33 USC 1301 - Sewer overflow and stormwater reuse municipal grants

U.S Code last checked for updates: Oct 19, 2024

§ 1301.

Sewer overflow and stormwater reuse municipal grants

(a)

In general

(1)

Grants to States

The Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of—

(A)

treatment works to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater;

(B)

notification systems to inform the public of combined sewer or sanitary overflows that result in sewage being released into rivers and other waters; and

(C)

any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 1383(c) of this title.

(2)

Direct municipal grants

(b)

Prioritization

In selecting from among municipalities applying for grants under subsection (a), a State or the Administrator shall give priority to an applicant that—

(1)

is a municipality that is a financially distressed community under subsection (c);

(2)

has implemented or is complying with an implementation schedule for the nine minimum controls specified in the CSO control policy referred to in section 1342(q)(1) of this title and has begun implementing a long-term municipal combined sewer overflow control plan or a separate sanitary sewer overflow control plan;

(3)

is requesting a grant for a project that is on a State’s intended use plan pursuant to section 1386(c) of this title; or

(4)

is an Alaska Native Village.

(c)

Financially distressed community

(1)

Definition

(2)

Consideration of impact on water and sewer rates

(3)

Information to assist States

(d)

Cost-sharing

(1)

In general

(2)

Rural and financially distressed communities

(3)

Types of non-Federal share

(e)

Administrative requirements

(f)

Authorization of appropriations

(1)

In general

(2)

Minimum allocations

(A)

Green projects

(B)

Rural or financially distressed community allocation

(i)

Definitions

In this subparagraph:

(I)

Financially distressed community

(II)

Rural community

(ii)

Allocation

(I)

In general

To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 25 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects in rural communities or financially distressed communities for the purpose of planning, design, and construction of—

(aa)

treatment works to intercept, transport, control, treat, or reuse municipal sewer overflows, sanitary sewer overflows, or stormwater; or

(bb)

any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 603(c).

(II)

Rural communities

(g)

Allocation of funds

(1)

Fiscal year 2019

(2)

Fiscal year 2020 and thereafter

(h)

Administrative expenses

Of the amounts appropriated to carry out this section for each fiscal year—

(1)

the Administrator may retain an amount not to exceed 1 percent for the reasonable and necessary costs of administering this section; and

(2)

the Administrator, or a State, may retain an amount not to exceed 4 percent of any grant made to a municipality or municipal entity under subsection (a), for the reasonable and necessary costs of administering the grant.

(i)

Reports

(1)

Periodic reports

(A)

In general

Not later than December 31, 2003, and periodically thereafter, the Administrator shall transmit to Congress a report containing—

(i)

recommended funding levels for grants under this section; and

(ii)

a description of the extent to which States pass costs associated with the non-Federal share requirements under subsection (d) to local communities, with a focus on rural communities and financially distressed communities (as those terms are defined in subsection (f)(2)(B)(i)).

(B)

Requirement

(2)

Use of funds

(June 30, 1948, ch. 758, title II, § 221, as added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–225; amended Pub. L. 115–270, title IV, § 4106, Oct. 23, 2018, 132 Stat. 3875; Pub. L. 117–58, div. E, title II, § 50204, Nov. 15, 2021, 135 Stat. 1160.)

cite as: 33 USC 1301