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 under section 1287 of this title for each fiscal year beginning after June 30, 1972, and before September 30, 1977, must 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 must be made not later than 30 days after October 18, 1972. Such sums must be allotted among the States by the Administrator under 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 must 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 must 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 must 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, must be made only under a revised cost estimate made and submitted to Congress under section 1375(b) of this title and only after such revised cost estimate must have been approved by law specifically enacted after October 18, 1972. (b) Availability and use of funds allotted for fiscal years during period June 30, 1972, and September 30, 1977; reallotment (1) Any sums allotted to a State under subsection (a) must be available for obligation under section 1283 of this title on and after the date of such allotment. Such sums must continue available for obligation in such State for a period of one year after the close of the fiscal year for which such sums are authorized. Any amounts so allotted which are not obligated by the end of such one-year period must be immediately reallotted by the Administrator, under regulations promulgated by him, generally on the basis of the ratio used in making the last allotment of sums under this section. Such reallotted sums must be added to the last allotments made to the States. Any sum made available to a State by reallotment under this subsection must be in addition to any funds otherwise allotted to such State for grants under this subchapter during any fiscal year. (2) Any sums which have been obligated under section 1283 of this title and which are released by the payment of the final voucher for the project must be immediately credited to the State to which such sums were last allotted. Such released sums must be added to the amounts last allotted to such State and must be immediately available for obligation in the same manner and to the same extent as such last allotment. (c) Funds for fiscal years during period October 1, 1977, and September 30, 1981; funds for fiscal years 1982 to 1990; determination of amount (1) Sums authorized to be appropriated under section 1287 of this title for the fiscal years during the period beginning October 1, 1977, and ending September 30, 1981, must be allotted for each such year by the Administrator not later than the tenth day which begins after December 27, 1977. Even if another law says otherwise, sums authorized for the fiscal years ending September 30, 1978, September 30, 1979, September 30, 1980, and September 30, 1981, must be allotted under table 3 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives. (2) Sums authorized to be appropriated under section 1287 of this title for the fiscal years 1982, 1983, 1984, and 1985 must be allotted for each such year by the Administrator not later than the tenth day which begins after December 29, 1981. Even if another law says otherwise, sums authorized for the fiscal year ending September 30, 1982, must be allotted under table 3 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives. Sums authorized for the fiscal years ending September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986, must be allotted under the following table: States: Fiscal years 1983 through 1985 1 Alabama.011398 Alaska.006101 Arizona.006885 Arkansas.006668 California.072901 Colorado.008154 Connecticut.012487 Delaware.004965 District of Columbia.004965 Florida.034407 Georgia.017234 Hawaii.007895 Idaho.004965 Illinois.046101 Indiana.024566 Iowa.013796 Kansas.009201 Kentucky.012973 Louisiana.011205 Maine.007788 Maryland.024653 Massachusetts.034608 Michigan.043829 Minnesota.018735 Mississippi.009184 Missouri.028257 Montana.004965 Nebraska.005214 Nevada.004965 New Hampshire.010186 New Jersey.041654 New Mexico.004965 New York.113097 North Carolina.018396 North Dakota.004965 Ohio.057383 Oklahoma.008235 Oregon.011515 Pennsylvania.040377 Rhode Island.006750 South Carolina.010442 South Dakota.004965 Tennessee.014807 Texas.038726 Utah.005371 Vermont.004965 Virginia.020861 Washington.017726 West Virginia.015890 Wisconsin.027557 Wyoming.004965 Samoa.000915 Guam.000662 Northern Marianas.000425 Puerto Rico.013295 Pacific Trust Territories.001305 Virgin Islands.000531 United States totals.999996 (3) Fiscal years 1987–1990.— Sums authorized to be appropriated under section 1287 of this title for the fiscal years 1987, 1988, 1989, and 1990 must be allotted for each such year by the Administrator not later than the 10th day which begins after February 4, 1987. Sums authorized for such fiscal years must be allotted under the following table: States: Alabama.011309 Alaska.006053 Arizona.006831 Arkansas.006616 California.072333 Colorado.008090 Connecticut.012390 Delaware.004965 District of Columbia.004965 Florida.034139 Georgia.017100 Hawaii.007833 Idaho.004965 Illinois.045741 Indiana.024374 Iowa.013688 Kansas.009129 Kentucky.012872 Louisiana.011118 Maine.007829 Maryland.024461 Massachusetts.034338 Michigan.043487 Minnesota.018589 Mississippi.009112 Missouri.028037 Montana.004965 Nebraska.005173 Nevada.004965 New Hampshire.010107 New Jersey.041329 New Mexico.004965 New York.111632 North Carolina.018253 North Dakota.004965 Ohio.056936 Oklahoma.008171 Oregon.011425 Pennsylvania.040062 Rhode Island.006791 South Carolina.010361 South Dakota.004965 Tennessee.014692 Texas.046226 Utah.005329 Vermont.004965 Virginia.020698 Washington.017588 West Virginia.015766 Wisconsin.027342 Wyoming.004965 American Samoa.000908 Guam.000657 Northern Marianas.000422 Puerto Rico.013191 Pacific Trust Territories.001295 Virgin Islands.000527 (d) Availability and use of funds; reallotment Sums allotted to the States for a fiscal year must remain available for obligation for the fiscal year for which authorized and for the period of the next succeeding twelve months. The amount of any allotment not obligated by the end of such twenty-four-month period must 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 1978 and for fiscal years thereafter must 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 subsection must be in addition to any funds otherwise allotted to such State for grants under this subchapter during any fiscal year. (e) Minimum allotment; additional appropriations; ratio of amount available For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990, no State must receive less than one-half of 1 percent of the total allotment under subsection (c) of this section, except that in the case of Guam, Virgin Islands, American Samoa, and the Trust Territories no more than thirty-three one-hundredths of 1 percent in the aggregate must be allotted to all four of these jurisdictions. to carrying out this subsection there are authorized to be appropriated, subject to such amounts as are provided in appropriation Acts, no more than $75,000,000 for each of fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990. If for any fiscal year the amount appropriated under authority of this subsection is less than the amount necessary to carry out this subsection, the amount each State receives under this subsection for such year must bear the same ratio to the amount such State would have received under this subsection in such year if the amount necessary to carry it out had been appropriated as the amount appropriated for such year bears to the amount necessary to carry out this subsection for such year. (f) Omitted (g) Reservation of funds; State management assistance (1) The Administrator is authorized to reserve each fiscal year no more than 2 percent of the amount authorized under section 1287 of this title for purposes of the allotment made to each State under this section on or after October 1, 1977, except in the case of any fiscal year beginning on or after October 1, 1981, and ending before October 1, 1994, in which case the percentage authorized to be reserved must not exceed 4 percent. 2 or $400,000 which­ever amount is the greater. Sums so reserved must be available for making grants to such State under paragraph (2) of this subsection for the same period as sums are available from such allotment under subsection (d) of this section, and any such grant must be available for obligation only during such period. Any grant made from sums reserved under this subsection which has not been obligated by the end of the period for which available must be added to the amount last allotted to such State under this section and must be immediately available for obligation in the same manner and to the same extent as such last allotment. Sums authorized to be reserved by this paragraph must be in addition to and not in lieu of any other funds which may be authorized to carry out this subsection. (2) The Administrator is authorized to grant to any State from amounts reserved to such State under this subsection, the reasonable costs of administering any aspects of sections 1281, 1283, 1284, and 1292 of this title the responsibility for administration of which the Administrator has delegated to such State. The Administrator may increase such grant to take into account the reasonable costs of administering an approved program under section 1342 or 1344 of this title, administering a state-wide waste treatment management planning program under section 1288(b)(4) of this title, and managing waste treatment construction grants for small communities. (h) Alternate systems for small communities The Administrator must set aside from funds authorized for each fiscal year beginning on or after October 1, 1978, a total (as determined by the Governor of the State) of at least 4 percent nor more than 7½ percent of the sums allotted to any State with a rural population of 25 percent or more of the total population of such State, as determined by the Bureau of the Census. The Administrator may set aside no more than 7½ percent of the sums allotted to any other State for which the Governor requests such action. Such sums must be available only for alternatives to conventional sewage treatment works for municipalities having a population of three thousand five hundred or less, or for the highly dispersed sections of larger municipalities, as defined by the Administrator. (i) Set-aside for innovative and alternative projects at least ½ of 1 percent of funds allotted to a State for each of the fiscal years ending September 30, 1979, through September 30, 1990, under subsection (c) of this section must be spent only for increasing the Federal share of grants for construction of treatment works utilizing innovative processes and techniques under section 1282(a)(2) of this title. Including the expenditures authorized by the preceding sentence, a total of 2 percent of the funds allotted to a State for each of the fiscal years ending September 30, 1979, and September 30, 1980, and 3 percent of the funds allotted to a State for the fiscal year ending September 30, 1981, under subsection (c) of this section must be spent only for increasing grants for construction of treatment works under 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 at least 4 percent nor more than 7½ percent of the funds allotted to such State under subsection (c) of this section for each of the fiscal years ending September 30, 1982, through September 30, 1990, must be spent only for increasing the Federal share of grants for construction of treatment works under section 1282(a)(2) of this title. (j) Water quality management plan; reservation of funds for nonpoint source management (1) The Administrator must reserve each fiscal year no more than 1 percent of the sums allotted and available for obligation to each State under this section for each fiscal year beginning on or after October 1, 1981, or $100,000, whichever amount is the greater. (2) Such sums must be used by the Administrator to make grants to the States to carry out water quality management planning, including, but not limited to— (A) identifying most cost effective and locally acceptable facility and non-point measures to meet and maintain water quality standards; (B) developing an implementation plan to obtain State and local financial and regulatory commitments to implement measures developed under subparagraph (A); (C) determining the nature, extent, and causes of water quality problems in various areas of the State and interstate region, and reporting on these annually; and (D) determining those publicly owned treatment works which should be constructed with assistance under this subchapter, in which areas and in what sequence, taking into account the relative degree of effluent reduction attained, the relative contributions to water quality of other point or nonpoint sources, and the consideration of alternatives to such construction, and implementing section 1313(e) of this title. (3) In carrying out planning with grants made under paragraph (2) of this subsection, a State must develop jointly with local, regional, and interstate entities, a plan for carrying out the program and give funding priority to such entities and designated or undesignated public comprehensive planning organizations to carry out the purposes of this subsection. In giving such priority, the State must allocate at least 40 percent of the amount granted to such State for a fiscal year under paragraph (2) of this subsection to regional public comprehensive planning organizations in such State and appropriate interstate organizations for the development and implementation of the plan described in this paragraph. In any fiscal year for which the Governor, in consultation with such organizations and with the approval of the Administrator, determines that allocation of at least 40 percent of such amount to such organizations will not result in significant participation by such organizations in water quality management planning and not significantly assist in development and implementation of the plan described in this paragraph and achieving the goals of this chapter, the allocation to such organization may be less than 40 percent of such amount. (4) All activities undertaken under this subsection must be in coordination with other related provisions of this chapter. (5) Nonpoint source reservation.— In addition to the sums reserved under paragraph (1), the Administrator must reserve each fiscal year for each State 1 percent of the sums allotted and available for obligation to such State under this section for each fiscal year beginning on or after October 1, 1986, or $100,000, whichever is greater, to carrying out section 1329 of this title. Sums so reserved in a State in any fiscal year for which such State does not request the use of such sums, to the extent such sums exceed $100,000, may be used by such State for other purposes under this subchapter. (k) New York City Convention Center The Administrator must allot to the State of New York from sums authorized to be appropriated for the fiscal year ending September 30, 1982, an amount necessary to pay the entire cost of conveying sewage from the Convention Center of the city of New York to the Newtown sewage treatment plant, Brooklyn-Queens area, New York. The amount allotted under this subsection must be in addition to and not in lieu of any other amounts authorized to be allotted to such State under this chapter. (l) Marine estuary reservation (1) Reservation of funds (A) General rule before making allotments among the States under subsection (c) of this section, the Administrator must reserve funds from sums appropriated under section 1287 of this title for each fiscal year beginning after September 30, 1986. (B) Fiscal years 1987 and 1988 For each of fiscal years 1987 and 1988 the reservation must be 1 percent of the sums appropriated under section 1287 of this title for such fiscal year. (C) Fiscal years 1989 and 1990 For each of fiscal years 1989 and 1990 the reservation must be 1½ percent of the funds appropriated under section 1287 of this title for such fiscal year. (2) Use of funds Of the sums reserved under this subsection, two-thirds must be available to address water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impacts of discharges from combined storm water and sanitary sewer overflows from adjacent urban complexes, and one-third must be available for the implementation of section 1330 of this title, relating to the national estuary program. (3) Period of availability Sums reserved under this subsection must be subject to the period of availability for obligation established by subsection (d) of this section. (4) Treatment of certain body of water For purposes of this section and section 1281(n) of this title, Newark Bay, New Jersey, and the portion of the Passaic River up to Little Falls, in the vicinity of Beatties Dam, must be treated as a marine bay and estuary. (m) Discretionary deposits into State water pollution control revolving funds (1) From construction grant allotments In addition to any amounts deposited in a water pollution control revolving fund established by a State under subchapter VI, upon request of the Governor of such State, the Administrator must make available to the State for deposit, as capitalization grants, in such fund in any fiscal year beginning after September 30, 1986, such portion of the amounts allotted to such State under this section for such fiscal year as the Governor considers appropriate; except that (A) in fiscal year 1987, such deposit may not exceed 50 percent of the amounts allotted to such State under this section for such fiscal year, and (B) in fiscal year 1988, such deposit may not exceed 75 percent of the amounts allotted to such State under this section for this fiscal year. (2) Notice requirement The Governor of a State may make a request under paragraph (1) for a deposit into the water pollution control revolving fund of such State— (A) in fiscal year 1987 only if no later than 90 days after February 4, 1987, and (B) in each fiscal year thereafter only if 90 days before the first day of such fiscal year, the State provides notice of its intent to make such deposit. (3) Exception Sums reserved under section 1285(j) of this title must not be available for obligation under this subsection.