Federal · Title 42 — Public Health and Welfare
42 U.S.C. § 1962: Congressional statement of policy
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In order to meet the rapidly expanding demands for water throughout the Nation, it is hereby declared to be the policy of the Congress to encourage the conservation, development, and utilization of water and related land resources of the United States on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprise with the cooperation of all affected Federal agencies, States, local governments, individuals, corporations, business enterprises, and others concerned. Not later than 180 days after the date of enactment of this Act [ Nov. 15, 2021 ], the Administrator [of the Environmental Protection Agency] shall establish a Water Reuse Interagency Working Group (referred to in this section as the ‘Working Group’). The purpose of the Working Group is to develop and coordinate actions, tools, and resources to advance water reuse across the United States, including through the implementation of the February 2020 National Water Reuse Action Plan, which creates opportunities for water reuse in the mission areas of each of the Federal agencies included in the Working Group under subsection (c) (referred to in this section as the ‘Action Plan’). chaired by the Administrator; and comprised of senior representatives from such Federal agencies as the Administrator determines to be appropriate. with respect to water reuse, leverage the expertise of industry, the research community, nongovernmental organizations, and government; seek to foster water reuse as an important component of integrated water resources management; conduct an assessment of new opportunities to advance water reuse and annually update the Action Plan with new actions, as necessary, to pursue those opportunities; seek to coordinate Federal programs and policies to support the adoption of water reuse; consider how each Federal agency can explore and identify opportunities to support water reuse through the programs and activities of that Federal agency; and consult, on a regular basis, with representatives of relevant industries, the research community, and nongovernmental organizations. Not less frequently than once every 2 years, the Administrator shall submit to Congress a report on the activities and findings of the Working Group. Subject to paragraph (2), the Working Group shall terminate on the date that is 6 years after the date of enactment of this Act. The Administrator may extend the date of termination of the Working Group under paragraph (1).” “This Act may be cited as the ‘United States-Mexico Transboundary Aquifer Assessment Act’. “The purpose of this Act is to direct the Secretary of the Interior to establish a United States-Mexico transboundary aquifer assessment program to systematically assess priority transboundary aquifers. The term ‘aquifer’ means a subsurface water-bearing geologic formation from which significant quantities of water may be extracted. The term ‘IBWC’ means the International Boundary and Water Commission, an agency of the Department of State. that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and the reservation of which includes a transboundary aquifer within the exterior boundaries of the reservation. The term ‘Participating State’ means each of the States of Arizona, New Mexico, and Texas. The term ‘priority transboundary aquifer’ means a transboundary aquifer that has been designated for study and analysis under the program. The term ‘program’ means the United States-Mexico transboundary aquifer assessment program established under section 4(a). The term ‘reservation’ means land that has been set aside or that has been acknowledged as having been set aside by the United States for the use of an Indian tribe, the exterior boundaries of which are more particularly defined in a final tribal treaty, agreement, executive order, Federal statute, secretarial order, or judicial determination. The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the United States Geological Survey. The term ‘transboundary aquifer’ means an aquifer that underlies the boundary between a Participating State and Mexico. the Junta Municipal de Agua y Saneamiento de Ciudad Juarez; the El Paso Water Utilities Public Service Board; and the Lower Rio Grande Water Users Organization. The term ‘water resources research institutes’ means the institutes within the Participating States established under section 104 of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303 ). The Secretary, in consultation and cooperation with the Participating States, the water resources research institutes, Sandia National Laboratories, and other appropriate entities in the United States and Mexico, and the IBWC, as appropriate, shall carry out the United States-Mexico transboundary aquifer assessment program to characterize, map, and model priority transboundary aquifers along the United States-Mexico border at a level of detail determined to be appropriate for the particular aquifer. the proximity of a proposed priority transboundary aquifer to areas of high population density; the extent to which a proposed priority transboundary aquifer would be used; the susceptibility of a proposed priority transboundary aquifer to contamination; and any other relevant criteria; evaluating all available data and publications as part of the development of study plans for each priority transboundary aquifer; creating a new, or enhancing an existing, geographic information system database to characterize the spatial and temporal aspects of each priority transboundary aquifer; and the additional data necessary to adequately define aquifer characteristics; and scientifically sound groundwater flow models to assist with State and local water management and administration, including modeling of relevant groundwater and surface water interactions; conduct joint scientific investigations; archive and share relevant data; and carry out any other activities consistent with the program; and are capable of being broadly distributed; and provide the scientific information needed by water managers and natural resource agencies on both sides of the United States-Mexico border to effectively accomplish the missions of the managers and agencies. the Hueco Bolson and Mesilla aquifers underlying parts of Texas, New Mexico, and Mexico; the Santa Cruz River Valley aquifers underlying Arizona and Sonora, Mexico; and the San Pedro aquifers underlying Arizona and Sonora, Mexico. The Secretary may, using the criteria under subsection (b)(1)(A), evaluate and designate additional priority transboundary aquifers which underlie New Mexico or Texas. To ensure a comprehensive assessment of priority transboundary aquifers, the Secretary shall, to the maximum extent practicable, work with appropriate Federal agencies and other organizations to develop partnerships with, and receive input from, relevant organizations in Mexico to carry out the program. The Secretary may provide grants or enter into cooperative agreements and other agreements with the water resources research institutes and other Participating State entities to carry out the program. the appropriate water resource agencies in the Participating States; any affected Indian tribes; any other appropriate entities that are conducting monitoring and metering activity with respect to a priority transboundary aquifer; and the IBWC, as appropriate. After the date of enactment of this Act [ Dec. 22, 2006 ], the Secretary shall not initiate any new field studies or analyses under the program before consulting with, and coordinating the activity with, any Participating State water resource agencies that have jurisdiction over the aquifer. The Secretary shall work closely with appropriate Participating State water resource agencies, water resources research institutes, and other relevant entities to develop a study plan, timeline, and cost estimate for each priority transboundary aquifer to be studied under the program. integrate existing data collection and analyses conducted with respect to the priority transboundary aquifer; if applicable, improve and strengthen existing groundwater flow models developed for the priority transboundary aquifer; and be consistent with appropriate State guidelines and goals. the jurisdiction or responsibility of a Participating State with respect to managing surface or groundwater resources in the Participating State; the water rights of any person or entity using water from a transboundary aquifer; or State water law, or an interstate compact or international treaty governing water. Nothing in this Act shall delay or alter the implementation or operation of any works constructed, modified, acquired, or used within the territorial limits of the United States relating to the waters governed by the Treaty Between the United States and Mexico Regarding Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, Treaty Series 994 ( 59 Stat. 1219 ). any activities carried out under the program; any conclusions of the Secretary relating to the status of priority transboundary aquifers; and the level of participation in the program of entities in Mexico. There are authorized to be appropriated to carry out this Act $50,000,000 for the period of fiscal years 2007 through 2016. Of the amounts made available under subsection (a), 50 percent shall be made available to the water resources research institutes to provide funding to appropriate entities in the Participating States (including Sandia National Laboratories, State agencies, universities, the Tri-Regional Planning Group, and other relevant organizations) and to implement cooperative agreements entered into with appropriate entities in Mexico to conduct specific authorized activities in furtherance of the program, including the binational collection and exchange of scientific data. Funding provided to an appropriate entity in Mexico pursuant to subsection (b) shall be contingent on that entity providing 50 percent of the necessary resources (including in-kind services) to further assist in carrying out the authorized activity. “The authority of the Secretary to carry out any provisions of this Act shall terminate 10 years after the date of enactment of this Act [ Dec. 22, 2006 ].”
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