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42 U.S.C. § 5904 — Research, development, and demonstration program governing principles

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

42 U.S.C. § 5904 — Research, development, and demonstration program governing principles

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Source file: Laws/federal/codes/united-states-code/title-42/section-5904-research-development-and-demonstration-program-governing-principles--36ad19b5ef.md
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Source location: Title 42, Chapter 74, § 5904; chapter-074-nonnuclear-energy-research-and-development.md

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**(a)** The Congress authorizes and directs that the comprehensive program in research, development, and demonstration required by this chapter shall be designed and executed according to the following principles: (1) Energy conservation shall be a primary consideration in the design and implementation of the Federal nonnuclear energy program. For the purposes of this chapter, energy conservation means both improvement in efficiency of energy production and use, and reduction in energy waste. (2) The environmental and social consequences of a proposed program shall be analyzed and considered in evaluating its potential. (3) Any program for the development of a technology which may require significant consumptive use of water after the technology has reached the stage of commercial application shall include thorough consideration of the impacts of such technology and use on water resources pursuant to the provisions of [section 5912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5912&num=0&edition=prelim). (4) Heavy emphasis shall be given to those technologies which utilize renewable or essentially inexhaustible energy sources. (5) The potential for production of net energy by the proposed technology at the stage of commercial application shall be analyzed and considered in evaluating proposals. **(b)** The Congress further directs that the execution of the comprehensive research, development, and demonstration program shall conform to the following principles: (1) Research and development of nonnuclear energy sources shall be pursued in such a way as to facilitate the commercial availability of adequate supplies of energy to all regions of the United States. (2) In determining the appropriateness of Federal involvement in any particular research and development undertaking, the Secretary shall give consideration to the extent to which the proposed undertaking satisfies criteria including, but not limited to, the following: (A) The urgency of public need for the potential results of the research, development, or demonstration effort is high, and it is unlikely that similar results would be achieved in a timely manner in the absence of Federal assistance. (B) The potential opportunities for non-Federal interests to recapture the investment in the undertaking through the normal commercial utilization of proprietary knowledge appear inadequate to encourage timely results. (C) The extent of the problems treated and the objectives sought by the undertaking are national or widespread in their significance. (D) There are limited opportunities to induce non-Federal support of the undertaking through regulatory actions, end use controls, tax and price incentives, public education, or other alternatives to direct Federal financial assistance. (E) The degree of risk of loss of investment inherent in the research is high, and the availability or risk capital to the non-Federal entities which might otherwise engage in the field of the research is inadequate for the timely development of the technology. (F) The magnitude of the investment appears to exceed the financial capabilities of potential non-Federal participants in the research to support effective efforts.

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

42 U.S.C. § 5912 — Water resource assessments

**(a) Assessments by Water Resources Council of water resource requirements and water supply availability for nonnuclear energy technologies; preparation requirements** The Water Resources Council shall undertake assessments of water resource requirements and water supply availability for any nonnuclear energy technology and any probable combinations of technologies which are the subject of Federal research and development efforts authorized by this chapter, and the commercial development of which could have significant impacts on water resources. In the preparation of its assessment, the Council shall— (1) utilize to the maximum extent practicable data on water supply and demand available in the files of member agencies of the Council; (2) collect and compile any additional data it deems necessary for complete and accurate assessments; (3) give full consideration to the constraints upon availability imposed by treaty, compact, court decree, State water laws, and water rights granted pursuant to State and Federal law; (4) assess the effects of development of such technology on water quality; (5) include estimates of cost associated with production and management of the required water supply, and the cost of disposal of waste water generated by the proposed facility or process; (6) assess the environmental, social, and economic impact of any change in use of currently utilized water resource that may be required by the proposed facility or process; and (7) consult with the Council on Environmental Quality. **(b) Request by Secretary that Water Resources Council prepare assessment of availability of adequate water resources for proposed demonstration projects; report; publication** For any proposed demonstration project which may involve a significant impact on wa

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

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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

42 U.S.C. § 5906 — Federal assistance and participation in programs

**(a) Forms of activities authorized** In carrying out the objectives of this chapter, the Secretary may utilize various forms of Federal assistance and participation which may include but are not limited to— (1) joint Federal-industry experimental, demonstration, or commercial corporations consistent with the provisions of subsection (b) of this section; (2) contractual arrangements with non-Federal participants including corporations, consortia, universities, governmental entities and nonprofit institutions; (3) contracts for the construction and operation of federally owned facilities; (4) Federal purchases or guaranteed price of the products of demonstration plants or activities consistent with the provisions of subsection (c) of this section; (5) Federal loans to non-Federal entities conducting demonstrations of new technologies; (6) incentives, including financial awards, to individual inventors, such incentives to be designed to encourage the participation of a large number of such inventors; and (7) Federal loan guarantees and commitments thereof as provided in section 5919 11 See Codification note below. of this title. **(b) Proposed joint Federal-industry corporations; operational guidelines; powers, duties, and functions; composition; scope of Federal assistance and participation; specific authorization** Joint Federal-industry corporations proposed for congressional authorization pursuant to this chapter shall be subject to the provisions of [section 5908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5908&num=0&edition=prelim) and shall conform to the following guidelines except as otherwise authorized by Congress: (1) Each such corporation may design, construct, operate, and maintain one or more experime

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5906

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

42 U.S.C. § 5904 — Research, development, and demonstra-

Page 6627 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5904 Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary’’, meaning Secretary of Energy, sub- stituted in text for ‘‘Administrator’’, meaning Admin- istrator of Energy Research and Development Adminis- tration, pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Energy Re- search and Development Administration and trans- ferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of En- ergy. § 5903d. Clean coal technology projects; pro- posals, implementation, funding, etc. Within 60 days following December 19, 1985, the Secretary of Energy shall, pursuant to the Fed- eral Nonnuclear Energy Research and Develop- ment Act of 1974 (42 U.S.C. 5901, et seq.), issue a general request for proposals for clean coal tech- nology projects for which the Secretary of En- ergy upon review may provide financial assist- ance awards. Proposals for clean coal tech- nology projects under this section shall be sub- mitted to the Department of Energy within 60 days after issuance of the general request for proposals. The Secretary of Energy shall make any project selections no later than August 1, 1986: Provided, That the Secretary may vest fee title or other property interests acquired under cost-shared clean coal technology agreements in any entity, including the United States: Pro- vided further, That the Secretary shall not fi- nance more than 50 per centum of the total costs of a project as estimated by the Secretary as of the date of award of financial assistance: Pro- vided further, That cost-sharing by project spon- sors is required in each of the design

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