
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6986]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
 SUBCHAPTER VIII--RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION
 
Sec. 6986. Grants for resource recovery systems and improved 
        solid waste disposal facilities
        

(a) Authority

    The Administrator is authorized to make grants pursuant to this 
section to any State, municipal, or interstate or intermunicipal agency 
for the demonstration of resource recovery systems or for the 
construction of new or improved solid waste disposal facilities.

(b) Conditions

    (1) Any grant under this section for the demonstration of a resource 
recovery system may be made only if it (A) is consistent with any plans 
which meet the requirements of subchapter IV of this chapter; (B) is 
consistent with the guidelines recommended pursuant to section 6907 of 
this title; (C) is designed to provide area-wide resource recovery 
systems consistent with the purposes of this chapter, as determined by 
the Administrator, pursuant to regulations promulgated under subsection 
(d) of this section; and (D) provides an equitable system for 
distributing the costs associated with construction, operation, and 
maintenance of any resource recovery system among the users of such 
system.
    (2) The Federal share for any project to which paragraph (1) applies 
shall not be more than 75 percent.

(c) Limitations

    (1) A grant under this section for the construction of a new or 
improved solid waste disposal facility may be made only if--
        (A) a State or interstate plan for solid waste disposal has been 
    adopted which applies to the area involved, and the facility to be 
    constructed (i) is consistent with such plan, (ii) is included in a 
    comprehensive plan for the area involved which is satisfactory to 
    the Administrator for the purposes of this chapter, and (iii) is 
    consistent with the guidelines recommended under section 6907 of 
    this title, and
        (B) the project advances the state of the art by applying new 
    and improved techniques in reducing the environmental impact of 
    solid waste disposal, in achieving recovery of energy or resources, 
    or in recycling useful materials.

    (2) The Federal share for any project to which paragraph (1) applies 
shall be not more than 50 percent in the case of a project serving an 
area which includes only one municipality, and not more than 75 percent 
in any other case.

(d) Regulations

    (1) The Administrator shall promulgate regulations establishing a 
procedure for awarding grants under this section which--
        (A) provides that projects will be carried out in communities of 
    varying sizes, under such conditions as will assist in solving the 
    community waste problems of urban-industrial centers, metropolitan 
    regions, and rural areas, under representative geographic and 
    environmental conditions; and
        (B) provides deadlines for submission of, and action on, grant 
    requests.

    (2) In taking action on applications for grants under this section, 
consideration shall be given by the Administrator (A) to the public 
benefits to be derived by the construction and the propriety of Federal 
aid in making such grant; (B) to the extent applicable, to the economic 
and commercial viability of the project (including contractual 
arrangements with the private sector to market any resources recovered); 
(C) to the potential of such project for general application to 
community solid waste disposal problems; and (D) to the use by the 
applicant of comprehensive regional or metropolitan area planning.

(e) Additional limitations

    A grant under this section--
        (1) may be made only in the amount of the Federal share of (A) 
    the estimated total design and construction costs, plus (B) in the 
    case of a grant to which subsection (b)(1) of this section applies, 
    the first-year operation and maintenance costs;
        (2) may not be provided for land acquisition or (except as 
    otherwise provided in paragraph (1)(B)) for operating or maintenance 
    costs;
        (3) may not be made until the applicant has made provision 
    satisfactory to the Administrator for proper and efficient operation 
    and maintenance of the project (subject to paragraph (1)(B)); and
        (4) may be made subject to such conditions and requirements, in 
    addition to those provided in this section, as the Administrator may 
    require to properly carry out his functions pursuant to this 
    chapter.

For purposes of paragraph (1), the non-Federal share may be in any form, 
including, but not limited to, lands or interests therein needed for the 
project or personal property or services, the value of which shall be 
determined by the Administrator.

(f) Single State

    (1) Not more than 15 percent of the total of funds authorized to be 
appropriated for any fiscal year to carry out this section shall be 
granted under this section for projects in any one State.
    (2) The Administrator shall prescribe by regulation the manner in 
which this subsection shall apply to a grant under this section for a 
project in an area which includes all or part of more than one State.

(Pub. L. 89-272, title II, Sec. 8006, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2838.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 3254b of this title, prior to the general amendment of the Solid 
Waste Disposal Act by Pub. L. 94-580.

                          Transfer of Functions

    For transfer of certain enforcement functions of Administrator or 
other official of Environmental Protection Agency under this chapter to 
Federal Inspector, Office of Federal Inspector for the Alaska Natural 
Gas Transportation System, and subsequent transfer to Secretary of 
Energy, see note set out under section 6903 of this title.
