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42 U.S.C. § 8473 (THE PUBLIC HEALTH AND WELFARE)
§ 8473. Environmental impact statements under section 4332 of this title
The following actions are not deemed to be major Federal actions for purposes of section 4332(2)(C) of this title:
(1) the grant or denial of any temporary exemption under this chapter for any electric powerplant;
(2) the grant or denial of any permanent exemption under this chapter for any existing electric powerplant, other than an exemption—
(A) under section 8352(c) of this title, relating to cogeneration;
(B) Repealed. Pub. L. 100–42, § 1(c)(24)(B), May 21, 1987, 101 Stat. 314;
(C) under section 8352(b) of this title, relating to certain State or local requirements;
(D) under section 8352(g) of this title, relating to certain intermediate load powerplants; and
(3) the grant or denial of any exemption under this chapter for any powerplant for which the Secretary finds, in consultation with the appropriate Federal agency, and publishes such finding that an environmental impact statement is required in connection with another Federal action and such statement will be prepared by such agency and will reflect the exemption adequately.
Except as provided in the preceding provisions of this section, any determination of what constitutes or does not constitute a major Federal action shall be made under section 4332 of this title.
(Pub. L. 95–620, title VII, § 763, Nov. 9, 1978, 92 Stat. 3346; Pub. L. 100–42, § 1(c)(24), May 21, 1987, 101 Stat. 314.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Amendments
text: 1987—Par. (1). Pub. L. 100–42, § 1(c)(24)(A), struck out “or major fuel-burning installation” after “powerplant”.
Par. (2). Pub. L. 100–42, § 1(c)(24), struck out “or major fuel-burning installation” after “powerplant” and struck out subpar. (B) which read as follows: “under section 8352(l) of this title, relating to scheduled equipment outages;”.
Par. (3). Pub. L. 100–42, § 1(c)(24)(A), struck out “or major fuel-burning installation” after “powerplant”.
42 U.S.C. § 8481 (THE PUBLIC HEALTH AND WELFARE)
§ 8481. Repealed. Pub. L. 100–42, § 1(a)(7), May 21, 1987, 101 Stat. 310
text: Section, Pub. L. 95–620, title VIII, § 801, Nov. 9, 1978, 92 Stat. 3346, required annual disclosure of extent, characteristics, and productive capacity of coal reserves, and of interests held therein, with discretionary exception for small reserves, and publication of such information by Secretary.
42 U.S.C. § 8482 (THE PUBLIC HEALTH AND WELFARE)
§ 8482. Repealed. Pub. L. 104–66, title I, § 1051(e), Dec. 21, 1995, 109 Stat. 716
text: Section, Pub. L. 95–620, title VIII, § 806, Nov. 9, 1978, 92 Stat. 3348, directed Secretary of Energy to submit annual report to Congress on actions already taken and actions to be taken under this chapter and under section 792 of title 15.
42 U.S.C. § 8483 (THE PUBLIC HEALTH AND WELFARE)
§ 8483. Submission of reports
Copies of any report required by this chapter to be submitted to the Congress shall be separately submitted to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(Pub. L. 95–620, title VIII, § 807, Nov. 9, 1978, 92 Stat. 3348.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Change of Name
text: Committee on Interstate and Foreign Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives immediately prior to noon on Jan. 3, 1981, by House Resolution No. 549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
42 U.S.C. § 8502 (THE PUBLIC HEALTH AND WELFARE)
§ 8502. Definitions
For purposes of this chapter—
(1) The term “severe energy supply interruption”, when used with respect to motor fuel or any other energy source, means a national energy supply shortage of such energy source which the President determines—
(A) is, or is likely to be, of significant scope and duration;
(B) may cause major adverse impact on national security or the national economy; and
(C) results, or is likely to result, from an interruption in the energy supplies of the United States, including supplies of imported petroleum products, or from sabotage or an act of God.
(2) The term “international energy program” has the meaning given that term in section 6202(7) of this title.
(3) The term “motor fuel” means gasoline and diesel fuel.
(4) The term “person” includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government or any agency of the United States or any State or political subdivision thereof.
(5) The term “vehicle” means any vehicle propelled by motor fuel and manufactured primarily for use on public streets, roads, and highways.
(6) The term “Secretary” means the Secretary of Energy.
(7) The term “Governor” means the chief executive officer of a State.
(8) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.
(Pub. L. 96–102, title II, § 202, Nov. 5, 1979, 93 Stat. 757.)
42 U.S.C. § 8514 (THE PUBLIC HEALTH AND WELFARE)
§ 8514. Judicial review
(a) State actions
(1) Any State may institute an action in the appropriate district court of the United States, including actions for declaratory judgment, for judicial review of—
(A) any target established by the President under section 8511(a) of this title;
(B) any finding by the President under section 8513(b)(1)(A) of this title, relating to the achievement of the emergency energy conservation target of such State, or 8513(b)(2) of this title, relating to the achievement of the emergency energy conservation target of such State or the failure to carry out the assurances regarding implementation contained in an approved plan of such State; or
(C) any determination by the Secretary disapproving a State plan under section 8512(c) of this title, including any determination by the Secretary under section 8512(c)(1)(B) of this title that the plan is likely to impose an unreasonably disproportionate share of the burden of restrictions of energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof.
Such action shall be barred unless it is instituted within 30 calendar days after the date of publication of the establishment of a target referred to in subparagraph (A), the finding by the President referred to in subparagraph (B), or the determination by the Secretary referred to in subparagraph (C), as the case may be.
(2) The district court shall determine the questions of law and upon such determination certify such questions immediately to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc.
(3) Any decision by such court of appeals on a matter certified under paragraph (2) shall be reviewable by the Supreme Court upon attainment of a writ of certiorari. Any petition for such a writ shall be filed no later than 20 days after the decision of the court of appeals.
(b) Repealed. Pub. L. 98–620, title IV, § 402(42), Nov. 8, 1984, 98 Stat. 3360
(c) Injunctive relief
With respect to judicial review under subsection (a)(1)(A) of this section, the court shall not have jurisdiction to grant any injunctive relief except in conjunction with a final judgment entered in the case.
(Pub. L. 96–102, title II, § 214, Nov. 5, 1979, 93 Stat. 764; Pub. L. 98–620, title IV, § 402(42), Nov. 8, 1984, 98 Stat. 3360.)
heading: Amendments
text: 1984—Subsec. (b). Pub. L. 98–620 struck out subsec. (b) which required the court of appeals to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsec. (a)(2).
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
42 U.S.C. § 8515 (THE PUBLIC HEALTH AND WELFARE)
§ 8515. Reports
(a) Monitoring
The Secretary shall monitor the implementation of State emergency conservation plans and of the standby Federal conservation plan and make such recommendations to the Governor of each affected State as he deems appropriate for modification to such plans.
(b) Omitted
(Pub. L. 96–102, title II, § 215, Nov. 5, 1979, 93 Stat. 765.)
heading: Codification
text: Subsec. (b) of this section, which required the President to report annually to Congress on any activities undertaken pursuant to this subchapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 20th item on page 19 of House Document No. 103–7.
42 U.S.C. § 8522 (THE PUBLIC HEALTH AND WELFARE)
§ 8522. Out-of-State vehicles to be exempted from odd-even motor fuel purchase restrictions
(a) General rule
Notwithstanding any provision of any Federal, State, or local law, any odd-even fuel purchase plan in effect in any State may not prohibit the sale of motor fuel to any person for use in a vehicle bearing a license plate issued by any authority other than that State or a State contiguous to that State.
(b) “Odd-even fuel purchase plan” defined
For purposes of this section the term “odd-even fuel purchase plan” means any motor fuel sales restriction under which a person may purchase motor fuel for use in any vehicle only on days (or other periods of time) determined on the basis of a number or letter appearing on the license plate of that vehicle (or on any similar basis).
(Pub. L. 96–102, title II, § 222, Nov. 5, 1979, 93 Stat. 767.)
42 U.S.C. § 8531 (THE PUBLIC HEALTH AND WELFARE)
§ 8531. Study and report
(a) Study of commercial and industrial storage of fuel
Not later than 180 days after November 5, 1979, the Secretary shall conduct a study and report to the Congress regarding the commercial and industrial storage of gasoline and middle distillates (other than storage in facilities which have capacities of less than 500 gallons or storage used exclusively and directly for agricultural, residential, petroleum refining, or pipeline transportation purposes).
(b) Contents of report
Such report shall—
(1) indicate to what extent storage activities have increased since November 1, 1978, and what business establishments (including utilities) have been involved;
(2) the estimated amount of gasoline and middle distillates (in the aggregate and by type and region) which are in storage within the United States at the time of the study, the amounts which were in storage at the same time during the calendar year preceding the study, and the purposes for which such storage is maintained; and
(3) contain such findings and recommendations for legislation and administrative action as the Secretary considers appropriate, including recommendations for improving the availability and quality of data concerning such storage.
(Pub. L. 96–102, title II, § 241, Nov. 5, 1979, 93 Stat. 768.)
42 U.S.C. § 8532 (THE PUBLIC HEALTH AND WELFARE)
§ 8532. Middle distillate monitoring program
(a) Monitoring program
(1) Not later than 60 days after November 5, 1979, the Secretary shall establish and maintain a data collection program for monitoring, at the refining, wholesale, and retail levels, the supply and demand levels of middle distillates on a periodic basis in each State.
(2) The program to be established under paragraph (1) shall provide for—
(A) the prompt collection of relevant demand and supply data under the authority available to the Secretary under other law; and
(B) the submission to Congress of periodic reports each containing a concise narrative analysis of the most recent data which the Secretary determines are accurate, and a discussion on a State-by-State basis of trends in such data which the Secretary determines are significant.
(3) All data and information collected under this program shall be available to the Congress and committees of the Congress, and, in accordance with otherwise applicable law, to appropriate State and Federal agencies and the public.
(4) Nothing in this subsection authorizes the direct or indirect regulation of the price of any middle distillate.
(5) For purposes of this section, the term “middle distillate” has the same meaning as given that term in section 211.51 of title 10, Code of Federal Regulations, as in effect on November 5, 1979.
(b) Report
Before December 31, 1979, the President shall submit a report to Congress in which the President shall examine the middle distillate situation, summarizing the data, information, and analyses described in subsection (a) of this section and discussing in detail matters required to be addressed in findings made pursuant to section 760a(d)(1) 1 of title 15.
(Pub. L. 96–102, title II, § 242, Nov. 5, 1979, 93 Stat. 768.)
heading: References in Text
text: Section 760a of title 15, referred to in subsec. (b), was omitted from the Code pursuant to section 760g of Title 15, Commerce and Trade, which provided for the expiration of the President’s authority under that section on Sept. 30, 1981.
42 U.S.C. § 8541 (THE PUBLIC HEALTH AND WELFARE)
§ 8541. Administration
(a) Information
(1) The Secretary shall use the authority provided under section 796 of title 15 for the collection of such information as may be necessary for the enforcement of the provisions of subchapters I and II of this chapter.
(2) In carrying out his responsibilities under this chapter, the Secretary shall insure that timely and adequate information concerning the supplies, pricing, and distribution of motor fuels (and other energy sources which are the subject of targets in effect under section 8511 of this title) is obtained, analyzed, and made available to the public. Any Federal agency having responsibility for collection of such information under any other authority shall cooperate fully in facilitating the collection of such information.
(b) Effect on other laws
No State law or State program in effect on November 5, 1979, or which may become effective thereafter, shall be superseded by any provision of this chapter, or any rule, regulation, or order thereunder, except insofar as such State law or State program is in conflict with any such provision of section 8513 or 8521 of this title (or any rule, regulation, or order under this subchapter relating thereto) in any case in which measures have been implemented in that State under the authority of section 8513 or 8521 of this title (as the case may be).
(c) Termination
(1) The provisions of subchapters I, II, III, and IV of this chapter, including any actions taken thereunder, shall cease to have effect on July 1, 1983.
(2) Such expiration shall not affect any action or pending proceeding, administrative or civil, not finally determined on such date, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such expiration date.
(Pub. L. 96–102, title II, § 251, Nov. 5, 1979, 93 Stat. 769.)
42 U.S.C. § 8601 to 8612 (THE PUBLIC HEALTH AND WELFARE)
§§ 8601 to 8612. Repealed. Pub. L. 97–35, title XXVI, § 2611, Aug. 13, 1981, 95 Stat. 902
text: Section 8601, Pub. L. 96–223, title III, § 302, Apr. 2, 1980, 94 Stat. 288, set forth Congressional findings and declaration of purpose for low-income energy assistance program.
text: Section 8602, Pub. L. 96–223, title III, § 303, Apr. 2, 1980, 94 Stat. 288, defined “household”, “home energy”, “lower living standard income level”, “Secretary”, and “State”.
text: Section 8603, Pub. L. 96–223, title III, § 304, Apr. 2, 1980, 94 Stat. 289, related to authorizations for home energy grants.
text: Section 8604, Pub. L. 96–223, title III, § 305, Apr. 2, 1980, 94 Stat. 289, set forth eligibility requirements for households.
text: Section 8605, Pub. L. 96–223, title III, § 306, Apr. 2, 1980, 94 Stat. 289, set forth provisions respecting allotments for grants.
text: Section 8606, Pub. L. 96–223, title III, § 307, Apr. 2, 1980, 94 Stat. 293, set forth limitations on uses of home energy grants for fiscal year 1981.
text: Section 8607, Pub. L. 96–223, title III, § 308, Apr. 2, 1980, 94 Stat. 294, set forth provisions respecting submission, contents, etc., for State plans.
text: Section 8608, Pub. L. 96–223, title III, § 309, Apr. 2, 1980, 94 Stat. 298, related to uniform collection data.
text: Section 8609, Pub. L. 96–223, title III, § 310, Apr. 2, 1980, 94 Stat. 298, related to amount and methods of payment.
text: Section 8610, Pub. L. 96–223, title III, § 311, Apr. 2, 1980, 94 Stat. 298, related to withholding of payments.
text: Section 8611, Pub. L. 96–223, title III, § 312, Apr. 2, 1980, 94 Stat. 298, set forth criminal penalties for violations of provisions.
text: Section 8612, Pub. L. 96–223, title III, § 313(a)–(c)(1), (d)–(g), Apr. 2, 1980, 94 Stat. 298, 299, related to administration and implementation of energy assistance programs.
heading: Effective Date of Repeal
text: Pub. L. 97–35, title XXVI, § 2611, Aug. 13, 1981, 95 Stat. 902, provided that the repeal made by that section is effective Oct. 1, 1981.
heading: Short Title
text: Pub. L. 96–223, title III, § 301, Apr. 2, 1980, 94 Stat. 288, provided that title III of Pub. L. 96–223, which enacted sections 8601 to 8612 of this title, and amended section 2014(d) of Title 7, Agriculture, was to be cited as the “Home Energy Assistance Act of 1980”, prior to repeal by Pub. L. 97–35, title XXVI, § 2611, Aug. 13, 1981, 95 Stat. 902.
42 U.S.C. § 8625 (THE PUBLIC HEALTH AND WELFARE)
§ 8625. Nondiscrimination provisions
(a) Prohibitions
No person shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this subchapter. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in section 794 of title 29 also shall apply to any such program or activity.
(b) Procedures applicable to secure compliance
Whenever the Secretary determines that a State that has received a payment under this subchapter has failed to comply with subsection (a) of this section or an applicable regulation, he shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 794 of title 29, as may be applicable; or (3) take such other action as may be provided by law.
(c) Maintenance of civil actions
When a matter is referred to the Attorney General pursuant to subsection (b) of this section, or whenever he has reason to believe that the State is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.
(Pub. L. 97–35, title XXVI, § 2606, Aug. 13, 1981, 95 Stat. 900.)
heading: References in Text
text: The Age Discrimination Act of 1975, referred to in subsecs. (a) and (b), is title III of Pub. L. 94–135, Nov. 28, 1975, 78 Stat. 728, as amended, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
42 U.S.C. § 8628 (THE PUBLIC HEALTH AND WELFARE)
§ 8628. Limitation on use of grants for construction
Grants made under this subchapter may not be used by the State, or by any other person with which the State makes arrangements to carry out the purposes of this subchapter, for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy-related home repairs) of any building or other facility.
(Pub. L. 97–35, title XXVI, § 2609, Aug. 13, 1981, 95 Stat. 902.)