Title 42The Public Health and WelfareRelease 119-73

§6371g Allocation of grants

Title 42 › Chapter CHAPTER 77— - ENERGY CONSERVATION › Subchapter SUBCHAPTER III— - IMPROVING ENERGY EFFICIENCY › Part Part E— - Energy Conservation Program for Schools and Hospitals › § 6371g

Last updated Apr 6, 2026|Official source

Summary

The Secretary must divide the money made available under section 6371f(b) each year for energy conservation project grants this way: 90% goes to states for projects and 10% is set aside for grants that can pay more than 50% of project costs under section 6371e(b)(2). Of the 90% for states, 80% is split by a rule that considers each State’s population, climate, and other factors. Ten percent is split by a rule that looks at fuel or energy availability, cost, and how much schools and hospitals use. If a State already received more than 50% of an energy audit cost, its yearly share is cut by that excess and that cut amount is reallocated to other States, but not back to the State that was reduced. No State can get more than 10% of the total amount given to all States in a year. Except for the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands, every State with an approved plan must receive at least 0.5% of the total State allocation that year for grants to the State and to schools and hospitals. The Secretary must set rules within 60 days after November 9, 1978, on how to allocate funds for preliminary energy audits and energy audits, and must also limit how much of a State’s allocation can be used for administrative costs. Any allocated funds not spent in a year can be reallocated the next year.

Full Legal Text

Title 42, §6371g

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Except as otherwise provided in subsection (b), the Secretary shall allocate 90 percent of the amounts made available under section 6371f(b) 11 See References in Text note below. 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 available 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 factors as the Secretary may deem appropriate.
(B)Ten percent of amounts made available under section 6371f(b) 1 of this title shall be allocated 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 provided in section 6371b(e)(2) of this title, the aggregate amount allocated to such State under this subsection for such fiscal year (determined after applying paragraphs (1) and (2)) shall be reduced 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 excess shall not be eligible for any portion of such reallocation.
(b)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)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)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)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 reallocation under subsection (a) of this section in the subsequent fiscal year.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6371g

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73