Sec. 205. allotment
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/statute-compilations/comps-2989/sec-205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 205 allotment ###
(a)Sums authorized to be appropriated pursuant to section 207 for each fiscal year beginning after June 30, 1972, before September 30, 1977, shall be allotted by the Administrator not later than the January 1st immediately preceding the beginning of the fiscal year for which authorized, except that the allotment for fiscal year 1973 shall be made not later than 30 days after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972. Such sums shall be allotted among the States by the Administrator in accordance with regulations promulgated by him, in the ratio that the estimated cost of constructing all needed publicly owned treatment works in each State bears to the estimated cost of construction of all needed publicly owned treatment works in all of the States. For the fiscal years ending June 30, 1973, and June 30, 1974, such ratio shall be determined on the basis of table III of House Public Works Committee Print No. 92–50. For the fiscal year ending June 30, 1975, such ratio shall be determined one-half on the basis of table I of House Public Works Committee Print Numbered 93–28 and one-half on the basis of table II of such print, except that no State shall receive an allotment less than that which it received for the fiscal year ending June 30, 1972, as set forth in table III of such print. Allotments for fiscal years which begin after the fiscal year ending June 30, 1975, shall be made only in accordance with a revised cost estimate made and submitted to Congress in accordance with section 516(b) of this Act and only after such revised cost estimate shall have been approved by law specifically enacted hereafter. ###
(b)####
(1)Any sums allotted to a State under subsection
(a)shall be available for obligation under section 203 on and after the date of such allotment. Such sums shall continue available for obligation in such State for a period of one year after the close of the fiscal year for which such sums are authorized. Any amounts so allotted which are not obligated by the end of such one-year period shall be immediately reallotted by the Administrator, in accordance with regulations promulgated by him, generally on the basis of the ratio used in making the last allotment of sums under this section. Such reallotted sums shall be added to the last allotments made to the States. Any sum made available to a State by reallotment under this subsection shall be in addition to any funds otherwise allotted to such State for grants under this title during any fiscal year. ####
(2)Any sums which have been obligated under section 203 and which are released by the payment of the final voucher for the project shall be immediately credited to the State to which such sums were last allotted. Such released sums shall be added to the amounts last allotted to such State and shall be immediately available for obligation in the same manner and to the same extent as such last allotment. ###
(c)####
(1)Sums authorized to be appropriated pursuant to section 207 for the fiscal years during the period beginning October 1, 1977, and ending September 30, 1981, shall be allotted for each such year by the Administrator not later than the tenth day which begins after the date of enactment of the Clean Water Act of 1977. Notwithstanding any other provision of law, sums authorized for the fiscal years ending September 30, 1978, September 30, 1979, September 30, 1980, and September 30, 1981, shall be allotted in accordance with table 3 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives. ####
(2)Sums authorized to be appropriated pursuant to section 207 for the fiscal years 1982, 1983, 1984, and 1985 shall be allotted for each such year by the Administrator not later than the tenth day which begins after the date of enactment of the Municipal Wastewater Treatment Construction Grant Amendments of 1981. Notwithstanding any other provision of law, sums authorized for the fiscal year ending September 30, 1982, shall be allotted in accordance with table 3 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives. Sums authorized for the fiscal years ending September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986, shall be allotted in accordance with the following table: *Fiscal years 1983 through 19851* States: 1So in original. Probably should be "1986".Alabama.011398Alaska.006101Arizona.006885Arkansas.006668California.072901Colorado.008154Connecticut.012487Delaware.004965District of Columbia.004965Florida.034407Georgia.017234Hawaii.007895Idaho.004965Illinois.046101Indiana.024566Iowa.013796Kansas.009201Kentucky.012973Louisiana.011205Maine.007788Maryland.024653Massachusetts.034608Michigan.043829Minnesota.018735Mississippi.009184Missouri.028257Montana.004965Nebraska.005214Nevada.004965New Hampshire.010186New Jersey.041654New Mexico.004965New York.113097North Carolina.018396North Dakota.004965Ohio.057383Oklahoma.008235Oregon.011515Pennsylvania.040377Rhode Island.006750South Carolina.010442South Dakota.004965Tennessee.014807Texas.038726Utah.005371Vermont.004965Virginia.020861Washington.017726West Virginia.015890Wisconsin.027557Wyoming.004965Samoa.000915Guam.000662Northern Marianas.000425Puerto Rico.013295Pacific Trust Territories.001305Virgin Islands.000531United States totals.999996 ####
(3)Fiscal years 1987–1990 Sums authorized to be appropriated pursuant to section 207 for the fiscal years 1987, 1988, 1989, and 1990 shall be allotted for each such year by the Administrator not later than the 10th day which begins after the date of the enactment of this paragraph. Sums authorized for such fiscal years shall be allotted in accordance with the following table:States:Alabama.011309Alaska.006053Arizona.006831Arkansas.006616California.072333Colorado.008090Connecticut.012390Delaware.004965District of Columbia.004965Florida.034139Georgia.017100Hawaii.007833Idaho.004965Illinois.045741Indiana.024374Iowa.013688Kansas.009129Kentucky.012872Louisiana.011118Maine.007829Maryland.024461Massachusetts.034338Michigan.043487Minnesota.018589Mississippi.009112Missouri.028037Montana.004965Nebraska.005173Nevada.004965New Hampshire.010107New Jersey.041329New Mexico.004965New York.111632North Carolina.018253North Dakota.004965Ohio.056936Oklahoma.008171Oregon.011425Pennsylvania.040062Rhode Island.006791South Carolina.010361South Dakota.004965Tennessee.014692Texas.046226Utah.005329Vermont.004965Virginia.020698Washington.017588West Virginia.015766Wisconsin.027342Wyoming.004965American Samoa.000908Guam.000657Northern Marianas.000422Puerto Rico.013191Pacific Trust Territories.001295Virgin Islands.000527 ###
(d)Sums allotted to the States for a fiscal year shall remain available for obligation for the fiscal year for which authorized and for the period of the next succeeding twelve months. The amount of any allotment not obligated by the end of such twenty-four-month period shall be immediately reallotted by the Administrator on the basis of the same ratio as applicable to sums allotted for the then current fiscal year, except that none of the funds reallotted by the Administrator for fiscal year 1978 and for fiscal years thereafter shall be allotted to any State which failed to obligate any of the funds being reallotted. Any sum made available to a State by reallotment under this subsection shall be in addition to any funds otherwise allotted to such State for grants under this title during any fiscal year. ###
(e)For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990, no State shall receive less than one-half of 1 per centum of the total allotment under subsection
(c)of this section, except that in the case of Guam, Virgin Islands, American Samoa, and the Trust Territories not more than thirty-three one-hundredths of 1 per centum in the aggregate shall be allotted to all four for these jurisdictions. For the purpose of carrying out this subsection there are authorized to be appropriated, subject to such amounts as are provided in appropriation Acts, not to exceed $75,000,000 for each fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990. If for any fiscal year the amount appropriated under authority of this subsection is less than the amount necessary to carry out this subsection, the amount each State receives under this subsection for such year shall be the same ratio for the amount such State would have received under this subsection in such year if the amount necessary to carry it out had been appropriated as the amount appropriated for such year bears to the amount necessary to carry out this subsection for such year. ###
(f)Notwithstanding any other provision of this section, sums made available between January 1, 1975, and March 1, 1975, by the Administrator for obligation shall be available for obligation until September 30, 1978. ###
(g)####
(1)The Administrator is authorized to reserve each fiscal year not to exceed 2 per centum of the amount authorized under section 207 of this title for purposes of the allotment made to each State under this section on or after October 1, 1977, except in the case of any fiscal year beginning on or after October 1, 1981, and ending before October 1, 1994, in which case the percentage authorized to be reserved shall not exceed 4 per centum.7 or $400,000 whichever amount is the greater. Sums so reserved shall be available for making grants to such State under paragraph
(2)of this subsection for the same period as sums are available from such allotment under subsection
(d)of this section, and any such grant shall be available for obligation only during such period. Any grant made from sums reserved under this subsection which has not been obligated by the end of the period for which available shall be added to the amount last allotted to such State under this section and shall be immediately available for obligation in the same manner and to the same extent as such last allotment. Sums authorized to be reserved by this paragraph shall be in addition to and not in lieu of any other funds which may be authorized to carry out this subsection. 7P.L. 97–117 added this phrase with a period at the end; probably should be a comma. ####
(2)The Administrator is authorized to grant to any State from amounts reserved to such State under this subsection, the reasonable costs of administering any aspects of sections 201, 203, 204, and 212 of this Act the responsibility for administration of which the Administrator has delegated to such State. The Administrator may increase such grant to take into account the reasonable costs of administering an approved program under section 402 or 404, administering a statewide waste treatment management planning program under section 208(b)(4), and managing waste treatment construction grants for small communities. ###
(h)The Administrator shall set aside from funds authorized for each fiscal year beginning on or after October 1, 1978, a total (as determined by the Governor of the State) of not less than 4 percent nor more than 7½ percent of the sums allotted to any State with a rural population of 25 per centum or more of the total population of such State, as determined by the Bureau of the Census. The Administrator may set aside no more than 7½ percent of the sums allotted to any other State for which the Governor requests such action. Such sums shall be available only for alternatives to conventional sewage treatment works for municipalities having a population of three thousand five hundred or less, or for the highly dispersed sections of larger municipalities, as defined by the Administrator. ###
(i)Set-Aside for Innovative and Alternative Projects Not less than ½ of 1 percent of funds allotted to a State for each of the fiscal years ending September 30, 1979, through September 30, 1990, under subsection
(c)of this section shall be expended only for increasing the Federal share of grants for construction of treatment works utilizing innovative processes and techniques pursuant to section 202(a)(2) of this Act. Including the expenditures authorized by the preceding sentence, a total of 2 percent of the funds allotted to a State for each of the fiscal years ending September 30, 1979, and September 30, 1980, and 3 percent of the funds allotted to a State for the fiscal year ending September 30, 1981, under subsection
(c)of this section shall be expended only for increasing grants for construction of treatment works pursuant to section 202(a)(2) of this Act. Including the expenditures authorized by the first sentence of this subsection, a total (as determined by the Governor of the State) of not less than 4 percent nor more than 7½ percent of the funds allotted to such State under subsection
(c)of this section for each of the fiscal years ending September 30, 1982, through September 30, 1990, shall be expended only for increasing the Federal share of grants for construction of treatment works pursuant to section 202(a)(2) of this Act. ###
(j)####
(1)The Administrator shall reserve each fiscal year not to exceed 1 per centum of the sums allotted and available for obligation to each State under this section for each fiscal year beginning on or after October 1, 1981, or $100,000, whichever amount is the greater. ####
(2)Such sums shall be used by the Administrator to make grants to the States to carry out water quality management planning, including, but not limited to— #####
(A)identifying most cost effective and locally acceptable facility and non-point measures to meet and maintain water quality standards; #####
(B)developing an implementation plan to obtain State and local financial and regulatory commitments to implement measures developed under subparagraph (A); #####
(C)determining the nature, extent, and causes of water quality problems in various areas of the State and interstate region, and reporting on these annually; and #####
(D)determining those publicly owned treatment works which should be constructed with assistance under this title, in which areas and in what sequence, taking into account the relative degree of effluent reduction attained, the relative contributions to water quality of other point or nonpoint sources, and the consideration of alternatives to such construction, and implementing section 303(e) of this Act. ####
(3)In carrying out planning with grants made under paragraph
(2)of this subsection, a State shall develop jointly with local, regional, and interstate entities, a plan for carrying out the program and give funding priority to such entities and designated or undesignated public comprehensive planning organizations to carry out the purposes of this subsection. In giving such priority, the State shall allocate at least 40 percent of the amount granted to such State for a fiscal year under paragraph
(2)of this subsection to regional public comprehensive planning organizations in such State and appropriate interstate organizations for the development and implementation of the plan described in this paragraph. In any fiscal year for which the Governor, in consultation with such organizations and with the approval of the Administrator, determines that allocation of at least 40 percent of such amount to such organizations will not result in significant participation by such organizations in water quality management planning and not significantly assist in development and implementation of the plan described in this paragraph and achieving the goals of this Act, the allocation to such organization may be less than 40 percent of such amount. ####
(4)All activities undertaken under this subsection shall be in coordination with other related provisions of this Act. ####
(5)Nonpoint source reservation In addition to the sums reserved under paragraph (1), the Administrator shall reserve each fiscal year for each State 1 percent of the sums allotted and available for obligation to such State under this section for each fiscal year beginning on or after October 1, 1986, or $100,000, whichever is greater, for the purpose of carrying out section 319 of this Act. Sums so reserved in a State in any fiscal year for which such State does not request the use of such sums, to the extent such sums exceed $100,000, may be used by such State for other purposes under this title. ###
(k)The Administrator shall allot to the State of New York from sums authorized to be appropriated for the fiscal year ending September 30, 1982, an amount necessary to pay the entire cost of conveying sewage from the Convention Center of the City of New York to the Newtown sewage treatment plant, Brooklyn-Queens area, New York. The amount allotted under this subsection shall be in addition to and not in lieu of any other amounts authorized to be allotted to such State under this Act. ###
(l)Marine Estuary Reservation ####
(1)Reservation of funds #####
(A)General rule Prior to making allotments among the States under subsection
(c)of this section, the Administrator shall reserve funds from sums appropriated pursuant to section 207 for each fiscal year beginning after September 30, 1986. #####
(B)Fiscal years 1987 and 1988 For each of fiscal years 1987 and 1988 the reservation shall be 1 percent of the sums appropriated pursuant to section 207 for such fiscal year. #####
(C)Fiscal years 1989 and 1990 For each of fiscal years 1989 and 1990 the reservation shall be 1½ percent of the funds appropriated pursuant to section 207 for such fiscal year. ####
(2)Use of funds Of the sums reserved under this subsection, two-thirds shall be available to address water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impacts of discharges from combined storm water and sanitary sewer overflows from adjacent urban complexes, and one-third shall be available for the implementation of section 320 of this Act, relating to the national estuary program. ####
(3)Period of availability Sums reserved under this subsection shall be subject to the period of availability for obligation established by subsection
(d)of this section. ####
(4)Treatment of certain body of water For purposes of this section and section 201(n), Newark Bay, New Jersey, and the portion of the Passaic River up to Little Falls, in the vicinity of Beatties Dam, shall be treated as a marine bay and estuary. ###
(m)Discretionary Deposits Into State Water Pollution Control Revolving Funds ####
(1)From construction grant allotments In addition to any amounts deposited in a water pollution control revolving fund established by a State under title VI, upon request of the Governor of such State, the Administrator shall make available to the State for deposit, as capitalization grants, in such fund in any fiscal year beginning after September 30, 1986, such portion of the amounts allotted to such State under this section for such fiscal year as the Governor considers appropriate; except that
(A)in fiscal year 1987, such deposit may not exceed 50 percent of the amounts allotted to such State under this section for such fiscal year, and
(B)in fiscal year 1988, such deposit may not exceed 75 percent of the amounts allotted to such State under this section for this8 fiscal year. 8So in original. Probably should be “such”. ####
(2)Notice requirement The Governor of a State may make a request under paragraph
(1)for a deposit into the water pollution control revolving fund of such State— #####
(A)in fiscal year 1987 only if no later than 90 days after the date of the enactment of this subsection, and #####
(B)in each fiscal year thereafter only if 90 days before the first day of such fiscal year, the State provides notice of its intent to make such deposit. ####
(3)Exception Sums reserved under section 205(j) of this Act shall not be available for obligation under this subsection. **[**[33 U.S.C. 1285](/us/usc/t33/s1285)**]**
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