42 U.S.C. § 8401 — Assistance to areas impacted by increased

Page 7601 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8401 (e) Delegation of authority prohibited The authority of the President to issue any order under this section may not be delegated. This subsection shall not be construed to pre- vent the President from directing any Federal agency to issue rules or regulations or take such other action, consistent with this section, in the implementation of such order. (f) Publication and reports to Congress of orders Any order issued under this section shall be published in the Federal Register. To the great- est extent practicable, the President shall, be- fore issuing any order under this section, but in no event later than 5 days after issuing such order, report to the Congress of his intention to issue such order and state his reasons therefor. (Pub. L. 95–620, title IV, § 404, Nov. 9, 1978, 92 Stat. 3319; Pub. L. 100–42, § 1(c)(15), May 21, 1987, 101 Stat. 313.) Editorial Notes REFERENCES IN TEXT Section 7410(d) of this title, referred to in subsec. (b), was repealed by Pub. L. 101–549, title I, § 101(d)(4), Nov. 15, 1990, 104 Stat. 2409. This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Indus- trial Fuel Use Act of 1978, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables. Subchapter II (§ 1621 et seq.) of chapter 34 of title 50, referred to in subsec. (d)(4), was in the original ‘‘title II of the Act of September 14, 1976 (Public Law 94–412)’’, which is known as the National Emergencies Act. AMENDMENTS 1987—Subsec. (g). Pub. L. 100–42 struck out subsec. (g) which permitted use of natural gas or petroleum as pri- mary energy source in peakload powerplant or major fuel-burning installation during temporary emergency condition (other than emergency conditions provided for under section 8302(a)(15) of this title). § 8375. Repealed. Pub. L. 100–42, § 1(a)(5), May 21, 1987, 101 Stat. 310 Section, Pub. L. 95–620, title IV, § 405, Nov. 9, 1978, 92 Stat. 3320, prohibited increased use of petroleum as pri- mary energy source in existing electric powerplants which, during calendar year 1977, used coal or another alternate fuel as primary energy source, unless permit authorizing such increased use had been issued by Sec- retary. SUBCHAPTER V—SYSTEM COMPLIANCE OPTION § 8391. Repealed. Pub. L. 100–42, § 1(a)(6), May 21, 1987, 101 Stat. 310 Section, Pub. L. 95–620, title V, § 501, Nov. 9, 1978, 92 Stat. 3321, mandated that existing electric powerplants owned or operated by an electric utility be considered in compliance with prohibitions under subchapter III of this chapter relating to use of natural gas if there is in effect an approved plan of system compliance for such utility, and set forth requirements for approval of such plan. SUBCHAPTER VI—FINANCIAL ASSISTANCE § 8401. Assistance to areas impacted by increased coal or uranium production (a) Designation of impacted areas (1) In accordance with such criteria and guide- lines as the Secretary of Agriculture shall, by rule, prescribe, the Governor of any State may designate any area within such State for the purposes of this section, if he finds that— (A) either (i) employment in coal or uranium production development activities in such area has increased for the most recent cal- endar year by 8 percent or more from the im- mediately preceding year or (ii) employment in such activities will increase 8 percent or more per year during each of the 3 calendar years beginning after the date of such finding; (B) such employment increase has required or will require substantial increases in hous- ing or public facilities and services or a com- bination of both in such area; and (C) the State and the local government or governments serving such area lack the finan- cial and other resources to meet any such in- creases in public facilities and services within a reasonable time. The Secretary of Agriculture shall prescribe a rule containing criteria and guidelines for mak- ing a designation under this subsection, after consultation with the Secretary of Labor and the Secretary of Energy, not later than 180 days after the effective date of this chapter. (2) For purposes of paragraph (1)(C), increased revenues, including severance tax revenues, roy- alties, and similar fees to the State and local governments which are associated with the in- crease in coal or uranium development activi- ties and which are not prohibited from being used under provisions of law in effect on Novem- ber 9, 1978, shall be taken into account in deter- mining if a State or local government lacks fi- nancial resources. (3) The Secretary shall, after consultation with the Secretary of Agriculture, approve any designation of an area under paragraph (1) only if— (A) the Governor of the State making the designation provides the Secretary in writing with the data and information on which such designation was made, together with such ad- ditional information as the Secretary may re- quire to carry out the purposes of this section; and (B) the Secretary determines that the re- quirements of subparagraphs (A), (B), and (C) of paragraph (1) have been met. (b) Planning grants (1) The Secretary of Agriculture may make a grant to any State in which there is an area des- ignated and approved under subsection (a) for the purposes of developing a plan for such area which shall include determinations of— (A) the anticipated level of coal or uranium production activities in such area; (B) the socio-economic impacts which have occurred or which are reasonably projected to occur as a result of the increase in coal or ura- nium production activities; Page 7602 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8401 1 See References in Text note below. (C) the availability and location of resources within such area to meet the increased needs resulting from socio-economic impacts deter- mined under subparagraph (B) (such as any in- creased need for housing, or public facilities and services); and (D) the nature and expense of measures nec- essary to meet within a reasonable time the increased needs resulting from such impact for which there are no resources reasonably avail- able other than under this section. (2)(A) Any grant for developing a plan under this subsection shall be for an amount equal to 100 percent of the costs of such plan, as deter- mined by the Secretary of Agriculture. (B) The aggregate amount granted under this subsection in any fiscal year may not exceed 10 percent of the total amount appropriated for purposes of this section for such year. (3) The Governor of a State receiving a grant under this subsection for developing a plan shall submit a copy of such plan to the Secretary of Agriculture as soon as practicable after it has been prepared. (c) Land acquisition and development grants (1) In the case of any real property— (A) within an area for which a plan meeting the requirements of subsection (b)(1) has been approved; (B) which is for housing or public facilities determined in such plan as necessary due to an increase in employment due to coal or ura- nium development activities; (C) with respect to which the Secretary of Agriculture has determined that the State and the local governments serving such area do not have the financial resources to acquire or the legal authority to acquire by condemna- tion; and (D) with respect to which there has been an approval in writing by the Governor of such State that the Secretary of Agriculture exer- cise his authority under this paragraph; the Secretary of Agriculture may acquire such real property or interest therein, by purchase, donation, lease, or exchange. Property so ac- quired shall be transferred to the State under such terms and conditions as the Secretary of Agriculture deems appropriate. Such terms and conditions shall provide for the reimbursement to the Secretary of Agriculture for the fair mar- ket value of the property, as determined by the Secretary of Agriculture. The value of any im- provement of such property made after such ac- quisition shall not be taken into account in de- termining the fair market value of such prop- erty under this subsection. Amounts so received by the Secretary of Agriculture shall be depos- ited in the Treasury of the United States as mis- cellaneous receipts. (2) Any approval by a Governor of a State under paragraph (1)(D) shall constitute a bind- ing commitment of such State to accept the property to be acquired and to provide reim- bursement for the amount of the fair market value of such property, as determined under paragraph (1). (3) The Secretary of Agriculture may acquire property under paragraph (1) by condemnation only if he finds that— (A) such property is not available by means other than condemnation at a price which does not substantially exceed the fair market value of such property; (B) other real property is not similarly available which is within the same designated area and which is suitable for the purposes to which the property involved is to be applied; and (C) the State and the local governments serving such area lack the legal authority to acquire such property by condemnation. (4)(A) In the case of any real property which meets the requirements of subparagraphs (A), (B), and (C) of paragraph (1), the Secretary of Agriculture may make a grant to the State in which such property is located for the purposes of acquiring such property, and for any site de- velopment which is consistent with the plan de- veloped under subsection (b). (B) In the case of property acquired by the Secretary of Agriculture under paragraph (1) and transferred to the State, the Secretary of Agriculture may make a grant to such unit of government for the purposes of site development which is consistent with such plan. (C) Grants for real property acquisition or site development or both under this paragraph may not exceed 75 percent of the costs thereof, as de- termined by the Secretary of Agriculture. (5) In the selection of real property for acquisi- tion and in such acquisition under this sub- section, preference shall be given to real prop- erty which the Secretary of Agriculture deter- mines at such time to be unoccupied or pre- viously mined and abandoned. (6)(A) Property held by the United States in trust for Indians or any Indian tribe may not be acquired by condemnation under this section. (B) No property within the National Forest System (as defined in section 1609 1 of title 16) may be exchanged by the Secretary in any ac- quisition under paragraph (1). (d) General requirements regarding assistance (1) Assistance under this section shall be pro- vided only upon application, which application shall contain such information as the Secretary of Agriculture shall prescribe. (2) The Secretary of Agriculture may make any grant under this section in whole or in part to the local government or governments serving an area designated and approved under sub- section (a), or to a council of local governments which includes one or more local governments serving such area (in lieu of making such grant solely to the State), if he has determined, after consultation with the Governor of the State, that to do so would be appropriate. (3) The Secretary of Agriculture shall pre- scribe, by rule, criteria for the allocation of as- sistance under this section. Such criteria shall give due weight to the magnitude of the employ- ment increase involved, the financial resources of the designated area, and the ratio of the fi- nancial burden on the area to the resources available to such area. (4) Assistance under this section shall be pro- vide only if the Secretary of Agriculture is sat- isfied that— Page 7603 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8401a 2 So in original. No par. (2) has been enacted. (A) the amounts expended by the State and the local governments involved for the same purposes for which such assistance is provided will not be reduced; and (B) the amount of such assistance does not reflect any amount for which other Federal fi- nancial assistance is provided or on proper ap- plication would be provided. (e) ‘‘Coal or uranium development activities’’ and ‘‘site development’’ defined For the purposes of this section— (1) The term ‘‘coal or uranium development activities’’ means the production, processing, or transportation of coal or uranium. (2) The term ‘‘site development’’ means nec- essary off-site improvements, such as the con- struction of sewer and water connections, con- struction of access roads, and appropriate site restoration, but does not include any portion of the construction of housing or public facili- ties. (f) Reports Any person regularly engaged in any coal or uranium development activity within an area designated and approved under subsection (a) shall prepare and transmit a report to the Sec- retary of Energy within 90 days after a written request to such person by the Governor of the State in which such area is located. Such report shall include— (1) projected employment levels for such ac- tivity by such person within such area during each of the following 3 calendar years; (2) the projected increase in employees in such area to engage in such activity during each of such calendar years; (3) the projected quantity of coal (or ura- nium) to be produced, processed, or trans- ported by such person during each of such cal- endar years; and (4) actions such companies plan to take or are taking to provide needed housing and other facilities for their employees directly or by providing funds to the States or local com- munities for this purpose. Copies of the report shall be provided to the Sec- retary of Energy and the Secretary shall, sub- ject to the provisions of section 796(d) of title 15, provide the report to the Secretary of Agri- culture, the Governor, and the appropriate coun- ty or local officials and make it available for public review. (g) Administration The Secretary of Agriculture shall carry out his responsibilities under this section through the Farmers Home Administration and such other agencies within the Department of Agri- culture as he may determine appropriate. (h) Appropriations authorization (1) 2 There is hereby authorized to be appro- priated to the Secretary of Energy for purposes of this section, $60,000,000 for fiscal year 1979 and $120,000,000 for fiscal year 1980. The Secretary of Energy and the Secretary of Agriculture shall enter into an agreement for the allocation of funds appropriated pursuant to this section for carrying out their respective responsibilities under this section, including the amounts for personnel and administrative costs, and upon such agreement, the Secretary of Energy shall transfer to the Secretary of Agriculture amounts determined under that agreement. (i) Protection from certain hazardous actions Federal agencies having responsibilities con- cerning the health and safety of any person working in any coal, uranium, metal, or non- metallic mine regulated by any Federal agency shall interpret and utilize their authorities fully and promptly, including the promulgation of standards and regulations, to protect existing and future housing, property, persons, and pub- lic facilities located adjacent to or near active and abandoned coal, uranium, metal, and non- metallic mines from actions occurring at such activities that pose a hazard to such property or persons. (j) Reorganization The authority of the Secretary of Agriculture and the authority of the Secretary of Energy under this section may not be transferred to any other Secretary or to any other Federal agency under chapter 9 of title 5 or under any other pro- vision of law, other than under specific provi- sions of a law enacted after November 9, 1978. The preceding provisions of this subsection shall not preclude either Secretary from delegating any such authority to any officer, employee, or entity within such Secretary’s department. (Pub. L. 95–620, title VI, § 601, Nov. 9, 1978, 92 Stat. 3323.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (a)(1), is the effective date of Pub. L. 95–620. See section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of this title. Section 1609 of title 16, referred to in subsec. (c)(6)(B), was in the original ‘‘section 10 of the Forest and Range- land Renewable Resources Planning Act of 1974’’. Such section 10 is classified to section 1608 of title 16 but has been editorially translated as section 1609 of title 16 as the probable intent of Congress in that the properties defined as being in the National Forest System appear in section 1609. § 8401a. ‘‘Local government’’ defined For the purposes of section 8401 of this title, the term ‘‘local government’’ shall include— (1) any county, parish, city, town, township, village or other general purpose political sub- division of a State with the power to levy taxes and expend Federal, State, and local funds and exercise governmental powers; and (2) which (in whole or in part) is located in, or has authority over the energy impacted area: Provided further, That such term shall in- clude a public or private nonprofit corpora- tion, or a school, water, sewer, highway, or other public special purpose district, author- ity, or body, with the concurrence of the Gov- ernor: Provided further, That such term shall be applicable to all applications for assistance received since the effective date of section 8401 of this title.