43 U.S.C. § 2401 Definitions

LibraryUnited States Statutes
CurrencyCurrent through P.L. 118-30 (published on www.congress.gov on 12/21/2023)
Citation43 U.S.C. § 2401

In this subchapter:

(1) Construction

The term "construction" means the installation of infrastructure and the upgrading of existing facilities in locations in which the infrastructure or facilities are associated with the new infrastructure of a rural water project recommended by the Secretary pursuant to this subchapter.

(2) Federal reclamation law

The term "Federal reclamation law" means the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq.).

(3) Indian

The term "Indian" means an individual who is a member of an Indian tribe.

(4) Indian tribe

The term "Indian tribe" has the meaning given the term in section 5304 of title 25.

(5) Non-Federal project entity

The term "non-Federal project entity" means a State, regional, or local authority, Indian tribe or tribal organization, or other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association.

(6) Operations, maintenance, and replacement costs

(A) In general

The term "operations, maintenance, and replacement costs" means all costs for the operation of a rural water supply project that are necessary for the safe, efficient, and continued functioning of the project to produce the benefits described in a feasibility study.

(B) Inclusions

The term "operations, maintenance, and replacement costs" includes-

(i) repairs of a routine nature that maintain a rural water supply project in a well kept condition;

(ii) replacement of worn-out project elements; and

(iii) rehabilitation activities necessary to bring a deteriorated project back to the original condition of the project.

(C) Exclusion

The term "operations, maintenance, and replacement costs" does not include construction costs.

(7) Program

The term "Program" means the rural water supply program carried out under section 2402 of this title.

(8) Reclamation States

The term "Reclamation States" means the States and areas referred to in the first section of the Act of June 17, 1902 ( 43 U.S.C. 391 ).

(9) Rural water supply project

(A) In general

The term "rural water supply project" means a project that is designed to serve a community or group of communities, each of which has a population of not more than 50,000 inhabitants, which may include Indian tribes and tribal organizations, dispersed homesites, or rural areas with domestic, industrial, municipal, and residential water.

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