43 U.S.C. § 3202 — Water storage, groundwater storage, and

Page 670 TITLE 43—PUBLIC LANDS § 3202 and protection projects in accordance with section 2330c of title 33; (11) $100,000,000 for multi-benefit projects to improve watershed health in accordance with section 3207 of this title; and (12) $50,000,000 for endangered species recov- ery and conservation programs in the Colo- rado River Basin in accordance with— (A) Public Law 106–392 (114 Stat. 1602); (B) the Grand Canyon Protection Act of 1992 (Public Law 102–575; 106 Stat. 4669); and (C) subtitle E of title IX of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1327). (Pub. L. 117–58, div. D, title IX, § 40901, Nov. 15, 2021, 135 Stat. 1116.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, was in the original ‘‘this title’’, meaning title IX of div. D of Pub. L. 117–58, which is classified principally to this chapter. For complete classification of title IX of div. D of Pub. L. 117–58 to the Code, see Tables. The Reclamation Rural Water Supply Act of 2006, re- ferred to in par. (3), is title I of Pub. L. 109–451, Dec. 22, 2006, 120 Stat. 3346, which is classified generally to sub- chapter I (§ 2401 et seq.) of chapter 42 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of this title and Tables. The Reclamation Wastewater and Groundwater Study and Facilities Act, referred to in par. (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. Section 40908, referred to in par. (5)(B), is section 40908 of Pub. L. 117–58, div. D, title IX, Nov. 15, 2021, 135 Stat. 1126, which amended section 4(a) of Pub. L. 104–298, which is set out in a note under section 10301 of Title 42, The Public Health and Welfare. The Reclamation Safety of Dams Act of 1978, referred to in par. (6), is Pub. L. 95–578, Nov. 2, 1978, 92 Stat. 2471, which is classified principally to subchapter XI–A (§ 506 et seq.) of chapter 12 of this title. For complete classi- fication of this Act to the Code, see Short Title of 1978 Amendment note set out under section 506 of this title and Tables. The Colorado River Drought Contingency Plan Au- thorization Act, referred to in par. (8), is Pub. L. 116–14, Apr. 16, 2019, 133 Stat. 850, which is not classified to the Code. The Omnibus Public Land Management Act of 2009, referred to in pars. (9) and (12)(C), is Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 991. Subtitle A of title VI of the Act is classified generally to chapter 18A (§ 1015 et seq.) of Title 16, Conservation. Subtitle E of title IX of the Act is not classified to the Code. For complete classi- fication of this Act to the Code, see Tables. The Grand Canyon Protection Act of 1992, referred to in par. (12)(B), is Pub. L. 102–575, title XVIII, Oct. 30, 1992, 106 Stat. 4669, which is not classified to the Code. 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. § 3202. Water storage, groundwater storage, and conveyance projects (a) Eligibility for funding (1) Feasibility studies (A) In general A feasibility study shall only be eligible for funding under section 3201(1) of this title if— (i) the feasibility study has been author- ized by an Act of Congress before Novem- ber 15, 2021; (ii) Congress has approved funding for the feasibility study in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) before November 15, 2021; or (iii) the feasibility study is authorized under subparagraph (B). (B) Feasibility study authorizations The Secretary may carry out feasibility studies for the following projects: (i) The Verde Reservoirs Sediment Miti- gation Project in the State of Arizona. (ii) The Tualatin River Basin Project in the State of Oregon. (2) Construction A project shall only be eligible for construc- tion funding under section 3201(1) of this title if— (A) an Act of Congress enacted before No- vember 15, 2021, authorizes construction of the project; (B) Congress has approved funding for con- struction of the project in accordance with section 4007 of the Water Infrastructure Im- provements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322) before Novem- ber 15, 2021, except for any project for which— (i) Congress did not approve the rec- ommendation of the Secretary for funding under subsection (h)(2) of that section for at least 1 fiscal year before November 15, 2021; or (ii) State funding for the project was re- scinded by the State before November 15, 2021; or (C)(i) Congress has authorized or approved funding for a feasibility study for the project in accordance with clause (i) or (ii) of para- graph (1)(A) (except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible); and (ii) on completion of the feasibility study for the project, the Secretary— (I) finds the project to be technically and financially feasible in accordance with the reclamation laws; (II) determines that sufficient non-Fed- eral funding is available for the non-Fed- eral cost share of the project; and (III)(aa) finds the project to be in the public interest; and (bb) recommends the project for con- struction. (b) Cost-sharing requirement (1) In general The Federal share— 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.