36494 Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 

review the WIFIA program handbook 

and discuss how the project addresses 

each of the selection criteria in the LOI 

submission. 

IX. Federal Requirements 

All projects receiving WIFIA 

assistance must comply with the 

applicable Federal requirements 

including (but not limited to) those 

listed below. Compliance with Federal 

requirements is not required for 

submitting a letter of interest, being 

invited to apply for a WIFIA loan, or 

submitting an application. The WIFIA 

program will review selected projects 

for compliance with Federal 

requirements once they have submitted 

an application. Additional information 

about Federal compliance requirements, 

including WIFIA’s BABAA waiver and 

the WIFIA Borrower Guide to Federal 

Requirements, is available at https://

www.epa.gov/wifia/wifia-federalcompliance-requirements. 

(i) Build America, Buy America Act, 

Public Law 117–58, § 70911–70917; 

(ii) American Iron and Steel 

Requirement, 33 U.S.C. 3914, https://

www.epa.gov/cwsrf/state-revolvingfund-american-iron-and-steel-aisrequirement; 

(iii) Labor Standards, 33 U.S.C. 1372, 

https://www.dol.gov/whd/govcontracts/ 

dbra.htm; 

(iv) National Environmental Policy 

Act of 1969, 42 U.S.C. 4321 et seq., 

https://www.epa.gov/nepa; 

(v) Floodplain Management, 

Executive Order 11988, 42 FR 26951, 

May 24, 1977, https://

www.archives.gov/federal-register/ 

codification/executive-order/ 

11988.html; 

(vi) Archeological and Historic 

Preservation Act, 16 U.S.C. 469–469c, 

https://www.nps.gov/archeology/tools/ 

laws/ahpa.htm; 

(vii) Clean Air Act, 42 U.S.C. 7401 et 

seq., https://www.epa.gov/clean-air-actoverview; 

(viii) Clean Water Act, 33 U.S.C. 1251 

et seq., https://www.epa.gov/aboutepa/ 

about-office-water; 

(ix) Coastal Barrier Resources Act, 16 

U.S.C. 3501 et seq., https://

www.fws.gov/program/coastal-barrierresources-act; 

(x) Coastal Zone Management Act, 16 

U.S.C. 1451 et seq., https://

coast.noaa.gov/czm/about/; 

(xi) Endangered Species Act, 16 

U.S.C. 1531 et seq., https://

www.fws.gov/endangered/; 

(xii) Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations, Executive Order 12898, 59 

FR 7629, February 16, 1994, https://

www.archives.gov/files/federal-register/ 

executive-orders/pdf/12898.pdf; 

(xiii) Protection of Wetlands, 

Executive Order 11990, 42 FR 26961, 

May 25, 1977, as amended by Executive 

Order 12608, 52 FR 34617, September 

14, 1987, https://www.epa.gov/cwa-404; 

(xiv) Farmland Protection Policy Act, 

7 U.S.C. 4201 et seq., https://

www.nrcs.usda.gov/wps/portal/nrcs/ 

detail/?cid=nrcs143_008275; 

(xv) Fish and Wildlife Coordination 

Act, 16 U.S.C. 661–666c, as amended, 

https://www.fws.gov/; 

(xvi) Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq., https://

www.fisheries.noaa.gov/resource/ 

document/magnuson-stevens-fisheryconservation-and-management-act; 

(xvii) National Historic Preservation 

Act, 16 U.S.C. 470 et seq., https://

www.nps.gov/archeology/tools/laws/ 

NHPA.htm; 

(xviii) Safe Drinking Water Act, 42 

U.S.C. 300f et seq., https://

www.epa.gov/ground-water-anddrinking-water; 

(xix) Wild and Scenic Rivers Act, 16 

U.S.C. 1271 et seq., https://rivers.gov/; 

(xx) Debarment and Suspension, 

Executive Order 12549, 51 FR 6370, 

February 18, 1986, https://

www.archives.gov/federal-register/ 

codification/executive-order/ 

12549.html; 

(xxi) Demonstration Cities and 

Metropolitan Development Act, 42 

U.S.C. 3301 et seq., as amended, and 

Executive Order 12372, 47 FR 30959, 

July 14, 1982, http://portal.hud.gov/ 

hudportal/HUD?src=/program_offices/ 

comm_planning; 

(xxii) New Restrictions on Lobbying, 

31 U.S.C. 1352, https://www.epa.gov/ 

grants/lobbying-and-litigationinformation-federal-grants-cooperativeagreements-contracts-and-loans; 

(xxiii) Prohibitions relating to 

violations of the Clean Water Act or 

Clean Air Act with respect to Federal 

contracts, grants, or loans under 42 

U.S.C. 7606 and 33 U.S.C. 1368, and 

Executive Order 11738, 38 FR 25161, 

September 12, 1973, https://

www.archives.gov/federal-register/ 

codification/executive-order/ 

11738.html; 

(xxiv) The Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, 42 

U.S.C. 4601 et seq., https://

www.gpo.gov/fdsys/pkg/FR-2005-01-04/ 

pdf/05-6.pdf; 

(xxv) Age Discrimination Act, 42 

U.S.C. 6101 et seq., https://

www.eeoc.gov/laws/statutes/adea.cfm; 

(xxvi) Equal Employment 

Opportunity, Executive Order 11246, 30 

FR 12319, September 28, 1965, https:// 

www.dol.gov/ofccp/regs/compliance/ 

ca_11246.htm; 

(xxvii) Section 13 of the Clean Water 

Act, Public Law 92–500, codified in 42 

U.S.C. 1251, https://www.epa.gov/ocr/ 

external-civil-rights-compliance-officetitle-vi; 

(xxviii) Section 504 of the 

Rehabilitation Act, 29 U.S.C. 794, 

supplemented by Executive Orders 

11914, 41 FR 17871, April 29, 1976 and 

11250, 30 FR 13003, October 13, 1965, 

https://www.epa.gov/ocr/section-504- 

rehabilitation-act-1973#:∼:text=

No%20otherwise

%20qualified%20individual%20with,

activity%20receiving%20Federal

%20financial%20assistance; 

(xxix) Title VI of the Civil Rights Act 

of 1964, 42 U.S.C. 2000d et seq., https:// 

www.epa.gov/environmentaljustice/ 

title-vi-and-environmental-justice; and 

(xxx) Participation by Disadvantaged 

Business Enterprises in Procurement 

under the Environmental Protection 

Agency Financial Assistance 

Agreements, 73 FR 15904, March 26, 

2008, https://www.epa.gov/resourcessmall-businesses. 

Detailed information about some of 

these requirements is outlined in the 

WIFIA program handbook and WIFIA 

Borrower Guide to Federal 

Requirements. Further information can 

be found at the links above. 

Authority: 33 U.S.C. 3901–3914; 40 

CFR part 35. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2022–12987 Filed 6–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL OP–OFA–020] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information 202– 

564–5632 or https://www.epa.gov/nepa. 

Weekly receipt of Environmental Impact 

Statements (EIS) 

Filed June 6, 2022 10 a.m. EST Through 

June 13, 2022 10 a.m. EST 

Pursuant to 40 CFR 1506.9. 

Notice: Section 309(a) of the Clean Air 

Act requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 

on EISs are available at: https:/ 

cdxnodengn.epa.gov/cdx-enepa-public/ 

action/eis/search. 

EIS No. 20220078, Final, FRA, CA, 

Coachella Valley-San Gorgonio Pass 


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Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 36495 

Rail Corridor Service Program 

Combined Final Tier 1 Program EIS/ 

EIR and Record of Decision, Review 

Period, Contact: Amanda Ciampolillo 

617–866–9398. 

Under 23 U.S.C. 139(n)(2), FRA has 

issued a single document that consists 

of a final environmental impact 

statement and record of decision. 

Therefore, the 30-day wait/review 

period under NEPA does not apply to 

this action. 

EIS No. 20220079, Draft, EPA, IBWC, 

CA, United States-Mexico-Canada 

Agreement Mitigation of 

Contaminated Transboundary Flows 

Project, Comment Period Ends: 08/01/ 

2022, Contact: Elizabeth A. Borowiec 

415–972–3419. 

EIS No. 20220080, Draft, FERC, IL, 

Three Rivers Interconnection Project, 

Comment Period Ends: 08/01/2022, 

Contact: Office of External Affairs 

866–208–3372. 

EIS No. 20220081, Final, FHWA, MD, I– 

495 & I–270 Managed Lanes Study 

Final Environmental Impact 

Statement and Final Section 4(f) 

Evaluation, Review Period Ends: 07/ 

18/2022, Contact: Jeanette Mar 410– 

779–7152. 

EIS No. 20220082, Draft, USDA, OR, 

Powder River Mining, Comment 

Period Ends: 08/01/2022, Contact: 

Kendall Cikanek 541–523–1301. 

EIS No. 20220083, Third Revised Draft, 

USACE, FL, Lake Okeechobee 

Watershed Restoration Project Third 

Revised Draft Integrated Project 

Implementation Report and 

Supplemental Environmental Impact 

Statement, Comment Period Ends: 08/ 

01/2022, Contact: Melissa Nasuti 904– 

232–1368. 

Dated: June 14, 2022. 

Cindy S. Barger, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 2022–13100 Filed 6–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9901–01–OW] 

Notice of Funding Availability for 

Credit Assistance Under SWIFIA 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of funding availability. 

SUMMARY: In the Further Consolidated 

Appropriations Act, 2022, signed by the 

President on March 15, 2022, Congress 

provided $5 million in budget authority 

solely for the cost of direct loans or 

guaranteed loans to state infrastructure 

financing authority borrowers for 

projects described in Section 5026(9) of 

the Water Infrastructure Finance and 

Innovation Act of 2014 (WIFIA). The 

state infrastructure financing authority 

WIFIA (SWIFIA) program will use this 

amount to cover the subsidy required to 

provide a much larger amount of credit 

assistance. The U.S. Environmental 

Protection Agency (EPA) estimates that 

this budget authority may provide 

approximately $1 billion in credit 

assistance and may finance 

approximately $2 billion in water 

infrastructure investment. The purpose 

of this notice of funding availability 

(NOFA) is to solicit letters of interest 

(LOIs) from prospective state 

infrastructure financing authority 

borrowers seeking credit assistance from 

EPA under the SWIFIA program. 

ADDRESSES: Prospective borrowers 

should submit all LOIs electronically 

via EPA’s SharePoint site. To be granted 

access to the SharePoint site, 

prospective borrowers should contact 

wifia@epa.gov and request a link to the 

SharePoint site, where they can securely 

upload their LOIs and then email wifia@

epa.gov once the complete LOI package 

has been uploaded to the SharePoint 

site. 

EPA will notify prospective borrowers 

that their LOI has been received via a 

confirmation email. 

Prospective borrowers can access 

additional information, including the 

WIFIA program handbook and 

application materials, on the WIFIA 

website: https://www.epa.gov/wifia. 

SUPPLEMENTARY INFORMATION: 

A. Submission and Review of Letters of 

Interest on a Rolling Basis 

EPA is changing the way it accepts 

LOIs to respond to both market 

conditions, including cost inflation and 

supply chain shortages and unparalleled 

Federal investment through the 

Infrastructure Investment and Jobs Act 

and the American Rescue Plan Act. The 

WIFIA program will be responsive to 

these conditions by moving to a rolling 

selection process, whereby LOIs may be 

submitted by prospective borrowers and 

received by EPA at any time throughout 

the year. A rolling selection process 

allows EPA to provide year-round 

access to WIFIA funding and quicker 

selection decisions to prospective 

borrowers. 

B. Funding Availability Period 

LOIs may be submitted by prospective 

borrowers and will be received by EPA 

on a rolling basis. The LOI submittal 

period will begin on September 6, 2022 

and end on the earlier of (i) the date on 

which all budget authority made 

available under this NOFA is committed 

(notice of such to be provided on the 

WIFIA website: https://www.epa.gov/ 

wifia), and (ii) publication of a 

subsequent notice ending this LOI 

submittal period or replacing this NOFA 

with an updated NOFA. 

In addition, EPA reserves the right to 

make additional awards using FY2022 

appropriated funding or funding 

authority carried over from previous 

fiscal years, consistent with agency 

policy and guidance, if additional 

funding is available after the original 

selections are made. Any funding 

authority not obligated in the fiscal year 

for which it is authorized remains 

available for obligation in subsequent 

years. 

C. Summary of NOFA and Submission 

Instructions 

EPA will evaluate and select proposed 

projects described in the LOIs using the 

selection criteria established in the 

statute and regulation, and further 

described in this NOFA as well as the 

WIFIA program handbook. This NOFA 

explains budgetary scoring factors to 

determine budgetary scoring 

compliance and outlines the process 

that prospective borrowers should 

follow to be considered for SWIFIA 

credit assistance. 

For a project to be considered during 

the availability period, EPA must 

receive an LOI, via SharePoint, before 

the end of the availability period. EPA 

anticipates any future NOFA will 

include sufficient notice of the end of 

the period for borrowers to complete 

LOIs in progress. 

When writing an LOI, prospective 

borrowers should complete the SWIFIA 

LOI form and follow the guidelines 

contained on the WIFIA program 

website: https://www.epa.gov/wifia/ 

wifia-application-materials. Prospective 

borrowers should provide the LOI and 

any attachments as Microsoft Word 

documents or searchable PDF files, 

whenever possible, to facilitate EPA’s 

review. Additionally, state 

infrastructure financing authority 

prospective borrowers should ensure 

that financial information, including the 

pro forma financial statement, is in a 

formula-based Microsoft Excel 

document. Section VI of this NOFA 

provides additional details on the LOI’s 

content. 

EPA will invite each prospective 

borrower whose project proposal is 

selected for continuation in the process 

to submit a final application. Final 

applications should be received by EPA 


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