PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 481 (3) a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching PoHcy Act of 1977 (7 U.S.C. 3103)) or other institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); (4) a rural electric cooperative or utility; (5) a nonprofit organization; and (6) any other entity, as determined by the Secretary. (c) MERIT REVIEW. — Establishment. (1) MERIT REVIEW PROCESS.—The Secretary shall establish a merit review process to review applications for grants under subsection (a) that uses the expertise of other Federal agencies, industry, and nongovernmental organizations. (2) SELECTION CRITERIA.—In reviewing applications of eligible entities to receive grants under subsection (a), the Secretary shall consider— (A) the ability and expertise of the eligible entity in providing professional energy audits and renewable energy assessments; (B) the geographic scope of the program proposed by the eligible entity; (C) the number of farmers, ranchers, and rural small businesses to be assisted by the program; (D) the potential for energy savings and environmental and public health benefits resulting from the program; and (E) the plan of the eligible entity for educating farmers, ranchers, and rural small businesses on the benefits of energy efficiency and renewable energy development. (d) USE OF GRANT FUNDS.— (1) REQUIRED USES.— ^A recipient of a grant under subsection (a) shall use the grant funds to conduct and promote energy audits for farmers, ranchers, and rural small businesses to provide farmers, ranchers, and rural small businesses recommendations on how to improve energy efficiency and use renewable energy technology and resources. (2) PERMITTED USES. —In addition to the uses described in paragraph (1), a recipient of a grant may use the grant funds to make farmers, ranchers, and rural small businesses aware of, and ensure that they have access to— (A) financial assistance under section 9006; and (B) other Federal, State, and local financial assistance programs for which farmers, ranchers, and rural small businesses may be eligible. (e) COST SHARING.— ^A recipient of a grant under subsection (a) that conducts an energy audit for a farmer, rancher, or rural small business under subsection (d)(1) shall require that, as a condition of the energy audit, the farmer, rancher, or rural small business pay at least 25 percent of the cost of the audit. (f) USE OF COST-SHARE FUNDS.— Funds collected by a recipient of a grant under subsection (e) as a result of activities carried out using the grant funds shall be used to conduct activities authorized under this section, as approved by the Secretary. (g) CONSULTATION.— In carrying out this section, the Secretary shall consult with the Secretary of Energy.
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