33 U.S.C. § 1286 | Reimbursement and advanced construction

(a)

June 30, 1966July 1, 1973 Publicly owned treatment works construction initiated after , but before ; reimbursement formula

June 30, 1966July 1, 1973section 1158 of this title section 1158 of this title section 1158(f) of this titleOctober 18, 1972Any publicly owned treatment works in a State on which construction was initiated after , but before , which was approved by the appropriate State water pollution control agency and which the Administrator finds meets the requirements of in effect at the time of the initiation of construction shall be reimbursed a total amount equal to the difference between the amount of Federal financial assistance, if any, received under such for such project and 50 per centum of the cost of such project, or 55 per centum of the project cost where the Administrator also determines that such treatment works was constructed in conformity with a comprehensive metropolitan treatment plan as described in as in effect immediately prior to . Nothing in this subsection shall result in any such works receiving Federal grants from all sources in excess of 80 per centum of the cost of such project.

(b)

June 30, 1956June 30, 1966 Publicly owned treatment works construction initiated between , and ; reimbursement formula

June 30, 1956June 30, 1966section 1158 of this titleOctober 18, 1972section 1158 of this titleAny publicly owned treatment works constructed with or eligible for Federal financial assistance under this Act in a State between , and , which was approved by the State water pollution control agency and which the Administrator finds meets the requirements of prior to but which was constructed without assistance under such or which received such assistance in an amount less than 30 per centum of the cost of such project shall qualify for payments and reimbursement of State or local funds used for such project from sums allocated to such State under this section in an amount which shall not exceed the difference between the amount of such assistance, if any, received for such project and 30 per centum of the cost of such project.

(c)

Application for reimbursement

October 18, 1972No publicly owned treatment works shall receive any payment or reimbursement under subsection (a) or (b) of this section unless an application for such assistance is filed with the Administrator within the one year period which begins on . Any application filed within such one year period may be revised from time to time, as may be necessary.

(d)

Allocation of funds

The Administrator shall allocate to each qualified project under subsection (a) of this section each fiscal year for which funds are appropriated under subsection (e) of this section an amount which bears the same ratio to the unpaid balance of the reimbursement due such project as the total of such funds for such year bears to the total unpaid balance of reimbursement due all such approved projects on the date of enactment of such appropriation. The Administrator shall allocate to each qualified project under subsection (b) of this section each fiscal year for which funds are appropriated under subsection (e) of this section an amount which bears the same ratio to the unpaid balance of the reimbursement due such project as the total of such funds for such year bears to the total unpaid balance of reimbursement due all such approved projects on the date of enactment of such appropriation.

(e)

Authorization of appropriations

There is authorized to be appropriated to carry out subsection (a) of this section not to exceed $2,600,000,000 and, to carry out subsection (b) of this section, not to exceed $750,000,000. The authorizations contained in this subsection shall be the sole source of funds for reimbursements authorized by this section.

(f)

Additional funds

(1)

section 1281(g) of this title In any case where a substantial portion of the funds allotted to a State for the current fiscal year under this subchapter have been obligated under , or will be so obligated in a timely manner (as determined by the Administrator), and there is construction of any treatment works project without the aid of Federal funds and in accordance with all procedures and all requirements applicable to treatment works projects, except those procedures and requirements which limit construction of projects to those constructed with the aid of previously allotted Federal funds, the Administrator, upon his approval of an application made under this subsection therefor, is authorized to pay the Federal share of the cost of construction of such project when additional funds are allotted to the State under this subchapter if prior to the construction of the project the Administrator approves plans, specifications, and estimates therefor in the same manner as other treatment works projects. The Administrator may not approve an application under this subsection unless an authorization is in effect for the first fiscal year in the period for which the application requests payment and such requested payment for that fiscal year does not exceed the State’s expected allotment from such authorization. The Administrator shall not be required to make such requested payment for any fiscal year—

(A)

to the extent that such payment would exceed such State’s allotment of the amount appropriated for such fiscal year; and

(B)

unless such payment is for a project which, on the basis of an approved funding priority list of such State, is eligible to receive such payment based on the allotment and appropriation for such fiscal year.

To the extent that sufficient funds are not appropriated to pay the full Federal share with respect to a project for which obligations under the provisions of this subsection have been made, the Administrator shall reduce the Federal share to such amount less than 75 per centum as such appropriations do provide.

(2)

In determining the allotment for any fiscal year under this subchapter, any treatment works project constructed in accordance with this section and without the aid of Federal funds shall not be considered completed until an application under the provisions of this subsection with respect to such project has been approved by the Administrator, or the availability of funds from which this project is eligible for reimbursement has expired, whichever first occurs.

June 30, 1948, ch. 758 Pub. L. 92–500, § 2Oct. 18, 197286 Stat. 838 Pub. L. 93–207, § 1(2)Dec. 28, 197387 Stat. 906 Pub. L. 95–217, § 29(a)Dec. 27, 197791 Stat. 1576 Pub. L. 96–483, § 5Oct. 21, 198094 Stat. 2361(, title II, § 206, as added , , ; amended , , ; , , ; , , .)

Editorial Notes

References in Text

Section 1158 of this title act June 30, 1948, ch. 758 62 Stat. 1158June 30, 1948Oct. 18, 1972Pub. L. 92–500 86 Stat. 816 section 1158 of this title, referred to in subsecs. (a) and (b), refers to section 8 of , , prior to the supersedure and reenactment of act , by act , , . Provisions of are covered by this subchapter.

act June 30, 1948, ch. 758 62 Stat. 1155June 30, 1948Oct. 18, 1972Pub. L. 92–500 86 Stat. 816 Act June 30, 1948, ch. 758Oct. 18, 1972Pub. L. 92–500 86 Stat. 816This Act, referred to in subsec. (b), means , , prior to the supersedure and reenactment of act by act , , . , as added by act , , , enacted this chapter.

Amendments

Pub. L. 96–483 section 1281(g) of this title section 1283 of this title1980—Subsec. (f)(1). substituted “In any case where a substantial portion of the funds allotted to a State for the current fiscal year under this subchapter have been obligated under , or will be so obligated in a timely manner (as determined by the Administrator)” for “In any case where all funds allotted to a State under this subchapter have been obligated under ”, substituted “first fiscal year” for “future fiscal year”, inserted “in the period” before “for which the application”, substituted “and such requested payment for that fiscal year does not exceed the State’s expected allotment from such authorization. The Administrator shall not be required to make such requested payment for any fiscal year—” for “which authorization will insure such payment without exceeding the State’s expected allotment from such authorization.”, and added subpars. (A), (B), and provisions following subpar. (B).

Pub. L. 95–217July 1, 1973July 1, 19721977—Subsec. (a). substituted “” for “”.

Pub. L. 93–2071973—Subsec. (e). substituted “$2,600,000,000” for “$2,000,000,000”.

Statutory Notes and Related Subsidiaries

July 2, 1972July 1, 1973Application for Assistance for Publicly Owned Treatment Works Where Grants Were Made Before , and on Which Construction Was Initiated Before

Pub. L. 95–217, § 29(b)Dec. 27, 197791 Stat. 1576July 1, 1972July 1, 1973Dec. 27, 1977, , , provided that applications for assistance for publicly owned treatment works for which a grant was made under this chapter before , and on which construction was initiated before , be filed not later than the ninetieth day after .

Application for Assistance

Pub. L. 93–207, § 2Dec. 28, 197387 Stat. 906Jan. 31, 1974, , , provided that notwithstanding the requirements of subsec. (c) of this section, applications for assistance under this section could have been filed with the Administrator until .

June 30, 1973Allocation of Construction Grants Appropriated for the Year Ending ; Interim Payments; Limitations

Pub. L. 93–207, § 3Dec. 28, 197387 Stat. 906

Public Law 92–399June 30, 197386 Stat. 838 Public Law 92–399January 31, 1974“Funds available for reimbursement under [making appropriations for Agriculture-Environmental and Consumer Protection Programs for the fiscal year ending ] shall be allocated in accordance with subsection (d) of section 206 of the Federal Water Pollution Control Act () [subsec. (d) of this section], pro rata among all projects eligible under subsection (a) of such section 206 [subsec. (a) of this section] for which applications have been submitted and approved by the Administrator pursuant to such Act [this chapter]. Notwithstanding the provisions of subsection (d) of such section 206, (1) the Administrator is authorized to make interim payments to each such project for which an application has been approved on the basis of estimates of maximum pro rata entitlement of all applicants under section 206(a) and (2) for the purpose of determining allocation of sums available under , the unpaid balance of reimbursement due such projects shall be computed as of . Upon completion by the Administrator of his audit and approval of all projects for which an application has been filed under subsection (a) of such section 206, the Administrator shall, within the limits of appropriated funds, allocate to each such qualified project the amount remaining, if any, of its total entitlement. Amounts allocated to projects which are later determined to be in excess of entitlement shall be available for reallocation, until expended, to other qualified projects under subsection (a) of such section 206. In no event, however, shall any payments exceed the Federal share of the cost of construction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such construction in conformity to plans and specifications for the project.”

, , , provided that: