Title 33Navigation and Navigable WatersRelease 119-73not60

§1386 Audits, Reports, and Fiscal Controls; Intended Use Plan

Title 33 › Chapter 26— WATER POLLUTION PREVENTION AND CONTROL › Subchapter VI— STATE WATER POLLUTION CONTROL REVOLVING FUNDS › § 1386

Last updated Apr 5, 2026|Official source

Summary

States that create a water pollution control revolving fund must keep strong financial controls and records so they can track money they receive, money they spend, and the fund balance at the start and end of each accounting period. The Administrator must have reviews or independent audits done at least once a year, and those audits must follow Government Accountability Office procedures, including chapter 75 of title 31. After asking the public for comment, each State must make a yearly plan saying how it will use the fund. The plan must include a list of priority construction projects (see section 1296) and eligible activities (see sections 1329 and 1330), short- and long-term goals, details about the projects and loans (including discharge rules under subchapters III and IV), assurances and proposals to meet paragraphs (3)–(6) of section 1382(b), and the rules for distributing money. Starting the first fiscal year after the State gets payments, the State must send an annual report to the Administrator showing how it met the prior year’s goals and naming loan recipients, amounts, terms, and similar financial details. The Administrator will review the plans and reports each year and may, after reasonable notice, require the State or a loan recipient to provide records. Except as this subchapter says, rules in subchapter II do not apply to grants under this subchapter.

Full Legal Text

Title 33, §1386

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Each State electing to establish a water pollution control revolving fund under this subchapter shall establish fiscal controls and accounting procedures sufficient to assure proper accounting during appropriate accounting periods for—
(1)payments received by the fund;
(2)disbursements made by the fund; and
(3)fund balances at the beginning and end of the accounting period.
(b)The Administrator shall, at least on an annual basis, conduct or require each State to have independently conducted reviews and audits as may be deemed necessary or appropriate by the Administrator to carry out the objectives of this section. Audits of the use of funds deposited in the water pollution revolving fund established by such State shall be conducted in accordance with the auditing procedures of the Government Accountability Office, including chapter 75 of title 31.
(c)After providing for public comment and review, each State shall annually prepare a plan identifying the intended uses of the amounts available to its water pollution control revolving fund. Such intended use plan shall include, but not be limited to—
(1)a list of those projects for construction of publicly owned treatment works on the State’s priority list developed pursuant to section 1296 of this title and a list of activities eligible for assistance under section 1329 and 1330 of this title;
(2)a description of the short- and long-term goals and objectives of its water pollution control revolving fund;
(3)information on the activities to be supported, including a description of project categories, discharge requirements under subchapters III and IV of this chapter, terms of financial assistance, and communities served;
(4)assurances and specific proposals for meeting the requirements of paragraphs (3), (4), (5), and (6) of section 1382(b) of this title; and
(5)the criteria and method established for the distribution of funds.
(d)Beginning the first fiscal year after the receipt of payments under this subchapter, the State shall provide an annual report to the Administrator describing how the State has met the goals and objectives for the previous fiscal year as identified in the plan prepared for the previous fiscal year pursuant to subsection (c), including identification of loan recipients, loan amounts, and loan terms and similar details on other forms of financial assistance provided from the water pollution control revolving fund.
(e)The Administrator shall conduct an annual oversight review of each State plan prepared under subsection (c), each State report prepared under subsection (d), and other such materials as are considered necessary and appropriate in carrying out the purposes of this subchapter. After reasonable notice by the Administrator to the State or the recipient of a loan from a water pollution control revolving fund, the State or loan recipient shall make available to the Administrator such records as the Administrator reasonably requires to review and determine compliance with this subchapter.
(f)Except to the extent provided in this subchapter, the provisions of subchapter II shall not apply to grants under this subchapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (b). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1386

Title 33Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60