---
kind: "section"
citation: "42 U.S.C. § 8401"
title: "42"
title_heading: "The Public Health and Welfare"
number: "8401"
heading: "Assistance to areas impacted by increased coal or uranium production"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/8401"
units:
  - "Chapter 92 — Powerplant and Industrial Fuel Use"
  - "Subchapter VI — Financial Assistance"
---

# §8401. Assistance to areas impacted by increased coal or uranium production

- (a) **Designation of impacted areas—**
  - (1) In accordance with such criteria and guidelines as the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture shall, by rule, prescribe, the Governor of any [State](/usc/42/2021b.md?p=14) may designate any area within such [State](/usc/42/2021b.md?p=14) for the purposes of this section, if he finds that—
    - (A) either (i) employment in [coal](/usc/42/8302.md?p=a-5) or uranium production development activities in such area has increased for the most recent calendar year by 8 percent or more from the immediately preceding year or (ii) employment in such activities will increase 8 percent or more per year during each of the 3 calendar years beginning after the date of such finding;
    - (B) such employment increase has required or will require substantial increases in housing or public facilities and services or a combination of both in such area; and
    - (C) the [State](/usc/42/2021b.md?p=14) and the local government or governments serving such area lack the financial and other resources to meet any such increases in public facilities and services within a reasonable time.

    The [Secretary](/usc/42/8302.md?p=a-1) of Agriculture shall prescribe a rule containing criteria and guidelines for making a designation under this subsection, after consultation with the [Secretary](/usc/42/8302.md?p=a-1) of Labor and the [Secretary](/usc/42/8302.md?p=a-1) of Energy, not later than 180 days after the effective date of this chapter.

  - (2) For purposes of [paragraph (1)(C)](#a-1-C), increased revenues, including severance tax revenues, royalties, and similar fees to the [State](/usc/42/2021b.md?p=14) and local governments which are associated with the increase in [coal](/usc/42/8302.md?p=a-5) or uranium development activities and which are not prohibited from being used under provisions of law in effect on November 9, 1978, shall be taken into account in determining if a [State](/usc/42/2021b.md?p=14) or local government lacks financial resources.
  - (3) The [Secretary](/usc/42/8302.md?p=a-1) shall, after consultation with the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture, approve any designation of an area under [paragraph (1)](#a-1) only if—
    - (A) the Governor of the [State](/usc/42/2021b.md?p=14) making the designation provides the [Secretary](/usc/42/8302.md?p=a-1) in writing with the data and information on which such designation was made, together with such additional information as the [Secretary](/usc/42/8302.md?p=a-1) may require to carry out the purposes of this section; and
    - (B) the [Secretary](/usc/42/8302.md?p=a-1) determines that the requirements of subparagraphs [(A)](#a-1-A), [(B)](#a-1-B), and [(C)](#a-1-C) of paragraph (1) have been met.
- (b) **Planning grants—**
  - (1) The [Secretary](/usc/42/8302.md?p=a-1) of Agriculture may make a grant to any [State](/usc/42/2021b.md?p=14) in which there is an area designated and approved under [subsection (a)](#a) for the purposes of developing a plan for such area which shall include determinations of—
    - (A) the anticipated level of [coal](/usc/42/8302.md?p=a-5) or uranium production activities in such area;
    - (B) the socio-economic impacts which have occurred or which are reasonably projected to occur as a result of the increase in [coal](/usc/42/8302.md?p=a-5) or uranium production activities;
    - (C) the availability and location of resources within such area to meet the increased needs resulting from socio-economic impacts determined under [subparagraph (B)](#b-1-B) (such as any increased need for housing, or public facilities and services); and
    - (D) the nature and expense of measures necessary to meet within a reasonable time the increased needs resulting from such impact for which there are no resources reasonably available other than under this section.
  - (2)
    - (A) Any grant for developing a plan under this subsection shall be for an amount equal to 100 percent of the costs of such plan, as determined by the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture.
    - (B) The aggregate amount granted under this subsection in any fiscal year may not exceed 10 percent of the total amount appropriated for purposes of this section for such year.
  - (3) The Governor of a [State](/usc/42/2021b.md?p=14) receiving a grant under this subsection for developing a plan shall submit a copy of such plan to the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture as soon as practicable after it has been prepared.
- (c) **Land acquisition and development grants—**
  - (1) In the case of any real property—
    - (A) within an area for which a plan meeting the requirements of [subsection (b)(1)](#b-1) has been approved;
    - (B) which is for housing or public facilities determined in such plan as necessary due to an increase in employment due to [coal](/usc/42/8302.md?p=a-5) or uranium development activities;
    - (C) with respect to which the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture has determined that the [State](/usc/42/2021b.md?p=14) and the local governments serving such area do not have the financial resources to acquire or the legal authority to acquire by condemnation; and
    - (D) with respect to which there has been an approval in writing by the Governor of such [State](/usc/42/2021b.md?p=14) that the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture exercise his authority under this paragraph;

    the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture may acquire such real property or interest therein, by purchase, donation, lease, or exchange. Property so acquired shall be transferred to the [State](/usc/42/2021b.md?p=14) under such terms and conditions as the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture deems appropriate. Such terms and conditions shall provide for the reimbursement to the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture for the fair market value of the property, as determined by the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture. The value of any improvement of such property made after such acquisition shall not be taken into account in determining the fair market value of such property under this subsection. Amounts so received by the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture shall be deposited in the Treasury of the United States as miscellaneous receipts.

  - (2) Any approval by a Governor of a [State](/usc/42/2021b.md?p=14) under [paragraph (1)(D)](#c-1-D) shall constitute a binding commitment of such [State](/usc/42/2021b.md?p=14) to accept the property to be acquired and to provide reimbursement for the amount of the fair market value of such property, as determined under [paragraph (1)](#c-1).
  - (3) The [Secretary](/usc/42/8302.md?p=a-1) of Agriculture may acquire property under [paragraph (1)](#c-1) by condemnation only if he finds that—
    - (A) such property is not available by means other than condemnation at a price which does not substantially exceed the fair market value of such property;
    - (B) other real property is not similarly available which is within the same designated area and which is suitable for the purposes to which the property involved is to be applied; and
    - (C) the [State](/usc/42/2021b.md?p=14) and the local governments serving such area lack the legal authority to acquire such property by condemnation.
  - (4)
    - (A) In the case of any real property which meets the requirements of subparagraphs [(A)](#c-1-A), [(B)](#c-1-B), and [(C)](#c-1-C) of paragraph (1), the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture may make a grant to the [State](/usc/42/2021b.md?p=14) in which such property is located for the purposes of acquiring such property, and for any site development which is consistent with the plan developed under [subsection (b)](#b).
    - (B) In the case of property acquired by the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture under [paragraph (1)](#c-1) and transferred to the [State](/usc/42/2021b.md?p=14), the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture may make a grant to such unit of government for the purposes of site development which is consistent with such plan.
    - (C) Grants for real property acquisition or site development or both under this paragraph may not exceed 75 percent of the costs thereof, as determined by the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture.
  - (5) In the selection of real property for acquisition and in such acquisition under this subsection, preference shall be given to real property which the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture determines at such time to be unoccupied or previously mined and abandoned.
  - (6)
    - (A) Property held by the United States in trust for Indians or any Indian tribe may not be acquired by condemnation under this section.
    - (B) No property within the National Forest System (as defined in section 1609[^1] of title 16) may be exchanged by the [Secretary](/usc/42/8302.md?p=a-1) in any acquisition under [paragraph (1)](#c-1).
- (d) **General requirements regarding assistance—**
  - (1) Assistance under this section shall be provided only upon application, which application shall contain such information as the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture shall prescribe.
  - (2) The [Secretary](/usc/42/8302.md?p=a-1) of Agriculture may make any grant under this section in whole or in part to the local government or governments serving an area designated and approved under [subsection (a)](#a), or to a council of local governments which includes one or more local governments serving such area (in lieu of making such grant solely to the [State](/usc/42/2021b.md?p=14)), if he has determined, after consultation with the Governor of the [State](/usc/42/2021b.md?p=14), that to do so would be appropriate.
  - (3) The [Secretary](/usc/42/8302.md?p=a-1) of Agriculture shall prescribe, by rule, criteria for the [allocation](/usc/42/2021b.md?p=2) of assistance under this section. Such criteria shall give due weight to the magnitude of the employment increase involved, the financial resources of the designated area, and the ratio of the financial burden on the area to the resources available to such area.
  - (4) Assistance under this section shall be provide only if the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture is satisfied that—
    - (A) the amounts expended by the [State](/usc/42/2021b.md?p=14) and the local governments involved for the same purposes for which such assistance is provided will not be reduced; and
    - (B) the amount of such assistance does not reflect any amount for which other Federal financial assistance is provided or on proper application would be provided.
- (e) **“Coal or uranium development activities” and “site development” defined—** For the purposes of this section—
  - (1) The term “[coal](/usc/42/8302.md?p=a-5) or uranium development activities” means the production, processing, or transportation of [coal](/usc/42/8302.md?p=a-5) or uranium.
  - (2) The term “site development” means necessary off-site improvements, such as the [construction](/usc/42/8302.md?p=a-14) of sewer and water connections, [construction](/usc/42/8302.md?p=a-14) of access roads, and appropriate site restoration, but does not include any portion of the [construction](/usc/42/8302.md?p=a-14) of housing or public facilities.
- (f) **Reports—** Any [person](/usc/42/8302.md?p=a-2) regularly engaged in any [coal](/usc/42/8302.md?p=a-5) or uranium development activity within an area designated and approved under [subsection (a)](#a) shall prepare and transmit a report to the [Secretary](/usc/42/8302.md?p=a-1) of Energy within 90 days after a written request to such [person](/usc/42/8302.md?p=a-2) by the Governor of the [State](/usc/42/2021b.md?p=14) in which such area is located. Such report shall include—
  - (1) projected employment levels for such activity by such [person](/usc/42/8302.md?p=a-2) within such area during each of the following 3 calendar years;
  - (2) the projected increase in employees in such area to engage in such activity during each of such calendar years;
  - (3) the projected quantity of [coal](/usc/42/8302.md?p=a-5) (or uranium) to be produced, processed, or transported by such [person](/usc/42/8302.md?p=a-2) during each of such calendar years; and
  - (4) actions such companies plan to take or are taking to provide needed housing and other facilities for their employees directly or by providing funds to the [States](/usc/42/2021b.md?p=14) or local communities for this purpose.

  Copies of the report shall be provided to the [Secretary](/usc/42/8302.md?p=a-1) of Energy and the [Secretary](/usc/42/8302.md?p=a-1) shall, subject to the provisions of [section 796(d) of title 15](/usc/15/796.md?p=d), provide the report to the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture, the Governor, and the appropriate county or local officials and make it available for public review.

- (g) **Administration—** The [Secretary](/usc/42/8302.md?p=a-1) of Agriculture shall carry out his responsibilities under this section through the Farmers Home Administration and such other [agencies](/usc/42/8262.md?p=1) within the Department of Agriculture as he may determine appropriate.
- (h) **Appropriations authorization—**
  - (1) [^2] There is hereby authorized to be appropriated to the [Secretary](/usc/42/8302.md?p=a-1) of Energy for purposes of this section, $60,000,000 for fiscal year 1979 and $120,000,000 for fiscal year 1980. The [Secretary](/usc/42/8302.md?p=a-1) of Energy and the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture shall enter into an agreement for the [allocation](/usc/42/2021b.md?p=2) of funds appropriated pursuant to this section for carrying out their respective responsibilities under this section, including the amounts for personnel and administrative costs, and upon such agreement, the [Secretary](/usc/42/8302.md?p=a-1) of Energy shall transfer to the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture amounts determined under that agreement.
- (i) **Protection from certain hazardous actions—** [Federal agencies](/usc/42/8302.md?p=a-25) having responsibilities concerning the health and safety of any [person](/usc/42/8302.md?p=a-2) working in any [coal](/usc/42/8302.md?p=a-5), uranium, metal, or nonmetallic mine regulated by any [Federal agency](/usc/42/8302.md?p=a-25) shall interpret and utilize their authorities fully and promptly, including the promulgation of standards and regulations, to protect existing and future housing, property, [persons](/usc/42/8302.md?p=a-2), and public facilities located adjacent to or near active and abandoned [coal](/usc/42/8302.md?p=a-5), uranium, metal, and nonmetallic mines from actions occurring at such activities that pose a hazard to such property or [persons](/usc/42/8302.md?p=a-2).
- (j) **Reorganization—** The authority of the [Secretary](/usc/42/8302.md?p=a-1) of Agriculture and the authority of the [Secretary](/usc/42/8302.md?p=a-1) of Energy under this section may not be transferred to any other [Secretary](/usc/42/8302.md?p=a-1) or to any other [Federal agency](/usc/42/8302.md?p=a-25) under [chapter 9](/usc/5/chptI/ch9.md) of title 5 or under any other provision of law, other than under specific provisions of a law enacted after November 9, 1978. The preceding provisions of this subsection shall not preclude either [Secretary](/usc/42/8302.md?p=a-1) from delegating any such authority to any officer, employee, or entity within such [Secretary](/usc/42/8302.md?p=a-1)’s department.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. No par. (2) has been enacted.

## Source credit

(Pub. L. 95–620, title VI, § 601, Nov. 9, 1978, 92 Stat. 3323.)

## Notes

### Editorial Notes

### References in Text

The effective date of this chapter, referred to in subsec. (a)(1), is the effective date of Pub. L. 95–620. See section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of this title.

Section 1609 of title 16, referred to in subsec. (c)(6)(B), was in the original “section 10 of the Forest and Rangeland Renewable Resources Planning Act of 1974”. Such section 10 is classified to section 1608 of title 16 but has been editorially translated as section 1609 of title 16 as the probable intent of Congress in that the properties defined as being in the National Forest System appear in section 1609.