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42 U.S.C. § 13331 — Renewable energy production incentive
Federal law — U.S. Code and appendices · legal_authorities
**(a) Incentive payments**
(1) For electric energy generated and sold by a qualified renewable energy facility during the incentive period, the Secretary shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility.
(2) The amount of such payment made to any such owner or operator shall be as determined under subsection (e).
(3) Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment.
(4)
(A) Subject to subparagraph (B), if there are insufficient appropriations to make full payments for electric production from all qualified renewable energy facilities for a fiscal year, the Secretary shall assign—
(i) 60 percent of appropriated funds for the fiscal year to facilities that use solar, wind, marine energy (as defined in [section 17211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17211&num=0&edition=prelim)), geothermal, or closed-loop (dedicated energy crops) biomass technologies to generate electricity; and
(ii) 40 percent of appropriated funds for the fiscal year to other projects.
(B) After submitting to Congress an explanation of the reasons for the alteration, the Secretary may alter the percentage requirements of subparagraph (A).
**(b) Qualified renewable energy facility** For purposes of this section, a qualified renewable energy facility is a facility which is owned by a not-for-profit electric cooperative, a public utility described in [section 115 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section115&num=0&edition=prelim), a State, Commonwealth, territory, or possession of
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Source file: Laws/federal/codes/united-states-code/title-42/section-13331-renewable-energy-production-incentive--a9cdcd7b1f.md
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Source location: Title 42, Chapter 134, § 13331; chapter-134-energy-policy.md
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**(a) Incentive payments**
(1) For electric energy generated and sold by a qualified renewable energy facility during the incentive period, the Secretary shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility.
(2) The amount of such payment made to any such owner or operator shall be as determined under subsection (e).
(3) Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment.
(4)
(A) Subject to subparagraph (B), if there are insufficient appropriations to make full payments for electric production from all qualified renewable energy facilities for a fiscal year, the Secretary shall assign—
(i) 60 percent of appropriated funds for the fiscal year to facilities that use solar, wind, marine energy (as defined in [section 17211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17211&num=0&edition=prelim)), geothermal, or closed-loop (dedicated energy crops) biomass technologies to generate electricity; and
(ii) 40 percent of appropriated funds for the fiscal year to other projects.
(B) After submitting to Congress an explanation of the reasons for the alteration, the Secretary may alter the percentage requirements of subparagraph (A).
**(b) Qualified renewable energy facility** For purposes of this section, a qualified renewable energy facility is a facility which is owned by a not-for-profit electric cooperative, a public utility described in [section 115 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section115&num=0&edition=prelim), a State, Commonwealth, territory, or possession of the United States, or the District of Columbia, or a political subdivision thereof, an Indian tribal government or subdivision thereof, or a Native Corporation (as defined in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim)), and which generates electric energy for sale in, or affecting, interstate commerce using solar, wind, biomass, landfill gas, livestock methane, marine energy (as defined in [section 17211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17211&num=0&edition=prelim)), or geothermal energy, except that—
(1) the burning of municipal solid waste shall not be treated as using biomass energy; and
(2) geothermal energy shall not include energy produced from a dry steam geothermal reservoir which has—
(A) no mobile liquid in its natural state;
(B) steam quality of 95 percent water; and
(C) an enthalpy for the total produced fluid greater than or equal to 1200 Btu/lb (British thermal units per pound).
**(c) Eligibility window** Payments may be made under this section only for electricity generated from a qualified renewable energy facility first used before October 1, 2016.
**(d) Payment period** A qualified renewable energy facility may receive payments under this section for a 10-fiscal year period. Such period shall begin with the fiscal year in which electricity generated from the facility is first eligible for such payments, or in which the Secretary determines that all necessary Federal and State authorizations have been obtained to begin construction of the facility.
**(e) Amount of payment**
(1) **In general** — Incentive payments made by the Secretary under this section to the owner or operator of any qualified renewable energy facility shall be based on the number of kilowatt hours of electricity generated by the facility through the use of solar, wind, biomass, landfill gas, livestock methane, marine energy (as defined in [section 17211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17211&num=0&edition=prelim)), or geothermal energy during the payment period referred to in subsection (d). For any facility, the amount of such payment shall be 1.5 cents per kilowatt hour, adjusted as provided in paragraph (2).
(2) **Adjustments** — The amount of the payment made to any person under this subsection as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 1993 in the same manner as provided in the provisions of [section 29(d)(2)(B) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section29/d/2/B&num=0&edition=prelim),11 See References in Text note below. except that in applying such provisions the calendar year 1993 shall be substituted for calendar year 1979.
**(f) Sunset** No payment may be made under this section to any facility after September 30, 2026, and no payment may be made under this section to any facility after a payment has been made with respect to such facility for a 10-fiscal year period.
**(g) Authorization of appropriations** There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2006 through 2026, to remain available until expended.
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 26 U.S.C. § 29
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allowance of credit** For purposes of section 38, the nonconventional source production credit determined under this section for the taxable year is an amount equal to—
(1) $3, multiplied by
(2) the barrel-of-oil equivalent of qualified fuels—
(A) sold by the taxpayer to an unrelated person during the taxable year, and
(B) the production of which is attributable to the taxpayer.
**(b) Limitations and adjustments**
(1) **Phaseout of credit** — The amount of the credit allowable under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as—
(A) the amount by which the reference price for the calendar year in which the sale occurs exceeds $23.50, bears to
(B) $6.
(2) **Credit and phaseout adjustment based on inflation** — The $3 amount in subsection (a) and the $23.50 and $6 amounts in paragraph (1) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. In the case of gas from a tight formation, the $3 amount in subsection (a) shall not be adjusted.
(3) **Credit reduced for grants, tax-exempt bonds, and subsidized energy financing**
(A) *In general* — The amount of the credit allowable under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1) and (2)) shall be reduced by the amount which is the product of the amount so determined for such year and a fraction—
(i) the numerator of which is the sum, for the taxable year and all prior taxable years, of—
(I) grants provided by the United States, a State, or a political subdivision of a State for use in connection with the project,
(II) proceeds of any
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, the term—
**(a)** “Secretary” means the Secretary of the Interior;
**(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final;
**(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives;
**(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality;
**(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Energy, in coordination with other appropriate Federal and multilateral agencies (including the United States Agency for International Development) shall support collaborative efforts with international partners to promote the research, development, and demonstration of geothermal technologies used to develop hydrothermal and enhanced geothermal system resources.
**(b) United States Trade and Development Agency** The Director of the United States Trade and Development Agency may—
(1) encourage participation by United States firms in actions taken to carry out subsection (a); and
(2) provide grants and other financial support for feasibility and resource assessment studies conducted in, or intended to benefit, less developed countries.
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Federal law — U.S. Code and appendices · legal_authorities
Gross income does not include—
(1) income derived from any public utility or the exercise of any essential governmental function and accruing to a State or any political subdivision thereof, or the District of Columbia; or
(2) income accruing to the government of any possession of the United States, or any political subdivision thereof.
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Federal law — U.S. Code and appendices · legal_authorities
Page 8551
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 13331
1 So in original. Probably should be ‘‘sections’’.
cept that in applying such provisions the cal-
endar year 1993 shall be substituted for cal-
endar year 1979.
(f) Sunset
No payment may be made under this section
to any facility after September 30, 2026, and no
payment may be made under this section to any
facility after a payment has been made with re-
spect to such facility for a 10-fiscal year period.
(g) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section
for each of fiscal years 2006 through 2026, to re-
main available until expended.
(Pub. L. 102–486, title XII, § 1212, Oct. 24, 1992, 106
Stat. 2969; Pub. L. 109–58, title II, § 202, Aug. 8,
2005, 119 Stat. 651; Pub. L. 116–260, div. Z, title
III, § 3006(c), Dec. 27, 2020, 134 Stat. 2513.)
Editorial Notes
REFERENCES IN TEXT
Section 29 of title 26, referred to in subsec. (e)(2), was
renumbered section 45K of title 26 by Pub. L. 109–58,
title XIII, § 1322(a)(1), Aug. 8, 2005, 119 Stat. 1011.
AMENDMENTS
2020—Subsec. (a)(4)(A)(i). Pub. L. 116–260, § 3006(c)(1),
substituted ‘‘marine energy (as defined in section 17211
of this title)’’ for ‘‘ocean (including tidal, wave, cur-
rent, and thermal)’’.
Subsec. (b). Pub. L. 116–260, § 3006(c)(2), in introduc-
tory provisions, substituted ‘‘marine energy (as defined
in section 17211 of this title)’’ for ‘‘ocean (including
tidal, wave, current, and thermal)’’.
Subsec. (e)(1). Pub. L. 116–260, § 3006(c)(3), substituted
‘‘marine energy (as defined in section 17211 of this
title)’’ for ‘‘ocean (including tidal, wave, current, and
thermal)’’.
2005—Subsec. (a). Pub. L. 109–58, § 202(a), designated
first, second, and third se
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