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33 U.S.C. § 3905 — Projects eligible for assistance
Federal law — U.S. Code and appendices · legal_authorities
The following projects may be carried out with amounts made available under this chapter:
(1) Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable, including—
(A) a project to reduce flood damage;
(B) a project to restore aquatic ecosystems;
(C) a project to improve the inland and intracoastal waterways navigation system of the United States; and
(D) a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features.
(2) 1 or more activities that are eligible for assistance under [section 1383(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1383/c&num=0&edition=prelim), notwithstanding the public ownership requirement under paragraph (1) of that subsection.
(3) 1 or more activities described in [section 300j–12(a)(2) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300j–12/a/2&num=0&edition=prelim).
(4) A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.
(5) A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).
(6) A brackish or sea water desalination project, including chloride control, a managed aquifer recharge project, a water recycling project, o
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Stable record: federal_law:legal_authorities:record_usc_06ec892ae558d1fb6adbfb5f
Source file: Laws/federal/codes/united-states-code/title-33/section-3905-projects-eligible-for-assistance--32b6e35a3e.md
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Source location: Title 33, Chapter 52, § 3905; chapter-052-water-infrastructure-finance-and-innovation.md
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The following projects may be carried out with amounts made available under this chapter:
(1) Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable, including—
(A) a project to reduce flood damage;
(B) a project to restore aquatic ecosystems;
(C) a project to improve the inland and intracoastal waterways navigation system of the United States; and
(D) a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features.
(2) 1 or more activities that are eligible for assistance under [section 1383(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1383/c&num=0&edition=prelim), notwithstanding the public ownership requirement under paragraph (1) of that subsection.
(3) 1 or more activities described in [section 300j–12(a)(2) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300j–12/a/2&num=0&edition=prelim).
(4) A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.
(5) A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).
(6) A brackish or sea water desalination project, including chloride control, a managed aquifer recharge project, a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion.
(7) A project to prevent, reduce, or mitigate the effects of drought, including projects that enhance the resilience of drought-stricken watersheds.
(8) Acquisition of real property or an interest in real property—
(A) if the acquisition is integral to a project described in paragraphs (1) through (6); or
(B) pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.
(9) A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application.
(10) A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), (7), or (8), for which an eligible entity, or a combination of eligible entities, submits a single application.
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary and the Administrator may provide financial assistance under this chapter to carry out projects, which shall be selected to ensure a diversity of project types and geographical locations.
**(b) Responsibility**
(1) **Secretary** — The Secretary shall provide financial assistance to carry out all projects under this chapter that are eligible projects under [section 3905(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3905/1&num=0&edition=prelim).
(2) **Administrator** — The Administrator shall provide financial assistance to carry out all projects under this chapter that are eligible projects under paragraphs (2), (3), (4), (5), (6), (7), and (9) of [section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3905&num=0&edition=prelim).
(3) **Other projects** — The Secretary or the Administrator, as applicable, may carry out eligible projects under paragraph (8) or (10) of [section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3905&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3902
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** To receive assistance under this chapter, an eligible entity shall submit to the Secretary or the Administrator, as applicable, an application at such time, in such manner, and containing such information as the Secretary or the Administrator may require.
**(b) Combined projects** In the case of an eligible project described in paragraph (9) or (10) of [section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3905&num=0&edition=prelim), the Secretary or the Administrator, as applicable, shall require the eligible entity to submit a single application for the combined group of projects.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3903
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility requirements** To be eligible to receive financial assistance under this chapter, a project shall meet the following criteria, as determined by the Secretary or Administrator, as applicable:
(1) **Creditworthiness**
(A) *In general* — The project and obligor shall be creditworthy, which shall be determined by the Secretary or the Administrator, as applicable.
(B) *Considerations* — In determining the creditworthiness of a project and obligor, the Secretary or the Administrator, as applicable, shall take into consideration relevant factors, including—
(i) the terms, conditions, financial structure, and security features of the proposed financing;
(ii) the dedicated revenue sources that will secure or fund the project obligations;
(iii) the financial assumptions upon which the project is based; and
(iv) the financial soundness and credit history of the obligor.
(C) *Security features* — The Secretary or the Administrator, as applicable, shall ensure that any financing for the project has appropriate security features, such as a rate covenant, supporting the project obligations to ensure repayment.
(D) *Rating opinion letters*
(i) *Preliminary rating opinion letter* — The Secretary or the Administrator, as applicable, shall require each project applicant to provide, at the time of application, a preliminary rating opinion letter from at least 1 rating agency indicating that the senior obligations of the project (which may be the Federal credit instrument) have the potential to achieve an investment-grade rating.
(ii) *Final rating opinion letters* — The Secretary or the Administrator, as applicable, shall require each project applicant to provide, prior to final acceptance and financing of the project, a final ra
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3907
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3912/e&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3908/b/7&num=0&edition=prelim) 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, sub
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3909
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Federal law — U.S. Code and appendices · legal_authorities
Page 1013
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 3905
the Administrator, as applicable, an application
at such time, in such manner, and containing
such information as the Secretary or the Ad-
ministrator may require.
(b) Combined projects
In the case of an eligible project described in
paragraph (9) or (10) of section 3905 of this title,
the Secretary or the Administrator, as applica-
ble, shall require the eligible entity to submit a
single application for the combined group of
projects.
(Pub. L. 113–121, title V, § 5024, June 10, 2014, 128
Stat. 1333; Pub. L. 114–322, title IV, § 5008(b)(2)(B),
Dec. 16, 2016, 130 Stat. 1897.)
Editorial Notes
AMENDMENTS
2016—Subsec. (b). Pub. L. 114–322 substituted ‘‘para-
graph (9) or (10)’’ for ‘‘paragraph (8) or (9)’’.
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 2 of Pub. L. 113–121, set out as a note under section
2201 of this title.
§ 3904. Eligible entities
The following entities are eligible to receive
assistance under this chapter:
(1) A corporation.
(2) A partnership.
(3) A joint venture.
(4) A trust.
(5) A Federal, State, or local governmental
entity, agency, or instrumentality.
(6) A tribal government or consortium of
tribal governments.
(7) A State infrastructure financing author-
ity.
(Pub. L. 113–121, title V, § 5025, June 10, 2014, 128
Stat. 1334.)
§ 3905. Projects eligible for assistance
The following projects may be carried out
with amounts made available under this chap-
ter:
(1) Any project for flood damage reduction,
hurricane and storm damage reduction, envi-
ronmental restoration, coastal or inland har-
bor navigation improvement, or inland and in-
tracoastal waterways navigation improvement
that th
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3905
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.