
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6371d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
      Part E--Energy Conservation Program for Schools and Hospitals
 
Sec. 6371d. Applications for financial assistance


(a) Limitation on number of applications by States, schools, and 
        hospitals; submittal to State energy agency

    Applications of States, schools, and hospitals for financial 
assistance under this part for energy conservation projects shall be 
made not more than once for any fiscal year. Schools and hospitals 
applying for such financial assistance shall submit their applications 
to the State energy agency and the State energy agency shall make a 
single submittal to the Secretary, containing all applications which 
comply with the State plan.

(b) Required information

    Applications for financial assistance under this part for energy 
conservation projects shall contain, or shall be accompanied by, such 
information as the Secretary may reasonably require, including the 
results of energy audits which comply with guidelines under this part. 
The annual submittal to the Secretary by the State energy agency under 
subsection (a) of this section shall include a listing and description 
of energy conservation projects proposed to be funded within the State 
during the fiscal year for which such application is made, and such 
information concerning expected expenditures as the Secretary may, by 
rule, require.

(c) Conditions for financial assistance; applications consistent with 
        related State programs and health plans

    (1) The Secretary may not provide financial assistance to States, 
schools, or hospitals for energy conservation projects unless the 
application for a grant for such project is submitted through, or 
approved by the appropriate State hospital facilities agency or State 
school facilities agency, respectively, and determined by the State 
energy agency to comply with the State plan.
    (2) Applications of States, schools, and hospitals and State plans 
pursuant to this part shall be consistent with--
        (A) related State programs for educational facilities in such 
    State, and
        (B) State health plans under section 300m-3(c)(2) \1\ and 300o-2 
    \1\ of this title, and shall be coordinated through the review 
    mechanisms required under section 300m-2 \1\ of this title and 
    section 1320a-1 of this title.
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    \1\ See References in Text note below.
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(d) Compliance required for approval; reasons for disapproval; 
        resubmittal; amendment

    The Secretary shall approve such applications submitted by a State 
energy agency as he determines to be in compliance with this section and 
with the requirements of the applicable State plan approved under 
section 6371c of this title. The Secretary shall state the reasons for 
his disapproval in the case of any application which he disapproves. Any 
application not approved by the Secretary may be resubmitted by the 
applicant at any time in the same manner as the original application and 
the Secretary shall approve such resubmitted application as he 
determines to be in compliance with this section and the requirements of 
the State plan. Amendments of an application shall, except as the 
Secretary may otherwise provide, be subject to approval in the same 
manner as the original application. All or any portion of an application 
under this section may be disapproved to the extent that funds are not 
available under this part to carry out such application or portion.

(e) Suspension of further assistance for failure to comply

    Whenever the Secretary, after reasonable notice and opportunity for 
hearing to any State, school, or hospital receiving assistance under 
this part, finds that there has been a failure to comply substantially 
with the provisions set forth in the application approved under this 
section, the Secretary shall notify the State, school, or hospital that 
further assistance will not be made available to such State, school or 
hospital under this part until he is satisfied that there is no longer 
any such failure to comply. Until he is so satisfied no further 
assistance shall be made to such State, school, or hospital under this 
part.

(Pub. L. 94-163, title III, Sec. 395, as added Pub. L. 95-619, title 
III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3244.)

                       References in Text

    Sections 300m-2 and 300m-3 of this title, referred to in subsec. 
(c)(2)(B), were repealed effective Jan. 1, 1987, by Pub. L. 99-660, 
title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799.
    Section 300o-2 of this title, referred to in subsec. (c)(2)(B), was 
repealed by Pub. L. 96-79, title II, Sec. 202(a), Oct. 4, 1979, 93 Stat. 
632.

                  Section Referred to in Other Sections

    This section is referred to in section 6371e of this title.
