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Title 33, Navigation and Navigable WatersRelease 119-102

§1296 Determination of Priority of Projects

Title 33 › CHAPTER 26 — WATER POLLUTION PREVENTION AND CONTROL › SUBCHAPTER II — GRANTS FOR CONSTRUCTION OF TREATMENT WORKS › § 1296

Last updated Aug 21, 2026|Official source

Summary

States must decide the order of priority for types of publicly owned wastewater projects that get federal construction money. The EPA Administrator can only remove a specific project from a State’s list after a public hearing if the project will not meet the law’s enforceable requirements; the State must then send a new list. The law covers seven project types, including secondary and stricter treatment, fixing infiltration and inflow, major sewer rehab, new collector sewers, new interceptors, and fixing combined sewer overflows. At least 25% of a State’s annual funds must go to the major rehab, new collectors, new interceptors, and overflow-fix projects on the State’s list and eligible that year. Congress expects funded projects to aim for the best water quality and protect public health.

Full Legal Text

Title 33, §1296

Navigation and Navigable Waters, Source: USLM XML via OLRC

Notwithstanding any other provision of this chapter, the determination of the priority to be given each category of projects for construction of publicly owned treatment works within each State shall be made solely by that State, except that if the Administrator, after a public hearing, determines that a specific project will not result in compliance with the enforceable requirements of this chapter, such project shall be removed from the State’s priority list and such State shall submit a revised priority list. These categories shall include, but not be limited to (A) secondary treatment, (B) more stringent treatment, (C) infiltration-in-flow correction, (D) major sewer system rehabilitation, (E) new collector sewers and appurtenances, (F) new interceptors and appurtenances, and (G) correction of combined sewer overflows. Not less than 25 per centum of funds allocated to a State in any fiscal year under this subchapter for construction of publicly owned treatment works in such State shall be obligated for those types of projects referred to in clauses (D), (E), (F), and (G) of this section, if such projects are on such State’s priority list for that year and are otherwise eligible for funding in that fiscal year. It is the policy of Congress that projects for wastewater treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or intermunicipal or interstate agency shall be projects which, in the estimation of the State, are designed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1981—Pub. L. 97–117 inserted provision that it is the policy of Congress that projects for wastewater treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or intermunicipal or interstate agency be projects which, in the estimation of the State, are designed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1296

Title 33, Navigation and Navigable Waters

Last Updated

Aug 21, 2026

Release point: 119-102