42 U.S.C. § 6964
Section 6964 · Applicability of solid waste disposal guidelines to Executive agencies
Amended 4 times on record
Applied in 4 court decisions — leading case Blue Legs v. United States Bureau of Indian Affairs (1989)
Most recently applied in 732 F. Supp. 81 - Blue Legs v. United States Environmental Protection Agency (February 1990)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) If—
(A) an Executive agency (as defined in section 105 of title 5) or any unit of the legislative branch of the Federal Government has jurisdiction over any real property or facility the operation or administration of which involves such agency in solid waste management activities, or
(B) such an agency enters into a contract with any person for the operation by such person of any Federal property or facility, and the performance of such contract involves such person in solid waste management activities,
then such agency shall insure compliance with the guidelines recommended under section 6907 of this title and the purposes of this chapter in the operation or administration of such property or facility, or the performance of such contract, as the case may be.
(2) Each Executive agency or any unit of the legislative branch of the Federal Government which conducts any activity—
(A) which generates solid waste, and
(B) which, if conducted by a person other than such agency, would require a permit or license from such agency in order to dispose of such solid waste,
shall insure compliance with such guidelines and the purposes of this chapter in conducting such activity.
(3) Each Executive agency which permits the use of Federal property for purposes of disposal of solid waste shall insure compliance with such guidelines and the purposes of this chapter in the disposal of such waste.
(4) The President or the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate with regard to any unit of the legislative branch of the Federal Government shall prescribe regulations to carry out this subsection.
Each Executive agency which issues any license or permit for disposal of solid waste shall, prior to the issuance of such license or permit, consult with the Administrator to insure compliance with guidelines recommended under section 6907 of this title and the purposes of this chapter.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
Provisions similar to those in this section were contained in section 3254e of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580.
Amendments
1996—Subsec. (a)(4). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
1980—Subsec. (a)(1)(A). Pub. L. 96–482, §23(1), inserted reference to any unit of the legislative branch of the Federal Government.
Subsec. (a)(2). Pub. L. 96–482, §23(2), required any unit of the legislative branch of the Federal Government to insure compliance with solid waste disposal guidelines.
Subsec. (a)(4). Pub. L. 96–482, §23(3), required House Committee on House Administration and Senate Committee on Rules and Administration with regard to any unit of the legislative branch of the Federal Government to prescribe implementing regulations.
1978—Subsec. (a)(1). Pub. L. 95–609, §7(o)(1), (2), substituted “management” for “disposal” in two places.
Subsec. (b). Pub. L. 95–609, §7(o)(3), substituted “Administrator” for “Secretary”.
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.