### §1926e. Rural decentralized water systems

#### (a) Definition of eligible individual

In this section, the term "eligible individual" means an individual who is a member of a household the members of which have a combined income (for the most recent 12-month period for which the information is available) that is not more than 60 percent of the median nonmetropolitan household income for the State or territory in which the individual resides, according to the most recent decennial census of the United States.

#### (b) Grants

#### (1) In general

The Secretary may make grants to private nonprofit organizations for the purpose of providing loans and subgrants to eligible individuals for the construction, refurbishing, and servicing of individual household water well systems and individually owned household decentralized wastewater systems in rural areas that are or will be owned by the eligible individuals.

#### (2) Terms and amounts

#### (A) Terms of loans

A loan made with grant funds under this section—

(i) shall have an interest rate of 1 percent; and

(ii) shall have a term not to exceed 20 years.

#### (B) Amounts

A loan or subgrant made with grant funds under this section shall not exceed $15,000 for each water well system or decentralized wastewater system described in paragraph (1).

#### (3) Administrative expenses

A recipient of a grant made under this section may use grant funds to pay administrative expenses associated with providing the assistance described in paragraph (1), as determined by the Secretary.

#### (4) Ground well water contamination

In the event of ground well water contamination, the Secretary shall allow a loan or subgrant to be made with grant funds under this section for the installation of water treatment where needed beyond the point of entry, with or without the installation of a new water well system.

#### (c) Priority in awarding grants

In awarding grants under this section, the Secretary shall give priority to an applicant that has substantial expertise and experience in promoting the safe and effective use of individually owned household water well systems, individually owned household decentralized wastewater systems, and ground water.

#### (d) Authorization of appropriations

There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2019 through 2023.

(Pub. L. 87–128, title III, §306E, as added Pub. L. 107–171, title VI, §6012(a), May 13, 2002, 116 Stat. 357; amended Pub. L. 110–234, title VI, §6010, May 22, 2008, 122 Stat. 1163; Pub. L. 110–246, §4(a), title VI, §6010, June 18, 2008, 122 Stat. 1664, 1925; Pub. L. 113–79, title VI, §6009, Feb. 7, 2014, 128 Stat. 843; Pub. L. 115–334, title VI, §6409, Dec. 20, 2018, 132 Stat. 4761.)

#### **Editorial Notes**

#### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

#### Amendments

2018—Pub. L. 115–334, §6409(1), substituted "Rural decentralized water systems" for "Grants to nonprofit organizations to finance the construction, refurbishing, and servicing of individually-owned household water well systems in rural areas for individuals with low or moderate incomes" in section catchline.

Subsec. (a). Pub. L. 115–334, §6409(2), substituted "60" for "100".

Subsec. (b)(1). Pub. L. 115–334, §6409(3)(A), inserted "and subgrants" after "loans" and "and individually owned household decentralized wastewater systems" after "well systems".

Subsec. (b)(2). Pub. L. 115–334, §6409(3)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "A loan made with grant funds under this section—

"(A) shall have an interest rate of 1 percent;

"(B) shall have a term not to exceed 20 years; and

"(C) shall not exceed $11,000 for each water well system described in paragraph (1)."

Subsec. (b)(4). Pub. L. 115–334, §6409(3)(C), added par. (4).

Subsec. (c). Pub. L. 115–334, §6409(4), substituted "effective use of individually owned household water well systems, individually owned household decentralized wastewater systems," for "productive use of individually-owned household water well systems".

Subsec. (d). Pub. L. 115–334, §6409(5), substituted "$20,000,000" for "$5,000,000" and "2019 through 2023" for "2014 through 2018".

2014—Subsec. (d). Pub. L. 113–79 substituted "$5,000,000 for each of fiscal years 2014 through 2018" for "$10,000,000 for each of fiscal years 2008 through 2012".

2008—Subsec. (b)(2)(C). Pub. L. 110–246, §6010(1), substituted "$11,000" for "$8,000".

Subsec. (d). Pub. L. 110–246, §6010(2), substituted "2008 through 2012" for "2003 through 2007".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

#### Effective Date

Pub. L. 107–171, title VI, §6012(b), May 13, 2002, 116 Stat. 358, provided that: "The amendment made by subsection (a) [enacting this section] takes effect on October 1, 2002."