43 CFR 404.59 - If the Secretary recommends a project for construction, is that a promise of Federal funding?

Regulations last checked for updates: Nov 22, 2024

Title 43 - Public Lands: Interior last revised: Sep 06, 2024

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Table of Contents

§ 404.53 - Does this rule provide authority for the transfer of pre-existing facilities from Federal to private ownership, or from private to Federal ownership?

§ 404.54 - Who will hold title to a rural water project that is constructed following the completion of an appraisal investigation or feasibility study under this program?

§ 404.55 - Who is responsible for the operation, maintenance, and replacement costs?

§ 404.56 - If a financial assistance agreement is entered into for a rural water supply project that benefits more than one Indian tribe, is the approval of each Indian tribe required?

§ 404.57 - Does this rule have any affect on state water law?

§ 404.58 - Do rural water projects authorized before the enactment of the Rural Water Supply Act of 2006 have to comply with the requirements in this rule?

§ 404.59 - If the Secretary recommends a project for construction, is that a promise of Federal funding?

§ 404.60 - Does this rule contain an information collection that requires approval by the Office of Management and Budget (OMB)?

§ 404.53 - Does this rule provide authority for the transfer of pre-existing facilities from Federal to private ownership, or from private to Federal ownership?

No. This rule does not authorize the transfer of pre-existing facilities or pre-existing components of any water system from Federal to private ownership, or from private to Federal ownership.

§ 404.54 - Who will hold title to a rural water project that is constructed following the completion of an appraisal investigation or feasibility study under this program?

Title to any rural water project planned, designed and recommended for construction under this program will be held by the non-Federal project sponsor.

§ 404.55 - Who is responsible for the operation, maintenance, and replacement costs?

You will be responsible for 100 percent of the operation, maintenance, and replacement costs for any rural water facility that is planned, designed, and recommended for construction under this program.

§ 404.56 - If a financial assistance agreement is entered into for a rural water supply project that benefits more than one Indian tribe, is the approval of each Indian tribe required?

Yes. When a financial assistance agreement is entered into with an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe is a prerequisite to entering into the financial assistance agreement.

§ 404.57 - Does this rule have any affect on state water law?

No. Neither the Act nor this rule preempts or affects state water law or any interstate compact governing water. Reclamation will comply with state water laws in carrying out this rule.

§ 404.58 - Do rural water projects authorized before the enactment of the Rural Water Supply Act of 2006 have to comply with the requirements in this rule?

No. Neither the Act nor this rule imposes any additional requirements on rural water supply projects that were authorized for construction before the date of enactment of the Act.

§ 404.59 - If the Secretary recommends a project for construction, is that a promise of Federal funding?

No. Congress must first authorize the project for construction and Federal funding is subject to the availability of appropriations.

§ 404.60 - Does this rule contain an information collection that requires approval by the Office of Management and Budget (OMB)?

Yes. This rule does contain an information collection that is approved by OMB, under Control Number 1006-0029. The Paperwork Reduction Act provides that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number.

authority: Public Law 109-451 (43 U.S.C. 2401

source: 73 FR 67782, Nov. 17, 2008, unless otherwise noted.

cite as: 43 CFR 404.59