33 USC 1285 - Allotment of grant funds

1 So in original. Probably should be “1986”.

2 So in original. The period probably should be a comma.

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.

Editorial Notes

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). Puspan. L. 107–303 repealed Puspan. L. 105–362, § 501(d)(2)(C). See 1998 Amendment note below.

1998—Subsec. (a). Puspan. L. 105–362, § 501(d)(2)(C), which directed the substitution of “section 1375 of this title” for “section 1375(span) of this title” in last sentence, was repealed by Puspan. L. 107–303. See Effective Date of 2002 Amendment note below.

1987—Subsec. (c)(2). Puspan. L. 100–4, § 206(a)(1), substituted “September 30, 1985, and September 30, 1986” for “and September 30, 1985”.

Subsec. (c)(3). Puspan. L. 100–4, § 206(a)(2), added par. (3).

Subsec. (e). Puspan. L. 100–4, § 206(span), substituted “1985, 1986, 1987, 1988, 1989, and 1990” for “and 1985” in two places.

Subsec. (g)(1). Puspan. L. 100–4, § 206(c), substituted “October 1, 1994” for “October 1, 1985”.

Subsec. (h). Puspan. L. 100–4, § 207, substituted “a total (as determined by the Governor of the State) of not less than 4 percent nor more than 7½ percent” for “four per centum” and “7½ per cent” for “four per centum”.

Subsec. (i). Puspan. L. 100–4, § 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 7½ 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). Puspan. L. 100–4, § 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). Puspan. L. 100–4, § 316(d), added par. (5).

Subsec. (l). Puspan. L. 100–4, § 210, added subsec. (l).

Subsec. (m). Puspan. L. 100–4, § 212(span), added subsec. (m).

1981—Subsec. (c). Puspan. L. 97–117, § 13(a), designated existing provision as par. (1) and added par. (2).

Subsec. (e). Puspan. L. 97–117, § 13(span), substituted “1981, 1982, 1983, 1984, and 1985” for “and 1981” in two places.

Subsec. (g)(1). Puspan. L. 97–117, § 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). Puspan. L. 97–117, § 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 7½ 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). Puspan. L. 97–117, §§ 15, 16, added subsecs. (j) and (k).

1980—Subsec. (g)(1). Puspan. L. 96–483 inserted “of the amount authorized under section 1287 of this title for purposes” after “2 per centum”.

1977—Subsec. (a). Puspan. L. 95–217, § 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). Puspan. L. 95–217, § 25(span), added subsecs. (c) to (f).

Subsecs. (g) to (i). Puspan. L. 95–217, §§ 26(a), 27, 28, added subsecs. (g) to (i).

1974—Subsec. (a). Puspan. 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”.

Statutory Notes and Related Subsidiaries

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 Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.

Effective Date of 2002 Amendment

Amendment by Puspan. 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 Puspan. L. 105–362 had not been enacted, see section 302(span) of Puspan. L. 107–303, set out as a note under section 1254 of this title.

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

Puspan. L. 96–483, § 7, Oct. 21, 1980, 94 Stat. 2362, 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.”

Executive Documents

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.