---
kind: "section"
citation: "42 U.S.C. § 6948"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6948"
heading: "Federal assistance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6948"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter IV — State or Regional Solid Waste Plans"
---

# §6948. Federal assistance

- (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](/usc/42/6903.md?p=31) and local, regional, and interstate authorities for the development and [implementation](/usc/42/6903.md?p=8) of plans approved by the [Administrator](/usc/42/6903.md?p=1) under this subchapter (other than the provisions of such plans referred to in [section 6943(b)](/usc/42/6943.md?p=b)[^1] of this title, relating to feasibility planning for municipal waste energy and materials conservation and recovery).
  - (2)
    - (A) The [Administrator](/usc/42/6903.md?p=1) is authorized to provide financial assistance to [States](/usc/42/6903.md?p=31), counties, [municipalities](/usc/42/6903.md?p=13), and [intermunicipal agencies](/usc/42/6903.md?p=9) and [State](/usc/42/6903.md?p=31) and local public [solid waste management](/usc/42/6903.md?p=28) authorities for [implementation](/usc/42/6903.md?p=8) of programs to provide [solid waste management](/usc/42/6903.md?p=28), [resource recovery](/usc/42/6903.md?p=22), and [resource conservation](/usc/42/6903.md?p=21) services and [hazardous waste management](/usc/42/6903.md?p=7). Such assistance shall include assistance for facility planning and feasibility studies; expert consultation; surveys and analyses of market needs; marketing of [recovered resources](/usc/42/6903.md?p=20); technology assessments; legal expenses; [construction](/usc/42/6903.md?p=2) feasibility studies; source separation [projects](/usc/42/13641.md?p=2); and fiscal or economic investigations or studies; but such assistance shall not include any other element of [construction](/usc/42/6903.md?p=2), or any acquisition of land or interest in land, or any subsidy for the price of [recovered resources](/usc/42/6903.md?p=20). [Agencies](/usc/42/8262.md?p=1) assisted under this subsection shall consider existing [solid waste management](/usc/42/6903.md?p=28) and [hazardous waste management](/usc/42/6903.md?p=7) services and facilities as well as facilities proposed for [construction](/usc/42/6903.md?p=2).
    - (B) An applicant for financial assistance under this paragraph must agree to comply with respect to the [project](/usc/42/13641.md?p=2) or program assisted with the applicable requirements of [section 6945 of this title](/usc/42/6945.md) and subchapter III of this chapter and apply applicable [solid waste management](/usc/42/6903.md?p=28) [practices](/usc/42/17061.md?p=19), methods, and levels of control consistent with any guidelines published pursuant to [section 6907 of this title](/usc/42/6907.md). Assistance under this paragraph shall be available only for programs certified by the [State](/usc/42/6903.md?p=31) to be consistent with any applicable [State](/usc/42/6903.md?p=31) or areawide [solid waste management](/usc/42/6903.md?p=28) plan or program. Applicants for technical and financial assistance under this section shall not preclude or foreclose consideration of programs for the recovery of recyclable materials through source separation or other [resource recovery](/usc/42/6903.md?p=22) techniques.
    - (C) There are authorized to be appropriated $15,000,000 for each of the fiscal years 1978 and 1979 for purposes of this section. There are authorized to be appropriated $10,000,000 for fiscal year 1980, $10,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for purposes of this paragraph.
    - (D) There are authorized—
      - (i) to be made available $15,000,000 out of funds appropriated for fiscal year 1985, and
      - (ii) to be appropriated for each of the fiscal years 1986 though[^2] 1988, $20,000,000[^3]

      for grants to [States](/usc/42/6903.md?p=31) (and where appropriate to regional, local, and [interstate agencies](/usc/42/6903.md?p=10)) to implement programs requiring compliance by [solid waste management facilities](/usc/42/6903.md?p=29) with the criteria promulgated under [section 6944(a) of this title](/usc/42/6944.md?p=a) and [section 6907(a)(3) of this title](/usc/42/6907.md?p=a-3) and with the provisions of [section 6945 of this title](/usc/42/6945.md). To the extent practicable, such programs shall require such compliance not later than thirty-six months after November 8, 1984.

  - (3)
    - (A) There is authorized to be appropriated for the fiscal year beginning October 1, 1981, and for each fiscal year thereafter before October 1, 1986, $4,000,000 for purposes of making grants to [States](/usc/42/6903.md?p=31) to carry out [section 6943(b)](/usc/42/6943.md?p=b)[^1] of this title. No amount may be appropriated for such purposes for the fiscal year beginning on October 1, 1986, or for any fiscal year thereafter.
    - (B) Assistance provided by the [Administrator](/usc/42/6903.md?p=1) under this paragraph shall be used only for the purposes specified in [section 6943(b)](/usc/42/6943.md?p=b)[^1] of this title. Such assistance may not be used for purposes of land acquisition, final facility design, equipment purchase, [construction](/usc/42/6903.md?p=2), startup or operation activities.
    - (C) Where appropriate, any [State](/usc/42/6903.md?p=31) receiving assistance under this paragraph may make all or any part of such assistance available to [municipalities](/usc/42/6903.md?p=13) within the [State](/usc/42/6903.md?p=31) to carry out the activities specified in [section 6943(b)(1)(A)](/usc/42/6943.md) and (B)[^1] of this title.
- (b) **State allotment—** The sums appropriated in any fiscal year under [subsection (a)(1)](#a-1) shall be allotted by the [Administrator](/usc/42/6903.md?p=1) among all [States](/usc/42/6903.md?p=31), in the ratio that the population in each [State](/usc/42/6903.md?p=31) bears to the population in all of the [States](/usc/42/6903.md?p=31), except that no [State](/usc/42/6903.md?p=31) shall receive less than one-half of 1 per centum of the sums so allotted in any fiscal year. No [State](/usc/42/6903.md?p=31) shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for other than non-recurrent expenditures for [solid waste management](/usc/42/6903.md?p=28) control programs will be less than its expenditures were for such programs during fiscal year 1975, except that such funds may be reduced by an amount equal to their proportionate share of any general reduction of [State](/usc/42/6903.md?p=31) spending ordered by the Governor or legislature of such [State](/usc/42/6903.md?p=31). No [State](/usc/42/6903.md?p=31) shall receive any grant for [solid waste management](/usc/42/6903.md?p=28) programs unless the [Administrator](/usc/42/6903.md?p=1) is satisfied that such grant will be so used as to supplement and, to the extent practicable, increase the level of [State](/usc/42/6903.md?p=31), local, regional, or other non-Federal funds that would in the absence of such grant be made available for the maintenance of such programs.
- (c) **Distribution of Federal financial assistance within the State—** The Federal assistance allotted to the [States](/usc/42/6903.md?p=31) under [subsection (b)](#b) shall be allocated by the [State](/usc/42/6903.md?p=31) receiving such funds to [State](/usc/42/6903.md?p=31), local, regional, and interstate authorities carrying out planning and [implementation](/usc/42/6903.md?p=8) of the [State](/usc/42/6903.md?p=31) plan. Such [allocation](/usc/42/2021b.md?p=2) shall be based upon the responsibilities of the respective parties as determined pursuant to [section 6946(b) of this title](/usc/42/6946.md?p=b).
- (d) **Technical assistance—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) may provide technical assistance to [State](/usc/42/6903.md?p=31) and local governments for purposes of developing and implementing [State](/usc/42/6903.md?p=31) plans. Technical assistance respecting [resource recovery](/usc/42/6903.md?p=22) and conservation may be provided through [resource recovery](/usc/42/6903.md?p=22) and conservation panels, established in the Environmental Protection [Agency](/usc/42/8262.md?p=1) under subchapter II, to assist the [State](/usc/42/6903.md?p=31) and local governments with respect to particular [resource recovery](/usc/42/6903.md?p=22) and conservation [projects](/usc/42/13641.md?p=2) under consideration and to evaluate their effect on the [State](/usc/42/6903.md?p=31) plan.
  - (2) In carrying out this subsection, the [Administrator](/usc/42/6903.md?p=1) may, upon request, provide technical assistance to [States](/usc/42/6903.md?p=31) to assist in the removal or modification of legal, institutional, economic, and other impediments to the recycling of [used oil](/usc/42/6903.md?p=36). Such impediments may include laws, regulations, and policies, including [State](/usc/42/6903.md?p=31) procurement policies, which are not favorable to the recycling of [used oil](/usc/42/6903.md?p=36).
  - (3) In carrying out this subsection, the [Administrator](/usc/42/6903.md?p=1) is authorized to provide technical assistance to [States](/usc/42/6903.md?p=31), [municipalities](/usc/42/6903.md?p=13), [regional authorities](/usc/42/6903.md?p=25), and [intermunicipal agencies](/usc/42/6903.md?p=9) upon request, 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 recovery energy and materials from municipal waste or to conserve energy or materials which contribute to the waste stream. Such impediments may include—
    - (A) laws, regulations, and policies, including [State](/usc/42/6903.md?p=31) and local procurement policies, which are not favorable to [resource conservation](/usc/42/6903.md?p=21) and recovery policies, systems, and facilities;
    - (B) impediments to the financing of facilities to conserve or recover energy and materials from municipal waste through the exercise of [State](/usc/42/6903.md?p=31) and local authority to issue revenue bonds and the use of [State](/usc/42/6903.md?p=31) and local credit assistance; and
    - (C) impediments to institutional arrangements necessary to undertake [projects](/usc/42/13641.md?p=2) for the conservation or recovery of energy and materials from municipal waste, including the creation of special districts, authorities, or [corporations](/usc/42/2297h.md?p=2) where necessary having the power to secure the supply of waste of a [project](/usc/42/13641.md?p=2), to conserve resources, to implement the [project](/usc/42/13641.md?p=2), and to undertake related activities.
- (e) **Special communities—**
  - (1) The [Administrator](/usc/42/6903.md?p=1), in cooperation with [State](/usc/42/6903.md?p=31) and local officials, shall identify local governments within the United States (A) having a [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) facility (i) which is owned by the unit of local government, (ii) for which an order has been issued by the [State](/usc/42/6903.md?p=31) to cease receiving [solid waste](/usc/42/6903.md?p=27) for [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3), and (iii) which is subject to a [State](/usc/42/6903.md?p=31)-approved end-use recreation plan, and (B) which are located over an aquifer which is the source of drinking water for any [person](/usc/42/6903.md?p=15) or public water system and which has serious environmental problems resulting from the [disposal](/usc/42/6903.md?p=3) of such [solid waste](/usc/42/6903.md?p=27), including possible methane migration.
  - (2) There is authorized to be appropriated to the [Administrator](/usc/42/6903.md?p=1) $2,500,000 for the fiscal year 1980 and $1,500,000 for each of the fiscal years 1981 and 1982 to make grants to be used for containment and stabilization of [solid waste](/usc/42/6903.md?p=27) located at the [disposal](/usc/42/6903.md?p=3) sites referred to in [paragraph (1)](#e-1). Not more than one community in any [State](/usc/42/6903.md?p=31) shall be eligible for grants under this paragraph and not more than one [project](/usc/42/13641.md?p=2) in any [State](/usc/42/6903.md?p=31) shall be eligible for such grants. No unit of local government shall be eligible for grants under this paragraph with respect to any site which exceeds 65 acres in size.
- (f) **Assistance to States for discretionary program for recycled oil—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) may make grants to [States](/usc/42/6903.md?p=31), which have a [State](/usc/42/6903.md?p=31) plan approved under [section 6947 of this title](/usc/42/6947.md), or which have submitted a [State](/usc/42/6903.md?p=31) plan for approval under such section, if such plan includes the discretionary provisions described in [section 6943(b) of this title](/usc/42/6943.md?p=b). Grants under this subsection shall be for purposes of assisting the [State](/usc/42/6903.md?p=31) in carrying out such discretionary provisions. No grant under this subsection may be used for [construction](/usc/42/6903.md?p=2) or for the acquisition of land or equipment.
  - (2) Grants under this subsection shall be allotted among the [States](/usc/42/6903.md?p=31) in the same manner as provided in the first sentence of [subsection (b)](#b).
  - (3) No grant may be made under this subsection unless an application therefor is submitted to, and approved by, the [Administrator](/usc/42/6903.md?p=1). The application shall be in such form, be submitted in such manner, and contain such information as the [Administrator](/usc/42/6903.md?p=1) may require.
  - (4) For purposes of making grants under this subsection, there are authorized to be appropriated $5,000,000 for fiscal year 1982, $5,000,000 for fiscal year 1983, and $5,000,000 for each of the fiscal years 1985 through 1988.
- (g) **Assistance to municipalities for energy and materials conservation and recovery planning activities—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) is authorized to make grants to [municipalities](/usc/42/6903.md?p=13), [regional authorities](/usc/42/6903.md?p=25), and [intermunicipal agencies](/usc/42/6903.md?p=9) to carry out activities described in subparagraphs [(A)](/usc/42/6943.md) and [(B)](/usc/42/6943.md) of section 6943(b)(1)[^1] of this title. Such grants may be made only pursuant to an application submitted to the [Administrator](/usc/42/6903.md?p=1) by the [municipality](/usc/42/6903.md?p=13) which application has been approved by the [State](/usc/42/6903.md?p=31) and determined by the [State](/usc/42/6903.md?p=31) to be consistent with any [State](/usc/42/6903.md?p=31) plan approved or submitted under this subchapter or any other appropriate planning carried out by the [State](/usc/42/6903.md?p=31).
  - (2) There is authorized to be appropriated for the fiscal year beginning October 1, 1981, and for each fiscal year thereafter before October 1, 1986, $8,000,000 for purposes of making grants to [municipalities](/usc/42/6903.md?p=13) under this subsection. No amount may be appropriated for such purposes for the fiscal year beginning on October 1, 1986, or for any fiscal year thereafter.
  - (3) Assistance provided by the [Administrator](/usc/42/6903.md?p=1) under this subsection shall be used only for the purposes specified in [paragraph (1)](#g-1). Such assistance may not be used for purposes of land acquisition, final facility design, equipment purchase, [construction](/usc/42/6903.md?p=2), startup or operation activities.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. Probably should be “through”.
[^3]: So in original. Probably should be followed by a comma.

## Source credit

(Pub. L. 89–272, title II, § 4008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2818; amended Pub. L. 96–463, §§ 5(b), 6, Oct. 15, 1980, 94 Stat. 2057; Pub. L. 96–482, §§ 20, 31(c), (d), 32(e), (f), Oct. 21, 1980, 94 Stat. 2345, 2352, 2354, 2355; Pub. L. 98–616, § 2(d)–(g), (k), title V, § 502(d), (e), Nov. 8, 1984, 98 Stat. 3222, 3223, 3276.)

## Notes

### Editorial Notes

### 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), Nov. 8, 1984, 98 Stat. 3277.

### 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: Section 4008(e)(2) of the Solid Waste Disposal Act (relating to special communities) is amended by striking out ‘and $1,500,000 for each of the fiscal years 1981 and 1982’ and substituting ‘, $1,500,000 for each of the fiscal years 1981 and 1982, and $500,000 for each of the fiscal years 1985 through 1988’.”

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.

### Executive Documents

### 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.