pursuant to section 390h-1 of this title. The Federal share of the
costs of such feasibility studies shall not exceed 50 per centum of the
total, except that the Secretary may increase the Federal share of the
costs of such feasibility study if the Secretary determines, based upon
a demonstration of financial hardship on the part of the non-Federal
participant, that the non-Federal participant is unable to contribute at
least 50 per centum of the costs of such study. The Secretary may accept
as part of the non-Federal cost share the contribution of such in-kind
services by the non-Federal participant that the Secretary determines
will contribute substantially toward the conduct and completion of the
study.
(b) Federal share considered project costs; reimbursement
The Federal share of feasibility studies, including those described
in sections 390h-4 and 390h-6 through 390h-8 of this title, shall be
considered as project costs and shall be reimbursed in accordance with
the Federal reclamation laws, if the project studied is implemented.
(c) Matters to be considered
In addition to the requirements of other Federal laws, feasibility
studies conducted by the Secretary or the non-Federal project sponsor
under sections 390h to 390h-17 of this title shall consider, among other
things--
(1) near- and long-term water demand and supplies in the study
area;
(2) all potential uses for reclaimed water;
(3) at least two alternative measures or technologies available
for water reclamation, distribution, and reuse for the project under
consideration;
(4) public health and environmental quality issues associated
with use of reclaimed water;
(5) whether development of the water reclamation and reuse
measures under study would--
(A) reduce, postpone, or eliminate development of new or
expanded water supplies,
(B) reduce or eliminate the use of existing diversions from
natural watercourses or withdrawals from aquifers, or
(C) reduce the demand on existing Federal water supply
facilities;
(6) the market or dedicated use for reclaimed water in the
project's service area; and
(7) the financial capability of the non-Federal project sponsor
to fund its proportionate share of the project's construction costs
on an annual basis.
(Pub. L. 102-575, title XVI, Sec. 1604, Oct. 30, 1992, 106 Stat. 4665;
Pub. L. 104-266, Sec. 4, Oct. 9, 1996, 110 Stat. 3295.)
References in Text
The Federal reclamation laws, referred to in subsec. (b), are
defined in section 390h(a) of this title.
Amendments
1996--Subsec. (c). Pub. L. 104-266, Sec. 4(1), substituted
``conducted by the Secretary or the non-Federal project sponsor'' for
``authorized'' in introductory provisions.
Subsec. (c)(3). Pub. L. 104-266, Sec. 4(2), substituted ``at least
two alternative measures or technologies available for water
reclamation, distribution, and reuse for the project under
consideration'' for ``measures and technologies available for water
reclamation, distribution, and reuse''.
Subsec. (c)(5)(C). Pub. L. 104-266, Sec. 4(4), added subpar. (C).
Subsec. (c)(6), (7). Pub. L. 104-266, Sec. 4(3), (5), added pars.
(6) and (7).
Section Referred to in Other Sections
This section is referred to in section 390h-13 of this title.
