U.S Code last checked for updates: Apr 29, 2024
§ 1285.
Allotment of grant funds
(a)
Funds for fiscal years during period June 30, 1972, and September 30, 1977; determination of amount
(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) shall be available for obligation under section 1283 of this title on and after the date of such allotment. Such sums shall 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 shall be immediately reallotted by the Administrator, in accordance with 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 shall be added to the last allotments made to the States. Any sum made available to a State by reallotment under this subsection shall 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 shall be immediately credited to the State to which such sums were last allotted. Such released sums shall be added to the amounts last allotted to such State and shall 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 pursuant to section 1287 of this title for the fiscal years during the period beginning October 1, 1977, and ending September 30, 1981, shall be allotted for each such year by the Administrator not later than the tenth day which begins after December 27, 1977. Notwithstanding any other provision of law, sums authorized for the fiscal years ending September 30, 1978, September 30, 1979, September 30, 1980, and September 30, 1981, shall be allotted in accordance with 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 pursuant to section 1287 of this title for the fiscal years 1982, 1983, 1984, and 1985 shall be allotted for each such year by the Administrator not later than the tenth day which begins after December 29, 1981. Notwithstanding any other provision of law, sums authorized for the fiscal year ending September 30, 1982, shall be allotted in accordance with 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, shall be allotted in accordance with 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

(3)
Fiscal years 1987–1990.—
Sums authorized to be appropriated pursuant to section 1287 of this title for the fiscal years 1987, 1988, 1989, and 1990 shall 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 shall be allotted in accordance with 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

(d)
Availability and use of funds; reallotment
(e)
Minimum allotment; additional appropriations; ratio of amount available
(f)
Omitted
(g)
Reservation of funds; State management assistance
(1)
The Administrator is authorized to reserve each fiscal year not to exceed 2 per centum 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 shall not exceed 4 per centum.2
2
 So in original. The period probably should be a comma.
or $400,000 which­ever amount is the greater. Sums so reserved shall 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 shall 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 shall be added to the amount last allotted to such State under this section and shall 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 shall 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
(i)
Set-aside for innovative and alternative projects
(j)
Water quality management plan; reservation of funds for nonpoint source management
(1)
The Administrator shall reserve each fiscal year not to exceed 1 per centum 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 shall 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 shall 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 shall 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 shall 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 shall 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, for the purpose of 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
(l)
Marine estuary reservation
(1)
Reservation of funds
(A)
General rule
(B)
Fiscal years 1987 and 1988
(C)
Fiscal years 1989 and 1990
(2)
Use of funds
(3)
Period of availability
(4)
Treatment of certain body of water
(m)
Discretionary deposits into State water pollution control revolving funds
(1)
From construction grant allotments
(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
(June 30, 1948, ch. 758, title II, § 205, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 837; amended Pub. L. 93–243, § 1, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95–217, §§ 25, 26(a), 27, 28, Dec. 27, 1977, 91 Stat. 1574, 1575; Pub. L. 96–483, § 11, Oct. 21, 1980, 94 Stat. 2363; Pub. L. 97–117, §§ 8(c), 13–16, Dec. 29, 1981, 95 Stat. 1625, 1627–1629; Pub. L. 100–4, title II, §§ 206(a)–(c), 207–210, 212(b), title III, § 316(d), Feb. 4, 1987, 101 Stat. 19–21, 27, 60; Pub. L. 105–362, title V, § 501(d)(2)(C), Nov. 10, 1998, 112 Stat. 3284; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
cite as: 33 USC 1285