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§ 1285. —  Allotment of grant funds.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 33USC1285]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
           CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
 
        SUBCHAPTER II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
 
Sec. 1285. Allotment of grant funds


(a) Funds for fiscal years during period June 30, 1972, and September 
        30, 1977; determination of amount

    Sums authorized to be appropriated pursuant to section 1287 of this 
title for each fiscal year beginning after June 30, 1972, and before 
September 30, 1977, shall be allotted by the Administrator not later 
than the January 1st immediately preceding the beginning of the fiscal 
year for which authorized, except that the allotment for fiscal year 
1973 shall be made not later than 30 days after October 18, 1972. Such 
sums shall be allotted among the States by the Administrator in 
accordance with regulations promulgated by him, in the ratio that the 
estimated cost of constructing all needed publicly owned treatment works 
in each State bears to the estimated cost of construction of all needed 
publicly owned treatment works in all of the States. For the fiscal 
years ending June 30, 1973, and June 30, 1974, such ratio shall be 
determined on the basis of table III of House Public Works Committee 
Print No. 92-50. For the fiscal year ending June 30, 1975, such ratio 
shall be determined one-half on the basis of table I of House Public 
Works Committee Print Numbered 93-28 and one-half on the basis of table 
II of such print, except that no State shall receive an allotment less 
than that which it received for the fiscal year ending June 30, 1972, as 
set forth in table III of such print. Allotments for fiscal years which 
begin after the fiscal year ending June 30, 1975, shall be made only in 
accordance with a revised cost estimate made and submitted to Congress 
in accordance with section 1375(b) of this title and only after such 
revised cost estimate shall have been approved by law specifically 
enacted after October 18, 1972.

(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) of this 
section 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:


                                                      Fiscal years 1983
                      States:                         through 1985 \1\

    Alabama.......................................               .011398
\1\ So in original. Probably should be ``1986''.
    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
    Kansas........................................               .009201
    Kentucky......................................               .012973
    Louisiana.....................................               .011205
    Maine.........................................               .007788
    Maryland......................................               .024653
    Massachusetts.................................               .034608
    Michigan......................................               .043829
    Minnesota.....................................               .018735
    Mississippi...................................               .009184
    Missouri......................................               .028257
    Montana.......................................               .004965
    Nebraska......................................               .005214
    Nevada........................................               .004965
    New Hampshire.................................               .010186
    New Jersey....................................               .041654
    New Mexico....................................               .004965
    New York......................................               .113097
    North Carolina................................               .018396
    North Dakota..................................               .004965
    Ohio..........................................               .057383
    Oklahoma......................................               .008235
    Oregon........................................               .011515
    Pennsylvania..................................               .040377
    Rhode Island..................................               .006750
    South Carolina................................               .010442
    South Dakota..................................               .004965
    Tennessee.....................................               .014807
    Texas.........................................               .038726
    Utah..........................................               .005371
    Vermont.......................................               .004965
    Virginia......................................               .020861
    Washington....................................               .017726
    West Virginia.................................               .015890
    Wisconsin.....................................               .027557
    Wyoming.......................................               .004965
    Samoa.........................................               .000915
    Guam..........................................               .000662
    Northern Marianas.............................               .000425
    Puerto Rico...................................               .013295
    Pacific Trust Territories.....................               .001305
    Virgin Islands................................               .000531
                                                   ---------------------
      United States totals........................               .999996


    (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
    Wisconsin.....................................               .027342
    Wyoming.......................................               .004965
    American Samoa................................               .000908
    Guam..........................................               .000657
    Northern Marianas.............................               .000422
    Puerto Rico...................................               .013191
    Pacific Trust Territories.....................               .001295
    Virgin Islands................................               .000527


(d) Availability and use of funds; reallotment

    Sums allotted to the States for a fiscal year shall remain available 
for obligation for the fiscal year for which authorized and for the 
period of the next succeeding twelve months. The amount of any allotment 
not obligated by the end of such twenty-four-month period shall be 
immediately reallotted by the Administrator on the basis of the same 
ratio as applicable to sums allotted for the then current fiscal year, 
except that none of the funds reallotted by the Administrator for fiscal 
year 1978 and for fiscal years thereafter shall be allotted to any State 
which failed to obligate any of the funds being reallotted. 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.

(e) Minimum allotment; additional appropriations; ratio of amount 
        available

    For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 
1986, 1987, 1988, 1989, and 1990, no State shall receive less than one-
half of 1 per centum of the total allotment under subsection (c) of this 
section, except that in the case of Guam, Virgin Islands, American 
Samoa, and the Trust Territories not more than thirty-three one-
hundredths of 1 per centum in the aggregate shall be allotted to all 
four of these jurisdictions. For the purpose of carrying out this 
subsection there are authorized to be appropriated, subject to such 
amounts as are provided in appropriation Acts, not to exceed $75,000,000 
for each of fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 
1986, 1987, 1988, 1989, and 1990. If for any fiscal year the amount 
appropriated under authority of this subsection is less than the amount 
necessary to carry out this subsection, the amount each State receives 
under this subsection for such year shall bear the same ratio to the 
amount such State would have received under this subsection in such year 
if the amount necessary to carry it out had been appropriated as the 
amount appropriated for such year bears to the amount necessary to carry 
out this subsection for such year.

(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\ 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\ So in original. The period probably should be a comma.
---------------------------------------------------------------------------
    (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

    The Administrator shall set aside from funds authorized for each 
fiscal year beginning on or after October 1, 1978, a total (as 
determined by the Governor of the State) of not less than 4 percent nor 
more than 7\1/2\ percent of the sums allotted to any State with a rural 
population of 25 per centum or more of the total population of such 
State, as determined by the Bureau of the Census. The Administrator may 
set aside no more than 7\1/2\ percent of the sums allotted to any other 
State for which the Governor requests such action. Such sums shall be 
available only for alternatives to conventional sewage treatment works 
for municipalities having a population of three thousand five hundred or 
less, or for the highly dispersed sections of larger municipalities, as 
defined by the Administrator.

(i) Set-aside for innovative and alternative projects

    Not less than \1/2\ of 1 percent of funds allotted to a State for 
each of the fiscal years ending September 30, 1979, through September 
30, 1990, under subsection (c) of this section shall be expended only 
for increasing the Federal share of grants for construction of treatment 
works utilizing innovative processes and techniques pursuant to section 
1282(a)(2) of this title. Including the expenditures authorized by the 
preceding sentence, a total of 2 percent of the funds allotted to a 
State for each of the fiscal years ending September 30, 1979, and 
September 30, 1980, and 3 percent of the funds allotted to a State for 
the fiscal year ending September 30, 1981, under subsection (c) of this 
section shall be expended only for increasing grants for construction of 
treatment works pursuant to section 1282(a)(2) of this title. Including 
the expenditures authorized by the first sentence of this subsection, a 
total (as determined by the Governor of the State) of not less than 4 
percent nor more than 7\1/2\ percent of the funds allotted to such State 
under subsection (c) of this section for each of the fiscal years ending 
September 30, 1982, through September 30, 1990, shall be expended only 
for increasing the Federal share of grants for construction of treatment 
works pursuant to section 1282(a)(2) of this title.

(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

    The Administrator shall allot to the State of New York from sums 
authorized to be appropriated for the fiscal year ending September 30, 
1982, an amount necessary to pay the entire cost of conveying sewage 
from the Convention Center of the city of New York to the Newtown sewage 
treatment plant, Brooklyn-Queens area, New York. The amount allotted 
under this subsection shall be in addition to and not in lieu of any 
other amounts authorized to be allotted to such State under this 
chapter.

(l) Marine estuary reservation

                      (1) Reservation of funds

        (A) General rule

            Prior to making allotments among the States under subsection 
        (c) of this section, the Administrator shall reserve funds from 
        sums appropriated pursuant to section 1287 of this title for 
        each fiscal year beginning after September 30, 1986.

        (B) Fiscal years 1987 and 1988

            For each of fiscal years 1987 and 1988 the reservation shall 
        be 1 percent of the sums appropriated pursuant to section 1287 
        of this title for such fiscal year.

        (C) Fiscal years 1989 and 1990

            For each of fiscal years 1989 and 1990 the reservation shall 
        be 1\1/2\ percent of the funds appropriated pursuant to section 
        1287 of this title for such fiscal year.

                          (2) Use of funds

        Of the sums reserved under this subsection, two-thirds shall be 
    available to address water quality problems of marine bays and 
    estuaries subject to lower levels of water quality due to the 
    impacts of discharges from combined storm water and sanitary sewer 
    overflows from adjacent urban complexes, and one-third shall be 
    available for the implementation of section 1330 of this title, 
    relating to the national estuary program.

                     (3) Period of availability

        Sums reserved under this subsection shall be subject to the 
    period of availability for obligation established by subsection (d) 
    of this section.

               (4) Treatment of certain body of water

        For purposes of this section and section 1281(n) of this title, 
    Newark Bay, New Jersey, and the portion of the Passaic River up to 
    Little Falls, in the vicinity of Beatties Dam, shall be treated as a 
    marine bay and estuary.

(m) Discretionary deposits into State water pollution control revolving 
        funds

               (1) From construction grant allotments

        In addition to any amounts deposited in a water pollution 
    control revolving fund established by a State under subchapter VI of 
    this chapter, upon request of the Governor of such State, the 
    Administrator shall make available to the State for deposit, as 
    capitalization grants, in such fund in any fiscal year beginning 
    after September 30, 1986, such portion of the amounts allotted to 
    such State under this section for such fiscal year as the Governor 
    considers appropriate; except that (A) in fiscal year 1987, such 
    deposit may not exceed 50 percent of the amounts allotted to such 
    State under this section for such fiscal year, and (B) in fiscal 
    year 1988, such deposit may not exceed 75 percent of the amounts 
    allotted to such State under this section for this fiscal year.

                       (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

        Sums reserved under section 1285(j) of this title shall not be 
    available for obligation under this subsection.

(June 30, 1948, ch. 758, title II, Sec. 205, as added Pub. L. 92-500, 
Sec. 2, Oct. 18, 1972, 86 Stat. 837; amended Pub. L. 93-243, Sec. 1, 
Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs. 25, 26(a), 27, 28, 
Dec. 27, 1977, 91 Stat. 1574, 1575; Pub. L. 96-483, Sec. 11, Oct. 21, 
1980, 94 Stat. 2363; Pub. L. 97-117, Secs. 8(c), 13-16, Dec. 29, 1981, 
95 Stat. 1625, 1627-1629; Pub. L. 100-4, title II, Secs. 206(a)-(c), 
207-210, 212(b), title III, Sec. 316(d), Feb. 4, 1987, 101 Stat. 19-21, 
27, 60; Pub. L. 105-362, title V, Sec. 501(d)(2)(C), Nov. 10, 1998, 112 
Stat. 3284; Pub. L. 107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 
116 Stat. 2361.)

                          Codification

    Subsec. (f) provided that sums made available for obligation between 
Jan. 1, 1975, and Mar. 1, 1975, be available for obligation until Sept. 
30, 1978.


                               Amendments

    2002--Subsec. (a). Pub. L. 107-303 repealed Pub. L. 105-362, 
Sec. 501(d)(2)(C). See 1998 Amendment note below.
    1998--Subsec. (a). Pub. L. 105-362, Sec. 501(d)(2)(C), which 
directed the substitution of ``section 1375 of this title'' for 
``section 1375(b) of this title'' in last sentence, was repealed by Pub. 
L. 107-303. See Effective Date of 2002 Amendment note below.
    1987--Subsec. (c)(2). Pub. L. 100-4, Sec. 206(a)(1), substituted 
``September 30, 1985, and September 30, 1986'' for ``and September 30, 
1985''.
    Subsec. (c)(3). Pub. L. 100-4, Sec. 206(a)(2), added par. (3).
    Subsec. (e). Pub. L. 100-4, Sec. 206(b), substituted ``1985, 1986, 
1987, 1988, 1989, and 1990'' for ``and 1985'' in two places.
    Subsec. (g)(1). Pub. L. 100-4, Sec. 206(c), substituted ``October 1, 
1994'' for ``October 1, 1985''.
    Subsec. (h). Pub. L. 100-4, Sec. 207, substituted ``a total (as 
determined by the Governor of the State) of not less than 4 percent nor 
more than 7\1/2\ percent'' for ``four per centum'' and ``7\1/2\ per 
cent'' for ``four per centum''.
    Subsec. (i). Pub. L. 100-4, Sec. 208, amended subsec. (i) generally. 
Prior to amendment, subsec. (i) read as follows: ``Not less than one-
half of one per centum of funds allotted to a State for each of the 
fiscal years ending September 30, 1979, September 30, 1980, September 
30, 1981, September 30, 1982, September 30, 1983, September 30, 1984, 
and September 30, 1985, under subsection (a) of this section shall be 
expended only for increasing the Federal share of grants for 
construction of treatment works utilizing innovative processes and 
techniques pursuant to section 1282(a)(2) of this title. Including the 
expenditures authorized by the preceding sentence, a total of two per 
centum of the funds allotted to a State for each of the fiscal years 
ending September 30, 1979, and September 30, 1980, and 3 per centum of 
the funds allotted to a State for the fiscal year ending September 30, 
1981, under subsection (a) of this section shall be expended only for 
increasing grants for construction of treatment works from 75 per centum 
to 85 per centum pursuant to section 1282(a)(2) of this title. Including 
the expenditures authorized by the first sentence of this subsection, a 
total (as determined by the Governor of the State) of not less than 4 
per centum nor more than 7\1/2\ per centum of the funds allotted to such 
State for any fiscal year beginning after September 30, 1981, under 
subsection (c) of this section shall be expended only for increasing the 
Federal share of grants for construction of treatment works pursuant to 
section 1282(a)(2) of this title.''
    Subsec. (j)(3). Pub. L. 100-4, Sec. 209, inserted provision 
directing State to allocate at least 40 percent of amount granted under 
par. (2) to regional public comprehensive planning organizations and 
appropriate interstate organizations for development and implementation 
of plan, with exception for less than 40 percent allocation in certain 
circumstances.
    Subsec. (j)(5). Pub. L. 100-4, Sec. 316(d), added par. (5).
    Subsec. (l). Pub. L. 100-4, Sec. 210, added subsec. (l).
    Subsec. (m). Pub. L. 100-4, Sec. 212(b), added subsec. (m).
    1981--Subsec. (c). Pub. L. 97-117, Sec. 13(a), designated existing 
provision as par. (1) and added par. (2).
    Subsec. (e). Pub. L. 97-117, Sec. 13(b), substituted ``1981, 1982, 
1983, 1984, and 1985'' for ``and 1981'' in two places.
    Subsec. (g)(1). Pub. L. 97-117, Sec. 14, inserted ``except in the 
case of any fiscal year beginning on or after October 1, 1981, and 
ending before October 1, 1985, in which case the percentage authorized 
to be reserved shall not exceed 4 per centum.'' after ``October 1, 
1977,'' and provision that sums authorized to be reserved be in addition 
to and not in lieu of any other funds which may be authorized to carry 
out this subsection.
    Subsec. (i). Pub. L. 97-117, Sec. 8(c), substituted ``September 30, 
1981, September 30, 1982, September 30, 1983, September 30, 1984, and 
September 30, 1985'' for ``and September 30, 1981'', struck out ``from 
75 per centum to 85 per centum'' after ``innovative processes and 
techniques'', and inserted provision that including the expenditures 
authorized by the first sentence of this subsection, a total, as 
determined by the State Governor, of not less than 4 per centum nor more 
than 7\1/2\ per centum of the funds allotted to such State for any 
fiscal year beginning after Sept. 30, 1981, under subsec. (c) of this 
section be expended only for increasing the Federal share of grants for 
construction of treatment works pursuant to section 1282(a)(2) of this 
title.
    Subsecs. (j), (k). Pub. L. 97-117, Secs. 15, 16, added subsecs. (j) 
and (k).
    1980--Subsec. (g)(1). Pub. L. 96-483 inserted ``of the amount 
authorized under section 1287 of this title for purposes'' after ``2 per 
centum''.
    1977--Subsec. (a). Pub. L. 95-217, Sec. 25(a), substituted ``each 
fiscal year beginning after June 30, 1972, and before September 30, 
1977'' for ``each fiscal year beginning after June 30, 1972''.
    Subsecs. (c) to (f). Pub. L. 95-217, Sec. 25(b), added subsecs. (c) 
to (f).
    Subsecs. (g) to (i). Pub. L. 95-217, Secs. 26(a), 27, 28, added 
subsecs. (g) to (i).
    1974--Subsec. (a). Pub. L. 93-243 inserted provisions that for the 
fiscal year ending June 30, 1975, the ratio shall be determined one-half 
on the basis of table I of House Public Works Committee Print Numbered 
93-28 and one-half on the basis of table II of such print, except that 
no State shall receive an allotment less than that which it received for 
the fiscal year ending June 30, 1972, as set forth in table III of such 
print and substituted ``June 30, 1975'' for ``June 30, 1974'' in 
sentence beginning ``Allotments for fiscal years''.

                         Change of Name

    Committee on Public Works and Transportation of House of 
Representatives treated as referring to Committee on Transportation and 
Infrastructure of House of Representatives by section 1(a) of Pub. L. 
104-14, set out as a note preceding section 21 of Title 2, The Congress.


                    Effective Date of 2002 Amendment

    Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal 
Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and 
administered on and after Nov. 27, 2002, as if amendments made by 
section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see section 
302(b) of Pub. L. 107-303, set out as a note under section 1254 of this 
title.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


   Availability of Allotted Sums in Subsequent Years; Reallotment of 
                            Unobligated Sums

    Section 7 of Pub. L. 96-483 provided that: ``Notwithstanding section 
205(d) of the Federal Water Pollution Control Act (33 U.S.C. 1285), sums 
allotted to the States for the fiscal year 1979 shall remain available 
for obligation for the fiscal year for which authorized and for the 
period of the next succeeding twenty-four months. The amount of any 
allotment not obligated by the end of such thirty-six month period shall 
be immediately reallotted by the Administrator on the basis of the same 
ratio as applicable to sums allotted for the then current fiscal year, 
except that none of the funds reallotted by the Administrator for fiscal 
year 1979 shall be allotted to any State which failed to obligate any of 
the funds being reallotted. Any sum made available to a State by 
reallotment under this section shall be in addition to any funds 
otherwise allotted to such State for grants under title II of the 
Federal Water Pollution Control Act [this subchapter] during any fiscal 
year. This section shall take effect on September 30, 1980.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1254, 1259, 1266, 1281, 
1282, 1283, 1329, 1377, 1382, 1383, 1384, 1414b of this title.



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