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42 U.S.C. § 8801 — Lending for energy production and conservation projects by production credit associations, Federal land banks, and banks for cooperatives
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8801
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Stable record: federal_law:legal_authorities:record_usc_60cc4ac22d611bd6c7ea7c08
Source file: Laws/federal/codes/united-states-code/title-42/section-8801-lending-for-energy-production-and-conservation-projects-by-production-cr--37e7ba995d.md
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Source location: Title 42, Chapter 96, § 8801; chapter-096-biomass-energy-and-alcohol-fuels.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization; requirements; scope** If the report of the Secretary submitted pursuant to [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1521&num=0&edition=prelim) affirmatively recommends the establishment of the program and the Congress by law (after review of such recommendation) specifically authorizes the establishment of the program, the Secretary shall establish and implement within six months after the date of the enactment of such authorization a program, in cooperation with the insurance and reinsurance industry, to provide reservoir insurance to qualified eligible applicants in accordance with this section.
**(b) Definitions** For the purpose of this section—
(1) the term “investment” means the expenditure of, and any irrevocable legal obligation to expend, funds (together with the reasonable interest costs thereof) for the purchase or construction of machinery, equipment, and facilities manufactured, or for services contracted to be furnished, for the development and utilization of a geothermal resource in the United States to provide energy in the form of heat for direct use or for generation of electricity;
(2) the term “geothermal resource” means a resource in the United States including (A) all products of geothermal processes embracing indigenous steam, hot water, and hot brines; (B) steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (C) heat or other associated energy found in geothermal formations; and (D) any byproducts derived from them, where “byproduct” means any mineral or minerals (exclusive of oil, hydrocarbon gas, and helium) which are found in solution or in association with other geoth
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections 8791 to 8793 were omitted from the Code in view of termination of United States Synthetic Fuels Corporation. See note below.
Section 8791, Pub. L. 96–294, title I, § 191, June 30, 1980, 94 Stat. 681, related to dates for termination of awards or commitments by Corporation.
Section 8792, Pub. L. 96–294, title I, § 192, June 30, 1980, 94 Stat. 681, related to termination of Corporation’s affairs.
Section 8793, Pub. L. 96–294, title I, § 193, June 30, 1980, 94 Stat. 681, transferred Corporation’s powers to Department of the Treasury.
#### Termination of United States Synthetic Fuels Corporation
Pub. L. 99–272, title VII, subtitle E, Apr. 7, 1986, 100 Stat. 143, as amended by Pub. L. 101–508, title VI, § 6401, Nov. 5, 1990, 104 Stat. 1388–319, provided that: “SEC. 7401. SHORT TITLE.“This subtitle may be cited as the ‘Synthetic Fuels Corporation Act of 1985’. “SEC. 7402. CESSATION OF FINANCIAL ASSISTANCE AUTHORITY.“Effective on the date of enactment of this Act [Apr. 7, 1986], the United States Synthetic Fuels Corporation (hereafter in this subtitle referred to as the ‘Corporation’) may not make any legally binding awards or commitments for financial assistance (including any changes in an existing award or commitment) pursuant to the Energy Security Act [Pub. L. 96–294; see Short Title note set out under [section 8801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8801&num=0&edition=prelim)] for synthetic fuel project proposals, except that nothing in this Act [see Tables for classification] shall impair or alter the powers, duties, rights, obligations, privileges, or liabilities of the Corporation, its Board or Chairman, or project sponsors in the performance and completion of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8795
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) The term “alcohol” means alcohol (including methanol and ethanol) which is produced from biomass and which is suitable for use by itself or in combination with other substances as a fuel or as a substitute for petroleum or petrochemical feedstocks.
(2)
(A) The term “biomass” means any organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal wastes, municipal wastes, and aquatic plants.
(B) For purposes of subchapter I, such term does not include municipal wastes; and for purposes of subchapter III, such term does not include aquatic plants and municipal wastes.
(3) The term “biomass fuel” means any gaseous, liquid, or solid fuel produced by conversion of biomass.
(4) The term “biomass energy” means—
(A) biomass fuel; or
(B) energy or steam derived from the direct combustion of biomass for the generation of electricity, mechanical power, or industrial process heat.
(5) The term “biomass energy project” means any facility (or portion of a facility) located in the United States which is primarily for—
(A) the production of biomass fuel (and byproducts); or
(B) the combustion of biomass for the purpose of generating industrial process heat, mechanical power, or electricity (including cogeneration).
(6) The term “Btu” means British thermal unit.
(7) The term “cogeneration” means the combined generation by any facility of—
(A) electrical or mechanical power, and
(B) steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes.
(8) The term “cooperative” means any agricultural association, as that term is defined in [section 1141j(a) of title 12](https:/
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8812
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization of appropriations** To the extent provided in advance in appropriation Acts, for the two year period beginning October 1, 1980, there is authorized to be appropriated and transferred $1,170,000,000 from the Energy Security Reserve established in the Treasury of the United States under title II of the Act entitled “An Act making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1980, and for other purposes” (Public Law 96–126; 93 Stat. 970) and made available for obligation by such Act only to the extent provided in advance in appropriation Acts, as follows:
(1) $460,000,000 to the Secretary of Agriculture for carrying out activities under subchapter I, except of the amount of the financial assistance provided by the Secretary of Agriculture under subchapter I, up to one-third shall be for small-scale biomass energy projects;
(2) $460,000,000 to the Secretary of Energy for carrying out biomass energy activities under subchapter I, of which at least $500,000,000 11 So in original. Pub. L. 97–35 decreased appropriation to $460,000,000 from $600,000,000 without amending sum of $500,000,000. shall be available to the Office of Alcohol Fuels for carrying out its activities, and any amount not made available to the Office of Alcohol Fuels shall be available to the Secretary to carry out the purposes of subchapter I under available authorities of the Secretary, including authorities under subchapter I; and
(3) $250,000,000 shall be available to the Secretary of Energy for carrying out activities under subchapter II.
**(b) Availability of funds until expended** Funds made available under subsection (a) shall remain available until expended.
**(c) Determinations respecting amount of appropriati
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8813
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Federal law — U.S. Code and appendices · legal_authorities
The authorities in this chapter are in addition to and do not modify (except to the extent expressly provided for in this chapter) authorities and programs of the Department of Energy and of the Department of Agriculture under other provisions of law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8814
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary concerned** Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to guarantee, and guarantee, against loss of principal and interest, loans which are made to provide funds for the construction of biomass energy projects.
**(b) Estimated project construction costs as determinative of initial and revised amount of guarantee**
(1) Any guarantee of a loan under this section may not exceed 90 per centum of the cost of the construction of the biomass energy project involved, as estimated by the Secretary on the date of the guarantee or commitment to guarantee.
(2) In the event the construction costs of the project are thereafter estimated by the Secretary concerned to exceed the construction costs initially estimated by the Secretary, the Secretary may in addition, upon application therefor, guarantee, against loss of principal and interest, a loan for up to 60 per centum of the difference between the construction costs then estimated and the construction costs initially estimated.
**(c) Debt obligation; ineligibility for purchase, etc., by Federal Financing Bank or any Federal agency** Notwithstanding the provisions of the Federal Financing Bank Act of 1973 ([12 U.S.C. 2281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2281&num=0&edition=prelim) 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 guaranteed or committed to be guaranteed by the Secretary of Agriculture or the Secretary of Energy under this section shall be eligible for purchase by, or commitment to purchase by, or sale or issuance to, the Federal Financing Bank or any Federal agency.
**(d)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8818
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary concerned; minimum sales price** Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to guarantee, and guarantee, that the price that the owner or operator of any biomass energy project will receive for all or part of the production from that project shall not be less than a specified sales price determined as of the date of execution of the price guarantee or commitment to guarantee.
**(b) Cost-plus arrangements as basis**
(1) No price guarantee under this section may be based upon a cost-plus arrangement, or variant thereof, which guarantees a profit to the owner or operator involved.
(2) The use of a cost-of-service pricing mechanism by a person pursuant to law, or by a regulatory body establishing rates for a regulated person, shall not be deemed to be a cost-plus arrangement, or variant thereof, for purposes of paragraph (1).
**(c) Maximum dollar amount of liability of United States** Each price guarantee, or commitment to guarantee, which is made under this section shall specify the maximum dollar amount of liability of the United States under that guarantee.
**(d) Renegotiation of sales price and maximum liability** If the Secretary determines, in the discretion of the Secretary, that—
(1) a biomass energy project would not otherwise be satisfactorily completed or continued, and
(2) completion or continuation of such project would be necessary to achieve the purposes of this chapter,
the sales price set forth in the price guarantee, and maximum liability under such guarantee, may be renegotiated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8819
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary concerned; consultative requirements** Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to make, and make, purchase agreements for all or part of the biomass energy production of any biomass energy project, if the Secretary determines—
(1) that such biomass energy is of a type, quantity, and quality that can be used by Federal agencies; and
(2) that the quantity of such biomass energy, if delivery is accepted, would not exceed the likely needs of Federal agencies.
Each Secretary concerned shall consult with the other Secretary before making any determination under paragraph (2).
**(b) Maximum sales price** The sales price specified in a purchase agreement under this section may not exceed the estimated prevailing market price as of the date of delivery, as determined by the Secretary of Energy, unless the Secretary concerned determines that such sales price must exceed the estimated prevailing market price in order to ensure the production of biomass energy to achieve the purposes of this chapter.
**(c) Assurances required** The Secretary concerned in entering into, or committing to enter into, a purchase agreement under this section shall require—
(1) assurances that the quality of the biomass energy purchased will meet standards for the use for which such energy is purchased;
(2) assurances that the ordered quantities of such energy will be delivered on a timely basis; and
(3) such other assurances as may reasonably be required.
**(d) Arrangements for delivery pursuant to agreement; charge to Federal agency receiving delivery** The Secretary concerned may take delivery of biomass energy pursuant to a purchase agreement under this section if appropriate arrangements have been made for its distribut
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8820
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Priorities, terms, availability, etc.**
(1) Priority for financial assistance under this subchapter, and the most favorable financial terms available, shall be provided to a person for any biomass energy project that—
(A) uses a primary fuel other than petroleum or natural gas in the production of biomass fuel, such as geothermal energy resources, solar energy resources, or waste heat; or
(B) applies new technologies which expand the possible feedstocks, produces new forms of biomass energy, or produces biomass fuel using improved or new technologies.
Nothing in this paragraph shall be construed to exclude financial assistance for any project which does not use such a fuel or apply such a technology.
(2)
(A) Financial assistance under this subchapter shall be available for a biomass energy project only if the Secretary concerned finds that the Btu content of the motor fuels to be used in the facility involved to produce the biomass fuel will not exceed the Btu content of the biomass fuel produced in the facility.
(B) In making the determination under subparagraph (A), the Secretary concerned shall take into account any displacement of motor fuel or other petroleum products which the applicant has demonstrated to the satisfaction of the Secretary would result from the use of the biomass fuel produced in the facility involved.
(3) No financial assistance may be provided under this subchapter to any person for any biomass energy project if the Secretary concerned finds that the process to be used by the project will not extract the protein content of the feedstock for utilization as food or feed for readily available markets in any case in which to do so would be technically and economically practicable.
(4) Financial assistance may not be provided
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8821
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Federal law — U.S. Code and appendices · legal_authorities
No insured loan, loan guarantee, price guarantee, or purchase agreement may be committed to or made under this subchapter after September 30, 1984, except that all conditional commitments for loan guarantees under this subchapter which were in existence on September 30, 1984, are hereby extended through June 30, 1987. This section shall not be construed to affect the authority of the Secretary concerned to spend funds after such date pursuant to any contract for financial assistance made on or before that date under this subchapter. Notwithstanding any other provision of this subchapter, the Secretary of Energy may modify the terms and conditions of any conditional commitment for a loan guarantee under this subchapter made before October 1, 1984, including the amount of the loan guarantee. Nothing in this section shall be interpreted as indicating Congressional approval with respect to any pending conditional commitments under this Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8834
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