---
kind: "section"
citation: "42 U.S.C. § 6986"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6986"
heading: "Grants for resource recovery systems and improved solid waste disposal facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6986"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter VIII — Research, Development, Demonstration, and Information"
---

# §6986. Grants for resource recovery systems and improved solid waste disposal facilities

- (a) **Authority—** The [Administrator](/usc/42/6903.md?p=1) is authorized to make grants pursuant to this section to any [State](/usc/42/6903.md?p=31), municipal, or interstate or [intermunicipal agency](/usc/42/6903.md?p=9) for the [demonstration](/usc/42/6903.md?p=2A) of [resource recovery systems](/usc/42/6903.md?p=23) or for the [construction](/usc/42/6903.md?p=2) of new or improved [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) facilities.
- (b) **Conditions—**
  - (1) Any grant under this section for the [demonstration](/usc/42/6903.md?p=2A) of a [resource recovery system](/usc/42/6903.md?p=23) 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](/usc/42/6907.md); (C) is designed to provide area-wide [resource recovery systems](/usc/42/6903.md?p=23) consistent with the purposes of this chapter, as determined by the [Administrator](/usc/42/6903.md?p=1), pursuant to regulations promulgated under [subsection (d)](#d) of this section; and (D) provides an equitable system for distributing the costs associated with [construction](/usc/42/6903.md?p=2), operation, and maintenance of any [resource recovery system](/usc/42/6903.md?p=23) among the users of such system.
  - (2) The Federal share for any [project](/usc/42/13641.md?p=2) to which [paragraph (1)](#b-1) applies shall not be more than 75 percent.
- (c) **Limitations—**
  - (1) A grant under this section for the [construction](/usc/42/6903.md?p=2) of a new or improved [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) facility may be made only if—
    - (A) a [State](/usc/42/6903.md?p=31) or interstate plan for [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) 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](/usc/42/6903.md?p=1) for the purposes of this chapter, and (iii) is consistent with the guidelines recommended under [section 6907 of this title](/usc/42/6907.md), and
    - (B) the [project](/usc/42/13641.md?p=2) advances the [state](/usc/42/6903.md?p=31) of the art by applying new and improved techniques in reducing the environmental impact of [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3), in achieving recovery of energy or resources, or in recycling useful materials.
  - (2) The Federal share for any [project](/usc/42/13641.md?p=2) to which [paragraph (1)](#c-1) applies shall be not more than 50 percent in the case of a [project](/usc/42/13641.md?p=2) serving an area which includes only one [municipality](/usc/42/6903.md?p=13), and not more than 75 percent in any other case.
- (d) **Regulations—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations establishing a procedure for awarding grants under this section which—
    - (A) provides that [projects](/usc/42/13641.md?p=2) 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](/usc/42/6903.md?p=1) (A) to the public benefits to be derived by the [construction](/usc/42/6903.md?p=2) and the propriety of Federal aid in making such grant; (B) to the extent applicable, to the economic and commercial viability of the [project](/usc/42/13641.md?p=2) (including contractual arrangements with the private sector to market any resources recovered); (C) to the potential of such [project](/usc/42/13641.md?p=2) for general application to community [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) 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](/usc/42/6903.md?p=2) costs, plus (B) in the case of a grant to which [subsection (b)(1)](#b-1) 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](/usc/42/6903.md?p=1) for proper and efficient operation and maintenance of the [project](/usc/42/13641.md?p=2) (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](/usc/42/6903.md?p=1) may require to properly carry out his functions pursuant to this chapter.

  For purposes of [paragraph (1)](#e-1), the non-Federal share may be in any form, including, but not limited to, lands or interests therein needed for the [project](/usc/42/13641.md?p=2) or personal property or services, the value of which shall be determined by the [Administrator](/usc/42/6903.md?p=1).

- (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](/usc/42/13641.md?p=2) in any one [State](/usc/42/6903.md?p=31).
  - (2) The [Administrator](/usc/42/6903.md?p=1) shall prescribe by regulation the manner in which this subsection shall apply to a grant under this section for a [project](/usc/42/13641.md?p=2) in an area which includes all or part of more than one [State](/usc/42/6903.md?p=31).

## Source credit

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

## Notes

### Editorial Notes

### 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.

### 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.