Title 42 — The Public Health and Welfare
Chapter 109B — Secure Water
§ 10362. Definitions
Statutory text
In this chapter:
Administrator
The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
Advisory Committee
The term “Advisory Committee” means the National Advisory Committee on Water Information established—
under the Office of Management and Budget Circular 92–01; and
to coordinate water data collection activities.
Assessment program
The term “assessment program” means the water availability and use assessment program established by the Secretary under section 10368(a) of this title.
Climate division
The term “climate division” means 1 of the 359 divisions in the United States that represents 2 or more regions located within a State that are as climatically homogeneous as possible, as determined by the Administrator.
Commissioner
The term “Commissioner” means the Commissioner of Reclamation.
Director
The term “Director” means the Director of the United States Geological Survey.
Eligible applicant
The term “eligible applicant” means—
any State, Indian tribe, irrigation district, or water district;
any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority;
any other organization with water or power delivery authority; and
any nonprofit conservation organization, if—
the nonprofit conservation organization is acting in partnership with and with the agreement of an entity described in subparagraph (A), (B), or (C); or
in the case of an application for a project to improve the condition of a natural feature or nature-based feature on Federal land, the entities described in subparagraph (A), (B), or (C) from the applicable service area have been notified of the project application and there is no written objection to the project.
Federal Power Marketing Administration
The term “Federal Power Marketing Administration” means—
the Bonneville Power Administration;
the Southeastern Power Administration;
the Southwestern Power Administration; and
the Western Area Power Administration.
Hydrologic accounting unit
The term “hydrologic accounting unit” means 1 of the 352 river basin hydrologic accounting units used by the United States Geological Survey.
Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
Major aquifer system
The term “major aquifer system” means a groundwater system that is—
identified as a significant groundwater system by the Director; and
included in the Groundwater Atlas of the United States, published by the United States Geological Survey.
Major reclamation river basin
In general
The term “major reclamation river basin” means each major river system (including tributaries)—
that is located in a service area of the Bureau of Reclamation; and
at which is located a federally authorized project of the Bureau of Reclamation.
Inclusions
The term “major reclamation river basin” includes—
the Colorado River;
the Columbia River;
the Klamath River;
the Missouri River;
the Rio Grande;
the Sacramento River;
the San Joaquin River; and
the Truckee River.
Natural feature
The term “natural feature” means a feature that is created through the action of physical, geological, biological, and chemical processes over time.
Nature-based feature
The term “nature-based feature” means a feature that is created by human design, engineering, and construction to provide a means to reduce water supply and demand imbalances or drought or flood risk by acting in concert with natural processes.
Non-Federal participant
The term “non-Federal participant” means—
a State, regional, or local authority;
an Indian tribe or tribal organization; or
any other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association, or a nongovernmental organization.
Panel
The term “panel” means the climate change and water intragovernmental panel established by the Secretary under section 10366(a) of this title.
Program
The term “program” means the regional integrated sciences and assessments program—
established by the Administrator; and
that is comprised of 8 regional programs that use advances in integrated climate sciences to assist decisionmaking processes.
Secretary
In general
Except as provided in subparagraph (B), the term “Secretary” means the Secretary of the Interior.
Exceptions
The term “Secretary” means—
in the case of sections 10363, 10364, and 10369 of this title, the Secretary of the Interior (acting through the Commissioner); and
in the case of sections 10367 and 10368 of this title, the Secretary of the Interior (acting through the Director).
Service area
The term “service area” means any area that encompasses a watershed that contains a federally authorized reclamation project that is located in any State or area described in section 391 of title 43.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Omnibus Public Land Management Act of 2009
Pub. L. 111–11 title IX § 9502 · 123 Stat. 991
Enacted · 42 U.S.C. § 10362
Pub. L. 111–11, title IX, § 9502, Mar. 30, 2009, 123 Stat. 1330
Source evidence
Code source credit
Pub. L. 111–11, title IX, § 9502, Mar. 30, 2009, 123 Stat. 1330Enacted provision · exact public law section
SEC. 9502. DEFINITIONS. In this section: (1) Administrator.— The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration. (2) Advisory committee.— The term “Advisory Committee” means the National Advisory Committee on Water Information established— (A) under the Office of Management and Budget Circular 92–01; and (B) to coordinate water data collection activities. (3) Assessment program.— The term “assessment program” means the water availability and use assessment program established by the Secretary under section 9508(a). (4) Climate division.— The term “climate division” means 1 of the 359 divisions in the United States that represents 2 or more regions located within a State that are as climatically homogeneous as possible, as determined by the Administrator. (5) Commissioner.— The term “Commissioner” means the Commissioner of Reclamation. (6) Director.— The term “Director” means the Director of the United States Geological Survey. (7) Eligible applicant.— The term “eligible applicant” means any State, Indian tribe, irrigation district, water district, or other organization with water or power delivery authority. (8) Federal power marketing administration.— The term “Federal Power Marketing Administration” means— (A) the Bonneville Power Administration; (B) the Southeastern Power Administration; (C) the Southwestern Power Administration; and (D) the Western Area Power Administration. (9) Hydrologic accounting unit.— The term “hydrologic accounting unit” means 1 of the 352 river basin hydrologic accounting units used by the United States Geological Survey. (10) Indian tribe.— The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (11) Major aquifer system.— The term “major aquifer system” means a groundwater system that is— (A) identified as a significant groundwater system by the Director; and (B) included in the Groundwater Atlas of the United States, published by the United States Geological Survey. (12) Major reclamation river basin.— (A) In general.— The term “major reclamation river basin” means each major river system (including tributaries)— (i) that is located in a service area of the Bureau of Reclamation; and (ii) at which is located a federally authorized project of the Bureau of Reclamation. (B) Inclusions.— The term “major reclamation river basin” includes— (i) the Colorado River; (ii) the Columbia River; (iii) the Klamath River; (iv) the Missouri River; (v) the Rio Grande; (vi) the Sacramento River; (vii) the San Joaquin River; and (viii) the Truckee River. (13) Non-federal participant.— The term “non-Federal participant” means— (A) a State, regional, or local authority; (B) an Indian tribe or tribal organization; or (C) any other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association, or a nongovernmental organization. (14) Panel.— The term “panel” means the climate change and water intragovernmental panel established by the Secretary under section 9506(a). (15) Program.— The term “program” means the regional integrated sciences and assessments program— (A) established by the Administrator; and (B) that is comprised of 8 regional programs that use advances in integrated climate sciences to assist decisionmaking processes. (16) Secretary.— (A) In general.— Except as provided in subparagraph (B), the term “Secretary” means the Secretary of the Interior. (B) Exceptions.— The term “Secretary” means— (i) in the case of sections 9503, 9504, and 9509, the Secretary of the Interior (acting through the Commissioner); and (ii) in the case of sections 9507 and 9508, the Secretary of the Interior (acting through the Director). (17) Service area.— The term “service area” means any area that encompasses a watershed that contains a federally authorized reclamation project that is located in any State or area described in the first section of the Act of June 17, 1902 (43 U.S.C. 391).Consolidated Appropriations Act, 2021
Pub. L. 116–260 § 1106(a)(1) · 134 Stat. 1182
Substituted · 42 U.S.C. § 10362
Pub. L. 116–260, § 1106(a)(1), substituted “chapter” for “section” in introductory provisions
Source evidence
Code amendment note
Pub. L. 116–260, § 1106(a)(1), substituted “chapter” for “section” in introductory provisions.Enacted provision · exact public law section
(1) in the matter preceding paragraph (1), by striking “section” and inserting “subtitle”;Consolidated Appropriations Act, 2021
Pub. L. 116–260 § 1106(a)(2) · 134 Stat. 1182
Added · 42 U.S.C. § 10362(7)
Pub. L. 116–260, § 1106(a)(2), added par. (7)
Struck · 42 U.S.C. § 10362(7)
Pub. L. 116–260, § 1106(a)(2), struck out former par. (7). Prior to amendment, text read as follows: “The term ‘eligible applicant’ means any State, Indian tribe, irrigation district, water district, or other organization with water or power delivery authority.”
Source evidence
Code amendment note
Par. (7). Pub. L. 116–260, § 1106(a)(2), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “The term ‘eligible applicant’ means any State, Indian tribe, irrigation district, water district, or other organization with water or power delivery authority.”Enacted provision · exact public law section
(2) by striking paragraph (7) and inserting the following: “(7) Eligible applicant.— The term ‘eligible applicant’ means— “(A) any State, Indian tribe, irrigation district, or water district; “(B) any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; “(C) any other organization with water or power delivery authority; and “(D) any nonprofit conservation organization, if— “(i) the nonprofit conservation organization is acting in partnership with and with the agreement of an entity described in subparagraph (A), (B), or (C); or “(ii) in the case of an application for a project to improve the condition of a natural feature or nature-based feature on Federal land, the entities described in subparagraph (A), (B), or (C) from the applicable service area have been notified of the project application and there is no written objection to the project.” ;Consolidated Appropriations Act, 2021
Pub. L. 116–260 § 1106(a)(3) · 134 Stat. 1182
Changed · 42 U.S.C. § 10362(10)
Pub. L. 116–260, § 1106(a)(3), made technical amendment to reference in original act which appears in text as a reference to section 5304 of title 25
Source evidence
Code amendment note
Par. (10). Pub. L. 116–260, § 1106(a)(3), made technical amendment to reference in original act which appears in text as a reference to section 5304 of title 25.Enacted provision · exact public law section
(3) in paragraph (10), by striking “450b” and inserting “5304”;Consolidated Appropriations Act, 2021
Pub. L. 116–260 § 1106(a)(4) · 134 Stat. 1182
Added · 42 U.S.C. § 10362(13)(19)
Pub. L. 116–260, § 1106(a)(4), (5), added pars. (13) and (14)
Redesignated · 42 U.S.C. § 10362(13)(19)
Pub. L. 116–260, § 1106(a)(4), (5), redesignated former pars. (13) to (17) as (15) to (19), respectively
Source evidence
Code amendment note
Pars. (13) to (19). Pub. L. 116–260, § 1106(a)(4), (5), added pars. (13) and (14) and redesignated former pars. (13) to (17) as (15) to (19), respectively.Enacted provision · exact public law section
(4) by redesignating paragraphs (13) through (17) as paragraphs (15) through (19), respectively; and
7 of 7 references resolved to an enrolled provision
Editorial Notes
Amendments
2020—Pub. L. 116–260, § 1106(a)(1), substituted “chapter” for “section” in introductory provisions.
Par. (7). Pub. L. 116–260, § 1106(a)(2), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “The term ‘eligible applicant’ means any State, Indian tribe, irrigation district, water district, or other organization with water or power delivery authority.”
Par. (10). Pub. L. 116–260, § 1106(a)(3), made technical amendment to reference in original act which appears in text as a reference to section 5304 of title 25.
Pars. (13) to (19). Pub. L. 116–260, § 1106(a)(4), (5), added pars. (13) and (14) and redesignated former pars. (13) to (17) as (15) to (19), respectively.
Credits
2009–2020 · 2 acts
- 2009Pub. L. 111–11, title IX, § 9502, , 123 Stat. 1330
- 2020Pub. L. 116–260, div. FF, title XI, § 1106(a), , 134 Stat. 3240.
Show as published
(Pub. L. 111–11, title IX, § 9502, , 123 Stat. 1330; Pub. L. 116–260, div. FF, title XI, § 1106(a), , 134 Stat. 3240.)