1
So in original. Probably should be “section”.
Amendments
1987—Subsec. (g)(1). [Pub. L. 100–4, § 316(c)], substituted “sentences, the Administrator” for “sentence, the Administrator” and inserted “(A)” after “October 1, 1984, for” and “and (B) any purpose for which a grant may be made under sections 1329(h) and (i) of this title (including any innovative and alternative approaches for the control of nonpoint sources of pollution),” before “except that”.
Subsec. (p). [Pub. L. 100–4, § 201], added subsec. (p).
1981—Subsec. (g)(1). [Pub. L. 97–117, § 2(a)], inserted provisions restricting, on or after Oct. 1, 1984, the categories of projects eligible for grants under this subchapter and providing an exception to the restriction for projects, other than specified projects, within the definition set forth in section 1292(2) of this title, but limiting such exception to not more than 20 per centum, as determined by the Governor of the State, of the amount allotted to a State under section 1285 of this title for any fiscal year.
Subsec. (k). [Pub. L. 97–117, § 10(c)], inserted provision that subsection not be in effect after Nov. 15, 1981.
Subsec. (l). [Pub. L. 97–117, § 3(a)], added subsec. (l).
Subsec. (m). [Pub. L. 97–117, § 4], added subsec. (m).
Subsec. (n). [Pub. L. 97–117, § 5], added subsec. (n).
Subsec. (o). [Pub. L. 97–117, § 6], added subsec. (o).
1980—Subsec. (h). [Pub. L. 96–483, § 2(d)], struck out text following par. (3), relating to payment to the United States by commercial users of that portion of the cost of construction applicable to treatment of commercial wastes to the extent attributable to the Federal share of the cost of construction.
Subsec. (k). [Pub. L. 96–483, § 3], added subsec. (k).
1977—Subsec. (g)(5). [Pub. L. 95–217, § 12], added par. (5).
Subsec. (g)(6). [Pub. L. 95–217, § 13], added par. (6).
Subsec. (h). [Pub. L. 95–217, § 14], added subsec. (h).
Subsec. (i). [Pub. L. 95–217, § 15], added subsec. (i).
Subsec. (j). [Pub. L. 95–217, § 16], added subsec. (j).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
[Pub. L. 96–483, § 2(g)], Oct. 21, 1980, [94 Stat. 2361], provided that: “The amendments made by this section [amending sections 1281, 1284, and 1293 of this title, enacting provisions set out as notes under section 1284 of this title, and amending provisions set out as a note under section 1284 of this title] shall take effect on December 27, 1977.”
Environmental Protection Agency State and Tribal Assistance Grants
[Pub. L. 105–174, title III], May 1, 1998, [112 Stat. 92], provided that: “Notwithstanding any other provision of law, eligible recipients of the funds appropriated to the Environmental Protection Agency in the State and Tribal Assistance Grants account since fiscal year 1997 and hereafter for multi-media or single media grants, other than Performance Partnership Grants authorized pursuant to [Public Law 104–134] and [Public Law 105–65] [see Grants to Indian Tribes for Pollution Prevention, Control, and Abatement notes set out below], for pollution prevention, control, and abatement and related activities have been and shall be those entities eligible for grants under the Agency’s organic statutes.”
Privatization of Infrastructure Assets
[Pub. L. 104–303, title V, § 586], Oct. 12, 1996, [110 Stat. 3791], provided that:“(a)
In General.—
Notwithstanding the provisions of title II of the Federal Water Pollution Control Act (
33 U.S.C. 1281 et seq.), Executive Order 12803 [
5 U.S.C. 601 note], or any other law or authority, an entity that received Federal grant assistance for an infrastructure asset under the Federal Water Pollution Control Act [
33 U.S.C. 1251 et seq.] shall not be required to repay any portion of the grant upon the lease or concession of the asset only if—
“(1)
ownership of the asset remains with the entity that received the grant; and
“(2)
the Administrator of the Environmental Protection Agency determines that the lease or concession furthers the purposes of such Act and approves the lease or concession.
“(b)
Limitation.—
The Administrator shall not approve a total of more than 5 leases and concessions under this section.”
Grants to States To Administer Completion and Closeout of Construction Grants Program
[Pub. L. 104–204, title III], Sept. 26, 1996, [110 Stat. 2912], provided in part: “That notwithstanding any other provision of law, beginning in fiscal year 1997 the Administrator may make grants to States, from funds available for obligation in the State under title II of the Federal Water Pollution Control Act [33 U.S.C. 1281 et seq.], as amended, for administering the completion and closeout of the State’s construction grants program, based on a budget annually negotiated with the State”.
Wastewater Assistance to Colonias
[Pub. L. 104–182, title III, § 307], Aug. 6, 1996, [110 Stat. 1688], as amended by [Pub. L. 117–263, div. H, title LXXXV, § 8503], Dec. 23, 2022, [136 Stat. 3856], provided that:“(a)
Definitions.—
As used in this section:
“(1)
Border state.—
The term ‘border State’ means Arizona, California, New Mexico, and Texas.
“(2)
Covered entity.—
The term ‘covered entity’ means each of the following:
“(B)
A local government with jurisdiction over an eligible community.
“(3)
Eligible community.—
The term ‘eligible community’ means a low-income community with economic hardship that—
“(A)
is commonly referred to as a colonia;
“(B)
is located along the United States-Mexico border (generally in an unincorporated area); and
“(C)
lacks basic sanitation facilities such as household plumbing or a proper sewage disposal system.
“(4)
Treatment works.—
The term ‘treatment works’ has the meaning provided in section 212(2) of the Federal Water Pollution Control Act (
33 U.S.C. 1292(2)).
“(b)
Grants for Wastewater Assistance.—
The Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies are authorized to award grants to a covered entity to provide assistance to eligible communities for the planning, design, and construction or improvement of sewers, treatment works, and appropriate connections for wastewater treatment.
“(c)
Use of Funds.—
Each grant awarded pursuant to subsection (b) shall be used to provide assistance to one or more eligible communities with respect to which the residents are subject to a significant health risk (as determined by the Administrator or the head of the Federal agency making the grant) attributable to the lack of access to an adequate and affordable treatment works for wastewater.
“(d)
Cost Sharing.—
The amount of a grant awarded pursuant to this section may not be less than 80 percent of the costs of carrying out the project that is the subject of the grant.
“(e)
Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2023 through 2027.”
Grants to Indian Tribes for Pollution Prevention, Control and Abatement
[Pub. L. 105–65, title III], Oct. 27, 1997, [111 Stat. 1373], provided in part that: “$745,000,000 for grants to States, federally recognized tribes, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities pursuant to the provisions set forth under this heading in [Public Law 104–134] [see below], provided that eligible recipients of these funds and the funds made available for this purpose since fiscal year 1996 and hereafter include States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies, as provided in authorizing statutes, subject to such terms and conditions as the Administrator shall establish, and for making grants under section 103 of the Clean Air Act [42 U.S.C. 7403] for particulate matter monitoring and data collection activities”.
[Pub. L. 105–65, title III], Oct. 27, 1997, [111 Stat. 1374], provided in part: “That, hereafter from funds appropriated under this heading [“Environmental Protection Agency” and “state and tribal assistance grants”], the Administrator is authorized to make grants to federally recognized Indian governments for the development of multi-media environmental programs: Provided further, That, hereafter, the funds available under this heading for grants to States, federally recognized tribes, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities may also be used for the direct implementation by the Federal Government of a program required by law in the absence of an acceptable State or tribal program”.
Similar provisions were contained in the following prior appropriation acts:
[Pub. L. 104–204, title III], Sept. 26, 1996, [110 Stat. 2912].
[Pub. L. 104–134, title I, § 101(e) [title III]], Apr. 26, 1996, [110 Stat. 1321–257], 1321–299, renumbered title I, [Pub. L. 104–140, § 1(a)], May 2, 1996, [110 Stat. 1327].
[Pub. L. 103–327, title III], Sept. 28, 1994, [108 Stat. 2320].
[Pub. L. 103–124, title III], Oct. 28, 1993, [107 Stat. 1293].
[Pub. L. 102–389, title III], Oct. 6, 1992, [106 Stat. 1597].
[Pub. L. 102–139, title III], Oct. 28, 1991, [105 Stat. 762].
[Pub. L. 101–507, title III], Nov. 5, 1990, [104 Stat. 1372].
[Pub. L. 104–134, title I, § 101(e) [title III]], Apr. 26, 1996, [110 Stat. 1321–257], 1321–299; renumbered title I, [Pub. L. 104–140, § 1(a)], May 2, 1996, [110 Stat. 1327], provided in part: “That beginning in fiscal year 1996 and each fiscal year thereafter, and notwithstanding any other provision of law, the Administrator is authorized to make grants annually from funds appropriated under this heading [“Environmental Protection Agency” and “state and tribal assistance grants”], subject to such terms and conditions as the Administrator shall establish, to any State or federally recognized Indian tribe for multimedia or single media pollution prevention, control and abatement and related environmental activities at the request of the Governor or other appropriate State official or the tribe”.
State Management of Construction Grant Activities
[Pub. L. 104–134, title I, § 101(e) [title III]], Apr. 26, 1996, [110 Stat. 1321–257], 1321–299; renumbered title I, [Pub. L. 104–140, § 1(a)], May 2, 1996, [110 Stat. 1327], provided in part: “That of the funds appropriated in the Construction Grants and Water Infrastructure/State Revolving Funds accounts since the appropriation for the fiscal year ending September 30, 1992, and hereafter, for making grants for wastewater treatment works construction projects, portions may be provided by the recipients to States for managing construction grant activities, on condition that the States agree to reimburse the recipients from State funding sources”.
Grants to Trust Territory of the Pacific Islands, American Samoa, Guam, Northern Mariana Islands, and Virgin Islands; Waiver of Collector Sewers Limitation
[Pub. L. 99–396, § 12(b)], Aug. 27, 1986, [100 Stat. 841], provided that: “In awarding grants to the Trust Territory of the Pacific Islands, American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands under section 201(g)(1) of the Clean Water Act (33 U.S.C. 1251 et seq.) [subsec. (g)(1) of this section], the Administrator of the Environmental Protection Agency may waive limitations regarding grant eligibility for sewerage facilities and related appurtenances, insofar as such limitations relate to collector sewers, based upon a determination that applying such limitations could hinder the alleviation of threats to public health and water quality. In making such a determination, the Administrator shall take into consideration the public health and water quality benefits to be derived and the availability of alternate funding sources. The Administrator shall not award grants under this section for the operation and maintenance of sewerage facilities, for construction of facilities which are not an essential component of the sewerage facilities, or any other activities or facilities which are not concerned with the management of wastewater to alleviate threats to public health and water quality.”[For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.]
Environmental Financing Authority
[Pub. L. 92–500, § 12], Oct. 18, 1972, [86 Stat. 899], as amended by [Pub. L. 97–258, § 4(b)], Sept. 13, 1982, [96 Stat. 1067], provided that:“(a)
[Short Title] This section may be cited as the Environmental Financing Act of 1972.
“(b)
[Establishment] There is hereby created a body corporate to be known as the Environmental Financing Authority, which shall have succession until dissolved by Act of Congress. The Authority shall be subject to the general supervision and direction of the Secretary of the Treasury. The Authority shall be an instrumentality of the United States Government and shall maintain such offices as may be necessary or appropriate in the conduct of its business.
“(c)
[Congressional Declaration of Purpose] The purpose of this section is to assure that inability to borrow necessary funds on reasonable terms does not prevent any State or local public body from carrying out any project for construction of waste treatment works determined eligible for assistance pursuant to subsection (e) of this section.
“(d)
[Board of Directors] (1) The Authority shall have a Board of Directors consisting of five persons, one of whom shall be the Secretary of the Treasury or his designee as Chairman of the Board, and four of whom shall be appointed by the President from among the officers or employees of the Authority or of any department or agency of the United States Government.
“(2)
The Board of Directors shall meet at the call of its Chairman. The Board shall determine the general policies which shall govern the operations of the Authority. The Chairman of the Board shall select and effect the appointment of qualified persons to fill the offices as may be provided for in the bylaws, with such executive functions, powers, and duties as may be prescribed by the bylaws or by the Board of Directors, and such persons shall be the executive officers of the Authority and shall discharge all such executive functions, powers, and duties. The members of the Board, as such, shall not receive compensation for their services.
“(e)
[Purchase of State and Local Obligations] (1) Until July 1, 1975, the Authority is authorized to make commitments to purchase, and to purchase on terms and conditions determined by the Authority, any obligation or participation therein which is issued by a State or local public body to finance the non-Federal share of the cost of any project for the construction of waste treatment works which the Administrator of the Environmental Protection Agency has determined to be eligible for Federal financial assistance under the Federal Water Pollution Control Act [this chapter].
“(2)
No commitment shall be entered into, and no purchase shall be made, unless the Administrator of the Environmental Protection Agency (A) has certified that the public body is unable to obtain on reasonable terms sufficient credit to finance its actual needs; (B) has approved the project as eligible under the Federal Water Pollution Control Act [this chapter], and (C) has agreed to guarantee timely payment of principal and interest on the obligation. The Administrator is authorized to guarantee such timely payments and to issue regulations as he deems necessary and proper to protect such guarantees. Appropriations are hereby authorized to be made to the Administrator in such sums as are necessary to make payments under such guarantees, and such payments are authorized to be made from such appropriations.
“(3)
No purchase shall be made of obligations issued to finance projects, the permanent financing of which occurred prior to the enactment of this section [Oct. 18, 1972].
“(4)
Any purchase by the Authority shall be upon such terms and conditions as to yield a return at a rate determined by the Secretary of the Treasury taking into consideration (A) the current average yield on outstanding marketable obligations of the United States of comparable maturity or in its stead whenever the Authority has sufficient of its own long-term obligations outstanding, the current average yield on outstanding obligations of the Authority of comparable maturity; and (B) the market yields on municipal bonds.
“(5)
The Authority is authorized to charge fees for its commitments and other services adequate to cover all expenses and to provide for the accumulation of reasonable contingency reserves and such fees shall be included in the aggregate project costs.
“(f)
[Initial Capital] To provide initial capital to the Authority the Secretary of the Treasury is authorized to advance the funds necessary for this purpose. Each such advance shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturities. Interest payments on such advances may be deferred, at the discretion of the Secretary, but any such deferred payments shall themselves bear interest at the rate specified in this section. There is authorized to be appropriated not to exceed $100,000,000, which shall be available for the purposes of this subsection.
“(g)
[Issuance of Obligations] (1) The Authority is authorized, with the approval of the Secretary of the Treasury, to issue and have outstanding obligations having such maturities and bearing such rate or rates of interest as may be determined by the Authority. Such obligations may be redeemable at the option of the Authority before maturity in such manner as may be stipulated therein.
“(2)
As authorized in appropriation Acts, and such authorizations may be without fiscal year limitations, the Secretary of the Treasury may in his discretion purchase or agree to purchase any obligations issued pursuant to paragraph (1) of this subsection, and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds of the sale of any securities hereafter issued under chapter 31 of title 31, as now or hereafter in force, and the purposes for which securities may be issued under chapter 31 of title 31, as now or hereafter in force, are extended to include such purchases. Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturities. The Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as he shall determine, any of the obligations acquired by him under this paragraph. All purchases and sales by the Secretary of the Treasury of such obligations under this paragraph shall be treated as public debt transactions of the United States. (As amended [Pub. L. 97–258, § 4(b)], Sept. 13, 1982, [96 Stat. 1067].)
“(h)
[Interest Differential] The Secretary of the Treasury is authorized and directed to make annual payments to the Authority in such amounts as are necessary to equal the amount by which the dollar amount of interest expense accrued by the Authority on account of its obligations exceeds the dollar amount of interest income accrued by the Authority on account of obligations purchased by it pursuant to subsection (e) of this section.
“(i)
[Powers] The Authority shall have power—
“(1)
to sue and be sued, complain and defend, in its corporate name;
“(2)
to adopt, alter, and use a corporate seal, which shall be judicially noticed;
“(3)
to adopt, amend, and repeal bylaws, rules, and regulations as may be necessary for the conduct of its business;
“(4)
to conduct its business, carry on its operations, and have offices and exercise the powers granted by this section in any State without regard to any qualification or similar statute in any State;
“(5)
to lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with any property, real, personal, or mixed, or any interest therein, wherever situated;
“(6)
to accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of the purposes of the Authority;
“(7)
to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of its property and assets;
“(8)
to appoint such officers, attorneys, employees, and agents as may be required, to define their duties, to fix and to pay such compensation for their services as may be determined, subject to the civil service and classification laws, to require bonds for them and pay the premium thereof; and
“(9)
to enter into contracts, to execute instruments, to incur liabilities, and to do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business.
“(j)
[Tax Exemption, Exemptions] The Authority, its property, its franchise, capital, reserves, surplus, security holdings, and other funds, and its income shall be exempt from all taxation now or hereafter imposed by the United States or by any State or local taxing authority; except that (A) any real property and any tangible personal property of the Authority shall be subject to Federal, State, and local taxation to the same extent according to its value as other such property is taxed, and (B) any and all obligations issued by the Authority shall be subject both as to principal and interest to Federal, State, and local taxation to the same extent as the obligations of private corporations are taxed.
“(k)
[Nature of Obligations] All obligations issued by the Authority shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under authority or control of the United States or of any officer or officers thereof. All obligations issued by the Authority pursuant to this section shall be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission, to the same extent as securities which are issued by the United States.
“(l)
[Preparation of Obligations by Secretary of the Treasury] In order to furnish obligations for delivery by the Authority, the Secretary of the Treasury is authorized to prepare such obligations in such form as the Authority may approve, such obligations when prepared to be held in the Treasury subject to delivery upon order by the Authority. The engraved plates, dies, bed pieces, and so forth, executed in connection therewith, shall remain in the custody of the Secretary of the Treasury. The Authority shall reimburse the Secretary of the Treasury for any expenditures made in the preparation, custody, and delivery of such obligations.
“(m)
[Annual Report to Congress] The Authority shall, as soon as practicable after the end of each fiscal year, transmit to the President and the Congress an annual report of its operations and activities.
“(o)
[Financial Controls] The budget and audit provisions of chapter 91 of title 31 shall be applicable to the Environmental Financing Authority in the same manner as they are applied to the wholly owned Government corporations. (As amended [Pub. L. 97–258, § 4(b)], Sept. 13, 1982, [96 Stat. 1067].)
“(p)
[Subsec. (p) amended section 711 of former Title 31, Money and Finance, and is not set out herein.]
”