Pub. L. 113-121, tit. V, subtit. C, sec. 5030 (as amended)
PROGRAM ADMINISTRATION.
SEC. 5030. [33 U.S.C. 3909] 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.
(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.
(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) 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 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.
(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.
(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 subtitle in the same manner that section applies to a treatment works for which a grant is made available under that Act.
- Cross-references to the US Code
- 33 U.S.C. 3909