Notice2022-12986
Notice of Funding Availability for Credit Assistance Under SWIFIA Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 17, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36495-36499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://www.epa.gov/wifia">https://www.epa.gov/wifia</a>.
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: <a href="https://www.epa.gov/wifia">https://www.epa.gov/wifia</a>),
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: <a href="https://www.epa.gov/wifia/wifia-application-materials">https://www.epa.gov/wifia/wifia-application-materials</a>.
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: <a href="https://www.epa.gov/wifia/wifia-webinars">https://www.epa.gov/wifia/wifia-webinars</a>.
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 <a href="http://www.epa.gov/wifia">www.epa.gov/wifia</a>.
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 <a href="http://SAM.gov">SAM.gov</a>,
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 <a href="https://www.epa.gov/wifia/wifia-federal-compliance-requirements">https://www.epa.gov/wifia/wifia-federal-compliance-requirements</a>.
(i) Build America, Buy America Act, Public Law 117-58, Sec. 70911-
70917;
(ii) American Iron and Steel Requirement, 33 U.S.C. 3914, <a href="https://www.epa.gov/cwsrf/state-revolving-fund-american-iron-and-steel-ais-requirement">https://www.epa.gov/cwsrf/state-revolving-fund-american-iron-and-steel-ais-requirement</a>;
(iii) Labor Standards, 33 U.S.C. 1372, <a href="https://www.dol.gov/whd/govcontracts/dbra.htm">https://www.dol.gov/whd/govcontracts/dbra.htm</a>;
(iv) National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., <a href="https://www.epa.gov/nepa">https://www.epa.gov/nepa</a>;
(v) Floodplain Management, Executive Order 11988, 42 FR 26951, May
24, 1977, <a href="https://www.archives.gov/federal-register/codification/executive-order/11988.html">https://www.archives.gov/federal-register/codification/executive-order/11988.html</a>;
(vi) Archeological and Historic Preservation Act, 16 U.S.C. 469-
469c, <a href="https://www.nps.gov/archeology/tools/laws/ahpa.htm">https://www.nps.gov/archeology/tools/laws/ahpa.htm</a>;
(vii) Clean Air Act, 42 U.S.C. 7401 et seq., <a href="https://www.epa.gov/clean-air-act-overview">https://www.epa.gov/clean-air-act-overview</a>;
(viii) Clean Water Act, 33 U.S.C. 1251 et seq., <a href="https://www.epa.gov/aboutepa/about-office-water">https://www.epa.gov/aboutepa/about-office-water</a>;
(ix) Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq.;
(x) Coastal Zone Management Act, 16 U.S.C. 1451 et seq., <a href="https://coast.noaa.gov/czm/about/">https://coast.noaa.gov/czm/about/</a>;
(xi) Endangered Species Act, 16 U.S.C. 1531 et seq., <a href="https://www.fws.gov/endangered/">https://www.fws.gov/endangered/</a>;
(xii) Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, Executive Order 12898, 59 FR
7629, February 16, 1994, <a href="https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf">https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf</a>;
(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, <a href="https://www.epa.gov/cwa-404">https://www.epa.gov/cwa-404</a>;
(xiv) Farmland Protection Policy Act, 7 U.S.C. 4201 et seq.,
<a href="https://www.nrcs.usda.gov/wps/portal/nrcs/detail/?cid=nrcs143_008275">https://www.nrcs.usda.gov/wps/portal/nrcs/detail/?cid=nrcs143_008275</a>;
(xv) Fish and Wildlife Coordination Act, 16 U.S.C. 661-666c, as
amended, <a href="https://www.fws.gov/">https://www.fws.gov/</a>;
(xvi) Magnuson-Stevens Fishery Conservation and Management Act, 16
U.S.C. 1801 et seq., <a href="https://www.fisheries.noaa.gov/resource/document/magnuson-stevens-fishery-conservation-and-management-act">https://www.fisheries.noaa.gov/resource/document/magnuson-stevens-fishery-conservation-and-management-act</a>;
(xvii) National Historic Preservation Act, 16 U.S.C. 470 et seq.,
<a href="https://www.nps.gov/archeology/tools/laws/NHPA.htm">https://www.nps.gov/archeology/tools/laws/NHPA.htm</a>;
(xviii) Safe Drinking Water Act, 42 U.S.C. 300f et seq., <a href="https://www.epa.gov/ground-water-and-drinking-water">https://www.epa.gov/ground-water-and-drinking-water</a>;
(xix) Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., <a href="https://rivers.gov/">https://rivers.gov/</a>;
(xx) Debarment and Suspension, Executive Order 12549, 51 FR 6370,
February 18, 1986, <a href="https://www.archives.gov/federal-register/codification/executive-order/12549.html">https://www.archives.gov/federal-register/codification/executive-order/12549.html</a>;
(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, <a href="http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning">http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning</a>;
(xxii) New Restrictions on Lobbying, 31 U.S.C. 1352, <a href="https://www.epa.gov/grants/lobbying-and-litigation-information-federal-grants-cooperative-agreements-contracts-and-loans">https://www.epa.gov/grants/lobbying-and-litigation-information-federal-grants-cooperative-agreements-contracts-and-loans</a>;
(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, <a href="https://www.archives.gov/federal-register/codification/executive-order/11738.html">https://www.archives.gov/federal-register/codification/executive-order/11738.html</a>;
(xxiv) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, 42
[[Page 36499]]
U.S.C. 4601 et seq., <a href="https://www.gpo.gov/fdsys/pkg/FR-2005-01-04/pdf/05-6.pdf">https://www.gpo.gov/fdsys/pkg/FR-2005-01-04/pdf/05-6.pdf</a>;
(xxv) Age Discrimination Act, 42 U.S.C. 6101 et seq., <a href="https://www.eeoc.gov/laws/statutes/adea.cfm">https://www.eeoc.gov/laws/statutes/adea.cfm</a>;
(xxvi) Equal Employment Opportunity, Executive Order 11246, 30 FR
12319, September 28, 1965, <a href="https://www.dol.gov/ofccp/regs/compliance/ca_11246.htm">https://www.dol.gov/ofccp/regs/compliance/ca_11246.htm</a>;
(xxvii) Section 13 of the Clean Water Act, Public Law 92-500,
codified in 42 U.S.C. 1251, <a href="https://www.epa.gov/ocr/external-civil-rights-compliance-office-title-vi">https://www.epa.gov/ocr/external-civil-rights-compliance-office-title-vi</a>;
(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., <a href="https://www.epa.gov/environmentaljustice/title-vi-and-environmental-justice">https://www.epa.gov/environmentaljustice/title-vi-and-environmental-justice</a>; and
(xxx) Participation by Disadvantaged Business Enterprises in
Procurement under the Environmental Protection Agency Financial
Assistance Agreements, 73 FR 15904, March 26, 2008, <a href="https://www.epa.gov/resources-small-businesses">https://www.epa.gov/resources-small-businesses</a>.
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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</html>Indexed from Federal Register on June 17, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.