found as a statutory note to 18 U.S.C. § 3006A. It provides as follows:
During fiscal year 1998 and in any fiscal year thereafter, the court, in any criminal *177 case (other than a case in which the defendant is represented by assigned counsel paid for by the public) pending on or after the date of the enactment of this Act [November 26, 1997], may award to a prevailing party, other than the United States, a reasonable attorney's fee and other litigation expenses, where the court finds that the position of the United States was vexatious, frivolous, or in bad faith, unless the court finds that special circumstances make such an award unjust. Such awards shall be granted pursuant to the procedures and limitations (but not the burden ofRiverdale Street. In later applying for a search warrant, an EPA official acknowledged that if RMC owned the sewer under Riverdale Street "the discharge might not enter the town sewer system until it reaches the main sewer connection [Manhole # 2]." That indicates that the EPA was aware of Knott's ownership claim.
Furthermore, counsel for defendants told the government on November 18, 1997 that RMC's wastewater streams were neutralized before reaching the public sewer. At the very least, the government was aware, on December 19, 1997, when Knott escorted government agents on a tour of the RMC facility, of his claimed ownership of Manhole # 1, the sewer line running to Manhole # 2 and Riverdale Street. Moreover, Knott followed up by sending documentation to the prosecutor confirming *180