43 U.S.C. § 3204 — Critical maintenance and repair

Page 672 TITLE 43—PUBLIC LANDS § 3204 (4) Eligibility for funding (A) In general The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligi- ble to apply to the Secretary for a grant to cover the Federal share of the costs of plan- ning, designing, and constructing the project pursuant to subsection (c). (B) Required determination Prior to awarding grants to a small stor- age project, the Secretary shall determine whether there is sufficient non-Federal fund- ing available to complete the project. (5) Priority In awarding grants to projects under this section, the Secretary shall give priority to projects that meet 1 or more of the following criteria: (A) Projects that are likely to provide a more reliable water supply for States, Indian Tribes, and local governments, including subdivisions of those entities. (B) Projects that are likely to increase water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agen- cies. (C) Projects that are regional in nature. (D) Projects with multiple stakeholders. (E) Projects that provide multiple bene- fits, including water supply reliability, eco- system benefits, groundwater management and enhancements, and water quality im- provements. (c) Ceiling on Federal share The Federal share of the costs of each of the individual projects selected under this section shall not exceed the lesser of— (1) 25 percent of the total project cost; or (2) $30,000,000. (d) Environmental laws In providing funding for a grant for a project under this section, the Secretary shall comply with all applicable environmental laws, includ- ing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Termination of authority The authority to carry out this section termi- nates on the date that is 5 years after November 15, 2021. (Pub. L. 117–58, div. D, title IX, § 40903, Nov. 15, 2021, 135 Stat. 1119; Pub. L. 117–328, div. CC, § 105, Dec. 29, 2022, 136 Stat. 5574.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (d), 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 Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2022—Subsec. (b)(1)(B)(i). Pub. L. 117–328 substituted ‘‘200’’ for ‘‘2,000’’. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For 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 au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. § 3204. Critical maintenance and repair (a) Critical failure at a reserved or transferred work (1) In general A reserved or transferred work shall only be eligible for funding under section 3201(2)(A) of this title if— (A) construction of the reserved or trans- ferred work began on or before January 1, 1915; and (B) a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2- year period ending on November 15, 2021, that resulted in the failure to deliver water to project beneficiaries. (2) Use of funds Rehabilitation, repair, and replacement ac- tivities for a transferred or reserved work using amounts made available under section 3201(2)(A) of this title may be used for the en- tire transferred or reserved work, regardless of whether the critical failure was limited to a single project of the overall work. (3) Nonreimbursable funds Notwithstanding section 510b(b) of this title, amounts made available to a reserved or transferred work under section 3201(2)(A) of this title shall be nonreimbursable to the United States. (b) Carey Act projects The Secretary shall use amounts made avail- able under section 3201(2)(B) of this title to fund the rehabilitation, reconstruction, or replace- ment of a dam— (1) the construction of which began on or after January 1, 1905; (2) that was developed pursuant to section 4 of the Act of August 18, 1894 (commonly known as the ‘‘Carey Act’’) (43 U.S.C. 641; 28 Stat. 422, chapter 301); (3) that the Governor of the State in which the dam is located has— (A) determined the dam has reached its useful life; (B) determined the dam poses significant health and safety concerns; and (C) requested Federal support; and (4) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000. (Pub. L. 117–58, div. D, title IX, § 40904, Nov. 15, 2021, 135 Stat. 1121.) Editorial Notes REFERENCES IN TEXT The Carey Act, referred to in subsec. (b)(2), is Aug. 18, 1894, ch. 301, § 4, 28 Stat. 422, which is classified to sec- Page 673 TITLE 43—PUBLIC LANDS § 3205 tion 641 of this title. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For 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 au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. § 3205. Competitive grant program for large-scale water recycling and reuse program (a) Definitions In this section: (1) Eligible entity The term ‘‘eligible entity’’ means— (A) a State, Indian Tribe, municipality, ir- rigation 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 or- ganizations with water or power delivery au- thority; or (C) an agency established under State law for the joint exercise of powers or a com- bination of entities described in subpara- graphs (A) and (B). (2) Eligible project The term ‘‘eligible project’’ means a project described in subsection (c). (3) Program The term ‘‘program’’ means the grant pro- gram established under subsection (b). (4) Reclamation State The term ‘‘Reclamation State’’ means a State or territory described in the first sec- tion of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093). (b) Establishment The Secretary shall establish a program to provide grants to eligible entities on a competi- tive basis for the planning, design, and construc- tion 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) Eligible project A project shall be eligible for a grant under this section if the project— (1) reclaims and reuses— (A) municipal, industrial, domestic, or ag- ricultural 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) Project evaluation The Secretary may provide a grant to an eligi- ble project under the program if— (1) the eligible entity determines through the preparation of a feasibility study or equiv- alent study, and the Secretary concurs, that the eligible project— (A) is technically and financially feasible; (B) provides a Federal benefit in accord- ance with the reclamation laws; and (C) is consistent with applicable Federal and State laws; (2) the eligible entity has sufficient non-Fed- eral 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 deter- minations under paragraph (1) with respect to the eligible project, the Secretary submits to Congress written notice of the determinations. (e) Priority In providing grants to eligible projects under the program, the Secretary shall give priority to eligible projects that meet 1 or more of the fol- lowing 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 measur- able reductions in water diversions from im- periled ecosystems. (3) The eligible project would advance water management plans across a multi-State area, such as drought contingency plans in the Colo- rado River Basin. (4) The eligible project is regional in nature. (5) The eligible project is collaboratively de- veloped or supported by multiple stakeholders. (f) Federal assistance (1) Federal cost share 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 eligi- ble project. (2) Total dollar cap The Secretary shall not impose a total dol- lar cap on Federal contributions for all eligi- ble individual projects provided a grant under the program. (3) Nonreimbursable funds Any funds provided by the Secretary to an eligible entity under the program shall be con- sidered nonreimbursable. (4) Funding eligibility An eligible project shall not be considered ineligible for assistance under the program be- cause the eligible project has received assist- ance under— (A) the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.);