Title 43Public LandsRelease 119-73

§3205 Competitive grant program for large-scale water recycling and reuse program

Title 43 › Chapter CHAPTER 50— - WESTERN WATER INFRASTRUCTURE › § 3205

Last updated Apr 6, 2026|Official source

Summary

The Secretary must set up a competitive grant program to pay for planning, design, and construction of very large water recycling and reuse projects that help the Reclamation States. Eligible entity: a State, Indian Tribe, local government, water or power district, or a joint agency. Eligible project: a project that reclaims and reuses municipal, industrial, domestic, or agricultural wastewater or impaired groundwater or surface water. Program: the grant program the Secretary creates. Reclamation State: the States or territories named in the 1902 Reclamation Act. Grants are for projects that cost $500,000,000 or more, are in a Reclamation State, are built and run by an eligible entity, and provide a Federal benefit under reclamation laws. The Secretary can only fund a project after agreeing that a feasibility or equivalent study shows it is technically and financially workable, lawful, and provides a Federal benefit. The eligible entity must show it has enough non‑Federal money and is financially solvent. The Secretary must notify Congress in writing within 30 days after agreeing to those findings. The program gives priority to projects that provide multiple benefits (like drought water supply, fish and wildlife, or water quality), reduce impacts on stressed ecosystems, help multi‑State water plans, are regional, or have broad stakeholder support. The Federal share cannot be more than 25 percent of a project’s total cost. Federal funds are nonreimbursable and there is no overall dollar cap on Federal help for individual projects. The Secretary must follow all environmental laws, issue guidance not later than 1 year after November 15, 2021, publish an annual list of awarded projects, and allow the Comptroller General to assess and report on how projects were selected to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources within 1 year after the first awards. Planning, design, and building of conveyance systems can be funded. The authority to run the program ends 5 years after November 15, 2021.

Full Legal Text

Title 43, §3205

Public Lands — Source: USLM XML via OLRC

(a)In this section:
(1)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)The term “eligible project” means a project described in subsection (c).
(3)The term “program” means the grant program established under subsection (b).
(4)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)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)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)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)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)(1)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)The Secretary shall not impose a total dollar cap on Federal contributions for all eligible individual projects provided a grant under the program.
(3)Any funds provided by the Secretary to an eligible entity under the program shall be considered nonreimbursable.
(4)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)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)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)(1)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)(A)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)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)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)The authority to carry out this section terminates on the date that is 5 years after November 15, 2021.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in 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.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

Reference

Citations & Metadata

Citation

43 U.S.C. § 3205

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73