9 0 STAT. 2158
PUBLIC LAW 94-482—OCT. 12, 1976 " P A R T E — R E C O X S T R U O T I O N AND RENOVATION
Grants. 20 USC 1132d-ll. 20 USC 1132a. 20 USC 1132b. 20 USC 1132c. 20USeil32c-3.
42 USC 4151.
20 USC 1132e-l.
Definitions.
" SEC. 771. (a) The Commissioner is authorized to make g r a n t s from funds appropriated under section 7 0 1 (b), grants from funds appropriated under section 7 2 1 (b), loans from funds appropriated under section 7 4 1 (b), or loans, to the extent provided in advance by appropriations Acts, from any unused amounts in the fund established under section 744, notwithstanding any prior restrictions on the use of such unused amounts, to institutions of higher education and to higher education building agencies for the reconstruction or renovation of academic facilities if the p r i m a r y purpose of such reconstruction or renovation is— " (1) to enable such institutions to economize on the use of energy resources, or " (2) to enable such institutions to b r i n g their academic facilities into conformity with the requirements of— " (A) the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, or " (B) environmental protection or health and safety programs mandated by Federal, State or local law, if such requirements were not in effect at the time such facilities were constructed. " (b)(1) I n determining whether the primary purpose of a proposed reconstruction or renovation is to conserve energy, the Commissioner shall consult with other Federal agencies which have specific expertise in energy conservation. " (2) I n determining whether the p r i m a r y purpose of a proj)Osed reconstruction or renovation is to enable such facility to meet environmental protection standards or health or safety requirements imposed under law, the Commissioner shall consult with the a p p r o p r i a t e Federal, State or local agency responsible for the administration of such law. " (3) I n determining whether the p r i m a r y purpose of a proposed reconstruction or renovation is to enable such facility to comply with the Act of August 12, 1968, the Commissioner shall consult with the Architectural and Transportation Barriers Compliance Board and the Administrator of General Services. " (c) A loan pursuant to this section shall be repaid within such period not exceeding twenty years as may be determined by the Commissioner." (j) Section 782 of the Act is amended— (1) by inserting immediately before the period at the end of paragraph (1)(B) in section 782 the following: ", except that the term 'academic facilities' may include any facility described in clause (v) to the degree that such facility is owned, operated, and maintained by the institution of higher education requesting the approval of a project; and that funds available for such facility under such project shall be used solely for the purpose of conversion or modernization of energy utilization techniques to economize on the use of energy resources; and that such project is not limited to facilities described in clause (v) of t h i s subsect i o n "; and (2) by striking out paragraph (2) of such section and inserting in lieu thereof the following: " (2)(A) The term 'construction' means (i) erection of new or expansion of existing structures, and the acquisition and installation of initial equipment therefor; or (ii) acquisition of existing structures not owned by the institution involved; or (iii) a combina-
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