43 U.S.C. § 3205 — Competitive grant program for large-scale

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.); Page 674 TITLE 43—PUBLIC LANDS § 3206 (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 Fa- cilities Act (43 U.S.C. 390h(e)). (g) Environmental laws In providing a grant for an eligible project under the program, 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.). (h) Guidance Not later than 1 year after November 15, 2021, the Secretary shall issue guidance on the imple- mentation of the program, including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities. (i) Reports (1) Annual report At the end of each fiscal year, the Secretary shall make available on the website of the De- partment 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) Comptroller general (A) Assessment The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with re- spect to the funding of grants under this sec- tion. (B) Report 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 Re- sources of the Senate and the Committee on Natural Resources of the House of Rep- resentatives 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 ap- plicable. (j) Treatment of conveyance The Secretary shall consider the planning, de- sign, and construction of a conveyance system for an eligible project to be eligible for grant funding under the program. (k) 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, § 40905, Nov. 15, 2021, 135 Stat. 1122.) 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, re- ferred 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 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. 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. § 3206. Drought contingency plan funding re- quirements (a) In general Funds made available under section 3201(8) of this title for use in the Lower Colorado River Basin may be used for projects— (1) to establish or conserve recurring Colo- rado River water that contributes to supplies in Lake Mead and other Colorado River water reservoirs in the Lower Colorado River Basin; or (2) to improve the long-term efficiency of op- erations in the Lower Colorado River Basin. (b) Limitation None of the funds made available under sec- tion 3201(8) of this title may be used for the op- eration of the Yuma Desalting Plant. (c) Effect Nothing in section 3201(8) of this title limits existing or future opportunities to augment the water supplies of the Colorado River. (Pub. L. 117–58, div. D, title IX, § 40906, Nov. 15, 2021, 135 Stat. 1124.) 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. § 3207. Multi-benefit projects to improve water- shed health (a) Definition of eligible applicant In this section, the term ‘‘eligible applicant’’ means— (1) a State; (2) a Tribal or local government; (3) an organization with power or water de- livery authority; (4) a regional authority; or (5) a nonprofit conservation organization. (b) Establishment of competitive grant program Not later than 1 year after November 15, 2021, the Secretary, in consultation with the heads of