Page:United States Statutes at Large Volume 92 Part 3.djvu/695

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3327

coal, uranium, metal, and nonmetallic mines from actions occurring at such activities that pose a hazard to such property or persons. (j) KEORGANIZATION.—The authority of the Secretary of Agriculture and the authority of the Secretary of Energy under this section may not be transferred to any other Secretary or to any other Federal agency under chapter 9 of title 5, United States Code, or under any 5 USC 901 et seq. other provision of law, other than under specific provisions of a law enacted after the date of the enactment of this Act. The preceding provisions of this subsection shall not preclude either Secretary from delegating any such authority to any officer, employee, or entity within such Secretary's department. SEC. 602. LOANS TO ASSIST POWERPLANT ACQUISITIONS OF AIR POLLUTION CONTROL EQUIPMENT. (a) AUTHORITY To MAKE LOANS.—The Secretary may, in accordance 42 USC 8402. with the provisions of this section and such rules and regulations as he shall prescribe, make a loan (and may make a commitment to loan) '8U 21^ to any person who owns or operates any existing electric powerplant •^^''" converting to coal or other alternate fuel as its primary energy source after the effective date of this Act for the purpose of financing the purchase and installation of one or more certified air pollution control devices for such electric powerplant. (b) LIMITATIONS AND CONDITIONS.—A loan made under this section shall— (1) not exceed two-thirds of the cost of purchasing and installing the certified air pollution control devices; (2) have a maturity date not extending beyond 10 years after the date such loan is made; (3) bear interest at a rat^ not less than (A) a rate determined Interest rate, by the Secretary of the Treasury, taking into consideration the average market yield of outstanding Treasury obligations of comparable maturity, plus (B) 1 percent; (4) be made on the condition of payment to the Secretary of a loan fee in an amount equal to (A) such insurance fee as the Secretary determines is necessary to avoid a Federal revenue loss under this section, plus (B) 1 percent of the loan amount; and .. (5) be made only if the Secretary finds that— to noii (A) the financial assistance applied for is not othervHfse niJ 'available from other Federal agencies; .eaaoo/ ihau (B) the applicant is unable to obtain sufficient funds on reasonable terms and conditions from any other source; io9'[oiq (C) there is continued reasonable assurance of full repayment of the principal, interest, and fees; and D&ai am (D) competition among private entities for the provision of air pollution control devices for electric powerplants using ^a& o coal as their primary energy source to be assisted under this 9rft r? section will be in no way limited or precluded. (c) ALLOCATION AND PRIORITIES.—In making loans or commitments to loan pursuant to this section, the Secretary shall— adiv (1) allocate a minimum of 25 percent of available financial -noH assistance to existing small municipal and rural powerplants; and (2) give priority consideration to requests for financial assistance by existing electric powerplants subject to any prohibition ^ under title III (or under section 2 of the Energy Supply and ^»'e, p. 3305. ^ ^^ EnvironmentalCoordination Act of 1974). • > I'-'j (.i JJ.'S>IG! j.u-; 15 USC 792. (d) DEFINITIONS.—For purposes of this section-^osB edJ x6 b9iq9oofi

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