42 U.S.C. § 8391 — Repealed. Pub. L. 100–42, § 1(a)(6), May 21,

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 (b), was repealed by Pub.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 Repealed.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;