Title 33 › CHAPTER 26 — WATER POLLUTION PREVENTION AND CONTROL › SUBCHAPTER II — GRANTS FOR CONSTRUCTION OF TREATMENT WORKS › § 1288
Sets up a process to find places with big water pollution problems and make area-wide waste treatment plans to fix them. The EPA Administrator had to publish rules for spotting such areas within 90 days after October 18, 1972. After those rules, each Governor had 60 days to pick problem areas and 120 days to mark their borders and name one group to make plans for each area. If an area crosses state lines, the Governors must act within 180 days. If Governors fail to act, local chief elected officials can agree on borders and a planning group. The named group must start a continuing planning process within one year of being chosen. The first plan must be certified by the Governor and sent to the Administrator within two years after planning starts, except for agencies named after 1975 or State-run parts, which have three years after they get their first grant. Plans must cover 20 years of treatment needs (updated yearly), construction priorities and schedules, rules to control discharges, who will build and run facilities, how to pay for the work, and ways to find and control pollution from farms, mines, construction, saltwater intrusion, leftover wastes, and land disposal. Governors must certify plans each year and send them to the Administrator for approval. Governors may submit statewide programs for certain controls; if approved, those programs must meet extra rules for dredged or fill material and can replace some federal permits. The Administrator may withdraw approval after a public hearing and a 90-day chance to fix problems. When a plan is submitted, the Governor must name one or more agencies to run the waste treatment work. The Administrator has 120 days to reject a choice if the agency lacks powers like designing, building, operating, taking grants, raising money, borrowing, making users pay their share, refusing wastes from noncompliant towns, or accepting industrial wastes. After approval, federal construction grants go only to the designated agency and only for projects that match the plan. The EPA gives planning grants to the designated agencies. If the first grant to an agency came before October 1, 1977, the federal share is 100% for the next two years and up to 75% after that; otherwise grants are up to 75% each year. The law authorizes these amounts: up to $50,000,000 for the fiscal year ending June 30, 1973; up to $100,000,000 for the fiscal year ending June 30, 1974; up to $150,000,000 per year for the fiscal years ending June 30, 1975, September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980; up to $100,000,000 per year for the fiscal years ending September 30, 1981, and September 30, 1982; and such sums as needed for fiscal years 1983 through 1990. On request, the Administrator or the Army Corps of Engineers will give free technical help; the Army may get up to $50,000,000 per fiscal year for the years ending June 30, 1973 and June 30, 1974. The Interior Department will help states with wetlands programs and may get $6,000,000 to finish the National Wetlands Inventory by December 31, 1981. The Agriculture Secretary can make 5–10 year contracts with landowners in approved plan areas to install best management practices. Contracts may be made through September 31, 1988, must include owner responsibilities, and the federal cost-share is up to 50% (higher in some cases). Rules for that program were to be issued by September 30, 1978. Appropriations authorized for that agricultural program are $200,000,000 for fiscal year 1979; $400,000,000 for fiscal year 1980; $100,000,000 for fiscal year 1981; $100,000,000 for fiscal year 1982; and such sums as needed for fiscal years 1983 through 1990.
Full Legal Text
Navigation and Navigable Waters, Source: USLM XML via OLRC
Legislative History
Reference
Citation
33 U.S.C. § 1288
Title 33, Navigation and Navigable Waters
Last Updated
Sep 23, 2026
Release point: 119-110