|
U.S. Code as of:
01/19/04
Section 1301. Sewer overflow control grants
(a) In general
In any fiscal year in which the Administrator has available for
obligation at least $1,350,000,000 for the purposes of section 1381
of this title -
(1) the Administrator may make grants to States for the purpose
of providing grants to a municipality or municipal entity for
planning, design, and construction of treatment works to
intercept, transport, control, or treat municipal combined sewer
overflows and sanitary sewer overflows; and
(2) subject to subsection (g) of this section, the
Administrator may make a direct grant to a municipality or
municipal entity for the purposes described in paragraph (1).
(b) Prioritization
In selecting from among municipalities applying for grants under
subsection (a) of this section, a State or the Administrator shall
give priority to an applicant that -
(1) is a municipality that is a financially distressed
community under subsection (c) of this section;
(2) has implemented or is complying with an implementation
schedule for the nine minimum controls specified in the CSO
control policy referred to in section 1342(q)(1) of this title
and has begun implementing a long-term municipal combined sewer
overflow control plan or a separate sanitary sewer overflow
control plan;
(3) is requesting a grant for a project that is on a State's
intended use plan pursuant to section 1386(c) of this title; or
(4) is an Alaska Native Village.
(c) Financially distressed community
(1) Definition
In subsection (b) of this section, the term "financially
distressed community" means a community that meets affordability
criteria established by the State in which the community is
located, if such criteria are developed after public review and
comment.
(2) Consideration of impact on water and sewer rates
In determining if a community is a distressed community for the
purposes of subsection (b) of this section, the State shall
consider, among other factors, the extent to which the rate of
growth of a community's tax base has been historically slow such
that implementing a plan described in subsection (b)(2) of this
section would result in a significant increase in any water or
sewer rate charged by the community's publicly owned wastewater
treatment facility.
(3) Information to assist States
The Administrator may publish information to assist States in
establishing affordability criteria under paragraph (1).
(d) Cost-sharing
The Federal share of the cost of activities carried out using
amounts from a grant made under subsection (a) of this section
shall be not less than 55 percent of the cost. The non-Federal
share of the cost may include, in any amount, public and private
funds and in-kind services, and may include, notwithstanding
section 1383(h) of this title, financial assistance, including
loans, from a State water pollution control revolving fund.
(e) Administrative reporting requirements
If a project receives grant assistance under subsection (a) of
this section and loan assistance from a State water pollution
control revolving fund and the loan assistance is for 15 percent or
more of the cost of the project, the project may be administered in
accordance with State water pollution control revolving fund
administrative reporting requirements for the purposes of
streamlining such requirements.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$750,000,000 for each of fiscal years 2002 and 2003. Such sums
shall remain available until expended.
(g) Allocation of funds
(1) Fiscal year 2002
Subject to subsection (h) of this section, the Administrator
shall use the amounts appropriated to carry out this section for
fiscal year 2002 for making grants to municipalities and
municipal entities under subsection (a)(2) of this section, in
accordance with the criteria set forth in subsection (b) of this
section.
(2) Fiscal year 2003
Subject to subsection (h) of this section, the Administrator
shall use the amounts appropriated to carry out this section for
fiscal year 2003 as follows:
(A) Not to exceed $250,000,000 for making grants to
municipalities and municipal entities under subsection (a)(2)
of this section, in accordance with the criteria set forth in
subsection (b) of this section.
(B) All remaining amounts for making grants to States under
subsection (a)(1) of this section, in accordance with a formula
to be established by the Administrator, after providing notice
and an opportunity for public comment, that allocates to each
State a proportional share of such amounts based on the total
needs of the State for municipal combined sewer overflow
controls and sanitary sewer overflow controls identified in the
most recent survey conducted pursuant to section 1375(b)(1) of
this title.
(h) Administrative expenses
Of the amounts appropriated to carry out this section for each
fiscal year -
(1) the Administrator may retain an amount not to exceed 1
percent for the reasonable and necessary costs of administering
this section; and
(2) the Administrator, or a State, may retain an amount not to
exceed 4 percent of any grant made to a municipality or municipal
entity under subsection (a) of this section, for the reasonable
and necessary costs of administering the grant.
(i) Reports
Not later than December 31, 2003, and periodically thereafter,
the Administrator shall transmit to Congress a report containing
recommended funding levels for grants under this section. The
recommended funding levels shall be sufficient to ensure the
continued expeditious implementation of municipal combined sewer
overflow and sanitary sewer overflow controls nationwide.
|
|