43 USC 390h - Program to investigate reclamation and reuse of wastewater and groundwater; general authority

U.S Code last checked for updates: May 06, 2024

§ 390h.

Program to investigate reclamation and reuse of wastewater and groundwater; general authority

(a)

Program established

(b)

States included

(c)

Agreements and regulations

(d)

San Luis Unit of Central Valley Project, California

(e)

Authorization of new water recycling and reuse projects

(1)

Submission to the Secretary

(A)

In general

(B)

Eligible projects

A project shall be considered eligible for consideration under this section if the project reclaims and reuses—

(i)

municipal, industrial, domestic, or agricultural wastewater; or

(ii)

impaired ground or surface waters.

(C)

Guidelines

(2)

Review by the Secretary

The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of—

(A)

determining whether the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and

(B)

the project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws.

(3)

Submission to Congress

Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—

(A)

the results of the Secretary’s review of the study under paragraph (2), including a determination of whether the project is feasible;

(B)

any recommendations the Secretary may have concerning the plan or design of the project; and

(C)

any conditions the Secretary may require for construction of the project.

(4)

Eligibility for funding

(f)

Competitive grant program for the funding of water recycling and reuse projects

(1)

Establishment

(2)

Priority

When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph (3) and are located in an area that—

(A)

has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought at any time in the 4-year period before such funds are made available; or

(B)

was designated as a disaster area by a State during the 4-year period before such funds are made available.

(3)

Criteria

The project criteria referred to in paragraph (2) are the following:

(A)

Projects that are likely to provide a more reliable water supply for States and local governments.

(B)

Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies.

(C)

Projects that are regional in nature.

(D)

Projects with multiple stakeholders.

(E)

Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.

(g)

Authorization of appropriations

(1)

There is authorized to be appropriated to the Secretary of the Interior an additional $50,000,000 to remain available until expended.

(2)

Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to subsection (f) and transmits such recommendations to the appropriate committees of Congress.

(Pub. L. 102–575, title XVI, § 1602, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 106–566, title I, § 104(a), Dec. 23, 2000, 114 Stat. 2819; Pub. L. 114–322, title III, § 4009(c), Dec. 16, 2016, 130 Stat. 1868.)

cite as: 43 USC 390h