Water Infrastructure Finance and Innovation Act Program (WIFIA) Criteria Pursuant to the Further Consolidated Appropriations Act, 2020, 39189-39191 [2020-13889]
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Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices
containing 30% Citridiol® (Oil of
Lemon Eucalyptus) against three species
of ticks’’. On July 22, 2020, the HSRB
will review a protocol from the
Antimicrobial Exposure Assessment
Task Force II titled ‘‘A Study for
Measurement of Potential Dermal and
Inhalation Exposure During Pressurized
Hand-Wand Spraying of Antimicrobial
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materials for this topic will be seven
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the meeting at https://www.epa.gov/osa/
human-studies-review-board.
On September 17, 2020, the HSRB
will review and finalize their draft Final
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meeting. The agenda and the draft
report will be available seven calendar
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Meeting minutes and final reports.
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under FOR FURTHER INFORMATION
CONTACT.
Jennifer Orme-Zavaleta,
EPA Science Advisor.
[FR Doc. 2020–14054 Filed 6–29–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
OFFICE OF MANAGEMENT OF
BUDGET
DEPARTMENT OF THE TREASURY
[FRL–10011–02–OW]
Water Infrastructure Finance and
Innovation Act Program (WIFIA)
Criteria Pursuant to the Further
Consolidated Appropriations Act, 2020
Environmental Protection
Agency (EPA), Office of Management
and Budget (OMB), and Department of
the Treasury (Treasury).
ACTION: Notice.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
The U.S. Environmental
Protection Agency (EPA), the Office of
Management and Budget (OMB), and
the Department of the Treasury
(Treasury) are providing potential
SUMMARY:
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18:18 Jun 29, 2020
Jkt 250001
applicants to the Water Infrastructure
Finance and Innovation Act (WIFIA)
Program with information about
budgetary screening criteria that will be
applied to projects in accordance with
the Further Consolidated
Appropriations Act, 2020.
DATES: The effective date of the contents
of this notice is June 30, 2020.
FOR FURTHER INFORMATION CONTACT: For
additional EPA information related to
this notice, please contact Jordan
Dorfman, Office of Water (mail code
4202M), Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; telephone
number: (202) 564–0614; or email:
Dorfman.Jordan@epa.gov (preferred).
For additional OMB information related
to this notice, please contact Andrea
Grossman, Environment Branch, Office
of Management and Budget, 757 17th
Street NW, Washington, DC 20006;
telephone number: (202) 395–4756; or
email: AGrossman@omb.eop.gov. For
additional Treasury information related
to this notice, please contact Colleen
Mills, Office of Federal Program
Finance, Department of the Treasury,
1500 Pennsylvania Avenue NW,
Washington, DC 20220; telephone
number: (202) 622–5447; or email:
Colleen.Mills@treasury.gov.
SUPPLEMENTARY INFORMATION:
I. Statutory Requirement
The following criteria are published
pursuant to the Water Infrastructure
Finance and Innovation Program
Account (WIFIA Program) heading in
the Further Consolidated
Appropriations Act, 2020 (Pub. L. 116–
94). Proviso 4 under the WIFIA Program
heading requires the publication of
criteria that ‘‘limit Federal participation
in a project consistent with the
requirements for the budgetary
treatment provided for in section 504 of
the Federal Credit Reform Act of 1990
[(FCRA; 2 U.S.C. 661c)] and based on
the recommendations contained in the
1967 Report of the President’s
Commission on Budget Concepts [(1967
Report)].’’ Proviso 7 under the WIFIA
Program heading requires ‘‘the use of
direct loans or loan guarantee authority
under [the WIFIA Program] heading for
direct loans or commitments to
guarantee loans for any project shall be
in accordance with the criteria
published pursuant to this Act.’’
II. Background
The Federal budget is presented on a
cash basis. This is driven by many
considerations, among which is a need
to reflect the statutory requirement that
the Federal Government records full
PO 00000
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Fmt 4703
Sfmt 4703
39189
cost at the time an obligation is entered
into, as required by 31 U.S.C. 1501,
known as the recording statute. If an
activity is determined to be Federal in
nature, then, consistent with 31 U.S.C.
1501, Federal obligations are recorded
in the budget at the full value of the
activity. The question of whether or not
to include a project or asset in the
budget hinges on whether the project or
asset in question is Federal or nonFederal in nature. When faced with a
project or asset where this Federal
designation is unclear, the 1967 Report
recommends ‘‘a comprehensive budget,
with very few exclusions’’ and states
that ‘‘borderline agencies and
transactions should be included in the
budget unless there are exceptionally
persuasive reasons for exclusion.’’ 1 The
1967 Report notes the inherent
difficulty in making a Federal or nonFederal determination in many cases
and suggests a series of questions,
which guide the criteria below, yet
notes that ‘‘the answer to no one of
these questions is conclusive’’ and
decisions involve ‘‘a net weighing of as
many relevant considerations as
possible.’’ 2
The most significant statutory
exception to the cash basis of the
Federal budget is section 504 of FCRA,
2 U.S.C. 661c, which requires the
budgetary treatment of direct loans and
loan guarantees provided by the
Government to a non-Federal borrower
to be recorded using net present value.
Regardless of the identity of the
borrower, however, requiring that a
Federal project or asset be recorded in
the budget on a net present value basis
would be inconsistent with 31 U.S.C.
1501, existing Government-wide
guidance, and a cash budget. Therefore,
to ‘‘limit Federal participation in a
project consistent with the requirements
for the budgetary treatment provided for
in section 504 of [FCRA] and based on
the recommendations contained in the
[1967 Report],’’ as required by Proviso 4
under the WIFIA Program heading in
Public Law 116–94, only non-Federal
projects are eligible for WIFIA loans and
loan guarantees.
III. Federal Asset Screening Criteria
and Process
The following criteria are published
pursuant to Proviso 4 under the WIFIA
Program heading in Public Law 116–94
and apply only to loans and loan
guarantees issued under the Water
Infrastructure Finance and Innovation
Act of 2014 (Public Law 113–121, title
1 The 1967 Report of the President’s Commission
on Budget Concepts, pg. 25.
2 Id.
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39190
Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices
V, subtitle C (33 U.S.C. Chapter 52)).
The criteria and procedures identified
in this notice do not apply to any
Notices of Funding Availability (NOFA)
published by the WIFIA Program prior
to the publication of this notice. In order
to comply with Proviso 7 under the
WIFIA heading in Public Law 116–94, a
proposed WIFIA-financed activity will
be evaluated using the two initial
screening questions and the sixteen
criteria listed below as a guide. The
criteria will be considered cumulatively
and individually when evaluating
project eligibility. In addition to the
criteria listed below, the U.S.
Environmental Protection Agency (EPA)
and the Office of Management and
Budget (OMB) will consider any
additional information that may bear on
the Federal Government’s current and
future expected involvement in a WIFIA
project. Finally, as required by the
Proviso 10 of Public Law 116–94, none
of the direct loans or loan guarantee
authority made available under Public
Law 116–94 shall be available for any
project unless the Administrator and the
Director of OMB have certified in
advance in writing that the direct loan
or loan guarantee, as applicable, and the
project comply with the criteria
developed and published pursuant to
Public Law 116–94.
EPA will continue to implement
existing elements of the WIFIA program
consistent with prior practice,
supplemented by the criteria and
procedures provided in this notice. EPA
will publish a NOFA that will include
the Administrator’s targeted priorities
for each new round of WIFIA financing
and will invite prospective borrowers to
submit letters of interest to EPA. EPA
will review those letters for statutory
eligibility and, in coordination with
OMB, apply the screening criteria and
procedures provided in the NOFA and
this notice to determine funding
eligibility before formally inviting
prospective applicants to apply for
WIFIA funding.
Prospective projects will be evaluated
by EPA based on the selection process
articulated in each NOFA. EPA will
then engage with OMB to review how
the criteria in this notice were applied
to the potential projects. EPA and OMB
must reach preliminary agreement that
each of the projects is non-Federal
before EPA formally invites such
projects to apply for WIFIA financing.
EPA will also inform OMB of any new
information or changes to this
preliminary assessment of the screening
questions and criteria listed below for
individual projects that are progressing
through the full WIFIA evaluation
process following receipt of complete
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18:18 Jun 29, 2020
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project financing applications, and will
terminate the process if projects are
determined not to comply with FCRA
based on that new information.
EPA and OMB encourage prospective
WIFIA Program borrowers to evaluate
the screening questions and criteria in
this notice and provide sufficient
information in letters of interest and
formal applications that address any
federal asset questions or concerns,
including the type of project seeking
WIFIA funding under 33 U.S.C. 3907(b)
and whether or not the loan will satisfy
EPA’s template term sheet and standard
loan agreement provisions.
A. Is the project, in whole or in part,
a project currently authorized by
Congress for the Army Corps of
Engineers or Bureau of Reclamation to
construct? 3
B. Is the project, in whole or in part,
a local cost share requirement for an
Army Corps of Engineers or Bureau of
Reclamation project? 4
4. To what degree does the Federal
Government direct the contracting
process for the WIFIA project?
5. Is there a specific authority
provided to the WIFIA project by an Act
of Congress without which the WIFIA
project could not proceed?
6. What is the Federal Government’s
role in the governance of the project? In
other words, what is the role of the
Federal Government in selecting
management or overseeing the project
(including, but not limited to, approval
of contract scope and step-in rights, or
as a member of a board of directors),
both during construction as well as in
terms of operations and ongoing
maintenance?
7. Is this project part of a larger
Federally authorized project (not
limited to but consistent with the initial
screening criteria) and if so, does the
project under consideration for a loan or
loan guarantee constitute a useful
segment—either a planning segment or
a useful asset—as defined in the Capital
Programming Guide (supplement to
OMB Circular A–11)?
V. Federal Asset Screening Criteria
Financing of the Project
Structure of the Project
8. Does the Federal Government
provide resources for the WIFIA Federal
loan repayment?
9. Will the WIFIA project meet the
nonsubordination requirement provided
in 33 U.S.C. 3908(b)(6)?
10. Does the WIFIA project depend on
the Federal Government making other
in-kind contributions (land, real estate,
right-of-way, etc.)?
11. Is non-Federal financing available
for the project?
12. If the project is required to obtain
an investment-grade rating opinion
letter, per 33 U.S.C. 3901(4) and
3908(a)(3), to what extent does the
rating opinion letter consider Federal
support as a credit enhancement?
IV. Initial Federal Asset Screening
Questions
1. To what degree does the Federal
Government comprise the WIFIA
project’s user base?
2. Does the project involve the use of
the Federal Government’s sovereign
power (excluding, e.g., National
Environmental Policy Act (NEPA)
review)?
3. Does the WIFIA project require the
construction or acquisition of an asset
for the special purpose of or use by the
Federal Government?
3 A project authorized by an Act of Congress to
be built by the Army Corps of Engineers or Bureau
of Reclamation is ineligible for WIFIA financing.
However, a project that may connect to, or be
tangentially related to, such a project, may be
eligible depending on the factual circumstances
(e.g., a project to upgrade a water distribution
system that is connected to an Army Corps of
Engineers- or Bureau of Reclamation-constructed
water source may be eligible for WIFIA financing
in some circumstances). Furthermore, a project at
a local municipal facility might not be deemed
ineligible simply because it was originally built by
the Army Corps of Engineers or Bureau of
Reclamation. Such questions will need to be
resolved on a case-by-case basis.
4 WIFIA authorizes loans to support local costsharing requirements. See 33 U.S.C. 3908(b)(8)
(‘‘The proceeds of a secured loan under this section
may be used to pay any non-Federal share of project
costs required if the loan is repayable from nonFederal funds.’’). However, such a loan that would
finance a project that is in whole, or in part, a
project authorized by Congress for the Army Corps
of Engineers or the Bureau of Reclamation to
construct would not meet the Federal asset
screening process. Project applicants are
encouraged to review all applicable statutory
requirements before seeking WIFIA financing.
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Sfmt 4703
Project Liabilities
13. To what degree will the Federal
Government bear funding liabilities
associated with the WIFIA project not
otherwise appropriated by Congress or
captured in the loan subsidy?
14. Is the risk to the Federal
Government low relative to the private
sector for the financing of the WIFIA
project?
15. To what degree does the Federal
Government own or is the Federal
Government contractually obligated to
complete, maintain, or repair damage to
the WIFIA project?
16. Is the Federal Government liable
for unforeseen costs (e.g., environmental
impacts, damage from natural disasters,
or cost overruns) either before, during,
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Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices
or after completion of the WIFIA
project?
VI. Certification
The Further Consolidated
Appropriations Act, 2020 (Pub. L. 116–
94) requires that the Administrator of
EPA, the Secretary of the Treasury, and
the Director of OMB certify that criteria
developed for project eligibility for
direct loans and loan guarantees
authorized by the Water Infrastructure
Finance and Innovation Act of 2014 are
compliant with the first paragraph
found under the ‘‘Water Infrastructure
Financing and Innovation Program
Account’’ heading in the Further
Consolidated Appropriations Act, 2020.
The Administrator, the Secretary, and
the Director certify that the criteria
developed meet the aforementioned
requirement.
Andrew Wheeler,
Administrator, Environmental Protection
Agency.
Russell Vought,
Acting Director, Office of Management and
Budget.
Steven Mnuchin,
Secretary, Department of the Treasury.
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1243; FRS 16847]
Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA), the Federal Communications
Commission (FCC or Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
khammond on DSKJM1Z7X2PROD with NOTICES
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18:18 Jun 29, 2020
Jkt 250001
Written comments should be
submitted on or before August 31, 2020.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contacts below as soon as
possible.
DATES:
Direct all PRA comments to
Cathy Williams, FCC, via email PRA@
fcc.gov and to Cathy.Williams@fcc.gov.
ADDRESSES:
For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
FOR FURTHER INFORMATION CONTACT:
The FCC
may not conduct or sponsor a collection
of information unless it displays a
currently valid Office of Management
and Budget (OMB) control number. No
person shall be subject to any penalty
for failing to comply with a collection
of information subject to the PRA that
does not display a valid OMB control
number.
As part of its continuing effort to
reduce paperwork burdens, and as
required by the PRA of 1995 (44 U.S.C.
3501–3520), the FCC invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
OMB Control Number: 3060–1243.
Title: Sections 1.9020(n), 1.9030(m),
1.9035(o), Community notification
requirement for certain contraband
interdiction systems; Section 20.18(r),
Contraband Interdiction System (CIS)
requirement; Section 20.23(a), good
faith negotiations.
Form Number: N/A.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–13889 Filed 6–26–20; 4:15 pm]
SUMMARY:
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
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39191
Respondents: Businesses or other forprofit entities and state, local or Tribal
Governments.
Type of Review: Extension of a
currently approved collection.
Number of Respondents and
Responses: 26 respondents and 28
responses.
Estimated Time per Response: 8–16
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: There is no
obligation to respond; response required
to obtain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 151, 152, 154(i), 154(j), 301,
302a, 303, 307, 308, 309, 310, and 332.
Total Annual Burden: 325 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Act: No impact(s).
Needs and Uses: On March 24, 2017,
the Federal Communications
Commission released a Report and
Order, Promoting Technological
Solutions to Combat Contraband
Wireless Devices in Correctional
Facilities, GN Docket No. 13–111, FCC
17–25 (Report and Order), in which the
Commission took important steps to
help law enforcement combat the
serious threats posed by the illegal use
of contraband wireless devices by
inmates. Across the country, inmates
have used contraband devices to order
hits, run drug operations, operate phone
scams, and otherwise engage in criminal
activity that endangers prison
employees, other inmates, and innocent
members of the public. In the Report
and Order, the Commission streamlined
the process of deploying contraband
wireless device interdiction systems—
systems that use radio communications
signals requiring Commission
authorization—in correctional facilities.
The action will reduce the cost of
deploying solutions and ensure that
they can be deployed more quickly and
efficiently. In particular, the
Commission waived certain filing
requirements and provided for
immediate approval of the spectrum
lease applications needed to operate
these systems.
The effectiveness of Contraband
Interdiction System (CIS) deployment
requires all carriers in the relevant area
of the correctional facility to execute a
spectrum lease with the CIS provider.
Even if the major Commercial Mobile
Radio Services (CMRS) licensees
negotiate expeditiously and in good
faith, if one CMRS licensee in the area
fails to engage in lease negotiations in
a reasonable time frame or at all, the CIS
E:\FR\FM\30JNN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Notices]
[Pages 39189-39191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13889]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF MANAGEMENT OF BUDGET
DEPARTMENT OF THE TREASURY
[FRL-10011-02-OW]
Water Infrastructure Finance and Innovation Act Program (WIFIA)
Criteria Pursuant to the Further Consolidated Appropriations Act, 2020
AGENCY: Environmental Protection Agency (EPA), Office of Management and
Budget (OMB), and Department of the Treasury (Treasury).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA), the Office of
Management and Budget (OMB), and the Department of the Treasury
(Treasury) are providing potential applicants to the Water
Infrastructure Finance and Innovation Act (WIFIA) Program with
information about budgetary screening criteria that will be applied to
projects in accordance with the Further Consolidated Appropriations
Act, 2020.
DATES: The effective date of the contents of this notice is June 30,
2020.
FOR FURTHER INFORMATION CONTACT: For additional EPA information related
to this notice, please contact Jordan Dorfman, Office of Water (mail
code 4202M), Environmental Protection Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; telephone number: (202) 564-0614; or email:
[email protected] (preferred). For additional OMB information
related to this notice, please contact Andrea Grossman, Environment
Branch, Office of Management and Budget, 757 17th Street NW,
Washington, DC 20006; telephone number: (202) 395-4756; or email:
[email protected]. For additional Treasury information related to
this notice, please contact Colleen Mills, Office of Federal Program
Finance, Department of the Treasury, 1500 Pennsylvania Avenue NW,
Washington, DC 20220; telephone number: (202) 622-5447; or email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Statutory Requirement
The following criteria are published pursuant to the Water
Infrastructure Finance and Innovation Program Account (WIFIA Program)
heading in the Further Consolidated Appropriations Act, 2020 (Pub. L.
116-94). Proviso 4 under the WIFIA Program heading requires the
publication of criteria that ``limit Federal participation in a project
consistent with the requirements for the budgetary treatment provided
for in section 504 of the Federal Credit Reform Act of 1990 [(FCRA; 2
U.S.C. 661c)] and based on the recommendations contained in the 1967
Report of the President's Commission on Budget Concepts [(1967
Report)].'' Proviso 7 under the WIFIA Program heading requires ``the
use of direct loans or loan guarantee authority under [the WIFIA
Program] heading for direct loans or commitments to guarantee loans for
any project shall be in accordance with the criteria published pursuant
to this Act.''
II. Background
The Federal budget is presented on a cash basis. This is driven by
many considerations, among which is a need to reflect the statutory
requirement that the Federal Government records full cost at the time
an obligation is entered into, as required by 31 U.S.C. 1501, known as
the recording statute. If an activity is determined to be Federal in
nature, then, consistent with 31 U.S.C. 1501, Federal obligations are
recorded in the budget at the full value of the activity. The question
of whether or not to include a project or asset in the budget hinges on
whether the project or asset in question is Federal or non-Federal in
nature. When faced with a project or asset where this Federal
designation is unclear, the 1967 Report recommends ``a comprehensive
budget, with very few exclusions'' and states that ``borderline
agencies and transactions should be included in the budget unless there
are exceptionally persuasive reasons for exclusion.'' \1\ The 1967
Report notes the inherent difficulty in making a Federal or non-Federal
determination in many cases and suggests a series of questions, which
guide the criteria below, yet notes that ``the answer to no one of
these questions is conclusive'' and decisions involve ``a net weighing
of as many relevant considerations as possible.'' \2\
---------------------------------------------------------------------------
\1\ The 1967 Report of the President's Commission on Budget
Concepts, pg. 25.
\2\ Id.
---------------------------------------------------------------------------
The most significant statutory exception to the cash basis of the
Federal budget is section 504 of FCRA, 2 U.S.C. 661c, which requires
the budgetary treatment of direct loans and loan guarantees provided by
the Government to a non-Federal borrower to be recorded using net
present value. Regardless of the identity of the borrower, however,
requiring that a Federal project or asset be recorded in the budget on
a net present value basis would be inconsistent with 31 U.S.C. 1501,
existing Government-wide guidance, and a cash budget. Therefore, to
``limit Federal participation in a project consistent with the
requirements for the budgetary treatment provided for in section 504 of
[FCRA] and based on the recommendations contained in the [1967
Report],'' as required by Proviso 4 under the WIFIA Program heading in
Public Law 116-94, only non-Federal projects are eligible for WIFIA
loans and loan guarantees.
III. Federal Asset Screening Criteria and Process
The following criteria are published pursuant to Proviso 4 under
the WIFIA Program heading in Public Law 116-94 and apply only to loans
and loan guarantees issued under the Water Infrastructure Finance and
Innovation Act of 2014 (Public Law 113-121, title
[[Page 39190]]
V, subtitle C (33 U.S.C. Chapter 52)). The criteria and procedures
identified in this notice do not apply to any Notices of Funding
Availability (NOFA) published by the WIFIA Program prior to the
publication of this notice. In order to comply with Proviso 7 under the
WIFIA heading in Public Law 116-94, a proposed WIFIA-financed activity
will be evaluated using the two initial screening questions and the
sixteen criteria listed below as a guide. The criteria will be
considered cumulatively and individually when evaluating project
eligibility. In addition to the criteria listed below, the U.S.
Environmental Protection Agency (EPA) and the Office of Management and
Budget (OMB) will consider any additional information that may bear on
the Federal Government's current and future expected involvement in a
WIFIA project. Finally, as required by the Proviso 10 of Public Law
116-94, none of the direct loans or loan guarantee authority made
available under Public Law 116-94 shall be available for any project
unless the Administrator and the Director of OMB have certified in
advance in writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria developed and
published pursuant to Public Law 116-94.
EPA will continue to implement existing elements of the WIFIA
program consistent with prior practice, supplemented by the criteria
and procedures provided in this notice. EPA will publish a NOFA that
will include the Administrator's targeted priorities for each new round
of WIFIA financing and will invite prospective borrowers to submit
letters of interest to EPA. EPA will review those letters for statutory
eligibility and, in coordination with OMB, apply the screening criteria
and procedures provided in the NOFA and this notice to determine
funding eligibility before formally inviting prospective applicants to
apply for WIFIA funding.
Prospective projects will be evaluated by EPA based on the
selection process articulated in each NOFA. EPA will then engage with
OMB to review how the criteria in this notice were applied to the
potential projects. EPA and OMB must reach preliminary agreement that
each of the projects is non-Federal before EPA formally invites such
projects to apply for WIFIA financing.
EPA will also inform OMB of any new information or changes to this
preliminary assessment of the screening questions and criteria listed
below for individual projects that are progressing through the full
WIFIA evaluation process following receipt of complete project
financing applications, and will terminate the process if projects are
determined not to comply with FCRA based on that new information.
EPA and OMB encourage prospective WIFIA Program borrowers to
evaluate the screening questions and criteria in this notice and
provide sufficient information in letters of interest and formal
applications that address any federal asset questions or concerns,
including the type of project seeking WIFIA funding under 33 U.S.C.
3907(b) and whether or not the loan will satisfy EPA's template term
sheet and standard loan agreement provisions.
IV. Initial Federal Asset Screening Questions
A. Is the project, in whole or in part, a project currently
authorized by Congress for the Army Corps of Engineers or Bureau of
Reclamation to construct? \3\
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\3\ A project authorized by an Act of Congress to be built by
the Army Corps of Engineers or Bureau of Reclamation is ineligible
for WIFIA financing. However, a project that may connect to, or be
tangentially related to, such a project, may be eligible depending
on the factual circumstances (e.g., a project to upgrade a water
distribution system that is connected to an Army Corps of Engineers-
or Bureau of Reclamation-constructed water source may be eligible
for WIFIA financing in some circumstances). Furthermore, a project
at a local municipal facility might not be deemed ineligible simply
because it was originally built by the Army Corps of Engineers or
Bureau of Reclamation. Such questions will need to be resolved on a
case-by-case basis.
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B. Is the project, in whole or in part, a local cost share
requirement for an Army Corps of Engineers or Bureau of Reclamation
project? \4\
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\4\ WIFIA authorizes loans to support local cost-sharing
requirements. See 33 U.S.C. 3908(b)(8) (``The proceeds of a secured
loan under this section may be used to pay any non-Federal share of
project costs required if the loan is repayable from non-Federal
funds.''). However, such a loan that would finance a project that is
in whole, or in part, a project authorized by Congress for the Army
Corps of Engineers or the Bureau of Reclamation to construct would
not meet the Federal asset screening process. Project applicants are
encouraged to review all applicable statutory requirements before
seeking WIFIA financing.
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V. Federal Asset Screening Criteria
Structure of the Project
1. To what degree does the Federal Government comprise the WIFIA
project's user base?
2. Does the project involve the use of the Federal Government's
sovereign power (excluding, e.g., National Environmental Policy Act
(NEPA) review)?
3. Does the WIFIA project require the construction or acquisition
of an asset for the special purpose of or use by the Federal
Government?
4. To what degree does the Federal Government direct the
contracting process for the WIFIA project?
5. Is there a specific authority provided to the WIFIA project by
an Act of Congress without which the WIFIA project could not proceed?
6. What is the Federal Government's role in the governance of the
project? In other words, what is the role of the Federal Government in
selecting management or overseeing the project (including, but not
limited to, approval of contract scope and step-in rights, or as a
member of a board of directors), both during construction as well as in
terms of operations and ongoing maintenance?
7. Is this project part of a larger Federally authorized project
(not limited to but consistent with the initial screening criteria) and
if so, does the project under consideration for a loan or loan
guarantee constitute a useful segment--either a planning segment or a
useful asset--as defined in the Capital Programming Guide (supplement
to OMB Circular A-11)?
Financing of the Project
8. Does the Federal Government provide resources for the WIFIA
Federal loan repayment?
9. Will the WIFIA project meet the nonsubordination requirement
provided in 33 U.S.C. 3908(b)(6)?
10. Does the WIFIA project depend on the Federal Government making
other in-kind contributions (land, real estate, right-of-way, etc.)?
11. Is non-Federal financing available for the project?
12. If the project is required to obtain an investment-grade rating
opinion letter, per 33 U.S.C. 3901(4) and 3908(a)(3), to what extent
does the rating opinion letter consider Federal support as a credit
enhancement?
Project Liabilities
13. To what degree will the Federal Government bear funding
liabilities associated with the WIFIA project not otherwise
appropriated by Congress or captured in the loan subsidy?
14. Is the risk to the Federal Government low relative to the
private sector for the financing of the WIFIA project?
15. To what degree does the Federal Government own or is the
Federal Government contractually obligated to complete, maintain, or
repair damage to the WIFIA project?
16. Is the Federal Government liable for unforeseen costs (e.g.,
environmental impacts, damage from natural disasters, or cost overruns)
either before, during,
[[Page 39191]]
or after completion of the WIFIA project?
VI. Certification
The Further Consolidated Appropriations Act, 2020 (Pub. L. 116-94)
requires that the Administrator of EPA, the Secretary of the Treasury,
and the Director of OMB certify that criteria developed for project
eligibility for direct loans and loan guarantees authorized by the
Water Infrastructure Finance and Innovation Act of 2014 are compliant
with the first paragraph found under the ``Water Infrastructure
Financing and Innovation Program Account'' heading in the Further
Consolidated Appropriations Act, 2020. The Administrator, the
Secretary, and the Director certify that the criteria developed meet
the aforementioned requirement.
Andrew Wheeler,
Administrator, Environmental Protection Agency.
Russell Vought,
Acting Director, Office of Management and Budget.
Steven Mnuchin,
Secretary, Department of the Treasury.
[FR Doc. 2020-13889 Filed 6-26-20; 4:15 pm]
BILLING CODE 6560-50-P
