Similarly, 40 CFR 35.3145 requires that the State must also require all recipients of funds which equal the amount of the federal grants to the State to comply with certain other "cross-cutting" federal authorities. Cross-cutting authorities are federal laws and authorities that apply to these projects independent of the federal Water Pollution Act and subsequent amendments.
Since the beginning of this program in FY-89 and continuing through FY-00, the Department has required that all projects receiving loan funding meet federal equivalency and cross-cutter requirements, and has banked the amount of these loan awards in excess of the federal capitalization grants toward meeting equivalency and cross-cutter requirements of future federal capitalization grants. The Department has determined that the amount of loans awarded in excess of the federal capitalization grants through FY-00 should equal or exceed the federal capitalization grants expected for this program from FY-01 and after. Accordingly, the Department has determined that projects funded in FY-01 and after will not be required to meet all federal equivalency and cross-cutter requirements.
These regulations apply to projects that receive loan awards in FY-01 and after. Thus, almost all of these federal equivalency and cross-cutter requirements are excluded from these regulations. However, certain of these requirements have been retained in order to secure a reasonable assurance that the Department funds projects that are environmentally sound, that the loan recipient can construct, operate, and maintain the project and repay the loan, that these public funds are adequately protected and expended only for their intended purpose, and as otherwise required by EPA.
11 Miss. Code. R. 6-6.1