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(continued)
of the program established in this subsection under regulations
developed by the Secretary. Such agreements shall provide for the
submission of such reports as the Secretary deems necessary, and
for payment by the United States of such portion of the costs
incurred in the administration of the program as the Secretary may
deem appropriate.
(6) The contracts under this subsection shall be entered into
only in areas where the management agency designated under
subsection (c)(1) of this section assures an adequate level of
participation by owners and operators having control of rural land
in such areas. Within such areas the local soil conservation
district, where one exists, together with the Secretary of
Agriculture, will determine the priority of assistance among
individual land owners and operators to assure that the most
critical water quality problems are addressed.
(7) The Secretary, in consultation with the Administrator and
subject to section 1314(k) of this title, shall, not later than
September 30, 1978, promulgate regulations for carrying out this
subsection and for support and cooperation with other Federal and
non-Federal agencies for implementation of this subsection.
(8) This program shall not be used to authorize or finance
projects that would otherwise be eligible for assistance under the
terms of Public Law 83-566 [16 U.S.C. 1001 et seq.].
(9) There are hereby authorized to be appropriated to the
Secretary of Agriculture $200,000,000 for fiscal year 1979,
$400,000,000 for fiscal year 1980, $100,000,000 for fiscal year
1981, $100,000,000 for fiscal year 1982, and such sums as may be
necessary for fiscal years 1983 through 1990, to carry out this
subsection. The program authorized under this subsection shall be
in addition to, and not in substitution of, other programs in such
area authorized by this or any other public law.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 208, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L.
95-217, Secs. 4(e), 31, 32, 33(a), 34, 35, Dec. 27, 1977, 91 Stat.
1566, 1576-1579; Pub. L. 96-483, Sec. 1(d), (e), Oct. 21, 1980, 94
Stat. 2360; Pub. L. 100-4, title I, Sec. 101(d), (e), Feb. 4, 1987,
101 Stat. 9.)

-REFTEXT-
REFERENCES IN TEXT
Public Law 83-566, referred to in subsec. (j)(8), is act Aug. 4,
1954, ch. 656, 68 Stat. 666, as amended, known as the Watershed
Protection and Flood Prevention Act, which is classified generally
to chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see Short Title
note set out under section 1001 of Title 16 and Tables.


-MISC1-
AMENDMENTS
1987 - Subsec. (f)(3). Pub. L. 100-4, Sec. 101(d), struck out
"and" after "1974," and "1980," and inserted ", and such sums as
may be necessary for fiscal years 1983 through 1990" after "1982".
Subsec. (j)(9). Pub. L. 100-4, Sec. 101(e), struck out "and"
after "1981," and inserted "and such sums as may be necessary for
fiscal years 1983 through 1990," after "1982,".
1980 - Subsec. (f)(3). Pub. L. 96-483, Sec. 1(d), inserted
authorization of not to exceed $100,000,000 per fiscal year for
fiscal years ending Sept. 30, 1981 and 1982.
Subsec. (j)(9). Pub. L. 96-483, Sec. 1(e), inserted reference to
authorization of $100,000,000 for each of fiscal years 1981 and
1982.
1977 - Subsec. (b)(1). Pub. L. 95-217, Sec. 31(a), designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 32, inserted ", and an
identification of open space and recreation opportunities that can
be expected to result from improved water quality, including
consideration of potential use of lands associated with treatment
works and increased access to water-based recreation" after
"development of such treatment works".
Subsec. (b)(2)(F). Pub. L. 95-217, Sec. 33(a), substituted
"sources of pollution, including return flows from irrigated
agriculture, and their cumulative effects," for "sources of
pollution, including".
Subsec. (b)(4). Pub. L. 95-217, Sec. 34(a), designated existing
provisions as subpar. (A), substituted "to the Administrator for
approval for application to a class or category of activity
throughout such State" for "to the Administrator for application to
all regions within such State", and added subpars. (B) to (D).
Subsec. (f)(2). Pub. L. 95-217, Sec. 31(b), substituted "For the
two-year period beginning on the date the first grant is made under
paragraph (1) of this subsection to an agency, if such first grant
is made before October 1, 1977, the amount of each such grant to
such agency shall be 100 per centum of the costs of developing and
operating a continuing areawide waste treatment management planning
process under subsection (b) of this section, and thereafter the
amount granted to such agency shall not exceed 75 per centum of
such costs in each succeeding one-year period" for "The amount
granted to any agency under paragraph (1) of this subsection shall
be 100 per centum of the costs of developing and operating a
continuing areawide waste treatment management planning process
under subsection (b) of this section for each of the fiscal years
ending on June 30, 1973, June 30, 1974, and June 30, 1975, and
shall not exceed 75 per centum of such costs in each succeeding
fiscal year" and inserted "In the case of any other grant made to
an agency under such paragraph (1) of this subsection, the amount
of such grant shall not exceed 75 per centum of the costs of
developing and operating a continuing areawide waste treatment
management planning process in any year."
Subsec. (f)(3). Pub. L. 95-217, Secs. 4(e), 31(c), substituted
"and not to exceed $150,000,000 per fiscal year for the fiscal
years ending June 30, 1975, September 30, 1977, September 30, 1978,
September 30, 1979, and September 30, 1980" for "and not to exceed
$150,000,000 for the fiscal year ending June 30, 1975" and inserted
"subject to such amounts as are provided in appropriation Acts"
after "contractual obligation of the United States for the payment
of its contribution to such proposal".
Subsec. (i). Pub. L. 95-217, Sec. 34(b), added subsec. (i).
Subsec. (j). Pub. L. 95-217, Sec. 35, added subsec. (j).


-TRANS-
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in
Department of Agriculture, insofar as they involve lands and
programs under jurisdiction of that Department, relating to
compliance with this chapter with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas were transferred to the Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of the date of
initial operation of the Alaska Natural Gas Transportation System,
see Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663,
33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the
Appendix to Title 5, Government Organization and Employees. Office
of Federal Inspector for the Alaska Natural Gas Transportation
System abolished and functions and authority vested in Inspector
transferred to Secretary of Energy by section 3012(b) of Pub. L.
102-486, set out as an Abolition of Office of Federal Inspector
note under section 719e of Title 15, Commerce and Trade.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1252, 1284, 1285, 1287,
1289, 1313, 1314, 1329, 1344, 1362, 1375, 1376, 1383 of this title;
title 16 section 1455b; title 26 section 126; title 42 sections
300h-6, 6946, 7412.

-FOOTNOTE-
(!1) So in original. Probably should be "designated".


-End-



-CITE-
33 USC Sec. 1289 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1289. Basin planning

-STATUTE-
(a) Preparation of Level B plans
The President, acting through the Water Resources Council, shall,
as soon as practicable, prepare a Level B plan under the Water
Resources Planning Act [42 U.S.C. 1962 et seq.] for all basins in
the United States. All such plans shall be completed not later than
January 1, 1980, except that priority in the preparation of such
plans shall be given to those basins and portions thereof which are
within those areas designated under paragraphs (2), (3), and (4) of
subsection (a) of section 1288 of this title.
(b) Reporting requirements
The President, acting through the Water Resources Council, shall
report annually to Congress on progress being made in carrying out
this section. The first such report shall be submitted not later
than January 31, 1973.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section
not to exceed $200,000,000.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 209, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 843.)

-REFTEXT-
REFERENCES IN TEXT
The Water Resources Planning Act, referred to in subsec. (a), is
Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is
classified generally to chapter 19B (Sec. 1962 et seq.) of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section
1962 of Title 42 and Tables.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1287, 1313, 1375, 1376 of
this title.

-End-



-CITE-
33 USC Sec. 1290 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1290. Annual survey

-STATUTE-
The Administrator shall annually make a survey to determine the
efficiency of the operation and maintenance of treatment works
constructed with grants made under this chapter, as compared to the
efficiency planned at the time the grant was made. The results of
such annual survey shall be included in the report required under
section 1375(a) of this title.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 210, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L.
105-362, title V, Sec. 501(d)(2)(D), Nov. 10, 1998, 112 Stat. 3284;
Pub. L. 107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116
Stat. 2361.)


-MISC1-
AMENDMENTS
2002 - Pub. L. 107-303 repealed Pub. L. 105-362, Sec.
501(d)(2)(D). See 1998 Amendment note below.
1998 - Pub. L. 105-362, Sec. 501(d)(2)(D), which directed the
substitution of "shall be reported to Congress not later than 90
days after the date of convening of each session of Congress" for
"shall be included in the report required under section 1375(a) of
this title", was repealed by Pub. L. 107-303. See Effective Date of
2002 Amendment note below.

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
administered on and after Nov. 27, 2002, as if amendments made by
section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
section 302(b) of Pub. L. 107-303, set out as a note under section
1254 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1375 of this title.

-End-



-CITE-
33 USC Sec. 1291 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1291. Sewage collection systems

-STATUTE-
(a) Existing and new systems
No grant shall be made for a sewage collection system under this
subchapter unless such grant (1) is for replacement or major
rehabilitation of an existing collection system and is necessary to
the total integrity and performance of the waste treatment works
servicing such community, or (2) is for a new collection system in
an existing community with sufficient existing or planned capacity
adequately to treat such collected sewage and is consistent with
section 1281 of this title.
(b) Use of population density as test
If the Administrator uses population density as a test for
determining the eligibility of a collector sewer for assistance it
shall be only for the purpose of evaluating alternatives and
determining the needs for such system in relation to ground or
surface water quality impact.
(c) Pollutant discharges from separate storm sewer systems
No grant shall be made under this subchapter from funds
authorized for any fiscal year during the period beginning October
1, 1977, and ending September 30, 1990, for treatment works for
control of pollutant discharges from separate storm sewer systems.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 211, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L.
95-217, Sec. 36, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97-117, Sec.
2(b), Dec. 29, 1981, 95 Stat. 1623; Pub. L. 100-4, title II, Sec.
206(d), Feb. 4, 1987, 101 Stat. 20.)


-MISC1-
AMENDMENTS
1987 - Subsec. (c). Pub. L. 100-4 substituted "1990" for "1985".
1981 - Subsec. (c). Pub. L. 97-117 substituted "September 30,
1985" for "September 30, 1982".
1977 - Pub. L. 95-217 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1382 of this title.

-End-



-CITE-
33 USC Sec. 1292 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1292. Definitions

-STATUTE-
As used in this subchapter -
(1) The term "construction" means any one or more of the
following: preliminary planning to determine the feasibility of
treatment works, engineering, architectural, legal, fiscal, or
economic investigations or studies, surveys, designs, plans,
working drawings, specifications, procedures, field testing of
innovative or alternative waste water treatment processes and
techniques meeting guidelines promulgated under section 1314(d)(3)
of this title, or other necessary actions, erection, building,
acquisition, alteration, remodeling, improvement, or extension of
treatment works, or the inspection or supervision of any of the
foregoing items.
(2)(A) The term "treatment works" means any devices and systems
used in the storage, treatment, recycling, and reclamation of
municipal sewage or industrial wastes of a liquid nature to
implement section 1281 of this title, or necessary to recycle or
reuse water at the most economical cost over the estimated life of
the works, including intercepting sewers, outfall sewers, sewage
collection systems, pumping, power, and other equipment, and their
appurtenances; extensions, improvements, remodeling, additions, and
alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clear well
facilities; and any works, including site acquisition of the land
that will be an integral part of the treatment process (including
land used for the storage of treated wastewater in land treatment
systems prior to land application) or is used for ultimate disposal
of residues resulting from such treatment.
(B) In addition to the definition contained in subparagraph (A)
of this paragraph, "treatment works" means any other method or
system for preventing, abating, reducing, storing, treating,
separating, or disposing of municipal waste, including storm water
runoff, or industrial waste, including waste in combined storm
water and sanitary sewer systems. Any application for construction
grants which includes wholly or in part such methods or systems
shall, in accordance with guidelines published by the Administrator
pursuant to subparagraph (C) of this paragraph, contain adequate
data and analysis demonstrating such proposal to be, over the life
of such works, the most cost efficient alternative to comply with
sections 1311 or 1312 of this title, or the requirements of section
1281 of this title.
(C) For the purposes of subparagraph (B) of this paragraph, the
Administrator shall, within one hundred and eighty days after
October 18, 1972, publish and thereafter revise no less often than
annually, guidelines for the evaluation of methods, including
cost-effective analysis, described in subparagraph (B) of this
paragraph.
(3) The term "replacement" as used in this subchapter means those
expenditures for obtaining and installing equipment, accessories,
or appurtenances during the useful life of the treatment works
necessary to maintain the capacity and performance for which such
works are designed and constructed.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 212, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L.
95-217, Sec. 37, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97-117, Sec.
8(d), Dec. 29, 1981, 95 Stat. 1626.)


-MISC1-
AMENDMENTS
1981 - Par. (1). Pub. L. 97-117 inserted "field testing of
innovative or alternative waste water treatment processes and
techniques meeting guidelines promulgated under section 1314(d)(3)
of this title," after "procedures,".
1977 - Par. (2)(A). Pub. L. 95-217 inserted "(including land used
for the storage of treated wastewater in land treatment systems
prior to land application)" after "integral part of the treatment
process".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1281, 1285, 1317, 1342,
1345, 1375, 1381, 1383, 1414b of this title; title 26 section 7701.

-End-



-CITE-
33 USC Sec. 1293 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1293. Loan guarantees

-STATUTE-
(a) State or local obligations issued exclusively to Federal
Financing Bank for publicly owned treatment works; determination
of eligibility of project by Administrator
Subject to the conditions of this section and to such terms and
conditions as the Administrator determines to be necessary to carry
out the purposes of this subchapter, the Administrator is
authorized to guarantee, and to make commitments to guarantee, the
principal and interest (including interest accruing between the
date of default and the date of the payment in full of the
guarantee) of any loan, obligation, or participation therein of any
State, municipality, or intermunicipal or interstate agency issued
directly and exclusively to the Federal Financing Bank to finance
that part of the cost of any grant-eligible project for the
construction of publicly owned treatment works not paid for with
Federal financial assistance under this subchapter (other than this
section), which project the Administrator has determined to be
eligible for such financial assistance under this subchapter,
including, but not limited to, projects eligible for reimbursement
under section 1286 of this title.
(b) Conditions for issuance
No guarantee, or commitment to make a guarantee, may be made
pursuant to this section -
(1) unless the Administrator certifies that the issuing body is
unable to obtain on reasonable terms sufficient credit to finance
its actual needs without such guarantee; and
(2) unless the Administrator determines that there is a
reasonable assurance of repayment of the loan, obligation, or
participation therein.

A determination of whether financing is available at reasonable
rates shall be made by the Secretary of the Treasury with
relationship to the current average yield on outstanding marketable
obligations of municipalities of comparable maturity.
(c) Fees for application investigation and issuance of commitment
guarantee
The Administrator is authorized to charge reasonable fees for the
investigation of an application for a guarantee and for the
issuance of a commitment to make a guarantee.
(d) Commitment for repayment
The Administrator, in determining whether there is a reasonable
assurance of repayment, may require a commitment which would apply
to such repayment. Such commitment may include, but not be limited
to, any funds received by such grantee from the amounts
appropriated under section 1286 of this title.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 213, as added Pub. L.
94-558, Oct. 19, 1976, 90 Stat. 2639; amended Pub. L. 96-483, Sec.
2(e), Oct. 21, 1980, 94 Stat. 2361.)


-MISC1-
AMENDMENTS
1980 - Subsec. (d). Pub. L. 96-483 struck out "(1) all or any
portion of the funds retained by such grantee under section
1284(b)(3) of this title, and (2)" after "limited to".

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-483 effective Dec. 27, 1977, see section
2(g) of Pub. L. 96-483, set out as a note under section 1281 of
this title.

-End-



-CITE-
33 USC Sec. 1293a 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1293a. Contained spoil disposal facilities

-STATUTE-
(a) Construction, operation, and maintenance; period; conditions;
requirements
The Secretary of the Army, acting through the Chief of Engineers,
is authorized to construct, operate, and maintain, subject to the
provisions of subsection (c) of this section, contained spoil
disposal facilities of sufficient capacity for a period not to
exceed ten years, to meet the requirements of this section. Before
establishing each such facility, the Secretary of the Army shall
obtain the concurrence of appropriate local governments and shall
consider the views and recommendations of the Administrator of the
Environmental Protection Agency and shall comply with requirements
of section 1171 of this title, and of the National Environmental
Policy Act of 1969 [42 U.S.C. 4321 et seq.]. Section 401 of this
title shall not apply to any facility authorized by this section.
(b) Time for establishment; consideration of area needs;
requirements
The Secretary of the Army, acting through the Chief of Engineers,
shall establish the contained spoil disposal facilities authorized
in subsection (a) of this section at the earliest practicable date,
taking into consideration the views and recommendations of the
Administrator of the Environmental Protection Agency as to those
areas which, in the Administrator's judgment, are most urgently in
need of such facilities and pursuant to the requirements of the
National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]
and the Federal Water Pollution Control Act [33 U.S.C. 1251 et
seq.].
(c) Written agreement requirement; terms of agreement
Prior to construction of any such facility, the appropriate State
or States, interstate agency, municipality, or other appropriate
political subdivision of the State shall agree in writing to (1)
furnish all lands, easements, and rights-of-way necessary for the
construction, operation, and maintenance of the facility; (2)
contribute to the United States 25 per centum of the construction
costs, such amount to be payable either in cash prior to
construction, in installments during construction, or in
installments, with interest at a rate to be determined by the
Secretary of the Treasury, as of the beginning of the fiscal year
in which construction is initiated, on the basis of the computed
average interest rate payable by the Treasury upon its outstanding
marketable public obligations, which are neither due or callable
for redemption for fifteen years from date of issue; (3) hold and
save the United States free from damages due to construction,
operation, and maintenance of the facility; and (4) except as
provided in subsection (f) of this section, maintain the facility
after completion of its use for disposal purposes in a manner
satisfactory to the Secretary of the Army.
(d) Waiver of construction costs contribution from non-Federal
interests; findings of participation in waste treatment
facilities for general geographical area and compliance with
water quality standards; waiver of payments in event of written
agreement before occurrence of findings
The requirement for appropriate non-Federal interest or interests
to furnish an agreement to contribute 25 per centum of the
construction costs as set forth in subsection (c) of this section
shall be waived by the Secretary of the Army upon a finding by the
Administrator of the Environmental Protection Agency that for the
area to which such construction applies, the State or States
involved, interstate agency, municipality, and other appropriate
political subdivision of the State and industrial concerns are
participating in and in compliance with an approved plan for the
general geographical area of the dredging activity for
construction, modification, expansion, or rehabilitation of waste
treatment facilities and the Administrator has found that
applicable water quality standards are not being violated. In the
event such findings occur after the appropriate non-Federal
interest or interests have entered into the agreement required by
subsection (c) of this section, any payments due after the date of
such findings as part of the required local contribution of 25 per
centum of the construction costs shall be waived by the Secretary
of the Army.
(e) Federal payment of costs for disposal of dredged spoil from
project
Notwithstanding any other provision of law, all costs of disposal
of dredged spoil from the project for the Great Lakes connecting
channels, Michigan, shall be borne by the United States.
(f) Title to lands, easements, and rights-of-way; retention by
non-Federal interests; conveyance of facilities; agreement of
transferee
The participating non-Federal interest or interests shall retain
title to all lands, easements, and rights-of-way furnished by it
pursuant to subsection (c) of this section. A spoil disposal
facility owned by a non-Federal interest or interests may be
conveyed to another party only after completion of the facility's
use for disposal purposes and after the transferee agrees in
writing to use or maintain the facility in a manner which the
Secretary of the Army determines to be satisfactory.
(g) Federal licenses or permits; charges; remission of charge
Any spoil disposal facilities constructed under the provisions of
this section shall be made available to Federal licensees or
permittees upon payment of an appropriate charge for such use.
Twenty-five per centum of such charge shall be remitted to the
participating non-Federal interest or interests except for those
excused from contributing to the construction costs under
subsections (d) and (e) of this section.
(h) Provisions applicable to Great Lakes and their connecting
channels
This section, other than subsection (i), shall be applicable only
to the Great Lakes and their connecting channels.
(i) Research, study, and experimentation program relating to
dredged spoil extended to navigable waters, etc.; cooperative
program; scope of program; utilization of facilities and
personnel of Federal agency
The Chief of Engineers, under the direction of the Secretary of
the Army, is hereby authorized to extend to all navigable waters,
connecting channels, tributary streams, other waters of the United
States and waters contiguous to the United States, a comprehensive
program of research, study, and experimentation relating to dredged
spoil. This program shall be carried out in cooperation with other
Federal and State agencies, and shall include, but not be limited
to, investigations on the characteristics of dredged spoil, and
alternative methods of its disposal. To the extent that such study
shall include the effects of such dredge spoil on water quality,
the facilities and personnel of the Environmental Protection Agency
shall be utilized.
(j) Period for depositing dredged materials
The Secretary of the Army, acting through the Chief of Engineers,
is authorized to continue to deposit dredged materials into a
contained spoil disposal facility constructed under this section
until the Secretary determines that such facility is no longer
needed for such purpose or that such facility is completely full.
(k) Study and monitoring program
(1) Study
The Secretary of the Army, acting through the Chief of
Engineers, shall conduct a study of the materials disposed of in
contained spoil disposal facilities constructed under this
section for the purpose of determining whether or not toxic
pollutants are present in such facilities and for the purpose of
determining the concentration levels of each of such pollutants
in such facilities.
(2) Report
Not later than 1 year after November 17, 1988, the Secretary
shall transmit to Congress a report on the results of the study
conducted under paragraph (1).
(3) Inspection and monitoring program
The Secretary shall conduct a program to inspect and monitor
contained spoil disposal facilities constructed under this
section for the purpose of determining whether or not toxic
pollutants are leaking from such facilities.
(4) Toxic pollutant defined
For purposes of this subsection, the term "toxic pollutant"
means those toxic pollutants referred to in section 1311(b)(2)(C)
and 1311(b)(2)(D) of this title and such other pollutants as the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, determines are appropriate based
on their effects on human health and the environment.

-SOURCE-
(Pub. L. 91-611, title I, Sec. 123, Dec. 31, 1970, 84 Stat. 1823;
Pub. L. 93-251, title I, Sec. 23, Mar. 7, 1974, 88 Stat. 20; Pub.
L. 100-676, Sec. 24, Nov. 17, 1988, 102 Stat. 4027.)

-REFTEXT-
REFERENCES IN TEXT
Section 1171 of this title, referred to in subsec. (a), was
omitted as superseded.
The National Environmental Policy Act of 1969, referred to in
subsecs. (a) and (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat.
852, as amended, which is classified generally to chapter 55 (Sec.
4321 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title
note set out under section 4321 of Title 42 and Tables.
The Federal Water Pollution Control Act, referred to in subsec.
(b), is act June 30, 1948, ch. 758, as amended generally by Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to this chapter (Sec. 1251 et seq.). For complete
classification of this Act to the Code, see Short Title note set
out under section 1251 of this title and Tables.

-COD-
CODIFICATION
Section was formerly classified to section 1165a of this title.
Section was not enacted as a part of the Federal Water Pollution
Control Act which comprises this chapter.


-MISC1-
AMENDMENTS
1988 - Subsec. (j). Pub. L. 100-676, Sec. 24(a), added subsec.
(j).
Subsec. (k). Pub. L. 100-676, Sec. 24(b), added subsec. (k).
1974 - Subsec. (d). Pub. L. 93-251 inserted provision for waiver
of payments in event of a written agreement before occurrence of
findings.

GREAT LAKES CONFINED DISPOSAL FACILITIES
Pub. L. 104-303, title V, Sec. 513, Oct. 12, 1996, 110 Stat.
3762, provided that:
"(a) Assessment. - Pursuant to the responsibilities of the
Secretary under section 123 of the River and Harbor Act of 1970 (33
U.S.C. 1293a), the Secretary shall conduct an assessment of the
general conditions of confined disposal facilities in the Great
Lakes.
"(b) Report. - Not later than 3 years after the date of the
enactment of this Act [Oct. 12, 1996], the Secretary shall transmit
to Congress a report on the results of the assessment conducted
under subsection (a), including the following:
"(1) A description of the cumulative effects of confined
disposal facilities in the Great Lakes.
"(2) Recommendations for specific remediation actions for each
confined disposal facility in the Great Lakes.
"(3) An evaluation of, and recommendations for, confined
disposal facility management practices and technologies to
conserve capacity at such facilities and to minimize adverse
environmental effects at such facilities throughout the Great
Lakes system."

-End-



-CITE-
33 USC Sec. 1294 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1294. Public information and education on recycling and reuse
of wastewater, use of land treatment, and reduction of wastewater
volume

-STATUTE-
The Administrator shall develop and operate within one year of
December 27, 1977, a continuing program of public information and
education on recycling and reuse of wastewater (including sludge),
the use of land treatment, and methods for the reduction of
wastewater volume.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 214, as added Pub. L.
95-217, Sec. 38, Dec. 27, 1977, 91 Stat. 1581.)

-End-



-CITE-
33 USC Sec. 1295 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1295. Requirements for American materials

-STATUTE-
Notwithstanding any other provision of law, no grant for which
application is made after February 1, 1978, shall be made under
this subchapter for any treatment works unless only such
unmanufactured articles, materials, and supplies as have been mined
or produced in the United States, and only such manufactured
articles, materials, and supplies as have been manufactured in the
United States, substantially all from articles, materials, or
supplies mined, produced, or manufactured, as the case may be, in
the United States will be used in such treatment works. This
section shall not apply in any case where the Administrator
determines, based upon those factors the Administrator deems
relevant, including the available resources of the agency, it to be
inconsistent with the public interest (including multilateral
government procurement agreements) or the cost to be unreasonable,
or if articles, materials, or supplies of the class or kind to be
used or the articles, materials, or supplies from which they are
manufactured are not mined, produced, or manufactured, as the case
may be, in the United States in sufficient and reasonably available
commercial quantities and of a satisfactory quality.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 215, as added Pub. L.
95-217, Sec. 39, Dec. 27, 1977, 91 Stat. 1581.)

-End-



-CITE-
33 USC Sec. 1296 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1296. Determination of priority of projects

-STATUTE-
Notwithstanding any other provision of this chapter, the
determination of the priority to be given each category of projects
for construction of publicly owned treatment works within each
State shall be made solely by that State, except that if the
Administrator, after a public hearing, determines that a specific
project will not result in compliance with the enforceable
requirements of this chapter, such project shall be removed from
the State's priority list and such State shall submit a revised
priority list. These categories shall include, but not be limited
to (A) secondary treatment, (B) more stringent treatment, (C)
infiltration-in-flow correction, (D) major sewer system
rehabilitation, (E) new collector sewers and appurtenances, (F) new
interceptors and appurtenances, and (G) correction of combined
sewer overflows. Not less than 25 per centum of funds allocated to
a State in any fiscal year under this subchapter for construction
of publicly owned treatment works in such State shall be obligated
for those types of projects referred to in clauses (D), (E), (F),
and (G) of this section, if such projects are on such State's
priority list for that year and are otherwise eligible for funding
in that fiscal year. It is the policy of Congress that projects for
wastewater treatment and management undertaken with Federal
financial assistance under this chapter by any State, municipality,
or intermunicipal or interstate agency shall be projects which, in
the estimation of the State, are designed to achieve optimum water
quality management, consistent with the public health and water
quality goals and requirements of this chapter.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 216, as added Pub. L.
95-217, Sec. 40, Dec. 27, 1977, 91 Stat. 1582; amended Pub. L.
97-117, Sec. 18, Dec. 29, 1981, 95 Stat. 1630.)


-MISC1-
AMENDMENTS
1981 - Pub. L. 97-117 inserted provision that it is the policy of
Congress that projects for wastewater treatment and management
undertaken with Federal financial assistance under this chapter by
any State, municipality, or intermunicipal or interstate agency be
projects which, in the estimation of the State, are designed to
achieve optimum water quality management, consistent with the
public health and water quality goals and requirements of this
chapter.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1377, 1383, 1386 of this
title.

-End-



-CITE-
33 USC Sec. 1297 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1297. Guidelines for cost-effectiveness analysis

-STATUTE-
Any guidelines for cost-effectiveness analysis published by the
Administrator under this subchapter shall provide for the
identification and selection of cost effective alternatives to
comply with the objectives and goals of this chapter and sections
1281(b), 1281(d), 1281(g)(2)(A), and 1311(b)(2)(B) of this title.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 217, as added Pub. L.
95-217, Sec. 41, Dec. 27, 1977, 91 Stat. 1582.)

-End-



-CITE-
33 USC Sec. 1298 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1298. Cost effectiveness

-STATUTE-
(a) Congressional statement of policy
It is the policy of Congress that a project for waste treatment
and management undertaken with Federal financial assistance under
this chapter by any State, municipality, or intermunicipal or
interstate agency shall be considered as an overall waste treatment
system for waste treatment and management, and shall be that system
which constitutes the most economical and cost-effective
combination of devices and systems used in the storage, treatment,
recycling, and reclamation of municipal sewage or industrial wastes
of a liquid nature to implement section 1281 of this title, or
necessary to recycle or reuse water at the most economical cost
over the estimated life of the works, including intercepting
sewers, outfall sewers, sewage collection systems, pumping power,
and other equipment, and their appurtenances; extension,
improvements, remodeling, additions, and alterations thereof;
elements essential to provide a reliable recycled supply such as
standby treatment units and clear well facilities; and any works,
including site acquisition of the land that will be an integral
part of the treatment process (including land use for the storage
of treated wastewater in land treatment systems prior to land
application) or which is used for ultimate disposal of residues
resulting from such treatment; water efficiency measures and
devices; and any other method or system for preventing, abating,
reducing, storing, treating, separating, or disposing of municipal
waste, including storm water runoff, or industrial waste, including
waste in combined storm water and sanitary sewer systems; to meet
the requirements of this chapter.
(b) Determination by Administrator as prerequisite to approval of
grant
In accordance with the policy set forth in subsection (a) of this
section, before the Administrator approves any grant to any State,
municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling,
improvement, or extension of any treatment works the Administrator
shall determine that the facilities plan of which such treatment
works are a part constitutes the most economical and cost-effective
combination of treatment works over the life of the project to meet
the requirements of this chapter, including, but not limited to,
consideration of construction costs, operation, maintenance, and
replacement costs.
(c) Value engineering review
In furtherance of the policy set forth in subsection (a) of this
section, the Administrator shall require value engineering review
in connection with any treatment works, prior to approval of any
grant for the erection, building, acquisition, alteration,
remodeling, improvement, or extension of such treatment works, in
any case in which the cost of such erection, building, acquisition,
alteration, remodeling, improvement, or extension is projected to
be in excess of $10,000,000. For purposes of this subsection, the
term "value engineering review" means a specialized cost control
technique which uses a systematic and creative approach to identify
and to focus on unnecessarily high cost in a project in order to
arrive at a cost saving without sacrificing the reliability or
efficiency of the project.
(d) Projects affected
This section applies to projects for waste treatment and
management for which no treatment works including a facilities plan
for such project have received Federal financial assistance for the
preparation of construction plans and specifications under this
chapter before December 29, 1981.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 218, as added Pub. L.
97-117, Sec. 19, Dec. 29, 1981, 95 Stat. 1630.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1382 of this title.

-End-



-CITE-
33 USC Sec. 1299 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1299. State certification of projects

-STATUTE-
Whenever the Governor of a State which has been delegated
sufficient authority to administer the construction grant program
under this subchapter in that State certifies to the Administrator
that a grant application meets applicable requirements of Federal
and State law for assistance under this subchapter, the
Administrator shall approve or disapprove such application within
45 days of the date of receipt of such application. If the
Administrator does not approve or disapprove such application
within 45 days of receipt, the application shall be deemed
approved. If the Administrator disapproves such application the
Administrator shall state in writing the reasons for such
disapproval. Any grant approved or deemed approved under this
section shall be subject to amounts provided in appropriation Acts.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 219, as added Pub. L.
97-117, Sec. 20, Dec. 29, 1981, 95 Stat. 1631.)

-End-



-CITE-
33 USC Sec. 1300 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-
Sec. 1300. Pilot program for alternative water source projects

-STATUTE-
(a) Policy
Nothing in this section shall be construed to affect the
application of section 1251(g) of this title and all of the
provisions of this section shall be carried out in accordance with
the provisions of section 1251(g) of this title.
(b) In general
The Administrator may establish a pilot program to make grants to
State, interstate, and intrastate water resource development
agencies (including water management districts and water supply
authorities), local government agencies, private utilities, and
nonprofit entities for alternative water source projects to meet
critical water supply needs.
(c) Eligible entity
The Administrator may make grants under this section to an entity
only if the entity has authority under State law to develop or
provide water for municipal, industrial, and agricultural uses in
an area of the State that is experiencing critical water supply
needs.
(d) Selection of projects
(1) Limitation
A project that has received funds under the reclamation and
reuse program conducted under the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.)
shall not be eligible for grant assistance under this section.
(2) Additional consideration
In making grants under this section, the Administrator shall
consider whether the project is located within the boundaries of
a State or area referred to in section 391 of title 43, and
within the geographic scope of the reclamation and reuse program
conducted under the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. 390h et seq.). (continued)