Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 300j: National assistance program for water infrastructure and watersheds

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The Administrator of the Environmental Protection Agency may provide technical and financial assistance in the form of grants to States (1) for the construction, rehabilitation, and improvement of water supply systems, and (2) consistent with nonpoint source management programs established under section 1329 of title 33 , for source water quality protection programs to address pollutants in navigable waters for the purpose of making such waters usable by water supply systems. Not more than 30 percent of the amounts appropriated to carry out this section in a fiscal year may be used for source water quality protection programs described in subsection (a)(2). As a condition to receiving assistance under this section, a State shall ensure that such assistance is carried out in the most cost-effective manner, as determined by the State. There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 1997 through 2003. Such sums shall remain available until expended. In addition to amounts authorized under paragraph (1), there are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 1997 through 2003, provided that such authorization shall be in effect for a fiscal year only if at least 75 percent of the total amount of funds authorized to be appropriated for such fiscal year by section 300j–12(m) of this title are appropriated. Assistance provided with funds made available under this section may be used for the acquisition of lands and other interests in lands; however, nothing in this section authorizes the acquisition of lands or other interests in lands from other than willing sellers. The Federal share of the cost of activities for which grants are made under this section shall be 50 percent. The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The term “water supply system” means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves at least 25 individuals and a draw and fill system for the provision to the public of water for human consumption. Such term does not include a system owned by a Federal agency. Such term includes (A) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (B) any collection or pretreatment facilities not under such control that are used primarily in connection with such system. The Administrator of the Environmental Protection Agency (referred to in this section as the ‘Administrator’) shall carry out a program to implement eligible projects described in subsection (b). that is on a reservation (as defined in section 3 of the Indian Financing Act of 1974 ( 25 U.S.C. 1452 )) that serves a federally recognized Indian Tribe; and improve water quality, water pressure, or water services through means such as connecting to, expanding, repairing, improving, or obtaining water from a public water system (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f )); or improve water quality or sanitation or wastewater services at a treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 )). 10 eligible projects described in subsection (b) that are within the Upper Missouri River Basin; 10 eligible projects described in subsection (b) that are within the Upper Rio Grande Basin; 10 eligible projects described in subsection (b) that are within the Columbia River Basin; 10 eligible projects described in subsection (b) that are within the Lower Colorado River Basin; and 10 eligible projects described in subsection (b) that are within the Arkansas-White-Red River Basin. In carrying out paragraph (1)(A), the Administrator shall select not fewer than 2 eligible projects for a reservation that serves more than 1 federally recognized Indian Tribe. respond to emergency situations occurring due to or resulting in a lack of access to clean drinking water that threatens the health of Tribal populations; would serve a Tribal population that would qualify as a disadvantaged community based on the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d)(3) ); or an enforcement action commenced pursuant to the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.) against the applicable public water system (as defined in section 1401 of that Act ( 42 U.S.C. 300f )) as of the date of enactment of this subparagraph [ Nov. 15, 2021 ]; or an enforcement action commenced pursuant to the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.) against the applicable treatment works (as defined in section 212 of that Act ( 33 U.S.C. 1292 )) as of the date of enactment of this subparagraph. The Federal share of the cost of a project carried out under this section shall be 100 percent. Not later than 2 years after the date of enactment of this subsection [ Nov. 15, 2021 ], the Administrator shall submit to Congress a report that describes the implementation of the program established under subsection (a), which shall include a description of the use and deployment of amounts made available under that program. $20,000,000 for each of fiscal years 2019 through 2021; and $50,000,000 for each of fiscal years 2022 through 2026.”

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