43 USC 3205 - Competitive grant program for large-scale water recycling and reuse program

U.S Code last checked for updates: Nov 22, 2024

§ 3205.

Competitive grant program for large-scale water recycling and reuse program

(a)

Definitions

In this section:

(1)

Eligible entity

The term “eligible entity” means—

(A)

a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority;

(B)

a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or

(C)

an agency established under State law for the joint exercise of powers or a combination of entities described in subparagraphs (A) and (B).

(2)

Eligible project

(3)

Program

(4)

Reclamation State

(b)

Establishment

(c)

Eligible project

A project shall be eligible for a grant under this section if the project—

(1)

reclaims and reuses—

(A)

municipal, industrial, domestic, or agricultural wastewater; or

(B)

impaired groundwater or surface water;

(2)

has a total estimated cost of $500,000,000 or more;

(3)

is located in a Reclamation State;

(4)

is constructed, operated, and maintained by an eligible entity; and

(5)

provides a Federal benefit in accordance with the reclamation laws.

(d)

Project evaluation

The Secretary may provide a grant to an eligible project under the program if—

(1)

the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project—

(A)

is technically and financially feasible;

(B)

provides a Federal benefit in accordance with the reclamation laws; and

(C)

is consistent with applicable Federal and State laws;

(2)

the eligible entity has sufficient non-Federal funding available to complete the eligible project, as determined by the Secretary;

(3)

the eligible entity is financially solvent, as determined by the Secretary; and

(4)

not later than 30 days after the date on which the Secretary concurs with the determinations under paragraph (1) with respect to the eligible project, the Secretary submits to Congress written notice of the determinations.

(e)

Priority

In providing grants to eligible projects under the program, the Secretary shall give priority to eligible projects that meet 1 or more of the following criteria:

(1)

The eligible project provides multiple benefits, including—

(A)

water supply reliability benefits for drought-stricken States and communities;

(B)

fish and wildlife benefits; and

(C)

water quality improvements.

(2)

The eligible project is likely to reduce impacts on environmental resources from water projects owned or operated by Federal and State agencies, including through measurable reductions in water diversions from imperiled ecosystems.

(3)

The eligible project would advance water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin.

(4)

The eligible project is regional in nature.

(5)

The eligible project is collaboratively developed or supported by multiple stakeholders.

(f)

Federal assistance

(1)

Federal cost share

(2)

Total dollar cap

(3)

Nonreimbursable funds

(4)

Funding eligibility

An eligible project shall not be considered ineligible for assistance under the program because the eligible project has received assistance under—

(A)

the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.);

(B)

section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) for eligible desalination projects; or

(C)

section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(e)).

(g)

Environmental laws

(h)

Guidance

(i)

Reports

(1)

Annual report

(2)

Comptroller general

(A)

Assessment

(B)

Report

Not later than 1 year after the date of the initial award of grants under this section, the Comptroller General shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—

(i)

the adequacy and effectiveness of the process by which each eligible project was selected, if applicable; and

(ii)

the justification and criteria used for the selection of each eligible project, if applicable.

(j)

Treatment of conveyance

(k)

Termination of authority

(Pub. L. 117–58, div. D, title IX, § 40905, Nov. 15, 2021, 135 Stat. 1122.)

cite as: 43 USC 3205