Reclamation Wastewater and Groundwater Study and
Facilities Act, Title XVI, Public Law 102-575, as amended; Reclamation
Recycling and Water Conservation Act of 1996, Public Law 104-266; Oregon
Public Lands Transfer and Protection Act of 1998, Public Law 105-321;
Consolidated Appropriation Act of 2000, Public Law 106-544; Hawaii Water
Resources Act of 2000, Public Law 106-566.
This Title gives Reclamation general authority to
conduct appraisal and feasibility studies on water reclamation and reuse
projects. It also provides general authority for research and demonstration
programs to test water reclamation and reuse technologies. Reclamation may
also participate in construction of reuse projects after congressional
authorization of the project. The original Act provided authority to
participate in the design and construction of five specific projects in
California and Arizona. The 1996 Act authorized 16 additional recycling
projects and 2 desalination demonstration projects, and the 1998 Act and 2000
Act, Public Law 106-554, authorized one additional recycling project each.
TYPES OF ASSISTANCE:
Formula Grants. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
Reclamation is restricted by law to activities in the 17
Western States, unless otherwise authorized by Congress, as was done by Public
Law 106-566, which extended Reclamation's authority to conduct Title XVI
investigations to include Hawaii. The nonfederal sponsor must complete a
feasibility study, including NEPA (National Environmental Policy Act)
compliance, complete a cost-share agreement with Reclamation, and furnish a
statement of financial capability of the project sponsor to fund the
nonfederal share to Reclamation prior to receiving construction appropriations
from Congress for the Federal cost share. Operation and Maintenance (O&M)
costs for the constructed project must be furnished by the nonfederal sponsor.
Federal contributions for demonstration projects that exceed 25 percent of the
cost cannot be made unless the Secretary (of the Interior) determines that the
project is not feasible without such Federal contribution. Although the Act
provides that Reclamation may furnish up to 50 percent of O&M costs for
demonstration projects, it is Reclamation policy not to provide funds for this
purpose.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: A
legally organized nonfederal entity to sponsor the project is required, such
as an irrigation district or a municipality. The applicant must be able to
furnish the nonfederal cost share and be able to assume the operation and
maintenance of the project upon completion of construction. Research projects
may also be undertaken by colleges and universities and architectural and
engineering firms.
Beneficiary Eligibility: A
legally organized nonfederal entity such as an irrigation district or an
organization within a municipality, such as the water department.
Credentials/Documentation:
A feasibility report must be completed, either by the nonfederal sponsor alone
or with the assistance of the Federal government. A statement of financial
capability by the nonfederal sponsor must be provided to Reclamation. This
statement demonstrates the capability of the sponsor to fund its portion of
the feasibility report, its share of construction costs, and the ability to
fund and assume responsibility for the operation and maintenance of the
completed project. A cost-share agreement must be completed with Reclamation
before funds can be requested for appropriation for construction.
Pre-application Coordination:
An environmental impact assessment or environmental impact statement may be
required. This program is excluded from coverage under E.O. 12372. It is
recommended Nonfederal entities contact the appropriate Reclamation office to
discuss the processes and procedures for participation.
Application Procedure: The
standard application forms furnished by the Federal agency and required by 43
CFR Part 12, Subparts C through F, must be used for this program. The required
documents must be furnished to Reclamation prior to authorization for
construction. Upon satisfactory completion of these documents, Reclamation may
seek authorization for the project and initiate appropriation requests.
Reclamation has limited funding authority for this program, therefore requests
for project construction authority may be delayed until a funding request can
be made that is within the authorized limit.
Award Procedure: After
funds are appropriated, Reclamation will complete the necessary paperwork to
transfer funds.
Deadlines: None.
Range of Approval/Disapproval Time:
Authorization of a project and appropriation of funds for its construction are
dictated by the schedule of Congress with respect to appropriating funds.
Because of the limitation on the ability of Reclamation to request funding for
this program, delay can be anticipated in requesting funds for construction.
Depending on the number of requests for funding, this delay could be several
years.
Appeals: Not applicable.
Renewals: Continuation of
funding from one fiscal year to the next to complete a project is at the
discretion of the Congress.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Appraisal level studies are non-reimbursable, that is, if the Federal
government either completes or participates in an appraisal study, its funding
requirements are non-reimbursable. Reclamation can cost share up to 50 percent
of the cost of a feasibility study with the nonfederal sponsor supplying the
balance. Environmental compliance costs are considered to be part of the
planning costs and are cost shared accordingly. If the project proceeds to
construction, the Federal share of planning becomes part of the total project
cost. Reclamation may furnish up to 25 percent of the total project cost up to
a maximum of $20 million per project. The balance of the construction cost
must be furnished by the nonfederal sponsor. The entire O&M cost for the
project must be borne by the nonfederal sponsor. Ownership of the completed
facilities is with the sponsor.
Length and Time Phasing of Assistance:
There are no time restrictions placed on the use of the funds and the funds
have generally been made available periodically throughout the year on a
reimbursable basis. A schedule is planned between Reclamation and the
recipient when the cost share agreement is arranged. However, this schedule
can be impacted by funds availability during the year.
POST ASSISTANCE REQUIREMENTS:
Reports: Reporting
requirements are as prescribed by 43 CFR 12, Subparts C through F.
Audits: In accordance with
the provisions of OMB Circular No. A- 133 (Revised, June 24, 1997),
"Audits of States, Local Governments, and Non-Profit Organizations,"
nonfederal entities that expend financial assistance of $300,000 or more in
Federal awards will have a single or a program-specific audit conducted for
that year. Nonfederal entities that expend less than $300,000 a year in
Federal awards are exempt from Federal audit requirements for that year,
except as noted in Circular No. A-133.
Records: The required
records will be specified as part of the audit procedure discussed above.
FINANCIAL INFORMATION:
Account Identification:
14-0680-0-1-301.
Obligations: (Grants) FY 01
$30,627,000; FY 02 est $36,040,000; FY 03 est $17,750,000.
Range and Average of Financial Assistance:
Construction funding is limited to 25 percent of the total project cost or $20
million per project, which ever is less.
The Los Angeles Area Water Reclamation and Reuse Project
in California was completed in 2001, as was the Tooele Wastewater Treatment
and Reuse Project in Utah. The Arsenic Wellhead Demonstration Project in
Albuquerque, NM is well underway, as are construction projects in El Paso, TX,
and San Diego, San Gabriel, and San Jose, CA, and Albuquerque, NM. The Las
Vegas (NV) Area Shallow Aquifer Desalination Research and Development Project,
and the Long Beach (CA) Desalination Research and Development Project are in
the early stages of development. The comprehensive studies for Southern
California and the San Francisco Bay area have been completed. Feasibility
studies at Phoenix and Tucson, AZ, Santa Fe and Expanola, NM, Orange Cove and
Watsonville, CA, and San Antonio, TX, are underway. In addition, four new
construction projects in southern California were initiated in 2000. They are
the North San Diego County Area Water Recycling Project, the Orange County
Regional Water Reclamation Project (Phase 1), the Calleguas Municipal Water
District Recycling Project, and the Long Beach Area Water Reclamation and
Reuse Project.
REGULATIONS, GUIDELINES, AND LITERATURE:
Brochure containing guidelines for nonfederal sponsors
to participate in program. No charge.
INFORMATION CONTACTS:
Regional or Local Office:
Regional Director, Bureau of Reclamation. For addresses, see Appendix IV of
the Catalog.
Headquarters Office: Office
of the Commissioner, Bureau of Reclamation, P.O. Box 25007, D-5000, Denver
Federal Center, Denver, CO 80225. Contact: Richard A. Martin. Telephone: (303)
445-3710. E-mail: rmartin@do.usbr.gov.
Web Site Address: http://www.usbr.gov/tcg/guidelines
EXAMPLES OF FUNDED PROJECTS:
San Diego Area Water Reclamation Program, CA; San
Gabriel Basin Project, CA; Los Angeles Area Water Reclamation and Reuse
Project, CA; San Jose Area Water Reclamation and Reuse Program, CA; Tooele
Wastewater Treatment and Reuse Project, UT; Las Vegas Area Shallow Aquifer
Desalination Research and Development Project, NV; and Northwest El Paso Water
Reclamation and Reuse Project, TX.
CRITERIA FOR SELECTING PROPOSALS:
Reclamation will place priority on funding projects that
are economically justified and environmentally acceptable in a watershed
context, not eligible for funding under another Federal program, and that
directly address Administration priorities for the Reclamation program, such
as providing instream flows for Federally endangered or threatened species,
meeting the needs of Native American communities, and meeting international
commitments.
