I 
111TH CONGRESS 
1ST SESSION H. R. 4352 
To amend the Federal Water Pollution Control Act to authorize additional 
assistance for projects to construct publicly owned treatment works that 
serve small and disadvantaged communities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2009 
Mr. MCCARTHY of California introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to au-
thorize additional assistance for projects to construct 
publicly owned treatment works that serve small and 
disadvantaged communities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Small and Rural Com-
munities Wastewater Infrastructure Act’’. 
VerDate Nov 24 2008 
02:06 Dec 19, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4352.IH
H4352
jbell on DSKDVH8Z91PROD with BILLS
SEC. 2. PUBLICLY OWNED TREATMENT WORKS SERVING 
SMALL AND DISADVANTAGED COMMUNITIES. 
Title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et seq.) is amended— 
(1) by redesignating section 607 as section 608; 
and 
(2) by inserting after section 606 the following: 
‘‘SEC. 607. PUBLICLY OWNED TREATMENT WORKS SERVING 
SMALL AND DISADVANTAGED COMMUNITIES. 
‘‘(a) ALLOCATION OF FUNDS FOR SMALL TREAT-
MENT WORKS.— 
‘‘(1) IN GENERAL.—Of the funds received by a 
State in capitalization grants under this title for a 
fiscal year— 
‘‘(A) not less than 5 percent shall be used 
to provide assistance to publicly owned treat-
ment works that regularly serve 5,000 or fewer 
persons, to the extent that there are sufficient 
applications for such assistance; 
‘‘(B) not less than 10 percent shall be used 
to provide assistance to publicly owned treat-
ment works that regularly serve between 5,001 
and 20,000 persons, to the extent that there 
are sufficient applications for such assistance; 
and 
VerDate Nov 24 2008 
02:06 Dec 19, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4352.IH
H4352
jbell on DSKDVH8Z91PROD with BILLS
‘‘(C) not less than 15 percent shall be used 
to provide assistance to publicly owned treat-
ment works that regularly serve between 20,001 
and 50,000 persons, to the extent that there 
are sufficient applications for such assistance. 
‘‘(2) USE OF FUNDS IN OTHER CATEGORIES.— 
If a State is not able to use an amount of funds to 
provide assistance to publicly owned treatment works 
in accordance with paragraph (1)(A), (1)(B), or 
(1)(C) because there are not sufficient applications, 
the State, to the maximum extent practicable, shall 
use that amount of funds to provide assistance for 
another purpose specified in paragraph (1). 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in paragraph (1)(A), (1)(B), or 
(1)(C) shall be construed to limit the amount of 
funds received by a State in capitalization grants 
under this title that may be used by the State for 
the purposes described in that paragraph. 
‘‘(b) PRECONSTRUCTION ASSISTANCE
FOR SMALL 
TREATMENT WORKS.— 
‘‘(1) AUTHORITY
TO
MAKE
PRELOANS.—Not-
withstanding any other provision of this title, a 
State may use funds received in capitalization grants 
under this title for making preloans to eligible recipi-
VerDate Nov 24 2008 
02:06 Dec 19, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4352.IH
H4352
jbell on DSKDVH8Z91PROD with BILLS
ents in accordance with the requirements of this 
subsection. 
‘‘(2) ELIGIBLE USES OF PRELOANS.—A preloan 
received by an eligible recipient under this sub-
section may be used for the following costs incurred 
in connection with an eligible project: 
‘‘(A) Project development. 
‘‘(B) Environmental studies. 
‘‘(C) Legal and administrative expenses. 
‘‘(D) Project design. 
‘‘(E) Such other costs as the Adminis-
trator determines appropriate, as prescribed by 
regulation. 
‘‘(3) INELIGIBLE USE.—A preloan received by 
an eligible recipient under this subsection may not 
be used for costs related to land acquisition. 
‘‘(4) 
MAXIMUM
INDIVIDUAL
PRELOAN 
AMOUNT.—The amount of a preloan made under 
this subsection in connection with an eligible project 
may not exceed 10 percent of the estimated cost of 
the project. 
‘‘(5) 
MAXIMUM
AGGREGATE
PRELOAN 
AMOUNT.—Not to exceed 15 percent of the funds re-
ceived by a State in capitalization grants under this 
VerDate Nov 24 2008 
02:06 Dec 19, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4352.IH
H4352
jbell on DSKDVH8Z91PROD with BILLS