US Code

Public Law 119-73 (01/23/2026)

43 U.S.C. § 3202

Water storage, groundwater storage, and conveyance projects

(a)

Eligibility for funding

(1)

Feasibility studies

(A)

In general

section 3201(1) of this titleA feasibility study shall only be eligible for funding under if—
(i)
the feasibility study has been authorized by an Act of Congress before ;
(ii)
43 U.S.C. 390bPublic Law 114–322 Congress has approved funding for the feasibility study in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( note; ) before ; or
(iii)
the feasibility study is authorized under subparagraph (B).
(B)

Feasibility study authorizations

The Secretary may carry out feasibility studies for the following projects:
(i)
The Verde Reservoirs Sediment Mitigation Project in the State of Arizona.
(ii)
The Tualatin River Basin Project in the State of Oregon.
(2)

Construction

section 3201(1) of this titleA project shall only be eligible for construction funding under if—
(A)
an Act of Congress enacted before , authorizes construction of the project;
(B)
43 U.S.C. 390bPublic Law 114–322 Congress has approved funding for construction of the project in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( note; ) before , except for any project for which—
(i)
Congress did not approve the recommendation of the Secretary for funding under subsection (h)(2) of that section for at least 1 fiscal year before ; or
(ii)
State funding for the project was rescinded by the State before ; or
(C)
(i)
Congress has authorized or approved funding for a feasibility study for the project in accordance with clause (i) or (ii) of paragraph (1)(A) (except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible); and
(ii)
on completion of the feasibility study for the project, the Secretary—
(I)
finds the project to be technically and financially feasible in accordance with the reclamation laws;
(II)
determines that sufficient non-Federal funding is available for the non-Federal cost share of the project; and
(III)
(aa)
finds the project to be in the public interest; and
(bb)
recommends the project for construction.
(b)

Cost-sharing requirement

(1)

In general

The Federal share—
(A)
for a project authorized by an Act of Congress shall be determined in accordance with that Act;
(B)
43 U.S.C. 390bPublic Law 114–322 for a project approved by Congress in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( note; ) (including construction resulting from a feasibility study authorized under that Act) shall be as provided in that Act; and
(C)
for a project not described in subparagraph (A) or (B)—
(i)
in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and
(ii)
in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project.
(2)

Federal benefits

Before funding a project under this section, the Secretary shall determine that, in return for the Federal investment in the project, at least a proportionate share of the benefits are Federal benefits.

(3)

Reimbursability

The reimbursability of Federal funding of projects under this section shall be in accordance with the reclamation laws.

(c)

Environmental laws

42 U.S.C. 4321In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( et seq.).

Pub. L. 117–58, div. D, title IX, § 40902135 Stat. 1118(, , .)

Editorial Notes

References in Text

Pub. L. 114–322130 Stat. 1628section 2201 of Title 33The Water Infrastructure Improvements for the Nation Act, referred to in subsec. (b)(1)(B), is , , , also known as the WIIN Act. For complete classification of this Act to the Code, see Short Title note set out under , Navigation and Navigable Waters, and Tables.

Pub. L. 91–19083 Stat. 852section 4321 of Title 42The National Environmental Policy Act of 1969, referred to in subsec. (c), is , , , 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 and Tables.

Statutory Notes and Related Subsidiaries

Wage Rate Requirements

Pub. L. 117–58section 18851 of Title 42For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of , including authority of Secretary of Labor, see , The Public Health and Welfare.