33 U.S.C. § 3901 — Definitions

Page 1011 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3901 matter to the government of the country of the vessel’s registry or nationality, or under whose authority the vessel is operating, for appro- priate action, rather than taking the actions otherwise required or authorized by this sub- chapter. (Pub. L. 111–281, title X, § 1046, Oct. 15, 2010, 124 Stat. 3031.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle D (§§ 1041–1048) of title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3029, which enacted this subchapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of subtitle D to the Code, see Tables. § 3857. Remedies not affected (a) In general Nothing in this chapter limits, denies, amends, modifies, or repeals any other remedy available to the United States. (b) Relationship to State and local law Nothing in this chapter limits, denies, amends, modifies, or repeals any rights under existing law, of any State, territory, or posses- sion of the United States, or any political sub- division thereof, to regulate any antifouling sys- tem. Compliance with the requirements of a State, territory, or possession of the United States, or political subdivision thereof related to antifouling paint or any other antifouling system does not relieve any person of the obliga- tion to comply with this chapter. (Pub. L. 111–281, title X, § 1047, Oct. 15, 2010, 124 Stat. 3031.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and re- pealed chapter 37 (§ 2401 et seq.) of this title. For com- plete classification of title X to the Code, see Tables. CHAPTER 52—WATER INFRASTRUCTURE FINANCE AND INNOVATION Sec. 3901. Definitions. 3902. Authority to provide assistance. 3903. Applications. 3904. Eligible entities. 3905. Projects eligible for assistance. 3906. Activities eligible for assistance. 3907. Determination of eligibility and project se- lection. 3908. Secured loans. 3909. Program administration. 3910. State, tribal, and local permits. 3911. Regulations. 3912. Funding. 3913. Reports on program implementation. 3914. Requirements. 3915. Outreach plan. § 3901. Definitions In this chapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) Community water system The term ‘‘community water system’’ has the meaning given the term in section 300f of title 42. (3) Federal credit instrument The term ‘‘Federal credit instrument’’ means a secured loan or loan guarantee au- thorized to be made available under this chap- ter with respect to a project. (4) Investment-grade rating The term ‘‘investment-grade rating’’ means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. (5) Lender (A) In general The term ‘‘lender’’ means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Fed- eral Regulations (or a successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)). (B) Inclusions The term ‘‘lender’’ includes— (i) a qualified retirement plan (as defined in section 4974(c) of title 26) that is a quali- fied institutional buyer; and (ii) a governmental plan (as defined in section 414(d) of title 26) that is a qualified institutional buyer. (6) Loan guarantee The term ‘‘loan guarantee’’ means any guar- antee or other pledge by the Secretary or the Administrator to pay all or part of the prin- cipal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. (7) Obligor The term ‘‘obligor’’ means an eligible entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument. (8) Project obligation (A) In general The term ‘‘project obligation’’ means any note, bond, debenture, or other debt obliga- tion issued by an obligor in connection with the financing of a project. (B) Exclusion The term ‘‘project obligation’’ does not in- clude a Federal credit instrument. (9) Rating agency The term ‘‘rating agency’’ means a credit rating agency registered with the Securities and Exchange Commission as a nationally rec- ognized statistical rating organization (as de- fined in section 78c(a) of title 15). (10) Secured loan The term ‘‘secured loan’’ means a direct loan or other debt obligation issued by an obli- gor and funded by the Secretary or Adminis- trator, as applicable, in connection with the Page 1012 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3902 1 So in original. The period probably should not appear. financing of a project under section 3908 of this title. (11) State The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (12) State infrastructure financing authority The term ‘‘State infrastructure financing authority’’ means the State entity established or designated by the Governor of a State to re- ceive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et.1 seq.) or section 300j–12 of title 42. (13) Subsidy amount The term ‘‘subsidy amount’’ means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, as calculated on a net present value basis, ex- cluding administrative costs and any inci- dental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). (14) Substantial completion The term ‘‘substantial completion’’, with re- spect to a project, means the earliest date on which a project is considered to perform the functions for which the project is designed. (15) Treatment works The term ‘‘treatment works’’ has the mean- ing given the term in section 212 of the Fed- eral Water Pollution Control Act (33 U.S.C. 1292). (Pub. L. 113–121, title V, § 5022, June 10, 2014, 128 Stat. 1332.) Editorial Notes REFERENCES IN TEXT The Securities Act of 1933, referred to in par. (5)(A), is title I of act May 27, 1933, ch. 38, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see section 77a of Title 15 and Tables. The Federal Water Pollution Control Act, referred to in par. (12), is act June 30, 1948, ch. 758, as amended gen- erally 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 classified generally to subchapter VI (§ 1381 et seq.) of chapter 26 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. The Federal Credit Reform Act of 1990, referred to in par. (13), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388–609, which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 113–121, title V, § 5021, June 10, 2014, 128 Stat. 1332, provided that: ‘‘This subtitle [subtitle C (§§ 5021–5035) of title V of Pub. L. 113–121, enacting this chapter] may be cited as the ‘Water Infrastructure Fi- nance and Innovation Act of 2014’.’’ ‘‘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. § 3902. Authority to provide assistance (a) In general The Secretary and the Administrator may pro- vide financial assistance under this chapter to carry out projects, which shall be selected to en- sure a diversity of project types and geo- graphical locations. (b) Responsibility (1) Secretary The Secretary shall provide financial assist- ance to carry out all projects under this chap- ter that are eligible projects under section 3905(1) of this title. (2) Administrator The Administrator shall provide financial assistance to carry out all projects under this chapter that are eligible projects under para- graphs (2), (3), (4), (5), (6), (7), and (9) of section 3905 of this title. (3) Other projects The Secretary or the Administrator, as ap- plicable, may carry out eligible projects under paragraph (8) or (10) of section 3905 of this title. (Pub. L. 113–121, title V, § 5023, June 10, 2014, 128 Stat. 1333; Pub. L. 114–322, title IV, § 5008(a), (b)(2)(A), Dec. 16, 2016, 130 Stat. 1896, 1897; Pub. L. 115–270, title IV, § 4201(a)(1), Oct. 23, 2018, 132 Stat. 3877.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–270, § 4201(a)(1)(A), struck out ‘‘pilot’’ before ‘‘projects’’. Subsec. (b)(1). Pub. L. 115–270, § 4201(a)(1), substituted ‘‘provide financial assistance to carry out all projects’’ for ‘‘carry out all pilot projects’’. Subsec. (b)(2). Pub. L. 115–270, § 4201(a)(1)(A), struck out ‘‘pilot’’ after ‘‘all’’. 2016—Subsec. (b)(2). Pub. L. 114–322, § 5008(b)(2)(A)(i), substituted ‘‘(7), and (9)’’ for ‘‘and (8)’’. Pub. L. 114–322, § 5008(a), substituted ‘‘provide finan- cial assistance to carry out’’ for ‘‘carry out’’. Subsec. (b)(3). Pub. L. 114–322, § 5008(b)(2)(A)(ii), sub- stituted ‘‘paragraph (8) or (10)’’ for ‘‘paragraph (7) 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. § 3903. Applications (a) In general To receive assistance under this chapter, an eligible entity shall submit to the Secretary or