---
kind: "section"
citation: "33 U.S.C. § 1296"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1296"
heading: "Determination of priority of projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1296"
units:
  - "Chapter 26 — Water Pollution Prevention and Control"
  - "Subchapter II — Grants for Construction of Treatment Works"
---

# §1296. Determination of priority of projects


Notwithstanding any other provision of this chapter, the determination of the priority to be given each category of projects for [construction](/usc/33/1292.md?p=1) of publicly owned [treatment works](/usc/33/1292.md?p=2-A) within each [State](/usc/33/1362.md?p=3) shall be made solely by that [State](/usc/33/1362.md?p=3), 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](/usc/33/1362.md?p=3)’s priority list and such [State](/usc/33/1362.md?p=3) 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](/usc/33/1362.md?p=3) in any fiscal year under this subchapter for [construction](/usc/33/1292.md?p=1) of publicly owned [treatment works](/usc/33/1292.md?p=2-A) in such [State](/usc/33/1362.md?p=3) 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](/usc/33/1362.md?p=3)’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](/usc/33/1362.md?p=3), [municipality](/usc/33/1362.md?p=4), or intermunicipal or [interstate agency](/usc/33/1362.md?p=2) shall be projects which, in the estimation of the [State](/usc/33/1362.md?p=3), are designed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter.


## Source credit

(June 30, 1948, ch. 758, title II, § 216, as added Pub. L. 95–217, § 40, Dec. 27, 1977, 91 Stat. 1582; amended Pub. L. 97–117, § 18, Dec. 29, 1981, 95 Stat. 1630.)

## Notes

### 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.