42 U.S.C. § 6371e — Grants for project costs and technical as-

Page 6806 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371e 1 See References in Text note below. (B) State health plans under section 300m–3(c)(2) 1 and 300o–2 1 of this title, and shall be coordinated through the review mecha- nisms required under section 300m–2 1 of this title and section 1320a–1 of this title. (d) Compliance required for approval; reasons for disapproval; resubmittal; amendment The Secretary shall approve such applications submitted by a State energy agency as he deter- mines to be in compliance with this section and with the requirements of the applicable State plan approved under section 6371c of this title. The Secretary shall state the reasons for his dis- approval in the case of any application which he disapproves. Any application not approved by the Secretary may be resubmitted by the appli- cant at any time in the same manner as the original application and the Secretary shall ap- prove such resubmitted application as he deter- mines to be in compliance with this section and the requirements of the State plan. Amend- ments of an application shall, except as the Sec- retary may otherwise provide, be subject to ap- proval in the same manner as the original appli- cation. All or any portion of an application under this section may be disapproved to the ex- tent 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 no- tice 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 sec- tion, 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. (Pub. L. 94–163, title III, § 395, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3244.) Editorial Notes REFERENCES IN TEXT Sections 300m–2 and 300m–3 of this title, referred to in subsec. (c)(2)(B), were repealed effective Jan. 1, 1987, by Pub. L. 99–660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799. Section 300o–2 of this title, referred to in subsec. (c)(2)(B), was repealed by Pub. L. 96–79, title II, § 202(a), Oct. 4, 1979, 93 Stat. 632. § 6371e. Grants for project costs and technical as- sistance (a) Authorization of Secretary; project costs The Secretary may make grants to schools and hospitals for carrying out energy conserva- tion projects the applications for which have been approved under section 6371d of this title. (b) Restrictions on use of funds (1) Except as provided in paragraph (2), amounts made available for purposes of this sec- tion (together with any amounts available for such purposes from other Federal sources) may not be used to pay more than 50 percent of the costs of any energy conservation project. The non-Federal share of the costs of any such en- ergy conservation project may be provided by using programs of innovative financing for en- ergy conservation projects (including, but not limited to, loan programs and performance con- tracting), even if, pursuant to such financing, clear title to the equipment does not pass to the school or hospital until after the grant is com- pleted. (2) Amounts made available for purposes of this section (together with any amounts avail- able for such purposes from other Federal sources) may be used to pay not to exceed 90 per- cent of the costs of an energy conservation project if the Secretary determines that a proj- ect meets the hardship criteria of section 6371a(d) of this title. Grants made under this paragraph shall be from the funds provided under section 6371g(a)(2) of this title. (c) Allocation requirements Grants made under this section in any State in any year shall be made in accordance with the requirements contained in section 6371g of this title. (d) Technical assistance costs (1) The Secretary may make grants to States for paying technical assistance costs. Schools in any State shall not be allocated less than 30 per- cent of the funds for energy conservation projects within such State and hospitals in any State shall not be allocated less than 30 percent of such funds. (2) A State may utilize up to 100 percent of the funds provided by the Secretary under this part for any fiscal year for program and technical as- sistance and up to 50 percent of such funds for marketing and other costs associated with leveraging of non-Federal funds for carrying out this part and may administer a continuous and consecutive application and award procedure for providing program and technical assistance under this part in accordance with regulations that the Secretary shall establish, if the State— (A) has adopted a State plan in accordance with section 6371c of this title, the administra- tion of which is in accordance with applicable regulations; and (B) certifies to the Secretary that not more than 15 percent of the aggregate amount of Federal and non-Federal funds used by the State to provide program and technical assist- ance, implement energy conservation meas- ures, and otherwise carry out a program pur- suant to this part for the fiscal year concerned will be expended for program and technical as- sistance and for marketing and other costs as- sociated with leveraging of non-Federal funds for such program. (Pub. L. 94–163, title III, § 396, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3245; amended Pub. L. 101–440, § 6(a), (c), (d), Oct. 18, 1990, 104 Stat. 1011.) 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) 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) 1 of this title in any year for purposes of making energy conservation project grants pursuant to section 6371e of this title as follows: (A) Eighty percent of amounts made avail- able 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 fac- tors as the Secretary may deem appropriate. (B) Ten percent of amounts made available under section 6371f(b) 1 of this title shall be al- located 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 in excess of the 50 percent limitation contained in section 6371e(b)(1) of this title. (3) In the case of any State which received for any fiscal year an amount which exceeded 50 percent of the cost of any energy audit as pro- vided in section 6371b(e)(2) of this title, the ag- gregate amount allocated to such State under this subsection for such fiscal year (determined after applying paragraphs (1) and (2)) shall be re- duced by an amount equal to such excess. The amount of such reduction shall be reallocated to the States for such fiscal year as provided in this subsection except that for purposes of such reallocation, the State which received such ex- cess shall not be eligible for any portion of such reallocation. (b) Restrictions on allocations to States The total amount allocated to any State under subsection (a) in any year shall not exceed 10 percent of the total amount allocated to all the States in such year under such subsection (a). Except for the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands, not less than 0.5 percent of such total allocation to all States for that year shall be allocated in such year for the total of grants to States and to schools and hospitals in each State which has an approved State plan under this part. (c) Prescription of rules governing allocations among States with regard to energy audits Not later than 60 days after November 9, 1978, the Secretary shall prescribe rules governing the allocation among the States of funds for grants for preliminary energy audits and energy audits. Such rules shall take into account the population and climate of such States and such other factors as he may deem appropriate. (d) Prescription of rules limiting allocations to States for administrative expenses The Secretary shall prescribe rules limiting the amount of funds allocated to a State which may be expended for administrative expenses by such State. (e) Reallocations Funds allocated for projects in any States for a fiscal year under this section but not obligated in such fiscal year shall be available for re- allocation under subsection (a) of this section in the subsequent fiscal year. (Pub. L. 94–163, title III, § 398, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3246; amended Pub. L. 98–454, title VI, § 601(e), Oct. 5, 1984, 98 Stat. 1736.) Editorial Notes REFERENCES IN TEXT Section 6371f of this title, referred to in subsec. (a)(1), (2), was amended by Pub. L. 101–440, § 8(b), Oct. 18, 1990, 104 Stat. 1015, and, as so amended, no longer contains a subsec. (b). AMENDMENTS 1984—Subsec. (b). Pub. L. 98–454 inserted reference to Northern Mariana Islands.