33 U.S.C. § 1293 — Loan guarantees

Page 438 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1293 sewage or industrial wastes of a liquid nature to implement section 1281 of this title, or necessary to recycle or reuse water at the most economi- cal cost over the estimated life of the works, in- cluding intercepting sewers, outfall sewers, sew- age collection systems, pumping, power, and other equipment, and their appurtenances; ex- tensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as stand- by treatment units and clear well facilities; and acquisition of the land that will be an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems prior to land applica- tion) or will be used for ultimate disposal of res- idues resulting from such treatment and acqui- sition of other land, and interests in land, that are necessary for construction. (B) In addition to the definition contained in subparagraph (A) of this paragraph, ‘‘treatment works’’ means any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, in- cluding storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems. Any application for construction grants which includes wholly or in part such methods or systems shall, in accord- ance with guidelines published by the Adminis- trator pursuant to subparagraph (C) of this para- graph, contain adequate data and analysis dem- onstrating such proposal to be, over the life of such works, the most cost efficient alternative to comply with sections 1311 or 1312 of this title, or the requirements of section 1281 of this title. (C) For the purposes of subparagraph (B) of this paragraph, the Administrator shall, within one hundred and eighty days after October 18, 1972, publish and thereafter revise no less often than annually, guidelines for the evaluation of methods, including cost-effective analysis, de- scribed in subparagraph (B) of this paragraph. (3) The term ‘‘replacement’’ as used in this subchapter means those expenditures for obtain- ing and installing equipment, accessories, or ap- purtenances during the useful life of the treat- ment works necessary to maintain the capacity and performance for which such works are de- signed and constructed. (June 30, 1948, ch. 758, title II, § 212, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L. 95–217, § 37, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97–117, § 8(d), Dec. 29, 1981, 95 Stat. 1626; Pub. L. 113–121, title V, § 5012(a), June 10, 2014, 128 Stat. 1328.) Editorial Notes AMENDMENTS 2014—Par. (2)(A). Pub. L. 113–121 struck out ‘‘any works, including site’’ before ‘‘acquisition of the land’’, substituted ‘‘will be used for ultimate’’ for ‘‘is used for ultimate’’, and inserted ‘‘and acquisition of other land, and interests in land, that are necessary for construc- tion’’ before period at end. 1981—Par. (1). Pub. L. 97–117 inserted ‘‘field testing of innovative or alternative waste water treatment proc- esses and techniques meeting guidelines promulgated under section 1314(d)(3) of this title,’’ after ‘‘proce- dures,’’. 1977—Par. (2)(A). Pub. L. 95–217 inserted ‘‘(including land used for the storage of treated wastewater in land treatment systems prior to land application)’’ after ‘‘integral part of the treatment process’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–121, title V, § 5012(c), June 10, 2014, 128 Stat. 1328, provided that: ‘‘The amendments made by this section [amending this section and section 1362 of this title] shall take effect on October 1, 2014.’’ § 1293. Loan guarantees (a) State or local obligations issued exclusively to Federal Financing Bank for publicly owned treatment works; determination of eli- gibility of project by Administrator Subject to the conditions of this section and to such terms and conditions as the Adminis- trator determines to be necessary to carry out the purposes of this subchapter, the Adminis- trator is authorized to guarantee, and to make commitments to guarantee, the principal and interest (including interest accruing between the date of default and the date of the payment in full of the guarantee) of any loan, obligation, or participation therein of any State, munici- pality, or intermunicipal or interstate agency issued directly and exclusively to the Federal Financing Bank to finance that part of the cost of any grant-eligible project for the construc- tion of publicly owned treatment works not paid for with Federal financial assistance under this subchapter (other than this section), which project the Administrator has determined to be eligible for such financial assistance under this subchapter, including, but not limited to, proj- ects eligible for reimbursement under section 1286 of this title. (b) Conditions for issuance No guarantee, or commitment to make a guar- antee, may be made pursuant to this section— (1) unless the Administrator certifies that the issuing body is unable to obtain on reason- able terms sufficient credit to finance its ac- tual needs without such guarantee; and (2) unless the Administrator determines that there is a reasonable assurance of repayment of the loan, obligation, or participation there- in. A determination of whether financing is avail- able at reasonable rates shall be made by the Secretary of the Treasury with relationship to the current average yield on outstanding mar- ketable obligations of municipalities of com- parable maturity. (c) Fees for application investigation and issuance of commitment guarantee The Administrator is authorized to charge reasonable fees for the investigation of an appli- cation for a guarantee and for the issuance of a commitment to make a guarantee. (d) Commitment for repayment The Administrator, in determining whether there is a reasonable assurance of repayment, may require a commitment which would apply to such repayment. Such commitment may in- clude, but not be limited to, any funds received by such grantee from the amounts appropriated under section 1286 of this title. Page 439 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1293a (June 30, 1948, ch. 758, title II, § 213, as added Pub. L. 94–558, Oct. 19, 1976, 90 Stat. 2639; amend- ed Pub. L. 96–483, § 2(e), Oct. 21, 1980, 94 Stat. 2361.) Editorial Notes AMENDMENTS 1980—Subsec. (d). Pub. L. 96–483 struck out ‘‘(1) all or any portion of the funds retained by such grantee under section 1284(b)(3) of this title, and (2)’’ after ‘‘limited to’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–483 effective Dec. 27, 1977, see section 2(g) of Pub. L. 96–483, set out as a note under section 1281 of this title. § 1293a. Contained spoil disposal facilities (a) Construction, operation, and maintenance; period; conditions; requirements The Secretary of the Army, acting through the Chief of Engineers, is authorized to con- struct, operate, and maintain, subject to the provisions of subsection (c), contained spoil dis- posal facilities of sufficient capacity for a period not to exceed ten years, to meet the require- ments of this section. Before establishing each such facility, the Secretary of the Army shall obtain the concurrence of appropriate local gov- ernments and shall consider the views and rec- ommendations of the Administrator of the Envi- ronmental Protection Agency and shall comply with requirements of section 1171 of this title, and of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. Section 401 of this title shall not apply to any facility authorized by this section. (b) Time for establishment; consideration of area needs; requirements The Secretary of the Army, acting through the Chief of Engineers, shall establish the con- tained spoil disposal facilities authorized in sub- section (a) at the earliest practicable date, tak- ing into consideration the views and rec- ommendations of the Administrator of the Envi- ronmental Protection Agency as to those areas which, in the Administrator’s judgment, are most urgently in need of such facilities and pur- suant to the requirements of the National Envi- ronmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.]. (c) Written agreement requirement; terms of agreement Prior to construction of any such facility, the appropriate State or States, interstate agency, municipality, or other appropriate political sub- division of the State shall agree in writing to (1) furnish all lands, easements, and rights-of-way necessary for the construction, operation, and maintenance of the facility; (2) contribute to the United States 25 per centum of the construction costs, such amount to be payable either in cash prior to construction, in installments during construction, or in installments, with interest at a rate to be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate pay- able by the Treasury upon its outstanding mar- ketable public obligations, which are neither due or callable for redemption for fifteen years from date of issue; (3) hold and save the United States free from damages due to construction, operation, and maintenance of the facility; and (4) except as provided in subsection (f), maintain the facility after completion of its use for dis- posal purposes in a manner satisfactory to the Secretary of the Army. (d) Waiver of construction costs contribution from non-Federal interests; findings of par- ticipation in waste treatment facilities for general geographical area and compliance with water quality standards; waiver of pay- ments in event of written agreement before occurrence of findings The requirement for appropriate non-Federal interest or interests to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (c) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environ- mental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, munici- pality, and other appropriate political subdivi- sion of the State and industrial concerns are participating in and in compliance with an ap- proved plan for the general geographical area of the dredging activity for construction, modifica- tion, expansion, or rehabilitation of waste treat- ment facilities and the Administrator has found that applicable water quality standards are not being violated. In the event such findings occur after the appropriate non-Federal interest or in- terests have entered into the agreement re- quired by subsection (c), any payments due after the date of such findings as part of the required local contribution of 25 per centum of the con- struction costs shall be waived by the Secretary of the Army. (e) Federal payment of costs for disposal of dredged spoil from project Notwithstanding any other provision of law, all costs of disposal of dredged spoil from the project for the Great Lakes connecting chan- nels, Michigan, shall be borne by the United States. (f) Title to lands, easements, and rights-of-way; retention by non-Federal interests; convey- ance of facilities; agreement of transferee The participating non-Federal interest or in- terests shall retain title to all lands, easements, and rights-of-way furnished by it pursuant to subsection (c). A spoil disposal facility owned by a non-Federal interest or interests may be con- veyed to another party only after completion of the facility’s use for disposal purposes and after the transferee agrees in writing to use or main- tain the facility in a manner which the Sec- retary of the Army determines to be satisfac- tory. (g) Federal licenses or permits; charges; remis- sion of charge Any spoil disposal facilities constructed under the provisions of this section shall be made