Page:United States Statutes at Large Volume 102 Part 5.djvu/140

 102 STAT. 4146

PUBLIC LAW 100-688—NOV. 18, 1988 "(C) not to exceed one-third of such total amount shall be transferred to the Under Secretary of Commerce for Oceans and Atmosphere for use for— "(i) monitoring, research, and related activities consistent with the program developed pursuant to subsection (j)(D; and "(ii) preparing annual reports to the Congress pursuant to subsection (j)(4) which describe the results of such monitoring, research, and activities. "(2) DEPOSITS INTO STATE WATER POLLUTION CONTROL REVOLV-

ING FUND.—(A) Amounts paid to a State pursuant to subsection (b)(2)(D), (d)(2)(C)(ii), or (e)(2)(C) shall be deposited into the water pollution control revolving fund established by the State pursuant to title VI of the Federal Water Pollution Control Act. "(B) Amounts deposited into a State water pollution control revolving fund pursuant to this paragraph— "(i) shall not be used by the State to provide Eissistance to the person who paid such amounts for development or implementation of any alternative system; "(ii) shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and "(iii) shall not be subject to State matching requirements under such title. "(3) PENALTY PAYMENTS TO STATES AFTER 1994.—(A) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) may be used by the State— "(i) for providing assistance to any person in the State— "(I) for implementing a management program under section 319 of the Federal Water Pollution Control Act; "(II) for developing and implementing a conservation and management plan under section 320 of such Act; or "(III) for implementing technologies and management practices necessary for controlling pollutant inputs adversely affecting the New York Bight, EIS such inputs are identified in the New York Bight Restoration Plan prepared under section 2301 of the Marine Plastic Pollution Research and Control Act of 1987; and "(ii) for providing assistance to any person in the State who was not required to pay such penalties for construction of treatment works (as defined in section 212 of the Federal Water Pollution Control Act) which are publicly owned. "(B) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) which are not used in accordance with subparagraph (A) shall be deposited into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act. Amounts deposited into such a fund pursuant to this subparagraph— "(i) shall not be used by the State to provide assistance to the person who paid such amounts; "(ii) shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and "(iii) shall not be subject to State matching requirements under such title. "(4) DEPOSITS INTO TREASURY AS OFFSETTING COLLECTIONS.—

Amounts of fees and penalties paid to the Administrator pursu-

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