Page:United States Statutes at Large Volume 101 Part 1.djvu/46

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 16

project shall be eligible for grants at 75 percent of the cost of construction thereof.". Pennsylvania.

33 USC 1282.

(c) PROJECTS U N D E R JUDICIAL O R D E R AND OTHER PROJECTS.—SeC-

33 USC 1281.

tion 202(a)(l) is amended by adding at the end thereof the following: "Notwithstanding the first sentence of this paragraph, in the case of the Wyoming Valley Sanitary Authority project mandated by judicial order under a proceeding begun prior to October 1, 1984, and a project for wastewater treatment for Altoona, Pennsylvania, such projects shall be eligible for grants at 75 percent of the cost of construction thereof.'. (d) BioDisc EQUIPMENT.—Section 202(aK3) is amended by adding at the end thereof the following: "In addition, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment has failed to meet design performance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expenditures.". (e) INNOVATIVE PROCESS.—The activated bio-filter feature of the project for treatment works of the city of Little Falls, Minnesota, shall be deemed to be an innovative wastewater process and technique for purposes of section 202(a)(2) of the Federal Water Pollution Control Act and the amount of any grant under such Act for such feature shall be 85 percent of the cost thereof. (0 AVAILABILITY OF CERTAIN FUNDS FOR NON-FEDERAL SHARE.— Notwithstanding any other provision of law. Federal assistance made available by the Farmers Home Administration to any political subdivision of a State may be used to provide the non-Federal share of the cost of any construction project carried out under section 201 of the Federal Water Pollution Control Act.

Contracts.

SEC. 203. AGREEMENT ON ELIGIBLE COSTS.

33 USC 1283. Hii jsaii

Section 203(a) is amended by inserting "(1)" after "(a)", by designating the last sentence as paragraph (3) and indenting such sentence as a paragraph, and by inserting before paragraph (3) as so designated the following:

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"(2) AGREEMENT ON ELIGIBLE COSTS.— "(A) LIMITATION ON MODIFICATIONS.—Before taking final

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,..,., Minnesota.

33 USC 1281b. State and local governments.

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action on any plans, specifications, and estimates submitted under this subsection after the 60th day following the date of the enactment of the Water Quality Act of 1987, the Administrator shall enter into a written agreement with the applicant which establishes and specifies which items of the proposed project are eligible for Federal payments under this section. The Administrator may not later modify such eligibility determinations unless they are found to have been made in violation of applicable Federal statutes and regulations. "(B) LIMITATION ON EFFECT.—Eligibility determinations

33 USC 1361.

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under this paragraph shall not preclude the Administrator from auditing a project pursuant to section 501 of this Act, or other authority, or from withholding or recovering Federal funds for costs which are found to be unreasonable, unsupported by adequate documentation, or otherwise unallowable under applicable Federal cost principles, or which are incurred on a project which fails to meet the design