2011 US Code
Title 43 - Public Lands
Chapter 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT (§§ 371 - 616yyyy)
Subchapter I - GENERAL PROVISIONS (§§ 371 - 390h-39)
Section 390h-1 - Appraisal investigations

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.

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.

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.

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.)

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.

1996—Subsec. (b). Pub. L. 104–266 inserted “by the Secretary or the non-Federal project sponsor” after “undertaken” in introductory provisions.