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(continued) ist.
(h) Eligibility of non-Federal share of construction grant projects
A State water pollution control revolving fund may provide
assistance (other than under subsection (d)(1) of this section) to
a municipality or intermunicipal or interstate agency with respect
to the non-Federal share of the costs of a treatment works project
for which such municipality or agency is receiving assistance from
the Administrator under any other authority only if such assistance
is necessary to allow such project to proceed.

-SOURCE-
(June 30, 1948, ch. 758, title VI, Sec. 603, as added Pub. L.
100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 23.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1301, 1382 of this title.

-End-



-CITE-
33 USC Sec. 1384 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-
Sec. 1384. Allotment of funds

-STATUTE-
(a) Formula
Sums authorized to be appropriated to carry out this section for
each of fiscal years 1989 and 1990 shall be allotted by the
Administrator in accordance with section 1285(c) of this title.
(b) Reservation of funds for planning
Each State shall reserve each fiscal year 1 percent of the sums
allotted to such State under this section for such fiscal year, or
$100,000, whichever amount is greater, to carry out planning under
sections 1285(j) and 1313(e) of this title.
(c) Allotment period
(1) Period of availability for grant award
Sums allotted to a State under this section for a fiscal year
shall be available for obligation by the State during the fiscal
year for which sums are authorized and during the following
fiscal year.
(2) Reallotment of unobligated funds
The amount of any allotment not obligated by the State by the
last day of the 2-year period of availability established by
paragraph (1) shall be immediately reallotted by the
Administrator on the basis of the same ratio as is applicable to
sums allotted under subchapter II of this chapter for the second
fiscal year of such 2-year period. None of the funds reallotted
by the Administrator shall be reallotted to any State which has
not obligated all sums allotted to such State in the first fiscal
year of such 2-year period.

-SOURCE-
(June 30, 1948, ch. 758, title VI, Sec. 604, as added Pub. L.
100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 25.)


-MISC1-
USE OF CAPITALIZATION GRANT FUNDS FOR CONSTRUCTION GRANTS
Pub. L. 101-144, title III, Nov. 9, 1989, 103 Stat. 858, as
amended by Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 238,
provided: "That, notwithstanding any other provision of law, sums
heretofore, herein or hereafter appropriated under this heading
["Environmental Protection Agency" and "construction grants"]
allotted for title VI [33 U.S.C. 1381 et seq.] capitalization
grants to American Samoa, Commonwealth of the Northern Mariana
Islands, Guam, the Republic of Palau (or its successor entity),
Virgin Islands and the District of Columbia, may be used for title
II [33 U.S.C. 1281 et seq.] construction grants at the request of
the chief executive of each of the above named entities, and sums
appropriated in fiscal year 1989 shall remain available for
obligation until September 30, 1992."

-End-



-CITE-
33 USC Sec. 1385 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-
Sec. 1385. Corrective action

-STATUTE-
(a) Notification of noncompliance
If the Administrator determines that a State has not complied
with its agreement with the Administrator under section 1382 of
this title or any other requirement of this subchapter, the
Administrator shall notify the State of such noncompliance and the
necessary corrective action.
(b) Withholding of payments
If a State does not take corrective action within 60 days after
the date a State receives notification of such action under
subsection (a) of this section, the Administrator shall withhold
additional payments to the State until the Administrator is
satisfied that the State has taken the necessary corrective action.
(c) Reallotment of withheld payments
If the Administrator is not satisfied that adequate corrective
actions have been taken by the State within 12 months after the
State is notified of such actions under subsection (a) of this
section, the payments withheld from the State by the Administrator
under subsection (b) of this section shall be made available for
reallotment in accordance with the most recent formula for
allotment of funds under this subchapter.

-SOURCE-
(June 30, 1948, ch. 758, title VI, Sec. 605, as added Pub. L.
100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 25.)

-End-



-CITE-
33 USC Sec. 1386 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-
Sec. 1386. Audits, reports, and fiscal controls; intended use plan

-STATUTE-
(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.

-SOURCE-
(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.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1301, 1381, 1382 of this
title.

-End-



-CITE-
33 USC Sec. 1387 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-
Sec. 1387. Authorization of appropriations

-STATUTE-
There is authorized to be appropriated to carry out the purposes
of this subchapter the following sums:
(1) $1,200,000,000 per fiscal year for each of fiscal years
1989 and 1990;
(2) $2,400,000,000 for fiscal year 1991;
(3) $1,800,000,000 for fiscal year 1992;
(4) $1,200,000,000 for fiscal year 1993; and
(5) $600,000,000 for fiscal year 1994.

-SOURCE-
(June 30, 1948, ch. 758, title VI, Sec. 607, as added Pub. L.
100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 26.)

-End-