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119th Congress

Title 33 — Navigation and Navigable Waters

Chapter 52 — Water Infrastructure Finance and Innovation

§ 3909. Program administration

Statutory text

(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, 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 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 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 et seq.); and

(B)

section 300j–12 of title 42.

(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 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, 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 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) 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 et seq.].

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Water Infrastructure Finance and Innovation Act of 2014

    Pub. L. 113–121 title V § 5030 · 128 Stat. 1193

    Enacted · 33 U.S.C. § 3909

    Pub. L. 113–121, title V, § 5030, June 10, 2014, 128 Stat. 1341

    Source evidence

    Code source credit
    Pub. L. 113–121, title V, § 5030, June 10, 2014, 128 Stat. 1341

    Enacted provision · exact public law section
    SEC. 5030. PROGRAM ADMINISTRATION. (a) Requirement.— The Secretary or the Administrator, as applicable, shall establish a uniform system to service the Federal credit instruments made available under this subtitle. (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 subtitle. (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 subtitle. (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 subtitle. (e) Applicability of Other Laws.— Section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372) 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 subtitle in the same manner that section applies to a treatment works for which a grant is made available under that Act.

  2. America’s Water Infrastructure Act of 2018

    Pub. L. 115–270 § 4201(b)(2)(A) · 132 Stat. 3765

    Added · 33 U.S.C. § 3909(b)(2)

    Pub. L. 115–270, § 4201(b)(2)(A), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–270, § 4201(b)(2)(A), added par. (2).

    Enacted provision · exact public law section
    (A) in subsection (b), by inserting after paragraph (1) the following: “(2) Prohibition on pass through fees.— The Administrator, in the case where a State infrastructure financing authority obtains financial assistance under section 5033(e), 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 5029(b)(7) to any party that utilizes any portion of such assistance for a project funded by such authority.” ; and

  3. America’s Water Infrastructure Act of 2018

    Pub. L. 115–270 § 4201(b)(2)(B) · 132 Stat. 3765

    Added · 33 U.S.C. § 3909(e); 33 U.S.C. § 3909(f)

    Pub. L. 115–270, § 4201(b)(2)(B), added subsecs. (e) and (f). Former subsec. (e) designated (h)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 115–270, § 4201(b)(2)(B), added subsecs. (e) and (f). Former subsec. (e) designated (h).

    Enacted provision · exact public law section
    (B) by redesignating subsection (e) as subsection (h) and inserting after subsection (d) the following: “(e) Special Rule for State Reviews of Projects for State Infrastructure Financing Authorities.— “(1) In general.— A project described in section 5026(9) 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 et seq.); and “(B) section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12). “(2) No new reviews required.— Nothing in this title requires any additional or new environmental or engineering review for a project described in section 5026(9) 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 Deadline. Notice. 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 5026(9), 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.” .

  4. America’s Water Infrastructure Act of 2018

    Pub. L. 115–270 § 4201(c) · 132 Stat. 3765

    Added · 33 U.S.C. § 3909(g)

    Pub. L. 115–270, § 4201(c), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–270, § 4201(c), added subsec. (g).

    Enacted provision · exact public law section
    (c) Administration of WIFIA Program.— Section 5030 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3909), as amended by subsection (b), is further amended by inserting after subsection (f) the following: “(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 5026 to receive financial assistance under this subtitle.” .

  5. America’s Water Infrastructure Act of 2018

    Pub. L. 115–270 § 4201(b)(2)(B) · 132 Stat. 3765

    Redesignated · 33 U.S.C. § 3909(h)

    Pub. L. 115–270, § 4201(b)(2)(B), redesignated subsec. (e) as (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 115–270, § 4201(b)(2)(B), redesignated subsec. (e) as (h).

    Enacted provision · exact public law section
    (B) by redesignating subsection (e) as subsection (h) and inserting after subsection (d) the following: “(e) Special Rule for State Reviews of Projects for State Infrastructure Financing Authorities.— “(1) In general.— A project described in section 5026(9) 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 et seq.); and “(B) section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12). “(2) No new reviews required.— Nothing in this title requires any additional or new environmental or engineering review for a project described in section 5026(9) 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 Deadline. Notice. 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 5026(9), 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.” .

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

The Federal Water Pollution Control Act, referred to in subsecs. (e)(1)(A) and (h), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, , 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.

Under this title and nothing in this title, referred to in subsec. (e), mean title V of Pub. L. 113–121, , 128 Stat. 1322. Subtitle C (§§ 5021–5035) of title V of Pub. L. 113–121 enacted this chapter. For complete classification of title V to the Code, see Tables.

Amendments

2018—Subsec. (b)(2). Pub. L. 115–270, § 4201(b)(2)(A), added par. (2).

Subsecs. (e), (f). Pub. L. 115–270, § 4201(b)(2)(B), added subsecs. (e) and (f). Former subsec. (e) designated (h).

Subsec. (g). Pub. L. 115–270, § 4201(c), added subsec. (g).

Subsec. (h). Pub. L. 115–270, § 4201(b)(2)(B), redesignated subsec. (e) as (h).

Statutory Notes and Related Subsidiaries

Agreement With Commissioner of Reclamation

Pub. L. 115–270, title IV, § 4301, , 132 Stat. 3880, provided that: “Not later than 1 year after the date of enactment of this Act [], the Administrator of the Environmental Protection Agency and the Commissioner of Reclamation shall enter into an agreement under section 5030(g) of the Water Infrastructure Finance and Innovation Act [33 U.S.C. 3909(g)] (as added by this Act).”

“Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

Credits

2014–2018 · 2 acts
  1. 2014Pub. L. 113–121, title V, § 5030, , 128 Stat. 1341
  2. 2018Pub. L. 115–270, title IV, § 4201(b)(2), (c), , 132 Stat. 3878, 3880.
Show as published

(Pub. L. 113–121, title V, § 5030, , 128 Stat. 1341; Pub. L. 115–270, title IV, § 4201(b)(2), (c), , 132 Stat. 3878, 3880.)

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