Title 33 — Navigation and Navigable Waters

Chapter 52 — Water Infrastructure Finance and Innovation

§ 3912. Funding

Statutory text

In general

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—

$20,000,000 for fiscal year 2015;

$25,000,000 for fiscal year 2016;

$35,000,000 for fiscal year 2017;

$45,000,000 for fiscal year 2018; and

$50,000,000 for fiscal year 2019.

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.

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.

Administrative costs

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.

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.

Small community water infrastructure projects

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 section for small community water infrastructure projects described in section 3907(a)(2)(B) of this title.

Administration

Any amounts set aside under paragraph (1) that remain unobligated on June 1 of the fiscal year for which the amounts are set aside shall be available for obligation by the Secretary or the Administrator, as applicable, for projects other than small community water infrastructure projects.

Additional funding

Notwithstanding section 3908(b)(2) of this title, the Secretary or the Administrator, as applicable, 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 percent of the total project costs.

Assistance for State infrastructure financing authorities

In general

With respect to fiscal years 2022 through 2026, if the Administrator has available for obligation 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 described in section 3905(9) of this title to State infrastructure financing authorities.

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—

the total amount appropriated for the fiscal year for State loan funds under section 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 previous fiscal year’s appropriation for such purpose, whichever is greater; and

the total amount appropriated for the fiscal year for water pollution control revolving 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.

Inclusion in agreement

If the Administrator provides financial assistance to a State infrastructure financing authority under section 3908 of this title using funds made available pursuant to this subsection, the Administrator shall specify in the agreement under such section the amount of such assistance that is attributable to such funds.

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.

2014
Water Infrastructure Finance and Innovation Act of 2014
Pub. L. 113–121 title V § 5033 · 128 Stat. 1193
Enacted · 33 U.S.C. § 3912
Pub. L. 113–121, title V, § 5033, June 10, 2014, 128 Stat. 1342
Source evidence
Code source credit
Pub. L. 113–121, title V, § 5033, June 10, 2014, 128 Stat. 1342
Enacted provision · exact public law section
SEC. 5033. FUNDING. (a) In General.— There is authorized to be appropriated to each of the Secretary and the Administrator to carry out this subtitle, to remain available until expended— (1) $20,000,000 for fiscal year 2015; (2) $25,000,000 for fiscal year 2016; (3) $35,000,000 for fiscal year 2017; (4) $45,000,000 for fiscal year 2018; and (5) $50,000,000 for fiscal year 2019. (b) Administrative Costs.— Of the funds made available to carry out this subtitle, the Secretary or the Administrator, as applicable, may use for the administration of this subtitle, 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. (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 section for small community water infrastructure projects described in section 5028(a)(2)(B). (2) Administration.— Any amounts set aside under paragraph (1) that remain unobligated on June 1 of the fiscal year for which the amounts are set aside shall be available for obligation by the Secretary or the Administrator, as applicable, for projects other than small community water infrastructure projects. (d) Additional Funding.— Notwithstanding section 5029(b)(2), the Secretary or the Administrator, as applicable, 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 percent of the total project costs.
2018
America’s Water Infrastructure Act of 2018
Pub. L. 115–270 § 4201(a)(4)(A) · 132 Stat. 3765
1. Amended · 33 U.S.C. § 3912(a)
  Pub. L. 115–270, § 4201(a)(4)(A), designated existing provisions as par. (1)
2. Inserted · 33 U.S.C. § 3912(a)
  Pub. L. 115–270, § 4201(a)(4)(A), inserted heading
3. Substituted · 33 U.S.C. § 3912(a)
  Pub. L. 115–270, § 4201(a)(4)(A), substituted “There are” for “There is”
4. Redesignated · 33 U.S.C. § 3912(a)
  Pub. L. 115–270, § 4201(a)(4)(A), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), realigned margins
5. Added · 33 U.S.C. § 3912(a)
  Pub. L. 115–270, § 4201(a)(4)(A), added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–270, § 4201(a)(4)(A), designated existing provisions as par. (1) and inserted heading, substituted “There are” for “There is”, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), realigned margins, and added par. (2).
Enacted provision · exact public law section
(A) in subsection (a)— (i) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as so redesignated), by striking “There is” and inserting the following: “(1) Fiscal years 2015 through 2019.— There are” ; and (iii) by adding at the end the following: “(2) Fiscal years 2020 and 2021.— There is authorized to be appropriated to the Administrator to carry out this subtitle $50,000,000 for each of fiscal years 2020 and 2021, to remain available until expended.” ; and
2018
America’s Water Infrastructure Act of 2018
Pub. L. 115–270 § 4201(a)(4)(B) · 132 Stat. 3765
1. Amended · 33 U.S.C. § 3912(b)
  Pub. L. 115–270, § 4201(a)(4)(B), designated existing provisions as par. (1)
2. Inserted · 33 U.S.C. § 3912(b)
  Pub. L. 115–270, § 4201(a)(4)(B), inserted heading
3. Added · 33 U.S.C. § 3912(b)
  Pub. L. 115–270, § 4201(a)(4)(B), added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–270, § 4201(a)(4)(B), designated existing provisions as par. (1), inserted heading, and added par. (2).
Enacted provision · exact public law section
(B) in subsection (b)— (i) by striking “Of the funds” and inserting the following: “(1) Fiscal years 2015 through 2019.— Of the funds” ; and (ii) by adding at the end the following: “(2) Fiscal years 2020 and 2021.— Of the funds made available to carry out this subtitle, the Administrator may use for the administration of this subtitle, 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 2020 and 2021.” .
2018
America’s Water Infrastructure Act of 2018
Pub. L. 115–270 § 4201(b)(3) · 132 Stat. 3765
Added · 33 U.S.C. § 3912(e)
Pub. L. 115–270, § 4201(b)(3), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 115–270, § 4201(b)(3), added subsec. (e).
Enacted provision · exact public law section
(3) Authorization of appropriations.— Section 5033 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3912) is further amended by adding at the end the following: “(e) Assistance for State Infrastructure Financing Authorities.— “(1) In general.— With respect to fiscal years 2020 and 2021, if the Administrator has available for obligation 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 described in section 5026(9) 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 section 1452 of the Safe Drinking Water Act is less than either the amount made available for such purpose in fiscal year 2018, or 105 percent of the previous fiscal year’s appropriation for such purpose, whichever is greater; and “(B) the total amount appropriated for the fiscal year for water pollution control revolving funds under title VI of the Federal Water Pollution Control Act 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 assistance to a State infrastructure financing authority under section 5029 using funds made available pursuant to this subsection, the Administrator shall specify in the agreement under such section the amount of such assistance that is attributable to such funds.” .
2021
Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50215(a)(1) · 135 Stat. 429
Added · 33 U.S.C. § 3912(a)(3)
Pub. L. 117–58, § 50215(a)(1), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 117–58, § 50215(a)(1), added par. (3).
Enacted provision · exact public law section
(1) in subsection (a), by adding at the end the following: “(3) Fiscal years 2022 through 2026.— There is authorized to be appropriated to the Administrator to carry out this subtitle $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.” ;
2021
Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50215(a)(2) · 135 Stat. 429
1. Substituted · 33 U.S.C. § 3912(b)(2)
  Pub. L. 117–58, § 50215(a)(2), substituted “after 2019” for “2020 and 2021” in text
2. Substituted · 33 U.S.C. § 3912(b)(2)
  Pub. L. 117–58, § 50215(a)(2), substituted “2022 through 2026” for “2020 and 2021” in text
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(2) in subsection (b)(2)— (A) in the paragraph heading, by striking “2020 and 2021” and inserting “after 2019”; and (B) by striking “2020 and 2021” and inserting “2022 through 2026”; and
2021
Drinking Water and Wastewater Infrastructure Act of 2021
Pub. L. 117–58 § 50215(a)(3) · 135 Stat. 429
Substituted · 33 U.S.C. § 3912(e)(1)
Pub. L. 117–58, § 50215(a)(3), substituted “2022 through 2026” for “2020 and 2021”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 117–58, § 50215(a)(3), substituted “2022 through 2026” for “2020 and 2021”.
Enacted provision · exact public law section
(3) in subsection (e)(1), by striking “2020 and 2021” and inserting “2022 through 2026”.

14 of 14 references resolved to an enrolled provision

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 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.

Amendments2018–2021 · 2 rounds

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), designated existing provisions as par. (1) and inserted heading, substituted “There are” for “There is”, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, 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 section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

Credits

2014–2021 · 3 acts

2014Pub. L. 113–121, title V, § 5033, June 10, 2014, 128 Stat. 1342
2018Pub. L. 115–270, title IV, § 4201(a)(4), (b)(3), Oct. 23, 2018, 132 Stat. 3878, 3879
2021Pub. L. 117–58, div. E, title II, § 50215(a), Nov. 15, 2021, 135 Stat. 1174.

Show as published

(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.)