[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1145]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 24--GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION
SUBCHAPTER II--LOAN GUARANTIES
Sec. 1145. Community impact assistance functions of Secretary of
Energy
(a) Determination of adequacy of community planning and development
financing in covered project localities; review of State and
local actions and sufficiency of available financing for
projects on leased Federal lands
The Secretary of Energy, for any project which has a guarantee under
this subchapter of not less than $50,000,000 and which will have an
intended operating life of not less than five years to satisfy the
purposes under this subchapter for which the guarantee has been made,
shall endeavor to insure that, taking into consideration appropriate
local community action and all reasonably available forms of assistance
under this section and other Federal and State statutes, that \1\ the
impacts resulting from the proposed project have been fully evaluated by
the borrower, the Secretary of Energy, and the Governor of the affected
State, and that effective steps have been taken or will be taken in a
timely manner to finance community planning and development costs
resulting from such project under this section, if applicable under
other provisions of law, or by other means. When the project will be
located on leased Federal lands, the Secretary of Energy shall
specifically review State and local actions under section 9(a) of the
Mineral Leasing Act Amendments of 1976 (Public Law 94-377) and insure
that any funds made available to the State pursuant to such section 9(a)
are used to finance such planning and development costs before any
Federal assistance under subsection (c) of this section is considered or
authorized.
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\1\ So in original. The second ``that'' appearing in this sentence
probably should not appear.
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(b) Discretionary activities for communities with projects not subject
to coverage
The Secretary of Energy, for projects not included under subsection
(a) of this section, may in his discretion consider the community
impacts which may result from such projects, and may take such actions,
under authority directly available to him under other statutes or in
coordination with other Federal agencies or the State, as he considers
necessary and appropriate to insure timely and effective planning and
financing for such community impacts.
(c) Guarantees, commitments to guarantee, direct loans, and grants;
scope, terms and conditions, amount, etc.
(1) In order to discharge his responsibilities under subsection (a)
of this section, and in accordance with such rules and regulations as
the Secretary of Energy in consultation with the Secretary of the
Treasury shall prescribe, and subject to such terms and conditions as he
deems appropriate, the Secretary of Energy is authorized, for the
purposes of financing essential community development and planning which
directly result from, or are necessitated by, a project under subsection
(a) of this section, to--
(A) guarantee and make commitments to guarantee the payment of
interest on, and the principal balance of, obligations for such
financing issued by eligible States, political subdivisions, or
Indian tribes,
(B) guarantee and make commitments to guarantee the payment of
taxes imposed on such project by eligible non-Federal taxing
authorities which taxes are earmarked by such authorities to support
the payment of interest and principal on obligations for such
financing, and
(C) require that the qualified borrower receiving assistance for
a project under this section advance sums to eligible States,
political subdivisions, and Indian tribes to pay for the financing
of such development and planning: Provided, That the State,
political subdivision, or Indian tribe agrees to provide tax
abatement credits over the life of the project for such payments by
such applicant.
(2) No guarantee or commitment to guarantee under paragraph (1) of
this subsection shall exceed $1,000,000.
(3) In the event of any default by the borrower in the payment of
taxes guaranteed by the Secretary of Energy under this section, the
Secretary of Energy shall pay out of the fund established by this
subchapter such taxes at the time or times they may fall due, and shall
have by reason of such payment a claim against the borrower for all sums
paid plus interest.
(4) If after consultation with \2\ State, political subdivision, or
Indian tribe, the Secretary of Energy finds that the financial
assistance programs of paragraph (1) of this section will not result in
sufficient funds to carry out the purposes of this subsection, then the
Secretary of Energy may--
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\2\ So in original. Probably should be followed by ``the''.
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(A) make direct loans to the eligible States, political
subdivisions, or Indian tribes for such purposes: Provided, That
such loans shall be made on such reasonable terms and conditions as
the Secretary of Energy shall prescribe: Provided further, That the
Secretary of Energy may waive repayment of all or part of a loan
made under this paragraph, including interest, if the State or
political subdivision or Indian tribe involved demonstrates to the
satisfaction of the Secretary of Energy that due to a change in
circumstances there will be net adverse impacts resulting from such
project that would probably cause such State, subdivision, or tribe
to default on the loan; or
(B) require that any community development and planning costs
which are associated with, or result from, such project, and which
are determined by the Secretary of Energy to be appropriate for such
inclusion, shall be included in the aggregate costs of the project.
(5) The Secretary of Energy is further authorized to make grants to
States, political subdivisions, or Indian tribes for studying and
planning for the potential economic, environmental, and social
consequences of projects and for establishing related management
expertise.
(6) At any time the Secretary of Energy may, in consultation with
the Secretary of the Treasury, redeem, in whole or in part, out of the
fund established by this section, the debt obligations guaranteed or the
debt obligations for which tax payments are guaranteed under this
subsection.
(7) When one or more States, political subdivisions, or Indian
tribes would be eligible for assistance under this subsection, but for
the fact that construction and operation of the project occurs outside
its jurisdiction, the Secretary of Energy is authorized to provide, to
the greatest extent possible, arrangements for equitable sharing of such
assistance.
(8) Such amounts as may be necessary for direct loans and grants
pursuant to this subsection shall be available as provided in annual
authorization Acts.
(9) The Secretary of Energy, if appropriate, shall provide
assistance in the financing of up to 100 per centum of the costs of the
required community development and planning pursuant to this section.
(10) In carrying out the provisions of this section, the Secretary
of Energy shall provide that title to any facility receiving financial
assistance under this section shall vest in the applicable State,
political subdivision, or Indian tribe, as appropriate, and in the case
of default by the borrower on a loan guarantee made or committed under
subsection (b) of this section, such facility shall not be considered a
project asset for the purposes of section 1142 of this title.
(11) The Secretary of Energy shall not use his authority under this
subsection to provide Federal assistance unless any Federal funds
transferred pursuant to section 9(a) of the Mineral Leasing Act
Amendments of 1976 (Public Law 94-377) to the State from the lease of
Federal land for or associated with the project have been or, with
assurance, will be committed, to the maximum extent allowable under
Federal statutes, to financing such essential community development or
planning directly resulting from, or necessitated by, a project on
leased Federal lands.
(Pub. L. 93-410, title II, Sec. 205, as added Pub. L. 95-238, title V,
Sec. 512, Feb. 25, 1978, 92 Stat. 89; amended Pub. L. 95-91, title III,
Sec. 301(a), title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat. 577, 606,
607.)
References in Text
Section 9(a) of the Mineral Leasing Act Amendments of 1976 (Public
Law 94-377), referred to in subsecs. (a) and (c)(11), probably means the
Federal Coal Leasing Amendments Act of 1976, Pub. L. 94-377, Sec. 9(a),
Aug. 4, 1976, 90 Stat. 1090, as amended, which amended section 191 of
this title.
Transfer of Functions
``Secretary of Energy'' substituted in text for ``Administrator''
(meaning Administrator of Energy Research and Development
Administration, see section 501(2) of Pub. L. 95-238, title V, Feb. 25,
1978, 92 Stat. 86), pursuant to sections 301(a), 703, and 707 of Pub. L.
95-91, which are classified to sections 7151(a), 7293, and 7297 of Ti
