33 U.S.C. § 1385

Corrective action

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(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), the Administrator shall withhold additional payments to the State until the Administrator is satisfied that the State has taken the necessary corrective action.

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), the payments withheld from the State by the Administrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allotment of funds under this subchapter.

(June 30, 1948, ch. 758, title VI, § 605, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 25.)

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: Conservation Law Found., Inc. v. Jackson, 964 F. Supp. 2d 152 (D. Mass. 2013).

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Conservation Law Found., Inc. v. Jackson, 964 F. Supp. 2d 152 (D. Mass. 2013). “See 33 U.S.C. § 1385 (a) and (b). Courts have concluded that an agency’s decision to award or withhold funds constitutes agency action under the APA even when that decision is not expressly embodied in a rule, order, or sanction.”

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