[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36495-36499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12986]


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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.

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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 <a href="/cdn-cgi/l/email-protection#16617f707f775673667738717960"><span class="__cf_email__" data-cfemail="9cebf5faf5fddcf9ecfdb2fbf3ea">[email protected]</span></a> and request a link 
to the SharePoint site, where they can securely upload their LOIs and 
then email <a href="/cdn-cgi/l/email-protection#cbbca2ada2aa8baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="fe899798979fbe9b8e9fd0999188">[email protected]</span></a> 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

[[Page 36496]]

within 365 days of the invitation to apply, but EPA may extend the 
deadline on a case-by-case basis if the LOI schedule signals additional 
time may be needed.

D. Opportunities To Learn More About the SWIFIA Program

    EPA will host a webinar to provide state infrastructure financing 
authority prospective borrowers further information about the SWIFIA 
loans and submitting an LOI. The webinar date and registration 
instructions can be found on the WIFIA program website: https://www.epa.gov/wifia/wifia-webinars.
    Prospective borrowers with questions about the program or interest 
in meeting with the WIFIA program staff may send a request to 
<a href="/cdn-cgi/l/email-protection#681f010e0109280d1809460f071e"><span class="__cf_email__" data-cfemail="dea9b7b8b7bf9ebbaebff0b9b1a8">[email protected]</span></a>. EPA will meet with all prospective borrowers interested 
in discussing the program prior to submission of an LOI.

Table of Contents

I. Background
II. Program Funding
III. Program Priorities
IV. Eligibility Requirements
V. Budgetary Scoring Determination for Non-Federal Projects
VI. Types of Credit Assistance
VII. Letters of Interest and Applications
VIII. Fees
IX. Selection Criteria
X. Federal Requirements

I. Background

    Congress enacted WIFIA as part of the Water Resources Reform and 
Development Act of 2014 (WRRDA). Codified at 33 U.S.C. 3901-3914, WIFIA 
authorizes a Federal credit program for water infrastructure projects 
to be administered by EPA. WIFIA authorizes EPA to provide Federal 
credit assistance in the form of secured (direct) loans or loan 
guarantees for eligible water infrastructure projects.
    Congress amended WIFIA in America's Water Infrastructure Act of 
2018 (AWIA) to authorize Federal credit assistance exclusively for 
state infrastructure financing authority borrowers.
    The WIFIA program's mission is to accelerate investment in our 
nation's water, wastewater, and stormwater infrastructure by providing 
long-term, low-cost, supplemental credit assistance under customized 
terms to creditworthy water infrastructure projects of national and 
regional significance.

II. Program Funding

    Congress appropriated $5 million in funding to cover the subsidy 
cost of providing SWIFIA credit assistance. The subsidy cost covers the 
Federal government's risk that the loan may not be paid back. EPA 
anticipates that the average subsidy cost for SWIFIA-funded projects 
will be relatively low; therefore, this funding can be leveraged into a 
much larger amount of credit assistance. EPA estimates that this 
appropriation will allow the agency to provide approximately $1 billion 
\1\ in long-term, low-cost financing to water infrastructure projects 
and accelerate approximately $2 billion in infrastructure investment 
around the country.
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    \1\ This estimated loan volume is provided for reference only. 
Consistent with the Federal Credit Reform Act of 1990 and the 
requirements of the Office of Management and Budget, the actual 
subsidy cost of providing credit assistance is based on individual 
project characteristics and calculated on a project-by-project 
basis. Thus, actual lending capacity may vary.
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III. Program Priorities

    This year, EPA identified the following priorities to address the 
water sector's most pressing public health and environmental 
challenges:

A. Increasing Investment in Economically-Stressed Communities

    EPA encourages the submission of projects that address the ever 
increasing needs of economically-stressed and disadvantaged communities 
to ensure they benefit from investments in water infrastructure, and 
therefore improve the public health and livability of these 
communities.

B. Making Rapid Progress on Lead Service Line Replacement

    Many drinking water systems still have lead service lines. EPA 
encourages the submission of drinking water infrastructure projects 
that will help make rapid progress on replacing lead service lines so 
we can reduce exposure to lead and improve public health.

C. Addressing PFAS and Emerging Contaminants

    EPA encourages the submission of projects that focus on reducing 
people's exposure to perfluoroalkyl and polyfluoroalkyl substances 
(PFAS) and other emerging contaminants through drinking water and/or 
projects that help address discharges of emerging contaminants from 
wastewater and/or stormwater systems.

D. Supporting One Water Innovation and Resilience

    One of the defining features of WIFIA is the broad range of 
eligible projects that EPA can fund to flexibly support priority needs. 
EPA encourages borrowers to submit applications for water 
infrastructure projects that are new and innovative in regards to 
energy efficiency, addressing drought, or reducing water pollution and 
contaminants. In addition, EPA encourages the submission of water 
infrastructure projects that are more resilient to all threats--whether 
it is natural disasters (e.g., flooding, hurricanes), climate change, 
or threats such as bioterrorism and cyber-attacks.

IV. Eligibility Requirements

    The WIFIA statute and implementing rules set forth eligibility 
requirements for prospective borrowers, projects, and project costs. 
The requirements outlined below are described in greater detail in the 
WIFIA program handbook.

A. Eligible Applicants

    Prospective borrowers must be a state infrastructure financing 
authority to be eligible for SWIFIA credit assistance. EPA defines 
state infrastructure financing authority as the state entity 
established or designated by the Governor of a state to receive a 
capitalization grant provided by, or otherwise carry out the 
requirements of, title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water 
Act (42 U.S.C. 300j-12).

B. Eligible Projects

    To be eligible for SWIFIA credit assistance, the SWIFIA project 
must be a combination of projects, each of which is eligible for 
assistance under section 603(c) of the Federal Water Pollution Control 
Act (33 U.S.C. 1383(c)) or section 1452(a)(2) of the Safe Drinking 
Water Act (42 U.S.C. 300j-12(a)(2)), for which a state infrastructure 
financing authority submits to the Administrator a single application.

C. Eligible Costs

    As defined under 33 U.S.C. 3906 and described in the WIFIA program 
handbook, eligible project costs are costs for the SWIFIA project 
associated with the following activities:
    (i) Development-phase activities, including planning, feasibility 
analysis (including any related analysis necessary to carry out an 
eligible project), revenue forecasting, environmental review, 
permitting, preliminary engineering and design work, and other 
preconstruction activities;
    (ii) Construction, reconstruction, rehabilitation, and replacement 
activities;
    (iii) The acquisition of real property or an interest in real 
property (including water rights, land relating to the project, and 
improvements to land),

[[Page 36497]]

environmental mitigation (including acquisitions pursuant to 33 U.S.C. 
3905(8)), construction contingencies, and acquisition of equipment; and
    (iv) Capitalized interest necessary to meet market requirements, 
reasonably required reserve funds, capital issuance expenses, and other 
carrying costs during construction. Capitalized interest on WIFIA 
credit assistance may not be included as an eligible project cost.

D. Threshold Requirements

    For a project to be eligible for SWIFIA credit assistance, a SWIFIA 
project must meet the following criteria:
    (i) The SWIFIA project and obligor shall be creditworthy;
    (ii) A SWIFIA project shall have eligible project costs that are 
reasonably anticipated to equal or exceed $20 million;
    (iii) SWIFIA project financing shall be repayable, in whole or in 
part, from state or local taxes, user fees, or other dedicated revenue 
sources that also secure the senior SWIFIA project obligations of the 
SWIFIA project; shall include a rate covenant, coverage requirement, or 
similar security feature supporting the SWIFIA project obligations; and 
may have a lien on revenues subject to any lien securing SWIFIA project 
obligations; and
    (iv) The project shall have an operations and maintenance plan that 
identifies adequate revenues to operate, maintain, and repair the 
project during its useful life.

V. Budgetary Scoring Determination for Non-Federal Projects

    To comply with Public Law 116-260, a project selected for WIFIA 
financing using funding appropriated in FY2022 will be assessed using 
two initial screening questions and sixteen scoring factors. These 
questions will help the Office of Management and Budget (OMB) determine 
compliance with budgetary scoring rules, a process that will be 
conducted in parallel to EPA's LOI evaluation process outlined in this 
NOFA. The questions may be found in Federal Register publication: Water 
Infrastructure Finance and Innovation Act Program (WIFIA) Criteria 
Pursuant to Public Law 116-94 (85 FR 39189, June 30, 2020). These 
questions are also published in the WIFIA program handbook and further 
information about the scoring process may be referenced therein. EPA 
encourages project applicants to review the scoring criteria and 
provide sufficient information in the LOI or as an attachment to the 
LOI to facilitate EPA and OMB review of the prospective project 
considering the scoring criteria.

VI. Types of Credit Assistance

    Under SWIFIA, EPA is offering senior loans, on parity with a state 
infrastructure financing authority's other senior capital market debt 
of the same credit quality, to help the state infrastructure financing 
authority lend to multiple projects throughout the state. The maximum 
amount of SWIFIA credit assistance to a state infrastructure financing 
authority is 49 percent of estimated eligible total costs of the 
eligible projects that are included in the SWIFIA project. Prospective 
SWIFIA borrowers may request one the following loan structures:
    (i) EPA accepts the state infrastructure financing authority's 
existing capital market debt indenture (to the extent the terms are 
permissible under Federal law and regulation and WIFIA program 
policies); or
    (ii) The state infrastructure financing authority accepts EPA's 
standard terms. More information on EPA's standard terms is available 
at www.epa.gov/wifia.

VII. Letters of Interest and Applications

    Each prospective borrower will be required to submit an LOI and, if 
invited, an application to EPA to be considered for approval. This 
section describes the LOI submission and application submission.

A. Letter of Interest (LOI)

    Prospective borrowers seeking a SWIFIA loan must submit an LOI 
describing the SWIFIA project fundamentals and addressing the SWIFIA 
selection criteria.
    The primary purpose of the LOI is to provide adequate information 
to EPA to validate the eligibility and creditworthiness of the 
prospective borrower and the prospective SWIFIA project and determine 
the extent to which the SWIFIA project meets the statutory selection 
criteria. Based on its review of the information provided in the LOI, 
EPA will invite prospective borrowers to submit applications for their 
projects. Prospective borrowers are encouraged to review the WIFIA 
program handbook to help create the best justification possible for the 
project and a cohesive and comprehensive LOI submittal.
    Prospective borrowers should utilize the LOI form on the WIFIA 
website and ensure that sufficient detail about the project is provided 
for EPA's review. EPA will notify a prospective borrower if its SWIFIA 
project is deemed ineligible as described in Section IV of this NOFA.
    Below is guidance on what EPA recommends be included in the LOI.
    1. Loan Information: The prospective borrower provides information 
about its legal name, business address, program website, employer/
taxpayer identification number, Unique Entity ID from SAM.gov, 
requested SWIFIA loan amount and SWIFIA project cost amount, type of 
SRF loans (clean water, drinking water, or both), and requested loan 
structure.
    2. Supporting Documents: The prospective borrower provides the most 
recent version of the following documents: Intended Use Plan (IUP), SRF 
Operating Agreements with EPA Regional Office, documentation of the 
priority setting system, and bond indenture (if applicable).
    3. Contact Information: The prospective borrower identifies the 
points of contact with whom the WIFIA program should communicate 
regarding the LOI. To complete EPA's evaluation, the WIFIA program 
staff may contact a prospective borrower regarding specific information 
in the LOI.
    4. Certifications. The prospective borrower certifies that it will 
abide by all applicable laws and regulations, if selected to receive 
funding.

B. Application

    After EPA concludes its evaluation of a complete LOI package, a 
selection committee will invite the prospective borrower to apply based 
on satisfaction of the eligibility requirements. So long as budget 
authority remains available, EPA expects that all eligible state 
infrastructure financing authority prospective borrowers will be 
invited to apply for a SWIFIA loan.
    An invitation to apply for WIFIA credit assistance does not 
guarantee EPA's approval, which remains subject to a project's 
continued eligibility, including creditworthiness, the successful 
negotiation of terms acceptable to EPA, and the availability of funds 
at the time at which all necessary recommendations and evaluations have 
been completed. However, the purpose of EPA's LOI review is to pre-
screen prospective borrowers to the extent practicable. It is expected 
that EPA will only invite prospective borrowers to apply if it 
anticipates that those prospective borrowers are able to obtain WIFIA 
credit assistance. Detailed information needs for the application are 
listed in the application form and described in the WIFIA program 
handbook.

VIII. Fees

    There is no fee to submit an LOI. For information about application 
and post-closing costs, please refer to the WIFIA fee rule, Fees for 
Water Infrastructure

[[Page 36498]]

Project Applications under WIFIA, 40 CFR 35.10080.

IX. Selection Criteria

    This section specifies the criteria and process that EPA will use 
to evaluate LOIs and award applications for SWIFIA assistance.
    The selection criteria described are the statutory selection 
criteria for state infrastructure financing authority borrowers. 
Following its eligibility determination, EPA will determine the extent 
to which the SWIFIA project meets the statutory selection criteria. 
They are as follows:
    (i) The extent to which the project financing plan includes public 
or private financing in addition to assistance under [WIFIA]. 33 U.S.C. 
3907(b)(2)(B); 40 CFR 35.10055(a)(10).
    (ii) The likelihood that assistance under [WIFIA] would enable the 
project to proceed at an earlier date than the project would otherwise 
be able to proceed. 33 U.S.C. 3907(b)(2)(C); 40 CFR 35.10055(a)(2).
    (iii) The extent to which the project uses new or innovative 
approaches. 33 U.S.C. 3907(b)(2)(D); 40 CFR 35.10055(a)(3).
    (iv) The amount of budget authority required to fund the Federal 
credit instrument made available under [WIFIA]. 33 U.S.C. 
3907(b)(2)(E).
    (v) The extent to which the project (1) protects against extreme 
weather events, such as floods or hurricanes; or (2) helps maintain or 
protect the environment. 33 U.S.C. 3907(b)(2)(F); 40 CFR 
35.10055(a)(4); 40 CFR 35.10055(a)(5).
    (vi) The extent to which the project serves regions with 
significant energy exploration, development, or production areas. 33 
U.S.C. 3907(b)(2)(G); 40 CFR 35.10055(a)(6).
    (vii) The extent to which a project serves regions with significant 
water resource challenges, including the need to address: (1) water 
quality concerns in areas of regional, national, or international 
significance; (2) water quantity concerns related to groundwater, 
surface water, or other water sources; (3) significant flood risk; (4) 
water resource challenges identified in existing regional, state, or 
multistate agreements; or (5) water resources with exceptional 
recreational value or ecological importance. 33 U.S.C. 3907(b)(2)(H); 
40 CFR 35.10055(a)(7).
    (viii) The extent to which the project addresses identified 
municipal, state, or regional priorities. 33 U.S.C. 3907(b)(2)(I); 40 
CFR 35.10055(a)(8).
    (ix) The readiness of the project to proceed toward development, 
including a demonstration by the obligor that there is a reasonable 
expectation that the contracting process for construction of the 
project can commence by not later than 90 days after the date on which 
a Federal credit instrument is obligated for the project under [WIFIA]. 
33 U.S.C. 3907(b)(2)(J); 40 CFR 35.10055(a)(9).
    (x) The extent to which assistance under [WIFIA] reduces the 
contribution of Federal assistance to the project. 33 U.S.C. 
3907(b)(2)(K); 40 CFR 35.10055(a)(11).

X. Federal Requirements

    All state infrastructure financing authorities receiving SWIFIA 
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 SWIFIA 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-federal-compliance-requirements.
    (i) Build America, Buy America Act, Public Law 117-58, Sec.  70911-
70917;
    (ii) American Iron and Steel Requirement, 33 U.S.C. 3914, https://www.epa.gov/cwsrf/state-revolving-fund-american-iron-and-steel-ais-requirement;
    (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-act-overview;
    (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.;
    (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-fishery-conservation-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-and-drinking-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-litigation-information-federal-grants-cooperative-agreements-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

[[Page 36499]]

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-office-title-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%20r
eceiving%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/resources-small-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. 2022-12986 Filed 6-16-22; 8:45 am]
BILLING CODE 6560-50-P


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