43 U.S.C. § 3205 (PUBLIC LANDS)
§ 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
The term “eligible project” means a project described in subsection (c).
(3) Program
The term “program” means the grant program established under subsection (b).
(4) Reclamation State
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).
(b) Establishment
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.
(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
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.
(2) Total dollar cap
The Secretary shall not impose a total dollar cap on Federal contributions for all eligible individual projects provided a grant under the program.
(3) Nonreimbursable funds
Any funds provided by the Secretary to an eligible entity under the program shall be considered nonreimbursable.
(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
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.).
(h) Guidance
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.
(i) Reports
(1) Annual report
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.
(2) Comptroller general
(A) Assessment
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.
(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
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.
(k) Termination of authority
The authority to carry out this section terminates on the date that is 5 years after November 15, 2021.
(Pub. L. 117–58, div. D, title IX, § 40905, Nov. 15, 2021, 135 Stat. 1122.)
heading: Editorial Notes
heading: References in Text
text: The Reclamation Wastewater and Groundwater Study and Facilities Act, referred to in subsec. (f)(4)(A), is title XVI of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4663, which enacted sections 390h to 390h–15 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 390h of this title and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (g), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.