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42 U.S.C. § 8821 — General requirements regarding financial assistance
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
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Source file: Laws/federal/codes/united-states-code/title-42/section-8821-general-requirements-regarding-financial-assistance--a203a8f5da.md
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Source location: Title 42, Chapter 96, § 8821; chapter-096-biomass-energy-and-alcohol-fuels.md
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**(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 under this subchapter to any person unless the Secretary concerned—
(A) finds that necessary feedstocks are available and it is reasonable to expect they will continue to be available in the future, and, for biomass energy projects using wood or wood wastes or residues from the National Forest System, there shall be taken into account current levels of use by then existing facilities;
(B) has obtained assurance that the person receiving such financial assistance will bear a reasonable degree of risk in the construction and operation of the project; and
(C) has determined that the amount of financial assistance provided for the project is not greater than is necessary to achieve the purposes of this chapter.
(5) In providing financial assistance under this subchapter, the Secretary concerned shall give due consideration to promoting competition.
(6) In determining the amount of financial assistance for any biomass energy project which will yield byproducts in addition to biomass energy, the Secretary shall consider the potential value of such byproducts and the costs attributable to their production.
**(b) Terms, conditions, maturity, etc., for insured loans, and loan guarantees** An insured loan may not be made, and a loan guarantee may not be issued, under this subchapter unless the Secretary concerned determines that the terms, conditions, maturity, security, and schedule and amounts of repayments with respect to such loan are reasonable and meet such standards as the Secretary determines are sufficient to protect the financial interests of the United States.
**(c) Application requirements**
(1) No financial assistance may be provided to any person under this subchapter unless an application therefor—
(A) has been submitted to the Secretary concerned by that 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 biomass energy project involved, 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 concerned may require.
**(d) Reports and recordkeeping**
(1) Every recipient of financial assistance under this subchapter shall, as a condition precedent thereto, consent to such examinations and reports regarding the biomass energy project involved as the Secretary concerned may require.
(2) With respect to each biomass energy project for which financial assistance is provided under this subchapter, 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) Contracts and instruments of Secretary concerned backed by full faith and credit of United States** All contracts and instruments of the Secretary concerned to provide, or providing, for financial assistance shall be general obligations of the United States backed by its full faith and credit.
**(f) 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.
**(g) Fees for loan guarantees, etc.**
(1) A fee or fees may be charged and collected by the Secretary concerned for any loan guarantee, price guarantee, or purchase agreement provided under this subchapter.
(2) The amount of such fee shall be based on the estimated administrative costs and risk of loss, except that such fee may not exceed 1 per centum of the amount of the financial assistance provided.
**(h) Deposit of amounts received by Secretary concerned** All amounts received by the Secretary of Agriculture or the Secretary of Energy as fees, interest, repayment of principal, and any other moneys received by either Secretary from activities under this subchapter shall be deposited in the Treasury of the United States as miscellaneous receipts. The preceding sentence shall not apply to insured loans made under [section 8813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8813&num=0&edition=prelim).
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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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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
Page 7658
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8821
retary of the Treasury, the Secretary of Agri-
culture, the Secretary of Transportation, the
Secretary of Commerce, the Administrator of
the Community Services Administration, the
Administrator of the Environmental Protection
Agency, or their appointed representatives, in
order to coordinate the programs under the Di-
rector’s responsibility with other programs
within the Department of Energy and in such
Federal agencies, which are related to the pro-
duction of alcohol.
(Pub. L. 96–294, title II, § 220, June 30, 1980, 94
Stat. 696.)
Statutory Notes and Related Subsidiaries
COMMUNITY SERVICES ADMINISTRATION
Community Services Administration, which was es-
tablished by section 601 of Economic Opportunity Act
of 1964, as amended (42 U.S.C. 2941), terminated when
Economic Opportunity Act of 1964, Pub. L. 88–452, Aug.
20, 1964, 78 Stat. 508, as amended, was repealed, except
for titles VIII and X, effective Oct. 1, 1981, by section
683(a) of Pub. L. 97–35, title VI, Aug. 13, 1981, 95 Stat.
519, which is classified to 42 U.S.C. 9912(a). An Office of
Community Services, headed by a Director, was estab-
lished in Department of Health and Human Services by
section 676 of Pub. L. 97–35, which is classified to 42
U.S.C. 9905.
§ 8821. Termination of authorities; modification
of terms and conditions of conditional com-
mitments for loan guarantees
No insured loan, loan guarantee, price guar-
antee, or purchase agreement may be committed
to or made under this subchapter after Sep-
tember 30, 1984, except that all conditional com-
mitments for loan guarantees under this sub-
chapter which were in existence on September
30, 1984, are hereby extended through June 30,
1987. This section shall not be constru
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8821
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