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33 U.S.C. § 1296 — Determination of priority of projects

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

33 U.S.C. § 1296 — Determination of priority of projects

Notwithstanding any other provision of this chapter, the determination of the priority to be given each category of projects for construction of publicly owned treatment works within each State shall be made solely by that State, except that if the Administrator, after a public hearing, determines that a specific project will not result in compliance with the enforceable requirements of this chapter, such project shall be removed from the State’s priority list and such State shall submit a revised priority list. These categories shall include, but not be limited to (A) secondary treatment, (B) more stringent treatment, (C) infiltration-in-flow correction, (D) major sewer system rehabilitation, (E) new collector sewers and appurtenances, (F) new interceptors and appurtenances, and (G) correction of combined sewer overflows. Not less than 25 per centum of funds allocated to a State in any fiscal year under this subchapter for construction of publicly owned treatment works in such State shall be obligated for those types of projects referred to in clauses (D), (E), (F), and (G) of this section, if such projects are on such State’s priority list for that year and are otherwise eligible for funding in that fiscal year. It is the policy of Congress that projects for wastewater treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or intermunicipal or interstate agency shall be projects which, in the estimation of the State, are designed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter.

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Source location: Title 33, Chapter 26, § 1296; chapter-026-water-pollution-prevention-and-control.md

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

33 U.S.C. § 1377 — Indian tribes

**(a) Policy** Nothing in this section shall be construed to affect the application of [section 1251(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251/g&num=0&edition=prelim), and all of the provisions of this section shall be carried out in accordance with the provisions of such [section 1251(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251/g&num=0&edition=prelim). Indian tribes shall be treated as States for purposes of such [section 1251(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251/g&num=0&edition=prelim). **(b) Assessment of sewage treatment needs; report** The Administrator, in cooperation with the Director of the Indian Health Service, shall assess the need for sewage treatment works to serve Indian tribes, the degree to which such needs will be met through funds allotted to States under [section 1285 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285&num=0&edition=prelim) and priority lists under [section 1296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1296&num=0&edition=prelim), and any obstacles which prevent such needs from being met. Not later than one year after February 4, 1987, the Administrator shall submit a report to Congress on the assessment under this subsection, along with recommendations specifying (1) how the Administrator intends to provide assistance to Indian tribes to develop waste treatment management plans and to construct treatment works under this chapter, and (2) methods by which the participation in and administration of programs under this chapter by Indian tribes can be maximized. **(c) Reser

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

33 U.S.C. § 1383 — Water pollution control revolving loan funds

**(a) Requirements for obligation of grant funds** Before a State may 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), the State shall first establish a water pollution control revolving fund which complies with the requirements of this section. **(b) Administration** Each State water pollution control revolving fund shall be administered by an instrumentality of the State with such powers and limitations as may be required to operate such fund in accordance with the requirements and objectives of this chapter. **(c) Projects and activities eligible for assistance** The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance— (1) to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in [section 1292 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1292&num=0&edition=prelim)); (2) for the implementation of a management program established under [section 1329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1329&num=0&edition=prelim); (3) for development and implementation of a conservation and management plan under [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1330&num=0&edition=prelim); (4) for the construction, repair, or replacement of decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage; (5) for measures to manage, reduce, treat, or recapture stormwater or sub

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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

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

33 U.S.C. § 1296 — Determination of priority of projects

Page 441 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1298 February 1, 1978, shall be made under this sub- chapter for any treatment works unless only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured arti- cles, materials, and supplies as have been manu- factured in the United States, substantially all from articles, materials, or supplies mined, pro- duced, or manufactured, as the case may be, in the United States will be used in such treatment works. This section shall not apply in any case where the Administrator determines, based upon those factors the Administrator deems relevant, including the available resources of the agency, it to be inconsistent with the public interest (in- cluding multilateral government procurement agreements) or the cost to be unreasonable, or if articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. (June 30, 1948, ch. 758, title II, § 215, as added Pub. L. 95–217, § 39, Dec. 27, 1977, 91 Stat. 1581.) § 1296. Determination of priority of projects Notwithstanding any other provision of this chapter, the determination of the priority to be given each category of projects for construction of publicly owned treatment works within each State shall be made solely by that State, except that if the Administrator, after a public hear- ing, determines that a specific project will not result in compliance with the enforceable re- quirements of this chapter, such project shall be removed

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