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) 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.