
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8401]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                   SUBCHAPTER VI--FINANCIAL ASSISTANCE
 
Sec. 8401. Assistance to areas impacted by increased coal or 
        uranium production
        

(a) Designation of impacted areas

    (1) In accordance with such criteria and guidelines as the Secretary 
of Agriculture shall, by rule, prescribe, the Governor of any State may 
designate any area within such State for the purposes of this section, 
if he finds that--
        (A) either (i) employment in coal or uranium production 
    development activities in such area has increased for the most 
    recent calendar year by 8 percent or more from the immediately 
    preceding year or (ii) employment in such activities will increase 8 
    percent or more per year during each of the 3 calendar years 
    beginning after the date of such finding;
        (B) such employment increase has required or will require 
    substantial increases in housing or public facilities and services 
    or a combination of both in such area; and
        (C) the State and the local government or governments serving 
    such area lack the financial and other resources to meet any such 
    increases in public facilities and services within a reasonable 
    time.

The Secretary of Agriculture shall prescribe a rule containing criteria 
and guidelines for making a designation under this subsection, after 
consultation with the Secretary of Labor and the Secretary of Energy, 
not later than 180 days after the effective date of this chapter.
    (2) For purposes of paragraph (1)(C), increased revenues, including 
severance tax revenues, royalties, and similar fees to the State and 
local governments which are associated with the increase in coal or 
uranium development activities and which are not prohibited from being 
used under provisions of law in effect on November 9, 1978, shall be 
taken into account in determining if a State or local government lacks 
financial resources.
    (3) The Secretary shall, after consultation with the Secretary of 
Agriculture, approve any designation of an area under paragraph (1) only 
if--
        (A) the Governor of the State making the designation provides 
    the Secretary in writing with the data and information on which such 
    designation was made, together with such additional information as 
    the Secretary may require to carry out the purposes of this section; 
    and
        (B) the Secretary determines that the requirements of 
    subparagraphs (A), (B), and (C) of paragraph (1) have been met.

(b) Planning grants

    (1) The Secretary of Agriculture may make a grant to any State in 
which there is an area designated and approved under subsection (a) of 
this section for the purposes of developing a plan for such area which 
shall include determinations of--
        (A) the anticipated level of coal or uranium production 
    activities in such area;
        (B) the socio-economic impacts which have occurred or which are 
    reasonably projected to occur as a result of the increase in coal or 
    uranium production activities;
        (C) the availability and location of resources within such area 
    to meet the increased needs resulting from socio-economic impacts 
    determined under subparagraph (B) (such as any increased need for 
    housing, or public facilities and services); and
        (D) the nature and expense of measures necessary to meet within 
    a reasonable time the increased needs resulting from such impact for 
    which there are no resources reasonably available other than under 
    this section.

    (2)(A) Any grant for developing a plan under this subsection shall 
be for an amount equal to 100 percent of the costs of such plan, as 
determined by the Secretary of Agriculture.
    (B) The aggregate amount granted under this subsection in any fiscal 
year may not exceed 10 percent of the total amount appropriated for 
purposes of this section for such year.
    (3) The Governor of a State receiving a grant under this subsection 
for developing a plan shall submit a copy of such plan to the Secretary 
of Agriculture as soon as practicable after it has been prepared.

(c) Land acquisition and development grants

    (1) In the case of any real property--
        (A) within an area for which a plan meeting the requirements of 
    subsection (b)(1) of this section has been approved;
        (B) which is for housing or public facilities determined in such 
    plan as necessary due to an increase in employment due to coal or 
    uranium development activities;
        (C) with respect to which the Secretary of Agriculture has 
    determined that the State and the local governments serving such 
    area do not have the financial resources to acquire or the legal 
    authority to acquire by condemnation; and
        (D) with respect to which there has been an approval in writing 
    by the Governor of such State that the Secretary of Agriculture 
    exercise his authority under this paragraph;

the Secretary of Agriculture may acquire such real property or interest 
therein, by purchase, donation, lease, or exchange. Property so acquired 
shall be transferred to the State under such terms and conditions as the 
Secretary of Agriculture deems appropriate. Such terms and conditions 
shall provide for the reimbursement to the Secretary of Agriculture for 
the fair market value of the property, as determined by the Secretary of 
Agriculture. The value of any improvement of such property made after 
such acquisition shall not be taken into account in determining the fair 
market value of such property under this subsection. Amounts so received 
by the Secretary of Agriculture shall be deposited in the Treasury of 
the United States as miscellaneous receipts.
    (2) Any approval by a Governor of a State under paragraph (1)(D) 
shall constitute a binding commitment of such State to accept the 
property to be acquired and to provide reimbursement for the amount of 
the fair market value of such property, as determined under paragraph 
(1).
    (3) The Secretary of Agriculture may acquire property under 
paragraph (1) by condemnation only if he finds that--
        (A) such property is not available by means other than 
    condemnation at a price which does not substantially exceed the fair 
    market value of such property;
        (B) other real property is not similarly available which is 
    within the same designated area and which is suitable for the 
    purposes to which the property involved is to be applied; and
        (C) the State and the local governments serving such area lack 
    the legal authority to acquire such property by condemnation.

    (4)(A) In the case of any real property which meets the requirements 
of subparagraphs (A), (B), and (C) of paragraph (1), the Secretary of 
Agriculture may make a grant to the State in which such property is 
located for the purposes of acquiring such property, and for any site 
development which is consistent with the plan developed under subsection 
(b) of this section.
    (B) In the case of property acquired by the Secretary of Agriculture 
under paragraph (1) and transferred to the State, the Secretary of 
Agriculture may make a grant to such unit of government for the purposes 
of site development which is consistent with such plan.
    (C) Grants for real property acquisition or site development or both 
under this paragraph may not exceed 75 percent of the costs thereof, as 
determined by the Secretary of Agriculture.
    (5) In the selection of real property for acquisition and in such 
acquisition under this subsection, preference shall be given to real 
property which the Secretary of Agriculture determines at such time to 
be unoccupied or previously mined and abandoned.
    (6)(A) Property held by the United States in trust for Indians or 
any Indian tribe may not be acquired by condemnation under this section.
    (B) No property within the National Forest System (as defined in 
section 1609 \1\ of title 16) may be exchanged by the Secretary in any 
acquisition under paragraph (1).
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    \1\ See References in Text note below.
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(d) General requirements regarding assistance

    (1) Assistance under this section shall be provided only upon 
application, which application shall contain such information as the 
Secretary of Agriculture shall prescribe.
    (2) The Secretary of Agriculture may make any grant under this 
section in whole or in part to the local government or governments 
serving an area designated and approved under subsection (a) of this 
section, or to a council of local governments which includes one or more 
local governments serving such area (in lieu of making such grant solely 
to the State), if he has determined, after consultation with the 
Governor of the State, that to do so would be appropriate.
    (3) The Secretary of Agriculture shall prescribe, by rule, criteria 
for the allocation of assistance under this section. Such criteria shall 
give due weight to the magnitude of the employment increase involved, 
the financial resources of the designated area, and the ratio of the 
financial burden on the area to the resources available to such area.
    (4) Assistance under this section shall be provide only if the 
Secretary of Agriculture is satisfied that--
        (A) the amounts expended by the State and the local governments 
    involved for the same purposes for which such assistance is provided 
    will not be reduced; and
        (B) the amount of such assistance does not reflect any amount 
    for which other Federal financial assistance is provided or on 
    proper application would be provided.

(e) ``Coal or uranium development activities'' and ``site development'' 
        defined

    For the purposes of this section--
        (1) The term ``coal or uranium development activities'' means 
    the production, processing, or transportation of coal or uranium.
        (2) The term ``site development'' means necessary off-site 
    improvements, such as the construction of sewer and water 
    connections, construction of access roads, and appropriate site 
    restoration, but does not include any portion of the construction of 
    housing or public facilities.

(f) Reports

    Any person regularly engaged in any coal or uranium development 
activity within an area designated and approved under subsection (a) of 
this section shall prepare and transmit a report to the Secretary of 
Energy within 90 days after a written request to such person by the 
Governor of the State in which such area is located. Such report shall 
include--
        (1) projected employment levels for such activity by such person 
    within such area during each of the following 3 calendar years;
        (2) the projected increase in employees in such area to engage 
    in such activity during each of such calendar years;
        (3) the projected quantity of coal (or uranium) to be produced, 
    processed, or transported by such person during each of such 
    calendar years; and
        (4) actions such companies plan to take or are taking to provide 
    needed housing and other facilities for their employees directly or 
    by providing funds to the States or local communities for this 
    purpose.

Copies of the report shall be provided to the Secretary of Energy and 
the Secretary shall, subject to the provisions of section 796(d) of 
title 15, provide the report to the Secretary of Agriculture, the 
Governor, and the appropriate county or local officials and make it 
available for public review.

(g) Administration

    The Secretary of Agriculture shall carry out his responsibilities 
under this section through the Farmers Home Administration and such 
other agencies within the Department of Agriculture as he may determine 
appropriate.

(h) Appropriations authorization

    (1) \2\ There is hereby authorized to be appropriated to the 
Secretary of Energy for purposes of this section, $60,000,000 for fiscal 
year 1979 and $120,000,000 for fiscal year 1980. The Secretary of Energy 
and the Secretary of Agriculture shall enter into an agreement for the 
allocation of funds appropriated pursuant to this section for carrying 
out their respective responsibilities under this section, including the 
amounts for personnel and administrative costs, and upon such agreement, 
the Secretary of Energy shall transfer to the Secretary of Agriculture 
amounts determined under that agreement.
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    \2\ So in original. No par. (2) has been enacted.
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(i) Protection from certain hazardous actions

    Federal agencies having responsibilities concerning the health and 
safety of any person working in any coal, uranium, metal, or nonmetallic 
mine regulated by any Federal agency shall interpret and utilize their 
authorities fully and promptly, including the promulgation of standards 
and regulations, to protect existing and future housing, property, 
persons, and public facilities located adjacent to or near active and 
abandoned coal, uranium, metal, and nonmetallic mines from actions 
occurring at such activities that pose a hazard to such property or 
persons.

(j) Reorganization

    The authority of the Secretary of Agriculture and the authority of 
the Secretary of Energy under this section may not be transferred to any 
other Secretary or to any other Federal agency under chapter 9 of title 
5 or under any other provision of law, other than under specific 
provisions of a law enacted after November 9, 1978. The preceding 
provisions of this subsection shall not preclude either Secretary from 
delegating any such authority to any officer, employee, or entity within 
such Secretary's department.

(Pub. L. 95-620, title VI, Sec. 601, Nov. 9, 1978, 92 Stat. 3323.)

                       References in Text

    The effective date of this chapter, referred to in subsec. (a)(1), 
is the effective date of Pub. L. 95-620. See section 901 of Pub. L. 95-
620, set out as an Effective Date note under section 8301 of this title.
    Section 1609 of title 16, referred to in subsec. (c)(6)(B), was in 
the original ``section 10 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974''. Such section 10 is classified to 
section 1608 of title 16 but has been editorially translated as section 
1609 of title 16 as the probable intent of Congress in that the 
properties defined as being in the National Forest System appear in 
section 1609.

                  Section Referred to in Other Sections

    This section is referred to in section 8401a of this title.
