§ 8835. General requirements regarding financial assistance (a) Priorities, terms, availability, etc. (1) Priority for financial assistance under the provisions of sections 8832, 8833, and 8834 of this title and the most favorable financial terms available, shall be provided for any municipal waste energy project that will (A) produce a liquid fuel from municipal waste; or (B) will displace petroleum or natural gas as a fuel. (2)(A) With respect to projects producing biomass energy other than biomass fuel, financial assistance under the provisions of sections 8832, 8833, and 8834 of this title shall be available only if the Secretary of Energy finds that the project does not use petroleum or natural gas except for flame stabilization or start-up. (B) With respect to projects producing biomass fuel, financial assistance under such provisions shall be available to such project only if the Secretary of Energy finds that the Btu content of the biomass fuel produced substantially exceeds the Btu content of any petroleum or natural gas used in the project to produce the biomass fuel. (3) Financial assistance may not be provided under section 8832, 8833, or 8834 of this title unless the Secretary of Energy finds that necessary municipal waste feedstocks are available and it is reasonable to expect they will continue to be available for the expected economic life of the project. (4) In providing financial assistance under section 8832, 8833, or 8834 of this title, the Secretary of Energy shall give due consideration to promoting competition. (5) In determining the amount of financial assistance for any municipal waste energy project which will yield byproducts in addition to biomass energy, the Secretary shall consider the value of such byproducts and the costs attributable to their production. (6) The Secretary of Energy shall not provide financial assistance under section 8832, 8833, or 8834 of this title for any municipal waste energy unless the Secretary determines (A) the project will be technically and economically viable; (B) the financial assistance provided encourages and supplements, but does not compete with nor supplant, any private capital investment which otherwise would be available to the proposed municipal waste energy project on reasonable terms and conditions which would permit such project to be undertaken; (C) assurances are provided that the project will not use, in any substantial quantities, waste paper which would otherwise be recycled for a use other than as a fuel and will not substantially compete with facilities in existence on the date of the financial assistance which are engaged in the separation or recovery of reuseable materials from municipal waste; and (D) that the amount of financial assistance provided for the project is not greater than is necessary to achieve the purposes of this chapter. (b) Terms, conditions, maturity, etc. Financial assistance may not be provided under section 8832, 8833, or 8834 of this title unless the Secretary of Energy determines that (1) the terms, conditions, maturity, security and schedule and amounts of repayments with respect to such assistance are reasonable and meet such standards as the Secretary determines are sufficient to protect the financial interests of the United States; and (2) the person receiving such financial assistance will bear a reasonable degree of risk with respect to the project. (c) Application requirements (1) No financial assistance may be provided to any person under section 8832, 8833, or 8834 of this title unless an application therefor (A) has been submitted to the Secretary of Energy by such person in such form and under such procedures as the Secretary shall prescribe, consistent with the requirements of this subchapter, and (B) has been approved by the Secretary in accordance with such procedures. (2) Each such application shall include information regarding the construction costs of the municipal waste energy project involved (if appropriate), and estimates of operating costs and income relating to that project (including the sale of any byproducts from that project). In addition, each applicant shall provide (A) access at reasonable times to such other information, and (B) such assurances, as the Secretary of Energy may require. (d) Reports and recordkeeping (1) Every person receiving financial assistance under section 8832, 8833, or 8834 of this title shall, as a condition precedent thereto, consent to such examinations and reports thereon regarding the municipal waste energy project involved as the Secretary of Energy may require. (2) With respect to each municipal waste energy project for which financial assistance is provided under section 8832, 8833, or 8834 of this title, the Secretary shall (A) require from the recipient of financial assistance such reports and records relating to that project as the Secretary deems necessary; (B) prescribe the manner in which such recipient shall keep such records; and (C) have access to such records at reasonable times for the purpose of ensuring compliance with the terms and conditions upon which financial assistance is provided. (e) Deposit of amounts received All amounts received by the Secretary of Energy as fees, interest, repayment of principal, and any other moneys received by the Secretary from operations under section 8832, 8833, or 8834 of this title shall be deposited in the general fund of Treasury of the United States as miscellaneous receipts. 'So in original. Probably should be "of the". (f) Contracts and instruments backed by full faith and credit of United States All contracts and instruments of the Secretary of Energy to provide, or providing, for financial assistance shall be general obligations of the United States backed by its full faith and credit. (g) Contestability of contracts Subject to the conditions of any contract for financial assistance, such contract shall be incontestable in the hands of the holder, except as to fraud or material misrepresentation on the part of the holder. (h) Eligibility of debt obligations for purchase, sale, or issuance to Federal Financing Bank or any Federal agency Notwithstanding the provisions of the Federal Financing Bank Act of 1973 (12 U.S.C. 2281 et seq.) or any other provision of law (except as may be specifically provided by reference to this subsection in any Act enacted after June 30, 1980), no debt obligation which is made or committed to be made, or which is guaranteed or committed to be guaranteed by the Secretary of Energy under section 8832, 8833, or 8834 of this title shall be eligible for purchase by, or commitment to purchase by, or sale or issuance to, the Federal Financing Bank or any Federal agency. (Pub. L. 96-294, title II, § 235, June 30, 1980, 94 Stat. 701.) REFERENCES IN TEXT The Federal Financing Bank Act of 1973, referred to in subsec. (h), is Pub. L. 93-224, Dec. 29, 1973, 87 Stat. 937, as amended, which is classified generally to chapter 24 (§ 2281 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 2281 of Title 12 and Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 8832, 8833 of this title. § 8836. Financial assistance program administration The Secretary of Energy shall establish procedures and take such other actions as may be necessary regarding the solicitation, review, and evaluation of applications, and awarding of financial assistance under section 8832, 8833, or 8834 of this title as may be necessary to carry out the plan established under section 8831 of this title. (Pub. L. 96-294, title II, § 236, June 30, 1980, 94 Stat. 703.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 8832, 8833 of this title. § 8837. Commercialization demonstration program pursuant to Federal nonnuclear energy research and development (a) Establishment and conduct pursuant to other Federal statutory authorities; required undertak. ings subsequent to consultations (1) The Secretary of Energy shall establish and conduct, pursuant to the authorities con tained in the Federal Nonnuclear Energy Research and Development Act of 1974 [42 U.S.C. 5901 et seq.), an accelerated research, development, and demonstration program for promoting the commercial viability of processes for the recovery of energy from municipal wastes. (2) The provisions of subsections (d), (m), and (x)(2) of section 19 of such Act [42 U.S.C. 5919(d), (m), and (x)(2)] shall not apply with respect to the program established under this section. (3) As part of the program established under this section, the Secretary, after consulting with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall undertake (A) the research, development, and demonstration of technologies to recover energy from municipal wastes; (B) the development and application of new municipal waste-to-energy recovery technologies; (C) the assessment, evaluation, demonstration, and improvement of the performance of existing municipal waste-to-energy recovery technologies with respect to capital costs, operating and maintenance costs, total project financing, recovery efficiency, and the quality of recovered energy and energy intensive materials; (D) the evaluation of municipal waste energy projects for the purpose of developing a base of engineering data that can be used in the design of future municipal waste energy projects to recover energy from municipal wastes; and (E) research studies on the size and other significant characteristics of potential markets for municipal waste-to-energy recovery technologies, and recovered energy, and energy intensive materials. (e) Deposit of moneys received All amounts received by the Secretary of Energy as fees, interest, repayment of principal, and any other moneys received by the Secretary from operations under this section shall be deposited in the general fund of the Treasury of the United States as miscellaneous receipts. (Pub. L. 96-294, title II, § 237, June 30, 1980, 94 Stat. 703.) REFERENCES IN TEXT The Federal Nonnuclear Energy Research and Development Act of 1974, referred to in subsec. (a)(1), is Pub. L. 93-577, Dec. 31, 1974, 88 Stat. 1878, as amended, which is classified generally to chapter 74 (§ 5901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5901 of this title and Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 8839 of this title. § 8838. Jurisdiction of Department of Energy and Environmental Protection Agency The provisions of section 5920(c) of this title, relating to the responsibilities of the Environmental Protection Agency and the Department of Energy, shall apply with respect to actions under this subchapter to the same extent and in the same manner as such provisions apply to actions under section 5920 of this title. (Pub. L. 96-294, title II, § 238, June 30, 1980, 94 Stat. 704.) § 8839. Office of Energy from Municipal Waste (a) Establishment in Department of Energy; appointment of Director There is hereby established within the Department of Energy an Office of Energy from Municipal Waste (hereinafter in this section referred to as the "Office") to be headed by a Director, who shall be appointed by the Secretary of Energy. (b) Functions It shall be the function of the Office to perform (1) the research, development, demonstration, and commercialization activities authorized under this subchapter (including those authorized under section 8837 of this title), and (2) such other duties relating to the production of energy from municipal waste as the Secretary of Energy may assign to the Office. (c) Consultations respecting implementation of functions In carrying out functions tranferred or assigned to the Office, the Secretary of Energy 1 So in original. Probably should be "transferred". shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and the heads of such other Federal agencies, as appropriate. (d) Transfer of related functions and personnel from Department of Energy The Secretary shall provide for the transfer to the Office of the functions relating to, and personnel of the Department who are responsible for the administration of, programs in existence on June 30, 1980, which relate to the research, development, demonstration, and commercialization of technologies for the recovery of energy from municipal waste. (Pub. L. 96-294, title II, § 239, June 30, 1980, 94 Stat. 704.) § 8840. Termination of authorities No financial assistance may be committed to or made under this subchapter after September 30, 1984. This section shall not be construed to affect the authority of the Secretary of Energy to spend funds after such date pursuant to any award of financial assistance made on or before that date. (Pub. L. 96-294, title II, § 240, June 30, 1980, 94 Stat. 705.) SUBCHAPTER III-RURAL, AGRICULTUR- § 8851. Model demonstration biomass energy facilities; establishment, public inspection, etc.; authorization of appropriations (a) The Secretary of Agriculture shall establish not more than ten model demonstration biomass energy facilities for purposes of exhibiting the most advanced technology available for producing biomass energy. Such facilities and information regarding the operation of such facilities shall be available for public inspection, and, to the extent practicable, such facilities shall be established in various regions in the United States. Such facilities may be established in cooperation with appropriate departments or agencies of the States, or appropriate in various regions in the United States. Such facilities may be established in cooperation with appropriate departments or agencies of the States, or appropriate departments, agencies, or other instrumentalities of the United States. (b) For purposes of carrying out subsection (a) of this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1981, 1982, 1983, and 1984. (Pub. L. 96-294, title II, § 251, June 30, 1980, 94 Stat. 705.) § 8852. Coordination of research and extension activities; consultative requirements (a) The Secretary of Agriculture shall coordinate the applied research and extension programs conducted under this subchapter and under the amendments made by this subchapter to section 1419 [7 U.S.C. 3154] and subtitle B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 [7 U.S.C. 3129],1 section 1 of the Bankhead-Jones Act [7 U.S.C. 427], section 3 of the Forest and Rangeland Renewable Resources Research Act of 1978 [16 U.S.C. 1642], and sections 1 and 2 of the Smith-Lever Act [7 U.S.C. 341, 342] with the programs of the Department of Energy. (b) In carrying out this subchapter and the amendments made by this subchapter, the Secretary of Agriculture shall consult on a continuing basis with (1) the Subcommittee on Food, Agricultural, and Forestry Research of the Federal Coordinating Council for Science, Engineering, and Technology; (2) the Joint Council on Food and Agricultural Sciences; and (3) the National Agricultural Research and Extension Users Advisory Board; for the purpose of coordinating research and extension activities. (Pub. L. 96-294, title II, § 257, June 30, 1980, 94 Stat. 708; Pub. L. 97-98, title XIV, § 1406(c), Dec. 22, 1981, 95 Stat. 1299.) REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this subtitle", meaning subtitle C (§§ 251-262) of title II of Pub. L. 96-294, June 30, 1980, 94 Stat. 705, as amended, which enacted this subchapter and sections 1435 and 3129 of Title 7, Agriculture, and amended sections 341, 342, 427, and 3154 of Title 7 and sections 590h and 1642 of Title 16, Conservation. For complete classification of subtitle C to the Code, see Tables. 7 U.S.C. 3129, referred to in subsec. (a), was repealed by Pub. L. 101-624, title XVI, § 1601(f)(1)(C), Nov. 28, 1990, 104 Stat. 3704. AMENDMENTS 1981-Subsec. (b)(1). Pub. L. 97-98 substituted "Subcommittee on Food, Agricultural, and Forestry Research" for "Subcommittee on Food and Renewable Resources". EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97-98, set out as an Effective Date note under section 4301 of Title 7, Agriculture. § 8853. Lending for energy production and conservation projects by production credit associations, Federal land banks, and banks for cooperatives The Farm Credit Administration shall encourage production credit associations, Federal land banks, and banks for cooperatives to use existing authorities to make loans to eligible persons for commercially feasible biomass energy projects. (Pub. L. 96-294, title II, § 258, June 30, 1980, 94 Stat. 709.) 88854. Utilization of National Forest System in wood energy development projects The Secretary of Agriculture may make available the timber resources of the National 1 See References in Text note below. Forest System, in accordance with appropriate timber appraisal and sale procedures, for use by biomass energy projects. (Pub. L. 96-294, title II, § 261, June 30, 1980, 94 Stat. 710.) § 8855. Forest Service leases and permits It is the intent of the Congress that the Secretary of Agriculture shall process applications for leases of National Forest System lands and for permits to explore, drill, and develop resources on land leased from the Forest Service, notwithstanding the current status of any plan being prepared under section 1604 of title 16. (Pub. L. 96-294, title II, § 262, June 30, 1980, 94 Stat. 710.) SUBCHAPTER IV-MISCELLANEOUS § 8871. Use of gasohol in Federal motor vehicles The President shall, by executive order, require that motor vehicles which are owned or leased by Federal agencies and are capable of operating on gasohol shall use gasohol where available at reasonable prices and in reasonable quantities. (b) Exceptions The President may provide for exceptions to the requirement of subsection (a) of this section where necessary, including to protect the national security. (c) Gasohol requirements Such executive order shall specify the alcohol-gasoline mixture or mixtures which shall constitute "gasohol" for purposes of such order, as well as specifications for its use. (Pub. L. 96-294, title II, § 271, June 30, 1980, 94 Stat. 710.) REPORT ON EXEMPTIONS AND SENSE OF CONGRESS REGARDING PURCHASE OF DOMESTIC GASOHOL Pub. L. 102-190, div. A, title VIII, § 841(c), (d), Dec. 5, 1991, 105 Stat. 1449, provided that: "(c) REPORT ON EXEMPTIONS.-The Secretary of Defense shall review all exemptions granted for the Department of Defense, and the Administrator of the General Services Administration shall review all exemptions granted for Federal agencies and departments, to the requirements of section 2398 of title 10, United States Code, and section 271 of the Energy Security Act (Public Law 96-294; 42 U.S.C. 8871) and shall terminate any exemption that the Secretary or the Administrator determines is no longer appropriate. Not later than 90 days after the date of the enactment of this Act [Dec. 5, 1991], the Secretary and the Administrator shall submit jointly to Congress a report on the results of the review, with a justification for the exemptions that remain in effect under those provisions of law. "(d) SENSE of Congress.-It is the sense of Congress that whenever any motor vehicle capable of operating on gasoline or alcohol-gasoline blends that is owned or operated by the Department of Defense or any other department or agency of the Federal Government is refueled, it shall be refueled with an alcohol-gasoline blend containing at least 10 percent domestically produced alcohol if available along the normal travel route of the vehicle at the same or lower price than unleaded gasoline." Ex. ORD. No. 12261. IMPLEMENTATION OF USE OF Ex. Ord. No. 12261, Jan. 5, 1981, 46 F.R. 2023, provided: By the authority vested in me as President of the United States of America by Section 271 of the Energy Security Act (94 Stat. 710; Public Law 96-294; 42 U.S.C. 8871), in order to require Federal agencies which own or lease motor vehicles to use gasohol in those vehicles which are capable of operating on gasohol where it is available at reasonable prices and in reasonable quantities, it is hereby ordered as follows: 1-101. In procurement actions for unleaded gasoline motor fuel, Federal agencies shall, whenever feasible, specify that gasohol is an acceptable substitute motor fuel. In such procurements there shall be a preference for the purchase of gasohol. 1-102. Agencies may procure the components of gasohol and do their own blending. 1-103. In determining the feasibility of specifying gasohol as a substitute motor fuel in procurement actions for unleaded gasoline, agencies shall include in their considerations such factors as the availability of storage facilities for bulk purchases and the number of vehicles capable of operating on gasohol. 1-104. Agencies shall designate those vehicles which are capable of using gasohol, consistent with overall agency needs and sound vehicle management practices. Agencies shall specify the conditions governing the use of gasohol, including when gasohol shall be purchased from normal retail outlets by vehicle operators. 1-105. The use of gasohol by the Department of Defense pursuant to this Order shall be in accordance with Section 815 of the Department of Defense Authorization Act, 1980 (93 Stat. 817; Public Law 96-107; 10 U.S.C. 2388 note) which provides for the use of gasohol to the maximum extent feasible and consistent with overall defense needs and sound vehicle management practices, as determined by the Secretary of Defense. 1-106. Vehicles used in experimental programs to test fuels other than gasohol are excepted from this Order. 1-107. The authority vested in the President by Section 271(b) of the Energy Security Act (42 U.S.C. 8871(b)) is delegated to the Secretary of Defense with respect to gasohol use by the Department of Defense, and delegated to the Administrator of General Services with respect to gasohol use by other agencies. 1-108. Federal agencies shall make available to the Department of Energy, upon request, relevant data or information they possess concerning agency gasohol usage. 1-109. For purposes of this Order "Gasohol" means a motor fuel which has an octane rating of not less than 87 (R+M)/2 and which consists of approximately 90 percent unleaded gasoline and approximately 10 percent anhydrous (199 proof or above) ethyl alcohol derived from biomass, as defined in Section 203(2)(A) of the Energy Security Act (94 Stat. 683; Public Law 96-294; 42 U.S.C. 8802(2)(A)). 1-110. (a) The Secretary of Defense with respect to gasohol use by the Department of Defense, and the Administrator of General Services with respect to gasohol use by other agencies, shall issue such guidelines for the implementation of this Order as they deem appropriate. (b) Such guidelines shall provide for a determination of reasonable prices and reasonable quantities based on the local prevailing price of unleaded gasolines, the octane requirements for vehicles in the Federal fleet, local market availability of gasohol or its components, and other such factors, as may be appropriate. JIMMY CARTER. CHAPTER 97-ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY Sec. 8901. 8902. 8903. 8904. 8905. 8906. 8911. 8912. SUBCHAPTER I-ACID PRECIPITATION Introductory provisions. (a) Congressional statement of findings and purpose. (b) Congressional declaration of purpose. (c) "Acid precipitation" defined. Comprehensive ten-year program. (a) Implementation by Acid Precipita- (b) Research management consortium; Comprehensive research plan. (a) Preparation by Task Force for tenyear program; purposes. (b) Scope. (c) Procedures applicable. (d) Convening of Task Force. (e) Submission of annual report to President and Congress by Task Force. (f) Applicability of other statutory provisions to Task Force or plan. Implementation of comprehensive plan; new or existing regulatory authorities, etc., not granted or modified. Authorization of appropriations. Updated data base on acid content in precipitation; new monitoring site not required. SUBCHAPTER II-CARBON DIOXIDE Comprehensive study of projected impact on atmospheric levels of fossil fuel combustion, etc. (a) Implementing agreement between Director of Office of Science and Technology and National Academy of Sciences; contents; conduct; status report by President respecting negotiations of Office. (b) Final report by Office and Academy; contents; prior clearance or review of work of Academy; recommendations. (c) Information from other Federal agencies and departments. (d) Separate assessment by Office of interagency implementation requirements. Authorization of appropriations. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 7403 of this title. SUBCHAPTER I-ACID PRECIPITATION § 8901. Introductory provisions (a) Congressional statement of findings and purpose The Congress finds and declares that acid precipitation resulting from other than natural sources (1) could contribute to the increasing pollution of natural and man-made water systems; (2) could adversely affect agricultural and forest crops; (3) could adversely affect fish and wildlife and natural ecosystems generally; (4) could contribute to corrosion of metals, wood, paint, and masonry used in construc |