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33 U.S.C. § 1282 — Federal share

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

33 U.S.C. § 1282 — Federal share

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Stable record: federal_law:legal_authorities:record_usc_ed91f093605d8a3e1bfbb3a7
Source file: Laws/federal/codes/united-states-code/title-33/section-1282-federal-share--c2c7c3b16a.md
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Source location: Title 33, Chapter 26, § 1282; chapter-026-water-pollution-prevention-and-control.md

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**(a) Amount of grants for treatment works** (1) The amount of any grant for treatment works made under this chapter from funds authorized for any fiscal year beginning after June 30, 1971, and ending before October 1, 1984, shall be 75 per centum of the cost of construction thereof (as approved by the Administrator), and for any fiscal year beginning on or after October 1, 1984, shall be 55 per centum of the cost of construction thereof (as approved by the Administrator), unless modified to a lower percentage rate uniform throughout a State by the Governor of that State with the concurrence of the Administrator. Within ninety days after October 21, 1980, the Administrator shall issue guidelines for concurrence in any such modification, which shall provide for the consideration of the unobligated balance of sums allocated to the State under [section 1285 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285&num=0&edition=prelim), the need for assistance under this subchapter in such State, and the availability of State grant assistance to replace the Federal share reduced by such modification. The payment of any such reduced Federal share shall not constitute an obligation on the part of the United States or a claim on the part of any State or grantee to reimbursement for the portion of the Federal share reduced in any such State. Any grant (other than for reimbursement) made prior to October 18, 1972, from any funds authorized for any fiscal year beginning after June 30, 1971, shall, upon the request of the applicant, be increased to the applicable percentage under this section. Notwithstanding the first sentence of this paragraph, in any case where a primary, secondary, or advanced waste treatment facility or its related interceptors or a project for infiltration-in-flow correction has received a grant for erection, building, acquisition, alteration, remodeling, improvement, extension, or correction before October 1, 1984, all segments and phases of such facility, interceptors, and project for infiltration-in-flow correction shall be eligible for grants at 75 per centum of the cost of construction thereof for any grant made pursuant to a State obligation which obligation occurred before October 1, 1990. Notwithstanding the first sentence of this paragraph, in the case of a project for which an application for a grant under this subchapter has been made to the Administrator before October 1, 1984, and which project is under judicial injunction on such date prohibiting its construction, such project shall be eligible for grants at 75 percent of the cost of construction thereof. Notwithstanding the first sentence of this paragraph, in the case of the Wyoming Valley Sanitary Authority project mandated by judicial order under a proceeding begun prior to October 1, 1984, and a project for wastewater treatment for Altoona, Pennsylvania, such projects shall be eligible for grants at 75 percent of the cost of construction thereof. (2) The amount of any grant made after September 30, 1978, and before October 1, 1981, for any eligible treatment works or significant portion thereof utilizing innovative or alternative wastewater treatment processes and techniques referred to in [section 1281(g)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1281/g/5&num=0&edition=prelim) shall be 85 per centum of the cost of construction thereof, unless modified by the Governor of the State with the concurrence of the Administrator to a percentage rate no less than 15 per centum greater than the modified uniform percentage rate in which the Administrator has concurred pursuant to paragraph (1) of this subsection. The amount of any grant made after September 30, 1981, for any eligible treatment works or unit processes and techniques thereof utilizing innovative or alternative wastewater treatment processes and techniques referred to in [section 1281(g)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1281/g/5&num=0&edition=prelim) shall be a percentage of the cost of construction thereof equal to 20 per centum greater than the percentage in effect under paragraph (1) of this subsection for such works or unit processes and techniques, but in no event greater than 85 per centum of the cost of construction thereof. No grant shall be made under this paragraph for construction of a treatment works in any State unless the proportion of the State contribution to the non-Federal share of construction costs for all treatment works in such State receiving a grant under this paragraph is the same as or greater than the proportion of the State contribution (if any) to the non-Federal share of construction costs for all treatment works receiving grants in such State under paragraph (1) of this subsection. (3) In addition to any grant made pursuant to paragraph (2) of this subsection, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of any facilities constructed with a grant made pursuant to paragraph (2) if the Administrator finds that such facilities have not met design performance specifications unless such failure is attributable to negligence on the part of any person and if such failure has significantly increased capital or operating and maintenance expenditures. In addition, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment has failed to meet design performance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expenditures. (4) For the purposes of this section, the term “eligible treatment works” means those treatment works in each State which meet the requirements of [section 1281(g)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1281/g/5&num=0&edition=prelim) and which can be fully funded from funds available for such purpose in such State. **(b) Amount of grants for construction of treatment works not commenced prior to July 1, 1971** The amount of the grant for any project approved by the Administrator after January 1, 1971, and before July 1, 1971, for the construction of treatment works, the actual erection, building or acquisition of which was not commenced prior to July 1, 1971, shall, upon the request of the applicant, be increased to the applicable percentage under subsection (a) of this section for grants for treatment works from funds for fiscal years beginning after June 30, 1971, with respect to the cost of such actual erection, building, or acquisition. Such increased amount shall be paid from any funds allocated to the State in which the treatment works is located without regard to the fiscal year for which such funds were authorized. Such increased amount shall be paid for such project only if— (1) a sewage collection system that is a part of the same total waste treatment system as the treatment works for which such grant was approved is under construction or is to be constructed for use in conjunction with such treatment works, and if the cost of such sewage collection system exceeds the cost of such treatment works, and (2) the State water pollution control agency or other appropriate State authority certifies that the quantity of available ground water will be insufficient, inadequate, or unsuitable for public use, including the ecological preservation and recreational use of surface water bodies, unless effluents from publicly-owned treatment works after adequate treatment are returned to the ground water consistent with acceptable technological standards. **(c) Availability of sums allotted to Puerto Rico** Notwithstanding any other provision of law, sums allotted to the Commonwealth of Puerto Rico under [section 1285 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285&num=0&edition=prelim) for fiscal year 1981 shall remain available for obligation for the fiscal year for which authorized and for the period of the next succeeding twenty-four months. Such sums and any unobligated funds available to Puerto Rico from allotments for fiscal years ending prior to October 1, 1981, shall be available for obligation by the Administrator of the Environmental Protection Agency only to fund the following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and Camuy Hatillo. These funds may be used by the commonwealth of Puerto Rico to fund the non-Federal share of the costs of such projects. To the extent that these funds are used to pay the non-Federal share, the Commonwealth of Puerto Rico shall repay to the Environmental Protection Agency such amounts on terms and conditions developed and approved by the Administrator in consultation with the Governor of the Commonwealth of Puerto Rico. Agreement on such terms and conditions, including the payment of interest to be determined by the Secretary of the Treasury, shall be reached prior to the use of these funds for the Commonwealth’s non-Federal share. No Federal funds awarded under this provision shall be used to replace local governments funds previously expended on these projects.

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

33 U.S.C. § 1285 — Allotment of grant funds

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1287&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1285

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

33 U.S.C. § 1251 — Congressional declaration of goals and policy

**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter— (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985; (2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983; (3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited; (4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works; (5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State; (6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and (7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution. **(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1251

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

33 U.S.C. § 1283 — Plans, specifications, estimates, and payments

**(a) Submission; contractual nature of approval by Administrator; agreement on eligible costs; single grant** (1) Each applicant for a grant shall submit to the Administrator for his approval, plans, specifications, and estimates for each proposed project for the construction of treatment works for which a grant is applied for under [section 1281(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1281/g/1&num=0&edition=prelim) from funds allotted to the State under [section 1285 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1285&num=0&edition=prelim) and which otherwise meets the requirements of this chapter. The Administrator shall act upon such plans, specifications, and estimates as soon as practicable after the same have been submitted, and his approval of any such plans, specifications, and estimates shall be deemed a contractual obligation of the United States for the payment of its proportional contribution to such project. (2) **Agreement on eligible costs.—** (A) *Limitation on modifications.—* — Before taking final action on any plans, specifications, and estimates submitted under this subsection after the 60th day following February 4, 1987, the Administrator shall enter into a written agreement with the applicant which establishes and specifies which items of the proposed project are eligible for Federal payments under this section. The Administrator may not later modify such eligibility determinations unless they are found to have been made in violation of applicable Federal statutes and regulations. (B) *Limitation on effect.—* — Eligibility determinations under this paragraph shall not preclude the Administrator from auditing a project pursuant to [section

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

33 U.S.C. § 1282 — Federal share

Page 417 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1282 total of all grants made under section 201 of the Federal Water Pollution Control Act [33 U.S.C. 1281] for the same treatment works exceeds the actual construction costs for such treatment works (as defined in that Act [33 U.S.C. 1251 et seq.]) such excess amount shall be a grant of the Federal share (as defined in that Act) of the cost of construction of a sewage collection system if— (1) such sewage collection system was con- structed as part of the same total treatment system as the treatment works for which such section 201 [33 U.S.C. 1281] grants were ap- proved, and (2) an application for assistance for the con- struction of such sewage collection system was filed in accordance with section 3102 of title 42 before all such section 201 grants were made and such grant under section 3102 of title 42 could not be approved due to lack of funding under such section 3102 of title 42. The total of all grants for sewage collection sys- tems made under this section shall not exceed $2,800,000. (Pub. L. 95–217, § 78, Dec. 27, 1977, 91 Stat. 1611.) Editorial Notes REFERENCES IN TEXT That Act, meaning the Federal Water Pollution Con- trol Act, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. Section 3102 of title 42, referred to in par. (2), was omitted from the Code pursuant to section 5316 of Title 42, The Public Health and Welfare, which terminated the authority to make grants or loans under that sec- tion after Jan. 1, 1975. CODIFICATION S

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