42 U.S.C. § 300j–19a (THE PUBLIC HEALTH AND WELFARE)
§ 300j–19a. Assistance for small and disadvantaged communities
(a) Definition of underserved community
In this section:
(1) In general
The term “underserved community” means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water.
(2) Inclusions
The term “underserved community” includes a political subdivision of a State that either, as determined by the Administrator—
(A) does not have household drinking water or wastewater services; or
(B) is served by a public water system that violates, or exceeds, as applicable, a requirement of a national primary drinking water regulation issued under section 300g–1 of this title, including—
(i) a maximum contaminant level;
(ii) a treatment technique; and
(iii) an action level.
(b) Establishment
(1) In general
The Administrator shall establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purposes of which are to assist public water systems in meeting the requirements of this subchapter.
(2) Inclusions
Projects and activities under paragraph (1) include—
(A) investments necessary for the public water system to comply with the requirements of this subchapter;
(B) assistance that directly and primarily benefits the disadvantaged community on a per-household basis; and
(C) programs to provide household water quality testing, including testing for unregulated contaminants.
(c) Eligible entities
An eligible entity under this section—
(1) is—
(A) a public water system;
(B) a water system that is located in an area governed by an Indian Tribe; or
(C) a State, on behalf of an underserved community; and
(2) serves a community—
(A) that, under affordability criteria established by the State under section 300j–12(d)(3) of this title, is determined by the State—
(i) to be a disadvantaged community; or
(ii) to be a community that may become a disadvantaged community as a result of carrying out a project or activity under subsection (b); or
(B) with a population of less than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance a project or activity under subsection (b).
(d) Priority
In prioritizing projects and activities for implementation under this section, the Administrator shall give priority to projects and activities that benefit underserved communities.
(e) Local participation
In prioritizing projects and activities for implementation under this section, the Administrator shall consult with and consider the priorities of States, Indian Tribes, and local governments in which communities described in subsection (c)(2) are located.
(f) Technical, managerial, and financial capability
The Administrator may provide assistance to increase the technical, managerial, and financial capability of an eligible entity receiving a grant under this section if the Administrator determines that the eligible entity lacks appropriate technical, managerial, or financial capability and is not receiving such assistance under another Federal program.
(g) Cost sharing
Before providing a grant to an eligible entity under this section, the Administrator shall enter into a binding agreement with the eligible entity to require the eligible entity—
(1) to pay not less than 45 percent of the total costs of the project or activity, which may include services, materials, supplies, or other in-kind contributions;
(2) to provide any land, easements, rights-of-way, and relocations necessary to carry out the project or activity; and
(3) to pay 100 percent of any operation and maintenance costs associated with the project or activity.
(h) Waiver
The Administrator may waive, in whole or in part, the requirement under subsection (g)(1) if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
(i) Limitation on use of funds
Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.
(j) Authorization of appropriations
There are authorized to be appropriated to carry out this section, $60,000,000 for each of fiscal years 2017 through 2021.
(July 1, 1944, ch. 373, title XIV, § 1459A, as added Pub. L. 114–322, title II, § 2104, Dec. 16, 2016, 130 Stat. 1718.)