--- kind: "section" citation: "43 U.S.C. § 2401" title: "43" title_heading: "Public Lands" number: "2401" heading: "Definitions" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/43/2401" units: - "Chapter 42 — Rural Water Supply" - "Subchapter I — Reclamation Rural Water Supply" --- # §2401. Definitions 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](#10) 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](/usc/43/371.md) et seq.). - (3) **Indian—** The term “Indian” means an individual who is a member of an [Indian tribe](#4). - (4) **Indian tribe—** The term “Indian tribe” has the meaning given the term in [section 5304 of title 25](/usc/25/5304.md). - (5) **Non-Federal project entity—** The term “non-Federal project entity” means a [State](/usc/43/31b.md?p=8), regional, or local authority, [Indian tribe](#4) or [tribal organization](#11), or other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or [association](/usc/43/31b.md?p=2). - (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](#9-A) 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](#6-A)” includes— - (i) repairs of a routine nature that maintain a [rural water supply project](#9-A) 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](#6-A)” does not include [construction](#1) costs. - (7) **Program—** The term “Program” means the rural water supply program carried out under [section 2402 of this title](/usc/43/2402.md). - (8) **Reclamation States—** The term “Reclamation States” means the [States](/usc/43/31b.md?p=8) and areas referred to in the first section of the Act of June 17, 1902 ([43 U.S.C. 391](/usc/43/391.md)). - (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](#4) and [tribal organizations](#11), dispersed homesites, or rural areas with domestic, industrial, municipal, and residential water. - (B) **Inclusion—** The term “[rural water supply project](#9-A)” includes— - (i) incidental noncommercial livestock watering and noncommercial irrigation of vegetation and small gardens of less than 1 acre; and - (ii) a project to improve rural water infrastructure, including— - (I) pumps, pipes, wells, and other diversions; - (II) storage tanks and small impoundments; - (III) water treatment facilities for potable water supplies, including desalination facilities; - (IV) equipment and management tools for water conservation, groundwater recovery, and water recycling; and - (V) appurtenances. - (C) **Exclusion—** The term “[rural water supply project](#9-A)” does not include— - (i) commercial irrigation; or - (ii) major impoundment structures. - (10) **Secretary—** The term “Secretary” means the Secretary of the Interior. - (11) **Tribal organization—** The term “tribal organization” means— - (A) the recognized governing body of an [Indian tribe](#4); and - (B) any legally established organization of [Indians](#3) that is controlled, sanctioned, or chartered by the governing body or democratically elected by the adult members of the [Indian](#3) community to be served by the organization. ## Source credit (Pub. L. 109–451, title I, § 102, Dec. 22, 2006, 120 Stat. 3346.) ## Notes ### Editorial Notes ### References in Text Act of June 17, 1902 (32 Stat. 388, chapter 1093), referred to in par. (2), is popularly known as the Reclamation Act and is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. ### Statutory Notes and Related Subsidiaries ### Short Title Pub. L. 109–451, § 1(a), Dec. 22, 2006, 120 Stat. 3345, provided that: “This Act [enacting this chapter] may be cited as the ‘Rural Water Supply Act of 2006’.” Pub. L. 109–451, title I, § 101, Dec. 22, 2006, 120 Stat. 3346, provided that: “This title [enacting this subchapter] may be cited as the ‘Reclamation Rural Water Supply Act of 2006’.” Pub. L. 109–451, title II, § 201, Dec. 22, 2006, 120 Stat. 3356, provided that: “This title [enacting subchapter II of this chapter] may be cited as the ‘Twenty-First Century Water Works Act’.”