§ 1282. — Federal share.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1282]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
Sec. 1282. Federal share
(a) Amount of grants for treatment works
(1) The amount of any grant for treatment works made under this
chapter from funds authorized for any fiscal year beginning after June
30, 1971, and ending before October 1, 1984, shall be 75 per centum of
the cost of construction thereof (as approved by the Administrator), and
for any fiscal year beginning on or after October 1, 1984, shall be 55
per centum of the cost of construction thereof (as approved by the
Administrator), unless modified to a lower percentage rate uniform
throughout a State by the Governor of that State with the concurrence of
the Administrator. Within ninety days after October 21, 1980, the
Administrator shall issue guidelines for concurrence in any such
modification, which shall provide for the consideration of the
unobligated balance of sums allocated to the State under section 1285 of
this title, the need for assistance under this subchapter in such State,
and the availability of State grant assistance to replace the Federal
share reduced by such modification. The payment of any such reduced
Federal share shall not constitute an obligation on the part of the
United States or a claim on the part of any State or grantee to
reimbursement for the portion of the Federal share reduced in any such
State. Any grant (other than for reimbursement) made prior to October
18, 1972, from any funds authorized for any fiscal year beginning after
June 30, 1971, shall, upon the request of the applicant, be increased to
the applicable percentage under this section. Notwithstanding the first
sentence of this paragraph, in any case where a primary, secondary, or
advanced waste treatment facility or its related interceptors or a
project for infiltration-in-flow correction has received a grant for
erection, building, acquisition, alteration, remodeling, improvement,
extension, or correction before October 1, 1984, all segments and phases
of such facility, interceptors, and project for infiltration-in-flow
correction shall be eligible for grants at 75 per centum of the cost of
construction thereof for any grant made pursuant to a State obligation
which obligation occurred before October 1, 1990. Notwithstanding the
first sentence of this paragraph, in the case of a project for which an
application for a grant under this subchapter has been made to the
Administrator before October 1, 1984, and which project is under
judicial injunction on such date prohibiting its construction, such
project shall be eligible for grants at 75 percent of the cost of
construction thereof. Notwithstanding the first sentence of this
paragraph, in the case of the Wyoming Valley Sanitary Authority project
mandated by judicial order under a proceeding begun prior to October 1,
1984, and a project for wastewater treatment for Altoona, Pennsylvania,
such projects shall be eligible for grants at 75 percent of the cost of
construction thereof.
(2) The amount of any grant made after September 30, 1978, and
before October 1, 1981, for any eligible treatment works or significant
portion thereof utilizing innovative or alternative wastewater treatment
processes and techniques referred to in section 1281(g)(5) of this title
shall be 85 per centum of the cost of construction thereof, unless
modified by the Governor of the State with the concurrence of the
Administrator to a percentage rate no less than 15 per centum greater
than the modified uniform percentage rate in which the Administrator has
concurred pursuant to paragraph (1) of this subsection. The amount of
any grant made after September 30, 1981, for any eligible treatment
works or unit processes and techniques thereof utilizing innovative or
alternative wastewater treatment processes and techniques referred to in
section 1281(g)(5) of this title shall be a percentage of the cost of
construction thereof equal to 20 per centum greater than the percentage
in effect under paragraph (1) of this subsection for such works or unit
processes and techniques, but in no event greater than 85 per centum of
the cost of construction thereof. No grant shall be made under this
paragraph for construction of a treatment works in any State unless the
proportion of the State contribution to the non-Federal share of
construction costs for all treatment works in such State receiving a
grant under this paragraph is the same as or greater than the proportion
of the State contribution (if any) to the non-Federal share of
construction costs for all treatment works receiving grants in such
State under paragraph (1) of this subsection.
(3) In addition to any grant made pursuant to paragraph (2) of this
subsection, the Administrator is authorized to make a grant to fund all
of the costs of the modification or replacement of any facilities
constructed with a grant made pursuant to paragraph (2) if the
Administrator finds that such facilities have not met design performance
specifications unless such failure is attributable to negligence on the
part of any person and if such failure has significantly increased
capital or operating and maintenance expenditures. In addition, the
Administrator is authorized to make a grant to fund all of the costs of
the modification or replacement of biodisc equipment (rotating
biological contactors) in any publicly owned treatment works if the
Administrator finds that such equipment has failed to meet design
performance specifications, unless such failure is attributable to
negligence on the part of any person, and if such failure has
significantly increased capital or operating and maintenance
expenditures.
(4) For the purposes of this section, the term ``eligible treatment
works'' means those treatment works in each State which meet the
requirements of section 1281(g)(5) of this title and which can be fully
funded from funds available for such purpose in such State.
(b) Amount of grants for construction of treatment works not commenced
prior to July 1, 1971
The amount of the grant for any project approved by the
Administrator after January 1, 1971, and before July 1, 1971, for the
construction of treatment works, the actual erection, building or
acquisition of which was not commenced prior to July 1, 1971, shall,
upon the request of the applicant, be increased to the applicable
percentage under subsection (a) of this section for grants for treatment
works from funds for fiscal years beginning after June 30, 1971, with
respect to the cost of such actual erection, building, or acquisition.
Such increased amount shall be paid from any funds allocated to the
State in which the treatment works is located without regard to the
fiscal year for which such funds were authorized. Such increased amount
shall be paid for such project only if--
(1) a sewage collection system that is a part of the same total
waste treatment system as the treatment works for which such grant
was approved is under construction or is to be constructed for use
in conjunction with such treatment works, and if the cost of such
sewage collection system exceeds the cost of such treatment works,
and
(2) the State water pollution control agency or other
appropriate State authority certifies that the quantity of available
ground water will be insufficient, inadequate, or unsuitable for
public use, including the ecological preservation and recreational
use of surface water bodies, unless effluents from publicly-owned
treatment works after adequate treatment are returned to the ground
water consistent with acceptable technological standards.
(c) Availability of sums allotted to Puerto Rico
Notwithstanding any other provision of law, sums allotted to the
Commonwealth of Puerto Rico under section 1285 of this title for fiscal
year 1981 shall remain available for obligation for the fiscal year for
which authorized and for the period of the next succeeding twenty-four
months. Such sums and any unobligated funds available to Puerto Rico
from allotments for fiscal years ending prior to October 1, 1981, shall
be available for obligation by the Administrator of the Environmental
Protection Agency only to fund the following systems: Aguadilla,
Arecibo, Mayaguez, Carolina, and Camuy Hatillo. These funds may be used
by the commonwealth of Puerto Rico to fund the non-Federal share of the
costs of such projects. To the extent that these funds are used to pay
the non-Federal share, the Commonwealth of Puerto Rico shall repay to
the Environmental Protection Agency such amounts on terms and conditions
developed and approved by the Administrator in consultation with the
Governor of the Commonwealth of Puerto Rico. Agreement on such terms and
conditions, including the payment of interest to be determined by the
Secretary of the Treasury, shall be reached prior to the use of these
funds for the Commonwealth's non-Federal share. No Federal funds awarded
under this provision shall be used to replace local governments funds
previously expended on these projects.
(June 30, 1948, ch. 758, title II, Sec. 202, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 834; amended Pub. L. 95-217, Sec. 17,
Dec. 27, 1977, 91 Stat. 1571; Pub. L. 96-483, Sec. 9, Oct. 21, 1980, 94
Stat. 2362; Pub. L. 97-117, Secs. 7, 8(a), (b), Dec. 29, 1981, 95 Stat.
1625; Pub. L. 97-357, title V, Sec. 501, Oct. 19, 1982, 96 Stat. 1712;
Pub. L. 100-4, title II, Sec. 202(a)-(d), Feb. 4, 1987, 101 Stat. 15,
16.)
Amendments
1987--Subsec. (a)(1). Pub. L. 100-4, Sec. 202(a), inserted ``for any
grant made pursuant to a State obligation which obligation occurred
before October 1, 1990'' before period at end of last sentence.
Pub. L. 100-4, Sec. 202(b), inserted at end ``Notwithstanding the
first sentence of this paragraph, in the case of a project for which an
application for a grant under this subchapter has been made to the
Administrator before October 1, 1984, and which project is under
judicial injunction on such date prohibiting its construction, such
project shall be eligible for grants at 75 percent of the cost of
construction thereof.''
Pub. L. 100-4, Sec. 202(c), inserted at end ``Notwithstanding the
first sentence of this paragraph, in the case of the Wyoming Valley
Sanitary Authority project mandated by judicial order under a proceeding
begun prior to October 1, 1984, and a project for wastewater treatment
for Altoona, Pennsylvania, such projects shall be eligible for grants at
75 percent of the cost of construction thereof.''
Subsec. (a)(3). Pub. L. 100-4, Sec. 202(d), inserted at end ``In
addition, the Administrator is authorized to make a grant to fund all of
the costs of the modification or replacement of biodisc equipment
(rotating biological contactors) in any publicly owned treatment works
if the Administrator finds that such equipment has failed to meet design
performance specifications, unless such failure is attributable to
negligence on the part of any person, and if such failure has
significantly increased capital or operating and maintenance
expenditures.''
1982--Subsec. (c). Pub. L. 97-357 added subsec. (c).
1981--Subsec. (a)(1). Pub. L. 97-117, Sec. 7, inserted ``and ending
before October 30, 1984,'' after ``June 30, 1971,'' and ``and for any
fiscal year beginning on or after October 1, 1984, shall be 55 per
centum of the cost of construction thereof (as approved by the
Administrator),'' after ``(as approved by the Administrator),'' and
provision that notwithstanding first sentence of this paragraph, in any
case where primary, secondary, or advanced waste treatment facility or
its related interceptors or a project for infiltration-in-flow
correction has received a grant for building, acquisition, etc., before
Oct. 1, 1984, all segments and phases be eligible for grants at 75 per
centum of the cost of construction.
Subsec. (a)(2). Pub. L. 97-117, Sec. 8(a), inserted provision that
the amount of any grant made after Sept. 30, 1981, for any eligible
treatment works or unit processes or techniques, utilizing innovative or
alternative wastewater treatment processes or techniques referred to in
section 1281(g)(5) of this title be a percentage of the cost of
construction equal to 20 per centum greater than the percentage in
effect under par. (1) of this subsection, but in no event greater than
85 per centum of the cost of construction.
Subsec. (a)(4). Pub. L. 97-117, Sec. 8(b), struck out ``in the
fiscal years ending September 30, 1979, September 30, 1980, and
September 30, 1981'' after ``purpose in such State'' and provision that
excluded from term ``eligible treatment works'' collector sewers,
interceptors, storm or sanitary sewers or the separation thereof, or
major sewer rehabilitation.
1980--Subsec. (a)(1). Pub. L. 96-483, Sec. 9(a), inserted provisions
relating to modification to a lower percentage rate by the Governor of
the State and issuance of guidelines by the Administrator for the
concurrence in any such modification.
Subsec. (a)(2). Pub. L. 96-483, Sec. 9(b), inserted provision
relating to the modification by the Governor of the State to a
percentage rate no less than 15 per centum greater than the modified
uniform rate in which the Administrator has concurred.
1977--Subsec. (a). Pub. L. 95-217 designated existing provisions as
par. (1) and added pars. (2) to (4).
Promulgation of Federal Shares
Act July 9, 1956, ch. 518, Sec. 4, 70 Stat. 507, authorized the
Surgeon General to promulgate Federal shares under the Federal Water
Pollution Control Grant Program as soon as possible after July 9, 1956,
in the manner specified in the Water Pollution Control Act, act June 30,
1948, ch. 758, 62 Stat. 1155, and provided that such shares were to be
conclusive for the purposes of section 5 of act June 30, 1948.
Section Referred to in Other Sections
This section is referred to in sections 1255, 1281, 1283, 1285 of
this title.
