§ 2402. Rural water supply program

• (a) The Secretary, in cooperation with non-Federal project entities and consistent with this subchapter, may carry out a rural water supply program in Reclamation States to—
  • (1) investigate and identify opportunities to ensure safe and adequate rural water supply projects for domestic, municipal, and industrial use in small communities and rural areas of the Reclamation States;
  • (2) plan the design and construction, through the conduct of appraisal investigations and feasibility studies, of rural water supply projects in Reclamation States; and
  • (3) oversee, as appropriate, the construction of rural water supply projects in Reclamation States that are recommended by the Secretary in a feasibility report developed pursuant to section 2405 of this title and subsequently authorized by Congress.
• (b) Any activity carried out under this subchapter shall be carried out in cooperation with a qualifying non-Federal project entity, consistent with this subchapter.
• (c) Not later than 1 year after December 22, 2006 , the Secretary shall, consistent with this subchapter, develop and publish in the Federal Register criteria for—
  • (1) determining the eligibility of a rural community for assistance under the Program; and
  • (2) prioritizing requests for assistance under the Program.
• (d) The criteria developed under subsection (c) shall take into account such factors as whether—
  • (1) a rural water supply project—
    • (A) serves—
      • (i) rural areas and small communities; or
      • (ii) Indian tribes; or
    • (B) promotes and applies a regional or watershed perspective to water resources management;
  • (2) there is an urgent and compelling need for a rural water supply project that would—
    • (A) improve the health or aesthetic quality of water;
    • (B) result in continuous, measurable, and significant water quality benefits; or
    • (C) address current or future water supply needs;
  • (3) a rural water supply project helps meet applicable requirements established by law; and
  • (4) a rural water supply project is cost effective.
• (e) The Secretary may include—
  • (1) to the extent that connection provides a reliable water supply, a connection to pre-existing infrastructure (including impoundments and conveyance channels) as part of a rural water supply project; and
  • (2) notwithstanding the limitation on population under section 2401(9)(A) of this title , a town or community with a population in excess of 50,000 inhabitants in an area served by a rural water supply project if, at the discretion of the Secretary, the town or community is considered to be a critical partner in the rural supply project.