§ 1386. — Audits, reports, and fiscal controls; intended use plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1386]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
Sec. 1386. Audits, reports, and fiscal controls; intended use
plan
(a) Fiscal control and auditing procedures
Each State electing to establish a water pollution control revolving
fund under this subchapter shall establish fiscal controls and
accounting procedures sufficient to assure proper accounting during
appropriate accounting periods for--
(1) payments received by the fund;
(2) disbursements made by the fund; and
(3) fund balances at the beginning and end of the accounting
period.
(b) Annual Federal audits
The Administrator shall, at least on an annual basis, conduct or
require each State to have independently conducted reviews and audits as
may be deemed necessary or appropriate by the Administrator to carry out
the objectives of this section. Audits of the use of funds deposited in
the water pollution revolving fund established by such State shall be
conducted in accordance with the auditing procedures of the General
Accounting Office, including chapter 75 of title 31.
(c) Intended use plan
After providing for public comment and review, each State shall
annually prepare a plan identifying the intended uses of the amounts
available to its water pollution control revolving fund. Such intended
use plan shall include, but not be limited to--
(1) a list of those projects for construction of publicly owned
treatment works on the State's priority list developed pursuant to
section 1296 of this title and a list of activities eligible for
assistance under sections 1329 and 1330 of this title;
(2) a description of the short- and long-term goals and
objectives of its water pollution control revolving fund;
(3) information on the activities to be supported, including a
description of project categories, discharge requirements under
subchapters III and IV of this chapter, terms of financial
assistance, and communities served;
(4) assurances and specific proposals for meeting the
requirements of paragraphs (3), (4), (5), and (6) of section 1382(b)
of this title; and
(5) the criteria and method established for the distribution of
funds.
(d) Annual report
Beginning the first fiscal year after the receipt of payments under
this subchapter, the State shall provide an annual report to the
Administrator describing how the State has met the goals and objectives
for the previous fiscal year as identified in the plan prepared for the
previous fiscal year pursuant to subsection (c) of this section,
including identification of loan recipients, loan amounts, and loan
terms and similar details on other forms of financial assistance
provided from the water pollution control revolving fund.
(e) Annual Federal oversight review
The Administrator shall conduct an annual oversight review of each
State plan prepared under subsection (c) of this section, each State
report prepared under subsection (d) of this section, and other such
materials as are considered necessary and appropriate in carrying out
the purposes of this subchapter. After reasonable notice by the
Administrator to the State or the recipient of a loan from a water
pollution control revolving fund, the State or loan recipient shall make
available to the Administrator such records as the Administrator
reasonably requires to review and determine compliance with this
subchapter.
(f) Applicability of subchapter II provisions
Except to the extent provided in this subchapter, the provisions of
subchapter II of this chapter shall not apply to grants under this
subchapter.
(June 30, 1948, ch. 758, title VI, Sec. 606, as added Pub. L. 100-4,
title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 25.)
Section Referred to in Other Sections
This section is referred to in sections 1301, 1381, 1382 of this
title.
