Title 33, Navigation and Navigable WatersRelease 119-110

§1302a Clean Water Infrastructure Resiliency and Sustainability Program

Title 33 › CHAPTER 26 — WATER POLLUTION PREVENTION AND CONTROL › SUBCHAPTER II — GRANTS FOR CONSTRUCTION OF TREATMENT WORKS › § 1302a

Last updated Sep 22, 2026|Official source

Summary

The EPA must set up a Clean Water Infrastructure Resilience and Sustainability Program to give grants to cities, towns, and state or regional government agencies. If money is provided by Congress, the grants pay for planning, design, or building work to make publicly owned wastewater systems stronger against natural hazards (like extreme weather, sea-level rise, or drought) and against cybersecurity threats. Projects can include water conservation and efficiency, better watershed and stormwater management (including green infrastructure and reuse), moving or fixing at-risk parts of the system, projects to address cyber or hazard risks, and better energy efficiency or renewable energy use. To get a grant, an applicant must describe the project, show the area’s hazard or cyber risk with government documentation, note recent related problems, and explain how the project will improve resilience. Grants normally cover up to 75% of project costs. They can cover up to 90% for communities with fewer than 10,000 people or that meet a State’s affordability rules under section 1383(i)(2); the EPA may waive the match and cover 100% for those projects. Projects must follow the rules in section 1388. The EPA must report to Congress on program grants no later than 2 years after November 15, 2021. Congress may appropriate $25,000,000 for each fiscal year 2022 through 2026, and no more than 2% of those funds may be used for EPA administrative costs.

Full Legal Text

Title 33, §1302a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Eligible entity

(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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1302a

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110