42 U.S.C. § 6371g: Allocation of grants

Summary

The Secretary must use 90% of the yearly money from section 6371f(b) for energy conservation project grants. Of that 90%, 80% is split among the States using a formula the Secretary creates that looks at population, climate, and other factors. Ten percent is shared among the States based on fuel or energy availability, cost, and how much schools and hospitals use. The remaining 10% is set aside to pay grants that go beyond the 50% limit in section 6371e(b)(1), as allowed under section 6371e(b)(2). If a State already got more than 50% of an energy-audit cost in a year, that State’s total allocation is cut by the extra amount and that cut is reallocated to other States, but the State that got the extra cannot get any of the reallocated money. No State can receive more than 10% of the total allocated to all States in a year. Except for the District of Columbia and the listed territories, any State with an approved plan must get at least 0.5% of the yearly total for all States. The Secretary must write rules for the formulas, for audit fund shares (rules due within 60 days after November 9, 1978), and for limits on State administrative spending. Funds allocated but not obligated in a fiscal year can be reallocated the next year.

Title 42, §6371g

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

(a)section 6371e grants

(1)Except as otherwise provided in subsection (b), the Secretary shall allocate 90 percent of the amounts made available under section 6371f(b) 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)Restrictions on allocations to States

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)Prescription of rules governing allocations among States with regard to energy audits

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)Prescription of rules limiting allocations to States for administrative expenses

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)Reallocations

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.

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.

§6371g Allocation of Grants