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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 82. SOLID WASTE DISPOSAL |
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SubChapter IV. STATE OR REGIONAL SOLID WASTE PLANS |
§ 6948. Federal assistance
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(a) Authorization of Federal financial assistance (1) There are authorized to be appropriated $30,000,000 for fiscal year 1978, $40,000,000 for fiscal year 1979, $20,000,000 for fiscal year 1980, $15,000,000 for fiscal year 1981, $20,000,000 for the fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for purposes of financial assistance to States and local, regional, and interstate authorities for the development and implementation of plans approved by the Administrator under this subchapter (other than the provisions of such plans referred to in section 6943(b) of this title. Such grants may be made only pursuant to an application submitted to the Administrator by the municipality which application has been approved by the State and determined by the State to be consistent with any State plan approved or submitted under this subchapter or any other appropriate planning carried out by the State. (2) There is authorized to be appropriated for the fiscal year beginning October 1, 1981 , and for each fiscal year thereafter beforeOctober 1, 1986 , $8,000,000 for purposes of making grants to municipalities under this subsection. No amount may be appropriated for such purposes for the fiscal year beginning onOctober 1, 1986 , or for any fiscal year thereafter.(3) Assistance provided by the Administrator under this subsection shall be used only for the purposes specified in paragraph (1). Such assistance may not be used for purposes of land acquisition, final facility design, equipment purchase, construction, startup or operation activities.
References In Text
Section 6943(b) of this title, referred to in subsecs. (a)(1), (3) and (g)(1), was redesignated section 6943(c) of this title by Pub. L. 98–616, title V, § 502(h),
Codification
Section 2(d)–(g) of Pub. L. 98–616, cited as a credit to this section, appears to contain typographical error in that the text of subsec. (f)(1) of section 2007 of the Solid Waste Disposal Act (as added by section 2(i) of Pub. L. 98–616) is also shown as the text of subsec. “(f)(1)” of such section 2. Subsec. (f) of section 2, as set out in the Conference Report (H. Rept. 98–1133) to accompany H.R. 2867 (which became Pub. L. 98–616) read:
Another section 5(b) of Pub. L. 96–463 amended section 6943 of this title.
Amendments
1984—Subsec. (a)(1). Pub. L. 98–616, § 2(d), authorized appropriation of $10,000,000 for each of fiscal years 1985 through 1988.
Subsec. (a)(2)(C). Pub. L. 98–616, § 2(e), authorized appropriation of $10,000,000 for each of fiscal years 1985 through 1988.
Subsec. (a)(2)(D). Pub. L. 98–616, § 2(k), added subpar. (D).
Subsec. (d)(2), (3). Pub. L. 98–616, § 502(d), redesignated second par. (2), relating to recovery of energy and materials from municipal waste, as par. (3).
Subsec. (f). Pub. L. 98–616, § 502(e), redesignated second subsec. (f), relating to assistance to municipalities for energy and materials conservation and recovery planning activities, as subsec. (g).
Subsec. (f)(4). Pub. L. 98–616, § 2(g), authorized appropriation of $5,000,000 for each of fiscal years 1985 through 1988.
Subsec. (g). Pub. L. 98–616, § 502(e), redesignated second subsec. (f), relating to assistance to municipalities for energy and materials conservation and recovery planning activities, as subsec. (g).
1980—Subsec. (a)(1). Pub. L. 96–482, § 31(c), authorized appropriations of $20,000,000, $15,000,000, and $20,000,000 for fiscal years, 1980, 1981, and 1982, respectively, and substituted provision making appropriation available for financial assistance to States, and local, regional, and interstate authorities for development and implementation of plans approved by the Administrator, except plans referred to in section 6943(b) of this title, relating to feasibility planning for municipal waste energy and materials conservation and recovery for provision making appropriations available to State for development and implementation of State plans.
Subsec. (a)(2)(B). Pub. L. 96–482, § 32(e)(1), provided that applicants for technical and financial assistance shall not preclude or foreclose consideration of programs for recovery of recyclable materials through source separation or other resource recovery techniques.
Subsec. (a)(2)(C). Pub. L. 96–482, § 31(d), authorized appropriation of $10,000,000 for each fiscal year 1980, 1981, and 1982.
Subsec. (a)(3). Pub. L. 96–482, § 32(e)(2), added par. (3).
Subsec. (d). Pub. L. 96–463, § 6, and Pub. L. 96–482, § 32(f), designated existing provisions as par. (1).
Subsec. (d)(2). Pub. L. 96–463, § 6, added par. (2) authorizing the Administrator to provide technical assistance to States to assist in the removal or modification of legal, institutional, economic, and other impediments to the recycling of used oil.
Pub. L. 96–482, § 32(f), added par. (2) authorizing the Administrator to provide technical assistance to States, municipalities, regional authorities, and intermunicipal agencies to assist in the removal or modification of legal, institutional, and economic impediments which have the effect of impeding the development of systems and facilities to recover energy and materials from municipal waste.
Subsec. (e)(1). Pub. L. 96–482, § 20(1)–(5), substituted in provision preceding cl. (A) “identify local governments” for “identify communities”, struck out cl. (A), which required the Administrator to identify populations of less than twenty-five thousand persons, redesignated cls. (B) and (C) as (A) and (B), respectively, in cl. (A) as so redesignated, substituted “a solid waste disposal facility (i) which is owned by the unit of local government, (ii) for which an order has been issued by the State to cease receiving solid waste for treatment, storage, or disposal, and (iii) which is subject to a State-approved end-use recreation plan” for “solid waste disposal facilities in which more than 75 per centum of the solid waste of is from areas outside the jurisdiction of the communities” in cl. (B) as so redesignated, substituted “which are located over an aquifer which is the source of drinking water for any person or public water system and which has” for “which have” and inserted “, including possible methane migration” after “such solid waste”.
Subsec. (e)(2). Pub. L. 96–482, § 20(6)–(8), substituted appropriations authorization of $2,500,000; $1,500,000; and $1,500,000 for fiscal years 1980, 1981, and 1982, for prior authorization of $2,500,000 for fiscal years 1978 and 1979, substituted provision for grants for “containment and stabilization of solid waste located at the disposal sites referred to in paragraph (1)” for such grants for “the conversion, improvement, or consolidation of existing solid waste disposal facilities, or for the construction of new solid waste disposal facilities, or for both, within communities identified under paragraph (1)”, and prohibited grants to units of local government when site exceeds 65 acres in size.
Subsec. (e)(3). Pub. L. 96–482, § 20(9), struck out par. (3) which required that grants to States be made only when the projects are consistent with applicable and approved State plan and will assist in carrying out such plan.
Subsec. (f). Pub. L. 96–463, § 5(b), added subsec. (f) relating to assistance to States for discretionary program for recycled oil.
Pub. L. 96–482, § 32(e)(3), added subsec. (f) relating to assistance to municipalities for energy and materials conservation and recovery planning activities.
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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.