42 U.S.C. § 8401a — ‘‘Local government’’ defined

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. Page 7604 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8402 (Pub. L. 96–514, title II, § 201, Dec. 12, 1980, 94 Stat. 2975.) Editorial Notes REFERENCES IN TEXT For effective date of section 8401 of this title, referred to in par. (2), see section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of this title. CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1981, and not as part of the Powerplant and Industrial Fuel Use Act of 1978 which comprises this chapter. § 8402. Loans to assist powerplant acquisitions of air pollution control equipment (a) Authority to make loans The Secretary may, in accordance with the provisions of this section and such rules and reg- ulations as he shall prescribe, make a loan (and may make a commitment to loan) to any person who owns or operates any existing electric pow- erplant converting to coal or other alternate fuel as its primary energy source after the effec- tive date of this chapter for the purpose of fi- nancing the purchase and installation of one or more certified air pollution control devices for such electric powerplant. (b) Limitations and conditions A loan made under this section shall— (1) not exceed two-thirds of the cost of pur- chasing and installing the certified air pollu- tion control devices; (2) have a maturity date not extending be- yond 10 years after the date such loan is made; (3) bear interest at a rate not less than (A) a rate determined by the Secretary of the Treasury, taking into consideration the aver- age market yield of outstanding Treasury ob- ligations of comparable maturity, plus (B) 1 percent; (4) be made on the condition of payment to the Secretary of a loan fee in an amount equal to (A) such insurance fee as the Secretary de- termines is necessary to avoid a Federal rev- enue loss under this section, plus (B) 1 percent of the loan amount; and (5) be made only if the Secretary finds that— (A) the financial assistance applied for is not otherwise available from other Federal agencies; (B) the applicant is unable to obtain suffi- cient funds on reasonable terms and condi- tions from any other source; (C) there is continued reasonable assur- ance of full repayment of the principal, in- terest, and fees; and (D) competition among private entities for the provision of air pollution control devices for electric powerplants using coal as their primary energy source to be assisted under this section will be in no way limited or pre- cluded. (c) Allocation and priorities In making loans or commitments to loan pur- suant to this section, the Secretary shall— (1) allocate a minimum of 25 percent of available financial assistance to existing small municipal and rural powerplants; and (2) give priority consideration to requests for financial assistance by existing electric powerplants subject to any prohibition under subchapter III (or under section 792 of title 15). (d) Definitions For purposes of this section— (1) The term ‘‘certified pollution control de- vice’’ means a new identifiable device which— (A) is used, in connection with a power- plant, to abate or control atmospheric pollu- tion by removing, altering, disposing, stor- ing, or preventing the emission of pollut- ants; (B) the appropriate State air pollution control agency has certified to the Adminis- trator of the Environmental Protection Agency that such device is needed to meet, and is in conformity with, State require- ments for abatement or control of atmos- pheric pollution or contamination; (C) the Administrator of the Environ- mental Protection Agency has certified to the Secretary as not duplicating or dis- placing existing air pollution control devices with a remaining useful economic life in ex- cess of 2 years and as otherwise being in fur- therance of the requirements and purposes of the Clean Air Act [42 U.S.C. 7401 et seq.]; (D) does not constitute or include a build- ing, or a structural component of a building, other than a building used exclusively for the purposes set forth in subparagraph (A); and (E) the construction of which began after the effective date of this chapter. (2) The term ‘‘small municipal or rural coop- erative electric powerplant’’ means an electric generating unit, which— (A) by design is not capable of consuming fuel at a fuel heat input rate in excess of a rate determined appropriate by the Sec- retary by rule; and (B) is owned or operated by a municipality or a rural electric cooperative. (e) Records (1) The Secretary shall require all persons re- ceiving financial assistance under this section to keep such records as the Secretary shall pre- scribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance was given or used, the amount of that portion of the cost of the project or under- taking supplied by other sources, and such other records as will facilitate an effective audit. (2) The Secretary and the Comptroller General of the United States, or any of their duly au- thorized representatives, shall, until the later of— (A) the expiration of 3 years after comple- tion of the project or undertaking referred to in subsection (a), or (B) full repayment of interest and principal on a loan made under this section, occurs, have access for the purposes of audit, evalua- tion, examination to any books, documents, pa- pers, and records of such receipts which in the opinion of the Secretary or the Comptroller