42 U.S.C. § 6977 — Grants or contracts for training projects

Page 7010 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6977 1 See References in Text note below. 1 See References in Text note below. leave to adduce additional evidence, and shows to the satisfaction of the court that the infor- mation is material and that there were rea- sonable grounds for the failure to adduce such evidence in the proceeding before the Adminis- trator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper; the Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evi- dence so taken, and he shall file with the court such modified or new findings and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence. (b) Review of certain actions under sections 6925 and 6926 of this title Review of the Administrator’s action (1) in issuing, denying, modifying, or revoking any permit under section 6925 of this title (or in modifying or revoking any permit which is deemed to have been issued under section 6935(d)(1) 1 of this title), or (2) in granting, deny- ing, or withdrawing authorization or interim au- thorization under section 6926 of this title, may be had by any interested person in the Circuit Court of Appeals of the United States for the Federal judicial district in which such person re- sides or transacts such business upon applica- tion by such person. Any such application shall be made within ninety days from the date of such issuance, denial, modification, revocation, grant, or withdrawal, or after such date only if such application is based solely on grounds which arose after such ninetieth day. Action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement. Such re- view shall be in accordance with sections 701 through 706 of title 5. (Pub. L. 89–272, title II, § 7006, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2827; amended Pub. L. 96–482, § 27, Oct. 21, 1980, 94 Stat. 2349; Pub. L. 98–616, title II, § 241(b)(1), title IV, § 403(d)(5), Nov. 8, 1984, 98 Stat. 3259, 3273.) Editorial Notes REFERENCES IN TEXT Section 6935(d)(1) of this title, referred to in subsec. (b), was in the original a reference to section 3012(d)(1) of Pub. L. 89–272, which was renumbered section 3014(d)(1) of Pub. L. 89–272 by Pub. L. 98–616 and is clas- sified to section 6935(d)(1) of this title. AMENDMENTS 1984—Pub. L. 98–616 inserted ‘‘(or in modifying or re- voking any permit which is deemed to have been issued under section 6935(d)(1) of this title)’’ and inserted ‘‘Ac- tion of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement.’’ 1980—Pub. L. 96–482, § 27(a), designated existing provi- sions as subsec. (a), in provision preceding par. (1), in- cluded judicial review of Administrator’s denial of any petition for promulgation, amendment, or repeal of any regulation in par. (1), included review of Administra- tor’s denial of any petition for promulgation, amend- ment, or repeal of any regulation, and substituted ‘‘District of Columbia, and’’ for ‘‘District of Columbia. Any’’, ‘‘date of such promulgation or denial’’ for ‘‘date of such promulgation’’, ‘‘petition for review is based’’ for ‘‘petition is based’’, and ‘‘; action’’ for ‘‘. Action’’, and in par. (2), substituted ‘‘proper; the’’ for ‘‘proper. The’’, and added subsec. (b). Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion 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. § 6977. Grants or contracts for training projects (a) General authority The Administrator is authorized to make grants to, and contracts with any eligible orga- nization. For purposes of this section the term ‘‘eligible organization’’ means a State or inter- state agency, a municipality, educational insti- tution, and any other organization which is ca- pable of effectively carrying out a project which may be funded by grant under subsection (b) of this section. (b) Purposes (1) Subject to the provisions of paragraph (2), grants or contracts may be made to pay all or a part of the costs, as may be determined by the Administrator, of any project operated or to be operated by an eligible organization, which is designed— (A) to develop, expand, or carry out a pro- gram (which may combine training, education, and employment) for training persons for oc- cupations involving the management, super- vision, design, operation, or maintenance of solid waste management and resource recov- ery equipment and facilities; or (B) to train instructors and supervisory per- sonnel to train or supervise persons in occupa- tions involving the design, operation, and maintenance of solid waste management and resource recovery equipment and facilities. (2) A grant or contract authorized by para- graph (1) of this subsection may be made only upon application to the Administrator at such time or times and containing such information as he may prescribe, except that no such appli- cation shall be approved unless it provides for the same procedures and reports (and access to such reports and to other records) as required by section 3254a(b)(4) and (5) 1 of this title (as in ef- fect before October 21, 1976) with respect to ap- plications made under such section (as in effect before October 21, 1976). (Pub. L. 89–272, title II, § 7007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2827; amended Pub. L. 95–609, § 7(r), Nov. 8, 1978, 92 Stat. 3083; Page 7011 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6979b Pub. L. 105–362, title V, § 501(f), Nov. 10, 1998, 112 Stat. 3284.) Editorial Notes REFERENCES IN TEXT Section 3254a(b)(4) and (5) of this title, referred to in subsec. (b)(2), was in the original ‘‘section 207(b)(4) and (5)’’, meaning section 207(b)(4) and (5) of the Solid Waste Disposal Act, which was omitted in the general revision of the Solid Waste Disposal Act by Pub. L. 94–580 on Oct. 21, 1976. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3254d of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. AMENDMENTS 1998—Subsec. (c). Pub. L. 105–362 struck out heading and text of subsec. (c) which related to Administrator’s study and report on State and local training needs and obstacles to employment and occupational advance- ment in solid waste management and resource recovery field. 1978—Subsec. (b)(1). Pub. L. 95–609, § 7(r)(1), (2), sub- stituted ‘‘management’’ for ‘‘disposal’’ in two places, and ‘‘resource’’ for ‘‘resources’’. Subsec. (c)(3). Pub. L. 95–609, § 7(r)(3), substituted ‘‘management’’ for ‘‘disposal’’. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion 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. § 6978. Payments (a) General rule Payments of grants under this chapter may be made (after necessary adjustment on account of previously made underpayments or overpay- ments) in advance or by way of reimbursement, and in such installments and on such conditions as the Administrator may determine. (b) Prohibition No grant may be made under this chapter to any private profitmaking organization. (Pub. L. 89–272, title II, § 7008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2828.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3258 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 Ad- ministrator or other official of Environmental Protec- tion 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. § 6979. Labor standards No grant for a project of construction under this chapter shall be made unless the Adminis- trator finds that the application contains or is supported by reasonable assurance that all la- borers and mechanics employed by contractors or subcontractors on projects of the type cov- ered by sections 3141–3144, 3146, and 3147 of title 40, will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in ac- cordance with those sections; and the Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 3145 of title 40. (Pub. L. 89–272, title II, § 7009, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2828; amended Pub. L. 96–482, § 28, Oct. 21, 1980, 94 Stat. 2349.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Govern- ment Organization and Employees. CODIFICATION In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)’’, ‘‘those sections’’ substituted for ‘‘that Act’’, and ‘‘section 3145 of title 40’’ substituted for ‘‘section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3256 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. AMENDMENTS 1980—Pub. L. 96–482 substituted ‘‘Administrator’’ for ‘‘Secretary’’. § 6979a. Transferred Editorial Notes CODIFICATION Section, Pub. L. 89–272, title II, § 7010, as added Pub. L. 98–616, title IV, § 405(a), Nov. 8, 1984, 98 Stat. 3273; Pub. L. 99–339, title II, § 201(c)(1), June 19, 1986, 100 Stat. 654, relating to interim control of hazardous waste in- jection, was renumbered section 3020 of Pub. L. 89–272 by Pub. L. 99–339, title II, § 201(c)(2), June 19, 1986, 100 Stat. 654, and transferred to section 6939b of this title. § 6979b. Law enforcement authority The Attorney General of the United States shall, at the request of the Administrator and on the basis of a showing of need, deputize qualified employees of the Environmental Protection Agency to serve as special deputy United States