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PART I-OFF-HIGHWAY MOTOR VEHICLES
TITLE IV-PETROLEUM PRICING POLICY AND OTHER
AMENDMENTS TO THE ALLOCATION ACT
PART A-PRICING POLICY
Sec. 401. Oil pricing policy.
PART B-OTHER AMENDMENTS TO THE ALLOCATION ACT
TITLE V-GENERAL PROVISIONS
PART A-ENERGY DATA BASE AND ENERGY INFORMATION
Sec. 501. Verification examinations.
PART B-GENERAL PROVISIONS
Sec. 521. Prohibition on certain actions.
PART C—CONGRESSIONAL REVIEW
quests to implement certain authorities.
1 Public Law 95-619 repealed sec. 527, but did not amend the Table of Contents.
STATEMENT OF PURPOSES
42 USC 6201.
Sec. 2. The purposes of this Act are
(1) to grant specific standby authority to the President, subject to congressional review, to impose rationing, to reduce demand for energy through the implementation of energy conservation plans, and to fulfill obligations of the United States under the international energy program;.
(2) to provide for the creation of a Strategic Petroleum Reserve capable of reducing the impact of severe energy supply interruptions;
(3) to increase the supply of fossil fuels in the United States through price incentives and production requirements;
(4) to conserve energy supplies through energy conservation programs, and, where necessary, the regulation of certain energy uses;
(5) to provide for improved energy efficiency of motor vehicles, major appliances, and certain other consumer products;
(6) to reduce the demand for petroleum products and natural gas through programs designed to provide greater availability and use of this Nation's abundant coal resources; and
(7) to provide a means for verification of energy data to assure the reliability of energy data.
Sec. 3. As used in this Act:
42 USC 6202. (1) The term "Secretary" means the Secretary of Energy.
(2) 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 and any agency of the United States or any State or political subdivision thereof.
(3) The term “petroleum product” means crude oil, residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product).
(4) The term "State” means a State, the District of Columbia, Puerto Rico, or any territory or possession of the United States.
(5) The term "United States” when used in the geographical sense means all of the States and the Outer Continental Shelf.
(6) The term “Outer Continental Shelf” has the same meaning as such term has under section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(7) The term "international energy program" means the Agreement on an International Energy Program, signed
by the United States on November 18, 1974, including (A) the annex entitled “Emergency Reserves”, (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement.
(8) The term "severe energy supply interruption" means a national energy supply shortage which the President determines
(A) is, or is likely to be, of significant scope and duration, and of an emergency nature;
(B) may cause major adverse impact on national safety or the national economy; and
(C) results, or is likely to result, from an interruption in the supply of imported petroleum prod
ucts, or from sabotage or an act of God. (9) The term "antitrust laws" includes
(A) the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopoJies”, approved July 2, 1890 (15 U.S.C. 1, et seq.):
(B) the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (15 U.S.C. 12, et seq.);
(C) the Federal Trade Commission Act (15 U.S.C. 41, et seq.);
(D) sections 73 and 74 of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes”, approved August 27, 1894 (15 U.S.C. 8 and 9); and
(E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21A). (10) The term "Federal land” means all lands owned or controlled by the United States, including the Outer Continental Shelf, and any land in which the United States has reserved mineral interests, except lands
(A) held in trust for Indians or Alaska Natives,
(B) owned by Indians or Alaska Natives with Federal restrictions on the title,
(C) within any area of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National System of Trails, or the Wild and Scenic Rivers System,
(D) within military reservations.
TITLE 1-MATTERS RELATED TO DOMESTIC
PART A DOMESTIC SUPPLY
Sec. 101. (a) Section 2(f) of the Energy Supply and Environmental Coordination Act of 1974 is amended
(1) in paragraph (1) thereof, by striking out 15 USC 792. "June 30, 1975" and inserting in lieu thereof June 30, 1977”, and by striking out “January 1, 1979" and inserting in lieu thereof "January 1, 1985”; and
(2) in paragraph (2) thereof, by striking out "December 31, 1978” and inserting in lieu thereof "December 31, 1984”, and by striking out“January 1,
1979" and inserting in lieu thereof “January 1, 1985”. (b) Section 2(a) of such Act is amended to read as follows: "(a) The Federal Energy Administrator
"(1) shall, by order, prohibit any powerplant, and
"(2) may, by order, prohibit any major fuel burn
ing installation, other than a powerplant, from burning natural gas or petroleum products as its primary energy source, if the requirements of subsection (b) are met and if (A) the Federal Energy Administrator determines such powerplant or installation on June 22, 1974, had, or thereafter acquires or is designed with, the capability and necessary plant equipment to burn coal, or (B) such powerplant or installation is required to meet a design or construction requirement under subsection (c).”
(c) Section 2(c) of such Act is amended by inserting "or other major fuel burning installation" after "powerplant" wherever it appears and by inserting “in the case of a powerplant” after“(1)” in the second sentence.
INCENTIVES TO DEVELOP UNDERGROUND COAL MINES
Sec. 102. (a) The Secretary may, in accordance with 42 USC 6211. subsection (b) and rules prescribed under subsection (d), guarantee loans made to eligible persons described in subsection (c)(1) for the purpose of developing new underground coal mines.
(b) (1) A person may receive for a loan guarantee under subsection (a) only if the Secretary determines that
(A) such person is capable of successfully developing and operating the mine with respect to which the loan guarantee is sought;
(B) such person has provided adequate assurance that the mine will be constructed and operated in compliance with the provisions of the Federal Coal Mine Health and Safety Act and that no final judg- 30 USC 801 ment holding such person liable for any fine or penalty under such Act is unsatisfied;
. 42 USC 1857 note.
42 USC 18570-5.
(C) there is a reasonable prospect of repayment of the guaranteed loan;
(D) such person has obtained a contract, of at least the duration of the period during which the loan is required to be repaid, for the sale or resale of coal to be produced from such mine to a person who the Administrator of the Environmental Protection Agency certifies will be able to burn such coal in compliance with all applicable requirements of the Clean Air Act, and of any applicable implementation plan (as defined in section 110 of such Act);
(E) the loan will be adequately secured;
(F) such person would be unable to obtain adequate financing without such guarantee;
(G) the guaranteeing of a loan to such person will enhance competition or encourage new market entry; and
(H) such person has adequate coal reserves to cover contractual commitments described in sub
paragraph (D). (2) The total amount of guarantees issued to any person (including all persons affiliated with such person) may not exceed $30,000,000. The amount of a guarantee issued with respect to any loan may not exceed 80 percent of the lesser of (A) the principal balance of the loan or, (B) the cost of developing such new underground coal mine.
(3) The aggregate outstanding principal amount of loans which are guaranteed under this section may not at any time exceed $750,000,000. Not more than 20 percent of the amount of guarantees issued under this section in any fiscal year may be issued with respect to loans for the purpose of opening new underground coal mines which produce coal which is not low sulfur coal. (c) For purposes of this section
(1) A person shall be considered eligible for a guarantee under this section if such person (together with all persons affiliated with such person) —
(A) did not produce more than 1,000.000 tons of coal in the calendar year preceding the year in which he makes application for a loan guar. antee under this section;
(B) did not produce more than 300,000 barrels of crude oil or own an oil refinery in such preceding calendar year; and
(C) did not have gross revenues in excess of $50,000,000 in such calendar year. (2) A person is affiliated with another person if he controls, is controlled by, or is under common control with such other person, as such term may be further defined by rule by the Secretary.
"Low sulfur coal."