43 U.S.C. § 3203 — Small water storage and groundwater storage projects
submitted 5 years ago by Pub. L. 117-58 to r/title-43-PUBLIC-LANDS · 693 words · no verdicts yet
The Secretary must run competitive grants for feasible small water-storage and groundwater-storage projects in Reclamation States, including Alaska and Hawaii. Federal funding is limited to the smaller of 25 percent of project cost or $30 million, and this authority ends five years after November 15, 2021.
(a) The Secretary must establish a competitive grant program. A non-Federal sponsor of a feasible project in a Reclamation State, including Alaska or Hawaii, may apply for planning, design, and construction funding.
(b) (1) (A) A sponsor may submit a completed feasibility study. (B) A project qualifies if it stores between 200 and 30,000 acre-feet of water and either increases surface-water or groundwater storage or moves water to or from that storage. (C) Within 60 days after November 15, 2021, the Secretary must issue study guidelines. (2) The Secretary must review each study to decide whether the study and its preparation comply with applicable Federal laws, whether the project is technically and financially feasible under the guidelines and reclamation laws, and whether it provides a Federal benefit. (3) Within 180 days after receiving a study, the Secretary must report to the Senate Energy and Natural Resources Committee and the House Natural Resources Committee on those review results, including feasibility and Federal-benefit determinations, recommendations about the project plan or design, and conditions for construction. (4) (A) A sponsor of a project found feasible may apply for a grant covering the Federal share under subsection (c). (B) Before awarding a grant, the Secretary must decide whether enough non-Federal money is available to finish the project. (5) The Secretary must prioritize projects likely to make water supplies more reliable; increase management flexibility and reduce environmental impacts; be regional; have multiple stakeholders; or provide multiple benefits, including reliable supply, ecosystem benefits, groundwater management or improvements, and better water quality.
(c) The Federal share for an individual project may not exceed either 25 percent of total cost or $30 million, whichever is less.
(d) When providing a grant, the Secretary must comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) The authority to carry out this section ends five years after November 15, 2021.
The Secretary shall establish a competitive grant program, under which the non-Federal project sponsor of any project in a Reclamation State, including the State of Alaska or Hawaii, determined by the Secretary to be feasible under subsection (b)(2)(B) shall be eligible to apply for funding for the planning, design, and construction of the project.
A non-Federal project sponsor described in subsection (a) may submit to the Secretary a proposal for a project eligible to receive a grant under this section in the form of a completed feasibility study.
A project shall be considered eligible for consideration for a grant under this section if the project—
has water storage capacity of not less than 200 acre-feet and not more than 30,000 acre-feet; and
increases surface water or groundwater storage; or
conveys water, directly or indirectly, to or from surface water or groundwater storage.
Not later than 60 days after November 15, 2021, the Secretary shall issue guidelines for feasibility studies for small storage projects to provide sufficient information for the formulation of the studies.
The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of determining whether—
the feasibility study, and the process under which the study was developed, each comply with Federal laws (including regulations) applicable to feasibility studies of small storage projects;
the project is technically and financially feasible, in accordance with—
the guidelines developed under paragraph (1)(C); and
the reclamation laws; and
the project provides a Federal benefit, as determined by the Secretary.
Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary 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—
the results of the review of the study by the Secretary under paragraph (2), including a determination of whether the project is feasible and provides a Federal benefit;
any recommendations that the Secretary may have concerning the plan or design of the project; and
any conditions the Secretary may require for construction of the project.
The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for a grant to cover the Federal share of the costs of planning, designing, and constructing the project pursuant to subsection (c).
Prior to awarding grants to a small storage project, the Secretary shall determine whether there is sufficient non-Federal funding available to complete the project.
In awarding grants to projects under this section, the Secretary shall give priority to projects that meet 1 or more of the following criteria:
Projects that are likely to provide a more reliable water supply for States, Indian Tribes, and local governments, including subdivisions of those entities.
Projects that are likely to increase water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies.
Projects that are regional in nature.
Projects with multiple stakeholders.
Projects that provide multiple benefits, including water supply reliability, ecosystem benefits, groundwater management and enhancements, and water quality improvements.
The Federal share of the costs of each of the individual projects selected under this section shall not exceed the lesser of—
25 percent of the total project cost; or
$30,000,000.
In providing funding for a grant for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
The authority to carry out this section terminates on the date that is 5 years after November 15, 2021.
Source credit: (Pub. L. 117–58, div. D, title IX, § 40903, Nov. 15, 2021, 135 Stat. 1119; Pub. L. 117–328, div. CC, § 105, Dec. 29, 2022, 136 Stat. 5574.)
- 2021Enacted · Pub. L. 117-58 · 135 Stat. 1119
- 2022Amended · Pub. L. 117-328 · 136 Stat. 5574
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.
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