123STA T . 2 9 3 7PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Act, t helim it a ti on on the amo u nt s ina S tate w ate rp ollution control re v olvin gf un d that ma yb e used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 201 0 and prior years where such amounts represent costs of administering the fund to the e x tent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including adminis - tration
- Provide
d fu r th er ,T hat for fiscal year 2010, and notwith- standing section 5 1 8( f ) of the Act, the Administrator is authori z ed to use the amounts appropriated for any fiscal year under section 3 1 9 of that Act to ma k e grants to federally recognized I ndian tribes pursuant to sections 319(h) and 518(e) of that Act: Provided further, That for fiscal year 2010, notwithstanding the limitation on amounts in section 518(c) of the F ederal W ater P ollution C ontrol Act and section 1 4 52(i) of the Safe D rinking Water Act, up to a total of 2 percent of the funds appropriated for State R evolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further, That for fiscal year 2010, in addition to the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1 . 248 6 percent of the funds appropriated for the Clean Water State Revolving Fund program under the Act may be reserved by the Administrator for grants made under title II of the Clean Water Act for American Samoa, G uam, the Common- wealth of the N orthern M arianas, and U nited States V irgin Islands: Provided further, That for fiscal year 2010, notwithstanding the limitations on amounts specified in section 1452( j ) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further, That not less than 30 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and not less than 30 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipi- ents in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), except that for the Clean Water State Revolving Fund capitalization grant appropriation this section shall only apply to the portion that exceeds $ 1,000,000,000: Provided further, That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastruc- ture needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or munic- ipal government unless that government has established an enforce- able local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure. Ap p licab ili ty.N ati ve A m e r ica ns .
