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33 U.S.C. § 3909 — Program administration
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
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Source location: Title 33, Chapter 52, § 3909; chapter-052-water-infrastructure-finance-and-innovation.md
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**(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, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3905/9&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1381&num=0&edition=prelim) et seq.); and
(B) [section 300j–12 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300j–12&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3905/9&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3905/9&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3905&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1372&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.].
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—
(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and
(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.
**(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1251
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority**
(1) **Grants to States to establish State loan funds**
(A) *In general* — The Administrator shall offer to enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States under this subsection to further the health protection objectives of this subchapter, promote the efficient use of fund resources, and for other purposes as are specified in this subchapter.
(B) *Establishment of fund* — To be eligible to receive a capitalization grant under this section, a State shall establish a drinking water treatment revolving loan fund (referred to in this section as a “State loan fund”) and comply with the other requirements of this section. Each grant to a State under this section shall be deposited in the State loan fund established by the State, except as otherwise provided in this section and in other provisions of this subchapter. No funds authorized by other provisions of this subchapter to be used for other purposes specified in this subchapter shall be deposited in any State loan fund.
(C) *Extended period* — The grant to a State shall be available to the State for obligation during the fiscal year for which the funds are authorized and during the following fiscal year, except that grants made available from funds provided prior to fiscal year 1997 shall be available for obligation during each of the fiscal years 1997 and 1998.
(D) *Allotment formula* — Except as otherwise provided in this section, funds made available to carry out this section shall be allotted to States that have entered into an agreement pursuant to this section (other than the District of Columbia) in accordance with—
(i) for each of fiscal years 1995 through 1997, a formula that is the same as the formul
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300j–12
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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
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Federal law — U.S. Code and appendices · legal_authorities
The Administrator shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on treatment works for which grants are made under this chapter shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection,11 So in original. Probably should be “section,”. the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1372
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority** Subject to the provisions of this subchapter, the Administrator shall make capitalization grants to each State for the purpose of establishing a water pollution control revolving fund to accomplish the objectives, goals, and policies of this chapter by providing assistance for projects and activities identified in [section 1383(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1383/c&num=0&edition=prelim).
**(b) Schedule of grant payments** The Administrator and each State shall jointly establish a schedule of payments under which the Administrator will pay to the State the amount of each grant to be made to the State under this subchapter. Such schedule shall be based on the State’s intended use plan under [section 1386(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1386/c&num=0&edition=prelim), except that—
(1) such payments shall be made in quarterly installments, and
(2) such payments shall be made as expeditiously as possible, but in no event later than the earlier of—
(A) 8 quarters after the date such funds were obligated by the State, or
(B) 12 quarters after the date such funds were allotted to the State.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1381
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Federal law — U.S. Code and appendices · legal_authorities
Page 350
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1251
Sec.
1320.
International pollution abatement.
1321.
Oil and hazardous substance liability.
1321a.
Prevention of small oil spills.
1321b.
Improved coordination with tribal govern-
ments.
1321c.
International efforts on enforcement.
1322.
Marine sanitation devices; discharges inci-
dental to the normal operation of vessels.
1323.
Federal facilities pollution control.
1324.
Clean lakes.
1325.
National Study Commission.
1326.
Thermal discharges.
1327.
Omitted.
1328.
Aquaculture.
1329.
Nonpoint source management programs.
1330.
National estuary program.
SUBCHAPTER IV—PERMITS AND LICENSES
1341.
Certification.
1342.
National pollutant discharge elimination sys-
tem.
1343.
Ocean discharge criteria.
1344.
Permits for dredged or fill material.
1345.
Disposal or use of sewage sludge.
1346.
Coastal recreation water quality monitoring
and notification.
SUBCHAPTER V—GENERAL PROVISIONS
1361.
Administration.
1362.
Definitions.
1363.
Water Pollution Control Advisory Board.
1364.
Emergency powers.
1365.
Citizen suits.
1366.
Appearance.
1367.
Employee protection.
1368.
Federal procurement.
1369.
Administrative procedure and judicial review.
1370.
State authority.
1371.
Authority under other laws and regulations.
1372.
Labor standards.
1373.
Public health agency coordination.
1374.
Effluent Standards and Water Quality Infor-
mation Advisory Committee.
1375.
Reports to Congress; detailed estimates and
comprehensive study on costs; State esti-
mates.
1375a.
Report on coastal recreation waters.
1376.
Authorization of appropriations.
1377.
Indian tribes.
1377a.
Green infrastructure promotion.
SUBCHAPTER VI—STATE WATER POLLUTION
CONTROL REVOLVING FUNDS
13
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1251
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Federal law — U.S. Code and appendices · legal_authorities
Page 591
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1374
1 So in original. Probably should be ‘‘section,’’.
title. For complete classification of this Act to the
Code, see Tables.
The Rivers and Harbors Act of 1910, referred to in sub-
sec. (b), probably means act June 23, 1910, ch. 359, 36
Stat. 593.
The Supervisory Harbors Act of 1888, referred to in
subsec. (b), probably means act June 29, 1888, ch. 496, 25
Stat. 209, which is classified generally to subchapter III
(§ 441 et seq.) of chapter 9 of this title. For complete
classification of this Act to the Code, see Tables.
The National Environmental Policy Act of 1969, re-
ferred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
AMENDMENTS
1974—Subsec. (d). Pub. L. 93–243 added subsec. (d).
§ 1372. Labor standards
The Administrator shall take such action as
may be necessary to insure that all laborers and
mechanics employed by contractors or sub-
contractors on treatment works for which
grants are made under this chapter shall be paid
wages at rates not less than those prevailing for
the same type of work on similar construction
in the immediate locality, as determined by the
Secretary of Labor, in accordance with sections
3141–3144, 3146, and 3147 of title 40. The Secretary
of Labor shall have, with respect to the labor
standards specified in this subsection,1 the au-
thority and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 (15 F.R. 3176) and
section 3145 of title 40.
(June 30, 1948, ch. 758, title V, § 513, as added Pub.
L
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1372
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Federal law — U.S. Code and appendices · legal_authorities
Page 597
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1381
out at end ‘‘Sums reserved under this subsection shall
be available only for grants for the development of
waste treatment management plans and for the con-
struction of sewage treatment works to serve Indian
tribes, as defined in subsection (h) and former Indian
reservations in Oklahoma (as determined by the Sec-
retary of the Interior) and Alaska Native Villages as
defined in Public Law 92–203.’’
2000—Subsec. (e). Pub. L. 106–284 substituted ‘‘1344,
and 1346 of this title’’ for ‘‘and 1344 of this title’’ in in-
troductory provisions.
1988—Subsec. (c). Pub. L. 100–581 inserted ‘‘, as de-
fined in subsection (h) and former Indian reservations
in Oklahoma (as determined by the Secretary of the In-
terior) and Alaska Native Villages as defined in Public
Law 92–203’’ before period at end.
Statutory Notes and Related Subsidiaries
GRANTS FOR CONSTRUCTION OF WATER FACILITIES AND
FOR WATER QUALITY PROTECTION
Pub. L. 109–54, title II, Aug. 2, 2005, 119 Stat. 530, pro-
vided in part: ‘‘That, notwithstanding this or any other
appropriations Act, heretofore and hereafter, after con-
sultation with the House and Senate Committees on
Appropriations and for the purpose of making technical
corrections, the Administrator is authorized to award
grants under this heading [State and Tribal Assistance
Grants] to entities and for purposes other than those
listed in the joint explanatory statements of the man-
agers accompanying the Agency’s appropriations Acts
for the construction of drinking water, wastewater and
stormwater infrastructure and for water quality pro-
tection.’’
GRANTS TO INDIAN TRIBES
Provisions stating that for fiscal year 2006 and not-
withstanding section 1377(f) of this title, the Adminis-
trat
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1381
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Federal law — U.S. Code and appendices · legal_authorities
Page 1018
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 3909
(4) Prepayment
(A) Use of excess revenues
Any excess revenues that remain after sat-
isfying scheduled debt service requirements
on the project obligations and secured loan
and all deposit requirements under the
terms of any trust agreement, bond resolu-
tion, or similar agreement securing project
obligations may be applied annually to pre-
pay a secured loan under this section with-
out penalty.
(B) Use of proceeds of refinancing
A secured loan under this section may be
prepaid at any time without penalty from
the proceeds of refinancing from non-Federal
funding sources.
(d) Sale of secured loans
(1) In general
Subject to paragraph (2), as soon as prac-
ticable after the date of substantial comple-
tion of a project and after providing a notice
to the obligor, the Secretary or the Adminis-
trator, as applicable, may sell to another enti-
ty or reoffer into the capital markets a se-
cured loan for a project under this section, if
the Secretary or the Administrator, as appli-
cable, determines that the sale or reoffering
can be made on favorable terms.
(2) Consent of obligor
In making a sale or reoffering under para-
graph (1), the Secretary or the Administrator,
as applicable, may not change the original
terms and conditions of the secured loan with-
out the written consent of the obligor.
(e) Loan guarantees
(1) In general
The Secretary or the Administrator, as ap-
plicable, may provide a loan guarantee to a
lender in lieu of making a secured loan under
this section, if the Secretary or the Adminis-
trator, as applicable, determines that the
budgetary cost of the loan guarantee is sub-
stantially the same as that of a secured loan.
(2) Terms
The terms of a loan guarantee provided
un
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3909
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