42 USC 10362: Definitions
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42 USC 10362: Definitions Text contains those laws in effect on December 2, 2024
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 109B-SECURE WATER

§10362. Definitions

In this chapter:

(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 10368(a) of this title.

(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-

(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.

(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 5304 of title 25.

(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) Natural feature

The term "natural feature" means a feature that is created through the action of physical, geological, biological, and chemical processes over time.

(14) 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.

(15) 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.

(16) Panel

The term "panel" means the climate change and water intragovernmental panel established by the Secretary under section 10366(a) of this title.

(17) 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.

(18) 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 10363, 10364, and 10369 of this title, the Secretary of the Interior (acting through the Commissioner); and

(ii) in the case of sections 10367 and 10368 of this title, the Secretary of the Interior (acting through the Director).

(19) 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.

( Pub. L. 111–11, title IX, §9502, Mar. 30, 2009, 123 Stat. 1330 ; Pub. L. 116–260, div. FF, title XI, §1106(a), Dec. 27, 2020, 134 Stat. 3240 .)


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.