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Title 33 — Navigation and Navigable Waters

Chapter 26 — Water Pollution Prevention and Control

§ 1296. Determination of priority of projects

Statutory text

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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Clean Water Act of 1977

    Pub. L. 95–217 § 40 · 91 Stat. 1566

    Enacted · 33 U.S.C. § 1296

    June 30, 1948, ch. 758, title II, § 216, as added Pub. L. 95–217, § 40, Dec. 27, 1977, 91 Stat. 1582

    Source evidence

    Code source credit
    June 30, 1948, ch. 758, title II, § 216, as added Pub. L. 95–217, § 40, Dec. 27, 1977, 91 Stat. 1582

    Enacted provision · exact public law section
    Sec. 40. determination of priority Title II of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new section: “Sec. 216. “determination of priority Notwithstanding any other provision of this Act, 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 Act, 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 title 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.”.

  2. Municipal Wastewater Treatment Construction Grant Amendments of 1981

    Pub. L. 97–117 § 18 · 95 Stat. 1623

    Inserted · 33 U.S.C. § 1296

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 18. water quality priority Section 216 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new sentence: “It is the policy of Congress that projects for wastewater treatment and management undertaken with Federal financial assistance under this Act 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 the Act.”.

2 of 2 references resolved to an enrolled provision

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.

Credits

1948–1981 · 2 acts
  1. 1948June 30, 1948, ch. 758, title II, § 216, as added Pub. L. 95–217, § 40, , 91 Stat. 1582
  2. 1981amended Pub. L. 97–117, § 18, , 95 Stat. 1630.
Show as published

(June 30, 1948, ch. 758, title II, § 216, as added Pub. L. 95–217, § 40, , 91 Stat. 1582; amended Pub. L. 97–117, § 18, , 95 Stat. 1630.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s1296