§1285 Allotment of grant funds

Summary

The Administrator must divide the money Congress approves each year for sewage treatment grants among the States. For early years (after June 30, 1972 and before Sept. 30, 1977) the division must be done by January 1 before the fiscal year (except FY1973, which was due within 30 days after Oct. 18, 1972). For later years the law sets specific deadlines: by the 10th day after Dec. 27, 1977 for 1978–1981 allotments; by the 10th day after Dec. 29, 1981 for 1982–1985 allotments; and by the 10th day after Feb. 4, 1987 for 1987–1990 allotments. For many of those years the law requires using particular Congressional tables or fixed percentage lists to decide each State’s share. The money is available to a State when it is allotted and remains available for a set period (generally for the fiscal year and the following 12 months). Any funds not used by the end of that period must be reallotted right away using the same ratio as the last allotment, except that States that used none of the funds being reallotted after 1977 cannot receive reallotted money. The law also sets many special rules. It guarantees a minimum of 0.5% of the total allotment to each State for fiscal years 1978–1990, with a combined cap of 0.33% for Guam, the Virgin Islands, American Samoa, and the Trust Territories, and it authorizes up to $75,000,000 per year to make those minimum payments proportionate if full funds are not appropriated. The Administrator may reserve up to 2% (or up to 4% for certain years) of each State’s allotment for administration grants. States with at least 25% rural population must get at least 4% (and up to 7.5%) of their allotment for small or dispersed systems; other States may request up to 7.5%. From FY1979–1990 at least 0.5% of a State’s allotment must go to raise the Federal share for innovative treatment projects, with higher required totals in some years (2% for FY1979–80, 3% for FY1981, and 4%–7.5% for FY1982–90 as set by the Governor). The Administrator must reserve small percentages (1% or more, and $100,000 minimum) for water quality planning grants and other programs, and must set aside 1% (in 1987–88) or 1.5% (in 1989–90) of appropriations for estuary and combined-sewer-overflow problems (two-thirds for bays/estuary CSO issues, one-third for the national estuary program). New York was given a special additional allotment in FY1982 to pay to move sewage from the city Convention Center to a specific treatment plant. Finally, when a Governor requests it, the Administrator may allow part of a State’s yearly allotment to be deposited into that State’s water pollution control revolving fund (capitalization grants), subject to limits in FY1987 (50%) and FY1988 (75%) and timing rules for making the request.