(Pub. L. 96-320, title IV, § 403, Aug. 3, 1980, 94 Stat. 998; Pub. L. 98-623, title VI, § 602(a)(11), (12), (e)(6), Nov. 8, 1984, 98 Stat. 3411, 3412.) REFERENCES IN TEXT The customs laws, referred to in subsec. (c), are classified generally to Title 19, Customs Duties. The Tariff Act of 1930, as amended, referred to in subsec. (c)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is classified generally to chapter 4 (§ 1202 et seq.) of Title 19. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. AMENDMENTS 1984-Subsec. (a)(1). Pub. L. 98-623, § 602(a)(11), inserted "and all of which is located seaward of the highwater mark,”. Subsec. (c)(2). Pub. L. 98-623, § 602(a)(12), substituted "ocean thermal energy conversion facility or plantship documented under the laws of the United States and licensed" for "ocean thermal energy conversion facility or plantship licensed". Pub. L. 98-623, § 602(e)(6), substituted "Secretary of the Treasury, including the provisions of the Tariff Act of 1930, as amended (19 U.S.C. 1202), and other laws codified in title 19," for "Secretary of the Treasury". TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 9164. Submarine electric transmission cable and equipment safety (a) Standards and regulations The Secretary of Energy, in cooperation with other interested Federal agencies and departments, shall establish and enforce such standards and regulations as may be necessary to assure the safe construction and operation of submarine electric transmission cables and equipment subject to the jurisdiction of the United States. Such standards and regulations shall include, but not be limited to, requirements for the use of the safest and best available technology for submarine electric transmission cable shielding, and for the use of automatic switches to shut off electric current in the event of a break in such a cable. (b) Report to Congress on appropriation and staffing needs The Secretary of Energy, in cooperation with other interested Federal agencies and departments, is authorized and directed to report to the Congress within 60 days after August 3, 1980, on appropriations and staffing needed to monitor submarine electric transmission cables and equipment subject to the jurisdiction of the United States so as to assure that they meet all applicable standards for construction, operation, and maintenance. (Pub. L. 96-320, title IV, § 404, Aug. 3, 1980, 94 Stat. 999.) § 9165. Annual report Within 6 months after the end of each fiscal year after August 3, 1980, the Administrator shall submit to the President of the Senate and the Speaker of the House of Representatives a report on the administration of this chapter during such fiscal year. Such report shall include, with respect to the fiscal year covered by the report (1) a description of progress in implementing this chapter; (2) a list of all licenses issued, suspended, revoked, relinquished, surrendered, terminated, renewed, or transferred; denials of issuance of licenses; and required suspensions and modifications of activities under licenses; (3) a description of ocean thermal energy conversion activities undertaken pursuant to licenses; (4) the number and description of all civil and criminal proceedings instituted under subchapter III of this chapter, and the current status of such proceedings; and (5) such recommendations as the Administrator deems appropriate for amending this chapter. (Pub. L. 96-320, title IV, § 405, Aug. 3, 1980, 94 Stat. 999; Pub. L. 98-623, title VI, § 602(c), Nov. 8, 1984, 98 Stat. 3411.) AMENDMENTS 1984-Pub. L. 98-623 substituted "each fiscal year" for "each of the first 3 fiscal years" in provisions preceding par. (1). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9127 of this title. § 9166. Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce, for the use of the Administrator in carrying out the provisions of this chapter, not to exceed $3,000,000 for the fiscal year ending September 30, 1981, not to exceed $3,500,000 for the fiscal year ending September 30, 1982, not to exceed $3,500,000 for the fiscal year ending September 30, 1983, not to exceed $480,000 for each of the fiscal years ending September 30, 1984 and September 30, 1985, and not to exceed $630,000 for each of the fiscal years ending September 30, 1986 and September 30, 1987. (Pub. L. 96-320, title IV, § 406, Aug. 3, 1980, 94 Stat. 1000; Pub. L. 98-623, title VI, § 601, Nov. 8, 1984, 98 Stat. 3410.) AMENDMENTS 1984-Pub. L. 98-623 inserted provisions authorizing appropriations not to exceed $480,000 for each of the fiscal years ending September 30, 1984 and September 30, 1985, and not to exceed $630,000 for each of the fiscal years ending September 30, 1986 and September 30, 1987. § 9167. Severability If any provision of this chapter or any application thereof is held invalid, the validity of the remainder of the chapter, or any other application, shall not be affected thereby. (Pub. L. 96-320, title IV, § 407, Aug. 3, 1980, 94 Stat. 1000.) § 9168. Report to Congress on promotion and enhancement of export potential of ocean thermal energy conversion components, facilities, and plantships Within 18 months after November 8, 1984, the Administrator shall submit to the President of the Senate and the Speaker of the House of Representatives a report detailing what steps the United States Government is taking and plans to take to promote and enhance the export potential of ocean thermal energy conversion components, facilities, and plantships manufactured by United States industry. Such report shall include (1) the relevant views of the National Oceanic and Atmospheric Administration, International Trade Administration, Maritime Administration, Department of Energy, Small Business Administration, United States International Development Cooperative Agency, the Office of the Special Trade Representative, and other relevant United States Government agencies; (2) the findings of studies conducted by the Administrator to fulfill the intent of this sec tion; (3) a summary of activities, including consultations held with representatives of both the ocean thermal energy conversion and financial industries conducted by the Administrator to fulfill the intent of this section; and (4) such recommendations as the Administrator deems appropriate for amending this chapter or other relevant Acts to better promote and enhance the export potential of ocean thermal energy conversion components, facilities and plantships manufactured by United States industry. (Pub. L. 96-320, title IV, § 408, as added Pub. L. 98-623, title VI, § 602(d), Nov. 8, 1984, 98 Stat. 3411.) Sec. 9205. 9206. 9207. 9208. 9209. 9210. 9211. 9212. 9213. Technology application programs. (a) Unit, operating, and maintenance (b) Proposals for Federal assistance. (f) Procedure for loans for small or large (g) Funds for Federal agency systems; Wind resource assessment. Criteria for program selection. Administrative provisions. (a) Monitoring of performance; collection and evaluation of data; studies, investigations, and special reports to Congress. (b) Liaison. (c) Availability of information. Utilization of capabilities and facilities. Analysis of applications of wind energy systems. Encouragement and protection of small busi ness. (a) Opportunities for participation in programs. (b) Protection of trade secrets and other proprietary information. (c) Manufacture or sale of wind energy systems in compliance with antitrust laws; restriction against creation of noncompetitive market situations. General provisions. (a) Additional projects or activities. (b) Application to States, territories and possessions. Authorization of appropriations. § 9201. Congressional findings and declaration of purpose (a) The Congress finds that (1) the United States is faced with a finite and diminishing resource base of native fossil fuels and, as a consequence, must develop as quickly as possible a diversified, pluralistic national energy capability and posture; (2) the current imbalance between supply and demand for fuels and energy in the United States is likely to grow for many years; (3) it is in the Nation's interest to provide opportunities for the increased production of electricity from renewable energy sources; (4) the early wide-spread utilization of wind energy for the generation of electricity and for mechanical power could lead to relief on the demand for existing non-renewable fuel and energy supplies; (5) the use of large wind energy systems for certain limited applications is already economically feasible; (6) the use of small wind energy systems for certain applications is already economically feasible, and therefore, the Federal Government should not undertake any financial incentive or financial initiative which may detrimentally affect commercial markets for small wind energy systems; (7) an aggressive research, development and demonstration program to accelerate widespread utilization of wind energy should solve existing technical problems of converting wind energy into electricity and mechanical energy and, supported by an assured and growing market for wind energy systems during the next decade, should maximize the future contribution of wind energy to the Nation's future energy production; (8) it is the proper and appropriate role of the Federal Government to undertake research and development, to participate in demonstration programs for wind energy systems, and to assist private industry, other entities, and the general public in hastening the widespread utilization of such systems; (9) the widespread use of wind energy systems to supplement and replace conventional methods for the generation of electricity and mechanical power would have a beneficial effect upon the environment; (10) the evaluation of the performance and reliability of wind energy technologies can be expedited by the testing of prototypes under carefully controlled conditions; (11) innovation and creativity in the development of components and systems for converting wind energy into electricity and mechanical energy can be fostered through encouraging direct contact between the manufacturers of such components and systems and utilities and other persons interested in utilizing such components and systems; and (12) consistent with the findings of the Domestic Policy Review on Solar Energy, wind energy can potentially contribute 1.7 quads of energy per year by the year 2000. (b) It is declared to be the policy of the United States and the purpose of this chapter to establish during the next eight years an aggressive research, development, demonstration, and technology applications program for converting wind energy into electricity and mechanical energy. It is declared to be the further policy of the United States and the purpose of this chapter that the objectives of such program are (1) to reduce the average cost of electricity produced by installed wind energy systems, by the end of fiscal year 1988, to a level competitive with conventional energy sources; (2) to reach a total megawatt capacity in the United States from wind energy systems, by the end of fiscal year 1988, of at least eight hundred megawatts, of which at least one hundred megawatts are provided by small wind energy systems; and (3) to accelerate the growth of a commercially viable and competitive industry to make wind energy systems available to the general public as an option in order to reduce national consumption of fossil fuel. (Pub. L. 96-345, § 2, Sept. 8, 1980, 94 Stat. 1139.) SHORT TITLE Section 1 of Pub. L. 96–345 provided: “That this Act [enacting this chapter] may be cited as the 'Wind Energy Systems Act of 1980'." § 9202. Definitions For purposes of this chapter (1) the term "wind energy system" means a system of components which converts the kinetic energy of the wind into electricity or mechanical power, and which comprises all necessary components, including energy storage, power conditioning, control systems, and transmission systems, where appropriate, to provide electricity or mechanical power for individual, residential, agricultural, commercial, industrial, utility, or governmental use; (2) the term "small wind energy system" means a wind energy system having a maximum rated capacity of one hundred kilowatts or less; (3) the term "large wind energy system" means a wind energy system which is not a small wind energy system; (4) the term "public and private entity" means any individual, corporation, partnership, firm, association, agricultural cooperative, public- or investor-owned utility, public or private institution or group, any State or local government agency, or any other domestic entity; (5) the term "known wind resource" means a site with an estimated average annual wind velocity of at least twelve miles per hour; (6) the term "conventional energy source" means energy produced from oil, gas, coal, and nuclear fuels; and (7) the term "Secretary" means the Secretary of Energy. (Pub. L. 96-345, § 3, Sept. 8, 1980, 94 Stat. 1140.) § 9203. Comprehensive program management plan (a) Program activities and periods; consultations with heads of Federal agencies and non-Federal organizations The Secretary shall prepare a comprehensive program management plan for the research, development, demonstration, and technology application activities to carry out the purposes of this chapter. The program activities shall be conducted in accordance with such comprehensive plan which shall include (1) a five-year program for small wind energy systems, (2) an eight-year program for large wind energy systems, and (3) a three-year program for wind resource assessment 1 which shall be consistent with the provisions of sections 9204, 9205, and 9206 of this title. In the preparation of such plan, the Secretary shall consult with the Administrator of the National Aeronautics and Space Administration, the Secretary of the Interior, and the heads of such other Federal agencies and such public and private organizations as he deems appropriate. 1 So in original. Probably should be followed by a comma. (b) Initial transmittal to Congressional committees The Secretary shall transmit the comprehensive program management plan to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate within nine months after September 8, 1980. (c) Subsequent transmittals to Congress; descriptive statement: current plan, changes, justification for changes, progress, interagency cooperation, and recommendations for achievement of goals Concurrently with the submission of the President's annual budget to the Congress for each year after the year in which the comprehensive plan is initially transmitted under subsection (b) of this section, the Secretary shall transmit to the Congress a detailed description of the comprehensive plan as then in effect, setting forth the modifications which may be necessary to appropriately revise such plan and any changes in circumstances which may have occurred since the plan or the last previous modification thereof was transmitted in accordance with this section. The detailed description of the comprehensive plan under this subsection shall include but need not be limited to a statement setting forth with respect to each of the programs under this chapter any changes in (1) the anticipated research, development, demonstration, and technology application objectives to be achieved by the program; (2) the program elements, management structure, and activities, including any regional aspects and field responsibilities thereof; (3) the program strategies and technology applications plans, including detailed milestone goals to be achieved during the next fiscal year for all major activities and projects; (4) any significant economic, environmental, and societal effects which the program may have; (5) the total estimated cost of individual program items; and (6) the estimated relative financial contributions of the Federal Government and nonFederal participants in the program. Such description shall also include a detailed justification of any such changes, a detailed description of the progress made toward achieving the goals of this chapter, a statement on the status of interagency cooperation in meeting such goals, and any legislative or other recommendations which the Secretary may have to help attain such goals. (Pub. L. 96-345, § 4, Sept. 8, 1980, 94 Stat. 1141.) CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundredth Congress, Jan. 6, 1987. Committee on Science, Space, and Technology of House of Representatives changed to Committee on Science of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9205 of this title. § 9204. Research, development, and demonstration (a) Areas of knowledge limiting system utilization The Secretary shall initiate research and development or accelerate existing research and development in areas in which the lack of knowledge limits the widespread utilization of wind energy systems in order to achieve the purposes of this chapter. (b) Development of system prototypes and improvements (1) The Secretary shall continue an aggressive program for the development of prototypes of advanced wind energy systems. (2) As often as he deems appropriate, the Secretary shall solicit and evaluate proposals for the research and development of any new or improved technologies, which, in the Secretary's opinion, will contribute to the development of improvements in current wind energy systems. (c) Acquisition of economic, scientific, and technological information of system operations under various circumstances and conditions The Secretary is authorized to enter into contracts, grants, and cooperative agreements with public and private entities for the purchase, fabrication, installation, and testing to obtain scientific, technological, and economic information from the demonstration of a variety of prototypes of advanced wind energy systems under a variety of circumstances and conditions. (d) Other provisions inapplicable In carrying out the responsibilities under this section, the Secretary is not subject to the requirements of section 553 of title 5 or section 7191 of this title. (Pub. L. 96-345, § 5, Sept. 8, 1980, 94 Stat. 1141.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9203, 9207 of this title. § 9205. Technology application programs (a) Unit, operating, and maintenance costs The Secretary shall establish a technology application program for wind energy systems to achieve the purposes of this chapter by reduction in unit costs of wind energy systems through mass production and by determination of operating and maintenance costs through broad operational systems experience. (b) Proposals for Federal assistance In achieving the objectives of this section, the Secretary shall solicit and evaluate proposals for Federal assistance pursuant to paragraphs (1), (2), and (3) of subsection (c) of this section for investigating, purchasing, and installing such wind energy systems from public or private entities wishing to utilize wind energy systems. (c) Forms of Federal assistance In achieving the objectives of this section, the Secretary is authorized to use various forms of Federal assistance including, but not limited to (1) contracts and cooperative agreements; (3) loans; and (4) direct Federal procurement. (d) Quantity production and utilization In carrying out his duties under this chapter, the Secretary is authorized to enter into such contracts and cooperative agreements with any public or private entity as may be necessary or appropriate for the production and utilization of large and small wind energy systems in quantities sufficient to achieve the objectives of this section. (e) Procedure for direct grants for large systems; limitation of amount In carrying out his duties under this chapter, the Secretary shall, within six months of September 8, 1980, establish procedures to allow any public or private entity wishing to install a large wind energy system to apply for and, upon meeting such terms and conditions as the Secretary may prescribe, to receive a direct grant for a portion of the total purchase and installation cost of such wind energy system: Provided, That grants for the portion of such cost in the case of large wind energy systems shall not exceed (A) 50 per centum of such cost during the first six years of the program under this subsection, and (B) 25 per centum of such cost during the seventh or eighth year of the program. (f) Procedure for loans for small or large systems; limitation of amount; term; interest; prepayment; other terms and conditions (1) In carrying out his duties under this chapter, the Secretary shall, within six months of September 8, 1980, establish procedures to allow public or private entities wishing to install a small or large wind energy system to apply for and, upon meeting such terms and conditions as the Secretary may prescribe, to receive loans for up to 75 per centum of the total purchase and installation costs of wind energy systems providing in the aggregate up to three hundred and twenty megawatts peak generating capacity involving at a minimum four projects: Provided, That no such loan in any fiscal year shall be for more than 50 per centum of the amount appropriated under this chapter for such fiscal year. (2) Each loan shall be for a term which the Secretary deems appropriate, but no loan shall exceed twenty years beyond the date the wind energy system becomes operational. (3) Each loan made pursuant to this section shall bear interest at the discount or interest rate used at the time the loan is made for water resource planning projects under section 1962d-17 of this title. Such loan can be prepaid at any time without prepayment penalty and shall be contingent upon such other terms and conditions prescribed by the Secretary. (g) Funds for Federal agency systems; projects and activities for technology applications of systems (1) In carrying out his duties under this chapter, the Secretary is authorized to provide funds for the accelerated procurement and installation of small and large wind energy systems by Federal agencies. (2) The Secretary is authorized to enter into arrangements with appropriate Federal agencies, including the Water and Power Resources Services and the Federal power marketing agencies for large wind energy systems, to carry out such projects and activities as may be appropriate for the broad technology applications of small and large wind energy systems which are suitable and effective for use by such Federal agencies. (h) Observation, monitoring, and reporting requirements; public inspection The terms and conditions prescribed by the Secretary under this subsection shall require such observation, monitoring, and reporting requirements as the Secretary deems necessary for a period of five years and shall provide for members of the public to view and inspect the system under reasonable conditions. (i) Termination of new Federal assistance and Federal assistance programs New Federal assistance for technology applications systems shall terminate upon the appropriate determination by the Secretary, in the annual update of the comprehensive program management plan pursuant to section 9203 of this title. Termination of the small wind energy systems program shall occur when the Secretary finds that such systems have become economically competitive with conventional energy sources, or on September 30, 1985, whichever occurs first. Termination of the large wind energy systems program shall occur when the Secretary finds that such systems have become economically competitive with conventional energy sources, or on September 30, 1988, whichever occurs first. (Pub. L. 96-345, § 6, Sept. 8, 1980, 94 Stat. 1142.) REFERENCES IN TEXT Section 1962d-17 of this title, referred to in subsec. (f)(3), was in the original "section 80 of the Water Resources Development Act of 1974 (42 U.S.C. 1962(d)-17(a))". Section 80 of the Water Resources Development Act of 1974 is classified to section 1962d-17 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9203, 9207 of this title. § 9206. Wind resource assessment The Secretary shall initiate a three-year national wind resource assessment program. As part of such program, the Secretary shall (1) conduct activities to validate existing assessments of known wind resources; (2) perform wind resource assessments in regions of the United States where the use of wind energy may prove feasible; (3) initiate a general site prospecting program; |