43 U.S.C. § 3203 — Small water storage and groundwater

Page 671 TITLE 43—PUBLIC LANDS § 3203 (A) for a project authorized by an Act of Congress shall be determined in accordance with that Act; (B) for a project approved by Congress in accordance with section 4007 of the Water In- frastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) (including construction resulting from a fea- sibility study authorized under that Act) shall be as provided in that Act; and (C) for a project not described in subpara- graph (A) or (B)— (i) in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and (ii) in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project. (2) Federal benefits Before funding a project under this section, the Secretary shall determine that, in return for the Federal investment in the project, at least a proportionate share of the benefits are Federal benefits. (3) Reimbursability The reimbursability of Federal funding of projects under this section shall be in accord- ance with the reclamation laws. (c) Environmental laws In providing funding for a project under this section, the Secretary shall comply with all ap- plicable environmental laws, including the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (Pub. L. 117–58, div. D, title IX, § 40902, Nov. 15, 2021, 135 Stat. 1118.) Editorial Notes REFERENCES IN TEXT The Water Infrastructure Improvements for the Na- tion Act, referred to in subsec. (b)(1)(B), is Pub. L. 114–322, Dec. 16, 2016, 130 Stat. 1628, also known as the WIIN Act. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of Title 33, Navigation and Navigable Waters, and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (c), 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. § 3203. Small water storage and groundwater storage projects (a) Establishment of a competitive grant pro- gram for small water storage and ground- water storage projects The Secretary shall establish a competitive grant program, under which the non-Federal project sponsor of any project in a Reclamation State, including the State of Alaska or Hawaii, determined by the Secretary to be feasible under subsection (b)(2)(B) shall be eligible to apply for funding for the planning, design, and construc- tion of the project. (b) Eligibility and selection (1) Submission to the Secretary (A) In general A non-Federal project sponsor described in subsection (a) may submit to the Secretary a proposal for a project eligible to receive a grant under this section in the form of a completed feasibility study. (B) Eligible projects A project shall be considered eligible for consideration for a grant under this section if the project— (i) has water storage capacity of not less than 200 acre-feet and not more than 30,000 acre-feet; and (ii)(I) increases surface water or ground- water storage; or (II) conveys water, directly or indirectly, to or from surface water or groundwater storage. (C) Guidelines Not later than 60 days after November 15, 2021, the Secretary shall issue guidelines for feasibility studies for small storage projects to provide sufficient information for the for- mulation of the studies. (2) Review by the Secretary The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of determining whether— (A) the feasibility study, and the process under which the study was developed, each comply with Federal laws (including regula- tions) applicable to feasibility studies of small storage projects; (B) the project is technically and finan- cially feasible, in accordance with— (i) the guidelines developed under para- graph (1)(C); and (ii) the reclamation laws; and (C) the project provides a Federal benefit, as determined by the Secretary. (3) Submission to Congress Not later than 180 days after the date of re- ceipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Re- sources of the Senate and the Committee on Natural Resources of the House of Representa- tives a report that describes— (A) the results of the review of the study by the Secretary under paragraph (2), in- cluding a determination of whether the project is feasible and provides a Federal benefit; (B) any recommendations that the Sec- retary may have concerning the plan or de- sign of the project; and (C) any conditions the Secretary may re- quire for construction of the project. 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-