33 U.S.C. § 1300 — Pilot program for alternative water

Page 442 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1299 any treatment works the Administrator shall determine that the facilities plan of which such treatment works are a part constitutes the most economical and cost-effective combination of treatment works over the life of the project to meet the requirements of this chapter, includ- ing, but not limited to, consideration of con- struction costs, operation, maintenance, and re- placement costs. (c) Value engineering review In furtherance of the policy set forth in sub- section (a) of this section, the Administrator shall require value engineering review in con- nection with any treatment works, prior to ap- proval of any grant for the erection, building, acquisition, alteration, remodeling, improve- ment, or extension of such treatment works, in any case in which the cost of such erection, building, acquisition, alteration, remodeling, improvement, or extension is projected to be in excess of $10,000,000. For purposes of this sub- section, the term ‘‘value engineering review’’ means a specialized cost control technique which uses a systematic and creative approach to identify and to focus on unnecessarily high cost in a project in order to arrive at a cost sav- ing without sacrificing the reliability or effi- ciency of the project. (d) Projects affected This section applies to projects for waste treatment and management for which no treat- ment works including a facilities plan for such project have received Federal financial assist- ance for the preparation of construction plans and specifications under this chapter before De- cember 29, 1981. (June 30, 1948, ch. 758, title II, § 218, as added Pub. L. 97–117, § 19, Dec. 29, 1981, 95 Stat. 1630.) § 1299. State certification of projects Whenever the Governor of a State which has been delegated sufficient authority to admin- ister the construction grant program under this subchapter in that State certifies to the Admin- istrator that a grant application meets applica- ble requirements of Federal and State law for assistance under this subchapter, the Adminis- trator shall approve or disapprove such applica- tion within 45 days of the date of receipt of such application. If the Administrator does not ap- prove or disapprove such application within 45 days of receipt, the application shall be deemed approved. If the Administrator disapproves such application the Administrator shall state in writing the reasons for such disapproval. Any grant approved or deemed approved under this section shall be subject to amounts provided in appropriation Acts. (June 30, 1948, ch. 758, title II, § 219, as added Pub. L. 97–117, § 20, Dec. 29, 1981, 95 Stat. 1631.) § 1300. Pilot program for alternative water source projects (a) Policy Nothing in this section shall be construed to affect the application of section 1251(g) of this title and all of the provisions of this section shall be carried out in accordance with the pro- visions of section 1251(g) of this title. (b) Definitions In this section: (1) Alternative water source project The term ‘‘alternative water source project’’ means a project designed to provide munic- ipal, industrial, and agricultural water sup- plies in an environmentally sustainable man- ner by conserving, managing, reclaiming, or reusing water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes. Such term does not include water treatment or distribution facilities. (2) Critical water supply needs The term ‘‘critical water supply needs’’ means existing or reasonably anticipated fu- ture water supply needs that cannot be met by existing water supplies, as identified in a com- prehensive statewide or regional water supply plan or assessment projected over a planning period of at least 20 years. (c) Establishment The Administrator may establish a pilot pro- gram to make grants to State, interstate, and intrastate water resource development agencies (including water management districts and water supply authorities), local government agencies, private utilities, and nonprofit entities for alternative water source projects to meet critical water supply needs. (d) Eligible entity The Administrator may make grants under this section to an entity only if the entity has authority under State law to develop or provide water for municipal, industrial, and agricultural uses in an area of the State that is experiencing critical water supply needs. (e) Selection of projects (1) Limitation A project that has received construction funds under the reclamation and reuse pro- gram conducted under the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.) shall not be eligible for grant assistance under this section. (2) Geographical distribution Alternative water source projects selected by the Administrator under this section shall reflect a variety of geographical and environ- mental conditions. (f) Uses of grants Amounts from grants received under this sec- tion may be used for engineering, design, con- struction, and final testing of alternative water source projects designed to meet critical water supply needs. Such amounts may not be used for planning, feasibility studies or for operation, maintenance, replacement, repair, or rehabilita- tion. (g) Cost sharing The Federal share of the eligible costs of an alternative water source project carried out using assistance made available under this sec- tion shall not exceed 50 percent. (h) Reports On or before September 30, 2004, the Adminis- trator shall transmit to Congress a report on the Page 443 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1301 results of the pilot program established under this section, including progress made toward meeting the critical water supply needs of the participants in the pilot program. (i) 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, to remain avail- able until expended. (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. (June 30, 1948, ch. 758, title II, § 220, as added Pub. L. 106–457, title VI, § 602, Nov. 7, 2000, 114 Stat. 1975; amended Pub. L. 117–58, div. E, title II, § 50203, Nov. 15, 2021, 135 Stat. 1159.) Editorial Notes REFERENCES IN TEXT The Reclamation Projects Authorization and Adjust- ment Act of 1992, referred to in subsec. (e)(1), is Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4600. Provisions relating to the reclamation and reuse program are classified generally to section 390h et seq. of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 371 of Title 43 and Tables. AMENDMENTS 2021—Subsec. (b). Pub. L. 117–58, § 50203(6), redesig- nated subsec. (i) as (b). Former subsec. (b) redesignated (c). Pub. L. 117–58, § 50203(1), substituted ‘‘Establishment’’ for ‘‘In general’’ in heading. Subsec. (c). Pub. L. 117–58, § 50203(6), redesignated sub- sec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–58, § 50203(6), redesignated sub- sec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(1). Pub. L. 117–58, § 50203(2)(A), inserted ‘‘construction’’ before ‘‘funds’’. Subsec. (d)(2), (3). Pub. L. 117–58, § 50203(2)(B), (C), re- designated par. (3) as (2) and struck out former par. (2) which related to additional consideration regarding the location of a project. Subsec. (e). Pub. L. 117–58, § 50203(6), redesignated sub- sec. (d) as (e). Pub. L. 117–58, § 50203(3), struck out subsec. (e) which related to committee resolution procedure. Subsec. (i). Pub. L. 117–58, § 50203(6), redesignated sub- sec. (j) as (i). Former subsec. (i) redesignated (b). Pub. L. 117–58, § 50203(4)(A), struck out ‘‘, the fol- lowing definitions apply’’ before the semicolon in intro- ductory provisions. Subsec. (i)(1). Pub. L. 117–58, § 50203(4)(B), substituted ‘‘water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes’’ for ‘‘water or waste- water or by treating wastewater’’. Subsec. (j). Pub. L. 117–58, § 50203(6), redesignated sub- sec. (j) as (i). Former subsec. (i) redesignated (b). Pub. L. 117–58, § 50203(5), designated existing provi- sions as par. (1), inserted heading, substituted ‘‘$25,000,000 for each of fiscal years 2022 through 2026, to’’ for ‘‘a total of $75,000,000 for fiscal years 2002 through 2004. Such sums shall’’, and added par. (2). § 1301. Sewer overflow and stormwater reuse mu- nicipal grants (a) In general (1) Grants to States The Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of— (A) treatment works to intercept, trans- port, control, treat, or reuse municipal com- bined sewer overflows, sanitary sewer over- flows, or stormwater; (B) notification systems to inform the pub- lic of combined sewer or sanitary overflows that result in sewage being released into riv- ers and other waters; and (C) any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 1383(c) of this title. (2) Direct municipal grants Subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1). (b) Prioritization In selecting from among municipalities apply- ing for grants under subsection (a), a State or the Administrator shall give priority to an ap- plicant that— (1) is a municipality that is a financially dis- tressed community under subsection (c); (2) has implemented or is complying with an implementation schedule for the nine min- imum controls specified in the CSO control policy referred to in section 1342(q)(1) of this title and has begun implementing a long-term municipal combined sewer overflow control plan or a separate sanitary sewer overflow control plan; (3) is requesting a grant for a project that is on a State’s intended use plan pursuant to sec- tion 1386(c) of this title; or (4) is an Alaska Native Village. (c) Financially distressed community (1) Definition In subsection (b), the term ‘‘financially dis- tressed community’’ means a community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment. (2) Consideration of impact on water and sewer rates In determining if a community is a dis- tressed community for the purposes of sub- section (b), the State shall consider, among other factors, the extent to which the rate of growth of a community’s tax base has been historically slow such that implementing a plan described in subsection (b)(2) would result in a significant increase in any water or sewer rate charged by the community’s publicly owned wastewater treatment facility. (3) Information to assist States The Administrator may publish information to assist States in establishing affordability criteria under paragraph (1). (d) Cost-sharing (1) In general The Federal share of the cost of activities carried out using amounts from a grant made