§ 1285.
(j)
Water quality management plan; reservation of funds for nonpoint source management
(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 subchapter, 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 1313(e) of this title.
(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 chapter, 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 chapter.
(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 1329 of this title. 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 subchapter.
([June 30, 1948, ch. 758], title II, § 205, as added [Pub. L. 92–500, § 2], Oct. 18, 1972, [86 Stat. 837]; amended [Pub. L. 93–243, § 1], Jan. 2, 1974, [87 Stat. 1069]; [Pub. L. 95–217], §§ 25, 26(a), 27, 28, Dec. 27, 1977, [91 Stat. 1574], 1575; [Pub. L. 96–483, § 11], Oct. 21, 1980, [94 Stat. 2363]; [Pub. L. 97–117], §§ 8(c), 13–16, Dec. 29, 1981, [95 Stat. 1625], 1627–1629; [Pub. L. 100–4, title II], §§ 206(a)–(c), 207–210, 212(b), title III, § 316(d), Feb. 4, 1987, [101 Stat. 19–21], 27, 60; [Pub. L. 105–362, title V, § 501(d)(2)(C)], Nov. 10, 1998, [112 Stat. 3284]; [Pub. L. 107–303, title III, § 302(b)(1)], Nov. 27, 2002, [116 Stat. 2361].)