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(continued)
be known as the Environmental Financing Authority, which shall have
succession until dissolved by Act of Congress. The Authority shall
be subject to the general supervision and direction of the
Secretary of the Treasury. The Authority shall be an
instrumentality of the United States Government and shall maintain
such offices as may be necessary or appropriate in the conduct of
its business.
"(c) [Congressional Declaration of Purpose] The purpose of this
section is to assure that inability to borrow necessary funds on
reasonable terms does not prevent any State or local public body
from carrying out any project for construction of waste treatment
works determined eligible for assistance pursuant to subsection (e)
of this section.
"(d) [Board of Directors] (1) The Authority shall have a Board of
Directors consisting of five persons, one of whom shall be the
Secretary of the Treasury or his designee as Chairman of the Board,
and four of whom shall be appointed by the President from among the
officers or employees of the Authority or of any department or
agency of the United States Government.
"(2) The Board of Directors shall meet at the call of its
Chairman. The Board shall determine the general policies which
shall govern the operations of the Authority. The Chairman of the
Board shall select and effect the appointment of qualified persons
to fill the offices as may be provided for in the bylaws, with such
executive functions, powers, and duties as may be prescribed by the
bylaws or by the Board of Directors, and such persons shall be the
executive officers of the Authority and shall discharge all such
executive functions, powers, and duties. The members of the Board,
as such, shall not receive compensation for their services.
"(e) [Purchase of State and Local Obligations] (1) Until July 1,
1975, the Authority is authorized to make commitments to purchase,
and to purchase on terms and conditions determined by the
Authority, any obligation or participation therein which is issued
by a State or local public body to finance the non-Federal share of
the cost of any project for the construction of waste treatment
works which the Administrator of the Environmental Protection
Agency has determined to be eligible for Federal financial
assistance under the Federal Water Pollution Control Act [this
chapter].
"(2) No commitment shall be entered into, and no purchase shall
be made, unless the Administrator of the Environmental Protection
Agency (A) has certified that the public body is unable to obtain
on reasonable terms sufficient credit to finance its actual needs;
(B) has approved the project as eligible under the Federal Water
Pollution Control Act [this chapter], and (C) has agreed to
guarantee timely payment of principal and interest on the
obligation. The Administrator is authorized to guarantee such
timely payments and to issue regulations as he deems necessary and
proper to protect such guarantees. Appropriations are hereby
authorized to be made to the Administrator in such sums as are
necessary to make payments under such guarantees, and such payments
are authorized to be made from such appropriations.
"(3) No purchase shall be made of obligations issued to finance
projects, the permanent financing of which occurred prior to the
enactment of this section [Oct. 18, 1972].
"(4) Any purchase by the Authority shall be upon such terms and
conditions as to yield a return at a rate determined by the
Secretary of the Treasury taking into consideration (A) the current
average yield on outstanding marketable obligations of the United
States of comparable maturity or in its stead whenever the
Authority has sufficient of its own long-term obligations
outstanding, the current average yield on outstanding obligations
of the Authority of comparable maturity; and (B) the market yields
on municipal bonds.
"(5) The Authority is authorized to charge fees for its
commitments and other services adequate to cover all expenses and
to provide for the accumulation of reasonable contingency reserves
and such fees shall be included in the aggregate project costs.
"(f) [Initial Capital] To provide initial capital to the
Authority the Secretary of the Treasury is authorized to advance
the funds necessary for this purpose. Each such advance shall be
upon such terms and conditions as to yield a return at a rate not
less than a rate determined by the Secretary of the Treasury taking
into consideration the current average yield on outstanding
marketable obligations of the United States of comparable
maturities. Interest payments on such advances may be deferred, at
the discretion of the Secretary, but any such deferred payments
shall themselves bear interest at the rate specified in this
section. There is authorized to be appropriated not to exceed
$100,000,000, which shall be available for the purposes of this
subsection.
"(g) [Issuance of Obligations] (1) The Authority is authorized,
with the approval of the Secretary of the Treasury, to issue and
have outstanding obligations having such maturities and bearing
such rate or rates of interest as may be determined by the
Authority. Such obligations may be redeemable at the option of the
Authority before maturity in such manner as may be stipulated
therein.
"(2) As authorized in appropriation Acts, and such authorizations
may be without fiscal year limitations, the Secretary of the
Treasury may in his discretion purchase or agree to purchase any
obligations issued pursuant to paragraph (1) of this subsection,
and for such purpose the Secretary of the Treasury is authorized to
use as a public debt transaction the proceeds of the sale of any
securities hereafter issued under chapter 31 of title 31, as now or
hereafter in force, and the purposes for which securities may be
issued under chapter 31 of title 31, as now or hereafter in force,
are extended to include such purchases. Each purchase of
obligations by the Secretary of the Treasury under this subsection
shall be upon such terms and conditions as to yield a return at a
rate not less than a rate determined by the Secretary of the
Treasury, taking into consideration the current average yield on
outstanding marketable obligations of the United States of
comparable maturities. The Secretary of the Treasury may sell, upon
such terms and conditions and at such price or prices as he shall
determine, any of the obligations acquired by him under this
paragraph. All purchases and sales by the Secretary of the Treasury
of such obligations under this paragraph shall be treated as public
debt transactions of the United States. (As amended Pub. L. 97-258,
Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067.)
"(h) [Interest Differential] The Secretary of the Treasury is
authorized and directed to make annual payments to the Authority in
such amounts as are necessary to equal the amount by which the
dollar amount of interest expense accrued by the Authority on
account of its obligations exceeds the dollar amount of interest
income accrued by the Authority on account of obligations purchased
by it pursuant to subsection (e) of this section.
"(i) [Powers] The Authority shall have power -
"(1) to sue and be sued, complain and defend, in its corporate
name;
"(2) to adopt, alter, and use a corporate seal, which shall be
judicially noticed;
"(3) to adopt, amend, and repeal bylaws, rules, and regulations
as may be necessary for the conduct of its business;
"(4) to conduct its business, carry on its operations, and have
offices and exercise the powers granted by this section in any
State without regard to any qualification or similar statute in
any State;
"(5) to lease, purchase, or otherwise acquire, own, hold,
improve, use, or otherwise deal in and with any property, real,
personal, or mixed, or any interest therein, wherever situated;
"(6) to accept gifts or donations of services, or of property,
real, personal, or mixed, tangible or intangible, in aid of any
of the purposes of the Authority;
"(7) to sell, convey, mortgage, pledge, lease, exchange, and
otherwise dispose of its property and assets;
"(8) to appoint such officers, attorneys, employees, and agents
as may be required, to define their duties, to fix and to pay
such compensation for their services as may be determined,
subject to the civil service and classification laws, to require
bonds for them and pay the premium thereof; and
"(9) to enter into contracts, to execute instruments, to incur
liabilities, and to do all things as are necessary or incidental
to the proper management of its affairs and the proper conduct of
its business.
"(j) [Tax Exemption, Exemptions] The Authority, its property, its
franchise, capital, reserves, surplus, security holdings, and other
funds, and its income shall be exempt from all taxation now or
hereafter imposed by the United States or by any State or local
taxing authority; except that (A) any real property and any
tangible personal property of the Authority shall be subject to
Federal, State, and local taxation to the same extent according to
its value as other such property is taxed, and (B) any and all
obligations issued by the Authority shall be subject both as to
principal and interest to Federal, State, and local taxation to the
same extent as the obligations of private corporations are taxed.
"(k) [Nature of Obligations] All obligations issued by the
Authority shall be lawful investments, and may be accepted as
security for all fiduciary, trust, and public funds, the investment
or deposit of which shall be under authority or control of the
United States or of any officer or officers thereof. All
obligations issued by the Authority pursuant to this section shall
be deemed to be exempt securities within the meaning of laws
administered by the Securities and Exchange Commission, to the same
extent as securities which are issued by the United States.
"(l) [Preparation of Obligations by Secretary of the Treasury] In
order to furnish obligations for delivery by the Authority, the
Secretary of the Treasury is authorized to prepare such obligations
in such form as the Authority may approve, such obligations when
prepared to be held in the Treasury subject to delivery upon order
by the Authority. The engraved plates, dies, bed pieces, and so
forth, executed in connection therewith, shall remain in the
custody of the Secretary of the Treasury. The Authority shall
reimburse the Secretary of the Treasury for any expenditures made
in the preparation, custody, and delivery of such obligations.
"(m) [Annual Report to Congress] The Authority shall, as soon as
practicable after the end of each fiscal year, transmit to the
President and the Congress an annual report of its operations and
activities.
"(n) [Subsec. (n) amended section 24 of Title 12, Banks and
Banking, and is not set out herein.]
"(o) [Financial Controls] The budget and audit provisions of
chapter 91 of title 31 shall be applicable to the Environmental
Financing Authority in the same manner as they are applied to the
wholly owned Government corporations. (As amended Pub. L. 97-258,
Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067.)
"(p) [Subsec. (p) amended section 711 of former Title 31, Money
and Finance, and is not set out herein.]"

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1254, 1281a, 1281b, 1282,
1283, 1284, 1285, 1286, 1288, 1291, 1292, 1297, 1298, 1311, 1314,
1371, 1375, 1382, 1383 of this title.

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


-End-



-CITE-
33 USC Sec. 1281a 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. 1281a. Total treatment system funding

-STATUTE-
Notwithstanding any other provision of law, in any case where the
Administrator of the Environmental Protection Agency finds that the
total of all grants made under section 1281 of this title for the
same treatment works exceeds the actual construction costs for such
treatment works (as defined in this chapter) such excess amount
shall be a grant of the Federal share (as defined in this chapter)
of the cost of construction of a sewage collection system if -
(1) such sewage collection system was constructed as part of
the same total treatment system as the treatment works for which
such grants under section 1281 of this title were approved, and
(2) an application for assistance for the construction of such
sewage collection system was filed in accordance with section
3102 of title 42 before all such grants under section 1281 of
this title were made and such grant under section 3102 of title
42 could not be approved due to lack of funding under such
section 3102 of title 42.

The total of all grants for sewage collection systems made under
this section shall not exceed $2,800,000.

-SOURCE-
(Pub. L. 95-217, Sec. 78, Dec. 27, 1977, 91 Stat. 1611.)

-REFTEXT-
REFERENCES IN TEXT
Section 3102 of title 42, referred to in par. (2), was omitted
from the Code pursuant to section 5316 of Title 42, The Public
Health and Welfare, which terminated the authority to make grants
or loans under that section after Jan. 1, 1975.

-COD-
CODIFICATION
Section was enacted as part of the Clean Water Act of 1977, Pub.
L. 95-217, and not as part of the Federal Water Pollution Control
Act which comprises this chapter.

-End-



-CITE-
33 USC Sec. 1281b 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. 1281b. Availability of Farmers Home Administration funds for
non-Federal share

-STATUTE-
Notwithstanding any other provision of law, Federal assistance
made available by the Farmers Home Administration to any political
subdivision of a State may be used to provide the non-Federal share
of the cost of any construction project carried out under section
1281 of this title.

-SOURCE-
(Pub. L. 100-4, title II, Sec. 202(f), Feb. 4, 1987, 101 Stat. 16.)

-COD-
CODIFICATION
Section was enacted as part of the Water Quality Act of 1987, and
not as part of the Federal Water Pollution Control Act which
comprises this chapter.

-End-



-CITE-
33 USC Sec. 1282 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. 1282. Federal share

-STATUTE-
(a) Amount of grants for treatment works
(1) The amount of any grant for treatment works made under this
chapter from funds authorized for any fiscal year beginning after
June 30, 1971, and ending before October 1, 1984, shall be 75 per
centum of the cost of construction thereof (as approved by the
Administrator), and for any fiscal year beginning on or after
October 1, 1984, shall be 55 per centum of the cost of construction
thereof (as approved by the Administrator), unless modified to a
lower percentage rate uniform throughout a State by the Governor of
that State with the concurrence of the Administrator. Within ninety
days after October 21, 1980, the Administrator shall issue
guidelines for concurrence in any such modification, which shall
provide for the consideration of the unobligated balance of sums
allocated to the State under section 1285 of this title, the need
for assistance under this subchapter in such State, and the
availability of State grant assistance to replace the Federal share
reduced by such modification. The payment of any such reduced
Federal share shall not constitute an obligation on the part of the
United States or a claim on the part of any State or grantee to
reimbursement for the portion of the Federal share reduced in any
such State. Any grant (other than for reimbursement) made prior to
October 18, 1972, from any funds authorized for any fiscal year
beginning after June 30, 1971, shall, upon the request of the
applicant, be increased to the applicable percentage under this
section. Notwithstanding the first sentence of this paragraph, in
any case where a primary, secondary, or advanced waste treatment
facility or its related interceptors or a project for
infiltration-in-flow correction has received a grant for erection,
building, acquisition, alteration, remodeling, improvement,
extension, or correction before October 1, 1984, all segments and
phases of such facility, interceptors, and project for
infiltration-in-flow correction shall be eligible for grants at 75
per centum of the cost of construction thereof for any grant made
pursuant to a State obligation which obligation occurred before
October 1, 1990. Notwithstanding the first sentence of this
paragraph, in the case of a project for which an application for a
grant under this subchapter has been made to the Administrator
before October 1, 1984, and which project is under judicial
injunction on such date prohibiting its construction, such project
shall be eligible for grants at 75 percent of the cost of
construction thereof. Notwithstanding the first sentence of this
paragraph, in the case of the Wyoming Valley Sanitary Authority
project mandated by judicial order under a proceeding begun prior
to October 1, 1984, and a project for wastewater treatment for
Altoona, Pennsylvania, such projects shall be eligible for grants
at 75 percent of the cost of construction thereof.
(2) The amount of any grant made after September 30, 1978, and
before October 1, 1981, for any eligible treatment works or
significant portion thereof utilizing innovative or alternative
wastewater treatment processes and techniques referred to in
section 1281(g)(5) of this title shall be 85 per centum of the cost
of construction thereof, unless modified by the Governor of the
State with the concurrence of the Administrator to a percentage
rate no less than 15 per centum greater than the modified uniform
percentage rate in which the Administrator has concurred pursuant
to paragraph (1) of this subsection. The amount of any grant made
after September 30, 1981, for any eligible treatment works or unit
processes and techniques thereof utilizing innovative or
alternative wastewater treatment processes and techniques referred
to in section 1281(g)(5) of this title shall be a percentage of the
cost of construction thereof equal to 20 per centum greater than
the percentage in effect under paragraph (1) of this subsection for
such works or unit processes and techniques, but in no event
greater than 85 per centum of the cost of construction thereof. No
grant shall be made under this paragraph for construction of a
treatment works in any State unless the proportion of the State
contribution to the non-Federal share of construction costs for all
treatment works in such State receiving a grant under this
paragraph is the same as or greater than the proportion of the
State contribution (if any) to the non-Federal share of
construction costs for all treatment works receiving grants in such
State under paragraph (1) of this subsection.
(3) In addition to any grant made pursuant to paragraph (2) of
this subsection, the Administrator is authorized to make a grant to
fund all of the costs of the modification or replacement of any
facilities constructed with a grant made pursuant to paragraph (2)
if the Administrator finds that such facilities have not met design
performance specifications unless such failure is attributable to
negligence on the part of any person and if such failure has
significantly increased capital or operating and maintenance
expenditures. In addition, the Administrator is authorized to make
a grant to fund all of the costs of the modification or replacement
of biodisc equipment (rotating biological contactors) in any
publicly owned treatment works if the Administrator finds that such
equipment has failed to meet design performance specifications,
unless such failure is attributable to negligence on the part of
any person, and if such failure has significantly increased capital
or operating and maintenance expenditures.
(4) For the purposes of this section, the term "eligible
treatment works" means those treatment works in each State which
meet the requirements of section 1281(g)(5) of this title and which
can be fully funded from funds available for such purpose in such
State.
(b) Amount of grants for construction of treatment works not
commenced prior to July 1, 1971
The amount of the grant for any project approved by the
Administrator after January 1, 1971, and before July 1, 1971, for
the construction of treatment works, the actual erection, building
or acquisition of which was not commenced prior to July 1, 1971,
shall, upon the request of the applicant, be increased to the
applicable percentage under subsection (a) of this section for
grants for treatment works from funds for fiscal years beginning
after June 30, 1971, with respect to the cost of such actual
erection, building, or acquisition. Such increased amount shall be
paid from any funds allocated to the State in which the treatment
works is located without regard to the fiscal year for which such
funds were authorized. Such increased amount shall be paid for such
project only if -
(1) a sewage collection system that is a part of the same total
waste treatment system as the treatment works for which such
grant was approved is under construction or is to be constructed
for use in conjunction with such treatment works, and if the cost
of such sewage collection system exceeds the cost of such
treatment works, and
(2) the State water pollution control agency or other
appropriate State authority certifies that the quantity of
available ground water will be insufficient, inadequate, or
unsuitable for public use, including the ecological preservation
and recreational use of surface water bodies, unless effluents
from publicly-owned treatment works after adequate treatment are
returned to the ground water consistent with acceptable
technological standards.
(c) Availability of sums allotted to Puerto Rico
Notwithstanding any other provision of law, sums allotted to the
Commonwealth of Puerto Rico under section 1285 of this title for
fiscal year 1981 shall remain available for obligation for the
fiscal year for which authorized and for the period of the next
succeeding twenty-four months. Such sums and any unobligated funds
available to Puerto Rico from allotments for fiscal years ending
prior to October 1, 1981, shall be available for obligation by the
Administrator of the Environmental Protection Agency only to fund
the following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and
Camuy Hatillo. These funds may be used by the commonwealth of
Puerto Rico to fund the non-Federal share of the costs of such
projects. To the extent that these funds are used to pay the
non-Federal share, the Commonwealth of Puerto Rico shall repay to
the Environmental Protection Agency such amounts on terms and
conditions developed and approved by the Administrator in
consultation with the Governor of the Commonwealth of Puerto Rico.
Agreement on such terms and conditions, including the payment of
interest to be determined by the Secretary of the Treasury, shall
be reached prior to the use of these funds for the Commonwealth's
non-Federal share. No Federal funds awarded under this provision
shall be used to replace local governments funds previously
expended on these projects.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 202, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 834; amended Pub. L.
95-217, Sec. 17, Dec. 27, 1977, 91 Stat. 1571; Pub. L. 96-483, Sec.
9, Oct. 21, 1980, 94 Stat. 2362; Pub. L. 97-117, Secs. 7, 8(a),
(b), Dec. 29, 1981, 95 Stat. 1625; Pub. L. 97-357, title V, Sec.
501, Oct. 19, 1982, 96 Stat. 1712; Pub. L. 100-4, title II, Sec.
202(a)-(d), Feb. 4, 1987, 101 Stat. 15, 16.)


-MISC1-
AMENDMENTS
1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 202(a), inserted "for
any grant made pursuant to a State obligation which obligation
occurred before October 1, 1990" before period at end of last
sentence.
Pub. L. 100-4, Sec. 202(b), inserted at end "Notwithstanding the
first sentence of this paragraph, in the case of a project for
which an application for a grant under this subchapter has been
made to the Administrator before October 1, 1984, and which project
is under judicial injunction on such date prohibiting its
construction, such project shall be eligible for grants at 75
percent of the cost of construction thereof."
Pub. L. 100-4, Sec. 202(c), inserted at end "Notwithstanding the
first sentence of this paragraph, in the case of the Wyoming Valley
Sanitary Authority project mandated by judicial order under a
proceeding begun prior to October 1, 1984, and a project for
wastewater treatment for Altoona, Pennsylvania, such projects shall
be eligible for grants at 75 percent of the cost of construction
thereof."
Subsec. (a)(3). Pub. L. 100-4, Sec. 202(d), inserted at end "In
addition, the Administrator is authorized to make a grant to fund
all of the costs of the modification or replacement of biodisc
equipment (rotating biological contactors) in any publicly owned
treatment works if the Administrator finds that such equipment has
failed to meet design performance specifications, unless such
failure is attributable to negligence on the part of any person,
and if such failure has significantly increased capital or
operating and maintenance expenditures."
1982 - Subsec. (c). Pub. L. 97-357 added subsec. (c).
1981 - Subsec. (a)(1). Pub. L. 97-117, Sec. 7, inserted "and
ending before October 30, 1984," after "June 30, 1971," and "and
for any fiscal year beginning on or after October 1, 1984, shall be
55 per centum of the cost of construction thereof (as approved by
the Administrator)," after "(as approved by the Administrator),"
and provision that notwithstanding first sentence of this
paragraph, in any case where primary, secondary, or advanced waste
treatment facility or its related interceptors or a project for
infiltration-in-flow correction has received a grant for building,
acquisition, etc., before Oct. 1, 1984, all segments and phases be
eligible for grants at 75 per centum of the cost of construction.
Subsec. (a)(2). Pub. L. 97-117, Sec. 8(a), inserted provision
that the amount of any grant made after Sept. 30, 1981, for any
eligible treatment works or unit processes or techniques, utilizing
innovative or alternative wastewater treatment processes or
techniques referred to in section 1281(g)(5) of this title be a
percentage of the cost of construction equal to 20 per centum
greater than the percentage in effect under par. (1) of this
subsection, but in no event greater than 85 per centum of the cost
of construction.
Subsec. (a)(4). Pub. L. 97-117, Sec. 8(b), struck out "in the
fiscal years ending September 30, 1979, September 30, 1980, and
September 30, 1981" after "purpose in such State" and provision
that excluded from term "eligible treatment works" collector
sewers, interceptors, storm or sanitary sewers or the separation
thereof, or major sewer rehabilitation.
1980 - Subsec. (a)(1). Pub. L. 96-483, Sec. 9(a), inserted
provisions relating to modification to a lower percentage rate by
the Governor of the State and issuance of guidelines by the
Administrator for the concurrence in any such modification.
Subsec. (a)(2). Pub. L. 96-483, Sec. 9(b), inserted provision
relating to the modification by the Governor of the State to a
percentage rate no less than 15 per centum greater than the
modified uniform rate in which the Administrator has concurred.
1977 - Subsec. (a). Pub. L. 95-217 designated existing provisions
as par. (1) and added pars. (2) to (4).

PROMULGATION OF FEDERAL SHARES
Act July 9, 1956, ch. 518, Sec. 4, 70 Stat. 507, authorized the
Surgeon General to promulgate Federal shares under the Federal
Water Pollution Control Grant Program as soon as possible after
July 9, 1956, in the manner specified in the Water Pollution
Control Act, act June 30, 1948, ch. 758, 62 Stat. 1155, and
provided that such shares were to be conclusive for the purposes of
section 5 of act June 30, 1948.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1255, 1281, 1283, 1285 of
this title.

-End-



-CITE-
33 USC Sec. 1283 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. 1283. Plans, specifications, estimates, and payments

-STATUTE-
(a) Submission; contractual nature of approval by Administrator;
agreement on eligible costs; single grant
(1) Each applicant for a grant shall submit to the Administrator
for his approval, plans, specifications, and estimates for each
proposed project for the construction of treatment works for which
a grant is applied for under section 1281(g)(1) of this title from
funds allotted to the State under section 1285 of this title and
which otherwise meets the requirements of this chapter. The
Administrator shall act upon such plans, specifications, and
estimates as soon as practicable after the same have been
submitted, and his approval of any such plans, specifications, and
estimates shall be deemed a contractual obligation of the United
States for the payment of its proportional contribution to such
project.
(2) Agreement on eligible costs. -
(A) Limitation on modifications. - Before taking final action
on any plans, specifications, and estimates submitted under this
subsection after the 60th day following February 4, 1987, the
Administrator shall enter into a written agreement with the
applicant which establishes and specifies which items of the
proposed project are eligible for Federal payments under this
section. The Administrator may not later modify such eligibility
determinations unless they are found to have been made in
violation of applicable Federal statutes and regulations.
(B) Limitation on effect. - Eligibility determinations under
this paragraph shall not preclude the Administrator from auditing
a project pursuant to section 1361 of this title, or other
authority, or from withholding or recovering Federal funds for
costs which are found to be unreasonable, unsupported by adequate
documentation, or otherwise unallowable under applicable Federal
cost principles, or which are incurred on a project which fails
to meet the design specifications or effluent limitations
contained in the grant agreement and permit pursuant to section
1342 of this title for such project.

(3) In the case of a treatment works that has an estimated total
cost of $8,000,000 or less (as determined by the Administrator),
and the population of the applicant municipality is twenty-five
thousand or less (according to the most recent United States
census), upon completion of an approved facility plan, a single
grant may be awarded for the combined Federal share of the cost of
preparing construction plans and specifications, and the building
and erection of the treatment works.
(b) Periodic payments
The Administrator shall, from time to time as the work
progresses, make payments to the recipient of a grant for costs of
construction incurred on a project. These payments shall at no time
exceed the Federal share of the cost of construction incurred to
the date of the voucher covering such payment plus the Federal
share of the value of the materials which have been stockpiled in
the vicinity of such construction in conformity to plans and
specifications for the project.
(c) Final payments
After completion of a project and approval of the final voucher
by the Administrator, he shall pay out of the appropriate sums the
unpaid balance of the Federal share payable on account of such
project.
(d) Projects eligible
Nothing in this chapter shall be construed to require, or to
authorize the Administrator to require, that grants under this
chapter for construction of treatment works be made only for
projects which are operable units usable for sewage collection,
transportation, storage, waste treatment, or for similar purposes
without additional construction.
(e) Technical and legal assistance in administration and
enforcement of contracts; intervention in civil actions
At the request of a grantee under this subchapter, the
Administrator is authorized to provide technical and legal
assistance in the administration and enforcement of any contract in
connection with treatment works assisted under this subchapter, and
to intervene in any civil action involving the enforcement of such
a contract.
(f) Design/build projects
(1) Agreement
Consistent with State law, an applicant who proposes to
construct waste water treatment works may enter into an agreement
with the Administrator under this subsection providing for the
preparation of construction plans and specifications and the
erection of such treatment works, in lieu of proceeding under the
other provisions of this section.
(2) Limitation on projects
Agreements under this subsection shall be limited to projects
under an approved facility plan which projects are -
(A) treatment works that have an estimated total cost of
$8,000,000 or less; and
(B) any of the following types of waste water treatment
systems: aerated lagoons, trickling filters, stabilization
ponds, land application systems, sand filters, and subsurface
disposal systems.
(3) Required terms
An agreement entered into under this subsection shall -
(A) set forth an amount agreed to as the maximum Federal
contribution to the project, based upon a competitively bid
document of basic design data and applicable standard
construction specifications and a determination of the
federally eligible costs of the project at the applicable
Federal share under section 1282 of this title;
(B) set forth dates for the start and completion of
construction of the treatment works by the applicant and a
schedule of payments of the Federal contribution to the
project;
(C) contain assurances by the applicant that (i) engineering
and management assistance will be provided to manage the
project; (ii) the proposed treatment works will be an operable
unit and will meet all the requirements of this subchapter; and
(iii) not later than 1 year after the date specified as the
date of completion of construction of the treatment works, the
treatment works will be operating so as to meet the
requirements of any applicable permit for such treatment works
under section 1342 of this title;
(D) require the applicant to obtain a bond from the
contractor in an amount determined necessary by the
Administrator to protect the Federal interest in the project;
and
(E) contain such other terms and conditions as are necessary
to assure compliance with this subchapter (except as provided
in paragraph (4) of this subsection).
(4) Limitation on application
Subsections (a), (b), and (c) of this section shall not apply
to grants made pursuant to this subsection.
(5) Reservation to assure compliance
The Administrator shall reserve a portion of the grant to
assure contract compliance until final project approval as
defined by the Administrator. If the amount agreed to under
paragraph (3)(A) exceeds the cost of designing and constructing
the treatment works, the Administrator shall reallot the amount
of the excess to the State in which such treatment works are
located for the fiscal year in which such audit is completed.
(6) Limitation on obligations
The Administrator shall not obligate more than 20 percent of
the amount allotted to a State for a fiscal year under section
1285 of this title for grants pursuant to this subsection.
(7) Allowance
The Administrator shall determine an allowance for facilities
planning for projects constructed under this subsection in
accordance with section 1281(l) of this title.
(8) Limitation on Federal contributions
In no event shall the Federal contribution for the cost of
preparing construction plans and specifications and the building
and erection of treatment works pursuant to this subsection
exceed the amount agreed upon under paragraph (3).
(9) Recovery action
In any case in which the recipient of a grant made pursuant to
this subsection does not comply with the terms of the agreement
entered into under paragraph (3), the Administrator is authorized
to take such action as may be necessary to recover the amount of
the Federal contribution to the project.
(10) Prevention of double benefits
A recipient of a grant made pursuant to this subsection shall
not be eligible for any other grants under this subchapter for
the same project.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 203, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 835; amended Pub. L.
93-243, Sec. 2, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs.
18, 19, Dec. 27, 1977, 91 Stat. 1571, 1572; Pub. L. 96-483, Sec. 6,
Oct. 21, 1980, 94 Stat. 2362; Pub. L. 97-117, Sec. 9, Dec. 29,
1981, 95 Stat. 1626; Pub. L. 100-4, title II, Secs. 203, 204, Feb.
4, 1987, 101 Stat. 16, 17.)


-MISC1-
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-4, Sec. 203, designated provision
relating to submission of plans, specifications, and estimates, and
provision relating to contractual nature of approval by
Administrator as par. (1), designated provision relating to
requirements for awarding single grant for combined Federal share
of cost of preparing plans and specifications, and building and
erection of treatment works as par. (3), and added par. (2).
Subsec. (f). Pub. L. 100-4, Sec. 204, added subsec. (f).
1981 - Subsec. (a). Pub. L. 97-117 substituted "$8,000,000" for
"$4,000,000" and struck out provision that, if any State is found
by the Administrator to have unusually high costs of construction,
the Administrator may authorize a single grant where the estimated
total cost of the treatment works does not exceed $5,000,000.
1980 - Subsec. (a). Pub. L. 96-483 substituted "$4,000,000" and
"$5,000,000" for "$2,000,000" and "$3,000,000", respectively.
1977 - Subsec. (a). Pub. L. 95-217, Sec. 18, provided that, in
the case of a treatment works that has an estimated total cost of
$2,000,000 or less (as determined by the Administrator), and the
population of the applicant municipality is twenty-five thousand or
less (according to the most recent United States census), upon
completion of an approved facility plan, a single grant may be
awarded for the combined Federal share of the cost of preparing
construction plans and specifications, and the building and
erection of the treatment works, and that, if any State is found by
the Administrator to have unusually high costs of construction, the
Administrator may authorize a single grant where the estimated
total cost of the treatment works does not exceed $3,000,000.
Subsec. (e). Pub. L. 95-217, Sec. 19, added subsec. (e).
1974 - Subsec. (d). Pub. L. 93-243 added subsec. (d).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1284, 1285, 1311 of this
title.

-End-



-CITE-
33 USC Sec. 1284 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. 1284. Limitations and conditions

-STATUTE-
(a) Determinations by Administrator
Before approving grants for any project for any treatment works
under section 1281(g)(1) of this title the Administrator shall
determine -
(1) that any required areawide waste treatment management plan
under section 1288 of this title (A) is being implemented for
such area and the proposed treatment works are included in such
plan, or (B) is being developed for such area and reasonable
progress is being made toward its implementation and the proposed
treatment works will be included in such plan;
(2) that (A) the State in which the project is to be located
(i) is implementing any required plan under section 1313(e) of
this title and the proposed treatment works are in conformity
with such plan, or (ii) is developing such a plan and the
proposed treatment works will be in conformity with such plan,
and (B) such State is in compliance with section 1315(b) of this
title;
(3) that such works have been certified by the appropriate
State water pollution control agency as entitled to priority over
such other works in the State in accordance with any applicable
State plan under section 1313(e) of this title, except that any
priority list developed pursuant to section 1313(e)(3)(H) of this
title may be modified by such State in accordance with
regulations promulgated by the Administrator to give higher
priority for grants for the Federal share of the cost of
preparing construction drawings and specifications for any
treatment works utilizing processes and techniques meeting the
guidelines promulgated under section 1314(d)(3) of this title and
for grants for the combined Federal share of the cost of
preparing construction drawings and specifications and the
building and erection of any treatment works meeting the
requirements of the next to the last sentence of section 1283(a)
of this title which utilizes processes and techniques meeting the
guidelines promulgated under section 1314(d)(3) of this
title.(!1)

(4) that the applicant proposing to construct such works agrees
to pay the non-Federal costs of such works and has made adequate
provisions satisfactory to the Administrator for assuring proper
and efficient operation, including the employment of trained
management and operations personnel, and the maintenance of such
works in accordance with a plan of operation approved by the
State water pollution control agency or, as appropriate, the
interstate agency, after construction thereof;
(5) that the size and capacity of such works relate directly to
the needs to be served by such works, including sufficient
reserve capacity. The amount of reserve capacity provided shall
be approved by the Administrator on the basis of a comparison of
the cost of constructing such reserves as a part of the works to
be funded and the anticipated cost of providing expanded capacity
at a date when such capacity will be required, after taking into
account, in accordance with regulations promulgated by the
Administrator, efforts to reduce total flow of sewage and
unnecessary water consumption. The amount of reserve capacity
eligible for a grant under this subchapter shall be determined by
the Administrator taking into account the projected population
and associated commercial and industrial establishments within
the jurisdiction of the applicant to be served by such treatment
works as identified in an approved facilities plan, an areawide
plan under section 1288 of this title, or an applicable municipal
master plan of development. For the purpose of this paragraph,
section 1288 of this title, and any such plan, projected
population shall be determined on the basis of the latest
information available from the United States Department of
Commerce or from the States as the Administrator, by regulation,
determines appropriate. Beginning October 1, 1984, no grant shall
be made under this subchapter to construct that portion of any
treatment works providing reserve capacity in excess of existing
needs (including existing needs of residential, commercial,
industrial, and other users) on the date of approval of a grant
for the erection, building, acquisition, alteration, remodeling,
improvement, or extension of a project for secondary treatment or
more stringent treatment or new interceptors and appurtenances,
except that in no event shall reserve capacity of a facility and
its related interceptors to which this subsection applies be in
excess of existing needs on October 1, 1990. In any case in which
an applicant proposes to provide reserve capacity greater than
that eligible for Federal financial assistance under this
subchapter, the incremental costs of the additional reserve
capacity shall be paid by the applicant;
(6) that no specification for bids in connection with such
works shall be written in such a manner as to contain
proprietary, exclusionary, or discriminatory requirements other
than those based upon performance, unless such requirements are
necessary to test or demonstrate a specific thing or to provide
for necessary interchangeability of parts and equipment. When in
the judgment of the grantee, it is impractical or uneconomical to
make a clear and accurate description of the technical
requirements, a "brand name or equal" description may be used as
a means to define the performance or other salient requirements
of a procurement, and in doing so the grantee need not establish
the existence of any source other than the brand or source so
named.
(b) Additional determinations; issuance of guidelines; approval by
Administrator; system of charges
(1) Notwithstanding any other provision of this subchapter, the
Administrator shall not approve any grant for any treatment works
under section 1281(g)(1) of this title after March 1, 1973, unless
he shall first have determined that the applicant (A) has adopted
or will adopt a system of charges to assure that each recipient of
waste treatment services within the applicant's jurisdiction, as
determined by the Administrator, will pay its proportionate share
(except as otherwise provided in this paragraph) of the costs of
operation and maintenance (including replacement) of any waste
treatment services provided by the applicant; and (B) has legal,
institutional, managerial, and financial capability to insure (continued)