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42 U.S.C. § 8451 — National coal policy study

submitted 48 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 616 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President, through the Secretary of Energy and the EPA, had to fully study the nation's alternative uses for coal and report the findings to Congress within 18 months, covering coal needs, resources, pollution, existing policies, and transportation. Before sending the final report, the President had to publish a summary, let the public comment for at least 90 days, and revise the report as appropriate. Congress authorized up to $18,000,000 for fiscal years 1979 and 1980 to carry this out.

(a) Study. The President, acting through the Secretary (of Energy) and the Administrator of the Environmental Protection Agency, had to fully investigate and study the alternative national uses of coal available in the U.S. to meet the country's energy needs, while staying consistent with environmental protection and full-employment policy. The study was required to identify and evaluate: current and future U.S. coal needs; current and future voluntary and mandatory energy-conservation measures and how much they could cut coal needs; coal production, transportation, conversion, and use requirements, now and in the future; how extensive and adequate federal, state, local, and private coal research and development programs are, including their money, staff, and legal authority; programs to develop coal-mining technology that increases coal production and use while protecting miners' health and safety; alternative strategies for meeting expected coal needs while achieving other national goals like security and environmental protection; existing and likely future government policies and laws affecting the coal industry, to see what changes might help create an effective, fair national energy policy; and the most efficient use of the nation's coal resources, considering economic, social, environmental, technological, defense, and other factors.

(b) Report. Within 18 months after this chapter took effect, the President had to send Congress a report on the study, with findings and recommendations, including determinations and recommendations about: the nation's projected coal needs, nationally and regionally, for the next 20 years, especially for electric power; the coal resources available or needed, including research and development programs that could improve efficient, economical fuel use consistent with environmental rules; the air, water, and other pollution caused by meeting coal needs, and any programs to remove technological or economic obstacles to reducing that pollution; existing federal, state, and local policies and programs that significantly affect coal availability, production, or efficient use, and the ability to meet the nation's energy and environmental needs; and whether transportation systems — roads, railroads, and waterways — are adequate for the expected growth in coal production and use. Before sending this report to Congress, the President had to publish a notice and summary of the proposed report in the Federal Register, make copies available, give the public at least 90 days to submit written comments, and make any changes to the report that seemed appropriate based on those comments.

(c) Funding. Congress authorized up to $18,000,000 for fiscal years 1979 and 1980, to be split between the Department of Energy and the Environmental Protection Agency, to carry out this section.

the actual law source: uscode.house.gov ↗public domain
(a) Study

The President, acting through the Secretary and the Administrator of the Environmental Protection Agency, shall make a full and complete investigation and study of the alternative national uses of coal available in the United States to meet the Nation’s energy requirements consistent with national policies for the protection and enhancement of the quality of the environment and for economic recovery and full employment. In particular the study should identify and evaluate—

(1)

current and prospective coal requirements of the United States;

(2)

current and prospective voluntary and mandatory energy conservation measures and their potential for reduction of the United States coal requirements;

(3)

current and prospective coal resource production, transportation, conversion, and utilization requirements;

(4)

the extent and adequacy of coal research, development, and demonstration programs being carried out by Federal, State, local, and nongovernmental entities (including financial resources, manpower, and statutory authority);

(5)

programs for the development of coal mining technologies which increase coal production and utilization while protecting the health and safety of coal miners;

(6)

alternative strategies for meeting anticipated United States coal requirements, consistent with achieving other national goals, including national security and environmental protection;

(7)

existing and prospective governmental policies and laws affecting the coal industry with the view of determining what, if any, changes in and implementation of such policies and laws may be advisable in order to consolidate, coordinate, and provide an effective and equitable national energy policy consistent with other national policies; and

(8)

the most efficient use of the Nation’s coal resources considering economic (including capital and consumer costs, and balance of payments), social (including employment), environmental, technological, national defense, and other aspects.

(b) Report

Within 18 months after the effective date of this chapter, the President shall submit to the Congress a report with respect to the studies and investigations, together with findings and recommendations in order that the Congress may have such information in a timely fashion. Such report shall include the President’s determinations and recommendations with respect to—

(1)

the Nation’s projected coal needs nationally and regionally, for the next 2 decades with particular reference to electric power;

(2)

the coal resources available or which must be developed to meet those needs, including, as applicable, the programs for research, development, and demonstration necessary to provide technological advances which may greatly enhance the Nation’s ability to efficiently and economically utilize its fuel resources, consistent with applicable environmental requirements;

(3)

the air, water, and other pollution created by coal requirements, including any programs to overcome promptly and efficiently any technological or economic barriers to the elimination of such pollution;

(4)

the existing policies and programs of the Federal Government and of State and local governments, which have any significant impact on the availability, production or efficient and economic utilization of coal resources and on the ability to meet the Nation’s energy needs and environmental requirements; and

(5)

the adequacy of various transportation systems, including roads, railroads, and waterways to meet projected increases in coal production and utilization.

Before submitting a report to the Congress under subsection (b) of this section, the President shall publish in the Federal Register a notice and summary of the proposed report, make copies of such report available, and accord interested persons an opportunity (of not less than 90 days’ duration) to present written comments; and shall make such modifications of such report as he may consider appropriate on the basis of such comments.

(c) Authorization of appropriations

There is hereby authorized to be appropriated to the Secretary for allocation between the Department of Energy and the Environmental Protection Agency for fiscal years 1979 and 1980, not to exceed $18,000,000, for use in carrying out the purposes of this section.

Source credit: (Pub. L. 95–620, title VII, § 741, Nov. 9, 1978, 92 Stat. 3339.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-620 · 92 Stat. 3339

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1978-11-09.

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