
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300j-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                       Part E--General Provisions
 
Sec. 300j-2. Grants for State programs


(a) Public water systems supervision programs; applications for grants; 
        allotment of sums; waiver of grant restrictions; notice of 
        approval or disapproval of application; authorization of 
        appropriations

    (1) From allotments made pursuant to paragraph (4), the 
Administrator may make grants to States to carry out public water system 
supervision programs.
    (2) No grant may be made under paragraph (1) unless an application 
therefor has been submitted to the Administrator in such form and manner 
as he may require. The Administrator may not approve an application of a 
State for its first grant under paragraph (1) unless he determines that 
the State--
        (A) has established or will establish within one year from the 
    date of such grant a public water system supervision program, and
        (B) will, within that one year, assume primary enforcement 
    responsibility for public water systems within the State.

No grant may be made to a State under paragraph (1) for any period 
beginning more than one year after the date of the State's first grant 
unless the State has assumed and maintains primary enforcement 
responsibility for public water systems within the State. The 
prohibitions contained in the preceding two sentences shall not apply to 
such grants when made to Indian Tribes.
    (3) A grant under paragraph (1) shall be made to cover not more than 
75 per centum of the grant recipient's costs (as determined under 
regulations of the Administrator) in carrying out, during the one-year 
period beginning on the date the grant is made, a public water system 
supervision program.
    (4) In each fiscal year the Administrator shall, in accordance, with 
regulations, allot the sums appropriated for such year under paragraph 
(5) among the States on the basis of population, geographical area, 
number of public water systems, and other relevant factors. No State 
shall receive less than 1 per centum of the annual appropriation for 
grants under paragraph (1): Provided, That the Administrator may, by 
regulation, reduce such percentage in accordance with the criteria 
specified in this paragraph: And provided further, That such percentage 
shall not apply to grants allotted to Guam, American Samoa, or the 
Virgin Islands.
    (5) The prohibition contained in the last sentence of paragraph (2) 
may be waived by the Administrator with respect to a grant to a State 
through fiscal year 1979 but such prohibition may only be waived if, in 
the judgment of the Administrator--
        (A) the State is making a diligent effort to assume and maintain 
    primary enforcement responsibility for public water systems within 
    the State;
        (B) the State has made significant progress toward assuming and 
    maintaining such primary enforcement responsibility; and
        (C) there is reason to believe the State will assume such 
    primary enforcement responsibility by October 1, 1979.

The amount of any grant awarded for the fiscal years 1978 and 1979 
pursuant to a waiver under this paragraph may not exceed 75 per centum 
of the allotment which the State would have received for such fiscal 
year if it had assumed and maintained such primary enforcement 
responsibility. The remaining 25 per centum of the amount allotted to 
such State for such fiscal year shall be retained by the Administrator, 
and the Administrator may award such amount to such State at such time 
as the State assumes such responsibility before the beginning of fiscal 
year 1980. At the beginning of each fiscal years 1979 and 1980 the 
amounts retained by the Administrator for any preceding fiscal year and 
not awarded by the beginning of fiscal year 1979 or 1980 to the States 
to which such amounts were originally allotted may be removed from the 
original allotment and reallotted for fiscal year 1979 or 1980 (as the 
case may be) to States which have assumed primary enforcement 
responsibility by the beginning of such fiscal year.
    (6) The Administrator shall notify the State of the approval or 
disapproval of any application for a grant under this section--
        (A) within ninety days after receipt of such application, or
        (B) not later than the first day of the fiscal year for which 
    the grant application is made,

whichever is later.
    (7) Authorization.--For the purpose of making grants under paragraph 
(1), there are authorized to be appropriated $100,000,000 for each of 
fiscal years 1997 through 2003.
    (8) Reservation of funds by the administrator.--If the Administrator 
assumes the primary enforcement responsibility of a State public water 
system supervision program, the Administrator may reserve from funds 
made available pursuant to this subsection an amount equal to the amount 
that would otherwise have been provided to the State pursuant to this 
subsection. The Administrator shall use the funds reserved pursuant to 
this paragraph to ensure the full and effective administration of a 
public water system supervision program in the State.
    (9) State loan funds.--
        (A) Reservation of funds.--For any fiscal year for which the 
    amount made available to the Administrator by appropriations to 
    carry out this subsection is less than the amount that the 
    Administrator determines is necessary to supplement funds made 
    available pursuant to paragraph (8) to ensure the full and effective 
    administration of a public water system supervision program in a 
    State, the Administrator may reserve from the funds made available 
    to the State under section 300j-12 of this title (relating to State 
    loan funds) an amount that is equal to the amount of the shortfall. 
    This paragraph shall not apply to any State not exercising primary 
    enforcement responsibility for public water systems as of August 6, 
    1996.
        (B) Duty of administrator.--If the Administrator reserves funds 
    from the allocation of a State under subparagraph (A), the 
    Administrator shall carry out in the State each of the activities 
    that would be required of the State if the State had primary 
    enforcement authority under section 300g-2 of this title.

(b) Underground water source protection programs; applications for 
        grants; allotment of sums; authorization of appropriations

    (1) From allotments made pursuant to paragraph (4), the 
Administrator may make grants to States to carry out underground water 
source protection programs.
    (2) No grant may be made under paragraph (1) unless an application 
therefor has been submitted to the Administrator in such form and manner 
as he may require. No grant may be made to any State under paragraph (1) 
unless the State has assumed primary enforcement responsibility within 
two years after the date the Administrator promulgates regulations for 
State underground injection control programs under section 300h of this 
title. The prohibition contained in the preceding sentence shall not 
apply to such grants when made to Indian Tribes.
    (3) A grant under paragraph (1) shall be made to cover not more than 
75 per centum of the grant recipient's cost (as determined under 
regulations of the Administrator) in carrying out, during the one-year 
period beginning on the date the grant is made, and underground water 
source protection program.
    (4) In each fiscal year the Administrator shall, in accordance with 
regulations, allot the sums appropriated for such year under paragraph 
(5) among the States on the basis of population, geographical area, and 
other relevant factors.
    (5) For purposes of making grants under paragraph (1) there are 
authorized to be appropriated $5,000,000 for the fiscal year ending June 
30, 1976, $7,500,000 for the fiscal year ending June 30, 1977, 
$10,000,000 for each of the fiscal years 1978 and 1979, $7,795,000 for 
the fiscal year ending September 30, 1980, $18,000,000 for the fiscal 
year ending September 30, 1981, and $21,000,000 for the fiscal year 
ending September 30, 1982. For the purpose of making grants under 
paragraph (1) there are authorized to be appropriated not more than the 
following amounts:


                      Fiscal year:                            Amount

    1987................................................   $19,700,000
    1988................................................    19,700,000
    1989................................................    20,850,000
    1990................................................    20,850,000
    1991................................................    20,850,000
    1992-2003...........................................     15,000,000.


(c) Definitions

    For purposes of this section:
        (1) The term ``public water system supervision program'' means a 
    program for the adoption and enforcement of drinking water 
    regulations (with such variances and exemptions from such 
    regulations under conditions and in a manner which is not less 
    stringent than the conditions under, and the manner in, which 
    variances and exemptions may be granted under sections 300g-4 and 
    300g-5 of this title) which are no less stringent than the national 
    primary drinking water regulations under section 300g-1 of this 
    title, and for keeping records and making reports required by 
    section 300g-2(a)(3) of this title.
        (2) The term ``underground water source protection program'' 
    means a program for the adoption and enforcement of a program which 
    meets the requirements of regulations under section 300h of this 
    title, and for keeping records and making reports required by 
    section 300h-1(b)(1)(A)(ii) of this title. Such term includes, where 
    applicable, a program which meets the requirements of section 300h-4 
    of this title.

(d) New York City watershed protection program

                           (1) In general

        The Administrator is authorized to provide financial assistance 
    to the State of New York for demonstration projects implemented as 
    part of the watershed program for the protection and enhancement of 
    the quality of source waters of the New York City water supply 
    system, including projects that demonstrate, assess, or provide for 
    comprehensive monitoring and surveillance and projects necessary to 
    comply with the criteria for avoiding filtration contained in 40 CFR 
    141.71. Demonstration projects which shall be eligible for financial 
    assistance shall be certified to the Administrator by the State of 
    New York as satisfying the purposes of this subsection. In 
    certifying projects to the Administrator, the State of New York 
    shall give priority to monitoring projects that have undergone peer 
    review.

                             (2) Report

        Not later than 5 years after the date on which the Administrator 
    first provides assistance pursuant to this paragraph, the Governor 
    of the State of New York shall submit a report to the Administrator 
    on the results of projects assisted.

                      (3) Matching requirements

        Federal assistance provided under this subsection shall not 
    exceed 50 percent of the total cost of the protection program being 
    carried out for any particular watershed or ground water recharge 
    area.

                          (4) Authorization

        There are authorized to be appropriated to the Administrator to 
    carry out this subsection for each of fiscal years 1997 through 
    2003, $15,000,000 for the purpose of providing assistance to the 
    State of New York to carry out paragraph (1).

(July 1, 1944, ch. 373, title XIV, Sec. 1443, as added Pub. L. 93-523, 
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1684; amended Pub. L. 95-190, 
Secs. 2(b), (c), 5(a), Nov. 16, 1977, 91 Stat. 1393, 1395; Pub. L. 96-
63, Sec. 2, Sept. 6, 1979, 93 Stat. 411; Pub. L. 96-502, Secs. 2(c), 
4(d), Dec. 5, 1980, 94 Stat. 2738; Pub. L. 99-339, title III, 
Secs. 301(b), (c), 302(d), June 19, 1986, 100 Stat. 664, 666; Pub. L. 
104-182, title I, Secs. 120(c), 124, 128, Aug. 6, 1996, 110 Stat. 1651, 
1653, 1659.)


                               Amendments

    1996--Subsec. (a)(7). Pub. L. 104-182, Sec. 124(1), inserted heading 
and amended text generally. Prior to amendment, text read as follows: 
``For purposes of making grants under paragraph (1) there are authorized 
to be appropriated $15,000,000 for the fiscal year ending June 30, 1976, 
$25,000,000 for the fiscal year ending June 30, 1977, $35,000,000 for 
fiscal year 1978, $45,000,000 for fiscal year 1979, $29,450,000 for the 
fiscal year ending September 30, 1980, $32,000,000 for the fiscal year 
ending September 30, 1981, and $34,000,000 for the fiscal year ending 
September 30, 1982. For the purposes of making grants under paragraph 
(1) there are authorized to be appropriated not more than the following 
amounts:

``Fiscal year:                                                Amount    
    1987..................................................  $37,200,000  

    1988..................................................   37,200,000  

    1989..................................................   40,150,000  

    1990..................................................   40,150,000  

                1991.................................................   
                                                           40,150,000''.

    Subsec. (a)(8), (9). Pub. L. 104-182, Sec. 124(2), added pars. (8) 
and (9).
    Subsec. (b)(5). Pub. L. 104-182, Sec. 120(c), inserted table item 
relating to fiscal years 1992 through 2003.
    Subsec. (d). Pub. L. 104-182, Sec. 128, added subsec. (d).
    1986--Subsec. (a)(2). Pub. L. 99-339, Sec. 302(d)(1), inserted 
provision that prohibitions contained in preceding two sentences not 
apply to such grants when made to Indian Tribes.
    Subsec. (a)(7). Pub. L. 99-339, Sec. 301(b), authorized 
appropriations for grants under par. (1) of not more than $37,200,000 
for fiscal years 1987 and 1988 and of not more than $40,150,000 for 
fiscal years 1989 to 1991.
    Subsec. (b)(2). Pub. L. 99-339, Sec. 302(d)(2), inserted provision 
that prohibition contained in preceding sentence not apply to such 
grants when made to Indian Tribes.
    Subsec. (b)(5). Pub. L. 99-339, Sec. 301(c), authorized 
appropriations for grants under par. (1) of not more than $19,700,000 
for fiscal years 1987 and 1988 and of not more than $20,850,000 for 
fiscal years 1989 to 1991.
    1980--Subsec. (b)(2). Pub. L. 96-502, Sec. 4(d), substituted 
provisions that no grant may be made to any State under par. (1) unless 
the State has assumed primary enforcement responsibility within two 
years after the date the Administrator promulgates regulations for State 
underground injection control programs under section 300h of this title 
for provisions that the Administrator may not approve an application of 
a State for its first grant under par. (1) unless he determines that the 
State has established or will establish within two years from the date 
of such grant an underground water source protection, and will, within 
such two years, assume primary enforcement responsibility for 
underground water sources within the State and that no grant may be made 
to a State under par. (1) for any period beginning more than two years 
after the date of the State's first grant unless the State has assumed 
and maintains primary enforcement responsibility for underground water 
sources within the State.
    Subsec. (c)(2). Pub. L. 96-502, Sec. 2(c), inserted provision that 
such term includes, where applicable, a program which meets requirements 
of section 300h-4 of this title.
    1979--Subsec. (a)(7). Pub. L. 96-63, Sec. 2(a), authorized 
appropriation of $29,450,000, $32,000,000, and $34,000,000 for fiscal 
years ending Sept. 30, 1980, through 1982, respectively.
    Subsec. (b)(5). Pub. L. 96-63, Sec. 2(b), authorized appropriation 
of $7,795,000, $18,000,000, and $21,000,000 for fiscal years ending 
Sept. 30, 1980, through 1982, respectively.
    1977--Subsec. (a)(5), (6). Pub. L. 95-190, Sec. 5(a), added pars. 
(5) and (6). Former par. (5) redesignated (7).
    Subsec. (a)(7). Pub. L. 95-190, Secs. 2(b), 5(a), redesignated 
former par. (5) as (7) and authorized appropriations for fiscal years 
1978 and 1979.
    Subsec. (b)(5). Pub. L. 95-190, Sec. 2(c), inserted provisions 
authorizing appropriations for fiscal years 1978 and 1979.

                  Section Referred to in Other Sections

    This section is referred to in sections 300g-6, 300j-1, 300j-12 of 
this title.
