43 USC § 3208 - Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects

---
identifier: "/us/usc/t43/s3208"
source: "usc"
legal_status: "official_prima_facie"
title: "43 USC § 3208 - Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects"
title_number: 43
title_name: "PUBLIC LANDS"
section_number: "3208"
section_name: "Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects"
chapter_number: 50
chapter_name: "WESTERN WATER INFRASTRUCTURE"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 117–58, div. D, title IX, § 40910, Nov. 15, 2021, 135 Stat. 1126.)"
---


# § 3208. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects

**(a)** **In general** The Secretary, at the request of and in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for—

**(1)** groundwater recharge projects;

**(2)** aquifer storage and recovery projects; or

**(3)** water source substitution for aquifer protection projects.

**(b)** **Limitation** Nothing in this section authorizes additional technical or financial assistance for, or participation in an agreement for, a surface water storage facility to be constructed or expanded.

**(c)** **Requirement** section 3202(a)(2)(C)(ii) of this title

A construction project shall only be eligible for financial assistance under this section if the project meets the conditions for funding under .

**(d)** **Cost sharing** section 3202(b) of this title

Cost sharing for a project funded under this section shall be in accordance with .

**(e)** **Environmental laws** In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including —

**(1)** the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

**(2)** any obligations for fish, wildlife, or water quality protection in permits or licenses granted by a Federal agency or a State; and

**(3)** any applicable Federal or State laws (including regulations).

**(f)** **Authorization by Congress for major project construction** A project with a total estimated cost of $500,000,000 or more shall only be eligible for construction funding under this section if the project is authorized for construction by an Act of Congress.

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**Source Credit**: (Pub. L. 117–58, div. D, title IX, § 40910, Nov. 15, 2021, 135 Stat. 1126.)

## Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (e)(1), is , , , 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  and Tables.

## Statutory Notes and Related Subsidiaries

### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of , including authority of Secretary of Labor, see , The Public Health and Welfare.