§1926a — Title 7 Agriculture | U.S. Code

Summary

Provides grants to help people in rural places and small towns get safe, enough water when their water supply becomes worse or is about to become worse, or when fixing or replacing parts of a water system will fix the problem. The Secretary must give priority to projects that clean up contamination which threatens health or the environment and that the applicant did not cause, and at least 70 percent of grants must go to those priority projects. Applicants must be public or private nonprofit groups. For cases of an actual or expected drop in water, the applicant must show the problem happened or will happen within 2 years of applying. Grants can pay for things like new or extended waterlines, repairs, wells, equipment, hookup fees, other work to develop, treat, store, or deliver water, help meeting federal water laws, and short-term delivery of drinkable water for up to 120 days (and up to another 120 days after drought, severe weather, or contamination if needed). Communities that include any part of a city or town over 10,000 people or that have a median household income above the State nonmetropolitan median cannot get help. At least 50 percent of funds must go to places with 3,000 people or fewer. Each grant is limited to $1,000,000 for emergency declines and $150,000 for repair-type projects, and may cover 100 percent of project costs where allowed. The program uses a national competitive application with a short form, scoring factors like population, income, and how bad the water problem is, and the Secretary will try to act within 60 days. Each year not less than 5 percent and not more than 7 percent of funds under section 1926(a)(2) are set aside for these grants until July 1, but the Secretary may use those funds through September 30 to provide potable water after qualifying events. An extra $50,000,000 was authorized for each fiscal year 2019 through 2023.

Title 7, §1926a

Agriculture — Source: USLM XML via OLRC

(a)The Secretary shall provide grants in accordance with this section to assist the residents of rural areas and small communities to secure adequate quantities of safe water—

(1)after a significant decline in the quantity or quality of water available from the water supplies of such rural areas and small communities, or when such a decline is imminent; or

(2)when repairs, partial replacement, or significant maintenance efforts on established water systems would remedy—

(A)an acute, or imminent, shortage of quality water; or

(B)a significant decline, or imminent decline, in the quantity or quality of water that is available.

(b)In carrying out subsection (a), the Secretary shall—

(1)give priority to projects described in subsection (a)(1), particularly to projects to address contamination that—

(A)poses a threat to human health or the environment; and

(B)was caused by circumstances beyond the control of the applicant for a grant, including circumstances that occurred over a period of time; and

(2)provide at least 70 percent of all such grants to such projects.

(c)To be eligible to obtain a grant under this section, an applicant shall—

(1)be a public or private nonprofit entity; and

(2)in the case of a grant made under subsection (a)(1), demonstrate to the Secretary that the decline referred to in such subsection occurred, or will occur, within 2 years of the date the application was filed for such grant.

(d)(1)Grants made under this section may be used—

(A)for waterline extensions from existing systems, laying of new waterlines, repairs, significant maintenance, digging of new wells, equipment replacement, and hook and tap fees;

(B)for any other appropriate purpose associated with developing sources of, treating, storing, or distributing water;

(C)to assist communities in complying with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and

(D)to provide potable water to communities through other means, other than those covered above for not to exceed 120 days when a more permanent solution is not feasible in a shorter time frame. Where drinking water supplies are inadequate due to an event, as determined by the Secretary, including drought, severe weather, or contamination, the Secretary may provide potable water for an additional period of time not to exceed an additional 120 days in order to protect public health.

(2)Nothing in this section shall preclude rural communities from submitting joint proposals for emergency water assistance, subject to the restrictions contained in subsection (e). Such restrictions should be considered in the aggregate, depending on the number of communities involved.

(e)(1)No grant provided under this section shall be used to assist any rural area or community that—

(A)includes any area in any city or town with a population in excess of 10,000 inhabitants according to the most recent decennial census of the United States; or

(B)has a median household income in excess of the State nonmetropolitan median household income.

(2)Not less than 50 percent of the funds allocated under this section shall be allocated to rural communities with populations that do not exceed 3,000 inhabitants.

(f)Grants made under this section may not exceed—

(1)in the case of each grant made under subsection (a)(1), $1,000,000; and

(2)in the case of each grant made under subsection (a)(2), $150,000.

(g)Subject to subsection (e), grants under this section shall be made in an amount equal to 100 percent of the costs of the projects conducted under this section.

(h)(1)The Secretary shall develop a nationally competitive application process to award grants under this section. The process shall include criteria for evaluating applications, including population, median household income, and the severity of the decline, or imminent decline, in quantity or quality of water.

(2)(A)The application process developed by the Secretary under paragraph (1) shall include a simplified application form that will permit expedited consideration of an application for a grant filed under this section.

(B)In processing applications for any water or waste grant or loan authorized under this chapter, the Secretary shall afford priority processing to an application for a grant under this section to the extent funds will be available for an award on the application at the conclusion of priority processing.

(C)The Secretary shall, to the maximum extent practicable, review and act on an application under this section within 60 days after the date on which the application is submitted to the Secretary.

(i)(1)(A)For each fiscal year, not less than 5 percent and not more than 7 percent of the total amount made available to carry out section 1926(a)(2) of this title for the fiscal year shall be reserved for grants under this section.

(B)(i)Funds reserved under subparagraph (A) for a fiscal year shall be reserved only until July 1 of the fiscal year.

(ii)Notwithstanding clause (i), in response to an eligible community where the drinking water supplies are inadequate, as determined by the Secretary, due to an event, including drought, severe weather, or contamination, the Secretary may use funds described in subparagraph (A) from July 1 through September 30 each fiscal year to provide potable water under this section in order to protect public health.

(2)In addition to funds made available under paragraph (1), there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2019 through 2023.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Water Pollution Control Act, referred to in subsec. (d)(1)(C), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see

Short Title

note set out under section 1251 of Title 33 and Tables. The Safe Drinking Water Act, referred to in subsec. (d)(1)(C), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A 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 201 of Title 42 and Tables. This chapter, referred to in subsec. (h)(2)(B), was in the original “this title”, meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see

Short Title

note set out under section 1921 of this title and Tables. Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2018—Subsec. (b)(1). Pub. L. 115–334, § 6407(a)(1), substituted “, particularly to projects to address contamination that—” for “; and” and added subpars. (A) and (B). Subsec. (d)(1)(D). Pub. L. 115–334, § 6407(a)(2), inserted before period at end “, other than those covered above for not to exceed 120 days when a more permanent solution is not feasible in a shorter time frame. Where drinking water supplies are inadequate due to an event, as determined by the Secretary, including drought, severe weather, or contamination, the Secretary may provide potable water for an additional period of time not to exceed an additional 120 days in order to protect public health”. Subsec. (e)(1)(B). Pub. L. 115–334, § 6407(a)(3), struck out “according to the most recent decennial census of the United States” before period at end. Subsec. (f)(1). Pub. L. 115–334, § 6407(a)(4), substituted “$1,000,000” for “$500,000”. Subsec. (i)(1)(A). Pub. L. 115–334, § 6407(a)(5)(A)(i), substituted “5 percent and not more than 7” for “3 nor more than 5”. Subsec. (i)(1)(B). Pub. L. 115–334, § 6407(a)(5)(A)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “Funds reserved under subparagraph (A) for a fiscal year shall be reserved only until July 1 of the fiscal year.” Subsec. (i)(2). Pub. L. 115–334, § 6407(a)(5)(B), substituted “$50,000,000 for each of fiscal years 2019 through 2023” for “$35,000,000 for each of fiscal years 2008 through 2018”. 2014—Subsec. (i)(2). Pub. L. 113–79 substituted “2018” for “2012”. 2008—Subsec. (i)(2). Pub. L. 110–246, § 6008, substituted “2008 through 2012” for “2003 through 2007”. 2002—Pub. L. 107–171, § 6009(1), inserted “and imminent” before “community water assistance” in section catchline. Subsec. (a)(1). Pub. L. 107–171, § 6009(2)(A), inserted “, or when such a decline is imminent” before semicolon at end. Subsec. (a)(2)(A). Pub. L. 107–171, § 6009(2)(B)(i), substituted “acute, or imminent,” for “acute”. Subsec. (a)(2)(B). Pub. L. 107–171, § 6009(2)(B)(ii), substituted “decline, or imminent decline,” for “decline”. Subsec. (c)(2). Pub. L. 107–171, § 6009(3), substituted “occurred, or will occur,” for “occurred”. Subsec. (d)(1). Pub. L. 107–171, § 6009(4), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “Grants made under this section may be used for waterline extensions from existing systems, laying of new waterlines, repairs, significant maintenance, digging of new wells, equipment replacement, hook and tap fees, and any other appropriate purpose associated with developing sources of, or treating, storing, or distributing water, and to assist communities in complying with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.).” Subsec. (f)(2). Pub. L. 107–171, § 6009(5), substituted “$150,000” for “$75,000”. Subsec. (h)(1). Pub. L. 107–171, § 6009(6)(A), substituted “decline, or imminent decline,” for “decline” in second sentence. Subsec. (h)(2). Pub. L. 107–171, § 6009(6)(B), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “The Secretary shall make every effort to review and act on applications within 60 days of the date that such applications are submitted.” Subsec. (i). Pub. L. 107–171, § 6009(7), added subsec. (i) and struck out heading and text of former subsec. (i). Text read as follows: “There are authorized to be appropriated to carry out this section $35,000,000 for each of fiscal years 1996 through 2002.” 1996—Subsec. (e)(1)(A). Pub. L. 104–127, § 742(1)(A), substituted “10,000” for “15,000”. Subsec. (e)(2). Pub. L. 104–127, § 742(1)(B), substituted “3,000” for “5,000”. Subsec. (i). Pub. L. 104–127, § 742(2), added subsec. (i) and struck out heading and text of former subsec. (i). Text read as follows: “There are authorized to be appropriated to carry out this section, $35,000,000 for each of the fiscal years 1990 and 1991, such sums to remain authorized until fully appropriated.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of this title. Implementation Pub. L. 101–82, title V, § 501(b), Aug. 14, 1989, 103 Stat. 585, provided that: “(1)

Regulations

.—The Secretary of Agriculture shall publish—“(A) interim final

Regulations

to carry out section 306A of the Consolidated Farm and Rural Development Act [7 U.S.C. 1926a] (as added by subsection (a) of this section) not later than 45 days after the date of enactment of this Act [Aug. 14, 1989]; and “(B) final

Regulations

to carry out section 306A of such Act not later than 90 days after the date of enactment of this Act. “(2) Funds.—“(A) Obligation.—The Secretary shall designate 70 percent of the funds made available for the first fiscal year for which appropriations are made under section 306A(i) of the Consolidated Farm and Rural Development Act not later than 5 months after the date such funds are appropriated. “(B) Release.—The Secretary may release funds prior to the issuance of final

Regulations

under paragraph (1)(B) for grants under section 306A(a)(1) of the Consolidated Farm and Rural Development Act.”

§1926a Emergency and imminent community water assistance grant program

Summary

Title 7, §1926a

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