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Title 33, Navigation and Navigable WatersRelease 119-110

§3909 Program Administration

Title 33 › CHAPTER 52 — WATER INFRASTRUCTURE FINANCE AND INNOVATION › § 3909

Last updated Sep 22, 2026|Official source

Summary

The Secretary or the Administrator must set up one uniform system to handle the federal loan and credit programs under this law. They may charge and spend fees, if Congress allows, to pay for outside expert firms and some or all of the government’s costs for servicing those loans. If a State infrastructure financing authority gets money under section 3912(e), the Administrator must require that the State authority not pass certain fees (those in section 3908(b)(7)) on to the people or groups that use the authority’s funds. The Secretary or Administrator may hire a financial servicer to act as their agent and pay that servicer a fee they approve. They may also hire experts and lawyers to help underwrite and service the credit instruments. Projects that get this funding must follow any applicable State environmental or engineering review rules under the cited federal laws, and no extra reviews are required beyond what already applies. When a State infrastructure financing authority sends a complete application, the Administrator has 180 days to either approve it or give written, detailed guidance on what must change. The Administrator may make agreements with other federal agencies to help run or service these credits and can act as their agent if funds are available and transferred, but that does not change the Administrator’s power to choose certain kinds of projects. Section 513 of the Clean Water Act applies to project construction funded by these credits the same way it applies to grant-funded treatment works.

Full Legal Text

Title 33, §3909

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Requirement
The Secretary or the Administrator, as applicable, shall establish a uniform system to service the Federal credit instruments made available under this chapter.
(b)Fees
(1)In general
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)Prohibition on pass through fees
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)Servicer
(1)In general
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)Duties
A servicer appointed under paragraph (1) shall act as the agent for the Secretary or the Administrator, as applicable.
(3)Fee
A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary or the Administrator, as applicable.
(d)Assistance from experts
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)Special rule for State reviews of projects for State infrastructure financing authorities
(1)In general
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)No new reviews required
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)Special rule for expedited review of applications from State infrastructure financing authorities
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)Agreements
(1)In general
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)Duties
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)Transfer of funds
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)Limitation
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)Applicability of other laws
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.].

Legislative History

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 3909

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110