§3909 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Set up one consistent system to manage the federal loans and credit help made under this chapter. The Secretary or the Administrator may charge and spend fees if Congress provides the money. Those fees can pay outside experts and help cover some or all of the government’s costs for running the program. If a State infrastructure financing authority gets help under section 3912(e), it must not pass along the fees required by section 3908(b)(7) to anyone who uses that help. The Secretary or Administrator can hire a financial servicer to act as their agent and pay that servicer a fee. They can also hire experts, including lawyers, to help underwrite and service the credit instruments. Projects defined in section 3905(9) must follow any applicable State environmental or engineering reviews under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and section 300j–12 of title 42. No extra reviews are required beyond what already applies. Within 180 days after getting a complete application from a State infrastructure financing authority for a section 3905(9) project, the Administrator must either approve it or give written, detailed guidance on needed changes. The Administrator may also make agreements with other Federal agencies to help, including acting as their agent if funds are transferred, without changing project-selection authority for items in section 3905(1), (8), or (10). Construction funded by these credit tools must follow section 513 of the Clean Water Act (33 U.S.C. 1372) the same as grant-funded treatment works.

Title 33, §3909

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary or the Administrator, as applicable, shall establish a uniform system to service the Federal credit instruments made available under this chapter.

(b)(1)The Secretary or the Administrator, as applicable, may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover—

(A)the costs of services of expert firms retained pursuant to subsection (d); and

(B)all or a portion of the costs to the Federal Government of servicing the Federal credit instruments provided under this chapter.

(2)The Administrator, in the case where a State infrastructure financing authority obtains financial assistance under section 3912(e) of this title, shall require as a condition of obtaining such assistance, that the State infrastructure financing authority is prohibited from passing any portion of the fees required under section 3908(b)(7) of this title to any party that utilizes any portion of such assistance for a project funded by such authority.

(c)(1)The Secretary or the Administrator, as applicable, may appoint a financial entity to assist the Secretary or the Administrator in servicing the Federal credit instruments provided under this chapter.

(2)A servicer appointed under paragraph (1) shall act as the agent for the Secretary or the Administrator, as applicable.

(3)A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary or the Administrator, as applicable.

(d)The Secretary or the Administrator, as applicable, may retain the services, including counsel, of organizations and entities with expertise in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments provided under this chapter.

(e)(1)A project described in section 3905(9) of this title for which funding is provided under this title shall comply with any applicable State environmental or engineering review requirements pursuant to, as applicable—

(A)title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); and

(B)section 300j–12 of title 42.

(2)Nothing in this title requires any additional or new environmental or engineering review for a project described in section 3905(9) of this title for which funding is provided, other than any requirement otherwise applicable to the project.

(f)Not later than 180 days after the date on which the Administrator receives a complete application from a State infrastructure financing authority for a project under section 3905(9) of this title, the Administrator shall, through a written notice to the State infrastructure financing authority—

(1)approve the application; or

(2)provide detailed guidance and an explanation of any changes to the application necessary for approval of the application.

(g)(1)Subject to paragraphs (3) and (4), the Administrator may enter into an agreement with another relevant Federal agency to provide assistance in administering and servicing Federal credit instruments that such agency is authorized to make available.

(2)The Administrator may act as an agent for the head of another Federal agency under paragraph (1), subject to the terms of any agreement entered into by the Administrator and the head of such other agency under such clause.

(3)The authority of the Administrator to provide assistance under paragraph (1) is subject to—

(A)the availability of funds appropriated to the other Federal agency that may be transferred to the Administrator to carry out an agreement entered into under paragraph (1); and

(B)the transfer of such funds to the Administrator to carry out such an agreement.

(4)Nothing in this subsection affects the authority of the Administrator with respect to the selection of projects described in paragraphs (1), (8), or (10) of section 3905 of this title to receive financial assistance under this chapter.

(h)section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372) applies to the construction of a project carried out, in whole or in part, with assistance made available through a Federal credit instrument under this chapter in the same manner that section applies to a treatment works for which a grant is made available under that Act [33 U.S.C. 1251 et seq.].

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Water Pollution Control Act, referred to in subsecs. (e)(1)(A) and (h), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of this title. Title VI of the Act is classified generally to subchapter VI (§ 1381 et seq.) of chapter 26 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1251 of this title and Tables. Under this title and nothing in this title, referred to in subsec. (e), mean title V of Pub. L. 113–121, June 10, 2014, 128 Stat. 1322. Subtitle C (§§ 5021–5035) of title V of Pub. L. 113–121 enacted this chapter. For complete classification of title V to the Code, see Tables.

Amendments

2018—Subsec. (b)(2). Pub. L. 115–270, § 4201(b)(2)(A), added par. (2). Subsecs. (e), (f). Pub. L. 115–270, § 4201(b)(2)(B), added subsecs. (e) and (f). Former subsec. (e) designated (h). Subsec. (g). Pub. L. 115–270, § 4201(c), added subsec. (g). Subsec. (h). Pub. L. 115–270, § 4201(b)(2)(B), redesignated subsec. (e) as (h).

Statutory Notes and Related Subsidiaries

Agreement With Commissioner of Reclamation Pub. L. 115–270, title IV, § 4301, Oct. 23, 2018, 132 Stat. 3880, provided that: “Not later than 1 year after the date of enactment of this Act [Oct. 23, 2018], the Administrator of the Environmental Protection Agency and the Commissioner of Reclamation shall enter into an agreement under section 5030(g) of the Water Infrastructure Finance and Innovation Act [33 U.S.C. 3909(g)] (as added by this Act).” “Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

§3909 Program Administration