§ 1286. — Reimbursement and advanced construction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1286]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
Sec. 1286. Reimbursement and advanced construction
(a) Publicly owned treatment works construction initiated after June 30,
1966, but before July 1, 1973; reimbursement formula
Any publicly owned treatment works in a State on which construction
was initiated after June 30, 1966, but before July 1, 1973, which was
approved by the appropriate State water pollution control agency and
which the Administrator finds meets the requirements of section 1158 of
this title 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 section
1158 of this title 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 section 1158(f) of this title as in effect immediately
prior to October 18, 1972. 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) Publicly owned treatment works construction initiated between June
30, 1956, and June 30, 1966; reimbursement formula
Any publicly owned treatment works constructed with or eligible for
Federal financial assistance under this Act in a State between June 30,
1956, and June 30, 1966, which was approved by the State water pollution
control agency and which the Administrator finds meets the requirements
of section 1158 of this title prior to October 18, 1972 but which was
constructed without assistance under such section 1158 of this title 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
No 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 October 18, 1972. 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) 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 section 1281(g) of this title, 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, title II, Sec. 206, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 838; amended Pub. L. 93-207, Sec. 1(2),
Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217, Sec. 29(a), Dec. 27, 1977,
91 Stat. 1576; Pub. L. 96-483, Sec. 5, Oct. 21, 1980, 94 Stat. 2361.)
References in Text
Section 1158 of this title, referred to in subsecs. (a) and (b),
refers to section 8 of act June 30, 1948, ch. 758, 62 Stat. 1158, prior
to the supersedure and reenactment of act June 30, 1948, by act Oct. 18,
1972, Pub. L. 92-500, 86 Stat. 816. Provisions of section 1158 of this
title are covered by this subchapter.
This Act, referred to in subsec. (b), means act June 30, 1948, ch.
758, 62 Stat. 1155, prior to the supersedure and reenactment of act June
30, 1948 by act Oct. 18, 1972, Pub. L. 92-500, 86 Stat. 816. Act June
30, 1948, ch. 758, as added by act Oct. 18, 1972, Pub. L. 92-500, 86
Stat. 816, enacted this chapter.
Amendments
1980--Subsec. (f)(1). Pub. L. 96-483 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 section
1281(g) of this title, 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
section 1283 of this title'', 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).
1977--Subsec. (a). Pub. L. 95-217 substituted ``July 1, 1973'' for
``July 1, 1972''.
1973--Subsec. (e). Pub. L. 93-207 substituted ``$2,600,000,000'' for
``$2,000,000,000''.
Application for Assistance for Publicly Owned Treatment Works Where
Grants Were Made Before July 2, 1972, and on Which Construction Was
Initiated Before July 1, 1973
Section 29(b) of Pub. L. 95-217 provided that applications for
assistance for publicly owned treatment works for which a grant was made
under this chapter before July 1, 1972, and on which construction was
initiated before July 1, 1973, be filed not later than the ninetieth day
after Dec. 27, 1977.
Application for Assistance
Section 2 of Pub. L. 93-207 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
Jan. 31, 1974.
Allocation of Construction Grants Appropriated for the Year Ending June
30, 1973; Interim Payments; Limitations
Section 3 of Pub. L. 93-207 provided that: ``Funds available for
reimbursement under Public Law 92-399 [making appropriations for
Agriculture-Environmental and Consumer Protection Programs for the
fiscal year ending June 30, 1973] shall be allocated in accordance with
subsection (d) of section 206 of the Federal Water Pollution Control Act
(86 Stat. 838) [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 Public Law 92-399, the unpaid balance of reimbursement
due such projects shall be computed as of January 31, 1974. 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.''
Section Referred to in Other Sections
This section is referred to in sections 1287, 1293, 1376 of this
title.
