Title 33, Navigation and Navigable WatersRelease 119-110

§3912 Funding

Title 33 › CHAPTER 52 — WATER INFRASTRUCTURE FINANCE AND INNOVATION › § 3912

Last updated Sep 22, 2026|Official source

Summary

Provides set yearly funding for carrying out the program. For fiscal years 2015–2019 the amounts are $20,000,000 (2015), $25,000,000 (2016), $35,000,000 (2017), $45,000,000 (2018), and $50,000,000 (2019). For fiscal years 2020 and 2021 the amount is $50,000,000 each year. For fiscal years 2022 through 2026 the amount is $50,000,000 each year. All these funds stay available until they are spent. Limits some administrative spending and sets other rules. For 2015–2019, up to $2,200,000 per year may be used for administration and technical help. For fiscal years 2022–2026, up to $5,000,000 per year may be used for administration and technical help. Each year at least 15 percent of the yearly funds must be set aside for small community water projects; any of that set-aside money still unused by June 1 can be used for other projects. Up to 25 percent of yearly funds may be used to make loans that are larger than 49 percent of a project’s total cost. For 2022–2026, if the Administrator has at least $50,000,000 available in a year, $5,000,000 may be provided to State infrastructure financing authorities, unless both of two related federal program appropriations fall below set benchmarks. If such funds are used, the written agreement must state how much came from them.

Full Legal Text

Title 33, §3912

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general
(1)Fiscal years 2015 through 2019
There are authorized to be appropriated to each of the Secretary and the Administrator to carry out this chapter, to remain available until expended—
(A)$20,000,000 for fiscal year 2015;
(B)$25,000,000 for fiscal year 2016;
(C)$35,000,000 for fiscal year 2017;
(D)$45,000,000 for fiscal year 2018; and
(E)$50,000,000 for fiscal year 2019.
(2)Fiscal years 2020 and 2021
There is authorized to be appropriated to the Administrator to carry out this chapter $50,000,000 for each of fiscal years 2020 and 2021, to remain available until expended.
(3)Fiscal years 2022 through 2026
There is authorized to be appropriated to the Administrator to carry out this chapter $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.
(b)Administrative costs
(1)Fiscal years 2015 through 2019
Of the funds made available to carry out this chapter, the Secretary or the Administrator, as applicable, may use for the administration of this chapter, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $2,200,000 for each of fiscal years 2015 through 2019.
(2)Fiscal years after 2019
Of the funds made available to carry out this chapter, the Administrator may use for the administration of this chapter, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $5,000,000 for each of fiscal years 2022 through 2026.
(c)Small community water infrastructure projects
(1)In general
For each fiscal year, the Secretary or the Administrator, as applicable, shall set aside not less than 15 percent of the amounts made available for that fiscal year under this section for small community water infrastructure projects described in section 3907(a)(2)(B) of this title.
(2)Administration
Any amounts set aside under paragraph (1) that remain unobligated on June 1 of the fiscal year for which the amounts are set aside shall be available for obligation by the Secretary or the Administrator, as applicable, for projects other than small community water infrastructure projects.
(d)Additional funding
Notwithstanding section 3908(b)(2) of this title, the Secretary or the Administrator, as applicable, may make available up to 25 percent of the amounts made available for each fiscal year under this section for loans in excess of 49 percent of the total project costs.
(e)Assistance for State infrastructure financing authorities
(1)In general
With respect to fiscal years 2022 through 2026, if the Administrator has available for obligation in a fiscal year at least $50,000,000, there is authorized to be appropriated to the Administrator $5,000,000 for that fiscal year to provide financial assistance for projects described in section 3905(9) of this title to State infrastructure financing authorities.
(2)No impact on other Federal funding
No funds shall be made available in a fiscal year to the Administrator for purposes of this subsection if—
(A)the total amount appropriated for the fiscal year for State loan funds under section 300j–12 of title 42 is less than either the amount made available for such purpose in fiscal year 2018, or 105 percent of the previous fiscal year’s appropriation for such purpose, whichever is greater; and
(B)the total amount appropriated for the fiscal year for water pollution control revolving funds under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.] is less than either the amount made available for such purpose for fiscal year 2018, or 105 percent of the previous fiscal year’s appropriation for such purpose, whichever is greater.
(3)Inclusion in agreement
If the Administrator provides financial assistance to a State infrastructure financing authority under section 3908 of this title using funds made available pursuant to this subsection, the Administrator shall specify in the agreement under such section the amount of such assistance that is attributable to such funds.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Water Pollution Control Act, referred to in subsec (e)(2)(B), 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.

Amendments

2021—Subsec. (a)(3). Pub. L. 117–58, § 50215(a)(1), added par. (3). Subsec. (b)(2). Pub. L. 117–58, § 50215(a)(2), substituted “after 2019” for “2020 and 2021” in heading and “2022 through 2026” for “2020 and 2021” in text. Subsec. (e)(1). Pub. L. 117–58, § 50215(a)(3), substituted “2022 through 2026” for “2020 and 2021”. 2018—Subsec. (a). Pub. L. 115–270, § 4201(a)(4)(A), designated existing provisions as par. (1) and inserted heading, substituted “There are” for “There is”, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), realigned margins, and added par. (2). Subsec. (b). Pub. L. 115–270, § 4201(a)(4)(B), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e). Pub. L. 115–270, § 4201(b)(3), added subsec. (e).

Statutory Notes and Related Subsidiaries

“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. § 3912

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110