,i #aacth ,,congress #ast ,session ,h4 ,r4 #ahgg ,,in ,,the ,,house ,,of ,,representatives ,may #h1 #bjac ,mr4 ,bishop of ,new ,york 7for himself1 ,mr4 ,rahall1 ,mr4 ,young of ,alaska1 ,ms4 ,norton1 ,mr4 ,king of ,new ,york1 ,ms4 ,esty1 ,mrs4 ,napolitano1 ,ms4 ,eddie ,bernice ,johnson of ,texas1 ,mr4 ,garamendi1 ,mr4 ,cummings1 ,mr4 ,nadler1 ,mr4 ,capuano1 ,ms4 ,brown of ,florida1 ,mr4 ,larsen of ,washington1 ,mr4 ,michaud1 ,ms4 ,edwards1 ,ms4 ,frankel of ,florida1 ,mr4 ,de,fazio1 ,mr4 ,nolan1 ,mrs4 ,kirkpatrick1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,mr4 ,cohen1 ,mr4 ,sires1 ,ms4 ,hahn1 ,mr4 ,lipinski1 ,ms4 ,titus1 ,mr4 ,walz1 and ,mrs4 ,bustos7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act to authorize appropriations for ,state water pollution control revolving funds1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,in general ,this ,act may be cited as the ,water ,quality ,protection and ,job ,creation ,act of #bjac4 7b7 ,table of contents ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,amendment of ,federal ,water ,pollution ,control ,act4 ,title ,i--,water ,quality ,financing ,subtitle ,a--,technical and ,management ,assistance ,sec4 #aaja4 ,technical assistance4 ,sec4 #aajb4 ,state management assistance4 ,sec4 #aajc4 ,watershed pilot projects4 ,subtitle ,b--,construction of ,treatment ,works ,sec4 #abja4 ,sewage collection systems4 ,sec4 #abjb4 ,treatment works defined4 ,subtitle ,c--,state ,water ,pollution ,control ,revolving ,funds ,sec4 #acja4 ,general authority for capitalization grants4 ,sec4 #acjb4 ,capitalization grant agreements4 ,sec4 #acjc4 ,water pollution control revolving loan funds4 ,sec4 #acjd4 ,allotment of funds4 ,sec4 #acje4 ,intended use plan4 ,sec4 #acjf4 ,annual reports4 ,sec4 #acjg4 ,technical assistance2 requirements for use of ,american materials4 ,sec4 #acjh4 ,economic hardship waiver4 ,sec4 #acji4 ,authorization of appropriations4 ,subtitle ,d--,general ,provisions ,sec4 #adja4 ,definition of treatment works4 ,sec4 #adjb4 ,funding for ,indian programs4 ,subtitle ,e--,tonnage ,duties ,sec4 #aeja4 ,tonnage duties4 ,title ,,ii--,alternative ,water ,source ,projects ,sec4 #bjja4 ,pilot program for alternative water source projects4 ,title ,,iii--,sewer ,overflow ,control ,grants ,sec4 #cjja4 ,sewer overflow control grants4 ,title ,,iv--,clean ,water ,trust ,fund ,sec4 #djja4 ,establishment of ,clean ,water ,trust ,fund4 ,sec4 #djjb4 ,allocation of funds4 ,sec4 #djjc4 ,revenues for ,clean ,water ,trust ,fund4 ,title ,v--,water ,pollution ,control ,investment ,sec4 #ejja4 ,short title4 ,sec4 #ejjb4 ,definitions4 ,sec4 #ejjc4 ,direct loans4 ,sec4 #ejjd4 ,guarantees4 #b4 ,amendment of ,federal ,water ,pollution ,control ,act ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 ,i ,water ,quality ,financing ,a ,technical and ,management ,assistance #aaja4 ,technical assistance 7a7 ,technical ,assistance for ,rural and ,small ,treatment ,works ,section #ajd7;b7 7#cc ,u4,s4,c4 #abed7;b77 is amended-- 7#a7 by striking and at the end of paragraph 7#f72 7#b7 by striking the period at the end of paragraph 7#g7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#h7 make grants to nonprofit organizations-- 7,a7 to provide technical assistance to rural and small municipalities and tribal governments for the purpose of assisting1 in consultation with the ,state in which the assistance is provided1 such municipalities and tribal governments in the planning1 developing1 and acquisition of financing for eligible projects described in section #fjc7;c72 7,b7 to provide technical assistance and training for rural1 small1 and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this ,act2 and 7,c7 to disseminate information to rural1 small1 and tribal municipalities and municipalities that meet the affordability criteria established under section #fjc7;i77#b7 by the ,state in which the municipality is located with respect to planning1 design1 construction1 and operation of publicly owned treatment works and decentralized wastewater treatment systems4 4 7b7 ,authorization of ,appropriations ,section #ajd7u7 7#cc ,u4,s4,c4 #abed7u77 is amended-- 7#a7 by striking and 7#f7 and inserting 7#f72 and 7#b7 by inserting before the period at the end the following3 2 and 7#g7 not to exceed #ajj1jjj1jjj for each of fiscal years #bjad through #bjah for carrying out subsections 7b77#c71 7b77#h71 and 7g71 except that not less than #bj percent of the amounts appropriated pursuant to this paragraph in a fiscal year shall be used for carrying out subsection 7b77#h74 7c7 ,small flows clearinghouse ,section #ajd7q77#d7 7#cc ,u4,s4,c4 #abed7q77#d77 is amended-- 7#a7 in the first sentence by striking #a1jjj1jjj and inserting #c1jjj1jjj2 and 7#b7 in the second sentence by striking #aihf and inserting #bjah4 #aajb4 ,state management assistance 7a7 ,authorization of appropriations ,section #ajf7;a7 7#cc ,u4,s4,c4 #abef7;a77 is amended-- 7#a7 by striking and at the end of paragraph 7#a72 7#b7 by striking the semicolon at the end of paragraph 7#b7 and inserting 2 and2 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 such sums as may be necessary for each of fiscal years #aiia through #bjac1 and #cjj1jjj1jjj for each of fiscal years #bjad through #bjah2 4 7b7 ,technical amendment ,section #ajf7;e7 7#cc ,u4,s4,c4 #abef7;e77 is amended by striking ,beginning in fiscal year #aigd the and inserting ,the4 #aajc4 ,watershed pilot projects 7a7 ,pilot ,projects ,section #abb 7#cc ,u4,s4,c4 #abgd7 is amended-- 7#a7 in the section heading by striking ,wet weather2 and 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking for treatment works and inserting to a municipality or municipal entity2 and 7ii7 by striking of wet weather discharge control2 7,b7 in paragraph 7#b7 by striking in reducing such pollutants and all that follows before the period at the end and inserting to manage1 reduce1 treat1 or reuse municipal stormwater1 including low-impact development technologies and other techniques that utilize infiltration1 evapotranspiration1 and reuse of storm water on site2 and 7,c7 by adding at the end the following3 7#c7 ,watershed partnerships ,efforts of municipalities and property owners to demonstrate cooperative ways to address nonpoint sources of pollution to reduce adverse impacts on water quality4 7#d7 ,integrated water resource plan ,the development of an integrated water resource plan for the coordinated management and protection of surface water1 ground water1 and stormwater resources on a watershed or subwatershed basis to meet the objectives1 goals1 and policies of this ,act4 7#e7 ,municipality-wide storm water management planning ,the development of a municipality-wide plan that identifies the most effective placement of storm water technologies and management approaches1 including green infrastructure1 to reduce water quality impairments from storm water on a municipality-wide basis4 7#f7 ,increased resilience of treatment works ,efforts to assess future risks and vulnerabilities of publicly owned treatment works to man-made or natural disasters1 including extreme weather events and sea-level rise1 and to carry out measures1 on a system-wide or area-wide basis1 to increase the resiliency of publicly owned treatment works4 4 7b7 ,authorization of appropriations ,the first sentence of section #abb7;c77#a7 is amended-- 7#a7 by striking 8and02 and 7#b7 by striking the period and inserting 1 such sums as may be necessary for each of fiscal years #bjje through #bjac1 and #abj1jjj1jjj for each of fiscal years #bjad through #bjah4 7c7 ,report to ,congress ,section #abb7;d7 is amended by striking #e years after the date of enactment of this section1 and inserting ,october #a1 #bjae14 ,b ,construction of ,treatment ,works #abja4 ,sewage collection systems ,section #baa 7#cc ,u4,s4,c4 #abia7 is amended-- 7#a7 by striking the section heading and all that follows through 7a7 ,no and inserting the following3 #baa4 ,sewage collection systems 7a7 ,in ,general ,no 2 7#b7 in subsection 7b7 by inserting ,population ,density4-- after 7b72 and 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,exceptions 7#a7 ,replacement and major rehabilitation ,notwithstanding the requirement of subsection 7a77#a7 concerning the existence of a collection system as a condition of eligibility1 a project for replacement or major rehabilitation of a collection system existing on ,january #a1 #bjjg1 shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection 7a77#a7 and meets the requirement of paragraph 7#c74 7#b7 ,new systems ,notwithstanding the requirement of subsection 7a77#b7 concerning the existence of a community as a condition of eligibility1 a project for a new collection system to serve a community existing on ,january #a1 #bjjg1 shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection 7a77#b7 and meets the requirement of paragraph 7#c74 7#c7 ,requirement ,a project meets the requirement of this paragraph if the purpose of the project is to accomplish the objectives1 goals1 and policies of this ,act by addressing an adverse environmental condition existing on the date of enactment of this paragraph4 4 #abjb4 ,treatment works defined ,section #bab7b77;,a7 7#cc ,u4,s4,c4 #abib7b77;,a77 is amended-- 7#a7 by striking any works1 including site2 7#b7 by striking is used for ultimate and inserting will be used for ultimate2 and 7#c7 by inserting before the period at the end the following3 and acquisition of other lands1 and interests in lands1 which are necessary for construction4 ,c ,state ,water ,pollution ,control ,revolving ,funds #acja4 ,general authority for capitalization grants ,section #fja7;a7 7#cc ,u4,s4,c4 #acha7;a77 is amended by striking for providing assistance and all that follows through the period at the end and inserting the following3 to accomplish the objectives1 goals1 and policies of this ,act by providing assistance for projects and activities identified in section #fjc7;c744 #acjb4 ,capitalization grant agreements 7a7 ,reporting ,infrastructure ,assets ,section #fjb7;b77#i7 7#cc ,u4,s4,c4 #achb7;b77#i77 is amended by striking standards and inserting standards1 including standards relating to the reporting of infrastructure assets4 7b7 ,additional ,requirements ,section #fjb7;b7 7#cc ,u4,s4,c4 #achb7;b77 is amended-- 7#a7 in paragraph 7#f7-- 7,a7 by striking before fiscal year #aiie2 7,b7 by striking funds directly made available by capitalization grants under this title and section #bje7m7 of this ,act and inserting assistance made available by a ,state water pollution control revolving fund as authorized under this title1 or with assistance made available under section #bje7m71 or both12 and 7,c7 by striking #bja7;b7 and all that follows through #eac and inserting #baa and #eaa7;c77#a72 7#b7 by striking and at the end of paragraph 7#i72 7#c7 by striking the period at the end of paragraph 7#aj7 and inserting a semicolon2 and 7#d7 by adding at the end the following3 7#aa7 the ,state will establish1 maintain1 invest1 and credit the fund with repayments1 such that the fund balance will be available in perpetuity for providing financial assistance in accordance with this title2 7#ab7 any fees charged by the ,state to recipients of assistance that are considered program income will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund2 7#ac7 beginning in fiscal year #bjad1 the ,state will include as a condition of providing assistance to a municipality or intermunicipal1 interstate1 or ,state agency that the recipient of such assistance certify1 in a manner determined by the ,governor of the ,state1 that the recipient-- 7,a7 has studied and evaluated the cost and effectiveness of the processes1 materials1 techniques1 and technologies for carrying out the proposed project or activity for which assistance is sought under this title1 and has selected1 to the extent practicable1 a project or activity that maximizes the potential for efficient water use1 reuse1 and conservation1 and energy conservation1 taking into account the cost of constructing the project or activity1 the cost of operating and maintaining the project or activity over its life1 and the cost of replacing the project or activity2 and 7,b7 has considered1 to the maximum extent practicable and as determined appropriate by the recipient1 the costs and effectiveness of other design1 management1 and financing approaches for carrying out a project or activity for which assistance is sought under this title1 taking into account the cost of constructing the project or activity1 the cost of operating and maintaining the project or activity over its life1 and the cost of replacing the project or activity2 7#ad7 the ,state will use at least #ae percent of the amount of each capitalization grant received by the ,state under this title after ,september #cj1 #bjad1 to provide assistance to municipalities of fewer than #aj1jjj individuals that meet the affordability criteria established by the ,state under section #fjc7;i77#b7 for projects or activities included on the ,state's priority list established under section #fjc7;g71 to the extent that there are sufficient applications for such assistance2 7#ae7 a contract to be carried out using funds directly made available by a capitalization grant under this title for program management1 construction management1 feasibility studies1 preliminary engineering1 design1 engineering1 surveying1 mapping1 or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter #aa of title #dj1 ,united ,states ,code1 or an equivalent ,state qualifications-based requirement 7as determined by the ,governor of the ,state72 and 7#af7 the requirements of section #eac will apply to the construction of treatment works carried out in whole or in part with assistance made available by a ,state water pollution control revolving fund as authorized under this title1 or with assistance made available under section #bje7m71 or both1 in the same manner as treatment works for which grants are made under this ,act4 4 #acjc4 ,water pollution control revolving loan funds 7a7 ,projects and ,activities ,eligible for ,assistance ,section #fjc7;c7 7#cc ,u4,s4,c4 #achc7;c77 is amended to read as follows3 7c7 ,projects and ,activities ,eligible for ,assistance ,the amounts of funds available to each ,state water pollution control revolving fund shall be used only for providing financial assistance-- 7#a7 to any municipality or intermunicipal1 interstate1 or ,state agency for construction of publicly owned treatment works2 7#b7 for the implementation of a management program established under section #cai2 7#c7 for development and implementation of a conservation and management plan under section #cbj2 7#d7 for repair or replacement of decentralized wastewater treatment systems that treat domestic sewage2 7#e7 for measures to manage1 reduce1 treat1 or reuse municipal stormwater2 7#f7 to any municipality or intermunicipal1 interstate1 or ,state agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation1 efficiency1 or reuse2 7#g7 for the development and implementation of watershed projects meeting the criteria set forth in section #abb2 and 7#h7 to any municipality or intermunicipal1 interstate1 or ,state agency for measures to reduce the energy consumption needs for publicly owned treatment works1 including the implementation of energy-efficient or renewable-energy generation technologies4 4 7b7 ,extended ,repayment ,period ,section #fjc7;d77#a7 7#cc ,u4,s4,c4 #achc7;d77#a77 is amended-- 7#a7 in subparagraph 7,a7 by striking #bj years and inserting the lesser of #cj years or the design life of the project to be financed with the proceeds of the loan2 and 7#b7 in subparagraph 7,b7 by striking not later than #bj years after project completion and inserting upon the expiration of the term of the loan4 7c7 ,fiscal ,sustainability ,plan ,section #fjc7;d77#a7 7#cc ,u4,s4,c4 #achc7;d77#a77 is further amended-- 7#a7 by striking and at the end of subparagraph 7,c72 7#b7 by inserting and at the end of subparagraph 7,d72 and 7#c7 by adding at the end the following3 7,e7 for any portion of a treatment works proposed for repair1 replacement1 or expansion1 and eligible for assistance under section #fjc7;c77#a71 the recipient of a loan will develop and implement a fiscal sustainability plan that includes-- 7i7 an inventory of critical assets that are a part of that portion of the treatment works2 7ii7 an evaluation of the condition and performance of inventoried assets or asset groupings2 7iii7 a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan2 and 7iv7 a plan for maintaining1 repairing1 and1 as necessary1 replacing that portion of the treatment works and a plan for funding such activities2 4 7d7 ,administrative ,expenses ,section #fjc7;d77#g7 7#cc ,u4,s4,c4 #achc7;d77#g77 is amended by inserting before the period at the end the following3 1 #djj1jjj per year1 or #a_/e percent per year of the current valuation of the fund1 whichever amount is greatest1 plus the amount of any fees collected by the ,state for such purpose regardless of the source4 7e7 ,technical and ,planning ,assistance for ,small ,systems ,section #fjc7;d7 7#cc ,u4,s4,c4 #achc7;d77 is amended-- 7#a7 by striking and at the end of paragraph 7#f72 7#b7 by striking the period at the end of paragraph 7#g7 and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#h7 to provide grants to owners and operators of treatment works that serve a population of #aj1jjj or fewer for obtaining technical and planning assistance and assistance in financial management1 user fee analysis1 budgeting1 capital improvement planning1 facility operation and maintenance1 equipment replacement1 repair schedules1 and other activities to improve wastewater treatment plant management and operations1 except that the total amount provided by the ,state in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the ,state from the fund in the preceding fiscal year1 or #b percent of the total amount received by the ,state in capitalization grants under this title in the preceding fiscal year1 whichever amount is greatest2 and 7#i7 to provide grants to owners and operators of treatment works for conducting an assessment of the energy and water consumption of the treatment works1 and evaluating potential opportunities for energy and water conservation through facility operation and maintenance1 equipment replacement1 and projects or activities that promote the efficient use of energy and water by the treatment works1 except that the total amount provided by the ,state in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the ,state from the fund in the preceding fiscal year1 or #b percent of the total amount received by the ,state in capitalization grants under this title in the preceding fiscal year1 whichever amount is greatest4 4 7f7 ,additional ,subsidization ,section #fjc 7#cc ,u4,s4,c4 #achc7 is amended by adding at the end the following3 7i7 ,additional ,subsidization 7#a7 ,in general ,in any case in which a ,state provides assistance to a municipality or intermunicipal1 interstate1 or ,state agency under subsection 7d71 the ,state may provide additional subsidization1 including forgiveness of principal and negative interest loans-- 7,a7 to benefit a municipality that-- 7i7 meets the ,state's affordability criteria established under paragraph 7#b72 or 7ii7 does not meet the ,state's affordability criteria if the recipient-- 7,i7 seeks additional subsidization to benefit individual ratepayers in the residential user rate class2 7,,ii7 demonstrates to the ,state that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought2 and 7,,iii7 ensures1 as part of an assistance agreement between the ,state and the recipient1 that the additional subsidization provided under this paragraph is directed through a user charge rate system 7or other appropriate method7 to such ratepayers2 or 7,b7 to implement a process1 material1 technique1 or technology to address water-efficiency goals1 address energy-efficiency goals1 mitigate stormwater runoff1 or encourage environmentally sustainable project planning1 design1 and construction4 7#b7 ,affordability criteria 7,a7 ,establishment ,on or before ,september #cj1 #bjad1 and after providing notice and an opportunity for public comment1 a ,state shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under section #fjc7;c77#a7 if additional subsidization is not provided4 ,such criteria shall be based on income data1 population trends1 and other data determined relevant by the ,state1 including whether the project or activity is to be carried out in an economically distressed area1 as described in section #cja of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa74 7,b7 ,existing criteria ,if a ,state has previously established1 after providing notice and an opportunity for public comment1 affordability criteria that meet the requirements of subparagraph 7,a71 the ,state may use the criteria for the purposes of this subsection4 ,for purposes of this ,act1 any such criteria shall be treated as affordability criteria established under this paragraph4 7,c7 ,information to assist states ,the ,administrator may publish information to assist ,states in establishing affordability criteria under subparagraph 7,a74 7#c7 ,priority ,a ,state may give priority to a recipient for a project or activity eligible for funding under section #fjc7;c77#a7 if the recipient meets the ,state's affordability criteria4 7#d7 ,set-aside 7,a7 ,in general ,in any fiscal year in which the ,administrator has available for obligation more than #a1jjj1jjj1jjj for the purposes of this title1 a ,state shall provide additional subsidization under this subsection in the amount specified in subparagraph 7,b7 to eligible entities described in paragraph 7#a7 for projects and activities identified in the ,state's intended use plan prepared under section #fjf7;c7 to the extent that there are sufficient applications for such assistance4 7,b7 ,amount ,in a fiscal year described in subparagraph 7,a71 a ,state shall set aside for purposes of subparagraph 7,a7 an amount not less than #be percent of the difference between-- 7i7 the total amount that would have been allotted to the ,state under section #fjd for such fiscal year if the amount available to the ,administrator for obligation under this title for such fiscal year had been equal to #a1jjj1jjj1jjj2 and 7ii7 the total amount allotted to the ,state under section #fjd for such fiscal year4 7#e7 ,limitation ,the total amount of additional subsidization provided under this subsection by a ,state may not exceed #cj percent of the total amount of capitalization grants received by the ,state under this title in fiscal years beginning after ,september #cj1 #bjac4 4 #acjd4 ,allotment of funds 7a7 ,in ,general ,section #fjd7;a7 7#cc ,u4,s4,c4 #achd7;a77 is amended to read as follows3 7a7 ,allotments 7#a7 ,fiscal years #bjad and #bjae ,sums appropriated to carry out this title for each of fiscal years #bjad and #bjae shall be allotted by the ,administrator in accordance with the formula used to allot sums appropriated to carry out this title for fiscal year #bjac4 7#b7 ,fiscal year #bjaf and thereafter ,sums appropriated to carry out this title for fiscal year #bjaf and each fiscal year thereafter shall be allotted by the ,administrator as follows3 7,a7 ,amounts that do not exceed #a1cej1jjj1jjj shall be allotted in accordance with the formula described in paragraph 7#a74 7,b7 ,amounts that exceed #a1cej1jjj1jjj shall be allotted in accordance with the formula developed by the ,administrator under subsection 7d74 4 7b7 ,planning ,assistance ,section #fjd7;b7 7#cc ,u4,s4,c4 #achd7;b77 is amended by striking #a percent and inserting #b percent4 7c7 ,formula ,section #fjd 7#cc ,u4,s4,c4 #achd7 is amended by adding at the end the following3 7d7 ,formula ,based on ,water ,quality ,needs ,not later than ,september #cj1 #bjae1 and after providing notice and an opportunity for public comment1 the ,administrator shall publish an allotment formula based on water quality needs in accordance with the most recent survey of needs developed by the ,administrator under section #eaf7;b7 and any other information the ,administrator considers appropriate4 4 #acje4 ,intended use plan 7a7 ,integrated ,priority ,list ,section #fjc7;g7 7#cc ,u4,s4,c4 #achc7;g77 is amended to read as follows3 7g7 ,priority ,list 7#a7 ,in general ,for fiscal year #bjae and each fiscal year thereafter1 a ,state shall establish or update a list of projects and activities for which assistance is sought from the ,state's water pollution control revolving fund4 ,such projects and activities shall be listed in priority order based on the methodology established under paragraph 7#b74 ,the ,state may provide financial assistance from the ,state's water pollution control revolving fund only with respect to a project or activity included on such list4 ,in the case of projects and activities eligible for assistance under section #fjc7;c77#b71 the ,state may include a category or subcategory of nonpoint sources of pollution on such list in lieu of a specific project or activity4 7#b7 ,methodology 7,a7 ,in general ,not later than #a year after the date of enactment of this paragraph1 and after providing notice and opportunity for public comment1 each ,state 7acting through the ,state's water quality management agency and other appropriate agencies of the ,state7 shall establish a methodology for developing a priority list under paragraph 7#a74 7,b7 ,priority for projects and activities that achieve greatest water quality improvement ,in developing the methodology1 the ,state shall seek to achieve the greatest degree of water quality improvement1 taking into consideration the requirements of section #fjb7;b77#e7 and section #fjc7;i77#c71 whether such water quality improvements would be realized without assistance under this title1 and whether the proposed projects and activities would address water quality impairments associated with existing treatment works4 7,c7 ,considerations in selecting projects and activities ,in determining which projects and activities will achieve the greatest degree of water quality improvement1 the ,state shall consider-- 7i7 information developed by the ,state under sections #cjc7;d7 and #cje7;b72 7ii7 the ,state's continuing planning process developed under section #cjc7;e72 7iii7 the ,state's management program developed under section #cai2 and 7iv7 conservation and management plans developed under section #cbj4 7,d7 ,nonpoint sources ,for categories or subcategories of nonpoint sources of pollution that a ,state may include on its priority list under paragraph 7#a71 the ,state shall consider the cumulative water quality improvements associated with projects or activities in such categories or subcategories4 7,e7 ,existing methodologies ,if a ,state has previously developed1 after providing notice and an opportunity for public comment1 a methodology that meets the requirements of this paragraph1 the ,state may use the methodology for the purposes of this subsection4 4 7b7 ,intended ,use ,plan ,section #fjf7;c7 7#cc ,u4,s4,c4 #achf7;c77 is amended-- 7#a7 in the matter preceding paragraph 7#a7 by striking each ,state shall annually prepare and inserting each ,state 7acting through the ,state's water quality management agency and other appropriate agencies of the ,state7 shall annually prepare and publish2 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 the ,state's priority list developed under section #fjc7;g72 2 7#c7 in paragraph 7#d7-- 7,a7 by striking and 7#f7 and inserting 7#f71 7#ae71 and 7#ag72 and 7,b7 by striking and at the end2 7#d7 by striking the period at the end of paragraph 7#e7 and inserting 2 and2 and 7#e7 by adding at the end the following3 7#f7 if the ,state does not fund projects and activities in the order of the priority established under section #fjc7;g71 an explanation of why such a change in order is appropriate4 4 7c7 ,transitional ,provision ,before completion of a priority list based on a methodology established under section #fjc7;g7 of the ,federal ,water ,pollution ,control ,act 7as amended by this section71 a ,state shall continue to comply with the requirements of sections #fjc7;g7 and #fjf7;c7 of such ,act1 as in effect on the day before the date of enactment of this ,act4 #acjf4 ,annual reports ,section #fjf7;d7 7#cc ,u4,s4,c4 #achf7;d77 is amended-- 7#a7 by striking 7d7 ,annual report4--,beginning and inserting the following3 7d7 ,annual ,reports 7#a7 ,state report ,beginning 2 7#b7 in paragraph 7#a7 7as so designated7 by striking loan amounts1 and inserting loan amounts1 the eligible purposes under section #fjc7;c7 for which the assistance has been provided12 and 7#c7 by adding at the end the following3 7#b7 ,federal report ,the ,administrator shall annually prepare1 and make publicly available1 a report on the performance of the projects and activities carried out in whole or in part with assistance made available by a ,state water pollution control revolving fund as authorized under this title during the previous fiscal year1 including-- 7,a7 the annual and cumulative financial assistance provided to ,states under this title2 7,b7 the categories and types of such projects and activities2 7,c7 an estimate of the number of jobs created through carrying out such projects and activities2 7,d7 an assessment of the progress made toward meeting the goals and purposes of this ,act through such projects and activities2 and 7,e7 any additional information that the ,administrator considers appropriate4 4 #acjg4 ,technical assistance2 requirements for use of ,american materials ,title ,,vi 7#cc ,u4,s4,c4 #acha et seq47 is amended-- 7#a7 by redesignating section #fjg as section #faj2 and 7#b7 by inserting after section #fjf the following3 #fjg4 ,technical assistance 7a7 ,simplified ,procedures ,not later than #a year after the date of enactment of this section1 the ,administrator shall assist the ,states in establishing simplified procedures for treatment works to obtain assistance under this title4 7b7 ,publication of ,manual ,not later than #b years after the date of the enactment of this section1 and after providing notice and opportunity for public comment1 the ,administrator shall publish a manual to assist treatment works in obtaining assistance under this title and publish in the ,federal ,register notice of the availability of the manual4 7c7 ,compliance criteria ,at the request of any ,state1 the ,administrator1 after providing notice and an opportunity for public comment1 shall assist in the development of criteria for a ,state to determine compliance with the conditions of funding assistance established under sections #fjb7;b77#ac7 and #fjc7;d77#a77;,e74 #fjh4 ,buy ,america 7a7 ,in general ,notwithstanding any other provision of law1 funds made available from a ,state water pollution control revolving fund established under this title may not be used for a project for the construction of treatment works unless the steel1 iron1 and manufactured goods used for the project are produced in the ,united ,states4 7b7 ,exceptions ,subsection 7a7 shall not apply to a project for the construction of treatment works if the ,administrator 7in consultation with the ,governor of the ,state in which the treatment works will be constructed7 makes a finding that-- 7#a7 the steel1 iron1 or manufactured goods required for the project are a de minimis component of the project1 as determined in accordance with regulations to be issued by the ,administrator2 7#b7 the steel1 iron1 or manufactured goods required for the project are not produced in the ,united ,states-- 7,a7 in sufficient and reasonably available quantities2 or 7,b7 to a satisfactory quality2 or 7#c7 the use of steel1 iron1 and manufactured goods produced in the ,united ,states for the project will increase the total cost of the project by more than #be percent4 7c7 ,waiver requirements 7#a7 ,public notification and opportunity for comment 7,a7 ,in general ,at least #cj days before making a finding under subsection 7b71 the ,administrator shall provide notice of and an opportunity for public comment on the finding4 7,b7 ,notice requirements ,any notice provided under this subparagraph shall-- 7i7 include a justification for the proposed finding2 and 7ii7 be provided by electronic means1 including on the ,internet4 7#b7 ,detailed justification in ,federal ,register ,if the ,administrator makes a finding under subsection 7b71 the ,administrator shall-- 7,a7 publish in the ,federal ,register a detailed justification for the finding2 and 7,b7 provide notice of and an opportunity for public comment on the detailed justification at least #cj days before the finding takes effect4 7#c7 ,annual report ,not later than ,february #a of each year beginning after the date of enactment of this section1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that-- 7,a7 specifies each project with respect to which the ,administrator made a finding under subsection 7b7 during the preceding calendar year2 and 7,b7 describes the justification for each such finding4 7d7 ,state requirements ,the ,administrator may not impose a limitation or condition on assistance provided under this title that restricts-- 7#a7 a ,state from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles1 materials1 or supplies mined1 produced1 or manufactured in foreign countries for projects carried out with such assistance2 or 7#b7 any recipient of assistance from a ,state water pollution control revolving fund established under this title from complying with such ,state requirements4 7e7 ,intentional violations ,pursuant to procedures established under subpart #i4d of chapter #a of title #dh1 ,code of ,federal ,regulations1 a person shall be ineligible to receive a contract or subcontract funded with amounts made available from a ,state water pollution control revolving fund established under this title if the ,administrator or a court determines that such person intentionally-- 7#a7 affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any steel1 iron1 or manufactured goods that-- 7,a7 were used in a project to which this section applies2 and 7,b7 were not produced in the ,united ,states2 or 7#b7 represented that any steel1 iron1 or manufactured goods were produced in the ,united ,states that-- 7,a7 were used in projects to which this section applies2 and 7,b7 were not produced in the ,united ,states4 7f7 ,consistency with international agreements 7#a7 ,in general ,this section shall be applied in a manner that is consistent with ,united ,states obligations under international agreements4 7#b7 ,treatment of foreign countries in violation of international agreements ,the ,administrator shall prohibit the use of steel1 iron1 and manufactured goods produced in a foreign country in a project funded with amounts made available from a ,state water pollution control revolving fund established under this title1 including any project for which the ,administrator has made a finding under subsection 7b71 if the ,administrator1 in consultation with the ,united ,states ,trade ,representative1 determines that the foreign country is in violation of the terms of an agreement with the ,united ,states by discriminating against steel1 iron1 or manufactured goods that are produced in the ,united ,states and covered by the agreement4 4 #acjh4 ,economic hardship waiver ,notwithstanding the requirements of section #fjb7;b77#b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achb7;b77#b771 for fiscal years #bjad and #bjae1 the ,administrator of the ,environmental ,protection ,agency may waive the requirement that a ,state deposit an amount equal to #bj percent of the ,state's annual capitalization grant into the ,state's water pollution control revolving fund established under title ,,vi of that ,act if the ,administrator determines that the ,state is currently experiencing a local1 statewide1 or regional economic hardship and that providing such a deposit would adversely impact the ,state's ability to restore and maintain the chemical1 physical1 and biological integrity of waters located within the ,state4 #acji4 ,authorization of appropriations ,section #faj 7as redesignated by section #acjg of this ,act7 is amended by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 #b1djj1jjj1jjj for fiscal year #bjad2 7#b7 #b1gjj1jjj1jjj for fiscal year #bjae2 7#c7 #b1hjj1jjj1jjj for fiscal year #bjaf2 7#d7 #b1ijj1jjj1jjj for fiscal year #bjag2 and 7#e7 #c1jjj1jjj1jjj for fiscal year #bjah4 4 ,d ,general ,provisions #adja4 ,definition of treatment works ,section #ejb 7#cc ,u4,s4,c4 #acfb7 is amended by adding at the end the following3 7#bf7 ,treatment works ,the term treatment works has the meaning given that term in section #bab4 4 #adjb4 ,funding for ,indian programs ,section #eah7;c7 7#cc ,u4,s4,c4 #acgg7 is amended-- 7#a7 by striking ,the ,administrator and inserting the following3 7#a7 ,fiscal years #aihg-bjac ,the ,administrator 2 7#b7 in paragraph 7#a7 7as so designated7-- 7,a7 by inserting and ending before ,october #a1 #bjac1 after #aihf12 and 7,b7 by striking the second sentence2 and 7#c7 by adding at the end the following3 7#b7 ,fiscal year #bjad and thereafter ,for fiscal year #bjad and each fiscal year thereafter1 the ,administrator shall reserve1 before allotments to the ,states under section #fjd7;a71 not less than #j4e percent and not more than #b4j percent of the funds made available to carry out title ,,vi4 7#c7 ,use of funds ,funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under section #fjc7;c7 to serve-- 7,a7 ,indian tribes 7as defined in section #eah7;h772 7,b7 former ,indian reservations in ,oklahoma 7as determined by the ,secretary of the ,interior72 and 7,c7 ,native villages 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb774 4 ,e ,tonnage ,duties #aeja4 ,tonnage duties 7a7 ,in general ,section #fjcja of title #df1 ,united ,states ,code1 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,lower rate 7#a7 ,imposition of duty ,a duty is imposed at the rate described in paragraph 7#b7 at each entry in a port of the ,united ,states of-- 7,a7 a vessel entering from a foreign port or place in ,north ,america1 ,central ,america1 the ,west ,indies ,islands1 the ,bahama ,islands1 the ,bermuda ,islands1 or the coast of ,south ,america bordering the ,caribbean ,sea2 or 7,b7 a vessel returning to the same port or place in the ,united ,states from which it departed1 and not entering the ,united ,states from another port or place1 except-- 7i7 a vessel of the ,united ,states2 7ii7 a recreational vessel 7as defined in section #baja of this title72 or 7iii7 a barge4 7#b7 ,rate ,the rate referred to in paragraph 7#a7 shall be-- 7,a7 #i4j cents per ton 7but not more than a total of #de cents per ton per year7 for fiscal years #bjad through #bjbc2 and 7,b7 #b cents per ton 7but not more than a total of #aj cents per ton per year7 for each fiscal year thereafter4 7b7 ,higher rate 7#a7 ,imposition of duty ,a duty is imposed at the rate described in paragraph 7#b7 on a vessel at each entry in a port of the ,united ,states from a foreign port or place not named in subsection 7a77#a74 7#b7 ,rate ,the rate referred to in paragraph 7#a7 shall be-- 7,a7 #bg cents per ton 7but not more than a total of #a4ce per ton per year7 for fiscal years #bjad through #bjbc2 and 7,b7 #f cents per ton 7but not more than a total of #cj cents per ton per year7 for each fiscal year thereafter4 4 7b7 ,conforming amendments ,such title is further amended-- 7#a7 by striking the heading for subtitle ,,vi and inserting the following3 ,,vi ,clearance and ,tonnage ,duties 2 7#b7 in the heading for chapter #fjc1 by striking ,taxes and inserting ,duties2 7#c7 in the headings of sections in chapter #fjc1 by striking taxes each place it appears and inserting duties2 7#d7 in the heading for subsection 7a7 of section #fjcjc1 by striking tax and inserting duty2 7#e7 in the text of sections in chapter #fjc1 by striking taxes each place it appears and inserting duties2 and 7#f7 in the text of sections in chapter #fjc1 by striking tax each place it appears and inserting duty4 7c7 ,clerical amendments ,such title is further amended-- 7#a7 in the title analysis by striking the item relating to subtitle ,,vi and inserting the following3 ,,vi4 ,,clearance ,,and ,,tonnage ,,duties#fjaja 2 7#b7 in the analysis for subtitle ,,vi by striking the item relating to chapter #fjc and inserting the following3 #fjc4,tonnage ,duties and ,light ,money#fjcja 2 and 7#c7 in the analysis for chapter #fjc-- 7,a7 by striking the items relating to sections #fjcja and #fjcjb and inserting the following3 #fjcja4 ,regular tonnage duties4 #fjcjb4 ,special tonnage duties4 2 and 7,b7 by striking the item relating to section #fjcjd and inserting the following3 #fjcjd4 ,presidential suspension of tonnage duties and light money4 4 ,,ii ,alternative ,water ,source ,projects #bjja4 ,pilot program for alternative water source projects 7a7 ,selection of projects ,section #bbj7;d77#b7 7#cc ,u4,s4,c4 #acjj7;d77#b77 is amended by inserting before the period at the end the following3 or whether the project is located in an area which is served by a public water system serving #aj1jjj individuals or fewer4 7b7 ,authorization of appropriations ,section #bbj7;j7 7#cc ,u4,s4,c4 #acjj7;j77 is amended by striking #ge1jjj1jjj for fiscal years #bjjb through #bjjd and inserting #ej1jjj1jjj for each of fiscal years #bjad through #bjah4 ,,iii ,sewer ,overflow ,control ,grants #cjja4 ,sewer overflow control grants 7a7 ,administrative ,requirements ,section #bba7;e7 7#cc ,u4,s4,c4 #acja7;e77 is amended to read as follows3 7e7 ,administrative ,requirements ,a project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a ,state water pollution control revolving fund under title ,,vi1 except to the extent that the ,governor of the ,state in which the project is located determines that a requirement of title ,,vi is inconsistent with the purposes of this section4 ,for the purposes of this subsection1 a ,governor may not determine that the requirements of title ,,vi relating to the application of section #eac are inconsistent with the purposes of this section4 4 7b7 ,authorization of appropriations ,section #bba7;f7 7#cc ,u4,s4,c4 #acja7;f77 is amended to read as follows3 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #ejj1jjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,minimum allocations ,to the extent there are sufficient eligible project applications1 the ,administrator shall ensure that a ,state uses not less than #bj percent of the amount of the grants made to the ,state under subsection 7a7 in a fiscal year to carry out projects to control municipal combined sewer overflows and sanitary sewer overflows through the use of green infrastructure1 water and energy efficiency improvements1 and other environmentally innovative activities4 4 7c7 ,allocation of funds ,section #bba7;g7 of such ,act 7#cc ,u4,s4,c4 #acja7;g77 is amended to read as follows3 7g7 ,allocation of funds 7#a7 ,fiscal year #bjad ,subject to subsection 7h71 the ,administrator shall use the amounts appropriated to carry out this section for fiscal year #bjad for making grants to municipalities and municipal entities under subsection 7a77#b7 in accordance with the criteria set forth in subsection 7b74 7#b7 ,fiscal year #bjae and thereafter ,subject to subsection 7h71 the ,administrator shall use the amounts appropriated to carry out this section for fiscal year #bjae and each fiscal year thereafter for making grants to ,states under subsection 7a77#a7 in accordance with a formula to be established by the ,administrator1 after providing notice and an opportunity for public comment1 that allocates to each ,state a proportional share of such amounts based on the total needs of the ,state for municipal combined sewer overflow controls and sanitary sewer overflow controls identified in the most recent survey conducted pursuant to section #eaf and any other information the ,administrator considers appropriate4 4 7d7 ,reports ,the first sentence of section #bba7;i7 7#cc ,u4,s4,c4 #acja7;i77 is amended by striking #bjjc and inserting #bjae4 ,,iv ,clean ,water ,trust ,fund #djja4 ,establishment of ,clean ,water ,trust ,fund ,subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf 7relating to the establishment of trust funds7 is amended by adding at the end the following new section3 #ieab4 ,clean ,water ,trust ,fund 7a7 ,creation of trust fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,clean ,water ,trust ,fund1 consisting of such amounts as may be appropriated or credited to the ,fund as provided in this section or section #ifjb7;b74 7b7 ,transfers to trust fund ,there are hereby appropriated to the ,clean ,water ,trust ,fund amounts equivalent to-- 7#a7 fees1 taxes1 or other sources of revenue specifically collected and deposited in the ,fund or received in the ,treasury for the purposes provided in this section2 and 7#b7 any penalty paid pursuant to section #cji of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acai7 7other than those that result of violations of section #caa of such ,act74 7c7 ,appropriation of additional sums ,there are hereby authorized to be appropriated to the ,clean ,water ,trust ,fund such additional sums as may be required to make the expenditures referred to in subsection 7d74 7d7 ,expenditures ,amounts in the ,clean ,water ,trust ,fund shall be available1 as provided in appropriations ,acts1 for the following purposes3 7#a7 ,capitalization grants under section #fja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha74 7#b7 ,grants to ,states and interstate agencies under section #ajf7;a7 of that ,act 7#cc ,u4,s4,c4 #abef7;a774 7#c7 ,grants under sections #ajd7;b7 and #ajd7;g7 of that ,act 7#cc ,u4,s4,c4 #abed7;b7 and #abed7;g774 7#d7 ,to cover the cost of making direct loans or guaranteeing obligations authorized under the ,water ,pollution ,control ,investment ,act4 4 #djjb4 ,allocation of funds ,title ,,vi 7as amended by section #acjg of this ,act7 is further amended by inserting after section #fjh the following3 #fji4 ,clean ,water ,trust ,fund 7a7 ,allocation of funds ,the ,administrator shall allocate funds made available for a fiscal year out of the ,clean ,water ,trust ,fund established by section #ieab of the ,internal ,revenue ,code of #aihf among eligible programs and activities as follows3 7#a7 #hj percent for capitalization grants under section #fjd4 7#b7 #aj percent to cover the cost of making direct loans or guaranteeing obligations authorized under the ,water ,pollution ,control ,investment ,act4 7#c7 #g4e percent for grants to ,states and interstate agencies under section #ajf7;a74 7#d7 #b4e percent for grants under sections #ajd7;b7 and #ajd7;g74 7b7 ,amounts made available for capitalization grants ,to the extent there are sufficient applications1 not less than #cj percent of the amounts allocated for capitalization grants under subsection 7a77#a7 shall be used for one or more of the following purposes3 7#a7 ,projects or activities to address green infrastructure4 7#b7 ,water or energy efficiency improvements or other environmentally sustainable activities4 7#c7 ,the implementation of best management practices or measures identified in an approved nonpoint source management program under section #cai4 4 #djjc4 ,revenues for ,clean ,water ,trust ,fund 7a7 ,study on identification of revenues ,not later than #de days after the date of enactment of this ,act1 the ,director of the ,congressional ,budget ,office1 in consultation with the ,administrator of the ,environmental ,protection ,agency and the ,secretary of the ,treasury1 shall undertake a study of potential funding mechanisms and revenue sources for the ,clean ,water ,trust ,fund established by section #ieab7;d7 of the ,internal ,revenue ,code of #aihf 7as added by this ,act7 that are sufficient to support annual funding levels of at least #aj1jjj1jjj1jjj for the purposes identified in section #ieab7;d7 of that ,act4 7b7 ,conduct of study ,in carrying out the study1 the ,director shall-- 7#a7 take into consideration whether potential funding mechanisms and revenue sources-- 7,a7 are broad based2 7,b7 are equitably allocated2 and 7,c7 can be efficiently collected2 7#b7 review and1 to the extent practicable1 utilize existing studies and reports on potential sources of revenue for a clean water trust fund1 including-- 7,a7 the report of the ,government ,accountability ,office entitled ,clean ,water ,infrastructure3 ,a ,variety of ,issues ,need to ,be ,considered ,when ,designing a ,clean ,water ,trust ,fund 7,,gao-#ji-jcg1 ,may #bjji72 and 7,b7 the report of the ,environmental ,protection ,agency entitled ,alternative ,funding ,study3 ,water ,quality ,fees and ,debt ,financing ,issues 7,,epa #hcb-,r-#if-jja1 ,june #aiif72 7#c7 consult with ,federal1 ,state1 tribal1 and local agencies1 representatives of business and industry1 representatives of entities operating publicly owned treatment works1 representatives of conservation and environmental organizations1 representatives of ratepayer organizations1 and other interested persons2 and 7#d7 provide the opportunity for public hearings4 7c7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,director shall submit a report on the results of the study to-- 7#a7 the ,committee on ,transportation and ,infrastructure1 the ,committee on ,ways and ,means1 and the ,committee on the ,budget of the ,house of ,representatives2 and 7#b7 the ,committee on ,environment and ,public ,works1 the ,committee on ,finance1 and the ,committee on the ,budget of the ,senate4 ,v ,water ,pollution ,control ,investment #ejja4 ,short title ,this title may be cited as the ,water ,pollution ,control ,investment ,act4 #ejjb4 ,definitions ,in this title1 the following definitions apply3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,borrower ,the term borrower means a person who owes payments of interest or principal on an obligation guaranteed under this title4 7#c7 ,cost of a direct loan ,the term cost of a direct loan means the cost of a direct loan as that term is used in section #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a7#e774 7#d7 ,cost of a guarantee ,the term cost of a guarantee means the cost of a loan guarantee as that term is used in section #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a7#e774 7#e7 ,direct loan ,the term direct loan has the meaning given that term in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a74 7#f7 ,guarantee 7,a7 ,in general ,the term guarantee has the meaning given the term loan guarantee in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a74 7,b7 ,inclusion ,the term guarantee includes a loan guarantee commitment 7as that term is defined in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a774 7#g7 ,large water infrastructure project 7,a7 ,in general ,the term large water infrastructure project means a project for construction of a publicly owned treatment works that qualifies for assistance under section #fjc7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;c771 but because of its significant scope and cost is not likely to receive assistance under that ,act1 as determined by the ,administrator4 7,b7 ,guidelines ,the ,administrator shall issue guidelines for determining whether a project qualifies as a large water infrastructure project4 7#h7 ,obligation ,the term obligation means a loan or other debt obligation4 7#i7 ,state infrastructure financing authority ,the term ,state infrastructure financing authority means the ,state entity established or designated by the ,governor of a ,state to receive a capitalization grant provided by1 or otherwise carry out the requirements of1 title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq474 #ejjc4 ,direct loans 7a7 ,in general 7#a7 ,use of loans ,the ,administrator may make a direct loan to a ,state infrastructure financing authority for use in the same manner1 and subject to the same terms and conditions 7unless otherwise specified in this section71 as a capitalization grant made under section #fja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #ahca74 7#b7 ,terms and conditions ,the ,administrator may make a loan under this section on such terms and conditions 7including requirements for audits7 as the ,administrator determines appropriate4 7b7 ,loan requirements 7#a7 ,maximum amount ,the amount of a loan made under this section to a ,state infrastructure financing authority shall not exceed the applicable percentage for the ,state establishing such authority of the total amount available under this title for disbursement1 based on the allotment for the ,state in accordance with section #fjd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achd74 7#b7 ,term of loan ,the final maturity date of a loan made under this section shall not be later than #ce years after the date on which funds are disbursed to a ,state infrastructure financing authority4 7#c7 ,interest rate ,the ,administrator may make a loan under this section only if the ,administrator determines that the interest rate on the loan is appropriate1 taking into account the prevailing rate of interest in the private sector for similar loans4 7#d7 ,security ,the ,administrator shall require a ,state infrastructure financing authority receiving a loan under this section to use a rate covenant1 coverage requirement1 or similar security feature adequate to ensure loan repayment4 7#e7 ,repayment 7,a7 ,schedule ,the ,administrator shall set a repayment schedule for each loan made under this section based on the projected cash flow to the ,state infrastructure financing authority1 including consideration of the effect on such cash flow of the security features described in paragraph 7#d74 7,b7 ,commencement ,scheduled loan repayments of principal or interest on a loan made under this section shall commence not later than #e years after the date on which the loan is made4 7,c7 ,deferral of payments 7i7 ,in general ,if the ,administrator determines that a ,state infrastructure financing authority lacks the resources to make scheduled payments on a loan made under this section based on circumstances not foreseeable at the time the loan is made1 the ,administrator may allow for the deferral of such payments4 7ii7 ,interest ,any payment deferred under clause 7i7 shall-- 7,i7 continue to accrue interest until fully repaid2 and 7,,ii7 be amortized over the remaining term of the loan4 7,d7 ,prepayment ,payments on the loan may be made in advance with no penalty4 7c7 ,sale of loans ,after notifying the ,state infrastructure financing authority1 the ,administrator1 in consultation with the ,secretary of the ,treasury1 may sell a loan made under this section1 if the ,administrator determines that the sale can be made on favorable terms4 7d7 ,conforming requirements ,the requirements of sections #baa1 #eaa7;c77#a71 and #eac of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abia1 #acga7;c77#b71 and #acgb7 apply to the construction of a project carried out in whole or in part with assistance made available through a loan under this section in the same manner as treatment works for which grants are made available under the ,federal ,water ,pollution ,control ,act4 7e7 ,fees ,the ,administrator shall charge and collect fees from ,state infrastructure financing authorities receiving loans under this section in amounts the ,administrator determines are sufficient to cover the administrative expenses associated with carrying out this section and1 as provided in advance in appropriations ,acts1 use such amounts to cover such expenses4 7f7 ,records2 ,audits 7#a7 ,in general ,a ,state infrastructure financing authority receiving a loan under this section shall keep such records and other pertinent documents as the ,administrator shall prescribe by regulation1 including such records as the ,administrator may require to facilitate an effective audit of loans made under this section4 7#b7 ,access ,the ,administrator and the ,comptroller ,general of the ,united ,states1 or their duly authorized representatives1 shall have access1 for the purpose of audits1 to records and other pertinent documents kept under paragraph 7#a74 #ejjd4 ,guarantees 7a7 ,in general 7#a7 ,use of guarantees ,the ,administrator may make a guarantee under this title for an obligation for construction of a large water infrastructure project in accordance with the requirements of this section4 7#b7 ,selection criteria 7,a7 ,establishment ,the ,administrator shall establish criteria for selecting among large water infrastructure projects in making guarantees under this title4 7,b7 ,criteria ,in establishing selection criteria under this paragraph1 the ,administrator shall include consideration of the following3 7i7 ,the extent to which the project is nationally or regionally significant4 7ii7 ,the creditworthiness of the project1 including a determination by the ,administrator that any financing has appropriate features to ensure repayment4 7iii7 ,the extent to which the project uses new technologies that enhance the environmental benefits of the project4 7iv7 ,the cost of a guarantee under this title4 7v7 ,the extent to which the project helps restore1 maintain1 or protect the environment4 7#c7 ,fiscal year limitation ,the ,administrator may not utilize more than #aj percent of the funds made available under this title for a fiscal year to make guarantees under this section during that fiscal year4 7#d7 ,terms and conditions ,the ,administrator may make a guarantee for a large water infrastructure project under this title on such terms and conditions 7including requirements for audits7 as the ,administrator determines appropriate4 7#e7 ,security ,the ,administrator shall require a borrower to use a rate covenant1 coverage requirement1 or similar security feature adequate to ensure repayment of the obligation4 7b7 ,guarantee requirements 7#a7 ,probability of repayment ,the ,administrator may make a guarantee under this title only if the ,administrator determines that there is a high probability of repayment by the borrower of the principal and interest on the obligation4 7#b7 ,amount 7,a7 ,percentage of total cost ,the ,administrator may make a guarantee under this title only if the amount of the obligation does not exceed #ge percent of the total cost of the large water infrastructure project1 as estimated at the time at which the guarantee is issued4 7,b7 ,sufficiency ,the ,administrator may make a guarantee under this title only if the ,administrator determines that the amount of the obligation1 when combined with amounts available from other sources1 will be sufficient to carry out the project4 7#c7 ,nonsubordination ,the ,administrator may make a guarantee under this title only if the guarantee is not subordinate to other financing4 7#d7 ,interest rate ,the ,administrator may make a guarantee under this title only if the ,administrator determines that the interest rate on the obligation is appropriate1 taking into account the prevailing rate of interest in the private sector for similar obligations4 7#e7 ,term ,the ,administrator may make a guarantee under this title only if-- 7,a7 repayment of the obligation is required over a period not to exceed the lesser of-- 7i7 #ce years2 or 7ii7 #ij percent of the projected useful life of the large water infrastructure project to be financed by the obligation 7as determined by the ,administrator72 and 7,b7 payments on the obligation are scheduled to commence not later than #e years after the date of substantial completion of the large water infrastructure project4 7c7 ,conforming requirements 7#a7 ,fiscal sustainability plan ,the ,administrator may make a guarantee for a large water infrastructure project under this title only if the owner or operator of such project commits to develop and implement a fiscal sustainability plan that meets the requirements of section #fjc7;d77#a77;,e7 of the ,federal ,water ,pollution ,control ,act1 as added by this ,act4 7#b7 ,priority list ,the ,administrator may make a guarantee for a large water infrastructure project under this title only if such project is on a ,state priority list under section #fjc7;g7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;g771 as amended by this ,act4 7#c7 ,additional requirements ,the requirements of sections #baa1 #eaa7;c77#a71 and #eac of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abia1 #acga7;c77#b71 and #acgb7 apply to the construction of a large water infrastructure project carried out in whole or in part with financing made available through an obligation guaranteed under this title in the same manner as treatment works for which grants are made available under the ,federal ,water ,pollution ,control ,act4 7d7 ,defaults 7#a7 ,payment by ,administrator 7,a7 ,in general ,if a borrower defaults on an obligation guaranteed under this title 7as defined in regulations promulgated by the ,administrator and specified in the guarantee contract71 the holder of the guarantee shall have the right to demand payment of the unpaid amount from the ,administrator4 7,b7 ,payment required ,within such period as may be specified in the guarantee or related agreements1 the ,administrator shall pay to the holder of a guarantee the unpaid interest on1 and unpaid principal of1 the obligation guaranteed under this title as to which the borrower has defaulted1 unless the ,administrator finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied4 7,c7 ,forbearance ,nothing in this subsection precludes any forbearance by the holder of a guarantee for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the ,administrator4 7#b7 ,subrogation 7,a7 ,in general ,if the ,administrator makes a payment under paragraph 7#a71 the ,administrator shall be subrogated to the rights of the holder of the guarantee as specified in the guarantee or related agreements4 7,b7 ,superiority of rights ,the rights of the ,administrator1 with respect to any property acquired pursuant to a guarantee or related agreements1 shall be superior to the rights of any other person with respect to the property4 7e7 ,payment of principal and interest by ,administrator 7#a7 ,in general ,with respect to any obligation guaranteed under this title1 the ,administrator may enter into a contract to pay1 and pay1 a holder of the guarantee1 for and on behalf of the borrower1 from funds appropriated for that purpose1 the principal and interest payments which become due and payable on the unpaid balance of the obligation if the ,administrator finds that-- 7,a7 the borrower is unable to meet the payments and is not in default2 7,b7 it is in the public interest to permit the borrower to continue to pursue the purposes of the project2 7,c7 the probable net benefit to the ,federal ,government in paying the principal and interest will be greater than that which would result in the event of a default2 and 7,d7 the ,state or region in which the project is located is experiencing a period of local or regional economic hardship that has affected the borrower's ability to meet the payments4 7#b7 ,amount ,the amount of the payment that the ,administrator is authorized to pay under this subsection shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the obligation4 7#c7 ,reimbursement ,a payment may be made under this subsection only if the borrower agrees to reimburse the ,administrator for the payment 7including interest7 on terms and conditions that are satisfactory to the ,administrator4 7f7 ,fees ,the ,administrator shall charge and collect fees from borrowers for guarantees made under this title in amounts the ,administrator determines are sufficient to cover the administrative expenses associated with carrying out this title and1 as provided in advance in appropriations ,acts1 use such amounts to cover such expenses4 7g7 ,records2 audits 7#a7 ,in general ,a borrower shall keep such records and other pertinent documents as the ,administrator shall prescribe by regulation1 including such records as the ,administrator may require to facilitate an effective audit of guarantees made under this title4 7#b7 ,access ,the ,administrator and the ,comptroller ,general of the ,united ,states1 or their duly authorized representatives1 shall have access1 for the purpose of audits1 to records and other pertinent documents kept under paragraph 7#a74 7h7 ,full faith and credit ,the full faith and credit of the ,united ,states is pledged to the payment of all guarantees made under this title4