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(continued)
increasing grants for construction of treatment works from 75 per
centum to 85 per centum 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 per centum nor more than 7 1/2 per
centum of the funds allotted to such State for any fiscal year
beginning after September 30, 1981, under subsection (c) of this
section 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."
Subsec. (j)(3). Pub. L. 100-4, Sec. 209, inserted provision
directing State to allocate at least 40 percent of amount granted
under par. (2) to regional public comprehensive planning
organizations and appropriate interstate organizations for
development and implementation of plan, with exception for less
than 40 percent allocation in certain circumstances.
Subsec. (j)(5). Pub. L. 100-4, Sec. 316(d), added par. (5).
Subsec. (l). Pub. L. 100-4, Sec. 210, added subsec. (l).
Subsec. (m). Pub. L. 100-4, Sec. 212(b), added subsec. (m).
1981 - Subsec. (c). Pub. L. 97-117, Sec. 13(a), designated
existing provision as par. (1) and added par. (2).
Subsec. (e). Pub. L. 97-117, Sec. 13(b), substituted "1981, 1982,
1983, 1984, and 1985" for "and 1981" in two places.
Subsec. (g)(1). Pub. L. 97-117, Sec. 14, inserted "except in the
case of any fiscal year beginning on or after October 1, 1981, and
ending before October 1, 1985, in which case the percentage
authorized to be reserved shall not exceed 4 per centum." after
"October 1, 1977," and provision that sums authorized to be
reserved be in addition to and not in lieu of any other funds which
may be authorized to carry out this subsection.
Subsec. (i). Pub. L. 97-117, Sec. 8(c), substituted "September
30, 1981, September 30, 1982, September 30, 1983, September 30,
1984, and September 30, 1985" for "and September 30, 1981", struck
out "from 75 per centum to 85 per centum" after "innovative
processes and techniques", and inserted provision that including
the expenditures authorized by the first sentence of this
subsection, a total, as determined by the State Governor, of not
less than 4 per centum nor more than 7 1/2 per centum of the funds
allotted to such State for any fiscal year beginning after Sept.
30, 1981, under subsec. (c) of this section be expended only for
increasing the Federal share of grants for construction of
treatment works pursuant to section 1282(a)(2) of this title.
Subsecs. (j), (k). Pub. L. 97-117, Secs. 15, 16, added subsecs.
(j) and (k).
1980 - Subsec. (g)(1). Pub. L. 96-483 inserted "of the amount
authorized under section 1287 of this title for purposes" after "2
per centum".
1977 - Subsec. (a). Pub. L. 95-217, Sec. 25(a), substituted "each
fiscal year beginning after June 30, 1972, and before September 30,
1977" for "each fiscal year beginning after June 30, 1972".
Subsecs. (c) to (f). Pub. L. 95-217, Sec. 25(b), added subsecs.
(c) to (f).
Subsecs. (g) to (i). Pub. L. 95-217, Secs. 26(a), 27, 28, added
subsecs. (g) to (i).
1974 - Subsec. (a). Pub. L. 93-243 inserted provisions that for
the fiscal year ending June 30, 1975, the 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 and substituted "June 30,
1975" for "June 30, 1974" in sentence beginning "Allotments for
fiscal years".

-CHANGE-
CHANGE OF NAME
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation
and Infrastructure of House of Representatives by section 1(a) of
Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
The Congress.


-MISC2-
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
administered on and after Nov. 27, 2002, as if amendments made by
section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
section 302(b) of Pub. L. 107-303, set out as a note under section
1254 of this title.


-TRANS-
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.


-MISC3-
AVAILABILITY OF ALLOTTED SUMS IN SUBSEQUENT YEARS; REALLOTMENT OF
UNOBLIGATED SUMS
Section 7 of Pub. L. 96-483 provided that: "Notwithstanding
section 205(d) of the Federal Water Pollution Control Act (33
U.S.C. 1285), sums allotted to the States for the fiscal year 1979
shall remain available for obligation for the fiscal year for which
authorized and for the period of the next succeeding twenty-four
months. The amount of any allotment not obligated by the end of
such thirty-six 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 1979 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 section shall be in addition to any funds otherwise
allotted to such State for grants under title II of the Federal
Water Pollution Control Act [this subchapter] during any fiscal
year. This section shall take effect on September 30, 1980."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1254, 1259, 1266, 1281,
1282, 1283, 1329, 1377, 1382, 1383, 1384, 1414b of this title.

-FOOTNOTE-


(!1) So in original. Probably should be "1986".

(!2) So in original. The period probably should be a comma.


-End-



-CITE-
33 USC Sec. 1286 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. 1286. Reimbursement and advanced construction

-STATUTE-
(a) Publicly owned treatment works construction initiated after
June 30, 1966, but before July 1, 1973; reimbursement formula
Any publicly owned treatment works in a State on which
construction was initiated after June 30, 1966, but before July 1,
1973, which was approved by the appropriate State water pollution
control agency and which the Administrator finds meets the
requirements of section 1158 of this title in effect at the time of
the initiation of construction shall be reimbursed a total amount
equal to the difference between the amount of Federal financial
assistance, if any, received under such section 1158 of this title
for such project and 50 per centum of the cost of such project, or
55 per centum of the project cost where the Administrator also
determines that such treatment works was constructed in conformity
with a comprehensive metropolitan treatment plan as described in
section 1158(f) of this title as in effect immediately prior to
October 18, 1972. Nothing in this subsection shall result in any
such works receiving Federal grants from all sources in excess of
80 per centum of the cost of such project.
(b) Publicly owned treatment works construction initiated between
June 30, 1956, and June 30, 1966; reimbursement formula
Any publicly owned treatment works constructed with or eligible
for Federal financial assistance under this Act in a State between
June 30, 1956, and June 30, 1966, which was approved by the State
water pollution control agency and which the Administrator finds
meets the requirements of section 1158 of this title prior to
October 18, 1972 but which was constructed without assistance under
such section 1158 of this title or which received such assistance
in an amount less than 30 per centum of the cost of such project
shall qualify for payments and reimbursement of State or local
funds used for such project from sums allocated to such State under
this section in an amount which shall not exceed the difference
between the amount of such assistance, if any, received for such
project and 30 per centum of the cost of such project.
(c) Application for reimbursement
No publicly owned treatment works shall receive any payment or
reimbursement under subsection (a) or (b) of this section unless an
application for such assistance is filed with the Administrator
within the one year period which begins on October 18, 1972. Any
application filed within such one year period may be revised from
time to time, as may be necessary.
(d) Allocation of funds
The Administrator shall allocate to each qualified project under
subsection (a) of this section each fiscal year for which funds are
appropriated under subsection (e) of this section an amount which
bears the same ratio to the unpaid balance of the reimbursement due
such project as the total of such funds for such year bears to the
total unpaid balance of reimbursement due all such approved
projects on the date of enactment of such appropriation. The
Administrator shall allocate to each qualified project under
subsection (b) of this section each fiscal year for which funds are
appropriated under subsection (e) of this section an amount which
bears the same ratio to the unpaid balance of the reimbursement due
such project as the total of such funds for such year bears to the
total unpaid balance of reimbursement due all such approved
projects on the date of enactment of such appropriation.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out subsection
(a) of this section not to exceed $2,600,000,000 and, to carry out
subsection (b) of this section, not to exceed $750,000,000. The
authorizations contained in this subsection shall be the sole
source of funds for reimbursements authorized by this section.
(f) Additional funds
(1) In any case where a substantial portion of the funds allotted
to a State for the current fiscal year under this subchapter have
been obligated under section 1281(g) of this title, or will be so
obligated in a timely manner (as determined by the Administrator),
and there is construction of any treatment works project without
the aid of Federal funds and in accordance with all procedures and
all requirements applicable to treatment works projects, except
those procedures and requirements which limit construction of
projects to those constructed with the aid of previously allotted
Federal funds, the Administrator, upon his approval of an
application made under this subsection therefor, is authorized to
pay the Federal share of the cost of construction of such project
when additional funds are allotted to the State under this
subchapter if prior to the construction of the project the
Administrator approves plans, specifications, and estimates
therefor in the same manner as other treatment works projects. The
Administrator may not approve an application under this subsection
unless an authorization is in effect for the first fiscal year in
the period for which the application requests payment and such
requested payment for that fiscal year does not exceed the State's
expected allotment from such authorization. The Administrator shall
not be required to make such requested payment for any fiscal year
-
(A) to the extent that such payment would exceed such State's
allotment of the amount appropriated for such fiscal year; and
(B) unless such payment is for a project which, on the basis of
an approved funding priority list of such State, is eligible to
receive such payment based on the allotment and appropriation for
such fiscal year.

To the extent that sufficient funds are not appropriated to pay the
full Federal share with respect to a project for which obligations
under the provisions of this subsection have been made, the
Administrator shall reduce the Federal share to such amount less
than 75 per centum as such appropriations do provide.
(2) In determining the allotment for any fiscal year under this
subchapter, any treatment works project constructed in accordance
with this section and without the aid of Federal funds shall not be
considered completed until an application under the provisions of
this subsection with respect to such project has been approved by
the Administrator, or the availability of funds from which this
project is eligible for reimbursement has expired, whichever first
occurs.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 206, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 838; amended Pub. L.
93-207, Sec. 1(2), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217,
Sec. 29(a), Dec. 27, 1977, 91 Stat. 1576; Pub. L. 96-483, Sec. 5,
Oct. 21, 1980, 94 Stat. 2361.)

-REFTEXT-
REFERENCES IN TEXT
Section 1158 of this title, referred to in subsecs. (a) and (b),
refers to section 8 of act June 30, 1948, ch. 758, 62 Stat. 1158,
prior to the supersedure and reenactment of act June 30, 1948, by
act Oct. 18, 1972, Pub. L. 92-500, 86 Stat. 816. Provisions of
section 1158 of this title are covered by this subchapter.
This Act, referred to in subsec. (b), means act June 30, 1948,
ch. 758, 62 Stat. 1155, prior to the supersedure and reenactment of
act June 30, 1948 by act Oct. 18, 1972, Pub. L. 92-500, 86 Stat.
816. Act June 30, 1948, ch. 758, as added by act Oct. 18, 1972,
Pub. L. 92-500, 86 Stat. 816, enacted this chapter.


-MISC1-
AMENDMENTS
1980 - Subsec. (f)(1). Pub. L. 96-483 substituted "In any case
where a substantial portion of the funds allotted to a State for
the current fiscal year under this subchapter have been obligated
under section 1281(g) of this title, or will be so obligated in a
timely manner (as determined by the Administrator)" for "In any
case where all funds allotted to a State under this subchapter have
been obligated under section 1283 of this title", substituted
"first fiscal year" for "future fiscal year", inserted "in the
period" before "for which the application", substituted "and such
requested payment for that fiscal year does not exceed the State's
expected allotment from such authorization. The Administrator shall
not be required to make such requested payment for any fiscal year
- " for "which authorization will insure such payment without
exceeding the State's expected allotment from such authorization.",
and added subpars. (A), (B), and provisions following subpar. (B).
1977 - Subsec. (a). Pub. L. 95-217 substituted "July 1, 1973" for
"July 1, 1972".
1973 - Subsec. (e). Pub. L. 93-207 substituted "$2,600,000,000"
for "$2,000,000,000".

APPLICATION FOR ASSISTANCE FOR PUBLICLY OWNED TREATMENT WORKS WHERE
GRANTS WERE MADE BEFORE JULY 2, 1972, AND ON WHICH CONSTRUCTION WAS
INITIATED BEFORE JULY 1, 1973
Section 29(b) of Pub. L. 95-217 provided that applications for
assistance for publicly owned treatment works for which a grant was
made under this chapter before July 1, 1972, and on which
construction was initiated before July 1, 1973, be filed not later
than the ninetieth day after Dec. 27, 1977.

APPLICATION FOR ASSISTANCE
Section 2 of Pub. L. 93-207 provided that notwithstanding the
requirements of subsec. (c) of this section, applications for
assistance under this section could have been filed with the
Administrator until Jan. 31, 1974.

ALLOCATION OF CONSTRUCTION GRANTS APPROPRIATED FOR THE YEAR ENDING
JUNE 30, 1973; INTERIM PAYMENTS; LIMITATIONS
Section 3 of Pub. L. 93-207 provided that: "Funds available for
reimbursement under Public Law 92-399 [making appropriations for
Agriculture-Environmental and Consumer Protection Programs for the
fiscal year ending June 30, 1973] shall be allocated in accordance
with subsection (d) of section 206 of the Federal Water Pollution
Control Act (86 Stat. 838) [subsec. (d) of this section], pro rata
among all projects eligible under subsection (a) of such section
206 [subsec. (a) of this section] for which applications have been
submitted and approved by the Administrator pursuant to such Act
[this chapter]. Notwithstanding the provisions of subsection (d) of
such section 206, (1) the Administrator is authorized to make
interim payments to each such project for which an application has
been approved on the basis of estimates of maximum pro rata
entitlement of all applicants under section 206(a) and (2) for the
purpose of determining allocation of sums available under Public
Law 92-399, the unpaid balance of reimbursement due such projects
shall be computed as of January 31, 1974. Upon completion by the
Administrator of his audit and approval of all projects for which
an application has been filed under subsection (a) of such section
206, the Administrator shall, within the limits of appropriated
funds, allocate to each such qualified project the amount
remaining, if any, of its total entitlement. Amounts allocated to
projects which are later determined to be in excess of entitlement
shall be available for reallocation, until expended, to other
qualified projects under subsection (a) of such section 206. In no
event, however, shall any payments 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."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1287, 1293, 1376 of this
title.

-End-



-CITE-
33 USC Sec. 1287 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. 1287. Authorization of appropriations

-STATUTE-
There is authorized to be appropriated to carry out this
subchapter, other than sections 1286(e), 1288 and 1289 of this
title, for the fiscal year ending June 30, 1973, not to exceed
$5,000,000,000, for the fiscal year ending June 30, 1974, not to
exceed $6,000,000,000, and for the fiscal year ending June 30,
1975, not to exceed $7,000,000,000, and subject to such amounts as
are provided in appropriation Acts, for the fiscal year ending
September 30, 1977, $1,000,000,000 for the fiscal year ending
September 30, 1978, $4,500,000,000 and for the fiscal years ending
September 30, 1979, September 30, 1980, not to exceed
$5,000,000,000; for the fiscal year ending September 30, 1981, not
to exceed $2,548,837,000; and for the fiscal years ending September
30, 1982, September 30, 1983, September 30, 1984, and September 30,
1985, not to exceed $2,400,000,000 per fiscal year; and for each of
the fiscal years ending September 30, 1986, September 30, 1987, and
September 30, 1988, not to exceed $2,400,000,000; and for each of
the fiscal years ending September 30, 1989, and September 30, 1990,
not to exceed $1,200,000,000.

-SOURCE-
(June 30, 1948, ch. 758, title II, Sec. 207, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L.
93-207, Sec. 1(3), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217,
Sec. 30, Dec. 27, 1977, 91 Stat. 1576; Pub. L. 97-35, title XVIII,
Sec. 1801(a), Aug. 13, 1981, 95 Stat. 764; Pub. L. 97-117, Sec. 17,
Dec. 29, 1981, 95 Stat. 1630; Pub. L. 100-4, title II, Sec. 211,
Feb. 4, 1987, 101 Stat. 21.)


-MISC1-
AMENDMENTS
1987 - Pub. L. 100-4 inserted "; and for each of the fiscal years
ending September 30, 1986, September 30, 1987, and September 30,
1988, not to exceed $2,400,000,000; and for each of the fiscal
years ending September 30, 1989, and September 30, 1990, not to
exceed $1,200,000,000" before period at end.
1981 - Pub. L. 97-117 substituted "and for the fiscal years
ending September 30, 1982, September 30, 1983, September 30, 1984,
and September 30, 1985, not to exceed $2,400,000,000 per fiscal
year" for "and for the fiscal year ending September 30, 1982, not
to exceed $0, unless there is enacted legislation establishing an
allotment formula for fiscal year 1982 construction grant funds and
otherwise reforming the municipal sewage treatment construction
grant program under this subchapter, in which case the
authorization for fiscal year 1982 shall be an amount not to exceed
$2,400,000,000".
Pub. L. 97-35 substituted provisions authorizing not to exceed
$2,548,837,000 for fiscal year ending Sept. 30, 1981, and not to
exceed $0 for the fiscal year ending Sept. 30, 1982, unless an
allotment formula is enacted, in which case the authorization is
not to exceed $2,400,000,000, for provisions authorizing not to
exceed $5,000,000,000 for fiscal years ending Sept. 30, 1981 and
1982.
1977 - Pub. L. 95-217 inserted "and subject to such amounts as
are provided in appropriation Acts, for the fiscal year ending
September 30, 1977, $1,000,000,000 for the fiscal year ending
September 30, 1978, $4,500,000,000 and for the fiscal years ending
September 30, 1979, September 30, 1980, September 30, 1981, and
September 30, 1982, not to exceed $5,000,000,000 per fiscal year".
1973 - Pub. L. 93-207 inserted reference to section 1286(e) of
this title.

ADDITIONAL AUTHORIZATION OF APPROPRIATIONS
Pub. L. 94-369, title III, Sec. 301, July 22, 1976, 90 Stat.
1011, provided for authorization to carry out this subchapter,
other than sections 1286, 1288, and 1289, for the fiscal year
ending Sept. 30, 1977, not to exceed $700,000,000, which sum
(subject to amounts provided in appropriation Acts) was to be
allotted to each State listed in column 1 of table IV contained in
House Public Works and Transportation Committee Print numbered
94-25 in accordance with the percentages provided for such State
(if any) in column 5 of such table, and such sum to be in addition
to, and not in lieu of, any funds otherwise authorized and to be
available until expended.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1281, 1285, 1375, 1376,
1377 of this title.

-End-



-CITE-
33 USC Sec. 1288 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. 1288. Areawide waste treatment management

-STATUTE-
(a) Identification and designation of areas having substantial
water quality control problems
For the purpose of encouraging and facilitating the development
and implementation of areawide waste treatment management plans -
(1) The Administrator, within ninety days after October 18,
1972, and after consultation with appropriate Federal, State, and
local authorities, shall by regulation publish guidelines for the
identification of those areas which, as a result of
urban-industrial concentrations or other factors, have
substantial water quality control problems.
(2) The Governor of each State, within sixty days after
publication of the guidelines issued pursuant to paragraph (1) of
this subsection, shall identify each area within the State which,
as a result of urban-industrial concentrations or other factors,
has substantial water quality control problems. Not later than
one hundred and twenty days following such identification and
after consultation with appropriate elected and other officials
of local governments having jurisdiction in such areas, the
Governor shall designate (A) the boundaries of each such area,
and (B) a single representative organization, including elected
officials from local governments or their designees, capable of
developing effective areawide waste treatment management plans
for such area. The Governor may in the same manner at any later
time identify any additional area (or modify an existing area)
for which he determines areawide waste treatment management to be
appropriate, designate the boundaries of such area, and designate
an organization capable of developing effective areawide waste
treatment management plans for such area.
(3) With respect to any area which, pursuant to the guidelines
published under paragraph (1) of this subsection, is located in
two or more States, the Governors of the respective States shall
consult and cooperate in carrying out the provisions of paragraph
(2), with a view toward designating the boundaries of the
interstate area having common water quality control problems and
for which areawide waste treatment management plans would be most
effective, and toward designating, within one hundred and eighty
days after publication of guidelines issued pursuant to paragraph
(1) of this subsection, of a single representative organization
capable of developing effective areawide waste treatment
management plans for such area.
(4) If a Governor does not act, either by designating or
determining not to make a designation under paragraph (2) of this
subsection, within the time required by such paragraph, or if, in
the case of an interstate area, the Governors of the States
involved do not designate a planning organization within the time
required by paragraph (3) of this subsection, the chief elected
officials of local governments within an area may by agreement
designate (A) the boundaries for such an area, and (B) a single
representative organization including elected officials from such
local governments, or their designees, capable of developing an
areawide waste treatment management plan for such area.
(5) Existing regional agencies may be designated under
paragraphs (2), (3), and (4) of this subsection.
(6) The State shall act as a planning agency for all portions
of such State which are not designated under paragraphs (2), (3),
or (4) of this subsection.
(7) Designations under this subsection shall be subject to the
approval of the Administrator.
(b) Planning process
(1)(A) Not later than one year after the date of designation of
any organization under subsection (a) of this section such
organization shall have in operation a continuing areawide waste
treatment management planning process consistent with section 1281
of this title. Plans prepared in accordance with this process shall
contain alternatives for waste treatment management, and be
applicable to all wastes generated within the area involved. The
initial plan prepared in accordance with such process shall be
certified by the Governor and submitted to the Administrator not
later than two years after the planning process is in operation.
(B) For any agency designated after 1975 under subsection (a) of
this section and for all portions of a State for which the State is
required to act as the planning agency in accordance with
subsection (a)(6) of this section, the initial plan prepared in
accordance with such process shall be certified by the Governor and
submitted to the Administrator not later than three years after the
receipt of the initial grant award authorized under subsection (f)
of this section.
(2) Any plan prepared under such process shall include, but not
be limited to -
(A) the identification of treatment works necessary to meet the
anticipated municipal and industrial waste treatment needs of the
area over a twenty-year period, annually updated (including an
analysis of alternative waste treatment systems), including any
requirements for the acquisition of land for treatment purposes;
the necessary waste water collection and urban storm water runoff
systems; and a program to provide the necessary financial
arrangements for the development of such treatment works, and an
identification of open space and recreation opportunities that
can be expected to result from improved water quality, including
consideration of potential use of lands associated with treatment
works and increased access to water-based recreation;
(B) the establishment of construction priorities for such
treatment works and time schedules for the initiation and
completion of all treatment works;
(C) the establishment of a regulatory program to -
(i) implement the waste treatment management requirements of
section 1281(c) of this title,
(ii) regulate the location, modification, and construction of
any facilities within such area which may result in any
discharge in such area, and
(iii) assure that any industrial or commercial wastes
discharged into any treatment works in such area meet
applicable pretreatment requirements;

(D) the identification of those agencies necessary to
construct, operate, and maintain all facilities required by the
plan and otherwise to carry out the plan;
(E) the identification of the measures necessary to carry out
the plan (including financing), the period of time necessary to
carry out the plan, the costs of carrying out the plan within
such time, and the economic, social, and environmental impact of
carrying out the plan within such time;
(F) a process to (i) identify, if appropriate, agriculturally
and silviculturally related nonpoint sources of pollution,
including return flows from irrigated agriculture, and their
cumulative effects, runoff from manure disposal areas, and from
land used for livestock and crop production, and (ii) set forth
procedures and methods (including land use requirements) to
control to the extent feasible such sources;
(G) a process to (i) identify, if appropriate, mine-related
sources of pollution including new, current, and abandoned
surface and underground mine runoff, and (ii) set forth
procedures and methods (including land use requirements) to
control to the extent feasible such sources;
(H) a process to (i) identify construction activity related
sources of pollution, and (ii) set forth procedures and methods
(including land use requirements) to control to the extent
feasible such sources;
(I) a process to (i) identify, if appropriate, salt water
intrusion into rivers, lakes, and estuaries resulting from
reduction of fresh water flow from any cause, including
irrigation, obstruction, ground water extraction, and diversion,
and (ii) set forth procedures and methods to control such
intrusion to the extent feasible where such procedures and
methods are otherwise a part of the waste treatment management
plan;
(J) a process to control the disposition of all residual waste
generated in such area which could affect water quality; and
(K) a process to control the disposal of pollutants on land or
in subsurface excavations within such area to protect ground and
surface water quality.

(3) Areawide waste treatment management plans shall be certified
annually by the Governor or his designee (or Governors or their
designees, where more than one State is involved) as being
consistent with applicable basin plans and such areawide waste
treatment management plans shall be submitted to the Administrator
for his approval.
(4)(A) Whenever the Governor of any State determines (and
notifies the Administrator) that consistency with a statewide
regulatory program under section 1313 of this title so requires,
the requirements of clauses (F) through (K) of paragraph (2) of
this subsection shall be developed and submitted by the Governor to
the Administrator for approval for application to a class or
category of activity throughout such State.
(B) Any program submitted under subparagraph (A) of this
paragraph which, in whole or in part, is to control the discharge
or other placement of dredged or fill material into the navigable
waters shall include the following:
(i) A consultation process which includes the State agency with
primary jurisdiction over fish and wildlife resources.
(ii) A process to identify and manage the discharge or other
placement of dredged or fill material which adversely affects
navigable waters, which shall complement and be coordinated with
a State program under section 1344 of this title conducted
pursuant to this chapter.
(iii) A process to assure that any activity conducted pursuant
to a best management practice will comply with the guidelines
established under section 1344(b)(1) of this title, and sections
1317 and 1343 of this title.
(iv) A process to assure that any activity conducted pursuant
to a best management practice can be terminated or modified for
cause including, but not limited to, the following:
(I) violation of any condition of the best management
practice;
(II) change in any activity that requires either a temporary
or permanent reduction or elimination of the discharge pursuant
to the best management practice.

(v) A process to assure continued coordination with Federal and
Federal-State water-related planning and reviewing processes,
including the National Wetlands Inventory.

(C) If the Governor of a State obtains approval from the
Administrator of a statewide regulatory program which meets the
requirements of subparagraph (B) of this paragraph and if such
State is administering a permit program under section 1344 of this
title, no person shall be required to obtain an individual permit
pursuant to such section, or to comply with a general permit issued
pursuant to such section, with respect to any appropriate activity
within such State for which a best management practice has been
approved by the Administrator under the program approved by the
Administrator pursuant to this paragraph.
(D)(i) Whenever the Administrator determines after public hearing
that a State is not administering a program approved under this
section in accordance with the requirements of this section, the
Administrator shall so notify the State, and if appropriate
corrective action is not taken within a reasonable time, not to
exceed ninety days, the Administrator shall withdraw approval of
such program. The Administrator shall not withdraw approval of any
such program unless he shall first have notified the State, and
made public, in writing, the reasons for such withdrawal.
(ii) In the case of a State with a program submitted and approved
under this paragraph, the Administrator shall withdraw approval of
such program under this subparagraph only for a substantial failure
of the State to administer its program in accordance with the
requirements of this paragraph.
(c) Regional operating agencies
(1) The Governor of each State, in consultation with the planning
agency designated under subsection (a) of this section, at the time
a plan is submitted to the Administrator, shall designate one or
more waste treatment management agencies (which may be an existing
or newly created local, regional, or State agency or political
subdivision) for each area designated under subsection (a) of this
section and submit such designations to the Administrator.
(2) The Administrator shall accept any such designation, unless,
within 120 days of such designation, he finds that the designated
management agency (or agencies) does not have adequate authority -
(A) to carry out appropriate portions of an areawide waste
treatment management plan developed under subsection (b) of this
section;
(B) to manage effectively waste treatment works and related
facilities serving such area in conformance with any plan
required by subsection (b) of this section;
(C) directly or by contract, to design and construct new works,
and to operate and maintain new and existing works as required by
any plan developed pursuant to subsection (b) of this section;
(D) to accept and utilize grants, or other funds from any
source, for waste treatment management purposes;
(E) to raise revenues, including the assessment of waste
treatment charges;
(F) to incur short- and long-term indebtedness;
(G) to assure in implementation of an areawide waste treatment
management plan that each participating community pays its
proportionate share of treatment costs;
(H) to refuse to receive any wastes from any municipality or
subdivision thereof, which does not comply with any provisions of
an approved plan under this section applicable to such area; and
(I) to accept for treatment industrial wastes.
(d) Conformity of works with area plan
After a waste treatment management agency having the authority
required by subsection (c) of this section has been designated
under such subsection for an area and a plan for such area has been
approved under subsection (b) of this section, the Administrator
shall not make any grant for construction of a publicly owned
treatment works under section 1281(g)(1) of this title within such
area except to such designated agency and for works in conformity
with such plan.
(e) Permits not to conflict with approved plans
No permit under section 1342 of this title shall be issued for
any point source which is in conflict with a plan approved pursuant
to subsection (b) of this section.
(f) Grants
(1) The Administrator shall make grants to any agency designated
under subsection (a) of this section for payment of the reasonable
costs of developing and operating a continuing areawide waste
treatment management planning process under subsection (b) of this
section.
(2) For the two-year period beginning on the date the first grant
is made under paragraph (1) of this subsection to an agency, if
such first grant is made before October 1, 1977, the amount of each
such grant to such agency shall be 100 per centum of the costs of
developing and operating a continuing areawide waste treatment
management planning process under subsection (b) of this section,
and thereafter the amount granted to such agency shall not exceed
75 per centum of such costs in each succeeding one-year period. In
the case of any other grant made to an agency under such paragraph
(1) of this subsection, the amount of such grant shall not exceed
75 per centum of the costs of developing and operating a continuing
areawide waste treatment management planning process in any year.
(3) Each applicant for a grant under this subsection shall submit
to the Administrator for his approval each proposal for which a
grant is applied for under this subsection. The Administrator shall
act upon such proposal as soon as practicable after it has been
submitted, and his approval of that proposal shall be deemed a
contractual obligation of the United States for the payment of its
contribution to such proposal, subject to such amounts as are
provided in appropriation Acts. There is authorized to be
appropriated to carry out this subsection not to exceed $50,000,000
for the fiscal year ending June 30, 1973, not to exceed
$100,000,000 for the fiscal year ending June 30, 1974, not to
exceed $150,000,000 per fiscal year for the fiscal years ending
June 30, 1975, September 30, 1977, September 30, 1978, September
30, 1979, and September 30, 1980, not to exceed $100,000,000 per
fiscal year for the fiscal years ending September 30, 1981, and
September 30, 1982, and such sums as may be necessary for fiscal
years 1983 through 1990.
(g) Technical assistance by Administrator
The Administrator is authorized, upon request of the Governor or
the designated planning agency, and without reimbursement, to
consult with, and provide technical assistance to, any agency
designated under subsection (a) of this section in the development
of areawide waste treatment management plans under subsection (b)
of this section.
(h) Technical assistance by Secretary of the Army
(1) The Secretary of the Army, acting through the Chief of
Engineers, in cooperation with the Administrator is authorized and
directed, upon request of the Governor or the designated planning
organization, to consult with, and provide technical assistance to,
any agency designed (!1) under subsection (a) of this section in
developing and operating a continuing areawide waste treatment
management planning process under subsection (b) of this section.

(2) There is authorized to be appropriated to the Secretary of
the Army, to carry out this subsection, not to exceed $50,000,000
per fiscal year for the fiscal years ending June 30, 1973, and June
30, 1974.
(i) State best management practices program
(1) The Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service, shall, upon request of
the Governor of a State, and without reimbursement, provide
technical assistance to such State in developing a statewide
program for submission to the Administrator under subsection
(b)(4)(B) of this section and in implementing such program after
its approval.
(2) There is authorized to be appropriated to the Secretary of
the Interior $6,000,000 to complete the National Wetlands Inventory
of the United States, by December 31, 1981, and to provide
information from such Inventory to States as it becomes available
to assist such States in the development and operation of programs
under this chapter.
(j) Agricultural cost sharing
(1) The Secretary of Agriculture, with the concurrence of the
Administrator, and acting through the Soil Conservation Service and
such other agencies of the Department of Agriculture as the
Secretary may designate, is authorized and directed to establish
and administer a program to enter into contracts, subject to such
amounts as are provided in advance by appropriation acts, of not
less than five years nor more than ten years with owners and
operators having control of rural land for the purpose of
installing and maintaining measures incorporating best management
practices to control nonpoint source pollution for improved water
quality in those States or areas for which the Administrator has
approved a plan under subsection (b) of this section where the
practices to which the contracts apply are certified by the
management agency designated under subsection (c)(1) of this
section to be consistent with such plans and will result in
improved water quality. Such contracts may be entered into during
the period ending not later than September 31, 1988. Under such
contracts the land owner or operator shall agree -
(i) to effectuate a plan approved by a soil conservation
district, where one exists, under this section for his farm,
ranch, or other land substantially in accordance with the
schedule outlined therein unless any requirement thereof is
waived or modified by the Secretary;
(ii) to forfeit all rights to further payments or grants under
the contract and refund to the United States all payments and
grants received thereunder, with interest, upon his violation of
the contract at any stage during the time he has control of the
land if the Secretary, after considering the recommendations of
the soil conservation district, where one exists, and the
Administrator, determines that such violation is of such a nature
as to warrant termination of the contract, or to make refunds or
accept such payment adjustments as the Secretary may deem
appropriate if he determines that the violation by the owner or
operator does not warrant termination of the contract;
(iii) upon transfer of his right and interest in the farm,
ranch, or other land during the contract period to forfeit all
rights to further payments or grants under the contract and
refund to the United States all payments or grants received
thereunder, with interest, unless the transferee of any such land
agrees with the Secretary to assume all obligations of the
contract;
(iv) not to adopt any practice specified by the Secretary on
the advice of the Administrator in the contract as a practice
which would tend to defeat the purposes of the contract;
(v) to such additional provisions as the Secretary determines
are desirable and includes in the contract to effectuate the
purposes of the program or to facilitate the practical
administration of the program.

(2) In return for such agreement by the landowner or operator the
Secretary shall agree to provide technical assistance and share the
cost of carrying out those conservation practices and measures set
forth in the contract for which he determines that cost sharing is
appropriate and in the public interest and which are approved for
cost sharing by the agency designated to implement the plan
developed under subsection (b) of this section. The portion of such
cost (including labor) to be shared shall be that part which the
Secretary determines is necessary and appropriate to effectuate the
installation of the water quality management practices and measures
under the contract, but not to exceed 50 per centum of the total
cost of the measures set forth in the contract; except the
Secretary may increase the matching cost share where he determines
that (1) the main benefits to be derived from the measures are
related to improving offsite water quality, and (2) the matching
share requirement would place a burden on the landowner which would
probably prevent him from participating in the program.
(3) The Secretary may terminate any contract with a landowner or
operator by mutual agreement with the owner or operator if the
Secretary determines that such termination would be in the public
interest, and may agree to such modification of contracts
previously entered into as he may determine to be desirable to
carry out the purposes of the program or facilitate the practical
administration thereof or to accomplish equitable treatment with
respect to other conservation, land use, or water quality programs.
(4) In providing assistance under this subsection the Secretary
will give priority to those areas and sources that have the most
significant effect upon water quality. Additional investigations or
plans may be made, where necessary, to supplement approved water
quality management plans, in order to determine priorities.
(5) The Secretary shall, where practicable, enter into agreements
with soil conservation districts, State soil and water conservation
agencies, or State water quality agencies to administer all or part (continued)