§1256 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Authorizes specific federal money for state pollution-control programs and says how it must be given out. It provides $60,000,000 for the fiscal year ending June 30, 1973; $75,000,000 for each of the fiscal years ending June 30, 1974 and June 30, 1975; $100,000,000 per year for fiscal years 1977, 1978, 1979, and 1980; $75,000,000 per year for 1981 and 1982; whatever sums are needed for 1983–1985; and $75,000,000 per year for each fiscal year 1986 through 1990. These funds remain available until spent. The Administrator must divide the money among States and interstate agencies by rules he makes, based on how serious the pollution is. He can pay either a State’s allotted share or the State’s reasonable program costs. A State cannot get a grant if it spends less non‑Federal money on routine program costs in a year than it did in the year that ended June 30, 1971. Starting in fiscal year 1974, grants go only to States that have monitoring systems and yearly data updates and that have authority and contingency plans like those in section 1364. Grants require filing, within 120 days after October 18, 1972, a summary of the State’s pollution program and any extra information the Administrator asks for, and the State must submit its program for approval within that 120‑day period and before October 1 each year after. Any allotted money not paid may be reallotted under the Administrator’s rules.

Title 33, §1256

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)There are hereby authorized to be appropriated the following sums, to remain available until expended, to carry out the purpose of this section—

(1)$60,000,000 for the fiscal year ending June 30, 1973; and

(2)$75,000,000 for the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975, $100,000,000 per fiscal year for the fiscal years 1977, 1978, 1979, and 1980, $75,000,000 per fiscal year for the fiscal years 1981 and 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $75,000,000 per fiscal year for each of the fiscal years 1986 through 1990;

(b)From the sums appropriated in any fiscal year, the Administrator shall make allotments to the several States and interstate agencies in accordance with regulations promulgated by him on the basis of the extent of the pollution problem in the respective States.

(c)The Administrator is authorized to pay to each State and interstate agency each fiscal year either—

(1)the allotment of such State or agency for such fiscal year under subsection (b), or

(2)the reasonable costs as determined by the Administrator of developing and carrying out a pollution program by such State or agency during such fiscal year,

(d)No grant shall be made under this section to any State or interstate agency for any fiscal year when the expenditure of non-Federal funds by such State or interstate agency during such fiscal year for the recurrent expenses of carrying out its pollution control program are less than the expenditure by such State or interstate agency of non-Federal funds for such recurrent program expenses during the fiscal year ending June 30, 1971.

(e)Beginning in fiscal year 1974 the Administrator shall not make any grant under this section to any State which has not provided or is not carrying out as a part of its program—

(1)the establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, and to compile and analyze data on (including classification according to eutrophic condition), the quality of navigable waters and to the extent practicable, ground waters including biological monitoring; and provision for annually updating such data and including it in the report required under section 1315 of this title;

(2)authority comparable to that in section 1364 of this title and adequate contingency plans to implement such authority.

(f)Grants shall be made under this section on condition that—

(1)Such State (or interstate agency) files with the Administrator within one hundred and twenty days after October 18, 1972:

(A)a summary report of the current status of the State pollution control program, including the criteria used by the State in determining priority of treatment works; and

(B)such additional information, data, and reports as the Administrator may require.

(2)No federally assumed enforcement as defined in section 1319(a)(2) of this title is in effect with respect to such State or interstate agency.

(3)Such State (or interstate agency) submits within one hundred and twenty days after October 18, 1972, and before October 1 of each year thereafter for the Administrator’s approval of its program for the prevention, reduction, and elimination of pollution in accordance with purposes and provisions of this chapter in such form and content as the Administrator may prescribe.

(g)Any sums allotted under subsection (b) in any fiscal year which are not paid shall be reallotted by the Administrator in accordance with regulations promulgated by him.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (a)(2). Pub. L. 100–4 inserted “, such sums as may be necessary for fiscal years 1983 through 1985, and $75,000,000 per fiscal year for each of the fiscal years 1986 through 1990” after “1982”. 1980—Subsec. (a)(2). Pub. L. 96–483 inserted authorization of the sum of $75,000,000 per fiscal year for fiscal years 1981 and 1982. 1977—Subsec. (a)(2). Pub. L. 95–217 substituted “and the fiscal year ending

June 30, 1975, $100,000,000 per fiscal year for the fiscal years 1977, 1978, 1979, and 1980” for “and the fiscal year ending

June 30, 1975”. 1976—Subsec. (f)(3). Pub. L. 94–273 substituted “October” for “July”. 1975—Subsec. (a)(2). Pub. L. 93–592 substituted “

June 30, 1974, and the fiscal year ending

June 30, 1975;” for “

June 30, 1974;”.

§1256 Grants for Pollution Control Programs

Summary

Title 33, §1256

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata