
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: 42USC6371g]

 
                 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. 6371g. Allocation of grants


(a) Section 6371e grants

    (1) Except as otherwise provided in subsection (b) of this section, 
the Secretary shall allocate 90 percent of the amounts made available 
under section 6371f(b) \1\ of this title in any year for purposes of 
making energy conservation project grants pursuant to section 6371e of 
this title as follows:
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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        (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) of this 
section in any year shall not exceed 10 percent of the total amount 
allocated to all the States in such year under such subsection (a) of 
this section. 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.

(Pub. L. 94-163, title III, Sec. 398, as added Pub. L. 95-619, title 
III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3246; amended Pub. L. 98-454, 
title VI, Sec. 601(e), Oct. 5, 1984, 98 Stat. 1736.)

                       References in Text

    Section 6371f of this title, referred to in subsec. (a)(1), (2), was 
amended by Pub. L. 101-440, Sec. 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.

                  Section Referred to in Other Sections

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