### §3912. Funding

#### (a) In general

#### (1) Fiscal years 2015 through 2019

There are authorized to be appropriated to each of the Secretary and the Administrator to carry out this chapter, to remain available until expended—

(A) $20,000,000 for fiscal year 2015;

(B) $25,000,000 for fiscal year 2016;

(C) $35,000,000 for fiscal year 2017;

(D) $45,000,000 for fiscal year 2018; and

(E) $50,000,000 for fiscal year 2019.

#### (2) Fiscal years 2020 and 2021

There is authorized to be appropriated to the Administrator to carry out this chapter $50,000,000 for each of fiscal years 2020 and 2021, to remain available until expended.

#### (3) Fiscal years 2022 through 2026

There is authorized to be appropriated to the Administrator to carry out this chapter $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.

#### (b) Administrative costs

#### (1) Fiscal years 2015 through 2019

Of the funds made available to carry out this chapter, the Secretary or the Administrator, as applicable, may use for the administration of this chapter, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $2,200,000 for each of fiscal years 2015 through 2019.

#### (2) Fiscal years after 2019

Of the funds made available to carry out this chapter, the Administrator may use for the administration of this chapter, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $5,000,000 for each of fiscal years 2022 through 2026.

#### (c) Small community water infrastructure projects

#### (1) In general

For each fiscal year, the Secretary or the Administrator, as applicable, shall set aside not less than 15 percent of the amounts made available for that fiscal year under this section for small community water infrastructure projects described in section 3907(a)(2)(B) of this title.

#### (2) Administration

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

#### (d) Additional funding

Notwithstanding section 3908(b)(2) of this title, the Secretary or the Administrator, as applicable, may make available up to 25 percent of the amounts made available for each fiscal year under this section for loans in excess of 49 percent of the total project costs.

#### (e) Assistance for State infrastructure financing authorities

#### (1) In general

With respect to fiscal years 2022 through 2026, if the Administrator has available for obligation in a fiscal year at least $50,000,000, there is authorized to be appropriated to the Administrator $5,000,000 for that fiscal year to provide financial assistance for projects described in section 3905(9) of this title to State infrastructure financing authorities.

#### (2) No impact on other Federal funding

No funds shall be made available in a fiscal year to the Administrator for purposes of this subsection if—

(A) the total amount appropriated for the fiscal year for State loan funds under section 300j–12 of title 42 is less than either the amount made available for such purpose in fiscal year 2018, or 105 percent of the previous fiscal year's appropriation for such purpose, whichever is greater; and

(B) the total amount appropriated for the fiscal year for water pollution control revolving funds under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.] is less than either the amount made available for such purpose for fiscal year 2018, or 105 percent of the previous fiscal year's appropriation for such purpose, whichever is greater.

#### (3) Inclusion in agreement

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

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

#### **Editorial Notes**

#### References in Text

The Federal Water Pollution Control Act, referred to in subsec (e)(2)(B), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of this title. Title VI of the Act is classified generally to subchapter VI (§1381 et seq.) of chapter 26 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.

#### Amendments

2021—Subsec. (a)(3). Pub. L. 117–58, §50215(a)(1), added par. (3).

Subsec. (b)(2). Pub. L. 117–58, §50215(a)(2), substituted "after 2019" for "2020 and 2021" in heading and "2022 through 2026" for "2020 and 2021" in text.

Subsec. (e)(1). Pub. L. 117–58, §50215(a)(3), substituted "2022 through 2026" for "2020 and 2021".

2018—Subsec. (a). Pub. L. 115–270, §4201(a)(4)(A), designated existing provisions as par. (1) and inserted heading, substituted "There are" for "There is", redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), realigned margins, and added par. (2).

Subsec. (b). Pub. L. 115–270, §4201(a)(4)(B), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (e). Pub. L. 115–270, §4201(b)(3), added subsec. (e).

#### **Statutory Notes and Related Subsidiaries**

#### "Secretary" Defined

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