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42 U.S.C. § 6371f — Applications for financial assistance

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6371f — Applications for financial assistance

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Source file: Laws/federal/codes/united-states-code/title-42/section-6371f-applications-for-financial-assistance--38a7a29ee9.md
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Source location: Title 42, Chapter 77, § 6371f; chapter-077-energy-conservation.md

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**(a) Limitation on number of applications by States, schools, and hospitals; submittal to State energy agency** Applications of States, schools, and hospitals for financial assistance under this part for energy conservation projects shall be made not more than once for any fiscal year. Schools and hospitals applying for such financial assistance shall submit their applications to the State energy agency and the State energy agency shall make a single submittal to the Secretary, containing all applications which comply with the State plan. **(b) Required information** Applications for financial assistance under this part for energy conservation projects shall contain, or shall be accompanied by, such information as the Secretary may reasonably require, including the results of energy audits which comply with guidelines under this part. The annual submittal to the Secretary by the State energy agency under subsection (a) shall include a listing and description of energy conservation projects proposed to be funded within the State during the fiscal year for which such application is made, and such information concerning expected expenditures as the Secretary may, by rule, require. **(c) Conditions for financial assistance; applications consistent with related State programs and health plans** (1) The Secretary may not provide financial assistance to States, schools, or hospitals for energy conservation projects unless the application for a grant for such project is submitted through, or approved by the appropriate State hospital facilities agency or State school facilities agency, respectively, and determined by the State energy agency to comply with the State plan. (2) Applications of States, schools, and hospitals and State plans pursuant to this part shall be consistent with— (A) related State programs for educational facilities in such State, and (B) State health plans under section 300m–3(c)(2) 11 See References in Text note below. and 300o–2 1 of this title, and shall be coordinated through the review mechanisms required under section 300m–2 1 of this title and [section 1320a–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a-1&num=0&edition=prelim). **(d) Compliance required for approval; reasons for disapproval; resubmittal; amendment** The Secretary shall approve such applications submitted by a State energy agency as he determines to be in compliance with this section and with the requirements of the applicable State plan approved under [section 6371c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371c&num=0&edition=prelim). The Secretary shall state the reasons for his disapproval in the case of any application which he disapproves. Any application not approved by the Secretary may be resubmitted by the applicant at any time in the same manner as the original application and the Secretary shall approve such resubmitted application as he determines to be in compliance with this section and the requirements of the State plan. Amendments of an application shall, except as the Secretary may otherwise provide, be subject to approval in the same manner as the original application. All or any portion of an application under this section may be disapproved to the extent that funds are not available under this part to carry out such application or portion. **(e) Suspension of further assistance for failure to comply** Whenever the Secretary, after reasonable notice and opportunity for hearing to any State, school, or hospital receiving assistance under this part, finds that there has been a failure to comply substantially with the provisions set forth in the application approved under this section, the Secretary shall notify the State, school, or hospital that further assistance will not be made available to such State, school or hospital under this part until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied no further assistance shall be made to such State, school, or hospital under this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6371c — Guidelines

**(a) Energy audits** The Secretary shall, by rule, not later than 60 days after November 9, 1978— (1) prescribe guidelines for the conduct of preliminary energy audits, including a description of the type, number, and distribution of preliminary energy audits of school and hospital facilities that will provide a reasonably accurate evaluation of the energy conservation needs of all such facilities in each State, and (2) prescribe guidelines for the conduct of energy audits. **(b) State plans for implementation of energy conservation projects in schools and hospitals** The Secretary shall, by rule, not later than 90 days after November 9, 1978, prescribe guidelines for State plans for the implementation of energy conservation projects in schools and hospitals. The guidelines shall include— (1) a description of the factors which the State energy agency may consider in determining which energy conservation projects will be given priority in making grants pursuant to this part, including such factors as cost, energy consumption, energy savings, and energy conservation goals, (2) a description of the suggested criteria to be used in establishing a State program to identify persons qualified to implement energy conservation projects, and (3) a description of the types of energy conservation measures deemed appropriate for each region of the Nation. **(c) Revisions** Guidelines prescribed under this section may be revised from time to time after notice and opportunity for comment. **(d) Determination of severe hardship class for schools and hospitals** The Secretary shall, by rule prescribe criteria for determining schools and hospitals which are in a class of severe hardship. Such criteria shall take into account climate, fuel costs, fuel availability, ability to pro

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6371c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6371h–1 — Allocation of grants

**(a) Section 6371e grants** (1) Except as otherwise provided in subsection (b), the Secretary shall allocate 90 percent of the amounts made available under section 6371f(b) 11 See References in Text note below. of this title in any year for purposes of making energy conservation project grants pursuant to [section 6371e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371e&num=0&edition=prelim) as follows: (A) Eighty percent of amounts made available under section 6371f(b) 1 of this title shall be allocated among the States in accordance with a formula to be prescribed, by rule, by the Secretary, taking into account population and climate of each State, and such other factors as the Secretary may deem appropriate. (B) Ten percent of amounts made available under section 6371f(b) 1 of this title shall be allocated among the States in such manner as the Secretary determines by rule after taking into account the availability and cost of fuel or other energy used in, and the amount of fuel or other energy consumed by, schools and hospitals in the States, and such other factors as he deems appropriate. (2) The Secretary shall allocate 10 percent of the amounts made available under section 6371f(b) 1 of this title in any year for purposes of making grants as provided under [section 6371e(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371e/b/2&num=0&edition=prelim) in excess of the 50 percent limitation contained in [section 6371e(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371e/b/1&num=0&edition=prelim). (3) In the case of any State which received for any fiscal year an amount which exceeded 50 percent of the cost of any

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6371h–1

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6371f — Authorization of appropriations

Page 6807 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371g 1 See References in Text note below. Editorial Notes AMENDMENTS 1990—Subsec. (b)(1). Pub. L. 101–440, § 6(a), inserted at end ‘‘The non-Federal share of the costs of any such en- ergy conservation project may be provided by using programs of innovative financing for energy conserva- tion projects (including, but not limited to, loan pro- grams and performance contracting), even if, pursuant to such financing, clear title to the equipment does not pass to the school or hospital until after the grant is completed.’’ Subsec. (d). Pub. L. 101–440, § 6(d), designated existing provisions as par. (1) and added par. (2). Subsec. (e). Pub. L. 101–440, § 6(c), struck out subsec. (e) which prohibited funds for buildings used prin- cipally for administration. § 6371f. Authorization of appropriations For the purpose of carrying out this part, there are authorized to be appropriated for fiscal years 1999 through 2003 such sums as may be necessary. (Pub. L. 94–163, title III, § 397, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3246; amended Pub. L. 101–440, § 8(b), Oct. 18, 1990, 104 Stat. 1015; Pub. L. 105–388, § 2(b), Nov. 13, 1998, 112 Stat. 3477.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–388 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 1999 through 2003 for provisions authorizing appropriations for fiscal years 1991 through 1993. 1990—Pub. L. 101–440 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 1991 through 1993 for provisions authorizing appropriations for fiscal years ending Sept. 30, 1978, Sept. 30, 1979, and Sept. 30, 1980. § 6371g. Allocation of grants (a) S

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6371f

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