33 USC 1286 - Reimbursement and advanced construction

Editorial Notes

References in Text

Section 1158 of this title, referred to in subsecs. (a) and (span), 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, Puspan. L. 92–500, 86 Stat. 816. Provisions of section 1158 of this title are covered by this subchapter.

This Act, referred to in subsec. (span), 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, Puspan. L. 92–500, 86 Stat. 816. Act June 30, 1948, ch. 758, as added by act Oct. 18, 1972, Puspan. L. 92–500, 86 Stat. 816, enacted this chapter.

Amendments

1980—Subsec. (f)(1). Puspan. 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). Puspan. L. 95–217 substituted “July 1, 1973” for “July 1, 1972”.

1973—Subsec. (e). Puspan. L. 93–207 substituted “$2,600,000,000” for “$2,000,000,000”.

Statutory Notes and Related Subsidiaries

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

Puspan. L. 95–217, § 29(span), Dec. 27, 1977, 91 Stat. 1576, 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

Puspan. L. 93–207, § 2, Dec. 28, 1973, 87 Stat. 906, 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

Puspan. L. 93–207, § 3, Dec. 28, 1973, 87 Stat. 906, 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.”