§1300 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Administrator may set up a pilot program to give grants to state, interstate, and local water agencies, private utilities, and nonprofits for projects that create new water supplies in a sustainable way. “Alternative water source projects” are ones that save, manage, reclaim, or reuse water, wastewater, or stormwater, or treat those waters for groundwater recharge, drinking reuse, or other uses; they do not include water treatment or distribution systems. “Critical water supply needs” are current or expected future shortages shown in a statewide or regional plan that looks at least 20 years ahead. Grants go only to entities that have state law authority to provide water in an area with those needs, and projects that already got construction funds under 43 U.S.C. 390h et seq. are not eligible. Selected projects should represent different geographic and environmental settings. Grant money may pay for engineering, design, construction, and final testing only; it cannot pay for planning, feasibility studies, or for operation, maintenance, replacement, repair, or rehabilitation. The federal share cannot be more than 50% of eligible project costs. The Administrator must follow section 1251(g) of this title. A report on the pilot program was due to Congress by September 30, 2004. Congress authorized $25,000,000 for each fiscal year 2022 through 2026, to remain available until spent, and up to 2% of those amounts may be used for the Administrator’s administrative costs.

Title 33, §1300

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Nothing in this section shall be construed to affect the application of section 1251(g) of this title and all of the provisions of this section shall be carried out in accordance with the provisions of section 1251(g) of this title.

(b)In this section:

(1)The term “alternative water source project” means a project designed to provide municipal, industrial, and agricultural water supplies in an environmentally sustainable manner by conserving, managing, reclaiming, or reusing water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes. Such term does not include water treatment or distribution facilities.

(2)The term “critical water supply needs” means existing or reasonably anticipated future water supply needs that cannot be met by existing water supplies, as identified in a comprehensive statewide or regional water supply plan or assessment projected over a planning period of at least 20 years.

(c)The Administrator may establish a pilot program to make grants to State, interstate, and intrastate water resource development agencies (including water management districts and water supply authorities), local government agencies, private utilities, and nonprofit entities for alternative water source projects to meet critical water supply needs.

(d)The Administrator may make grants under this section to an entity only if the entity has authority under State law to develop or provide water for municipal, industrial, and agricultural uses in an area of the State that is experiencing critical water supply needs.

(e)(1)A project that has received construction funds under the reclamation and reuse program conducted under the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.) shall not be eligible for grant assistance under this section.

(2)Alternative water source projects selected by the Administrator under this section shall reflect a variety of geographical and environmental conditions.

(f)Amounts from grants received under this section may be used for engineering, design, construction, and final testing of alternative water source projects designed to meet critical water supply needs. Such amounts may not be used for planning, feasibility studies or for operation, maintenance, replacement, repair, or rehabilitation.

(g)The Federal share of the eligible costs of an alternative water source project carried out using assistance made available under this section shall not exceed 50 percent.

(h)On or before September 30, 2004, the Administrator shall transmit to Congress a report on the results of the pilot program established under this section, including progress made toward meeting the critical water supply needs of the participants in the pilot program.

(i)(1)There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.

(2)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Reclamation Projects Authorization and Adjustment Act of 1992, referred to in subsec. (e)(1), is Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4600. Provisions relating to the reclamation and reuse program are classified generally to section 390h et seq. of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

of 1992 Amendment note set out under section 371 of Title 43 and Tables.

Amendments

2021—Subsec. (b). Pub. L. 117–58, § 50203(6), redesignated subsec. (i) as (b). Former subsec. (b) redesignated (c). Pub. L. 117–58, § 50203(1), substituted “Establishment” for “In general” in heading. Subsec. (c). Pub. L. 117–58, § 50203(6), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–58, § 50203(6), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(1). Pub. L. 117–58, § 50203(2)(A), inserted “

Construction

” before “funds”. Subsec. (d)(2), (3). Pub. L. 117–58, § 50203(2)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which related to additional consideration regarding the location of a project. Subsec. (e). Pub. L. 117–58, § 50203(6), redesignated subsec. (d) as (e). Pub. L. 117–58, § 50203(3), struck out subsec. (e) which related to committee resolution procedure. Subsec. (i). Pub. L. 117–58, § 50203(6), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (b). Pub. L. 117–58, § 50203(4)(A), struck out “, the following definitions apply” before the semicolon in introductory provisions. Subsec. (i)(1). Pub. L. 117–58, § 50203(4)(B), substituted “water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes” for “water or wastewater or by treating wastewater”. Subsec. (j). Pub. L. 117–58, § 50203(6), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (b). Pub. L. 117–58, § 50203(5), designated existing provisions as par. (1), inserted heading, substituted “$25,000,000 for each of fiscal years 2022 through 2026, to” for “a total of $75,000,000 for fiscal years 2002 through 2004. Such sums shall”, and added par. (2).

§1300 Pilot program for alternative water source projects