§ 1283. — Plans, specifications, estimates, and payments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1283]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
Sec. 1283. Plans, specifications, estimates, and payments
(a) Submission; contractual nature of approval by Administrator;
agreement on eligible costs; single grant
(1) Each applicant for a grant shall submit to the Administrator for
his approval, plans, specifications, and estimates for each proposed
project for the construction of treatment works for which a grant is
applied for under section 1281(g)(1) of this title from funds allotted
to the State under section 1285 of this title and which otherwise meets
the requirements of this chapter. The Administrator shall act upon such
plans, specifications, and estimates as soon as practicable after the
same have been submitted, and his approval of any such plans,
specifications, and estimates shall be deemed a contractual obligation
of the United States for the payment of its proportional contribution to
such project.
(2) Agreement on eligible costs.--
(A) Limitation on modifications.--Before taking final action on
any plans, specifications, and estimates submitted under this
subsection after the 60th day following February 4, 1987, the
Administrator shall enter into a written agreement with the
applicant which establishes and specifies which items of the
proposed project are eligible for Federal payments under this
section. The Administrator may not later modify such eligibility
determinations unless they are found to have been made in violation
of applicable Federal statutes and regulations.
(B) Limitation on effect.--Eligibility determinations under this
paragraph shall not preclude the Administrator from auditing a
project pursuant to section 1361 of this title, or other authority,
or from withholding or recovering Federal funds for costs which are
found to be unreasonable, unsupported by adequate documentation, or
otherwise unallowable under applicable Federal cost principles, or
which are incurred on a project which fails to meet the design
specifications or effluent limitations contained in the grant
agreement and permit pursuant to section 1342 of this title for such
project.
(3) In the case of a treatment works that has an estimated total
cost of $8,000,000 or less (as determined by the Administrator), and the
population of the applicant municipality is twenty-five thousand or less
(according to the most recent United States census), upon completion of
an approved facility plan, a single grant may be awarded for the
combined Federal share of the cost of preparing construction plans and
specifications, and the building and erection of the treatment works.
(b) Periodic payments
The Administrator shall, from time to time as the work progresses,
make payments to the recipient of a grant for costs of construction
incurred on a project. These payments shall at no time 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.
(c) Final payments
After completion of a project and approval of the final voucher by
the Administrator, he shall pay out of the appropriate sums the unpaid
balance of the Federal share payable on account of such project.
(d) Projects eligible
Nothing in this chapter shall be construed to require, or to
authorize the Administrator to require, that grants under this chapter
for construction of treatment works be made only for projects which are
operable units usable for sewage collection, transportation, storage,
waste treatment, or for similar purposes without additional
construction.
(e) Technical and legal assistance in administration and enforcement of
contracts; intervention in civil actions
At the request of a grantee under this subchapter, the Administrator
is authorized to provide technical and legal assistance in the
administration and enforcement of any contract in connection with
treatment works assisted under this subchapter, and to intervene in any
civil action involving the enforcement of such a contract.
(f) Design/build projects
(1) Agreement
Consistent with State law, an applicant who proposes to
construct waste water treatment works may enter into an agreement
with the Administrator under this subsection providing for the
preparation of construction plans and specifications and the
erection of such treatment works, in lieu of proceeding under the
other provisions of this section.
(2) Limitation on projects
Agreements under this subsection shall be limited to projects
under an approved facility plan which projects are--
(A) treatment works that have an estimated total cost of
$8,000,000 or less; and
(B) any of the following types of waste water treatment
systems: aerated lagoons, trickling filters, stabilization
ponds, land application systems, sand filters, and subsurface
disposal systems.
(3) Required terms
An agreement entered into under this subsection shall--
(A) set forth an amount agreed to as the maximum Federal
contribution to the project, based upon a competitively bid
document of basic design data and applicable standard
construction specifications and a determination of the federally
eligible costs of the project at the applicable Federal share
under section 1282 of this title;
(B) set forth dates for the start and completion of
construction of the treatment works by the applicant and a
schedule of payments of the Federal contribution to the project;
(C) contain assurances by the applicant that (i) engineering
and management assistance will be provided to manage the
project; (ii) the proposed treatment works will be an operable
unit and will meet all the requirements of this subchapter; and
(iii) not later than 1 year after the date specified as the date
of completion of construction of the treatment works, the
treatment works will be operating so as to meet the requirements
of any applicable permit for such treatment works under section
1342 of this title;
(D) require the applicant to obtain a bond from the
contractor in an amount determined necessary by the
Administrator to protect the Federal interest in the project;
and
(E) contain such other terms and conditions as are necessary
to assure compliance with this subchapter (except as provided in
paragraph (4) of this subsection).
(4) Limitation on application
Subsections (a), (b), and (c) of this section shall not apply to
grants made pursuant to this subsection.
(5) Reservation to assure compliance
The Administrator shall reserve a portion of the grant to assure
contract compliance until final project approval as defined by the
Administrator. If the amount agreed to under paragraph (3)(A)
exceeds the cost of designing and constructing the treatment works,
the Administrator shall reallot the amount of the excess to the
State in which such treatment works are located for the fiscal year
in which such audit is completed.
(6) Limitation on obligations
The Administrator shall not obligate more than 20 percent of the
amount allotted to a State for a fiscal year under section 1285 of
this title for grants pursuant to this subsection.
(7) Allowance
The Administrator shall determine an allowance for facilities
planning for projects constructed under this subsection in
accordance with section 1281(l) of this title.
(8) Limitation on Federal contributions
In no event shall the Federal contribution for the cost of
preparing construction plans and specifications and the building and
erection of treatment works pursuant to this subsection exceed the
amount agreed upon under paragraph (3).
(9) Recovery action
In any case in which the recipient of a grant made pursuant to
this subsection does not comply with the terms of the agreement
entered into under paragraph (3), the Administrator is authorized to
take such action as may be necessary to recover the amount of the
Federal contribution to the project.
(10) Prevention of double benefits
A recipient of a grant made pursuant to this subsection shall
not be eligible for any other grants under this subchapter for the
same project.
(June 30, 1948, ch. 758, title II, Sec. 203, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 835; amended Pub. L. 93-243, Sec. 2,
Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs. 18, 19, Dec. 27,
1977, 91 Stat. 1571, 1572; Pub. L. 96-483, Sec. 6, Oct. 21, 1980, 94
Stat. 2362; Pub. L. 97-117, Sec. 9, Dec. 29, 1981, 95 Stat. 1626; Pub.
L. 100-4, title II, Secs. 203, 204, Feb. 4, 1987, 101 Stat. 16, 17.)
Amendments
1987--Subsec. (a). Pub. L. 100-4, Sec. 203, designated provision
relating to submission of plans, specifications, and estimates, and
provision relating to contractual nature of approval by Administrator as
par. (1), designated provision relating to requirements for awarding
single grant for combined Federal share of cost of preparing plans and
specifications, and building and erection of treatment works as par.
(3), and added par. (2).
Subsec. (f). Pub. L. 100-4, Sec. 204, added subsec. (f).
1981--Subsec. (a). Pub. L. 97-117 substituted ``$8,000,000'' for
``$4,000,000'' and struck out provision that, if any State is found by
the Administrator to have unusually high costs of construction, the
Administrator may authorize a single grant where the estimated total
cost of the treatment works does not exceed $5,000,000.
1980--Subsec. (a). Pub. L. 96-483 substituted ``$4,000,000'' and
``$5,000,000'' for ``$2,000,000'' and ``$3,000,000'', respectively.
1977--Subsec. (a). Pub. L. 95-217, Sec. 18, provided that, in the
case of a treatment works that has an estimated total cost of $2,000,000
or less (as determined by the Administrator), and the population of the
applicant municipality is twenty-five thousand or less (according to the
most recent United States census), upon completion of an approved
facility plan, a single grant may be awarded for the combined Federal
share of the cost of preparing construction plans and specifications,
and the building and erection of the treatment works, and that, if any
State is found by the Administrator to have unusually high costs of
construction, the Administrator may authorize a single grant where the
estimated total cost of the treatment works does not exceed $3,000,000.
Subsec. (e). Pub. L. 95-217, Sec. 19, added subsec. (e).
1974--Subsec. (d). Pub. L. 93-243 added subsec. (d).
Section Referred to in Other Sections
This section is referred to in sections 1284, 1285, 1311 of this
title.
