33 U.S.C. § 3912 — Funding

Page 1020 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3911 (1) relieve any recipient of the assistance of any obligation to obtain any required State, local, or tribal permit or approval with respect to the project; (2) limit the right of any unit of State, local, or tribal government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State, local, or tribal law (including any regulation) applica- ble to the construction or operation of the project. (Pub. L. 113–121, title V, § 5031, June 10, 2014, 128 Stat. 1342.) § 3911. Regulations The Secretary or the Administrator, as appli- cable, may promulgate such regulations as the Secretary or Administrator determines to be ap- propriate to carry out this chapter. (Pub. L. 113–121, title V, § 5032, June 10, 2014, 128 Stat. 1342.) 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. § 3912. Funding (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 sec- tion for small community water infrastruc- ture 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 fis- cal year for which the amounts are set aside shall be available for obligation by the Sec- retary 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 applica- ble, 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 per- cent 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 ob- ligation 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 de- scribed 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 sec- tion 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 pre- vious fiscal year’s appropriation for such purpose, whichever is greater; and (B) the total amount appropriated for the fiscal year for water pollution control re- volving 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 as- sistance to a State infrastructure financing authority under section 3908 of this title using funds made available pursuant to this sub- Page 1021 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3913 1 See References in Text note below. section, the Administrator shall specify in the agreement under such section the amount of such assistance that is attributable to such funds. (Pub. L. 113–121, title V, § 5033, June 10, 2014, 128 Stat. 1342; Pub. L. 115–270, title IV, § 4201(a)(4), (b)(3), Oct. 23, 2018, 132 Stat. 3878, 3879; Pub. L. 117–58, div. E, title II, § 50215(a), Nov. 15, 2021, 135 Stat. 1174.) 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 classi- fied generally to subchapter VI (§ 1381 et seq.) of chap- ter 26 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 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), des- ignated existing provisions as par. (1) and inserted heading, substituted ‘‘There are’’ for ‘‘There is’’, redes- ignated former pars. (1) to (5) as subpars. (A) to (E), re- spectively, 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 sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 3913. Reports on program implementation (a) Agency reporting As soon as practicable after each fiscal year for which amounts are made available to carry out this chapter, the Secretary and the Adminis- trator shall publish on a dedicated, publicly ac- cessible Internet site— (1) each application received for assistance under this chapter; and (2) a list of the projects selected for assist- ance under this chapter, including— (A) a description of each project; (B) the amount of financial assistance pro- vided for each project; and (C) the basis for the selection of each project with respect to the requirements of this chapter. (b) Reports to Congress (1) In general Not later than 3 years after October 23, 2018, the Comptroller General of the United States shall submit to the Committee on Environ- ment and Public Works of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives a report summarizing for the projects that are receiv- ing, or have received, assistance under this chapter— (A) the applications received for assistance under this chapter; (B) the projects selected for assistance under this chapter, including a description of the projects and the basis for the selec- tion of those projects with respect to the re- quirements of this chapter; (C) the type and amount of financial as- sistance provided for each project selected for assistance under this chapter; (D) the financial performance of each project selected for assistance under this chapter, including an evaluation of whether the objectives of this chapter are being met; (E) the benefits and impacts of implemen- tation of this chapter, including the public benefit provided by the projects selected for assistance under this chapter, including, as applicable, water quality and water quantity improvement, the protection of drinking water, and the reduction of flood risk; and (F) an evaluation of the feasibility of at- tracting non-Federal public or private fi- nancing for water infrastructure projects as a result of the implementation of this chap- ter. (2) Recommendations The report under paragraph (1) shall in- clude— (A) an evaluation of the impacts (if any) of the limitation under section 3907(a)(5) 1 of this title on the ability of eligible entities to finance water infrastructure projects under this chapter; (B) a recommendation as to whether the objectives of this chapter would be best served— (i) by continuing the authority of the Secretary or the Administrator, as appli- cable, to provide assistance under this chapter; (ii) by establishing a Government cor- poration or Government-sponsored enter- prise to provide assistance in accordance with this chapter; or (iii) by terminating the authority of the Secretary and the Administrator under this chapter and relying on the capital markets to fund the types of infrastruc- ture investments assisted by this chapter without Federal participation; and (C) any proposed changes to improve the efficiency and effectiveness of this chapter in providing financing for water infrastruc- ture projects, taking into consideration the recommendations made under subparagraphs (A) and (B). (Pub. L. 113–121, title V, § 5034, June 10, 2014, 128 Stat. 1343; Pub. L. 115–270, title IV, § 4201(d), Oct. 23, 2018, 132 Stat. 3880.)