Title 33 — Navigation and Navigable Waters
Chapter 26 — Water Pollution Prevention and Control
§ 1300. Pilot program for alternative water source projects
Statutory text
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.
Definitions
In this section:
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, 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.
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.
Establishment
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.
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.
Selection of projects
Limitation
A project that has received construction 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.
Geographical distribution
Alternative water source projects selected by the Administrator under this section shall reflect a variety of geographical and environmental conditions.
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.
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.
Reports
On or before , 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.
Authorization of appropriations
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 available until expended.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Alternative Water Sources Act of 2000
Pub. L. 106–457 title VI § 602 · 114 Stat. 1957
Enacted · 33 U.S.C. § 1300
June 30, 1948, ch. 758, title II, § 220, as added Pub. L. 106–457, title VI, § 602, Nov. 7, 2000, 114 Stat. 1975
Source evidence
Code source credit
June 30, 1948, ch. 758, title II, § 220, as added Pub. L. 106–457, title VI, § 602, Nov. 7, 2000, 114 Stat. 1975Enacted provision · exact public law section
SEC. 602. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: “SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS. “(a) Policy.— Nothing in this section shall be construed to affect the application of section 101(g) of this Act and all of the provisions of this section shall be carried out in accordance with the provisions of section 101(g). “(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 1 of the Reclamation Act of June 17, 1902 (32 Stat. 385), 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.”.Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(6) · 135 Stat. 429
Redesignated · 33 U.S.C. § 1300(b)
Pub. L. 117–58, § 50203(6), redesignated subsec. (i) as (b). Former subsec. (b) redesignated (c)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–58, § 50203(6), redesignated subsec. (i) as (b). Former subsec. (b) redesignated (c).Enacted provision · exact public law section
(6) by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order.Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(1) · 135 Stat. 429
Substituted · 33 U.S.C. § 1300(b)
Pub. L. 117–58, § 50203(1), substituted “Establishment” for “In general” in heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–58, § 50203(1), substituted “Establishment” for “In general” in heading.Enacted provision · exact public law section
(1) in subsection (b), in the heading, by striking “In General” and inserting “Establishment”;Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(6) · 135 Stat. 429
Redesignated · 33 U.S.C. § 1300(c)
Pub. L. 117–58, § 50203(6), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–58, § 50203(6), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).Enacted provision · exact public law section
(6) by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order.Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(6) · 135 Stat. 429
Redesignated · 33 U.S.C. § 1300(d)
Pub. L. 117–58, § 50203(6), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 117–58, § 50203(6), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).Enacted provision · exact public law section
(6) by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order.Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(2)(A) · 135 Stat. 429
Inserted · 33 U.S.C. § 1300(d)(1)
Pub. L. 117–58, § 50203(2)(A), inserted “construction” before “funds”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 117–58, § 50203(2)(A), inserted “construction” before “funds”.Enacted provision · exact public law section
(A) in paragraph (1), by inserting “construction” before “funds”;Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(2)(B) · 135 Stat. 429
Redesignated · 33 U.S.C. § 1300(d)(2); 33 U.S.C. § 1300(d)(3)
Pub. L. 117–58, § 50203(2)(B), (C), redesignated par. (3) as (2)
Struck · 33 U.S.C. § 1300(d)(2); 33 U.S.C. § 1300(d)(3)
Pub. L. 117–58, § 50203(2)(B), (C), struck out former par. (2) which related to additional consideration regarding the location of a project
Source evidence
Code amendment note
Subsec. (d)(2), (3). Pub. L. 117–58, § 50203(2)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which related to additional consideration regarding the location of a project.Enacted provision · exact public law section
(B) by striking paragraph (2); andDrinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(6) · 135 Stat. 429
Redesignated · 33 U.S.C. § 1300(e)
Pub. L. 117–58, § 50203(6), redesignated subsec. (d) as (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–58, § 50203(6), redesignated subsec. (d) as (e).Enacted provision · exact public law section
(6) by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order.Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(3) · 135 Stat. 429
Struck · 33 U.S.C. § 1300(e)
Pub. L. 117–58, § 50203(3), struck out subsec. (e) which related to committee resolution procedure
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–58, § 50203(3), struck out subsec. (e) which related to committee resolution procedure.Enacted provision · exact public law section
(3) by striking subsection (e);Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(6) · 135 Stat. 429
Redesignated · 33 U.S.C. § 1300(i)
Pub. L. 117–58, § 50203(6), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (b)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 117–58, § 50203(6), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (b).Enacted provision · exact public law section
(6) by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order.Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(4)(A) · 135 Stat. 429
Struck · 33 U.S.C. § 1300(i)
Pub. L. 117–58, § 50203(4)(A), struck out “, the following definitions apply” before the semicolon in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–58, § 50203(4)(A), struck out “, the following definitions apply” before the semicolon in introductory provisions.Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by striking “, the following definitions apply”; andDrinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(4)(B) · 135 Stat. 429
Substituted · 33 U.S.C. § 1300(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 wastewater or by treating wastewater”
Source evidence
Code amendment note
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 wastewater or by treating wastewater”.Enacted provision · exact public law section
(B) in paragraph (1), in the first sentence, by striking “water or wastewater or by treating wastewater” and inserting “water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes”;Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(6) · 135 Stat. 429
Redesignated · 33 U.S.C. § 1300(j)
Pub. L. 117–58, § 50203(6), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (b)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 117–58, § 50203(6), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (b).Enacted provision · exact public law section
(6) by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order.Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50203(5) · 135 Stat. 429
Amended · 33 U.S.C. § 1300(j)
Pub. L. 117–58, § 50203(5), designated existing provisions as par. (1)
Inserted · 33 U.S.C. § 1300(j)
Pub. L. 117–58, § 50203(5), inserted heading
Substituted · 33 U.S.C. § 1300(j)
Pub. L. 117–58, § 50203(5), 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”
Added · 33 U.S.C. § 1300(j)
Pub. L. 117–58, § 50203(5), added par. (2)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–58, § 50203(5), designated existing provisions 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).Enacted provision · exact public law section
(5) in subsection (j)— (A) in the first sentence, by striking “There is” and inserting the following: “(1) In general.— There is” ; (B) in paragraph (1) (as so designated), by striking “a total of $75,000,000 for fiscal years 2002 through 2004. Such sums shall” and inserting “$25,000,000 for each of fiscal years 2022 through 2026, to”; and (C) by adding at the end the following: “(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.” ; and
18 of 18 references resolved to an enrolled provision
Editorial Notes
References in Text
The Reclamation Projects Authorization and Adjustment Act of 1992, referred to in subsec. (e)(1), is Pub. L. 102–575, , 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), redesignated 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 subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 117–58, § 50203(6), redesignated subsec. (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), redesignated 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 subsec. (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 subsec. (j) as (i). Former subsec. (i) redesignated (b).
Pub. L. 117–58, § 50203(4)(A), struck out “, the following definitions apply” before the semicolon in introductory 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 wastewater or by treating wastewater”.
Subsec. (j). Pub. L. 117–58, § 50203(6), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (b).
Pub. L. 117–58, § 50203(5), designated existing provisions 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).
Credits
1948–2021 · 2 acts
- 1948June 30, 1948, ch. 758, title II, § 220, as added Pub. L. 106–457, title VI, § 602, , 114 Stat. 1975
- 2021amended Pub. L. 117–58, div. E, title II, § 50203, , 135 Stat. 1159.
Show as published
(June 30, 1948, ch. 758, title II, § 220, as added Pub. L. 106–457, title VI, § 602, , 114 Stat. 1975; amended Pub. L. 117–58, div. E, title II, § 50203, , 135 Stat. 1159.)