--- kind: "section" citation: "33 U.S.C. § 1302e" title: "33" title_heading: "Navigation and Navigable Waters" number: "1302e" heading: "Connection to publicly owned treatment works" release: "119-102" url: "https://uscodex.org/usc/33/1302e" units: - "Chapter 26 — Water Pollution Prevention and Control" - "Subchapter II — Grants for Construction of Treatment Works" --- # §1302e. Connection to publicly owned treatment works - (a) **Definitions—** In this section: - (1) **Eligible entity—** The term “eligible entity” means— - (A) an owner or operator of a publicly owned [treatment works](/usc/33/1292.md?p=2-A) that assists or is seeking to assist low-income or moderate-income individuals with connecting the household of the individual to the publicly owned [treatment works](/usc/33/1292.md?p=2-A); or - (B) a nonprofit entity that assists low-income or moderate-income individuals with the costs associated with connecting the household of the individual to a publicly owned [treatment works](/usc/33/1292.md?p=2-A). - (2) **Program—** The term “program” means the competitive grant program established under [subsection (b)](#b). - (3) **Qualified individual—** The term “qualified individual” has the meaning given the term “eligible individual” in [section 1383(j) of this title](/usc/33/1383.md?p=j). - (b) **Establishment—** Subject to the availability of appropriations, the Administrator shall establish a competitive grant [program](#a-2) with the purpose of improving general welfare, under which the Administrator awards grants to [eligible entities](#a-1) to provide funds to assist [qualified individuals](#a-3) in covering the costs incurred by the [qualified individual](#a-3) in connecting the household of the [qualified individual](#a-3) to a publicly owned [treatment works](/usc/33/1292.md?p=2-A). - (c) **Application—** - (1) **In general—** An [eligible entity](#a-1) seeking a grant under the [program](#a-2) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may by regulation require. - (2) **Requirement—** Not later than 90 days after the date on which the Administrator receives an application from an [eligible entity](#a-1) under [paragraph (1)](#c-1), the Administrator shall notify the [eligible entity](#a-1) of whether the Administrator will award a grant to the [eligible entity](#a-1) under the [program](#a-2). - (d) **Selection criteria—** In selecting recipients of grants under the [program](#a-2), the Administrator shall use the following criteria: - (1) Whether the [eligible entity](#a-1) seeking a grant provides services to, or works directly with, [qualified individuals](#a-3). - (2) Whether the [eligible entity](#a-1) seeking a grant— - (A) has an existing [program](#a-2) to assist in covering the costs incurred in connecting a household to a publicly owned [treatment works](/usc/33/1292.md?p=2-A); or - (B) seeks to create a [program](#a-2) described in [subparagraph (A)](#d-2-A). - (e) **Requirements—** - (1) **Voluntary connection—** Before providing funds to a [qualified individual](#a-3) for the costs described in [subsection (b)](#b), an [eligible entity](#a-1) shall ensure that— - (A) the [qualified individual](#a-3) has connected to the publicly owned [treatment works](/usc/33/1292.md?p=2-A) voluntarily; and - (B) if the [eligible entity](#a-1) is not the owner or operator of the publicly owned [treatment works](/usc/33/1292.md?p=2-A) to which the [qualified individual](#a-3) has connected, the publicly owned [treatment works](/usc/33/1292.md?p=2-A) to which the [qualified individual](#a-3) has connected has agreed to the connection. - (2) **Reimbursements from publicly owned treatment works—** An [eligible entity](#a-1) that is an owner or operator of a publicly owned [treatment works](/usc/33/1292.md?p=2-A) may reimburse a [qualified individual](#a-3) that has already incurred the costs described in [subsection (b)](#b) by— - (A) reducing the amount otherwise owed by the [qualified individual](#a-3) to the owner or operator for wastewater or other services provided by the owner or operator; or - (B) providing a direct payment to the [qualified individual](#a-3). - (f) **Authorization of appropriations—** - (1) **In general—** There is authorized to be appropriated to carry out the [program](#a-2) $40,000,000 for each of fiscal years 2022 through 2026. - (2) **Limitations on use of funds—** - (A) **Small systems—** Of the amounts made available for grants under [paragraph (1)](#f-1), to the extent that there are sufficient applications, not less than 15 percent shall be used to make grants to— - (i) [eligible entities](#a-1) described in [subsection (a)(1)(A)](#a-1-A) that are owners and operators of publicly owned [treatment works](/usc/33/1292.md?p=2-A) that serve fewer than 3,300 people; and - (ii) [eligible entities](#a-1) described in [subsection (a)(1)(B)](#a-1-B) that provide the assistance described in that subsection in areas that are served by publicly owned [treatment works](/usc/33/1292.md?p=2-A) that serve fewer than 3,300 people. - (B) **Administrative costs—** Of the amounts made available for grants under [paragraph (1)](#f-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, § 227, as added Pub. L. 117–58, div. E, title II, § 50209, Nov. 15, 2021, 135 Stat. 1167.)