---
kind: "section"
citation: "33 U.S.C. § 1302a"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1302a"
heading: "Clean water infrastructure resiliency and sustainability program"
release: "119-102"
url: "https://uscodex.org/usc/33/1302a"
units:
  - "Chapter 26 — Water Pollution Prevention and Control"
  - "Subchapter II — Grants for Construction of Treatment Works"
---

# §1302a. Clean water infrastructure resiliency and sustainability program

- (a) **Definitions—** In this section:
  - (1) **Eligible entity—** The term “eligible entity” means—
    - (A) a [municipality](/usc/33/1362.md?p=4); or
    - (B) an intermunicipal, interstate, or [State](/usc/33/1362.md?p=3) agency.
  - (2) **Natural hazard—** The term “natural hazard” means a hazard caused by natural forces, including extreme weather events, sea-level rise, and extreme drought conditions.
  - (3) **Program—** The term “program” means the clean water infrastructure resilience and sustainability program established under [subsection (b)](#b).
- (b) **Establishment—** Subject to the availability of appropriations, the Administrator shall establish a clean water infrastructure resilience and sustainability [program](#a-3) under which the Administrator shall award grants to [eligible entities](#a-1) for the purpose of increasing the resilience of publicly owned [treatment works](/usc/33/1292.md?p=2-A) to a [natural hazard](#a-2) or cybersecurity vulnerabilities.
- (c) **Use of funds—** An [eligible entity](#a-1) that receives a grant under the [program](#a-3) shall use the grant funds for planning, designing, or constructing projects (on a [system](/usc/33/3602.md?p=8)-wide or area-wide basis) that increase the resilience of a publicly owned [treatment works](/usc/33/1292.md?p=2-A) to a [natural hazard](#a-2) or cybersecurity vulnerabilities through—
  - (1) the conservation of water;
  - (2) the enhancement of water use efficiency;
  - (3) the enhancement of wastewater and stormwater management by increasing watershed preservation and protection, including through the use of—
    - (A) natural and engineered [green infrastructure](/usc/33/1362.md?p=27); and
    - (B) reclamation and reuse of wastewater and stormwater, such as aquifer recharge zones;
  - (4) the modification or relocation of an existing publicly owned [treatment works](/usc/33/1292.md?p=2-A), conveyance, or [discharge](/usc/33/1362.md?p=16) [system](/usc/33/3602.md?p=8) component that is at risk of being significantly impaired or damaged by a [natural hazard](#a-2);
  - (5) the development and implementation of projects to increase the resilience of publicly owned [treatment works](/usc/33/1292.md?p=2-A) to a [natural hazard](#a-2) or cybersecurity vulnerabilities, as applicable; or
  - (6) the enhancement of energy efficiency or the use and generation of recovered or renewable energy in the management, treatment, or conveyance of wastewater or stormwater.
- (d) **Application—** To be eligible to receive a grant under the [program](#a-3), an [eligible entity](#a-1) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including—
  - (1) a proposal of the project to be planned, designed, or constructed using funds under the [program](#a-3);
  - (2) an identification of the [natural hazard](#a-2) risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, to be addressed by the proposed project;
  - (3) documentation prepared by a Federal, [State](/usc/33/1362.md?p=3), regional, or local government agency of the [natural hazard](#a-2) risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, of the area where the proposed project is to be located;
  - (4) a description of any recent [natural hazard](#a-2) risk of the area where the proposed project is to be located or potential cybersecurity vulnerabilities that have affected the publicly owned [treatment works](/usc/33/1292.md?p=2-A);
  - (5) a description of how the proposed project would improve the performance of the publicly owned [treatment works](/usc/33/1292.md?p=2-A) under an anticipated [natural hazard](#a-2) or [natural hazard](#a-2) risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable; and
  - (6) an explanation of how the proposed project is expected to enhance the resilience of the publicly owned [treatment works](/usc/33/1292.md?p=2-A) to a [natural hazard](#a-2) risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable.
- (e) **Grant amount and other Federal requirements—**
  - (1) **Cost share—** Except as provided in [paragraph (2)](#e-2), a grant under the [program](#a-3) shall not exceed 75 percent of the total cost of the proposed project.
  - (2) **Exception—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#e-2-B), a grant under the [program](#a-3) shall not exceed 90 percent of the total cost of the proposed project if the project serves a community that—
      - (i) has a population of fewer than 10,000 individuals; or
      - (ii) meets the affordability criteria established by the [State](/usc/33/1362.md?p=3) in which the community is located under [section 1383(i)(2) of this title](/usc/33/1383.md?p=i-2).
    - (B) **Waiver—** At the discretion of the Administrator, a grant for a project described in [subparagraph (A)](#e-2-A) may cover 100 percent of the total cost of the proposed project.
  - (3) **Requirements—** The requirements of [section 1388 of this title](/usc/33/1388.md) shall apply to a project funded with a grant under the [program](#a-3).
- (f) **Report—** Not later than 2 years after November 15, 2021, the Administrator shall submit to Congress a report that describes the implementation of the [program](#a-3), which shall include an accounting of all grants awarded under the [program](#a-3), including a description of each grant recipient and each project funded using a grant under the [program](#a-3).
- (g) **Authorization of appropriations—**
  - (1) **In general—** There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026.
  - (2) **Limitation on use of funds—** Of the amounts made available for grants under [paragraph (1)](#g-1), not more than 2 percent may be used to pay the administrative costs of the Administrator.

## Source credit

(June 30, 1948, ch. 758, title II, § 223, as added Pub. L. 117–58, div. E, title II, § 50205, Nov. 15, 2021, 135 Stat. 1162.)