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42 U.S.C. § 8839 — General requirements regarding financial assistance

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8839 — 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

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Source file: Laws/federal/codes/united-states-code/title-42/section-8839-general-requirements-regarding-financial-assistance--68ea1ab1f1.md
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Source location: Title 42, Chapter 96, § 8839; chapter-096-biomass-energy-and-alcohol-fuels.md

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**(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 11 So in original. Probably should be “of the”. Treasury of the United States as miscellaneous receipts. **(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](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 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.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2281 — Congressional findings and declaration of purpose

The Congress finds that demands for funds through Federal and federally assisted borrowing programs are increasing faster than the total supply of credit and that such borrowings are not adequately coordinated with overall Federal fiscal and debt management policies. The purpose of this chapter is to assure coordination of these programs with the overall economic and fiscal policies of the Government, to reduce the cost of Federal and federally assisted borrowings from the public, and to assure that such borrowings are financed in a manner least disruptive of private financial markets and institutions.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8801 — 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.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2281 — Congressional findings and declaration of

Page 1434 TITLE 12—BANKS AND BANKING § 2281 ership, a Farm Credit bank may purchase as- sets of the Corporation. (g) Agreements against interests of conservator or receiver No agreement that tends to diminish or defeat the right, title, or interest of the conservator or receiver for the Corporation in any asset ac- quired by the conservator or receiver as conser- vator or receiver for the Corporation shall be valid against the conservator or receiver unless the agreement— (1) is in writing; (2) is executed by the Corporation and any person claiming an adverse interest under the agreement, including the obligor, contempora- neously with the acquisition of the asset by the Corporation; (3) is approved by the Board or an appro- priate committee of the Board, which approval shall be reflected in the minutes of the Board or committee; and (4) has been, continuously, from the time of the agreement’s execution, an official record of the Corporation. (h) Report to Congress On a determination by the receiver for the Corporation that there are insufficient assets of the receivership to pay all valid claims against the receivership, the receiver shall submit to the Secretary of the Treasury, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the fi- nancial condition of the receivership. (i) Termination of authorities (1) Corporation The charter of the Corporation shall be can- celed, and the authority provided to the Cor- poration by this subchapter shall terminate, on such date as the Farm Credit Administra- tion Board determines is appropriate following the placement of the Corporation in receiver- ship, but not later than the conclusion of the receiver

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 2281

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8839 — Office of Energy from Municipal Waste

Page 7664 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8838 1 See References in Text note below. 1 So in original. Probably should be ‘‘transferred’’. 1 See References in Text note below. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to chapter 74 (§ 5901 et seq.) of this title. Sec- tion 19 of the Act was classified to section 5919 of this title prior to repeal by Pub. L. 109–58, title X, § 1009(b)(12), Aug. 8, 2005, 119 Stat. 936. For complete classification of this Act to the Code, see Short Title note set out under section 5901 of this title and Tables. This chapter, referred to in subsec. (d), was in the original ‘‘this title’’, meaning title II of Pub. L. 96–294, June 30, 1980, 94 Stat. 683, known as the Biomass Energy and Alcohol Fuels Act of 1980, which is classified prin- cipally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 8801 of this title and Tables. § 8838. Jurisdiction of Department of Energy and Environmental Protection Agency The provisions of section 5920(c) 1 of this title, relating to the responsibilities of the Environ- mental 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 ac- tions under section 5920 1 of this title. (Pub. L. 96–294, title II, § 238, June 30, 1980, 94 Stat. 704.) Editorial Notes REFERENCES IN TEXT Section 5920 of this title, referred to in text, was re- pealed by Pub. L. 109–58, title X, § 1009(b)(12), Aug. 8, 2005, 119 Stat. 936. § 8839. Office of Energy from Municipal Waste (a) Establishment in Department of Energy; ap- pointment of Director There is hereby established within the Depart-

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