43 U.S.C. § 3205 — Competitive grant program for large-scale water recycling and reuse program
submitted 5 years ago by Pub. L. 117-58 to r/title-43-PUBLIC-LANDS · 990 words · no verdicts yet
The Secretary must competitively award grants for large-scale water-recycling and reuse projects costing at least $500 million and providing Federal benefits. Grants may cover up to 25 percent of cost, are nonreimbursable, and this authority ends five years after November 15, 2021.
(a) (1) “Eligible entity” means a State, tribe, municipality, irrigation, water, or wastewater district, or other water or power delivery organization; a State, regional, or local authority whose members include such organizations; or a State-law agency or combination of those entities. (2) “Eligible project” means a project under subsection (c). (3) “Program” means the grant program under subsection (b). (4) “Reclamation State” means a State or territory described in the first section of the Act of June 17, 1902.
(b) The Secretary must establish a competitive grant program for planning, designing, and building large-scale recycling and reuse projects that provide substantial water-supply or other benefits in Reclamation States.
(c) A project qualifies if it reclaims and reuses municipal, industrial, domestic, or agricultural wastewater, or impaired groundwater or surface water; costs at least $500 million; is in a Reclamation State; is built, operated, and maintained by an eligible entity; and provides a Federal benefit under reclamation laws.
(d) The Secretary may grant money if a feasibility or equivalent study, accepted by the Secretary, shows the project is technically and financially feasible, provides a Federal benefit, and follows Federal and State law; the entity has enough non-Federal money to finish it; the entity is financially solvent; and, within 30 days after concurring, the Secretary gives Congress written notice.
(e) Priority goes to projects with multiple benefits, including drought-stricken water reliability, fish and wildlife, and water quality; projects reducing environmental impacts, including measurable diversions from imperiled ecosystems; projects advancing multistate plans; regional projects; and projects developed or supported by multiple stakeholders.
(f) (1) Federal money may not exceed 25 percent of total cost. (2) The Secretary may not impose a total-dollar cap on contributions for all individual projects. (3) Funds are nonreimbursable. (4) Prior assistance under the listed wastewater, groundwater, and desalination programs does not make a project ineligible.
(g) The Secretary must comply with environmental laws, including the National Environmental Policy Act. (h) Within one year after November 15, 2021, the Secretary must issue implementation guidance, including study guidelines. (i) The Secretary must publish an annual list of funded projects. The Comptroller General must assess the grant administration, solicitation, selection, and justification process and, within one year after the first awards, report to the listed congressional committees on selection adequacy and the criteria and justification used. (j) Planning, design, and construction of a conveyance system is eligible. (k) Authority ends five years after November 15, 2021.
In this section:
The term “eligible entity” means—
a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority;
a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or
an agency established under State law for the joint exercise of powers or a combination of entities described in subparagraphs (A) and (B).
The term “eligible project” means a project described in subsection (c).
The term “program” means the grant program established under subsection (b).
The term “Reclamation State” means a State or territory described in the first section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).
The Secretary shall establish a program to provide grants to eligible entities on a competitive basis for the planning, design, and construction of large-scale water recycling and reuse projects that provide substantial water supply and other benefits to the Reclamation States in accordance with this section.
A project shall be eligible for a grant under this section if the project—
reclaims and reuses—
municipal, industrial, domestic, or agricultural wastewater; or
impaired groundwater or surface water;
has a total estimated cost of $500,000,000 or more;
is located in a Reclamation State;
is constructed, operated, and maintained by an eligible entity; and
provides a Federal benefit in accordance with the reclamation laws.
The Secretary may provide a grant to an eligible project under the program if—
the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project—
is technically and financially feasible;
provides a Federal benefit in accordance with the reclamation laws; and
is consistent with applicable Federal and State laws;
the eligible entity has sufficient non-Federal funding available to complete the eligible project, as determined by the Secretary;
the eligible entity is financially solvent, as determined by the Secretary; and
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.
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:
The eligible project provides multiple benefits, including—
water supply reliability benefits for drought-stricken States and communities;
fish and wildlife benefits; and
water quality improvements.
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.
The eligible project would advance water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin.
The eligible project is regional in nature.
The eligible project is collaboratively developed or supported by multiple stakeholders.
The Federal share of the cost of any project provided a grant under the program shall not exceed 25 percent of the total cost of the eligible project.
The Secretary shall not impose a total dollar cap on Federal contributions for all eligible individual projects provided a grant under the program.
Any funds provided by the Secretary to an eligible entity under the program shall be considered nonreimbursable.
An eligible project shall not be considered ineligible for assistance under the program because the eligible project has received assistance under—
the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.);
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
section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(e)).
In providing a grant for an eligible project under the program, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Not later than 1 year after November 15, 2021, the Secretary shall issue guidance on the implementation of the program, including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities.
At the end of each fiscal year, the Secretary shall make available on the website of the Department of the Interior an annual report that lists each eligible project for which a grant has been awarded under this section during the fiscal year.
The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section.
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—
the adequacy and effectiveness of the process by which each eligible project was selected, if applicable; and
the justification and criteria used for the selection of each eligible project, if applicable.
The Secretary shall consider the planning, design, and construction of a conveyance system for an eligible project to be eligible for grant funding under the program.
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, § 40905, Nov. 15, 2021, 135 Stat. 1122.)
- 2021Enacted · Pub. L. 117-58 · 135 Stat. 1122
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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