Sec. 2. Definitions
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In this Act: The term annual report means a report required under section 102(a). The term authorized project means a storage project authorized by an Act of Congress, including through an applicable standing authorization under section 5B of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 509b ) or any other applicable law. The term authorizing committees of Congress means— the Committee on Energy and Natural Resources of the Senate; and the Committee on Natural Resources of the House of Representatives.
The terms design and study include any design, permitting, study (including a feasibility study), materials engineering or testing, surveying, or preconstruction activity relating to a water storage facility. The terms design and study do not include an appraisal study or other preliminary review intended to determine whether further study is appropriate. The term disadvantaged community means a low-income community (as defined in section 45D(e) of the Internal Revenue Code of 1986).
The term eligible desalination project has the meaning given the term in paragraph
(2)of section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) (as amended by section 104(a)). The term eligible entity means— any State, political subdivision of a State, department of a State, or public agency organized pursuant to State law; an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or an entity controlled by an Indian Tribe; a water users’ association; an agency established by an interstate compact; and an agency established under State law for the joint exercise of powers. The term Federal benefit , with respect to a non-Federal storage project, water recycling project, or eligible desalination project, means— public benefits provided directly by a project; public benefits that— are— fish and wildlife benefits described in paragraph (12)(A)(i); or water quality benefits; are provided by the implementation of a watershed restoration plan approved with the project; and represent an increased Federal commitment in the watershed as compared to Federal commitments before the date of approval of the project; benefits to a watershed from a water recycling project or eligible desalination project; or water supply benefits identified in accordance with the reclamation laws. The term Federal storage project means any project constructed by the Bureau of Reclamation— that involves the construction or expansion of— a surface water storage facility; or a facility conveying water to or from surface or groundwater storage; and to which the United States holds or will hold title. The term natural water retention and release project means a non-Federal storage project designed and developed to increase water availability for optimal management through aquifer recharge, floodplain retention, the alteration of the timing of runoff to allow increased utilization of existing storage facilities, or another mechanism that— uses primarily natural materials appropriate to the specific site and landscape setting; and substantially mimics natural riverine, wetland, ecosystem, or hydrologic processes. The term natural water retention and release project includes— a single natural water retention and release project; several distributed natural water retention and release projects across a watershed; and the redesign, modification, or replacement of existing infrastructure to incorporate natural water retention and release elements. The term non-Federal storage project means any project in a Reclamation State that— involves the construction, expansion, or repair by an eligible entity of— a surface or groundwater storage project that is not federally owned; a facility that is not federally owned conveying water to or from surface or groundwater storage; or a natural water retention and release project; and provides a benefit in meeting any obligation under applicable Federal law (including regulations). The term public benefit , with respect to a non-Federal storage project or extraordinary operation and maintenance work, means— fish and wildlife benefits— that are in excess of express mitigation and environmental compliance obligations under applicable Federal and State law, including regulations, permits, contracts, licenses, grants, or orders or decisions from Federal and State courts, in effect on the date on which amounts are made available for the applicable project under this Act; and including incremental level 4 flows for managed land entitled to receive level 2 refuge water; flood control benefits; recreational benefits; water quality benefits that are in excess of the obligations described in clause (i)(I) of subparagraph (A); and any other benefits that are nonreimbursable under the reclamation laws; drinking water supply for disadvantaged communities, including through groundwater recharge, the benefits of which are in excess of the obligations described in clause (i)(I) of subparagraph (A); emergency drinking water supply used in response to a disaster declaration by a Governor; and energy savings benefits, including— the value of associated greenhouse gas reductions; and any reduction in energy costs for Federal taxpayers, such as reduced water delivery costs for water providing fish and wildlife benefits. The term qualified partner means a nonprofit organization operating in a Reclamation State that is acting with the written support of an eligible entity. The term reclamation laws means Federal reclamation law (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. )). The term Reclamation State has the meaning given the term in section 4014 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ). The term Secretary means the Secretary of the Interior. The term storage project means a Federal storage project or a non-Federal storage project. The term water recycling project means a project provided a grant under section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(f) ). The term watershed includes— an entire watershed; or any portion of a watershed, including the upper or lower reaches of the watershed. The term watershed restoration plan means a plan approved by the Secretary that would provide benefits to the affected watershed from a non-Federal storage project and other projects and activities, including— restoration of fish and wildlife habitat or flows; or water quality benefits; and water supply benefits.
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U.S. Code
- Additional project benefits through the construction of new or supplementary works§ 509b
- Congressional findings and declarations§ 10301
- Definitions§ 5304
- Definitions§ 371
- Development of water supplies for domestic, municipal, industrial, and other purposes§ 390b
- Program to investigate reclamation and reuse of wastewater and groundwater; general authority§ 390h
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- Pub. L. 104-298
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Sec. 2
Definitions
Pub. L.Pub. L. 104-298
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