---
kind: "section"
citation: "42 U.S.C. § 17153"
title: "42"
title_heading: "The Public Health and Welfare"
number: "17153"
heading: "Allocation of funds"
release: "119-102"
url: "https://uscodex.org/usc/42/17153"
units:
  - "Chapter 152 — Energy Independence and Security"
  - "Subchapter IV — Energy Savings in Government and Public Institutions"
  - "Part C — Energy Efficiency and Conservation Block Grants"
---

# §17153. Allocation of funds

- (a) **In general—** Of amounts made available to provide grants under this part for each fiscal year, the [Secretary](/usc/42/17001.md?p=3) shall allocate—
  - (1) 34 percent to eligible [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md)—alternative 1, in accordance with [subsection (b)](#b);
  - (2) 34 percent to eligible [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md)—alternative 2, in accordance with [subsection (b)](#b);
  - (3) 28 percent to [States](/usc/42/17151.md?p=6) in accordance with [subsection (c)](#c);
  - (4) 2 percent to [Indian tribes](/usc/42/17151.md?p=4) in accordance with [subsection (d)](#d); and
  - (5) 2 percent for competitive grants under [section 17156 of this title](/usc/42/17156.md).
- (b) **Eligible units of local government—** Of amounts available for distribution to eligible [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) under subsection [(a)(1)](#a-1) or [(2)](#a-2), the [Secretary](/usc/42/17001.md?p=3) shall provide grants to eligible [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) under this section based on a formula established by the [Secretary](/usc/42/17001.md?p=3) according to—
  - (1) the populations served by the eligible [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md), according to the latest available decennial census; and
  - (2) the daytime populations of the eligible [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) and other similar factors (such as square footage of commercial, [office](/usc/42/3058f.md?p=1), and industrial space), as determined by the [Secretary](/usc/42/17001.md?p=3).
- (c) **States—** Of amounts available for distribution to [States](/usc/42/17151.md?p=6) under [subsection (a)(2)](#a-2), the [Secretary](/usc/42/17001.md?p=3) shall provide—
  - (1) not less than 1.25 percent to each [State](/usc/42/17151.md?p=6); and
  - (2) the remainder among the [States](/usc/42/17151.md?p=6), based on a formula to be established by the [Secretary](/usc/42/17001.md?p=3) that takes into account—
    - (A) the population of each [State](/usc/42/17151.md?p=6); and
    - (B) any other criteria that the [Secretary](/usc/42/17001.md?p=3) determines to be appropriate.
- (d) **Indian tribes—** Of amounts available for distribution to [Indian tribes](/usc/42/17151.md?p=4) under [subsection (a)(3)](#a-3), the [Secretary](/usc/42/17001.md?p=3) shall establish a formula for [allocation](/usc/42/2021b.md?p=2) of the amounts to [Indian tribes](/usc/42/17151.md?p=4), taking into account any factors that the [Secretary](/usc/42/17001.md?p=3) determines to be appropriate.
- (e) **Publication of allocation formulas—** Not later than 90 days before the beginning of each fiscal year for which grants are provided under this part, the [Secretary](/usc/42/17001.md?p=3) shall publish in the Federal Register the formulas for [allocation](/usc/42/2021b.md?p=2) established under this section.
- (f) **State and local advisory committee—** The [Secretary](/usc/42/17001.md?p=3) shall establish a [State](/usc/42/17151.md?p=6) and local [advisory committee](/usc/42/7703.md?p=9) to advise the [Secretary](/usc/42/17001.md?p=3) regarding administration, implementation, and evaluation of the [program](/usc/42/274l–1.md?p=4).

## Source credit

(Pub. L. 110–140, title V, § 543, Dec. 19, 2007, 121 Stat. 1668; Pub. L. 111–5, div. A, title IV, § 404(a), (b), Feb. 17, 2009, 123 Stat. 143.)

## Notes

### Editorial Notes

### Amendments

2009—Subsec. (a)(1). Pub. L. 111–5, § 404(a)(2), added par. (1) and struck out former par. (1) which read as follows: “68 percent to eligible units of local government in accordance with subsection (b);”.

Subsec. (a)(2) to (5). Pub. L. 111–5, § 404(a), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.

Subsec. (b). Pub. L. 111–5, § 404(b), substituted “subsection (a)(1) or (2)” for “subsection (a)(1)” in introductory provisions.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.