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33 U.S.C. § 1386 — Audits, reports, and fiscal controls; intended use plan
Federal law — U.S. Code and appendices · legal_authorities
**(a) Fiscal control and auditing procedures** 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) Annual Federal audits** 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) Intended use plan** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1296&num=0&edition=prelim) and a list of activities eligible for assistance under sections 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
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Source file: Laws/federal/codes/united-states-code/title-33/section-1386-audits-reports-and-fiscal-controls-intended-use-plan--7ec9c666ef.md
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Source location: Title 33, Chapter 26, § 1386; chapter-026-water-pollution-prevention-and-control.md
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**(a) Fiscal control and auditing procedures** 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) Annual Federal audits** 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) Intended use plan** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1296&num=0&edition=prelim) and a list of activities eligible for assistance under sections 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1382/b&num=0&edition=prelim); and
(5) the criteria and method established for the distribution of funds.
**(d) Annual report** 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) Annual Federal oversight review** 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) Applicability of subchapter II provisions** Except to the extent provided in this subchapter, the provisions of subchapter II shall not apply to grants under this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of this chapter, the determination of the priority to be given each category of projects for construction of publicly owned treatment works within each State shall be made solely by that State, except that if the Administrator, after a public hearing, determines that a specific project will not result in compliance with the enforceable requirements of this chapter, such project shall be removed from the State’s priority list and such State shall submit a revised priority list. These categories shall include, but not be limited to (A) secondary treatment, (B) more stringent treatment, (C) infiltration-in-flow correction, (D) major sewer system rehabilitation, (E) new collector sewers and appurtenances, (F) new interceptors and appurtenances, and (G) correction of combined sewer overflows. Not less than 25 per centum of funds allocated to a State in any fiscal year under this subchapter for construction of publicly owned treatment works in such State shall be obligated for those types of projects referred to in clauses (D), (E), (F), and (G) of this section, if such projects are on such State’s priority list for that year and are otherwise eligible for funding in that fiscal year. It is the policy of Congress that projects for wastewater treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or intermunicipal or interstate agency shall be projects which, in the estimation of the State, are designed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1296
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** To receive a capitalization grant with funds made available under this subchapter and [section 1285(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285/m&num=0&edition=prelim), a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifications set forth in subsection (b) of this section.
**(b) Specific requirements** The Administrator shall enter into an agreement under this section with a State only after the State has established to the satisfaction of the Administrator that—
(1) the State will accept grant payments with funds to be made available under this subchapter and [section 1285(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285/m&num=0&edition=prelim) in accordance with a payment schedule established jointly by the Administrator under [section 1381(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1381/b&num=0&edition=prelim) and will deposit all such payments in the water pollution control revolving fund established by the State in accordance with this subchapter;
(2) the State will deposit in the fund from State moneys an amount equal to at least 20 percent of the total amount of all capitalization grants which will be made to the State with funds to be made available under this subchapter and [section 1285(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285/m&num=0&edition=prelim) on or before the date on which each quarterly grant payment will be made to the State under this subchapter;
(3) the State will enter into binding commitments to provide assistance in accordance with the requirements o
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1382
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Federal law — U.S. Code and appendices · legal_authorities
Page 602
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1384
amendment, text read as follows: ‘‘The amounts of
funds available to each State water pollution control
revolving fund shall be used only for providing finan-
cial assistance (1) to any municipality, intermunicipal,
interstate, or State agency for construction of publicly
owned treatment works (as defined in section 1292 of
this title), (2) for the implementation of a management
program established under section 1329 of this title, and
(3) for development and implementation of a conserva-
tion and management plan under section 1330 of this
title. The fund shall be established, maintained, and
credited with repayments, and the fund balance shall
be available in perpetuity for providing such financial
assistance.’’
Subsec. (d)(1)(A). Pub. L. 113–121, § 5003(2)(A)(i), sub-
stituted ‘‘the lesser of 30 years and the projected useful
life (as determined by the State) of the project to be fi-
nanced with the proceeds of the loan’’ for ‘‘20 years’’.
Subsec. (d)(1)(B). Pub. L. 113–121, § 5003(2)(A)(ii), sub-
stituted ‘‘upon the expiration of the term of the loan’’
for ‘‘not later than 20 years after project completion’’.
Subsec. (d)(1)(E). Pub. L. 113–121, § 5003(2)(A)(iii)–(v),
added subpar. (E).
Subsec. (d)(7). Pub. L. 113–121, § 5003(2)(B), inserted
‘‘, $400,000 per year, or 1⁄5 percent per year of the cur-
rent valuation of the fund, whichever amount is great-
est, plus the amount of any fees collected by the State
for such purpose regardless of the source’’ before period
at end.
Subsec. (i). Pub. L. 113–121, § 5003(3), added subsec. (i).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–121 effective Oct. 1, 2014,
see section 5006 of Pub. L. 113–
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1386
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