Page:United States Statutes at Large Volume 110 Part 2.djvu/873

 PUBLIC LAW 104-182—AUG. 6, 1996 110 STAT. 1665 nationgd primary drinking water regulations applicable to the system under section 1412 or otherwise significantly further the health protection objectives of this title. The funds may also be used to provide loans to a system referred to in section 1401(4)(B) for the puirpose of providing the treatment described in section 1401(4)(B)(i)(III). The funds shall not be used for the acquisition of real property or interests therein, unless the acquisition is integral to a project authorized by this paragraph and the purchase is from a willing seller. Of the amount credited to any State loan fund established under this section in any fiscal year, 15 percent shall be available solely for providing loan assistance to public water systems which regularly serve fewer than 10,000 persons to the extent such funds can be obligated for eligible projects of public water systems. "(3) LIMITATION. — "(A) IN GENERAL.— Except as provided in subparagraph (B), no assistance under this section shall be provided to a public water system that— "(i) does not have the technical, managerial, and financial capability to ensure compliance with the requirements of this title; or "(ii) is in significant noncompliance with any requirement of a national primary drinking water regulation or variance. "(B) RESTRUCTURING.— A public water system described in subparagraph (A) may receive assistance under this section if— "(i) the use of the assistance will ensure compliance; and "(ii) if subparagraph (A)(i) applies to the system, the owner or operator of the system agrees to undertake feasible and appropriate changes in operations (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures) if the State determines that the measures are necessary to ensure that the system has the technical, managerial, and financial capability to comply with the requirements of this title over the long term. "(C) REVIEW. — Prior to providing assistance under this section to a public water system that is in significant noncompliance with any requirement of a national primary drinking water regulation or variance, the State shall conduct a review to determine whether subparagraph (A)(i) applies to the system. "(b) INTENDED USE PLANS.— "(1) IN GENERAL. —After providing for public review and comment, each State that has entered into a capitalization agreement pursuant to this section shall annually prepare a plan that identifies the intended uses of the amounts available to the State loan fund of the State. "(2) CONTENTS. —An intended use plan shall include— "(A) a list of the projects to be assisted in the first fiscal year that begins Eifter the date of the plan, including a description of the project, the expected terms of financial assistance, and the size of the community served;

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