§ 1256. — Grants for pollution control programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1256]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I--RESEARCH AND RELATED PROGRAMS
Sec. 1256. Grants for pollution control programs
(a) Authorization of appropriations for State and interstate programs
There are hereby authorized to be appropriated the following sums,
to remain available until expended, to carry out the purpose of this
section--
(1) $60,000,000 for the fiscal year ending June 30, 1973; and
(2) $75,000,000 for the fiscal year ending June 30, 1974, and
the fiscal year ending June 30, 1975, $100,000,000 per fiscal year
for the fiscal years 1977, 1978, 1979, and 1980, $75,000,000 per
fiscal year for the fiscal years 1981 and 1982, such sums as may be
necessary for fiscal years 1983 through 1985, and $75,000,000 per
fiscal year for each of the fiscal years 1986 through 1990;
for grants to States and to interstate agencies to assist them in
administering programs for the prevention, reduction, and elimination of
pollution, including enforcement directly or through appropriate State
law enforcement officers or agencies.
(b) Allotments
From the sums appropriated in any fiscal year, the Administrator
shall make allotments to the several States and interstate agencies in
accordance with regulations promulgated by him on the basis of the
extent of the pollution problem in the respective States.
(c) Maximum annual payments
The Administrator is authorized to pay to each State and interstate
agency each fiscal year either--
(1) the allotment of such State or agency for such fiscal year
under subsection (b) of this section, or
(2) the reasonable costs as determined by the Administrator of
developing and carrying out a pollution program by such State or
agency during such fiscal year,
which ever amount is the lesser.
(d) Limitations
No grant shall be made under this section to any State or interstate
agency for any fiscal year when the expenditure of non-Federal funds by
such State or interstate agency during such fiscal year for the
recurrent expenses of carrying out its pollution control program are
less than the expenditure by such State or interstate agency of non-
Federal funds for such recurrent program expenses during the fiscal year
ending June 30, 1971.
(e) Grants prohibited to States not establishing water quality
monitoring procedures or adequate emergency and contingency
plans
Beginning in fiscal year 1974 the Administrator shall not make any
grant under this section to any State which has not provided or is not
carrying out as a part of its program--
(1) the establishment and operation of appropriate devices,
methods, systems, and procedures necessary to monitor, and to
compile and analyze data on (including classification according to
eutrophic condition), the quality of navigable waters and to the
extent practicable, ground waters including biological monitoring;
and provision for annually updating such data and including it in
the report required under section 1315 of this title;
(2) authority comparable to that in section 1364 of this title
and adequate contingency plans to implement such authority.
(f) Conditions
Grants shall be made under this section on condition that--
(1) Such State (or interstate agency) files with the
Administrator within one hundred and twenty days after October 18,
1972:
(A) a summary report of the current status of the State
pollution control program, including the criteria used by the
State in determining priority of treatment works; and
(B) such additional information, data, and reports as the
Administrator may require.
(2) No federally assumed enforcement as defined in section
1319(a)(2) of this title is in effect with respect to such State or
interstate agency.
(3) Such State (or interstate agency) submits within one hundred
and twenty days after October 18, 1972, and before October 1 of each
year thereafter for the Administrator's approval of its program for
the prevention, reduction, and elimination of pollution in
accordance with purposes and provisions of this chapter in such form
and content as the Administrator may prescribe.
(g) Reallotment of unpaid allotments
Any sums allotted under subsection (b) of this section in any fiscal
year which are not paid shall be reallotted by the Administrator in
accordance with regulations promulgated by him.
(June 30, 1948, ch. 758, title I, Sec. 106, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 827; amended Pub. L. 93-592, Sec. 3,
Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94-273, Sec. 3(20), Apr. 21, 1976,
90 Stat. 377; Pub. L. 95-217, Sec. 4(c), Dec. 27, 1977, 91 Stat. 1566;
Pub. L. 96-483, Sec. 1(b), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4,
title I, Sec. 101(b), Feb. 4, 1987, 101 Stat. 9.)
Amendments
1987--Subsec. (a)(2). Pub. L. 100-4 inserted ``, such sums as may be
necessary for fiscal years 1983 through 1985, and $75,000,000 per fiscal
year for each of the fiscal years 1986 through 1990'' after ``1982''.
1980--Subsec. (a)(2). Pub. L. 96-483 inserted authorization of the
sum of $75,000,000 per fiscal year for fiscal years 1981 and 1982.
1977--Subsec. (a)(2). Pub. L. 95-217 substituted ``and the fiscal
year ending June 30, 1975, $100,000,000 per fiscal year for the fiscal
years 1977, 1978, 1979, and 1980'' for ``and the fiscal year ending June
30, 1975''.
1976--Subsec. (f)(3). Pub. L. 94-273 substituted ``October'' for
``July''.
1975--Subsec. (a)(2). Pub. L. 93-592 substituted ``June 30, 1974,
and the fiscal year ending June 30, 1975;'' for ``June 30, 1974;''.
Section Referred to in Other Sections
This section is referred to in sections 1376, 1377 of this title.
