Page:United States Statutes at Large Volume 114 Part 5.djvu/266

 114 STAT. 2763A-226 PUBLIC LAW 106-554—APPENDIX D "(2) subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1). "(b) PRIORITIZATION. —In selecting from among municipalities applying for grants under subsection (a), a State or the Administrator shall give priority to an applicant that— "(1) is a municipality that is a financially distressed community under subsection (c); "(2) has implemented or is complying with an implementation schedule for the nine minimum controls specified in the CSO control policy referred to in section 402(q)(l) and has begun implementing a long-term municipal combined sewer overflow control plan or a separate sanitary sewer overflow control plan; "(3) is requesting a grant for a project that is on a State's intended use plan pursuant to section 606(c); or "(4) is an Alaska Native Village. "(c) FINANCIALLY DISTRESSED COMMUNITY.— "(1) DEFINITION. —In subsection (b), the term 'financially distressed community' means a community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment. "(2) CONSIDERATION OF IMPACT ON WATER AND SEWER RATES.— In determining if a community is a distressed community for the purposes of subsection (b), the State shall consider, among other factors, the extent to which the rate of growth of a community's tax base has been historically slow such that implementing a plan described in subsection (b)(2) would result in a significant increase in any water or sewer rate charged by the community's publicly owned wastewater treatment facility. " (3) INFORMATION TO ASSIST STATES.— The Administrator may publish information to assist States in establishing affordability criteria under paragraph (1). "(d) COST-SHARING. —The Federal share of the cost of activities carried out using amounts from a grant made under subsection (a) shall be not less than 55 percent of the cost. The non-Federal share of the cost may include, in any amount, public and private funds and in-kind services, and may include, notwithstanding section 603(h), financial assistance, including loans, from a State water pollution control revolving fund. "(e) ADMINISTRATIVE REPORTING REQUIREMENTS.— I f a project receives grant assistance under subsection (a) and loan assistance from a State water pollution control revolving fund and the loan assistance is for 15 percent or more of the cost of the project, the project may be administered in accordance with State water pollution control revolving fund administrative reporting requirements for the purposes of streamlining such requirements. "(f) AUTHORIZATION OF APPROPRIATIONS.—T here is authorized to be appropriated to carry out this section $750,000,000 for each of fiscal years 2002 and 2003. Such sums shall remain available until expended. "(g) ALLOCATION OF FUNDS. — "(1) FISCAL YEAR 2002. — Subject to subsection (h), the Administrator shall use the amounts appropriated to carry

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