---
kind: "section"
citation: "43 U.S.C. § 390h–1"
title: "43"
title_heading: "Public Lands"
number: "390h–1"
heading: "Appraisal investigations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/390h-1"
units:
  - "Chapter 12 — Reclamation and Irrigation of Lands by Federal Government"
  - "Subchapter I — General Provisions"
---

# §390h–1. Appraisal investigations

- (a) **Purposes; recommendations—** The [Secretary](/usc/43/31b.md?p=7) shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) and regulations issued to implement the provisions thereof, and shall include recommendations as to the preparation of a feasibility study of the potential reclamation and reuse measures.
- (b) **Matters to be considered—** Appraisal investigations undertaken by the [Secretary](/usc/43/31b.md?p=7) or the non-Federal project sponsor pursuant to sections [390h](/usc/43/390h.md) to [390h–39](/usc/43/390h–39.md) of this title shall consider, among other things—
  - (1) all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation;
  - (2) the current status of water reclamation technology and opportunities for development of improved technologies;
  - (3) measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing;
  - (4) measures to coordinate and streamline local, [State](/usc/43/31b.md?p=8) and Federal permitting procedures required for the implementation of [reclamation projects](/usc/43/373c.md?p=2); and
  - (5) measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner.
- (c) **Consultation and cooperation—** The [Secretary](/usc/43/31b.md?p=7) shall consult and cooperate with appropriate [State](/usc/43/31b.md?p=8), regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to sections [390h](/usc/43/390h.md) to [390h–39](/usc/43/390h–39.md) of this title.
- (d) **Nonreimbursable costs—** Costs of such appraisal investigations shall be nonreimbursable.

## Source credit

(Pub. L. 102–575, title XVI, § 1603, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 104–266, § 3, Oct. 9, 1996, 110 Stat. 3295.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, 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 section 4321 of Title 42 and Tables.

### Amendments

1996—Subsec. (b). Pub. L. 104–266 inserted “by the Secretary or the non-Federal project sponsor” after “undertaken” in introductory provisions.