Department of Energy Authorization Act for Fiscal Year 1981-Civilian Applications

(Measure passed Senate, amended, roll call #337 (78-14))

Department of Energy Authorization Act for Fiscal Year 1981 - Civilian Applications - =Title I: Fiscal Year 1981 Authorizations= - Authorizes appropriations for fiscal year 1981 for Department of Energy civilian program operating expenses and plant and capital equipment, in accordance with requirements of the Department of Energy Organization Act which provides that appropriations to carry out that Act shall be subject to annual appropriations, equal to the appropriations amounts for 1980 for DOE (plus ten percent) set forth in Title I (Department of Energy) of the Energy and Water Development Appropriation Act, 1980 (excluding atomic energy defense activities) and in Title II (Related Agencies) of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1980 (excluding amounts for alternative fuels production). Prohibits the use of appropriated funds for storage, disposal, or transportation of spent nuclear fuel or high-level radioactive waste until operating procedures are established.

Provides that certain anticipated revenues from uranium enrichment activities are authorized to be appropriated to DOE for specified purposes.

Authorizes the appropriation, for DOE civilian plant and capital equipment projects initiated prior to fiscal year 1981, of amounts not in excess of the Federal share of the cost of each project stated in fiscal year 1981 budget documents. Stipulates that for fiscal year 1981 additional budget authority is authorized for a certain solar energy project in Colorado and a certain uranium production project in Ohio.

Directs the Secretary to evaluate, in accordance with specified guidelines, the two high Btu coal gasification demonstration plant projects, and to construct and operate the projects if found to be satisfactory.

Authorizes appropriations for a certain safety research project in Idaho and a certain advanced isotope separation pilot plant facility in Washington.

Authorizes appropriations for fiscal year 1981, in addition to amounts already authorized under this Act for operating expenses for civilian program initiatives, for: (1) energy conservation; (2) energy production, demonstration and distribution; (3) standby motor fuel rationing; (4) the Geothermal Resources Development Fund; and (5) the strategic petroleum reserve.

Authorizes appropriations for fiscal year 1981 for fossil energy operating expenses to continue design work on the coal gasification project not selected for construction, if determined that the project would be of value in contributing toward attaining the President's goals for the domestic production of alternative fuels.

Authorizes appropriations for two demonstration plants for fossil energy construction relating to coal (one in West Virginia and one in Kentucky).

Authorizes appropriations, from funds available under the fossil energy research and development appropriation, for projects to demonstrate technology for the upgrading of heavy oil, tar sands material, and residual oils.

Authorizes the expenditure of funds, within the amounts appropriated under this Act for plant and capital equipment, for specified new plant and capital equipment activities in the following areas: (1)fossil energy; (2) energy supply research and development; (3) science and research; (4) uranium supply and enrichment; and (5) departmental administration.

Terminates, effective October 1, 1981, 1,000 positions currently allocated by the Secretary of Energy to carry out programs established under the Emergency Petroleum Allocation Act of 1973.

Amends the Energy Policy and Conservation Act to extend the period of automatic preemption of State energy efficiency standards for certain consumer products until a Federal standard for each appliance is prescribed.

Requires the Department of Energy to maintain during each month a list of contracts entered into within the preceding 24 months or for which contractors have not yet completed performance. Directs the Secretary to require that each report prepared by a contractor, and each report prepared by an agency which is substantially derived from or substantially includes any such report, shall include specified information.

=Title II: Out-Year Authorization= - Authorizes appropriations, in accordance with those provisions of the DOE Organization Act which provide that appropriations to carry out that Act shall be subject to annual appropriations, as follows: (1) for the operating expenses of DOE civilian programs, in the amount appropriated for each appropriation account for the previous year, plus ten percent; and (2) for general plant projects and acquisition and fabrication of capital equipment not related to construction for DOE civilian programs, in the amount appropriated for each appropriation account for the previous year, plus ten percent.

Requires a separate authorization for any DOE civilian program operating expenses request in excess of the amount authorized for an appropriation account.

Requires, for each fiscal year beyond 1981, new plant and capital equipment projects to be specifically authorized on a line item basis.

=Title III: Energy Impact Assistance= - Energy Impact Assistance Act of 1980 - Amends the Powerplant and Industrial Fuel Use Act of 1978 to authorize State Governors or Indian tribal governing bodies to designate energy impacted areas in accordance with specified conditions concerning increases in employment, population, use of public services and facilities, and lack of financial resources to meet needs for such increased use of services and facilities resulting from the existence of a major energy development in such areas. Directs the Secretary of Energy (Secretary), in consultation with the Secretaries of Labor, the Interior, and Agriculture, to approve any designation of an energy impacted area.

Requires State Governors and Indian tribal governing bodies to designate local planning units to prepare mitigation plans for each such energy impact area.

Requires a mitigation plan to: (1) identify the projected impact of each major energy development on the economy of such area and the specific needs within such area for public facilities and services resulting from the development; (2) contain assurances that the proceeds from any repayment of loans made by a State or Indian tribe under this Act will be returned to the Secretary of the Treasury; (3) provide for the revision of such plans; and (4) be coordinated with planning assisted or required under the Act or any other appropriate Federal statute. Requires such plans to be approved by the Secretary of Agriculture.

Requires that States and Indian tribes having energy impacted areas submit to the Secretary of Agriculture a comprehensive investment strategy describing the intended use of energy impact assistance as a condition for receiving such assistance. Sets forth conditions under which such Secretary shall approve a comprehensive investment strategy.

Authorizes the Secretary to make mitigation plan implementation grants to eligible applicants prohibited by State law from incurring debt. Authorizes the Secretary to make implementation loans and authorizes loan guarantees for the same purposes.

Authorizes the Secretary of Agriculture, upon finding that a loan recipient is unable to meet its obligations, to, subject to stated conditions; (1) modify the terms and conditions of a loan; (2) make a supplemental loan, the proceeds of which shall be applied to the payment of principal or interest due on the loan; or (3) forgive all or any portion of the loan upon a finding that otherwise insolvency will ensue or substantial economic hardship will result.

Authorizes the Secretary of Agriculture to make loans, loan guarantees, and payments of interest on loans to States and other eligible applicants to address the need for public facilities or services in a designated emergency energy impact area on an expedited basis in the event energy development poses a serious threat to the public health and safety and such needs cannot be met in a sufficiently timely manner by other Federal programs.

Sets forth terms and conditions of assistance. Prohibits assistance under this Act from being used to provide the non-Federal portion of costs of any other Federal assistance program. Requires the recipient of any grant assistance to provide 25 percent of the cost of implementing a proposal.

Prohibits the appropriation of funds in support of any program for which Federal financial assistance is available to eligible applicants under the Coastal Zone Management Act of 1972 or the Surface Mining Control and Reclamation Act of 1977.

Establishes in the United States Treasury as a revolving fund the Energy Impact Insurance Fund to discharge obligations guaranteeing or insuring energy impact loans. Limits such obligations to $400,000,000 annually.

Authorizes the Appalachian Regional Commission established under the Appalachian Regional Commission Act of 1965 or any regional commission established under the Public Works and Economic Development Act of 1965 to apply for and receive planning grants under the Act to assist areas impacted by increased coal or uranium production.

Directs the President to establish an interagency council to coordinate all Federal programs providing assistance to meet needs resulting from major energy developments.

Directs the Secretary of Agriculture to designate an organizational unit to, among other things, administer the program established by this Act.

Authorizes the Secretary, in mutual consultation with the Secretary of Agriculture, to issue regulations necessary to carry out this Act.

Authorizes the Secretary of Agriculture to withhold financial assistance from a recipient for failure to comply with this Act or regulations issued thereunder.

Directs the Secretary, in consultation with the Secretary of Agriculture, to report annually to Congress concerning this Act.

Authorizes appropriations for fiscal years 1982 through 1985 to carry out the programs established under this Act. Sets forth criteria for the allocation of such funds as are appropriated.

Prohibits specified actions or failures to act from being used as a legal basis for delaying or prohibiting the issuance of any licenses or other authority necessary for the development, construction, or operation of a major energy development.

Requires the General Accounting Office to prepare and submit to the Congress a report on the implementation and effectiveness of the program of assistance established under this Act.

Sets forth conforming amendments.

=Title IV: General Provision= - Provides for the adjustment of certain sums authorized to be appropriated under this Act.