---
kind: "section"
citation: "42 U.S.C. § 300j–2"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300j–2"
heading: "Grants for State programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300j-2"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XII — Safety of Public Water Systems"
  - "Part E — General Provisions"
---

# §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)](#a-4), the [Administrator](/usc/42/4005.md?p=1) may make grants to [States](/usc/42/201.md?p=f) to carry out public water system supervision [programs](/usc/42/274l–1.md?p=4).
  - (2) No grant may be made under [paragraph (1)](#a-1) unless an application therefor has been submitted to the [Administrator](/usc/42/4005.md?p=1) in such form and manner as he may require. The [Administrator](/usc/42/4005.md?p=1) may not approve an application of a [State](/usc/42/201.md?p=f) for its first grant under [paragraph (1)](#a-1) unless he determines that the [State](/usc/42/201.md?p=f)—
    - (A) has established or will establish within one year from the date of such grant a public water system supervision [program](/usc/42/274l–1.md?p=4), and
    - (B) will, within that one year, assume primary enforcement responsibility for public water systems within the [State](/usc/42/201.md?p=f).

    No grant may be made to a [State](/usc/42/201.md?p=f) under [paragraph (1)](#a-1) for any period beginning more than one year after the date of the [State](/usc/42/201.md?p=f)’s first grant unless the [State](/usc/42/201.md?p=f) has assumed and maintains primary enforcement responsibility for public water systems within the [State](/usc/42/201.md?p=f). 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)](#a-1) shall be made to cover not more than 75 per centum of the grant recipient’s costs (as determined under [regulations](/usc/42/201.md?p=d) of the [Administrator](/usc/42/4005.md?p=1)) in carrying out, during the one-year period beginning on the date the grant is made, a public water system supervision [program](/usc/42/274l–1.md?p=4).
  - (4) In each fiscal year the [Administrator](/usc/42/4005.md?p=1) shall, in accordance, with [regulations](/usc/42/201.md?p=d), allot the sums appropriated for such year under [paragraph (5)](#a-5) among the [States](/usc/42/201.md?p=f) on the basis of population, geographical area, number of public water systems, and other relevant factors. No [State](/usc/42/201.md?p=f) shall receive less than 1 per centum of the annual appropriation for grants under [paragraph (1)](#a-1): Provided, That the [Administrator](/usc/42/4005.md?p=1) 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)](#a-2) may be waived by the [Administrator](/usc/42/4005.md?p=1) with respect to a grant to a [State](/usc/42/201.md?p=f) through fiscal year 1979 but such prohibition may only be waived if, in the judgment of the [Administrator](/usc/42/4005.md?p=1)—
    - (A) the [State](/usc/42/201.md?p=f) is making a diligent effort to assume and maintain primary enforcement responsibility for public water systems within the [State](/usc/42/201.md?p=f);
    - (B) the [State](/usc/42/201.md?p=f) has made significant progress toward assuming and maintaining such primary enforcement responsibility; and
    - (C) there is reason to believe the [State](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=f) for such fiscal year shall be retained by the [Administrator](/usc/42/4005.md?p=1), and the [Administrator](/usc/42/4005.md?p=1) may award such amount to such [State](/usc/42/201.md?p=f) at such time as the [State](/usc/42/201.md?p=f) 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](/usc/42/4005.md?p=1) for any preceding fiscal year and not awarded by the beginning of fiscal year 1979 or 1980 to the [States](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=f) which have assumed primary enforcement responsibility by the beginning of such fiscal year.

  - (6) The [Administrator](/usc/42/4005.md?p=1) shall notify the [State](/usc/42/201.md?p=f) 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)](#a-1), there are authorized to be appropriated $125,000,000 for each of fiscal years 2020 and 2021.
  - (8) **Reservation of funds by the administrator.—** If the [Administrator](/usc/42/4005.md?p=1) assumes the primary enforcement responsibility of a [State](/usc/42/201.md?p=f) public water system supervision [program](/usc/42/274l–1.md?p=4), the [Administrator](/usc/42/4005.md?p=1) 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](/usc/42/201.md?p=f) pursuant to this subsection. The [Administrator](/usc/42/4005.md?p=1) shall use the funds reserved pursuant to this paragraph to ensure the full and effective administration of a public water system supervision [program](/usc/42/274l–1.md?p=4) in the [State](/usc/42/201.md?p=f).
  - (9) **State loan funds.—**
    - (A) **Reservation of funds.—** For any fiscal year for which the amount made available to the [Administrator](/usc/42/4005.md?p=1) by appropriations to carry out this subsection is less than the amount that the [Administrator](/usc/42/4005.md?p=1) determines is necessary to supplement funds made available pursuant to [paragraph (8)](#a-8) to ensure the full and effective administration of a public water system supervision [program](/usc/42/274l–1.md?p=4) in a [State](/usc/42/201.md?p=f), the [Administrator](/usc/42/4005.md?p=1) may reserve from the funds made available to the [State](/usc/42/201.md?p=f) under [section 300j–12 of this title](/usc/42/300j–12.md) (relating to [State](/usc/42/201.md?p=f) loan funds) an amount that is equal to the amount of the shortfall. This paragraph shall not apply to any [State](/usc/42/201.md?p=f) not exercising primary enforcement responsibility for public water systems as of August 6, 1996.
    - (B) **Duty of administrator.—** If the [Administrator](/usc/42/4005.md?p=1) reserves funds from the [allocation](/usc/42/2021b.md?p=2) of a [State](/usc/42/201.md?p=f) under [subparagraph (A)](#a-9-A), the [Administrator](/usc/42/4005.md?p=1) shall carry out in the [State](/usc/42/201.md?p=f) each of the activities that would be required of the [State](/usc/42/201.md?p=f) if the [State](/usc/42/201.md?p=f) had primary enforcement authority under [section 300g–2 of this title](/usc/42/300g–2.md).
- (b) **Underground water source protection programs; applications for grants; allotment of sums; authorization of appropriations—**
  - (1) From allotments made pursuant to [paragraph (4)](#b-4), the [Administrator](/usc/42/4005.md?p=1) may make grants to [States](/usc/42/201.md?p=f) to carry out underground water source protection [programs](/usc/42/274l–1.md?p=4).
  - (2) No grant may be made under [paragraph (1)](#b-1) unless an application therefor has been submitted to the [Administrator](/usc/42/4005.md?p=1) in such form and manner as he may require. No grant may be made to any [State](/usc/42/201.md?p=f) under [paragraph (1)](#b-1) unless the [State](/usc/42/201.md?p=f) has assumed primary enforcement responsibility within two years after the date the [Administrator](/usc/42/4005.md?p=1) promulgates [regulations](/usc/42/201.md?p=d) for [State](/usc/42/201.md?p=f) underground injection control [programs](/usc/42/274l–1.md?p=4) under [section 300h of this title](/usc/42/300h.md). The prohibition contained in the preceding sentence shall not apply to such grants when made to Indian Tribes.
  - (3) A grant under [paragraph (1)](#b-1) shall be made to cover not more than 75 per centum of the grant recipient’s cost (as determined under [regulations](/usc/42/201.md?p=d) of the [Administrator](/usc/42/4005.md?p=1)) in carrying out, during the one-year period beginning on the date the grant is made, and underground water source protection [program](/usc/42/274l–1.md?p=4).
  - (4) In each fiscal year the [Administrator](/usc/42/4005.md?p=1) shall, in accordance with [regulations](/usc/42/201.md?p=d), allot the sums appropriated for such year under [paragraph (5)](#b-5) among the [States](/usc/42/201.md?p=f) on the basis of population, geographical area, and other relevant factors.
  - (5) For purposes of making grants under [paragraph (1)](#b-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)](#b-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](/usc/42/274l–1.md?p=4)” means a [program](/usc/42/274l–1.md?p=4) for the adoption and enforcement of drinking water [regulations](/usc/42/201.md?p=d) (with such variances and exemptions from such [regulations](/usc/42/201.md?p=d) 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](/usc/42/300g–4.md) and [300g–5](/usc/42/300g–5.md) of this title) which are no less stringent than the national primary drinking water [regulations](/usc/42/201.md?p=d) under [section 300g–1 of this title](/usc/42/300g–1.md), and for keeping records and making reports required by [section 300g–2(a)(3) of this title](/usc/42/300g–2.md?p=a-3).
  - (2) The term “underground water source protection [program](/usc/42/274l–1.md?p=4)” means a [program](/usc/42/274l–1.md?p=4) for the adoption and enforcement of a [program](/usc/42/274l–1.md?p=4) which meets the requirements of [regulations](/usc/42/201.md?p=d) under [section 300h of this title](/usc/42/300h.md), and for keeping records and making reports required by [section 300h–1(b)(1)(A)(ii) of this title](/usc/42/300h–1.md?p=b-1-A-ii). Such term includes, where applicable, a [program](/usc/42/274l–1.md?p=4) which meets the requirements of [section 300h–4 of this title](/usc/42/300h–4.md).
- (d) **New York City watershed protection program—**
  - (1) **In general—** The [Administrator](/usc/42/4005.md?p=1) is authorized to provide financial assistance to the [State](/usc/42/201.md?p=f) of New York for demonstration [projects](/usc/42/13641.md?p=2) implemented as part of the watershed [program](/usc/42/274l–1.md?p=4) for the protection and enhancement of the quality of source waters of the New York City water supply system, including [projects](/usc/42/13641.md?p=2) that demonstrate, assess, or provide for comprehensive monitoring and surveillance and [projects](/usc/42/13641.md?p=2) necessary to comply with the criteria for avoiding filtration contained in 40 CFR 141.71. Demonstration [projects](/usc/42/13641.md?p=2) which shall be eligible for financial assistance shall be certified to the [Administrator](/usc/42/4005.md?p=1) by the [State](/usc/42/201.md?p=f) of New York as satisfying the purposes of this subsection. In certifying [projects](/usc/42/13641.md?p=2) to the [Administrator](/usc/42/4005.md?p=1), the [State](/usc/42/201.md?p=f) of New York shall give priority to monitoring [projects](/usc/42/13641.md?p=2) that have undergone peer review.
  - (2) **Report—** Not later than 5 years after the date on which the [Administrator](/usc/42/4005.md?p=1) first provides assistance pursuant to this paragraph, the Governor of the [State](/usc/42/201.md?p=f) of New York shall submit a report to the [Administrator](/usc/42/4005.md?p=1) on the results of [projects](/usc/42/13641.md?p=2) assisted.
  - (3) **Matching requirements—** Federal assistance provided under this subsection shall not exceed 50 percent of the total cost of the protection [program](/usc/42/274l–1.md?p=4) being carried out for any particular watershed or ground water recharge area.
  - (4) **Authorization—** There are authorized to be appropriated to the [Administrator](/usc/42/4005.md?p=1) to carry out this subsection for each of fiscal years 2003 through 2010, $15,000,000 for the purpose of providing assistance to the [State](/usc/42/201.md?p=f) of New York to carry out [paragraph (1)](#d-1).

## Source credit

(July 1, 1944, ch. 373, title XIV, § 1443, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1684; amended Pub. L. 95–190, §§ 2(b), (c), 5(a), Nov. 16, 1977, 91 Stat. 1393, 1395; Pub. L. 96–63, § 2, Sept. 6, 1979, 93 Stat. 411; Pub. L. 96–502, §§ 2(c), 4(d), Dec. 5, 1980, 94 Stat. 2738; Pub. L. 99–339, title III, §§ 301(b), (c), 302(d), June 19, 1986, 100 Stat. 664, 666; Pub. L. 104–182, title I, §§ 120(c), 124, 128, Aug. 6, 1996, 110 Stat. 1651, 1653, 1659; Pub. L. 108–328, § 1, Oct. 16, 2004, 118 Stat. 1273; Pub. L. 115–270, title II, § 2014, Oct. 23, 2018, 132 Stat. 3854.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (a)(7). Pub. L. 115–270 substituted “$125,000,000 for each of fiscal years 2020 and 2021” for “$100,000,000 for each of fiscal years 1997 through 2003”.

2004—Subsec. (d)(4). Pub. L. 108–328 substituted “2003 through 2010” for “1997 through 2003”.

1996—Subsec. (a)(7). Pub. L. 104–182, § 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, § 124(2), added pars. (8) and (9).

Subsec. (b)(5). Pub. L. 104–182, § 120(c), inserted table item relating to fiscal years 1992 through 2003.

Subsec. (d). Pub. L. 104–182, § 128, added subsec. (d).

1986—Subsec. (a)(2). Pub. L. 99–339, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 5(a), added pars. (5) and (6). Former par. (5) redesignated (7).

Subsec. (a)(7). Pub. L. 95–190, §§ 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, § 2(c), inserted provisions authorizing appropriations for fiscal years 1978 and 1979.