|
U.S. Code as of:
01/19/04
Section 1286. Reimbursement and advanced construction
(a) Publicly owned treatment works construction initiated after
June 30, 1966, but before July 1, 1973; reimbursement formula
Any publicly owned treatment works in a State on which
construction was initiated after June 30, 1966, but before July 1,
1973, which was approved by the appropriate State water pollution
control agency and which the Administrator finds meets the
requirements of section 1158 of this title in effect at the time of
the initiation of construction shall be reimbursed a total amount
equal to the difference between the amount of Federal financial
assistance, if any, received under such section 1158 of this title
for such project and 50 per centum of the cost of such project, or
55 per centum of the project cost where the Administrator also
determines that such treatment works was constructed in conformity
with a comprehensive metropolitan treatment plan as described in
section 1158(f) of this title as in effect immediately prior to
October 18, 1972. Nothing in this subsection shall result in any
such works receiving Federal grants from all sources in excess of
80 per centum of the cost of such project.
(b) Publicly owned treatment works construction initiated between
June 30, 1956, and June 30, 1966; reimbursement formula
Any publicly owned treatment works constructed with or eligible
for Federal financial assistance under this Act in a State between
June 30, 1956, and June 30, 1966, which was approved by the State
water pollution control agency and which the Administrator finds
meets the requirements of section 1158 of this title prior to
October 18, 1972 but which was constructed without assistance under
such section 1158 of this title or which received such assistance
in an amount less than 30 per centum of the cost of such project
shall qualify for payments and reimbursement of State or local
funds used for such project from sums allocated to such State under
this section in an amount which shall not exceed the difference
between the amount of such assistance, if any, received for such
project and 30 per centum of the cost of such project.
(c) Application for reimbursement
No publicly owned treatment works shall receive any payment or
reimbursement under subsection (a) or (b) of this section unless an
application for such assistance is filed with the Administrator
within the one year period which begins on October 18, 1972. Any
application filed within such one year period may be revised from
time to time, as may be necessary.
(d) Allocation of funds
The Administrator shall allocate to each qualified project under
subsection (a) of this section each fiscal year for which funds are
appropriated under subsection (e) of this section an amount which
bears the same ratio to the unpaid balance of the reimbursement due
such project as the total of such funds for such year bears to the
total unpaid balance of reimbursement due all such approved
projects on the date of enactment of such appropriation. The
Administrator shall allocate to each qualified project under
subsection (b) of this section each fiscal year for which funds are
appropriated under subsection (e) of this section an amount which
bears the same ratio to the unpaid balance of the reimbursement due
such project as the total of such funds for such year bears to the
total unpaid balance of reimbursement due all such approved
projects on the date of enactment of such appropriation.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out subsection
(a) of this section not to exceed $2,600,000,000 and, to carry out
subsection (b) of this section, not to exceed $750,000,000. The
authorizations contained in this subsection shall be the sole
source of funds for reimbursements authorized by this section.
(f) Additional funds
(1) In any case where a substantial portion of the funds allotted
to a State for the current fiscal year under this subchapter have
been obligated under section 1281(g) of this title, or will be so
obligated in a timely manner (as determined by the Administrator),
and there is construction of any treatment works project without
the aid of Federal funds and in accordance with all procedures and
all requirements applicable to treatment works projects, except
those procedures and requirements which limit construction of
projects to those constructed with the aid of previously allotted
Federal funds, the Administrator, upon his approval of an
application made under this subsection therefor, is authorized to
pay the Federal share of the cost of construction of such project
when additional funds are allotted to the State under this
subchapter if prior to the construction of the project the
Administrator approves plans, specifications, and estimates
therefor in the same manner as other treatment works projects. The
Administrator may not approve an application under this subsection
unless an authorization is in effect for the first fiscal year in
the period for which the application requests payment and such
requested payment for that fiscal year does not exceed the State's
expected allotment from such authorization. The Administrator shall
not be required to make such requested payment for any fiscal year
-
(A) to the extent that such payment would exceed such State's
allotment of the amount appropriated for such fiscal year; and
(B) unless such payment is for a project which, on the basis of
an approved funding priority list of such State, is eligible to
receive such payment based on the allotment and appropriation for
such fiscal year.
To the extent that sufficient funds are not appropriated to pay the
full Federal share with respect to a project for which obligations
under the provisions of this subsection have been made, the
Administrator shall reduce the Federal share to such amount less
than 75 per centum as such appropriations do provide.
(2) In determining the allotment for any fiscal year under this
subchapter, any treatment works project constructed in accordance
with this section and without the aid of Federal funds shall not be
considered completed until an application under the provisions of
this subsection with respect to such project has been approved by
the Administrator, or the availability of funds from which this
project is eligible for reimbursement has expired, whichever first
occurs.
|
|