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(continued)
adequate construction, operation, and maintenance of treatment
works throughout the applicant's jurisdiction, as determined by the
Administrator. In any case where an applicant which, as of December
27, 1977, uses a system of dedicated ad valorem taxes and the
Administrator determines that the applicant has a system of charges
which results in the distribution of operation and maintenance
costs for treatment works within the applicant's jurisdiction, to
each user class, in proportion to the contribution to the total
cost of operation and maintenance of such works by each user class
(taking into account total waste water loading of such works, the
constituent elements of the wastes, and other appropriate factors),
and such applicant is otherwise in compliance with clause (A) of
this paragraph with respect to each industrial user, then such
dedicated ad valorem tax system shall be deemed to be the user
charge system meeting the requirements of clause (A) of this
paragraph for the residential user class and such small
non-residential user classes as defined by the Administrator. In
defining small non-residential users, the Administrator shall
consider the volume of wastes discharged into the treatment works
by such users and the constituent elements of such wastes as well
as such other factors as he deems appropriate. A system of user
charges which imposes a lower charge for low-income residential
users (as defined by the Administrator) shall be deemed to be a
user charge system meeting the requirements of clause (A) of this
paragraph if the Administrator determines that such system was
adopted after public notice and hearing.
(2) The Administrator shall, within one hundred and eighty days
after October 18, 1972, and after consultation with appropriate
State, interstate, municipal, and intermunicipal agencies, issue
guidelines applicable to payment of waste treatment costs by
industrial and nonindustrial recipients of waste treatment services
which shall establish (A) classes of users of such services,
including categories of industrial users; (B) criteria against
which to determine the adequacy of charges imposed on classes and
categories of users reflecting all factors that influence the cost
of waste treatment, including strength, volume, and delivery flow
rate characteristics of waste; and (C) model systems and rates of
user charges typical of various treatment works serving
municipal-industrial communities.
(3) Approval by the Administrator of a grant to an interstate
agency established by interstate compact for any treatment works
shall satisfy any other requirement that such works be authorized
by Act of Congress.
(4) A system of charges which meets the requirement of clause (A)
of paragraph (1) of this subsection may be based on something other
than metering the sewage or water supply flow of residential
recipients of waste treatment services, including ad valorem taxes.
If the system of charges is based on something other than metering
the Administrator shall require (A) the applicant to establish a
system by which the necessary funds will be available for the
proper operation and maintenance of the treatment works; and (B)
the applicant to establish a procedure under which the residential
user will be notified as to that portion of his total payment which
will be allocated to the cost of the waste treatment services.
(c) Applicability of reserve capacity restrictions to primary,
secondary, or advanced waste treatment facilities or related
interceptors
The next to the last sentence of paragraph (5) of subsection (a)
of this section shall not apply in any case where a primary,
secondary, or advanced waste treatment facility or its related
interceptors has received a grant for erection, building,
acquisition, alteration, remodeling, improvement, or extension
before October 1, 1984, and all segments and phases of such
facility and interceptors shall be funded based on a 20-year
reserve capacity in the case of such facility and a 20-year reserve
capacity in the case of such interceptors, except that, if a grant
for such interceptors has been approved prior to December 29, 1981,
such interceptors shall be funded based on the approved reserve
capacity not to exceed 40 years.
(d) Engineering requirements; certification by owner and operator;
contractual assurances, etc.
(1) A grant for the construction of treatment works under this
subchapter shall provide that the engineer or engineering firm
supervising construction or providing architect engineering
services during construction shall continue its relationship to the
grant applicant for a period of one year after the completion of
construction and initial operation of such treatment works. During
such period such engineer or engineering firm shall supervise
operation of the treatment works, train operating personnel, and
prepare curricula and training material for operating personnel.
Costs associated with the implementation of this paragraph shall be
eligible for Federal assistance in accordance with this subchapter.
(2) On the date one year after the completion of construction and
initial operation of such treatment works, the owner and operator
of such treatment works shall certify to the Administrator whether
or not such treatment works meet the design specifications and
effluent limitations contained in the grant agreement and permit
pursuant to section 1342 of this title for such works. If the owner
and operator of such treatment works cannot certify that such
treatment works meet such design specifications and effluent
limitations, any failure to meet such design specifications and
effluent limitations shall be corrected in a timely manner, to
allow such affirmative certification, at other than Federal
expense.
(3) Nothing in this section shall be construed to prohibit a
grantee under this subchapter from requiring more assurances,
guarantees, or indemnity or other contractual requirements from any
party to a contract pertaining to a project assisted under this
subchapter, than those provided under this subsection.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 204, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 835; amended Pub. L.
95-217, Secs. 20-24, Dec. 27, 1977, 91 Stat. 1572, 1573; Pub. L.
96-483, Sec. 2(a), (b), Oct. 21, 1980, 94 Stat. 2360, 2361; Pub. L.
97-117, Secs. 10(a), (b), 11, 12, Dec. 29, 1981, 95 Stat. 1626,
1627; Pub. L. 100-4, title II, Sec. 205(a)-(c), Feb. 4, 1987, 101
Stat. 18.)


-MISC1-
AMENDMENTS
1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 205(a), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: "that
such works are included in any applicable areawide waste treatment
management plan developed under section 1288 of this title;".
Subsec. (a)(2). Pub. L. 100-4, Sec. 205(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "that such
works are in conformity with any applicable State plan under
section 1313(e) of this title;".
Subsec. (b)(1). Pub. L. 100-4, Sec. 205(c), inserted at end "A
system of user charges which imposes a lower charge for low-income
residential users (as defined by the Administrator) shall be deemed
to be a user charge system meeting the requirements of clause (A)
of this paragraph if the Administrator determines that such system
was adopted after public notice and hearing."
1981 - Subsec. (a)(5). Pub. L. 97-117, Sec. 10(a), inserted
provision that beginning Oct. 1, 1984, no grant be made under this
subchapter to construct that portion of any treatment works
providing reserve capacity in excess of existing needs on the date
of approval of a grant for the erection, building, etc., 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
Oct. 1, 1990, and that 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 be paid by the applicant.
Subsec. (a)(6). Pub. L. 97-117, Sec. 11, struck out ", or at
least two brand names or trade names of comparable quality or
utility are listed and are followed by the words 'or equal' " after
"parts and equipment" and inserted provision that 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 be used as a means to define
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.
Subsec. (c). Pub. L. 97-117, Sec. 10(b), added subsec. (c).
Subsec. (d). Pub. L. 97-117, Sec. 12, added subsec. (d).
1980 - Subsec. (b)(1). Pub. L. 96-483, Sec. 2(a), redesignated
cl. (C) as (B). Former cl. (B) relating to payment, as a condition
of approval of a grant, to an applicant by industrial users of that
portion of cost of construction allocable to the treatment of such
industrial waste to the extent attributable to the Federal share of
the cost of construction, was struck out.
Subsec. (b)(3) to (6). Pub. L. 96-483, Sec. 2(b), redesignated
pars. (4) and (5) as (3) and (4), respectively. Former par. (3)
relating to a formula determining the amount the grantee shall
retain of the revenues derived from the payment of costs by
industrial users of waste treatment services, to the extent costs
are attributable to the Federal share of eligible project costs,
and former par. (6) relating to the exemption from the requirements
of par. (1)(B) of industrial users with a flow of twenty-five
thousand gallons or less per day, were struck out.
1977 - Subsec. (a)(3). Pub. L. 95-217, Sec. 20, provided 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.
Subsec. (a)(5). Pub. L. 95-217, Sec. 21, provided that efforts to
reduce total flow of sewage and unnecessary water consumption be
taken into account, in accordance with regulations promulgated by
the Administrator, that the amount of reserve capacity eligible for
a grant under this subchapter 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,
and that, for the purpose of this paragraph, section 1288 of this
title, and any such plan, projected population 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.
Subsec. (b)(1). Pub. L. 95-217, Secs. 22(a)(1), (2), 24(c),
inserted "(except as otherwise provided in this paragraph)" after
"proportionate share" in cl. (A) and "(which such portion, in the
discretion of the applicant, may be recovered from industrial users
of the total waste treatment system as distinguished from the
treatment works for which the grant is made)" in cl. (B) and, at
end of existing provisions, inserted sentences under which a
dedicated ad valorem tax system is to be deemed the user charge
system meeting the requirements of cl. (A) for the residential user
class and such small non-residential user classes as defined by the
Administrator in cases where an applicant, as of Dec. 27, 1977,
uses a system of dedicated ad valorem taxes and the Administrator
determines that the applicant has a system of charges which results
in the distribution of operation and maintenance costs for
treatment works within the applicant's jurisdiction, to each user
class, in proportion to the contribution to the total cost of
operation and maintenance of such works by each user class (taking
into account total waste water loading of such works, the
constituent elements of the wastes, and other appropriate factors),
and such applicant is otherwise in compliance with cl. (A) of this
paragraph with respect to each industrial user.
Subsec. (b)(3). Pub. L. 95-217, Secs. 23, 24(a), substituted
"necessary for the administrative costs associated with the
requirement of paragraph (1)(B) of this subsection and future
expansion" for "necessary for future expansion" in cl. (B) and, at
end of existing provisions, inserted sentence under which, subject
to the approval of the Administrator, the following: "Not a grantee
that received a grant prior to Dec. 27, 1977, may reduce the
amounts required to be paid to such grantee by any industrial user
of waste treatment services under such paragraph, if such grantee
requires such industrial user to adopt other means of reducing the
demand for waste treatment services through reduction in the total
flow of sewage or unnecessary water consumption, in proportion to
such reduction as determined in accordance with regulations
promulgated by the Administrator".
Subsec. (b)(5), (6). Pub. L. 95-217, Secs. 22(b), 24(b), added
pars. (5) and (6).

EFFECTIVE DATE OF 1987 AMENDMENT
Section 205(d) of Pub. L. 100-4 provided that: "This section
[amending this section] shall take effect on the date of the
enactment of this Act [Feb. 4, 1987], except that the amendments
made by subsections (a) and (b) [amending this section] shall take
effect on the last day of the two-year period beginning on such
date of enactment."

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

ELIMINATION OF INAPPLICABLE CONDITIONS OR REQUIREMENTS FROM CERTAIN
GRANTS
Section 2(c) of Pub. L. 96-483 provided that: "The Administrator
of the Environmental Protection Agency shall take such action as
may be necessary to remove from any grant made under section
201(g)(1) of the Federal Water Pollution Control Act [section
1281(g)(1) of this title] after March 1, 1973, and prior to the
date of enactment of this Act [Oct. 21, 1980], any condition or
requirement no longer applicable as a result of the repeals made by
subsections (a) and (b) of this section [amending subsec. (b) of
this section] or release any grant recipient of the obligations
established by such conditions or other requirement."
Section 2(c) of Pub. L. 96-483, set out above, effective Dec. 27,
1977, see section 2(g) of Pub. L. 96-483, set out as an Effective
Date of 1980 Amendment note under section 1281 of this title.

COST RECOVERY; SUSPENSION OF GRANT REQUIREMENTS THAT INDUSTRIAL
USERS MAKE PAYMENTS
Section 75 of Pub. L. 95-217, as amended by Pub. L. 96-148, Sec.
1, Dec. 16, 1979, 93 Stat. 1088; Pub. L. 96-483, Sec. 2(f), Oct.
21, 1980, 94 Stat. 2361, directed Administrator of Environmental
Protection Agency to study and report to Congress not later than
last day of twelfth month which begins after Dec. 27, 1977, cost
recovery procedures from industrial users of treatment works to the
extent construction costs are attributable to the Federal share of
the cost of construction.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1259, 1281, 1285, 1311,
1342, 1382 of this title.

-FOOTNOTE-


(!1) So in original. The period probably should be a semicolon.


-End-



-CITE-
33 USC Sec. 1285 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. 1285. Allotment of grant funds

-STATUTE-
(a) Funds for fiscal years during period June 30, 1972, and
September 30, 1977; determination of amount
Sums authorized to be appropriated pursuant to section 1287 of
this title for each fiscal year beginning after June 30, 1972, and
before September 30, 1977, shall be allotted by the Administrator
not later than the January 1st immediately preceding the beginning
of the fiscal year for which authorized, except that the allotment
for fiscal year 1973 shall be made not later than 30 days after
October 18, 1972. Such sums shall be allotted among the States by
the Administrator in accordance with regulations promulgated by
him, in the ratio that the estimated cost of constructing all
needed publicly owned treatment works in each State bears to the
estimated cost of construction of all needed publicly owned
treatment works in all of the States. For the fiscal years ending
June 30, 1973, and June 30, 1974, such ratio shall be determined on
the basis of table III of House Public Works Committee Print No.
92-50. For the fiscal year ending June 30, 1975, such ratio shall
be determined one-half on the basis of table I of House Public
Works Committee Print Numbered 93-28 and one-half on the basis of
table II of such print, except that no State shall receive an
allotment less than that which it received for the fiscal year
ending June 30, 1972, as set forth in table III of such print.
Allotments for fiscal years which begin after the fiscal year
ending June 30, 1975, shall be made only in accordance with a
revised cost estimate made and submitted to Congress in accordance
with section 1375(b) of this title and only after such revised cost
estimate shall have been approved by law specifically enacted after
October 18, 1972.
(b) Availability and use of funds allotted for fiscal years during
period June 30, 1972, and September 30, 1977; reallotment
(1) Any sums allotted to a State under subsection (a) of this
section shall be available for obligation under section 1283 of
this title on and after the date of such allotment. Such sums shall
continue available for obligation in such State for a period of one
year after the close of the fiscal year for which such sums are
authorized. Any amounts so allotted which are not obligated by the
end of such one-year period shall be immediately reallotted by the
Administrator, in accordance with regulations promulgated by him,
generally on the basis of the ratio used in making the last
allotment of sums under this section. Such reallotted sums shall be
added to the last allotments made to the States. Any sum made
available to a State by reallotment under this subsection shall be
in addition to any funds otherwise allotted to such State for
grants under this subchapter during any fiscal year.
(2) Any sums which have been obligated under section 1283 of this
title and which are released by the payment of the final voucher
for the project shall be immediately credited to the State to which
such sums were last allotted. Such released sums shall be added to
the amounts last allotted to such State and shall be immediately
available for obligation in the same manner and to the same extent
as such last allotment.
(c) Funds for fiscal years during period October 1, 1977, and
September 30, 1981; funds for fiscal years 1982 to 1990;
determination of amount
(1) Sums authorized to be appropriated pursuant to section 1287
of this title for the fiscal years during the period beginning
October 1, 1977, and ending September 30, 1981, shall be allotted
for each such year by the Administrator not later than the tenth
day which begins after December 27, 1977. Notwithstanding any other
provision of law, sums authorized for the fiscal years ending
September 30, 1978, September 30, 1979, September 30, 1980, and
September 30, 1981, shall be allotted in accordance with table 3 of
Committee Print Numbered 95-30 of the Committee on Public Works and
Transportation of the House of Representatives.
(2) Sums authorized to be appropriated pursuant to section 1287
of this title for the fiscal years 1982, 1983, 1984, and 1985 shall
be allotted for each such year by the Administrator not later than
the tenth day which begins after December 29, 1981. Notwithstanding
any other provision of law, sums authorized for the fiscal year
ending September 30, 1982, shall be allotted in accordance with
table 3 of Committee Print Numbered 95-30 of the Committee on
Public Works and Transportation of the House of Representatives.
Sums authorized for the fiscal years ending September 30, 1983,
September 30, 1984, September 30, 1985, and September 30, 1986,
shall be allotted in accordance with the following table:


States: Fiscal years 1983
through 1985 (!1)
--------------------------------------------------------------------
Alabama .011398

Alaska .006101
Arizona .006885
Arkansas .006668
California .072901
Colorado .008154
Connecticut .012487
Delaware .004965
District of Columbia .004965
Florida .034407
Georgia .017234
Hawaii .007895
Idaho .004965
Illinois .046101
Indiana .024566
Iowa .013796
Kansas .009201
Kentucky .012973
Louisiana .011205
Maine .007788
Maryland .024653
Massachusetts .034608
Michigan .043829
Minnesota .018735
Mississippi .009184
Missouri .028257
Montana .004965
Nebraska .005214
Nevada .004965
New Hampshire .010186
New Jersey .041654
New Mexico .004965
New York .113097
North Carolina .018396
North Dakota .004965
Ohio .057383
Oklahoma .008235
Oregon .011515
Pennsylvania .040377
Rhode Island .006750
South Carolina .010442
South Dakota .004965
Tennessee .014807
Texas .038726
Utah .005371
Vermont .004965
Virginia .020861
Washington .017726
West Virginia .015890
Wisconsin .027557
Wyoming .004965
Samoa .000915
Guam .000662
Northern Marianas .000425
Puerto Rico .013295
Pacific Trust Territories .001305
Virgin Islands .000531
-------------------
United States totals .999996
--------------------------------------------------------------------

(3) Fiscal years 1987-1990. - Sums authorized to be appropriated
pursuant to section 1287 of this title for the fiscal years 1987,
1988, 1989, and 1990 shall be allotted for each such year by the
Administrator not later than the 10th day which begins after
February 4, 1987. Sums authorized for such fiscal years shall be
allotted in accordance with the following table:


States:
--------------------------------------------------------------------
Alabama .011309
Alaska .006053
Arizona .006831
Arkansas .006616
California .072333
Colorado .008090
Connecticut .012390
Delaware .004965
District of Columbia .004965
Florida .034139
Georgia .017100
Hawaii .007833
Idaho .004965
Illinois .045741
Indiana .024374
Iowa .013688
Kansas .009129
Kentucky .012872
Louisiana .011118
Maine .007829
Maryland .024461
Massachusetts .034338
Michigan .043487
Minnesota .018589
Mississippi .009112
Missouri .028037
Montana .004965
Nebraska .005173
Nevada .004965
New Hampshire .010107
New Jersey .041329
New Mexico .004965
New York .111632
North Carolina .018253
North Dakota .004965
Ohio .056936
Oklahoma .008171
Oregon .011425
Pennsylvania .040062
Rhode Island .006791
South Carolina .010361
South Dakota .004965
Tennessee .014692
Texas .046226
Utah .005329
Vermont .004965
Virginia .020698
Washington .017588
West Virginia .015766
Wisconsin .027342
Wyoming .004965
American Samoa .000908
Guam .000657
Northern Marianas .000422
Puerto Rico .013191
Pacific Trust Territories .001295
Virgin Islands .000527
--------------------------------------------------------------------

(d) Availability and use of funds; reallotment
Sums allotted to the States for a fiscal year shall remain
available for obligation for the fiscal year for which authorized
and for the period of the next succeeding twelve months. The amount
of any allotment not obligated by the end of such twenty-four-month
period shall be immediately reallotted by the Administrator on the
basis of the same ratio as applicable to sums allotted for the then
current fiscal year, except that none of the funds reallotted by
the Administrator for fiscal year 1978 and for fiscal years
thereafter shall be allotted to any State which failed to obligate
any of the funds being reallotted. Any sum made available to a
State by reallotment under this subsection shall be in addition to
any funds otherwise allotted to such State for grants under this
subchapter during any fiscal year.
(e) Minimum allotment; additional appropriations; ratio of amount
available
For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984,
1985, 1986, 1987, 1988, 1989, and 1990, no State shall receive less
than one-half of 1 per centum of the total allotment under
subsection (c) of this section, except that in the case of Guam,
Virgin Islands, American Samoa, and the Trust Territories not more
than thirty-three one-hundredths of 1 per centum in the aggregate
shall be allotted to all four of these jurisdictions. For the
purpose of carrying out this subsection there are authorized to be
appropriated, subject to such amounts as are provided in
appropriation Acts, not to exceed $75,000,000 for each of fiscal
years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987,
1988, 1989, and 1990. If for any fiscal year the amount
appropriated under authority of this subsection is less than the
amount necessary to carry out this subsection, the amount each
State receives under this subsection for such year shall bear the
same ratio to the amount such State would have received under this
subsection in such year if the amount necessary to carry it out had
been appropriated as the amount appropriated for such year bears to
the amount necessary to carry out this subsection for such year.
(f) Omitted
(g) Reservation of funds; State management assistance
(1) The Administrator is authorized to reserve each fiscal year
not to exceed 2 per centum of the amount authorized under section
1287 of this title for purposes of the allotment made to each State
under this section on or after October 1, 1977, except in the case
of any fiscal year beginning on or after October 1, 1981, and
ending before October 1, 1994, in which case the percentage
authorized to be reserved shall not exceed 4 per centum.(!2) or
$400,000 whichever amount is the greater. Sums so reserved shall be
available for making grants to such State under paragraph (2) of
this subsection for the same period as sums are available from such
allotment under subsection (d) of this section, and any such grant
shall be available for obligation only during such period. Any
grant made from sums reserved under this subsection which has not
been obligated by the end of the period for which available shall
be added to the amount last allotted to such State under this
section and shall be immediately available for obligation in the
same manner and to the same extent as such last allotment. Sums
authorized to be reserved by this paragraph shall be in addition to
and not in lieu of any other funds which may be authorized to carry
out this subsection.

(2) The Administrator is authorized to grant to any State from
amounts reserved to such State under this subsection, the
reasonable costs of administering any aspects of sections 1281,
1283, 1284, and 1292 of this title the responsibility for
administration of which the Administrator has delegated to such
State. The Administrator may increase such grant to take into
account the reasonable costs of administering an approved program
under section 1342 or 1344 of this title, administering a
state-wide waste treatment management planning program under
section 1288(b)(4) of this title, and managing waste treatment
construction grants for small communities.
(h) Alternate systems for small communities
The Administrator shall set aside from funds authorized for each
fiscal year beginning on or after October 1, 1978, a total (as
determined by the Governor of the State) of not less than 4 percent
nor more than 7 1/2 percent of the sums allotted to any State with
a rural population of 25 per centum or more of the total population
of such State, as determined by the Bureau of the Census. The
Administrator may set aside no more than 7 1/2 percent of the sums
allotted to any other State for which the Governor requests such
action. Such sums shall be available only for alternatives to
conventional sewage treatment works for municipalities having a
population of three thousand five hundred or less, or for the
highly dispersed sections of larger municipalities, as defined by
the Administrator.
(i) Set-aside for innovative and alternative projects
Not less than 1/2 of 1 percent of funds allotted to a State for
each of the fiscal years ending September 30, 1979, through
September 30, 1990, under subsection (c) of this section shall be
expended only for increasing the Federal share of grants for
construction of treatment works utilizing innovative processes and
techniques pursuant to section 1282(a)(2) of this title. Including
the expenditures authorized by the preceding sentence, a total of 2
percent of the funds allotted to a State for each of the fiscal
years ending September 30, 1979, and September 30, 1980, and 3
percent of the funds allotted to a State for the fiscal year ending
September 30, 1981, under subsection (c) of this section shall be
expended only for increasing grants for construction of treatment
works pursuant to section 1282(a)(2) of this title. Including the
expenditures authorized by the first sentence of this subsection, a
total (as determined by the Governor of the State) of not less than
4 percent nor more than 7 1/2 percent of the funds allotted to
such State under subsection (c) of this section for each of the
fiscal years ending September 30, 1982, through September 30, 1990,
shall be expended only for increasing the Federal share of grants
for construction of treatment works pursuant to section 1282(a)(2)
of this title.
(j) Water quality management plan; reservation of funds for
nonpoint source management
(1) The Administrator shall reserve each fiscal year not to
exceed 1 per centum of the sums allotted and available for
obligation to each State under this section for each fiscal year
beginning on or after October 1, 1981, or $100,000, whichever
amount is the greater.
(2) Such sums shall be used by the Administrator to make grants
to the States to carry out water quality management planning,
including, but not limited to -
(A) identifying most cost effective and locally acceptable
facility and non-point measures to meet and maintain water
quality standards;
(B) developing an implementation plan to obtain State and local
financial and regulatory commitments to implement measures
developed under subparagraph (A);
(C) determining the nature, extent, and causes of water quality
problems in various areas of the State and interstate region, and
reporting on these annually; and
(D) determining those publicly owned treatment works which
should be constructed with assistance under this subchapter, in
which areas and in what sequence, taking into account the
relative degree of effluent reduction attained, the relative
contributions to water quality of other point or nonpoint
sources, and the consideration of alternatives to such
construction, and implementing section 1313(e) of this title.

(3) In carrying out planning with grants made under paragraph (2)
of this subsection, a State shall develop jointly with local,
regional, and interstate entities, a plan for carrying out the
program and give funding priority to such entities and designated
or undesignated public comprehensive planning organizations to
carry out the purposes of this subsection. In giving such priority,
the State shall allocate at least 40 percent of the amount granted
to such State for a fiscal year under paragraph (2) of this
subsection to regional public comprehensive planning organizations
in such State and appropriate interstate organizations for the
development and implementation of the plan described in this
paragraph. In any fiscal year for which the Governor, in
consultation with such organizations and with the approval of the
Administrator, determines that allocation of at least 40 percent of
such amount to such organizations will not result in significant
participation by such organizations in water quality management
planning and not significantly assist in development and
implementation of the plan described in this paragraph and
achieving the goals of this chapter, the allocation to such
organization may be less than 40 percent of such amount.
(4) All activities undertaken under this subsection shall be in
coordination with other related provisions of this chapter.
(5) Nonpoint source reservation. - In addition to the sums
reserved under paragraph (1), the Administrator shall reserve each
fiscal year for each State 1 percent of the sums allotted and
available for obligation to such State under this section for each
fiscal year beginning on or after October 1, 1986, or $100,000,
whichever is greater, for the purpose of carrying out section 1329
of this title. Sums so reserved in a State in any fiscal year for
which such State does not request the use of such sums, to the
extent such sums exceed $100,000, may be used by such State for
other purposes under this subchapter.
(k) New York City Convention Center
The Administrator shall allot to the State of New York from sums
authorized to be appropriated for the fiscal year ending September
30, 1982, an amount necessary to pay the entire cost of conveying
sewage from the Convention Center of the city of New York to the
Newtown sewage treatment plant, Brooklyn-Queens area, New York. The
amount allotted under this subsection shall be in addition to and
not in lieu of any other amounts authorized to be allotted to such
State under this chapter.
(l) Marine estuary reservation
(1) Reservation of funds
(A) General rule
Prior to making allotments among the States under subsection
(c) of this section, the Administrator shall reserve funds from
sums appropriated pursuant to section 1287 of this title for
each fiscal year beginning after September 30, 1986.
(B) Fiscal years 1987 and 1988
For each of fiscal years 1987 and 1988 the reservation shall
be 1 percent of the sums appropriated pursuant to section 1287
of this title for such fiscal year.
(C) Fiscal years 1989 and 1990
For each of fiscal years 1989 and 1990 the reservation shall
be 1 1/2 percent of the funds appropriated pursuant to section
1287 of this title for such fiscal year.
(2) Use of funds
Of the sums reserved under this subsection, two-thirds shall be
available 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, and one-third
shall be available for the implementation of section 1330 of this
title, relating to the national estuary program.
(3) Period of availability
Sums reserved under this subsection shall be subject to the
period of availability for obligation established by subsection
(d) of this section.
(4) Treatment of certain body of water
For purposes of this section and section 1281(n) of this title,
Newark Bay, New Jersey, and the portion of the Passaic River up
to Little Falls, in the vicinity of Beatties Dam, shall be
treated as a marine bay and estuary.
(m) Discretionary deposits into State water pollution control
revolving funds
(1) From construction grant allotments
In addition to any amounts deposited in a water pollution
control revolving fund established by a State under subchapter VI
of this chapter, upon request of the Governor of such State, the
Administrator shall make available to the State for deposit, as
capitalization grants, in such fund in any fiscal year beginning
after September 30, 1986, such portion of the amounts allotted to
such State under this section for such fiscal year as the
Governor considers appropriate; except that (A) in fiscal year
1987, such deposit may not exceed 50 percent of the amounts
allotted to such State under this section for such fiscal year,
and (B) in fiscal year 1988, such deposit may not exceed 75
percent of the amounts allotted to such State under this section
for this fiscal year.
(2) Notice requirement
The Governor of a State may make a request under paragraph (1)
for a deposit into the water pollution control revolving fund of
such State -
(A) in fiscal year 1987 only if no later than 90 days after
February 4, 1987, and
(B) in each fiscal year thereafter only if 90 days before the
first day of such fiscal year,

the State provides notice of its intent to make such deposit.
(3) Exception
Sums reserved under section 1285(j) of this title shall not be
available for obligation under this subsection.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 205, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 837; amended Pub. L.
93-243, Sec. 1, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs.
25, 26(a), 27, 28, Dec. 27, 1977, 91 Stat. 1574, 1575; Pub. L.
96-483, Sec. 11, Oct. 21, 1980, 94 Stat. 2363; Pub. L. 97-117,
Secs. 8(c), 13-16, Dec. 29, 1981, 95 Stat. 1625, 1627-1629; Pub. L.
100-4, title II, Secs. 206(a)-(c), 207-210, 212(b), title III, Sec.
316(d), Feb. 4, 1987, 101 Stat. 19-21, 27, 60; Pub. L. 105-362,
title V, Sec. 501(d)(2)(C), Nov. 10, 1998, 112 Stat. 3284; Pub. L.
107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

-COD-
CODIFICATION
Subsec. (f) provided that sums made available for obligation
between Jan. 1, 1975, and Mar. 1, 1975, be available for obligation
until Sept. 30, 1978.


-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-303 repealed Pub. L. 105-362,
Sec. 501(d)(2)(C). See 1998 Amendment note below.
1998 - Subsec. (a). Pub. L. 105-362, Sec. 501(d)(2)(C), which
directed the substitution of "section 1375 of this title" for
"section 1375(b) of this title" in last sentence, was repealed by
Pub. L. 107-303. See Effective Date of 2002 Amendment note below.
1987 - Subsec. (c)(2). Pub. L. 100-4, Sec. 206(a)(1), substituted
"September 30, 1985, and September 30, 1986" for "and September 30,
1985".
Subsec. (c)(3). Pub. L. 100-4, Sec. 206(a)(2), added par. (3).
Subsec. (e). Pub. L. 100-4, Sec. 206(b), substituted "1985, 1986,
1987, 1988, 1989, and 1990" for "and 1985" in two places.
Subsec. (g)(1). Pub. L. 100-4, Sec. 206(c), substituted "October
1, 1994" for "October 1, 1985".
Subsec. (h). Pub. L. 100-4, Sec. 207, substituted "a total (as
determined by the Governor of the State) of not less than 4 percent
nor more than 7 1/2 percent" for "four per centum" and "7 1/2 per
cent" for "four per centum".
Subsec. (i). Pub. L. 100-4, Sec. 208, amended subsec. (i)
generally. Prior to amendment, subsec. (i) read as follows: "Not
less than one-half of one per centum of funds allotted to a State
for each of the fiscal years ending September 30, 1979, September
30, 1980, September 30, 1981, September 30, 1982, September 30,
1983, September 30, 1984, and September 30, 1985, under subsection
(a) of this section shall be expended only for increasing the
Federal share of grants for construction of treatment works
utilizing innovative processes and techniques pursuant to section
1282(a)(2) of this title. Including the expenditures authorized by
the preceding sentence, a total of two per centum of the funds
allotted to a State for each of the fiscal years ending September
30, 1979, and September 30, 1980, and 3 per centum of the funds
allotted to a State for the fiscal year ending September 30, 1981,
under subsection (a) of thissection shall be expended only for (continued)