Browse Arkansas Code titles and sections
42 U.S.C. § 17154 — Use of funds
Federal law — U.S. Code and appendices · legal_authorities
Page 8990
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 17154
(2) 34 percent to eligible units of local gov-
ernment—alternative 2, in accordance with
subsection (b);
(3) 28 percent to States in accordance with
subsection (c);
(4) 2 percent to Indian tribes in accordance
with subsection (d); and
(5) 2 percent for competitive grants under
section 17156 of this title.
(b) Eligible units of local government
Of amounts available for distribution to eligi-
ble units of local government under subsection
(a)(1) or (2), the Secretary shall provide grants
to eligible units of local government under this
section based on a formula established by the
Secretary according to—
(1) the populations served by the eligible
units of local government, according to the
latest available decennial census; and
(2) the daytime populations of the eligible
units of local government and other similar
factors (such as square footage of commercial,
office, and industrial space), as determined by
the Secretary.
(c) States
Of amounts available for distribution to
States under subsection (a)(2), the Secretary
shall provide—
(1) not less than 1.25 percent to each State;
and
(2) the remainder among the States, based
on a formula to be established by the Sec-
retary that takes into account—
(A) the population of each State; and
(B) any other criteria that the Secretary
determines to be appropriate.
(d) Indian tribes
Of amounts available for distribution to In-
dian tribes under subsection (a)(3), the Sec-
retary shall establish a formula for allocation of
the amounts to Indian tribes, taking into ac-
count any factors that the Secretary determines
to be appropriate.
(e) Publication of allocation formulas
Not later than 90 days before the beginning of
each fiscal year for whi
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Page 8990
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 17154
(2) 34 percent to eligible units of local gov-
ernment—alternative 2, in accordance with
subsection (b);
(3) 28 percent to States in accordance with
subsection (c);
(4) 2 percent to Indian tribes in accordance
with subsection (d); and
(5) 2 percent for competitive grants under
section 17156 of this title.
(b) Eligible units of local government
Of amounts available for distribution to eligi-
ble units of local government under subsection
(a)(1) or (2), the Secretary shall provide grants
to eligible units of local government under this
section based on a formula established by the
Secretary according to—
(1) the populations served by the eligible
units of local government, according to the
latest available decennial census; and
(2) the daytime populations of the eligible
units of local government and other similar
factors (such as square footage of commercial,
office, and industrial space), as determined by
the Secretary.
(c) States
Of amounts available for distribution to
States under subsection (a)(2), the Secretary
shall provide—
(1) not less than 1.25 percent to each State;
and
(2) the remainder among the States, based
on a formula to be established by the Sec-
retary that takes into account—
(A) the population of each State; and
(B) any other criteria that the Secretary
determines to be appropriate.
(d) Indian tribes
Of amounts available for distribution to In-
dian tribes under subsection (a)(3), the Sec-
retary shall establish a formula for allocation of
the amounts to Indian tribes, taking into ac-
count any factors that the Secretary determines
to be appropriate.
(e) Publication of allocation formulas
Not later than 90 days before the beginning of
each fiscal year for which grants are provided
under this part, the Secretary shall publish in
the Federal Register the formulas for allocation
established under this section.
(f) State and local advisory committee
The Secretary shall establish a State and local
advisory committee to advise the Secretary re-
garding administration, implementation, and
evaluation of the program.
(Pub. L. 110–140, title V, § 543, Dec. 19, 2007, 121
Stat. 1668; Pub. L. 111–5, div. A, title IV, § 404(a),
(b), Feb. 17, 2009, 123 Stat. 143.)
Editorial Notes
AMENDMENTS
2009—Subsec. (a)(1). Pub. L. 111–5, § 404(a)(2), added
par. (1) and struck out former par. (1) which read as fol-
lows: ‘‘68 percent to eligible units of local government
in accordance with subsection (b);’’.
Subsec. (a)(2) to (5). Pub. L. 111–5, § 404(a), added par.
(2) and redesignated former pars. (2) to (4) as (3) to (5),
respectively.
Subsec. (b). Pub. L. 111–5, § 404(b), substituted ‘‘sub-
section (a)(1) or (2)’’ for ‘‘subsection (a)(1)’’ in introduc-
tory provisions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the date that is 1 day after Dec.
19, 2007, see section 1601 of Pub. L. 110–140, set out as a
note under section 1824 of Title 2, The Congress.
§ 17154. Use of funds
An eligible entity may use a grant received
under this part to carry out activities to achieve
the purposes of the program, including—
(1) development and implementation of an
energy efficiency and conservation strategy
under section 17155(b) of this title;
(2) retaining technical consultant services to
assist the eligible entity in the development of
such a strategy, including—
(A) formulation of energy efficiency, en-
ergy conservation, and energy usage goals;
(B) identification of strategies to achieve
those goals—
(i) through efforts to increase energy ef-
ficiency and reduce energy consumption;
and
(ii) by encouraging behavioral changes
among the population served by the eligi-
ble entity;
(C) development of methods to measure
progress in achieving the goals;
(D) development and publication of annual
reports to the population served by the eligi-
ble entity describing—
(i) the strategies and goals; and
(ii) the progress made in achieving the
strategies and goals during the preceding
calendar year; and
(E) other services to assist in the imple-
mentation of the energy efficiency and con-
servation strategy;
(3) conducting residential and commercial
building energy audits;
(4) establishment of financial incentive pro-
grams for energy efficiency improvements;
(5) the provision of grants to nonprofit orga-
nizations and governmental agencies for the
purpose of performing energy efficiency retro-
fits;
(6) development and implementation of en-
ergy efficiency and conservation programs for
buildings and facilities within the jurisdiction
of the eligible entity, including—
(A) design and operation of the programs;
(B) identifying the most effective methods
for achieving maximum participation and ef-
ficiency rates;
(C) public education;
(D) measurement and verification proto-
cols; and
(E) identification of energy efficient tech-
nologies;
(7) development and implementation of pro-
grams to conserve energy used in transpor-
tation, including—
(A) use of flex time by employers;
(B) satellite work centers;
(C) development and promotion of zoning
guidelines or requirements that promote en-
ergy efficient development;
Page 8991
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 17155
1 See References in Text note below.
(D) development of infrastructure, such as
bike lanes and pathways and pedestrian
walkways;
(E) synchronization of traffic signals; and
(F) other measures that increase energy
efficiency and decrease energy consumption;
(8) development and implementation of
building codes and inspection services to pro-
mote building energy efficiency;
(9) application and implementation of en-
ergy distribution technologies that signifi-
cantly increase energy efficiency, including—
(A) distributed resources; and
(B) district heating and cooling systems;
(10) activities to increase participation and
efficiency rates for material conservation pro-
grams, including source reduction, recycling,
and recycled content procurement programs
that lead to increases in energy efficiency;
(11) the purchase and implementation of
technologies to reduce, capture, and, to the
maximum extent practicable, use methane and
other greenhouse gases generated by landfills
or similar sources;
(12) replacement of traffic signals and street
lighting with energy efficient lighting tech-
nologies, including—
(A) light emitting diodes; and
(B) any other technology of equal or great-
er energy efficiency;
(13) development, implementation, and in-
stallation on or in any government building of
the eligible entity of onsite renewable energy
technology that generates electricity from re-
newable resources, including—
(A) solar energy;
(B) wind energy;
(C) fuel cells; and
(D) biomass;
(14) programs for financing energy effi-
ciency, renewable energy, and zero-emission
transportation (and associated infrastructure),
capital investments, projects, and programs,
which may include loan programs and per-
formance contracting programs, for leveraging
of additional public and private sector funds,
and programs that allow rebates, grants, or
other incentives for the purchase and installa-
tion of energy efficiency, renewable energy,
and zero-emission transportation (and associ-
ated infrastructure) measures; and
(15) any other appropriate activity, as deter-
mined by the Secretary, in consultation
with—
(A) the Administrator of the Environ-
mental Protection Agency;
(B) the Secretary of Transportation; and
(C) the Secretary of Housing and Urban
Development.
(Pub. L. 110–140, title V, § 544, Dec. 19, 2007, 121
Stat. 1669; Pub. L. 117–58, div. D, title V,
§ 40552(a), Nov. 15, 2021, 135 Stat. 1076.)
Editorial Notes
AMENDMENTS
2021—Pars. (14), (15). Pub. L. 117–58 added par. (14) and
redesignated former par. (14) as (15).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the date that is 1 day after Dec.
19, 2007, see section 1601 of Pub. L. 110–140, set out as a
note under section 1824 of Title 2, The Congress.
WAGE RATE REQUIREMENTS
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
alteration, or repair work funded under div. D or an
amendment by div. D of Pub. L. 117–58, including au-
thority of Secretary of Labor, see section 18851 of this
title.
§ 17155. Requirements for eligible entities
(a) Construction requirement
(1) In general
To be eligible to receive a grant under the
program, each eligible applicant shall submit
to the Secretary a written assurance that all
laborers and mechanics employed by any con-
tractor or subcontractor of the eligible entity
during any construction, alteration, or repair
activity funded, in whole or in part, by the
grant shall be paid wages at rates not less
than the prevailing wages for similar con-
struction activities in the locality, as deter-
mined by the Secretary of Labor, in accord-
ance with sections 3141 through 3144, 3146, and
3147 of title 40.
(2) Secretary of Labor
With respect to the labor standards referred
to in paragraph (1), the Secretary of Labor
shall have the authority and functions de-
scribed in—
(A) Reorganization Plan Numbered 14 of
1950 (5 U.S.C. 903 note); 1 and
(B) section 3145 of title 40.
(b) Eligible units of local government and Indian
tribes
(1) Proposed strategy
(A) In general
Not later than 1 year after the date on
which an eligible unit of local government
or Indian tribe receives a grant under this
part, the eligible unit of local government or
Indian tribe shall submit to the Secretary a
proposed energy efficiency and conservation
strategy in accordance with this paragraph.
(B) Inclusions
The proposed strategy under subparagraph
(A) shall include—
(i) a description of the goals of the eligi-
ble unit of local government or Indian
tribe, in accordance with the purposes of
this part, for increased energy efficiency
and conservation in the jurisdiction of the
eligible unit of local government or Indian
tribe; and
(ii) a plan for the use of the grant to as-
sist the eligible unit of local government
or Indian tribe in achieving those goals, in
accordance with section 17154 of this title.
(C) Requirements for eligible units of local
government
In developing the strategy under subpara-
graph (A), an eligible unit of local govern-
ment shall—
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish a program, to be known as the “Energy Efficiency and Conservation Block Grant Program”, under which the Secretary shall provide grants to eligible entities in accordance with this part.
**(b) Purpose** The purpose of the program shall be to assist eligible entities in implementing strategies—
(1) to reduce fossil fuel emissions created as a result of activities within the jurisdictions of eligible entities in a manner that—
(A) is environmentally sustainable; and
(B) to the maximum extent practicable, maximizes benefits for local and regional communities;
(2) to reduce the total energy use of the eligible entities; and
(3) to improve energy efficiency in—
(A) the transportation sector;
(B) the building sector; and
(C) other appropriate sectors.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 17154
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the President, after investigation, finds that changes in the organization of agencies are necessary to carry out any policy set forth in [section 901(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section901/a&num=0&edition=prelim), he shall prepare a reorganization plan specifying the reorganizations he finds are necessary. Any plan may provide for—
(1) the transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency;
(2) the abolition of all or a part of the functions of an agency, except that no enforcement function or statutory program shall be abolished by the plan;
(3) the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof;
(4) the consolidation or coordination of part of an agency or the functions thereof with another part of the same agency or the functions thereof;
(5) the authorization of an officer to delegate any of his functions; or
(6) the abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions.
The President shall transmit the plan (bearing an identification number) to the Congress together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to carry out any policy set forth in [section 901(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section901/a&num=0&edition=prelim).
**(b)** The President shall have a reorganization plan delivered to both Houses o
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 903
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Federal law — U.S. Code and appendices · legal_authorities
Page 240
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 903
conform to the definitions in sections 105, 2101, and
2104.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
1967 ACT
This section amends section 902 of title 5, United
States Code, so as to preserve the application of the
source statute for section 902 (sec. 7 of the Reorganiza-
tion Act of 1949). In the codification of title 5 by Public
Law 89–554, that application was inadvertently re-
stricted due to the operation of section 2104 of title 5,
providing a title-wide definition of ‘‘officer.’’ Briefly,
that section defines ‘‘officer’’ as a civil appointive offi-
cer of the Federal Government. In the Reorganization
Act of 1949, the word ‘‘officer’’ was not defined, and has
been construed to include not only civil appointive offi-
cers, but uniformed officers, the President, and officers
of the government of the District of Columbia. Thus,
this section amends section 902 of title 5 by inserting a
paragraph providing that the title-wide definition of of-
ficer is inapplicable to chapter 9 of title 5. Also, para-
graph (1)(B) of section 902 is amended so that the word-
ing thereof is identical to that formerly appearing in
section 7 of the Reorganization Act of 1949.
Editorial Notes
CODIFICATION
Section 902(a) of former Title 5, Executive Depart-
ments and Government Officers and Employees, was
transferred to section 60e–2(b) of Title 2, The Congress.
AMENDMENTS
2004—Par. (1). Pub. L. 108–271 substituted ‘‘Govern-
ment Accountability Office’’ for ‘‘General Accounting
Office’’ in concluding provisions.
1977—Par. (1)(C). Pub. L. 95–17 struck out subpar. (C)
which defined ‘‘agency’’ as any and all part
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 903
Stored review status: historical_2024_not_currentness_verified. The source passage cites 5 U.S.C. § 903. This identifies an authority to review, not proof of applicability.