33 U.S.C. § 1256 — Grants for pollution control programs

(a) Authorization of appropriations for State^* and interstate programs. The following amounts are authorized to be appropriated, remain available until spent, and be used for grants to States and interstate agencies to help administer programs to prevent, reduce, and eliminate pollution^*, including enforcement directly or through appropriate State law-enforcement officers or agencies: (1) $60 million for the fiscal year ending June 30, 1973; and (2) $75 million for the fiscal year ending June 30, 1974, and for the fiscal year ending June 30, 1975; $100 million for each fiscal year 1977 through 1980; $75 million for each fiscal year 1981 and 1982; amounts necessary for fiscal years 1983 through 1985; and $75 million for each fiscal year 1986 through 1990.

(b) Allotments. From the amount appropriated for a fiscal year, the Administrator must allot money to the States and interstate agencies under regulations, based on the extent of the pollution problem in each State.

(c) Maximum annual payments. Each fiscal year, the Administrator may pay a State or interstate agency^* the lesser of: (1) its allotment for that year under subsection (b); or (2) the reasonable costs, as determined by the Administrator, of developing and carrying out its pollution program during that year.

(d) Limitations. No grant may be made for a fiscal year if the State or interstate agency's non-Federal spending during that year for recurring expenses of its pollution-control program is less than its non-Federal spending for those recurring program expenses during the fiscal year ending June 30, 1971.

(e) Grants prohibited without monitoring procedures or adequate emergency and contingency plans. Beginning in fiscal year 1974, the Administrator may not make a grant to a State that has not provided or is not carrying out as part of its program: (1) appropriate devices, methods, systems, and procedures to monitor, compile, and analyze data on the quality of navigable waters^* and, as far as practicable, ground waters, including biological monitoring^* and classification according to eutrophic condition, and to update the data each year and include it in the report required under section 1315; and (2) authority comparable to the authority in section 1364 and adequate contingency plans to use that authority.

(f) Conditions. Grants are conditioned on all of the following: (1) Within 120 days after October 18, 1972, the State or interstate agency files with the Administrator (A) a summary of the current status of its pollution-control program, including the criteria it uses to set treatment-works priorities, and (B) additional information, data, and reports the Administrator requires. (2) No federally assumed enforcement, as defined in section 1319(a)(2), is in effect for the State or interstate agency. (3) Within 120 days after October 18, 1972, and before October 1 of every later year, the State or interstate agency submits for the Administrator's approval its program to prevent, reduce, and eliminate pollution in accordance with this chapter, in the form and with the content the Administrator prescribes.

(g) Reallotment of unpaid allotments. Any amount allotted under subsection (b) for a fiscal year that is not paid must be reallotted by the Administrator under regulations.