§ 1300. — Pilot program for alternative water source projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1300]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
Sec. 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 provisions of
section 1251(g) of this title.
(b) In general
The Administrator may establish a pilot program 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.
(c) 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.
(d) Selection of projects
(1) Limitation
A project that has received funds under the reclamation and
reuse program 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) Additional consideration
In making grants under this section, the Administrator shall
consider whether the project is located within the boundaries of a
State or area referred to in section 391 of title 43, and within the
geographic scope of the reclamation and reuse program conducted
under the Reclamation Projects Authorization and Adjustment Act of
1992 (43 U.S.C. 390h et seq.).
(3) Geographical distribution
Alternative water source projects selected by the Administrator
under this section shall reflect a variety of geographical and
environmental conditions.
(e) Committee resolution procedure
(1) In general
No appropriation shall be made for any alternative water source
project under this section, the total Federal cost of which exceeds
$3,000,000, if such project has not been approved by a resolution
adopted by the Committee on Transportation and Infrastructure of the
House of Representatives or the Committee on Environment and Public
Works of the Senate.
(2) Requirements for securing consideration
For purposes of securing consideration of approval under
paragraph (1), the Administrator shall provide to a committee
referred to in paragraph (1) such information as the committee
requests and the non-Federal sponsor shall provide to the committee
information on the costs and relative needs for the alternative
water source project.
(f) Uses of grants
Amounts from grants received under this section may be used for
engineering, design, construction, 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 rehabilitation.
(g) Cost sharing
The Federal share of the eligible costs of an alternative water
source project carried out using assistance made available under this
section shall not exceed 50 percent.
(h) Reports
On or before September 30, 2004, the Administrator shall transmit to
Congress a report on the 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) Definitions
In this section, the following definitions apply:
(1) Alternative water source project
The term ``alternative water source project'' means a project
designed to provide municipal, industrial, and agricultural water
supplies in an environmentally sustainable manner by conserving,
managing, reclaiming, or reusing water or wastewater or by treating
wastewater. 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 future water supply needs that cannot be met
by existing water supplies, as identified in a comprehensive
statewide or regional water supply plan or assessment projected over
a planning period of at least 20 years.
(j) Authorization of appropriations
There is authorized to be appropriated to carry out this section a
total of $75,000,000 for fiscal years 2002 through 2004. Such sums shall
remain available until expended.
(June 30, 1948, ch. 758, title II, Sec. 220, as added Pub. L. 106-457,
title VI, Sec. 602, Nov. 7, 2000, 114 Stat. 1975.)
References in Text
The Reclamation Projects Authorization and Adjustment Act of 1992,
referred to in subsec. (d)(1), (2), is Pub. L. 102-575, Oct. 30, 1992,
106 Stat. 4600, as amended. 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.
