Federal Assistance for Areas Impacted by Increased Coal or Uranium Production

The Acting General Counsel of the Department of Agriculture requested interpretation of a portion of the Powerplant and Industrial Fuel Use Act which established federal assistance for areas impacted by coal or uranium production. Eligibility for this assistance depends on a determination by a Governor for an area in the state that employment in coal or uranium production activities have increased by 8 percent or more in a base period over the immediately preceding year. The base period defined in the statute as "the most recent calendar year." According to GAO, both the plain meaning of the statute and its legislative history support the view that "the most recent calendar year" is determined with respect to the time of the Governor's finding, and not with respect to any calendar year since l975, of 8 percent increased employment. It is recommended that the final regulations of the Farmers Home Administration for the Energy Impacted Area Development Assistance Program include an amended definition of "base year" consistent with this decision.