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Title 42 — The Public Health and Welfare

Part C · Chapter 152 — Energy Independence and Security

§ 17153. Allocation of funds

Statutory text

(a)

In general

Of amounts made available to provide grants under this part for each fiscal year, the Secretary shall allocate—

(1)

34 percent to eligible units of local government—alternative 1, in accordance with subsection (b);

(2)

34 percent to eligible units of local government—alternative 2, in accordance with subsection (b);

(3)

28 percent to States in accordance with subsection (c);

(4)

2 percent to Indian tribes in accordance with subsection (d); and

(5)

2 percent for competitive grants under section 17156 of this title.

(b)

Eligible units of local government

Of amounts available for distribution to eligible units of local government under subsection (a)(1) or (2), the Secretary shall provide grants to eligible units of local government under this section based on a formula established by the Secretary according to—

(1)

the populations served by the eligible units of local government, according to the latest available decennial census; and

(2)

the daytime populations of the eligible units of local government and other similar factors (such as square footage of commercial, office, and industrial space), as determined by the Secretary.

(c)

States

Of amounts available for distribution to States under subsection (a)(2), the Secretary shall provide—

(1)

not less than 1.25 percent to each State; and

(2)

the remainder among the States, based on a formula to be established by the Secretary that takes into account—

(A)

the population of each State; and

(B)

any other criteria that the Secretary determines to be appropriate.

(d)

Indian tribes

Of amounts available for distribution to Indian tribes under subsection (a)(3), the Secretary shall establish a formula for allocation of the amounts to Indian tribes, taking into account any factors that the Secretary determines to be appropriate.

(e)

Publication of allocation formulas

Not later than 90 days before the beginning of each fiscal year for which grants are provided under this part, the Secretary shall publish in the Federal Register the formulas for allocation established under this section.

(f)

State and local advisory committee

The Secretary shall establish a State and local advisory committee to advise the Secretary regarding administration, implementation, and evaluation of the program.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Energy Independence and Security Act of 2007

    Pub. L. 110–140 title V § 543 · 121 Stat. 1492

    Enacted · 42 U.S.C. § 17153

    Pub. L. 110–140, title V, § 543, Dec. 19, 2007, 121 Stat. 1668

    Source evidence

    Code source credit
    Pub. L. 110–140, title V, § 543, Dec. 19, 2007, 121 Stat. 1668

    Enacted provision · exact public law section
    SEC. 543. ALLOCATION OF FUNDS. (a) In General.— Of amounts made available to provide grants under this subtitle for each fiscal year, the Secretary shall allocate— (1) 68 percent to eligible units of local government in accordance with subsection (b); (2) 28 percent to States in accordance with subsection (c); (3) 2 percent to Indian tribes in accordance with subsection (d); and (4) 2 percent for competitive grants under section 546. (b) Eligible Units of Local Government.— Of amounts available for distribution to eligible units of local government under subsection (a)(1), the Secretary shall provide grants to eligible units of local government under this section based on a formula established by the Secretary according to— (1) the populations served by the eligible units of local government, according to the latest available decennial census; and (2) the daytime populations of the eligible units of local government and other similar factors (such as square footage of commercial, office, and industrial space), as determined by the Secretary. (c) States.— Of amounts available for distribution to States under subsection (a)(2), the Secretary shall provide— (1) not less than 1.25 percent to each State; and (2) the remainder among the States, based on a formula to be established by the Secretary that takes into account— (A) the population of each State; and (B) any other criteria that the Secretary determines to be appropriate. (d) Indian Tribes.— Of amounts available for distribution to Indian tribes under subsection (a)(3), the Secretary shall establish a formula for allocation of the amounts to Indian tribes, taking into account any factors that the Secretary determines to be appropriate. (e) Publication of Allocation Formulas.— Not later than 90 days before the beginning of each fiscal year for which grants are provided under this subtitle, the Secretary shall publish in the Federal Register the formulas for allocation established under this section. (f) State and Local Advisory Committee.— The Secretary shall establish a State and local advisory committee to advise the Secretary regarding administration, implementation, and evaluation of the program.

  2. American Recovery and Reinvestment Act of 2009

    Pub. L. 111–5 § 404(a)(2) · 123 Stat. 115

    1. Added · 42 U.S.C. § 17153(a)(1)

      Pub. L. 111–5, § 404(a)(2), added par. (1)

    2. Struck · 42 U.S.C. § 17153(a)(1)

      Pub. L. 111–5, § 404(a)(2), struck out former par. (1) which read as follows: “68 percent to eligible units of local government in accordance with subsection (b);”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–5, § 404(a)(2), added par. (1) and struck out former par. (1) which read as follows: “68 percent to eligible units of local government in accordance with subsection (b);”.

    Enacted provision · exact public law section
    (2) by striking paragraph (1) and inserting the following: “(1) 34 percent to eligible units of local government—alternative 1, in accordance with subsection (b); “(2) 34 percent to eligible units of local government—alternative 2, in accordance with subsection (b);” .

  3. American Recovery and Reinvestment Act of 2009

    Pub. L. 111–5 § 404(a) · 123 Stat. 115

    1. Added · 42 U.S.C. § 17153(a)(2)(5)

      Pub. L. 111–5, § 404(a), added par. (2)

    2. Redesignated · 42 U.S.C. § 17153(a)(2)(5)

      Pub. L. 111–5, § 404(a), redesignated former pars. (2) to (4) as (3) to (5), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (5). Pub. L. 111–5, § 404(a), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.

    Enacted provision · exact public law section
    (a) Section 543(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153(a)) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by striking paragraph (1) and inserting the following: “(1) 34 percent to eligible units of local government—alternative 1, in accordance with subsection (b); “(2) 34 percent to eligible units of local government—alternative 2, in accordance with subsection (b);” .

  4. American Recovery and Reinvestment Act of 2009

    Pub. L. 111–5 § 404(b) · 123 Stat. 115

    Substituted · 42 U.S.C. § 17153(b)

    Pub. L. 111–5, § 404(b), substituted “subsection (a)(1) or (2)” for “subsection (a)(1)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–5, § 404(b), substituted “subsection (a)(1) or (2)” for “subsection (a)(1)” in introductory provisions.

    Enacted provision · exact public law section
    (b) Section 543(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153(b)) is amended by striking “subsection (a)(1)” and inserting “subsection (a)(1) or (2)”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments

2009—Subsec. (a)(1). Pub. L. 111–5, § 404(a)(2), added par. (1) and struck out former par. (1) which read as follows: “68 percent to eligible units of local government in accordance with subsection (b);”.

Subsec. (a)(2) to (5). Pub. L. 111–5, § 404(a), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.

Subsec. (b). Pub. L. 111–5, § 404(b), substituted “subsection (a)(1) or (2)” for “subsection (a)(1)” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after , see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

Credits

2007–2009 · 2 acts
  1. 2007Pub. L. 110–140, title V, § 543, , 121 Stat. 1668
  2. 2009Pub. L. 111–5, div. A, title IV, § 404(a), (b), , 123 Stat. 143.
Show as published

(Pub. L. 110–140, title V, § 543, , 121 Stat. 1668; Pub. L. 111–5, div. A, title IV, § 404(a), (b), , 123 Stat. 143.)

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