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33 U.S.C. § 1382 — Capitalization grant agreements

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1382 — Capitalization grant agreements

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Source file: Laws/federal/codes/united-states-code/title-33/section-1382-capitalization-grant-agreements--8147980a02.md
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Source location: Title 33, Chapter 26, § 1382; chapter-026-water-pollution-prevention-and-control.md

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**(a) General rule** To receive a capitalization grant with funds made available under this subchapter and [section 1285(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285/m&num=0&edition=prelim), a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifications set forth in subsection (b) of this section. **(b) Specific requirements** The Administrator shall enter into an agreement under this section with a State only after the State has established to the satisfaction of the Administrator that— (1) the State will accept grant payments with funds to be made available under this subchapter and [section 1285(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285/m&num=0&edition=prelim) in accordance with a payment schedule established jointly by the Administrator under [section 1381(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1381/b&num=0&edition=prelim) and will deposit all such payments in the water pollution control revolving fund established by the State in accordance with this subchapter; (2) the State will deposit in the fund from State moneys an amount equal to at least 20 percent of the total amount of all capitalization grants which will be made to the State with funds to be made available under this subchapter and [section 1285(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285/m&num=0&edition=prelim) on or before the date on which each quarterly grant payment will be made to the State under this subchapter; (3) the State will enter into binding commitments to provide assistance in accordance with the requirements of this subchapter in an amount equal to 120 percent of the amount of each such grant payment within 1 year after the receipt of such grant payment; (4) all funds in the fund will be expended in an expeditious and timely manner; (5) all funds in the fund as a result of capitalization grants under this subchapter and [section 1285(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285/m&num=0&edition=prelim) will first be used to assure maintenance of progress, as determined by the Governor of the State, toward compliance with enforceable deadlines, goals, and requirements of this chapter, including the municipal compliance deadline; (6) treatment works eligible under this chapter which will be constructed in whole or in part with assistance made available by a State water pollution control revolving fund authorized under this subchapter, or [section 1285(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285/m&num=0&edition=prelim), or both, will meet the requirements of, or otherwise be treated (as determined by the Governor of the State) under sections 1371(c)(1) and 1372 of this title in the same manner as treatment works constructed with assistance under subchapter II of this chapter; (7) in addition to complying with the requirements of this subchapter, the State will commit or expend each quarterly grant payment which it will receive under this subchapter in accordance with laws and procedures applicable to the commitment or expenditure of revenues of the State; (8) in carrying out the requirements of [section 1386 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1386&num=0&edition=prelim), the State will use accounting, audit, and fiscal procedures conforming to generally accepted government accounting standards; (9) the State will require as a condition of making a loan or providing other assistance, as described in [section 1383(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1383/d&num=0&edition=prelim), from the fund that the recipient of such assistance will maintain project accounts in accordance with generally accepted government accounting standards, including standards relating to the reporting of infrastructure assets; (10) the State will make annual reports to the Administrator on the actual use of funds in accordance with [section 1386(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1386/d&num=0&edition=prelim); (11) the State will establish, maintain, invest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for activities under this chapter; (12) any fees charged by the State to recipients of assistance that are considered program income will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund; (13) beginning in fiscal year 2016, the State will require as a condition of providing assistance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner determined by the Governor of the State, that the recipient— (A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this subchapter; and (B) has selected, to the maximum extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, recapture, and conservation, and energy conservation, taking into account— (i) the cost of constructing the project or activity; (ii) the cost of operating and maintaining the project or activity over the life of the project or activity; and (iii) the cost of replacing the project or activity; and (14) a contract to be carried out using funds directly made available by a capitalization grant under this subchapter for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent State qualifications-based requirement (as determined by the Governor of the State).

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1386 — Audits, reports, and fiscal controls; intended use plan

**(a) Fiscal control and auditing procedures** Each State electing to establish a water pollution control revolving fund under this subchapter shall establish fiscal controls and accounting procedures sufficient to assure proper accounting during appropriate accounting periods for— (1) payments received by the fund; (2) disbursements made by the fund; and (3) fund balances at the beginning and end of the accounting period. **(b) Annual Federal audits** The Administrator shall, at least on an annual basis, conduct or require each State to have independently conducted reviews and audits as may be deemed necessary or appropriate by the Administrator to carry out the objectives of this section. Audits of the use of funds deposited in the water pollution revolving fund established by such State shall be conducted in accordance with the auditing procedures of the Government Accountability Office, including chapter 75 of title 31. **(c) Intended use plan** After providing for public comment and review, each State shall annually prepare a plan identifying the intended uses of the amounts available to its water pollution control revolving fund. Such intended use plan shall include, but not be limited to— (1) a list of those projects for construction of publicly owned treatment works on the State’s priority list developed pursuant to [section 1296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1296&num=0&edition=prelim) and a list of activities eligible for assistance under sections 1329 and 1330 of this title; (2) a description of the short- and long-term goals and objectives of its water pollution control revolving fund; (3) information on the activities to be supported, including a description of project categories, discharge

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1386

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1381 — Grants to States for establishment of revolving funds

**(a) General authority** Subject to the provisions of this subchapter, the Administrator shall make capitalization grants to each State for the purpose of establishing a water pollution control revolving fund to accomplish the objectives, goals, and policies of this chapter by providing assistance for projects and activities identified in [section 1383(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1383/c&num=0&edition=prelim). **(b) Schedule of grant payments** The Administrator and each State shall jointly establish a schedule of payments under which the Administrator will pay to the State the amount of each grant to be made to the State under this subchapter. Such schedule shall be based on the State’s intended use plan under [section 1386(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1386/c&num=0&edition=prelim), except that— (1) such payments shall be made in quarterly installments, and (2) such payments shall be made as expeditiously as possible, but in no event later than the earlier of— (A) 8 quarters after the date such funds were obligated by the State, or (B) 12 quarters after the date such funds were allotted to the State.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1381

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1385 — Corrective action

**(a) Notification of noncompliance** If the Administrator determines that a State has not complied with its agreement with the Administrator under [section 1382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1382&num=0&edition=prelim) or any other requirement of this subchapter, the Administrator shall notify the State of such noncompliance and the necessary corrective action. **(b) Withholding of payments** If a State does not take corrective action within 60 days after the date a State receives notification of such action under subsection (a), the Administrator shall withhold additional payments to the State until the Administrator is satisfied that the State has taken the necessary corrective action. **(c) Reallotment of withheld payments** If the Administrator is not satisfied that adequate corrective actions have been taken by the State within 12 months after the State is notified of such actions under subsection (a), the payments withheld from the State by the Administrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allotment of funds under this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1385

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1382 — Capitalization grant agreements

Page 598 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1382 (B) 12 quarters after the date such funds were allotted to the State. (June 30, 1948, ch. 758, title VI, § 601, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 22; amended Pub. L. 113–121, title V, § 5001, June 10, 2014, 128 Stat. 1322.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–121 substituted ‘‘to ac- complish the objectives, goals, and policies of this chapter by providing assistance for projects and activi- ties identified in section 1383(c) of this title.’’ for ‘‘for providing assistance (1) for construction of treatment works (as defined in section 1292 of this title) which are publicly owned, (2) for implementing a management program under section 1329 of this title, and (3) for de- veloping and implementing a conservation and manage- ment plan under section 1330 of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–121, title V, § 5006, June 10, 2014, 128 Stat. 1327, provided that: ‘‘This subtitle [subtitle A (§§ 5001–5006) of title V of Pub. L. 113–121, enacting sec- tion 1388 of this title and amending this section and sections 1382 and 1383 of this title], including any amendments made by the subtitle, shall take effect on October 1, 2014.’’ § 1382. Capitalization grant agreements (a) General rule To receive a capitalization grant with funds made available under this subchapter and sec- tion 1285(m) of this title, a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifica- tions set forth in subsection (b) of this section. (b) Specific requirements The Administrator shall enter into an agree- ment under this section with a State onl

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1382

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