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approved by any State does not appear to be feasible and in the public
interest, the Secretary shall encourage such State to review such route
and to develop a route that is feasible and in the public interest. Any
exercise by the Secretary of the power of eminent domain under this
section shall be in accordance with other applicable provisions of Fed-
eral law. The Secretary shall provide public notice of his intention to Notice.
acquire any right-of-way before exercising such power of eminent
domain with respect to such right-of-way.

(b) PERMIT.-Notwithstanding any transfer of functions under the first sentence of section 301(b) of the Department of Energy Organization Act, no permit referred to in subsection (a)(1)(B) may be 42 USC 7151. issued unless the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act and 16 USC 824a. under the applicable execution order respecting the construction, operation, maintenance, or connection at the borders of the United States of facilities for the transmission of electric energy between the United States and a foreign country. Any finding of the Commission under an applicable executive order referred to in this subsection shall be treated for purposes of judicial review as an order issued under section 202(e) of the Federal Power Act.

(c) TIMELY ACQUISITION BY OTHER MEANS.—The Secretary may not acquire any rights-of-day under this section unless he determines that the holder or holders of a permit referred to in subsection (a) (1) (B) are unable to acquire such rights-of-way under State condemnation authority, or after reasonable opportunity for negotiation, without unreasonably delaying construction, taking into consideration the impact of such delay on completion of the facilities in a timely fashion.

(d) PAYMENTS BY PERMITTEES.-(1) The property interest acquired by the Secretary under this section (whether by eminent domain or other purchase) shall be transferred by the Secretary to the holder of a permit referred to in subsection (b) if such holder has made payment to the Secretary of the entire costs of the acquisition of such property interest, including administrative costs. The Secretary may accept, and expend, for purposes of such acquisition, amounts from any such person before acquiring a property interest to be transferred to such person under this section.

(2) If no payment is made by a permit holder under paragraph (1), within a reasonable time, the Secretary shall offer such rights-of-way to the original owner for reacquisition at the original price paid by the Secretary. If such original owner refuses to reacquire such property after a reasonable period, the Secretary shall dispose of such property in accordance with applicable provisions of law governing disposal of property of the United States.

(e) FEDERAL Law GOVERNING FEDERAL LANDS.—This section shall not affect any Federal law governing Federal lands.

(f) REPORTS.-The Secretary shall report annually to the Congress Report to on the actions, if any, taken pursuant to this section.


16 USC 2645. (a) MATCHING GRANTg.-The Secretary may make grants under this Grants. section to an institute established by the National Association of Regulatory Utility Commissioners to enable such institute to

(1) conduct research on electric and gas utility regulatory policy issues,

(2) develop data processing and retrieval methods for electric and gas utility ratemaking, and

(3) perform other functions directly related to assisting State regulatory authorities in carrying out their functions under State law and this Act. (b) FEDERAL SHARE.—Grants under this section shall not be used to provide more than the following percentages of the cost to the institute of carrying out the activities specified in subsection (a):

(1) 80 percent for the fiscal year 1979; and

(2) 60 percent for the fiscal year 1980. The remaining amounts expended by the institute may not be provided from Federal sources.

(c) RESTRICTIONS.—Grants under this section may not be made subject to terms and conditions other than those the Secretary deems necessary for purposes of administering this section and for purposes of assuring that

(1) all information gathered by the institute is available to the Secretary, the Commission, and the public, and

(2) no portion of any such grant is used to support or oppose any legislative proposal except by means of testimony by representatives of the institute provided by invitation to a committee of Congress or of a State legislature. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated not more than $2,000,000 for each of the fiscal years 1979 and 1980 for purposes of making grants under this section. No amounts may be appropriated for any fiscal year after the fiscal year 1980 to carry out the purposes of this section without a specific authorization of Congress. SEC. 604. COAL RESEARCH LABORATORIES.

(a) DESIGNATION.-So much of section 801 of the Surface Mining Control and Reclamation Act of 1977 as precedes subsection (b) of paragraph (2) thereof is amended to read as follows:

"ESTABLISHMENT OF UNIVERSITY COAL RESEARCH LABORATORIES “Sec. 801. (a) The Secretary of Energy, after consultation with the National Academy of Engineering, shall designate thirteen institutions of higher education at which university coal research laboratories will be established and operated. Ten such designations shall be made as provided in subsection (e) and the remaining three shall be made in fiscal year 1980.

"(b) In making designations under this section, the Administrator shall consider the following criteria:

30 USC 1311.

“(1) Those ten institutions of higher education designated as provided in subsection (e) shall be located in a State with abun

dant coal reserves.”. (b) AUTHORIZATION OF APPROPRIATION8.-Section 806 of such Act is amended to read as follows:

30 USC 1316.

"AUTHORIZATION OF APPROPRIATIONS “Sec. 806. (a) For the ten institutions referred to in the last sentence of section 801(a), there are authorized to be appropriated not to exceed $30,000,000 for the fiscal year ending September 30, 1979 (including the cost of construction, equipment, and startup expenses), and not to exceed $7,500,000 for the fiscal year 1980 and for each fiscal year thereafter through the fiscal vear ending before October 1, 1984, to carry out the provisions of this title.

"(b) For the three remaining institutions referred to in the last sentence of section 801 (a), there are authorized to be appropriated not 30 USC 1311. to exceed $6,500,000 for the fiscal year 1980 (including the cost of construction, equipment, and startup expenses), and not to exceed $2,000,000 for each fiscal year after fiscal year 1980 ending before October 1, 1984, to carry out the provisions of this title.".

(c) CONFORMING AMENDMENT.-Title VIII of such Act is amended 30 USC 1311, by striking out the terms "Administrator” and “Administrator, 1312, 1314, ERDA" in each place they appear and substituting “Secretary of 1315. Energy” in each such place.

[Note: Sections 605–608 (miscellaneous gas provisions) appear in volume I of this compilation.]

Approved November 9, 1978.

HOUSE REPORTS: No. 95–429 (Comm. on Ways and Means), No. 95–543, Vols. I and

II, accompanying H.R. 8444 (ad hoc Comm. on Energy), and No.

95–1750 (Comm. of Conference). SENATE REPORTS: No. 95-4A2, accompanying S. 2114 (Comm. on Energy and

Natural Resources) and No. 95–1292 (Comm. of Conference).
Vol. 123 (1977): July 18, H.R. 4018 considered and passed House.

Aug. 1-5, H.R. 8444 considered and passed House.
Oct. 5, S. 2114 considered in Senate.
Oct. 6, H.R. 4018 considered and passed Senate, amended, in

lieu of S. 2114 and pt. 5 of title I of H.R. 8444.
Oct. 13, House concurred in Senate amendment with an

Vol. 124 (1978): Oct. 9, Senate agreed to conference report.

Oct. 15, House agreed to conference report.

Vol. 14, No. 45 (1978): Nov. 9, Presidential statement.


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