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(continued)
Environmental Protection Agency.

"SEC. 502. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.
"(a) Establishment. - There is established a National
Contaminated Sediment Task Force (hereinafter referred to in this
section as the 'Task Force'). The Task Force shall -
"(1) advise the Administrator and the Secretary in the
implementation of this title;
"(2) review and comment on reports concerning aquatic sediment
quality and the extent and seriousness of aquatic sediment
contamination throughout the Nation;
"(3) review and comment on programs for the research and
development of aquatic sediment restoration methods, practices,
and technologies;
"(4) review and comment on the selection of pollutants for
development of aquatic sediment criteria and the schedule for the
development of such criteria;
"(5) advise appropriate officials in the development of
guidelines for restoration of contaminated sediment;
"(6) make recommendations to appropriate officials concerning
practices and measures -
"(A) to prevent the contamination of aquatic sediments; and
"(B) to control sources of sediment contamination; and
"(7) review and assess the means and methods for locating and
constructing permanent, cost-effective long-term disposal sites
for the disposal of dredged material that is not suitable for
ocean dumping (as determined under the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.)
[also 16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 2801 et
seq.]).
"(b) Membership. -
"(1) In general. - The membership of the Task Force shall
include 1 representative of each of the following:
"(A) The Administrator.
"(B) The Secretary.
"(C) The National Oceanic and Atmospheric Administration.
"(D) The United States Fish and Wildlife Service.
"(E) The Geological Survey [now United States Geological
Survey].
"(F) The Department of Agriculture.
"(2) Additional members. - Additional members of the Task Force
shall be jointly selected by the Administrator and the Secretary,
and shall include -
"(A) not more than 3 representatives of States;
"(B) not more than 3 representatives of ports, agriculture,
and manufacturing; and
"(C) not more than 3 representatives of public interest
organizations with a demonstrated interest in aquatic sediment
contamination.
"(3) Cochairmen. - The Administrator and the Secretary shall
serve as cochairmen of the Task Force.
"(4) Clerical and technical assistance. - Such clerical and
technical assistance as may be necessary to discharge the duties
of the Task Force shall be provided by the personnel of the
Environmental Protection Agency and the Army Corps of Engineers.
"(5) Compensation for additional members. - The additional
members of the Task Force selected under paragraph (2) shall,
while attending meetings or conferences of the Task Force, be
compensated at a rate to be fixed by the cochairmen, but not to
exceed the daily equivalent of the base rate of pay in effect for
grade GS-15 of the General Schedule under section 5332 of title
5, United States Code, for each day (including travel time)
during which they are engaged in the actual performance of duties
vested in the Task Force. While away from their homes or regular
places of business in the performance of services for the Task
Force, such members shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are allowed
expenses under section 5703(b) of title 5, United States Code.
"(c) Report. - Within 2 years after the date of the enactment of
this Act [Oct. 31, 1992], the Task Force shall submit to Congress a
report stating the findings and recommendations of the Task Force."

AUTHORIZATION OF APPROPRIATIONS
Section 509(b) of Pub. L. 102-580 provided that: "There is
authorized to be appropriated to the Administrator to carry out
sections 502 and 503 [enacting this section and provisions set out
above] such sums as may be necessary."

-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 3 of Pub.
L. 102-580, set out as a note under section 2201 of this title.

-FOOTNOTE-


(!1) See References in Text note below.


-End-



-CITE-
33 USC Sec. 1271a 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-
Sec. 1271a. Research and development program

-STATUTE-
(a) In general
In coordination with other Federal, State, and local officials,
the Administrator of the Environmental Protection Agency may
conduct research on the development and use of innovative
approaches, technologies, and techniques for the remediation of
sediment contamination in areas of concern that are located wholly
or partially in the United States.
(b) Authorization of appropriations
(1) In general
In addition to amounts authorized under other laws, there is
authorized to be appropriated to carry out this section
$3,000,000 for each of fiscal years 2004 through 2008.
(2) Availability
Funds appropriated under paragraph (1) shall remain available
until expended.

-SOURCE-
(Pub. L. 107-303, title I, Sec. 106, Nov. 27, 2002, 116 Stat.
2358.)

-COD-
CODIFICATION
Section was enacted as part of the Great Lakes Legacy Act of
2002, and also as part of the Great Lakes and Lake Champlain Act of
2002, and not as part of the Federal Water Pollution Control Act
which comprises this chapter.

-End-



-CITE-
33 USC Sec. 1272 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-
Sec. 1272. Environmental dredging

-STATUTE-
(a) Operation and maintenance of navigation projects
Whenever necessary to meet the requirements of the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in
consultation with the Administrator of the Environmental Protection
Agency, may remove and remediate, as part of operation and
maintenance of a navigation project, contaminated sediments outside
the boundaries of and adjacent to the navigation channel.
(b) Nonproject specific
(1) In general
The Secretary may remove and remediate contaminated sediments
from the navigable waters of the United States for the purpose of
environmental enhancement and water quality improvement if such
removal and remediation is requested by a non-Federal sponsor and
the sponsor agrees to pay 35 percent of the cost of such removal
and remediation.
(2) Maximum amount
The Secretary may not expend more than $50,000,000 in a fiscal
year to carry out this subsection.
(c) Joint plan requirement
The Secretary may only remove and remediate contaminated
sediments under subsection (b) of this section in accordance with a
joint plan developed by the Secretary and interested Federal,
State, and local government officials. Such plan must include an
opportunity for public comment, a description of the work to be
undertaken, the method to be used for dredged material disposal,
the roles and responsibilities of the Secretary and non-Federal
sponsors, and identification of sources of funding.
(d) Disposal costs
Costs of disposal of contaminated sediments removed under this
section shall be a (!1) shared as a cost of construction.

(e) Limitation on statutory construction
Nothing in this section shall be construed to affect the rights
and responsibilities of any person under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 [42
U.S.C. 9601 et seq.].
(f) Priority work
In carrying out this section, the Secretary shall give priority
to work in the following areas:
(1) Brooklyn Waterfront, New York.
(2) Buffalo Harbor and River, New York.
(3) Ashtabula River, Ohio.
(4) Mahoning River, Ohio.
(5) Lower Fox River, Wisconsin.
(6) Passaic River and Newark Bay, New Jersey.
(7) Snake Creek, Bixby, Oklahoma.
(8) Willamette River, Oregon.
(g) Nonprofit entities
Notwithstanding section 1962d-5b of title 42, for any project
carried out under this section, a non-Federal sponsor may include a
nonprofit entity, with the consent of the affected local
government.

-SOURCE-
(Pub. L. 101-640, title III, Sec. 312, Nov. 28, 1990, 104 Stat.
4639; Pub. L. 104-303, title II, Sec. 205, Oct. 12, 1996, 110 Stat.
3679; Pub. L. 106-53, title II, Sec. 224, Aug. 17, 1999, 113 Stat.
297; Pub. L. 106-541, title II, Sec. 210(a), Dec. 11, 2000, 114
Stat. 2592.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Water Pollution Control Act, referred to in subsec.
(a), 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.
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, referred to in subsec. (e), is Pub. L.
96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is
classified principally to chapter 103 (Sec. 9601 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
9601 of Title 42 and Tables.

-COD-
CODIFICATION
Section was formerly set out as a note under section 1252 of this
title.
Section was enacted as part of the Water Resources Development
Act of 1990, and not as part of the Federal Water Pollution Control
Act which comprises this chapter.


-MISC1-
AMENDMENTS
2000 - Subsec. (g). Pub. L. 106-541 added subsec. (g).
1999 - Subsec. (b)(1). Pub. L. 106-53, Sec. 224(1)(A),
substituted "35 percent" for "50 percent".
Subsec. (b)(2). Pub. L. 106-53, Sec. 224(1)(B), substituted
"$50,000,000" for "$20,000,000".
Subsec. (d). Pub. L. 106-53, Sec. 224(2), substituted "shared as
a cost of construction" for "non-Federal responsibility".
Subsec. (f)(6) to (8). Pub. L. 106-53, Sec. 224(3), added pars.
(6) to (8).
1996 - Subsec. (a). Pub. L. 104-303, Sec. 205(1), inserted "and
remediate" after "remove".
Subsec. (b)(1). Pub. L. 104-303, Sec. 205(1), (2)(A), inserted
"and remediate" after "remove" and inserted "and remediation" after
"removal" in two places.
Subsec. (b)(2). Pub. L. 104-303, Sec. 205(2)(B), substituted
"$20,000,000" for "$10,000,000".
Subsec. (c). Pub. L. 104-303, Sec. 205(1), inserted "and
remediate" after "remove".
Subsec. (f). Pub. L. 104-303, Sec. 205(3), added subsec. (f) and
struck out heading and text of former subsec. (f). Text read as
follows: "This section shall not be effective after the last day of
the 5-year period beginning on November 28, 1990; except that the
Secretary may complete any project commenced under this section on
or before such last day."

-FOOTNOTE-
(!1) So in original. The word "a" probably should not appear.


-End-



-CITE-
33 USC Sec. 1273 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-
Sec. 1273. Lake Pontchartrain Basin

-STATUTE-
(a) Establishment of restoration program
The Administrator shall establish within the Environmental
Protection Agency the Lake Pontchartrain Basin Restoration Program.
(b) Purpose
The purpose of the program shall be to restore the ecological
health of the Basin by developing and funding restoration projects
and related scientific and public education projects.
(c) Duties
In carrying out the program, the Administrator shall -
(1) provide administrative and technical assistance to a
management conference convened for the Basin under section 1330
of this title;
(2) assist and support the activities of the management
conference, including the implementation of recommendations of
the management conference;
(3) support environmental monitoring of the Basin and research
to provide necessary technical and scientific information;
(4) develop a comprehensive research plan to address the
technical needs of the program;
(5) coordinate the grant, research, and planning programs
authorized under this section; and
(6) collect and make available to the public publications, and
other forms of information the management conference determines
to be appropriate, relating to the environmental quality of the
Basin.
(d) Grants
The Administrator may make grants -
(1) for restoration projects and studies recommended by a
management conference convened for the Basin under section 1330
of this title; and
(2) for public education projects recommended by the management
conference.
(e) Definitions
In this section, the following definitions apply:
(1) Basin
The term "Basin" means the Lake Pontchartrain Basin, a 5,000
square mile watershed encompassing 16 parishes in the State of
Louisiana and 4 counties in the State of Mississippi.
(2) Program
The term "program" means the Lake Pontchartrain Basin
Restoration Program established under subsection (a) of this
section.
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this
section $20,000,000 for each of fiscal years 2001 through 2005.
Such sums shall remain available until expended.
(2) Public education projects
Not more than 15 percent of the amount appropriated pursuant to
paragraph (1) in a fiscal year may be expended on grants for
public education projects under subsection (d)(2) of this
section.

-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 121, as added Pub. L.
106-457, title V, Sec. 502, Nov. 7, 2000, 114 Stat. 1973.)

-COD-
CODIFICATION
Another section 121 of act June 30, 1948, ch. 758, is classified
to section 1274 of this title.

-End-



-CITE-
33 USC Sec. 1274 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-
Sec. 1274. Wet weather watershed pilot projects

-STATUTE-
(a) In general
The Administrator, in coordination with the States, may provide
technical assistance and grants for treatment works to carry out
pilot projects relating to the following areas of wet weather
discharge control:
(1) Watershed management of wet weather discharges
The management of municipal combined sewer overflows, sanitary
sewer overflows, and stormwater discharges, on an integrated
watershed or subwatershed basis for the purpose of demonstrating
the effectiveness of a unified wet weather approach.
(2) Stormwater best management practices
The control of pollutants from municipal separate storm sewer
systems for the purpose of demonstrating and determining controls
that are cost-effective and that use innovative technologies in
reducing such pollutants from stormwater discharges.
(b) Administration
The Administrator, in coordination with the States, shall provide
municipalities participating in a pilot project under this section
the ability to engage in innovative practices, including the
ability to unify separate wet weather control efforts under a
single permit.
(c) Funding
(1) In general
There is authorized to be appropriated to carry out this
section $10,000,000 for fiscal year 2002, $15,000,000 for fiscal
year 2003, and $20,000,000 for fiscal year 2004. Such funds shall
remain available until expended.
(2) Stormwater
The Administrator shall make available not less than 20 percent
of amounts appropriated for a fiscal year pursuant to this
subsection to carry out the purposes of subsection (a)(2) of this
section.
(3) Administrative expenses
The Administrator may retain not to exceed 4 percent of any
amounts appropriated for a fiscal year pursuant to this
subsection for the reasonable and necessary costs of
administering this section.
(d) Report to Congress
Not later than 5 years after December 21, 2000, the Administrator
shall transmit to Congress a report on the results of the pilot
projects conducted under this section and their possible
application nationwide.

-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 121, as added Pub. L.
106-554, Sec. 1(a)(4) [div. B, title I, Sec. 112(b)], Dec. 21,
2000, 114 Stat. 2763, 2763A-225.)

-COD-
CODIFICATION
Another section 121 of act June 30, 1948, ch. 758, is classified
to section 1273 of this title.

-End-


-CITE-
33 USC SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF
TREATMENT WORKS 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-
SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1255, 1311, 1313a,
1330, 1371, 1377, 1382, 1384, 1386 of this title; title 40 section
14507.

-End-



-CITE-
33 USC Sec. 1281 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. 1281. Congressional declaration of purpose

-STATUTE-
(a) Development and implementation of waste treatment management
plans and practices
It is the purpose of this subchapter to require and to assist the
development and implementation of waste treatment management plans
and practices which will achieve the goals of this chapter.
(b) Application of technology: confined disposal of pollutants;
consideration of advanced techniques
Waste treatment management plans and practices shall provide for
the application of the best practicable waste treatment technology
before any discharge into receiving waters, including reclaiming
and recycling of water, and confined disposal of pollutants so they
will not migrate to cause water or other environmental pollution
and shall provide for consideration of advanced waste treatment
techniques.
(c) Waste treatment management area and scope
To the extent practicable, waste treatment management shall be on
an areawide basis and provide control or treatment of all point and
nonpoint sources of pollution, including in place or accumulated
pollution sources.
(d) Waste treatment management construction of revenue producing
facilities
The Administrator shall encourage waste treatment management
which results in the construction of revenue producing facilities
providing for -
(1) the recycling of potential sewage pollutants through the
production of agriculture, silviculture, or aquaculture products,
or any combination thereof;
(2) the confined and contained disposal of pollutants not
recycled;
(3) the reclamation of wastewater; and
(4) the ultimate disposal of sludge in a manner that will not
result in environmental hazards.
(e) Waste treatment management integration of facilities
The Administrator shall encourage waste treatment management
which results in integrating facilities for sewage treatment and
recycling with facilities to treat, dispose of, or utilize other
industrial and municipal wastes, including but not limited to solid
waste and waste heat and thermal discharges. Such integrated
facilities shall be designed and operated to produce revenues in
excess of capital and operation and maintenance costs and such
revenues shall be used by the designated regional management agency
to aid in financing other environmental improvement programs.
(f) Waste treatment management "open space" and recreational
considerations
The Administrator shall encourage waste treatment management
which combines "open space" and recreational considerations with
such management.
(g) Grants to construct publicly owned treatment works
(1) The Administrator is authorized to make grants to any State,
municipality, or intermunicipal or interstate agency for the
construction of publicly owned treatment works. On and after
October 1, 1984, grants under this subchapter shall be made only
for projects for secondary treatment or more stringent treatment,
or any cost effective alternative thereto, new interceptors and
appurtenances, and infiltration-in-flow correction. Notwithstanding
the preceding sentences, the Administrator may make grants on and
after October 1, 1984, for (A) any project within the definition
set forth in section 1292(2) of this title, other than for a
project referred to in the preceding sentence, and (B) any purpose
for which a grant may be made under sections (!1) 1329(h) and (i)
of this title (including any innovative and alternative approaches
for the control of nonpoint sources of pollution), except that not
more than 20 per centum (as determined by the Governor of the
State) of the amount allotted to a State under section 1285 of this
title for any fiscal year shall be obligated in such State under
authority of this sentence.

(2) The Administrator shall not make grants from funds authorized
for any fiscal year beginning after June 30, 1974, to any State,
municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling,
improvement, or extension of treatment works unless the grant
applicant has satisfactorily demonstrated to the Administrator that
-
(A) alternative waste management techniques have been studied
and evaluated and the works proposed for grant assistance will
provide for the application of the best practicable waste
treatment technology over the life of the works consistent with
the purposes of this subchapter; and
(B) as appropriate, the works proposed for grant assistance
will take into account and allow to the extent practicable the
application of technology at a later date which will provide for
the reclaiming or recycling of water or otherwise eliminate the
discharge of pollutants.

(3) The Administrator shall not approve any grant after July 1,
1973, for treatment works under this section unless the applicant
shows to the satisfaction of the Administrator that each sewer
collection system discharging into such treatment works is not
subject to excessive infiltration.
(4) The Administrator is authorized to make grants to applicants
for treatment works grants under this section for such sewer system
evaluation studies as may be necessary to carry out the
requirements of paragraph (3) of this subsection. Such grants shall
be made in accordance with rules and regulations promulgated by the
Administrator. Initial rules and regulations shall be promulgated
under this paragraph not later than 120 days after October 18,
1972.
(5) The Administrator shall not make grants from funds authorized
for any fiscal year beginning after September 30, 1978, to any
State, municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling,
improvement, or extension of treatment works unless the grant
applicant has satisfactorily demonstrated to the Administrator that
innovative and alternative wastewater treatment processes and
techniques which provide for the reclaiming and reuse of water,
otherwise eliminate the discharge of pollutants, and utilize
recycling techniques, land treatment, new or improved methods of
waste treatment management for municipal and industrial waste
(discharged into municipal systems) and the confined disposal of
pollutants, so that pollutants will not migrate to cause water or
other environmental pollution, have been fully studied and
evaluated by the applicant taking into account subsection (d) of
this section and taking into account and allowing to the extent
practicable the more efficient use of energy and resources.
(6) The Administrator shall not make grants from funds authorized
for any fiscal year beginning after September 30, 1978, to any
State, municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling,
improvement, or extension of treatment works unless the grant
applicant has satisfactorily demonstrated to the Administrator that
the applicant has analyzed the potential recreation and open space
opportunities in the planning of the proposed treatment works.
(h) Grants to construct privately owned treatment works
A grant may be made under this section to construct a privately
owned treatment works serving one or more principal residences or
small commercial establishments constructed prior to, and inhabited
on, December 27, 1977, where the Administrator finds that -
(1) a public body otherwise eligible for a grant under
subsection (g) of this section has applied on behalf of a number
of such units and certified that public ownership of such works
is not feasible;
(2) such public body has entered into an agreement with the
Administrator which guarantees that such treatment works will be
properly operated and maintained and will comply with all other
requirements of section 1284 of this title and includes a system
of charges to assure that each recipient of waste treatment
services under such a grant will pay its proportionate share of
the cost of operation and maintenance (including replacement);
and
(3) the total cost and environmental impact of providing waste
treatment services to such residences or commercial
establishments will be less than the cost of providing a system
of collection and central treatment of such wastes.
(i) Waste treatment management methods, processes, and techniques
to reduce energy requirements
The Administrator shall encourage waste treatment management
methods, processes, and techniques which will reduce total energy
requirements.
(j) Grants for treatment works utilizing processes and techniques
of guidelines under section 1314(d)(3) of this title
The Administrator is authorized to make a grant for any treatment
works utilizing processes and techniques meeting the guidelines
promulgated under section 1314(d)(3) of this title, if the
Administrator determines it is in the public interest and if in the
cost effectiveness study made of the construction grant application
for the purpose of evaluating alternative treatment works, the life
cycle cost of the treatment works for which the grant is to be made
does not exceed the life cycle cost of the most cost effective
alternative by more than 15 per centum.
(k) Limitation on use of grants for publicly owned treatment works
No grant made after November 15, 1981, for a publicly owned
treatment works, other than for facility planning and the
preparation of construction plans and specifications, shall be used
to treat, store, or convey the flow of any industrial user into
such treatment works in excess of a flow per day equivalent to
fifty thousand gallons per day of sanitary waste. This subsection
shall not apply to any project proposed by a grantee which is
carrying out an approved project to prepare construction plans and
specifications for a facility to treat wastewater, which received
its grant approval before May 15, 1980. This subsection shall not
be in effect after November 15, 1981.
(l) Grants for facility plans, or plans, specifications, and
estimates for proposed project for construction of treatment
works; limitations, allotments, advances, etc.
(1) After December 29, 1981, Federal grants shall not be made for
the purpose of providing assistance solely for facility plans, or
plans, specifications, and estimates for any proposed project for
the construction of treatment works. In the event that the proposed
project receives a grant under this section for construction, the
Administrator shall make an allowance in such grant for non-Federal
funds expended during the facility planning and advanced
engineering and design phase at the prevailing Federal share under
section 1282(a) of this title, based on the percentage of total
project costs which the Administrator determines is the general
experience for such projects.
(2)(A) Each State shall use a portion of the funds allotted to
such State each fiscal year, but not to exceed 10 per centum of
such funds, to advance to potential grant applicants under this
subchapter the costs of facility planning or the preparation of
plans, specifications, and estimates.
(B) Such an advance shall be limited to the allowance for such
costs which the Administrator establishes under paragraph (1) of
this subsection, and shall be provided only to a potential grant
applicant which is a small community and which in the judgment of
the State would otherwise be unable to prepare a request for a
grant for construction costs under this section.
(C) In the event a grant for construction costs is made under
this section for a project for which an advance has been made under
this paragraph, the Administrator shall reduce the amount of such
grant by the allowance established under paragraph (1) of this
subsection. In the event no such grant is made, the State is
authorized to seek repayment of such advance on such terms and
conditions as it may determine.
(m) Grants for State of California projects
(1) Notwithstanding any other provisions of this subchapter, the
Administrator is authorized to make a grant from any funds
otherwise allotted to the State of California under section 1285 of
this title to the project (and in the amount) specified in Order
WQG 81-1 of the California State Water Resources Control Board.
(2) Notwithstanding any other provision of this chapter, the
Administrator shall make a grant from any funds otherwise allotted
to the State of California to the city of Eureka, California, in
connection with project numbered C-06-2772, for the purchase of one
hundred and thirty-nine acres of property as environmental
mitigation for siting of the proposed treatment plant.
(3) Notwithstanding any other provision of this chapter, the
Administrator shall make a grant from any funds otherwise allotted
to the State of California to the city of San Diego, California, in
connection with that city's aquaculture sewage process (total
resources recovery system) as an innovative and alternative waste
treatment process.
(n) Water quality problems; funds, scope, etc.
(1) On and after October 1, 1984, upon the request of the
Governor of an affected State, the Administrator is authorized to
use funds available to such State under section 1285 of this title
to address water quality problems due to the impacts of discharges
from combined storm water and sanitary sewer overflows, which are
not otherwise eligible under this subsection, where correction of
such discharges is a major priority for such State.
(2) Beginning fiscal year 1983, the Administrator shall have
available $200,000,000 per fiscal year in addition to those funds
authorized in section 1287 of this title to be utilized to address
water quality problems of marine bays and estuaries subject to
lower levels of water quality due to the impacts of discharges from
combined storm water and sanitary sewer overflows from adjacent
urban complexes, not otherwise eligible under this subsection. Such
sums may be used as deemed appropriate by the Administrator as
provided in paragraphs (1) and (2) of this subsection, upon the
request of and demonstration of water quality benefits by the
Governor of an affected State.
(o) Capital financing plan
The Administrator shall encourage and assist applicants for grant
assistance under this subchapter to develop and file with the
Administrator a capital financing plan which, at a minimum -
(1) projects the future requirements for waste treatment
services within the applicant's jurisdiction for a period of no
less than ten years;
(2) projects the nature, extent, timing, and costs of future
expansion and reconstruction of treatment works which will be
necessary to satisfy the applicant's projected future
requirements for waste treatment services; and
(3) sets forth with specificity the manner in which the
applicant intends to finance such future expansion and
reconstruction.
(p) Time limit on resolving certain disputes
In any case in which a dispute arises with respect to the
awarding of a contract for construction of treatment works by a
grantee of funds under this subchapter and a party to such dispute
files an appeal with the Administrator under this subchapter for
resolution of such dispute, the Administrator shall make a final
decision on such appeal within 90 days of the filing of such
appeal.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 201, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 833; amended Pub. L.
95-217, Secs. 12-16, Dec. 27, 1977, 91 Stat. 1569, 1570; Pub. L.
96-483, Secs. 2(d), 3, Oct. 21, 1980, 94 Stat. 2361; Pub. L.
97-117, Secs. 2(a), 3(a), 4-6, 10(c), Dec. 29, 1981, 95 Stat.
1623-1626; Pub. L. 100-4, title II, Sec. 201, title III, Sec.
316(c), Feb. 4, 1987, 101 Stat. 15, 60.)


-MISC1-
AMENDMENTS
1987 - Subsec. (g)(1). Pub. L. 100-4, Sec. 316(c), substituted
"sentences, the Administrator" for "sentence, the Administrator"
and inserted "(A)" after "October 1, 1984, for" and "and (B) any
purpose for which a grant may be made under sections 1329(h) and
(i) of this title (including any innovative and alternative
approaches for the control of nonpoint sources of pollution),"
before "except that".
Subsec. (p). Pub. L. 100-4, Sec. 201, added subsec. (p).
1981 - Subsec. (g)(1). Pub. L. 97-117, Sec. 2(a), inserted
provisions restricting, on or after Oct. 1, 1984, the categories of
projects eligible for grants under this subchapter and providing an
exception to the restriction for projects, other than specified
projects, within the definition set forth in section 1292(2) of
this title, but limiting such exception to not more than 20 per
centum, as determined by the Governor of the State, of the amount
allotted to a State under section 1285 of this title for any fiscal
year.
Subsec. (k). Pub. L. 97-117, Sec. 10(c), inserted provision that
subsection not be in effect after Nov. 15, 1981.
Subsec. (l). Pub. L. 97-117, Sec. 3(a), added subsec. (l).
Subsec. (m). Pub. L. 97-117, Sec. 4, added subsec. (m).
Subsec. (n). Pub. L. 97-117, Sec. 5, added subsec. (n).
Subsec. (o). Pub. L. 97-117, Sec. 6, added subsec. (o).
1980 - Subsec. (h). Pub. L. 96-483, Sec. 2(d), struck out text
following par. (3), relating to payment to the United States by
commercial users of that portion of the cost of construction
applicable to treatment of commercial wastes to the extent
attributable to the Federal share of the cost of construction.
Subsec. (k). Pub. L. 96-483, Sec. 3, added subsec. (k).
1977 - Subsec. (g)(5). Pub. L. 95-217, Sec. 12, added par. (5).
Subsec. (g)(6). Pub. L. 95-217, Sec. 13, added par. (6).
Subsec. (h). Pub. L. 95-217, Sec. 14, added subsec. (h).
Subsec. (i). Pub. L. 95-217, Sec. 15, added subsec. (i).
Subsec. (j). Pub. L. 95-217, Sec. 16, added subsec. (j).

EFFECTIVE DATE OF 1980 AMENDMENT
Section 2(g) of Pub. L. 96-483 provided that: "The amendments
made by this section [amending sections 1281, 1284, and 1293 of
this title, enacting provisions set out as notes under section 1284
of this title, and amending provisions set out as a note under
section 1284 of this title] shall take effect on December 27,
1977."

ENVIRONMENTAL PROTECTION AGENCY STATE AND TRIBAL ASSISTANCE GRANTS
Pub. L. 105-174, title III, May 1, 1998, 112 Stat. 92, provided
that: "Notwithstanding any other provision of law, eligible
recipients of the funds appropriated to the Environmental
Protection Agency in the State and Tribal Assistance Grants account
since fiscal year 1997 and hereafter for multi-media or single
media grants, other than Performance Partnership Grants authorized
pursuant to Public Law 104-134 and Public Law 105-65 [see Grants to
Indian Tribes for Pollution Prevention, Control, and Abatement
notes set out below], for pollution prevention, control, and
abatement and related activities have been and shall be those
entities eligible for grants under the Agency's organic statutes."

PRIVATIZATION OF INFRASTRUCTURE ASSETS
Pub. L. 104-303, title V, Sec. 586, Oct. 12, 1996, 110 Stat.
3791, provided that:
"(a) In General. - Notwithstanding the provisions of title II of
the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.),
Executive Order 12803 [5 U.S.C. 601 note], or any other law or
authority, an entity that received Federal grant assistance for an
infrastructure asset under the Federal Water Pollution Control Act
[33 U.S.C. 1251 et seq.] shall not be required to repay any portion
of the grant upon the lease or concession of the asset only if -
"(1) ownership of the asset remains with the entity that
received the grant; and
"(2) the Administrator of the Environmental Protection Agency
determines that the lease or concession furthers the purposes of
such Act and approves the lease or concession.
"(b) Limitation. - The Administrator shall not approve a total of
more than 5 leases and concessions under this section."

GRANTS TO STATES TO ADMINISTER COMPLETION AND CLOSEOUT OF
CONSTRUCTION GRANTS PROGRAM
Pub. L. 104-204, title III, Sept. 26, 1996, 110 Stat. 2912,
provided in part: "That notwithstanding any other provision of law,
beginning in fiscal year 1997 the Administrator may make grants to
States, from funds available for obligation in the State under
title II of the Federal Water Pollution Control Act [33 U.S.C. 1281
et seq.], as amended, for administering the completion and closeout
of the State's construction grants program, based on a budget
annually negotiated with the State".

WASTEWATER ASSISTANCE TO COLONIAS
Pub. L. 104-182, title III, Sec. 307, Aug. 6, 1996, 110 Stat.
1688, provided that:
"(a) Definitions. - As used in this section:
"(1) Border state. - The term 'border State' means Arizona,
California, New Mexico, and Texas.
"(2) Eligible community. - The term 'eligible community' means
a low-income community with economic hardship that -
"(A) is commonly referred to as a colonia;
"(B) is located along the United States-Mexico border
(generally in an unincorporated area); and
"(C) lacks basic sanitation facilities such as household
plumbing or a proper sewage disposal system.
"(3) Treatment works. - The term 'treatment works' has the
meaning provided in section 212(2) of the Federal Water Pollution
Control Act (33 U.S.C. 1292(2)).
"(b) Grants for Wastewater Assistance. - The Administrator of the
Environmental Protection Agency and the heads of other appropriate
Federal agencies are authorized to award grants to a border State
to provide assistance to eligible communities for the planning,
design, and construction or improvement of sewers, treatment works,
and appropriate connections for wastewater treatment.
"(c) Use of Funds. - Each grant awarded pursuant to subsection
(b) shall be used to provide assistance to one or more eligible
communities with respect to which the residents are subject to a
significant health risk (as determined by the Administrator or the
head of the Federal agency making the grant) attributable to the
lack of access to an adequate and affordable treatment works for
wastewater.
"(d) Cost Sharing. - The amount of a grant awarded pursuant to
this section shall not exceed 50 percent of the costs of carrying
out the project that is the subject of the grant.
"(e) Authorization of Appropriations. - There are authorized to
be appropriated to carry out this section $25,000,000 for each of
the fiscal years 1997 through 1999."

GRANTS TO INDIAN TRIBES FOR POLLUTION PREVENTION, CONTROL AND
ABATEMENT
Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat. 1373,
provided in part that: "$745,000,000 for grants to States,
federally recognized tribes, and air pollution control agencies for
multi-media or single media pollution prevention, control and
abatement and related activities pursuant to the provisions set
forth under this heading in Public Law 104-134 [see below],
provided that eligible recipients of these funds and the funds made
available for this purpose since fiscal year 1996 and hereafter
include States, federally recognized tribes, interstate agencies,
tribal consortia, and air pollution control agencies, as provided
in authorizing statutes, subject to such terms and conditions as
the Administrator shall establish, and for making grants under
section 103 of the Clean Air Act [42 U.S.C. 7403] for particulate
matter monitoring and data collection activities".
Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat. 1374,
provided in part: "That, hereafter from funds appropriated under
this heading ["Environmental Protection Agency" and "state and
tribal assistance grants"], the Administrator is authorized to make
grants to federally recognized Indian governments for the
development of multi-media environmental programs: Provided
further, That, hereafter, the funds available under this heading
for grants to States, federally recognized tribes, and air
pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related activities
may also be used for the direct implementation by the Federal
Government of a program required by law in the absence of an
acceptable State or tribal program".
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 104-204, title III, Sept. 26, 1996, 110 Stat. 2912.
Pub. L. 104-134, title I, Sec. 101(e) [title III], Apr. 26, 1996,
110 Stat. 1321-257, 1321-299, renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103-327, title III, Sept. 28, 1994, 108 Stat. 2320.
Pub. L. 103-124, title III, Oct. 28, 1993, 107 Stat. 1293.
Pub. L. 102-389, title III, Oct. 6, 1992, 106 Stat. 1597.
Pub. L. 102-139, title III, Oct. 28, 1991, 105 Stat. 762.
Pub. L. 101-507, title III, Nov. 5, 1990, 104 Stat. 1372.

Pub. L. 104-134, title I, Sec. 101(e) [title III], Apr. 26, 1996,
110 Stat. 1321-257, 1321-299; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That
beginning in fiscal year 1996 and each fiscal year thereafter, and
notwithstanding any other provision of law, the Administrator is
authorized to make grants annually from funds appropriated under
this heading ["Environmental Protection Agency" and "state and
tribal assistance grants"], subject to such terms and conditions as
the Administrator shall establish, to any State or federally
recognized Indian tribe for multimedia or single media pollution
prevention, control and abatement and related environmental
activities at the request of the Governor or other appropriate
State official or the tribe".

STATE MANAGEMENT OF CONSTRUCTION GRANT ACTIVITIES
Pub. L. 104-134, title I, Sec. 101(e) [title III], Apr. 26, 1996,
110 Stat. 1321-257, 1321-299; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That of
the funds appropriated in the Construction Grants and Water
Infrastructure/State Revolving Funds accounts since the
appropriation for the fiscal year ending September 30, 1992, and
hereafter, for making grants for wastewater treatment works
construction projects, portions may be provided by the recipients
to States for managing construction grant activities, on condition
that the States agree to reimburse the recipients from State
funding sources".

GRANTS TO TRUST TERRITORY OF THE PACIFIC ISLANDS, AMERICAN SAMOA,
GUAM, NORTHERN MARIANA ISLANDS, AND VIRGIN ISLANDS; WAIVER OF
COLLECTOR SEWERS LIMITATION
Pub. L. 99-396, Sec. 12(b), Aug. 27, 1986, 100 Stat. 841,
provided that: "In awarding grants to the Trust Territory of the
Pacific Islands, American Samoa, Guam, the Northern Mariana Islands
and the Virgin Islands under section 201(g)(1) of the Clean Water
Act (33 U.S.C. 1251 et seq.) [subsec. (g)(1) of this section], the
Administrator of the Environmental Protection Agency may waive
limitations regarding grant eligibility for sewerage facilities and
related appurtenances, insofar as such limitations relate to
collector sewers, based upon a determination that applying such
limitations could hinder the alleviation of threats to public
health and water quality. In making such a determination, the
Administrator shall take into consideration the public health and
water quality benefits to be derived and the availability of
alternate funding sources. The Administrator shall not award grants
under this section for the operation and maintenance of sewerage
facilities, for construction of facilities which are not an
essential component of the sewerage facilities, or any other
activities or facilities which are not concerned with the
management of wastewater to alleviate threats to public health and
water quality." [For termination of Trust Territory of the Pacific
Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.]

ENVIRONMENTAL FINANCING AUTHORITY
Section 12 of Pub. L. 92-500, as amended by Pub. L. 97-258, Sec.
4(b), Sept. 13, 1982, 96 Stat. 1067, provided that:
"(a) [Short Title] This section may be cited as the Environmental
Financing Act of 1972.
"(b) [Establishment] There is hereby created a body corporate to (continued)