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33 U.S.C. § 1385

Section 1385 · Corrective action

Amended 2 times on record

Applied in 1 court decisions — leading case 964 F. Supp. 2d 152 - Conservation Law Foundation, Inc. v. Jackson (2013)

Most recently applied in 964 F. Supp. 2d 152 - Conservation Law Foundation, Inc. v. Jackson (August 2013)

(a) Notification of noncompliance

If the Administrator determines that a State has not complied with its agreement with the Administrator under section 1382 of this title or any other requirement of this subchapter, the Administrator shall notify the State of such noncompliance and the necessary corrective action.

(b) Withholding of payments

If a State does not take corrective action within 60 days after the date a State receives notification of such action under subsection (a) of this section, the Administrator shall withhold additional payments to the State until the Administrator is satisfied that the State has taken the necessary corrective action.

(c) Reallotment of withheld payments

If the Administrator is not satisfied that adequate corrective actions have been taken by the State within 12 months after the State is notified of such actions under subsection (a) of this section, the payments withheld from the State by the Administrator under subsection (b) of this section shall be made available for reallotment in accordance with the most recent formula for allotment of funds under this subchapter.

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