33 U.S.C. § 1302a (NAVIGATION AND NAVIGABLE WATERS)
§ 1302a. Clean water infrastructure resiliency and sustainability program
(a) Definitions
In this section:
(1) Eligible entity
The term “eligible entity” means—
(A) a municipality; or
(B) an intermunicipal, interstate, or State agency.
(2) Natural hazard
The term “natural hazard” means a hazard caused by natural forces, including extreme weather events, sea-level rise, and extreme drought conditions.
(3) Program
The term “program” means the clean water infrastructure resilience and sustainability program established under subsection (b).
(b) Establishment
Subject to the availability of appropriations, the Administrator shall establish a clean water infrastructure resilience and sustainability program under which the Administrator shall award grants to eligible entities for the purpose of increasing the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities.
(c) Use of funds
An eligible entity that receives a grant under the program shall use the grant funds for planning, designing, or constructing projects (on a system-wide or area-wide basis) that increase the resilience of a publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities through—
(1) the conservation of water;
(2) the enhancement of water use efficiency;
(3) the enhancement of wastewater and stormwater management by increasing watershed preservation and protection, including through the use of—
(A) natural and engineered green infrastructure; and
(B) reclamation and reuse of wastewater and stormwater, such as aquifer recharge zones;
(4) the modification or relocation of an existing publicly owned treatment works, conveyance, or discharge system component that is at risk of being significantly impaired or damaged by a natural hazard;
(5) the development and implementation of projects to increase the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities, as applicable; or
(6) the enhancement of energy efficiency or the use and generation of recovered or renewable energy in the management, treatment, or conveyance of wastewater or stormwater.
(d) Application
To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including—
(1) a proposal of the project to be planned, designed, or constructed using funds under the program;
(2) an identification of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, to be addressed by the proposed project;
(3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, of the area where the proposed project is to be located;
(4) a description of any recent natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerabilities that have affected the publicly owned treatment works;
(5) a description of how the proposed project would improve the performance of the publicly owned treatment works under an anticipated natural hazard or natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable; and
(6) an explanation of how the proposed project is expected to enhance the resilience of the publicly owned treatment works to a natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable.
(e) Grant amount and other Federal requirements
(1) Cost share
Except as provided in paragraph (2), a grant under the program shall not exceed 75 percent of the total cost of the proposed project.
(2) Exception
(A) In general
Except as provided in subparagraph (B), a grant under the program shall not exceed 90 percent of the total cost of the proposed project if the project serves a community that—
(i) has a population of fewer than 10,000 individuals; or
(ii) meets the affordability criteria established by the State in which the community is located under section 1383(i)(2) of this title.
(B) Waiver
At the discretion of the Administrator, a grant for a project described in subparagraph (A) may cover 100 percent of the total cost of the proposed project.
(3) Requirements
The requirements of section 1388 of this title shall apply to a project funded with a grant under the program.
(f) Report
Not later than 2 years after November 15, 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include an accounting of all grants awarded under the program, including a description of each grant recipient and each project funded using a grant under the program.
(g) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026.
(2) Limitation on use of funds
Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.
(June 30, 1948, ch. 758, title II, § 223, as added Pub. L. 117–58, div. E, title II, § 50205, Nov. 15, 2021, 135 Stat. 1162.)