33 U.S.C. § 1381 — Grants to States for establishment of re-

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- trator was authorized to use the amounts appropriated for any fiscal year under section 1329 of this title to make grants to Indian tribes pursuant to sections 1329(h) and 1377(e) of this title, were contained in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. 109–54, title II, Aug. 2, 2005, 119 Stat. 530, and were repeated in provi- sions of subsequent appropriations acts which are not set out in the Code. Similar provisions were contained in the following prior appropriations acts: Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. 3330. Pub. L. 108–199, div. G, title III, Jan. 23, 2004, 118 Stat. 406. Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 512. Pub. L. 107–73, title III, Nov. 26, 2001, 115 Stat. 685. Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–43. Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1083. § 1377a. Green infrastructure promotion (a) In general The Administrator shall promote the use of green infrastructure in, and coordinate the inte- gration of green infrastructure into, permitting and enforcement under this chapter, planning efforts, research, technical assistance, and fund- ing guidance of the Environmental Protection Agency. (b) Coordination of efforts The Administrator shall ensure that the Office of Water coordinates efforts to increase the use of green infrastructure with— (1) other Federal departments and agencies; (2) State, tribal, and local governments; and (3) the private sector. (c) Regional green infrastructure promotion The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and con- sistent with the requirements of this chapter, to promote and integrate the use of green infra- structure within the region, including through— (1) outreach and training regarding green in- frastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and (2) the incorporation of green infrastructure into permitting and other regulatory pro- grams, codes, and ordinance development, in- cluding the requirements under consent de- crees and settlement agreements in enforce- ment actions. (d) Green infrastructure information-sharing The Administrator shall promote green infra- structure information-sharing, including through an internet website, to share informa- tion with, and provide technical assistance to, State, tribal, and local governments, tribal com- munities, the private sector, and the public, re- garding green infrastructure approaches for— (1) reducing water pollution; (2) protecting water resources; (3) complying with regulatory requirements; and (4) achieving other environmental, public health, and community goals. (June 30, 1948, ch. 758, title V, § 519, as added Pub. L. 115–436, § 5(b)(2), Jan. 14, 2019, 132 Stat. 5561.) Editorial Notes PRIOR PROVISIONS A prior section 519 of act June 30, 1948, was renum- bered section 520 and is set out as a note under section 1251 of this title. SUBCHAPTER VI—STATE WATER POLLUTION CONTROL REVOLVING FUNDS § 1381. Grants to States for establishment of re- volving funds (a) General authority Subject to the provisions of this subchapter, the Administrator shall make capitalization grants to each State for the purpose of estab- lishing 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. (b) Schedule of grant payments The Administrator and each State shall joint- ly 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, except that— (1) such payments shall be made in quarterly installments, and (2) such payments shall be made as expedi- tiously 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 Page 598 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1382 (B) 12 quarters after the date such funds were allotted to the State. (June 30, 1948, ch. 758, title VI, § 601, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 22; amended Pub. L. 113–121, title V, § 5001, June 10, 2014, 128 Stat. 1322.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–121 substituted ‘‘to ac- complish the objectives, goals, and policies of this chapter by providing assistance for projects and activi- ties identified in section 1383(c) of this title.’’ for ‘‘for providing assistance (1) for construction of treatment works (as defined in section 1292 of this title) which are publicly owned, (2) for implementing a management program under section 1329 of this title, and (3) for de- veloping and implementing a conservation and manage- ment plan under section 1330 of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–121, title V, § 5006, June 10, 2014, 128 Stat. 1327, provided that: ‘‘This subtitle [subtitle A (§§ 5001–5006) of title V of Pub. L. 113–121, enacting sec- tion 1388 of this title and amending this section and sections 1382 and 1383 of this title], including any amendments made by the subtitle, shall take effect on October 1, 2014.’’ § 1382. Capitalization grant agreements (a) General rule To receive a capitalization grant with funds made available under this subchapter and sec- tion 1285(m) of this title, a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifica- tions set forth in subsection (b) of this section. (b) Specific requirements The Administrator shall enter into an agree- ment 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 in accordance with a payment schedule estab- lished jointly by the Administrator under sec- tion 1381(b) of this title and will deposit all such payments in the water pollution control revolving fund established by the State in ac- cordance 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 capitaliza- tion grants which will be made to the State with funds to be made available under this subchapter and section 1285(m) of this title 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 commit- ments to provide assistance in accordance with the requirements of this subchapter in an amount equal to 120 percent of the amount of each such grant payment within 1 year after the receipt of such grant payment; (4) all funds in the fund will be expended in an expeditious and timely manner; (5) all funds in the fund as a result of cap- italization grants under this subchapter and section 1285(m) of this title will first be used to assure maintenance of progress, as deter- mined by the Governor of the State, toward compliance with enforceable deadlines, goals, and requirements of this chapter, including the municipal compliance deadline; (6) treatment works eligible under this chap- ter which will be constructed in whole or in part with assistance made available by a State water pollution control revolving fund author- ized under this subchapter, or section 1285(m) of this title, or both, will meet the require- ments of, or otherwise be treated (as deter- mined by the Governor of the State) under sections 1371(c)(1) and 1372 of this title in the same manner as treatment works constructed with assistance under subchapter II of this chapter; (7) in addition to complying with the re- quirements of this subchapter, the State will commit or expend each quarterly grant pay- ment which it will receive under this sub- chapter in accordance with laws and proce- dures applicable to the commitment or ex- penditure of revenues of the State; (8) in carrying out the requirements of sec- tion 1386 of this title, the State will use ac- counting, audit, and fiscal procedures con- forming to generally accepted government ac- counting standards; (9) the State will require as a condition of making a loan or providing other assistance, as described in section 1383(d) of this title, from the fund that the recipient of such assist- ance will maintain project accounts in accord- ance with generally accepted government ac- counting standards, including standards relat- ing to the reporting of infrastructure assets; (10) the State will make annual reports to the Administrator on the actual use of funds in accordance with section 1386(d) of this title; (11) the State will establish, maintain, in- vest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for activities under this chapter; (12) any fees charged by the State to recipi- ents of assistance that are considered program income will be used for the purpose of financ- ing the cost of administering the fund or fi- nancing projects or activities eligible for as- sistance from the fund; (13) beginning in fiscal year 2016, the State will require as a condition of providing assist- ance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner deter- mined by the Governor of the State, that the recipient— (A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this sub- chapter; and (B) has selected, to the maximum extent practicable, a project or activity that maxi- mizes the potential for efficient water use, reuse, recapture, and conservation, and en- ergy conservation, taking into account—