42 U.S.C. § 8373 — Conservation in Federal facilities, con-

Page 7598 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8354 grant an exemption for an existing powerplant unless he finds that the petitioner has dem- onstrated that there is no alternative supply of electric power which is available within a rea- sonable distance at a reasonable cost without impairing short-run or long-run reliability of service and which can be obtained by the peti- tioner, despite reasonable good faith efforts. (2) The Secretary shall forward a copy of any such petition to the Federal Energy Regulatory Commission promptly after it is filed with the Secretary and shall consult with the Commis- sion before making any finding on such petition under paragraph (l). (Pub. L. 95–620, title III, § 313, Nov. 9, 1978, 92 Stat. 3313; Pub. L. 100–42, § 1(c)(10), (13), May 21, 1987, 101 Stat. 313.) Editorial Notes AMENDMENTS 1987—Subsec. (a). Pub. L. 100–42, § 1(c)(13), struck out ‘‘or installation’’ after ‘‘powerplant’’ in introductory provisions. Pub. L. 100–42, § 1(c)(10), which directed the substi- tution of ‘‘or (i)’’ for ‘‘(i), or (j)’’ was executed by mak- ing the substitution for ‘‘(i) or (j)’’ to reflect the prob- able intent of Congress. Statutory Notes and Related Subsidiaries EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AS EFFECTIVE PRIOR TO 180 DAYS AFTER NOVEMBER 9, 1978 For effectiveness of exemption for certain electric powerplants as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95–620, set out as a note under section 8301 of this title. § 8354. Terms and conditions; compliance plans (a) Terms and conditions generally Any exemption from any prohibition under this part shall be on such terms and conditions as the Secretary determines appropriate, includ- ing terms and conditions requiring the use of ef- fective fuel conservation measures which are practicable and consistent with the purposes of this chapter. In the case of any temporary ex- emption, the terms and conditions (which may include a compliance plan meeting the require- ments of subsection (b)) shall be designed to in- sure that upon the expiration of such exemption, the persons and powerplant covered by such ex- emption will comply with the applicable prohi- bitions. (b) Compliance plans A compliance plan meets the requirements of this subsection if it is approved by the Secretary and— (1) contains (A) a schedule indicating how compliance with applicable prohibition of this chapter will occur and (B) evidence of binding contracts for fuel, or facilities for the produc- tion of fuel, which would allow for such com- pliance; and (2) is revised at such times and to such ex- tent as the Secretary may require to reflect changes in circumstances. (Pub. L. 95–620, title III, § 314, Nov. 9, 1978, 92 Stat. 3314; Pub. L. 100–42, § 1(c)(10), May 21, 1987, 101 Stat. 313.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(1)(A), was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial 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. AMENDMENTS 1987—Subsec. (a). Pub. L. 100–42 struck out ‘‘or instal- lation’’ after ‘‘powerplant’’. Statutory Notes and Related Subsidiaries EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AS EFFECTIVE PRIOR TO 180 DAYS AFTER NOVEMBER 9, 1978 For effectiveness of exemption for certain electric powerplants as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95–620, set out as a note under section 8301 of this title. SUBCHAPTER IV—ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES §§ 8371, 8372. Repealed. Pub. L. 100–42, § 1(a)(3), (4), May 21, 1987, 101 Stat. 310 Section 8371, Pub. L. 95–620, title IV, § 401, Nov. 9, 1978, 92 Stat. 3314, authorized Secretary to prohibit by order the use of natural gas as primary energy source in ex- isting boilers used for space heating purposes which consume 300 Mcf or more natural gas per day and have capability to use petroleum as primary energy source, and in new boilers to be used for space heating purposes which would be capable of consuming 300 Mcf or more of natural gas per day. Section 8372, Pub. L. 95–620, title IV, § 402, Nov. 9, 1978, 92 Stat. 3315; Pub. L. 97–35, title X, § 1024, Aug. 13, 1981, 95 Stat. 617, prohibited installation of outdoor lighting fixtures using natural gas before Nov. 9, 1978, phased out distribution of natural gas to be used in outdoor lighting other than that installed for residential use before Nov. 9, 1978, and required distributors of natural gas to disseminate information to customers to dis- courage use of natural gas for outdoor lighting. § 8373. Conservation in Federal facilities, con- tracts, and financial assistance programs (a) Federal facilities (1) Each Federal agency owning or operating any electric powerplant shall comply with any prohibition, term, condition, or other substan- tial or procedural requirement under this chap- ter, to the same extent as would be the case if such powerplant were owned or operated by a nongovernmental person. (2) The President may, by order, exempt from the application of paragraph (1) any powerplant owned or operated by any Federal agency, if the President determines that— (A) such use is in the paramount interest of the United States and that the powerplant in- volved is a component of or is used solely in connection with any weaponry, equipment, aircraft, vessels, vehicles or other classes or categories of property which— (i) are owned or operated by the Armed Forces of the United States (including the Coast Guard) or by the National Guard of any State; and (ii) are uniquely military in nature; or Page 7599 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8373 (B) there is a lack of appropriation for such use but only if the President specifically re- quested such appropriations as a part of the budgetary process and the Congress failed to make available such requested appropriation. Such order shall not take effect until 60 days after a copy of such order has been transmitted to each House of the Congress. The President shall review each such determination every 2 years and submit a report to the Congress on the results of such review. (b) Federal contracts and financial assistance (1) In order to implement the purposes of this chapter, the President shall, not later than 30 days after the effective date of this chapter, issue an order— (A) requiring each Federal agency which is authorized to extend Federal assistance by way of grant, loan, contract, or other form of financial assistance, to promptly effectuate the purposes of this chapter relating to the conservation of petroleum and natural gas, by rule, in such contracting or assistance activi- ties within 180 days after issuance of such order, and (B) setting forth procedures, sanctions, pen- alties, and such other provisions as the Presi- dent determines necessary to carry out such requirement effectively, including a require- ment that each agency annually transmit to the President, and make available to the pub- lic, a report on the actions taken and to be taken to implement such order. (2) The President may exempt by order any specific grant, loan, contract, or other form of financial assistance from all or part of the pro- visions of this subsection if he determines such exemption is in the national interest. The Presi- dent shall notify the Congress in writing of such exemption at least 60 days before it is effective. (3) The President or any Federal agency may not use the authority granted under paragraph (1) to require compliance, including the use of coal, by any person or facility with any prohibi- tion under other sections of this chapter if such person or facility has been specifically deter- mined by the Secretary as subject to such prohi- bition or has been exempted from the applica- tion of such prohibition. (Pub. L. 95–620, title IV, § 403, Nov. 9, 1978, 92 Stat. 3317; Pub. L. 100–42, § 1(c)(14), May 21, 1987, 101 Stat. 313; Pub. L. 102–486, title XXX, § 3011, Oct. 24, 1992, 106 Stat. 3128.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (b)(1), (3), was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Power- plant and Industrial Fuel Use Act of 1978, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables. The effective date of this chapter, referred to in sub- sec. (b)(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. AMENDMENTS 1992—Subsec. (c). Pub. L. 102–486 struck out subsec. (c), which read as follows: ‘‘The President shall annu- ally submit a detailed report to each House of the Con- gress on the actions taken by the President and each Federal agency to implement this section, including the progress and problems associated with implementa- tion of this section.’’ 1987—Subsec. (a)(1). Pub. L. 100–42, § 1(c)(14)(A), struck out ‘‘, major fuel-burning installation, or other unit’’ after ‘‘electric powerplant’’ and ‘‘, installation, or unit’’ after ‘‘such powerplant’’. Subsec. (a)(2). Pub. L. 100–42, § 1(c)(14)(B), (C), struck out ‘‘, installation, or other unit’’ after ‘‘powerplant’’ in introductory provisions, ‘‘, installation, or unit’’ after ‘‘powerplant’’ in subpar. (A), and last sentence which read as follows: ‘‘Any powerplant, installation, or other unit permitted to use natural gas or petroleum under an exemption under this paragraph shall estab- lish and carry out effective fuel conservation measures, as determined by the Secretary.’’ Subsec. (a)(3). Pub. L. 100–42, § 1(c)(14)(D), struck out par. (3) which read as follows: ‘‘Any powerplant, instal- lation, or unit owned or operated by any such Federal agency shall be entitled to any exemption by the Sec- retary to the same extent, in the same manner, and under the same terms and conditions as would apply if it were owned or operated by a nongovernmental per- son.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report under the last sentence of subsec. (a)(2) of this section is list- ed as the 16th item on page 19), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents EX. ORD. NO. 12185. EFFECTUATION OF CONSERVATION OF PETROLEUM AND NATURAL GAS BY RECIPIENTS OF FED- ERAL FINANCIAL ASSISTANCE Ex. Ord. No. 12185, Dec. 17, 1979, 44 F.R. 75093, pro- vided: By the authority vested in me as President of the United States of America by Section 403(b) of the Pow- erplant and Industrial Fuel Use Act of 1978 (92 Stat. 3318; Public Law 95–620) [42 U.S.C. 8373(b)] and Section 301 of Title 3 of the United States Code, in order to en- courage additional conservation of petroleum and nat- ural gas by recipients of Federal financial assistance, it is hereby ordered as follows: 1–101. Each Federal agency, as that term is defined in Section 103(a)(25) of the Powerplant and Industrial Fuel Use Act of 1978 (92 Stat. 3297) [42 U.S.C. 8302(a)(25)], shall effectuate through its financial assistance pro- grams the purposes of that Act relating to the con- servation of petroleum and natural gas. 1–102. Each Federal agency which extends financial assistance shall review those programs of financial as- sistance and identify those which are most likely to offer opportunities for significant conservation of pe- troleum and natural gas. 1–103. Within two months, and annually thereafter, each agency shall publish for comment a list of those programs which it has identified as likely to offer sig- Page 7600 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8374 1 See References in Text note below. nificant opportunity for conservation. The public shall be given 60 days to submit comments, including sugges- tions for rules which would effectuate the conservation purposes of the Act [see Short Title note set out under 42 U.S.C. 8301]. 1–104. After receiving public comment and sugges- tions, and after consulting with the Director of the Of- fice of Management and Budget, each agency shall pub- lish proposed rules designed to achieve conservation of petroleum and natural gas in connection with the re- ceipt of financial assistance. Proposed rules should be published within 30 days of the close of the comment period under Section 1–103. 1–105. Final rules shall be adopted by each agency in accordance with the provisions of Sections 102(b) [42 U.S.C. 8301(b)], 403(b) [42 U.S.C. 8373(b)] and 701(a) [42 U.S.C. 8411(a)] of the Powerplant and Industrial Fuel Use Act of 1978, and the provisions of this Order, not later than 180 days from the date of this Order. 1–106. No one shall be awarded any financial assist- ance unless that award complies with the provisions of the conservation rules adopted by the agency pursuant to this Order. 1–107. To the extent permitted by law and where not inconsistent with the financial assistance program, final rules may provide for the reduction or suspension of financial assistance under any award. Such reduc- tion or suspension shall not be ordered until there has been an opportunity for a hearing on the record, and shall last for such time as the recipient fails to comply with the terms of the conservation rule. 1–108. No conservation rule shall be adopted which is inconsistent with the statutory provisions establishing the financial assistance program. 1–109. No conservation rule shall be used to enforce compliance with any prohibition under the Act [see Short Title note set out under 42 U.S.C. 8301] against any person or facility which has been specifically de- termined by the Secretary of Energy as subject to or exempt from a prohibition under the Act. The con- servation rules shall be used to enforce other new ways of achieving the purposes of the Act related to the con- servation of petroleum and natural gas. 1–110. In order to assess the effectiveness of this pro- gram, each agency shall annually prepare a report on its activities in accord with Section 403(b)(1)(B) of the Act [42 U.S.C. 8373(b)]. These reports shall be submitted to the President through the Secretary of Energy. 1–111. The Secretary of Energy shall prepare for the President’s consideration and transmittal to the Con- gress the report required by Section 403(c) of the Act [42 U.S.C. 8373(c)]. 1–112. The Director of the Office of Management and Budget may issue any rules, regulations, or orders he deems necessary to ensure the implementation of this Order. The Director may exercise any of the authority vested in the President by Section 403(b) of the Act [42 U.S.C. 8373(b)], and may redelegate such of that author- ity as he deems appropriate to the head of any other agency. JIMMY CARTER. EXECUTIVE ORDER NO. 12217 Ex. Ord. No. 12217, June 18, 1980, 45 F.R. 41623, which established the responsibilities and duties of Executive agencies for compliance with this chapter, was revoked by Ex. Ord. No. 12437, Aug. 11, 1983, 48 F.R. 36801. § 8374. Emergency authorities (a) Coal allocation authority (1) If the President— (A) declares a severe energy supply interrup- tion, as defined in section 6202(8) of this title, or (B) finds, and publishes such finding, that a national or regional fuel supply shortage ex- ists or may exist which the President deter- mines— (i) is, or is likely to be, of significant scope and duration, and of an emergency nature; (ii) causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and (iii) results, or is likely to result, from an interruption in the supply of coal or from sabotage, or an act of God; the President may, by order, allocate coal (and require the transportation thereof) for the use of any electric powerplant or major fuel-burning installation, in accordance with such terms and conditions as he may prescribe, to insure reli- ability of electric service or prevent unemploy- ment, or protect public health, safety, or wel- fare. (2) For purposes of this subsection, the term ‘‘coal’’ means anthracite and bituminous coal and lignite (but does not mean any fuel deriva- tive thereof). (b) Emergency prohibition on use of natural gas or petroleum If the President declares a severe energy sup- ply interruption, as defined in section 6202(8) of this title, the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petro- leum, or both, as a primary energy source for the duration of such interruption. Notwith- standing any other provision of this section, any suspension of emission limitations or other re- quirements of applicable implementation plans, as defined in section 7410(d) 1 of this title, re- quired by such prohibition shall be issued only in accordance with section 7410(f) of this title. (c) Emergency stays The President may, by order, stay the applica- tion of any provision of this chapter, or any rule or order thereunder, applicable to any new or existing electric powerplant, if the President finds, and publishes such finding, that an emer- gency exists, due to national, regional, or sys- temwide shortages of coal or other alternate fuels, or disruption of transportation facilities, which emergency is likely to affect reliability of service of any such electric powerplant. (d) Duration of emergency orders (1) Except as provided in paragraph (3), any order issued by the President under this section shall not be effective for longer than the dura- tion of the interruption or emergency, or 90 days, whichever is less. (2) Any such order may be extended by a sub- sequent order which the President shall trans- mit to the Congress in accordance with section 6421 of this title. Such order shall be subject to congressional review pursuant to such section. (3) Notwithstanding paragraph (1), the effec- tiveness of any order issued under this section shall not terminate under this subsection during the 15-calendar-day period during which any such subsequent order described in paragraph (2) is subject to congressional review under section 6421 of this title. (4) For purposes of this subsection, the provi- sions of this subsection supersede the provisions of subchapter II of chapter 34 of title 50.