42 U.S.C. § 8401 : US Code - Section 8401: Assistance to areas impacted by increased coal or uranium production

Search 42 U.S.C. § 8401 : US Code - Section 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).
(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.
(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.