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33 U.S.C. § 1285

Allotment of grant funds

United States · Title 33 — NAVIGATION AND NAVIGABLE WATERS · Status: effective

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33 U.S.C. § 1285, Allotment of grant funds, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/469039
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Sums authorized to be appropriated pursuant to section 1287 of this title for each fiscal year beginning after June 30, 1972, and 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 October 18, 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 1375(b) of this title and only after such revised cost estimate shall have been approved by law specifically enacted after October 18, 1972. States: Fiscal years 1983 through 1985 1 Alabama .011398 Alaska .006101 Arizona .006885 Arkansas .006668 California .072901 Colorado .008154 Connecticut .012487 Delaware .004965 District of Columbia .004965 Florida .034407 Georgia .017234 Hawaii .007895 Idaho .004965 Illinois .046101 Indiana .024566 Iowa .013796 Kansas .009201 Kentucky .012973 Louisiana .011205 Maine .007788 Maryland .024653 Massachusetts .034608 Michigan .043829 Minnesota .018735 Mississippi .009184 Missouri .028257 Montana .004965 Nebraska .005214 Nevada .004965 New Hampshire .010186 New Jersey .041654 New Mexico .004965 New York .113097 North Carolina .018396 North Dakota .004965 Ohio .057383 Oklahoma .008235 Oregon .011515 Pennsylvania .040377 Rhode Island .006750 South Carolina .010442 South Dakota .004965 Tennessee .014807 Texas .038726 Utah .005371 Vermont .004965 Virginia .020861 Washington .017726 West Virginia .015890 Wisconsin .027557 Wyoming .004965 Samoa .000915 Guam .000662 Northern Marianas .000425 Puerto Rico .013295 Pacific Trust Territories .001305 Virgin Islands .000531 United States totals .999996 States: Alabama .011309 Alaska .006053 Arizona .006831 Arkansas .006616 California .072333 Colorado .008090 Connecticut .012390 Delaware .004965 District of Columbia .004965 Florida .034139 Georgia .017100 Hawaii .007833 Idaho .004965 Illinois .045741 Indiana .024374 Iowa .013688 Kansas .009129 Kentucky .012872 Louisiana .011118 Maine .007829 Maryland .024461 Massachusetts .034338 Michigan .043487 Minnesota .018589 Mississippi .009112 Missouri .028037 Montana .004965 Nebraska .005173 Nevada .004965 New Hampshire .010107 New Jersey .041329 New Mexico .004965 New York .111632 North Carolina .018253 North Dakota .004965 Ohio .056936 Oklahoma .008171 Oregon .011425 Pennsylvania .040062 Rhode Island .006791 South Carolina .010361 South Dakota .004965 Tennessee .014692 Texas .046226 Utah .005329 Vermont .004965 Virginia .020698 Washington .017588 West Virginia .015766 Wisconsin .027342 Wyoming .004965 American Samoa .000908 Guam .000657 Northern Marianas .000422 Puerto Rico .013191 Pacific Trust Territories .001295 Virgin Islands .000527 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 subchapter during any fiscal year. 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 of 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 of 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 bear the same ratio to 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. 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. 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 1282(a)(2) of this title. 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 1282(a)(2) of this title. 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 1282(a)(2) of this title. 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— 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 chapter. Prior to making allotments among the States under subsection (c) of this section, the Administrator shall reserve funds from sums appropriated pursuant to section 1287 of this title for each fiscal year beginning after September 30, 1986. For each of fiscal years 1987 and 1988 the reservation shall be 1 percent of the sums appropriated pursuant to section 1287 of this title for such fiscal year. For each of fiscal years 1989 and 1990 the reservation shall be 1½ percent of the funds appropriated pursuant to section 1287 of this title for such fiscal year. 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 1330 of this title, relating to the national estuary program. Sums reserved under this subsection shall be subject to the period of availability for obligation established by subsection (d) of this section. For purposes of this section and section 1281(n) of this title, 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. In addition to any amounts deposited in a water pollution control revolving fund established by a State under subchapter 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 this fiscal year. 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— Sums reserved under section 1285(j) of this title shall not be available for obligation under this subsection.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 93-243(S. 2812)1974-01-02
    An Act to amend the Federal Water Pollution Control Act to establish the ratio for allocation of treatment works construction grant funds, to insure that grants may be given for other than operable units, and to clarify the requirements for development of priorities.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-217(H.R. 3199)1977-12-27
    Clean Water Act of 1977
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-483(S. 2725)1980-10-21
    An original bill to extend certain authorizations in the Clean Water Act and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-117(H.R. 4503)1981-12-29
    Municipal Wastewater Treatment Construction Grant Amendments of 1981
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-4(H.R. 1)1987-02-04
    Water Quality Act of 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-362(S. 1364)1998-11-10
    Federal Reports Elimination Act of 1998
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 107-303(H.R. 1070)2002-11-27
    Great Lakes and Lake Champlain Act of 2002
    House: no recorded tallySenate: no recorded tally