---
kind: "range"
citation: "40 C.F.R. §§ 35.400–35.408"
title: "40"
from: "35.400"
to: "35.408"
count: 4
url: "https://uscodex.org/cfr/40/35.400..35.408"
---

# §35.400. Purpose.

- (a) **Purpose of section.** [Sections 35.400 through 35.408](/cfr/40/35.400..35.408.md) govern State Administration Grants to States (as defined in section 502 of the Clean Water Act) authorized under [section 205(g)](/cfr/40/205.md?p=g) of the Act.
- (b) **Purpose of program.** EPA awards these grants for the following two purposes:
  - (1) **Construction management grants.** A State may use [section 205(g)](/cfr/40/205.md?p=g) funds for administering elements of the construction grant program under sections 201, 203, 204, and 212 of the Clean Water Act and for managing waste treatment construction grants for small communities. A State may also use construction management assistance funds for administering elements of a State's construction grant program which are implemented without federal grants, if the Regional Administrator determines that those elements are consistent with [40 CFR part 35](/cfr/40/part35.md), subpart I.
  - (2) **Permit and planning grants.** A State may use [section 205(g)](/cfr/40/205.md?p=g) funds for administering permit programs under sections [402](/cfr/40/402.md) and [404](/cfr/40/404.md), including Municipal Wastewater Pollution Prevention activities under an approved [section 402](/cfr/40/402.md) program and State operator training programs, and for administering statewide waste treatment management planning programs, including the development of State biosolids management programs, under [section 208(b)(4)](/cfr/40/208.md?p=b-4). Some of these activities may also be eligible for funding under [sections 106](/cfr/40/106.md) (Water Pollution Control), 205(j)(2) (Water Quality Management Planning), and 104(b)(3) (Water Quality Cooperative Agreements and Wetlands Development Grants) of the Clean Water Act. (See §§ [35.160](/cfr/40/35.160.md), [35.410](/cfr/40/35.410.md), [35.360](/cfr/40/35.360.md), and [35.380](/cfr/40/35.380.md).)
- (c) **Associated program requirements.** Program requirements for State construction management activities under delegation are provided in [40 CFR part 35](/cfr/40/part35.md), [subparts I](/cfr/40/subpartI.md) and J. Program requirements for water quality management activities are provided in [40 CFR part 130](/cfr/40/part130.md).

# §35.402. Allotment.


Each State may reserve up to four percent of the State's authorized construction grant allotment as determined by Congress or $400,000, whichever is greater, for [section 205 (g)](/cfr/40/205.md?p=g) grants.


# §35.405. Maintenance of effort.


To receive funds under [section 205(g)](/cfr/40/205.md?p=g), a State agency must expend annually for recurrent [section 106](/cfr/40/106.md) program expenditures an amount of non-federal funds at least equal to such expenditures during fiscal year 1977, unless the Regional Administrator determines that the reduction is attributable to a non-selective reduction of expenditures in State executive branch agencies (see [§ 35.165](/cfr/40/35.165.md)).


# §35.408. Award limitations.


The Regional Administrator will not award [section 205(g)](/cfr/40/205.md?p=g) funds:

- (a) For construction management grants unless there is a signed agreement delegating responsibility for administration of those activities to the State.
- (b) For permit and planning grants before awarding funds providing for the management of a substantial portion of the State's construction grants program. The maximum amount of permit and planning grants a State may receive is limited to the amount remaining in its reserve after the Regional Administrator allows for full funding of the management of the construction grant program under full delegation.
- (c) For permit and planning grants unless the work plan submitted with the application shows that the activities to be funded are coordinated, as appropriate, with activities proposed for funding under [sections 106](/cfr/40/106.md) (Water Pollution Control) and 205(j) (Water Quality Management Planning) of the Clean Water Act.