§ 1382. — Capitalization grant agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1382]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
Sec. 1382. Capitalization grant agreements
(a) General rule
To receive a capitalization grant with funds made available under
this subchapter and section 1285(m) of this title, a State shall enter
into an agreement with the Administrator which shall include but not be
limited to the specifications set forth in subsection (b) of this
section.
(b) Specific requirements
The Administrator shall enter into an agreement under this section
with a State only after the State has established to the satisfaction of
the Administrator that--
(1) the State will accept grant payments with funds to be made
available under this subchapter and section 1285(m) of this title in
accordance with a payment schedule established jointly by the
Administrator under section 1381(b) of this title and will deposit
all such payments in the water pollution control revolving fund
established by the State in accordance with this subchapter;
(2) the State will deposit in the fund from State moneys an
amount equal to at least 20 percent of the total amount of all
capitalization grants which will be made to the State with funds to
be made available under this subchapter and section 1285(m) of this
title on or before the date on which each quarterly grant payment
will be made to the State under this subchapter;
(3) the State will enter into binding commitments to provide
assistance in accordance with the requirements of this subchapter in
an amount equal to 120 percent of the amount of each such grant
payment within 1 year after the receipt of such grant payment;
(4) all funds in the fund will be expended in an expeditious and
timely manner;
(5) all funds in the fund as a result of capitalization grants
under this subchapter and section 1285(m) of this title will first
be used to assure maintenance of progress, as determined by the
Governor of the State, toward compliance with enforceable deadlines,
goals, and requirements of this chapter, including the municipal
compliance deadline;
(6) treatment works eligible under section 1383(c)(1) of this
title which will be constructed in whole or in part before fiscal
year 1995 with funds directly made available by capitalization
grants under this subchapter and section 1285(m) of this title will
meet the requirements of, or otherwise be treated (as determined by
the Governor of the State) under sections 1281(b), 1281(g)(1),
1281(g)(2), 1281(g)(3), 1281(g)(5), 1281(g)(6), 1281(n)(1), 1281(o),
1284(a)(1), 1284(a)(2), 1284(b)(1), 1284(d)(2), 1291, 1298,
1371(c)(1), and 1372 of this title in the same manner as treatment
works constructed with assistance under subchapter II of this
chapter;
(7) in addition to complying with the requirements of this
subchapter, the State will commit or expend each quarterly grant
payment which it will receive under this subchapter in accordance
with laws and procedures applicable to the commitment or expenditure
of revenues of the State;
(8) in carrying out the requirements of section 1386 of this
title, the State will use accounting, audit, and fiscal procedures
conforming to generally accepted government accounting standards;
(9) the State will require as a condition of making a loan or
providing other assistance, as described in section 1383(d) of this
title, from the fund that the recipient of such assistance will
maintain project accounts in accordance with generally accepted
government accounting standards; and
(10) the State will make annual reports to the Administrator on
the actual use of funds in accordance with section 1386(d) of this
title.
(June 30, 1948, ch. 758, title VI, Sec. 602, as added Pub. L. 100-4,
title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 22.)
Section Referred to in Other Sections
This section is referred to in sections 1385, 1386 of this title.
