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42 U.S.C. § 8812 — Definitions
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:/
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Source location: Title 42, Chapter 96, § 8812; chapter-096-biomass-energy-and-alcohol-fuels.md
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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://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1141j/a&num=0&edition=prelim).
(9)
(A) The term “construction” means—
(i) the construction or acquisition of any biomass energy project;
(ii) the conversion of any facility to a biomass energy project; or
(iii) the expansion or improvement of any biomass energy project which increases the capacity or efficiency of that facility to produce biomass energy.
(B) Such term includes—
(i) the acquisition of equipment and machinery for use in or at the site of a biomass energy project; and
(ii) the acquisition of land and improvements thereon for the construction, expansion, or improvement of such a project, or the conversion of a facility to such a project.
(C) Such term does not include the acquisition of any facility which was operated as a biomass energy project before the acquisition.
(10) The term “Federal agency” means any Executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim).
(11)
(A) The term “financial assistance” means any of the following forms of financial assistance provided under this chapter, or any combination of such forms:
(i) loans,
(ii) loan guarantees,
(iii) price guarantees, and
(iv) purchase agreements.
(B) Such term includes any commitment to provide such assistance.
(12) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.] which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(13) The term “motor fuel” means gasoline, kerosene, and middle distillates (including diesel fuel).
(14)
(A) The term “municipal waste” means any organic matter, including sewage, sewage sludge, and industrial or commercial waste, and mixtures of such matter and inorganic refuse—
(i) from any publicly or privately operated municipal waste collection or similar disposal system, or
(ii) from similar waste flows (other than such flows which constitute agricultural wastes or residues, or wood wastes or residues from wood harvesting activities or production of forest products).
(B) Such term does not include any hazardous waste, as determined by the Secretary of Energy for purposes of this chapter.
(15)
(A) The term “municipal waste energy project” means any facility (or portion of a facility) located in the United States primarily for—
(i) the production of biomass fuel (and byproducts) from municipal waste; or
(ii) the combustion of municipal waste for the purpose of generating steam or forms of useful energy, including industrial process heat, mechanical power, or electricity (including cogeneration).
(B) Such term includes any necessary transportation, preparation, and disposal equipment and machinery for use in or at the site of the facility involved.
(16) The term “Office of Alcohol Fuels” means the Office of Alcohol Fuels established under [section 8820 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8820&num=0&edition=prelim).
(17) The term “person” means any individual, company, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, or any entity organized for a common business purpose, any State or local government (including any special purpose district or similar governmental unit) or any agency or instrumentality thereof, or any Indian tribe or tribal organization.
(18) The term “State” means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
(19) The term “small scale biomass energy project” means a biomass energy project with an anticipated annual production capacity of not more than 1,000,000 gallons of ethanol per year, or its energy equivalent of other forms of biomass energy.
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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
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
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 105
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds and declares that—
**(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims;
**(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska;
**(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971;
**(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize.
**(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1681
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Federal law — U.S. Code and appendices · legal_authorities
Page 7651
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8812
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, 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 Al-
cohol Fuels Act of 1980, which is classified principally
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.
SUBCHAPTER I—GENERAL BIOMASS
ENERGY DEVELOPMENT
§ 8811. Biomass energy development plans
(a) Plan respecting maximized production and
use by December 31, 1982; preparation, trans-
mission, etc.
Not later than 180 days after June 30, 1980, the
Secretary of Agriculture and the Secretary of
Energy shall jointly prepare, and transmit to
the President and the Congress, a plan for maxi-
mizing in accordance with this subchapter bio-
mass energy production and use. Such plan shall
be designed to achieve a total level of alcohol
production and use within the United States of
at least 60,000 barrels per day of alcohol by De-
cember 31, 1982.
(b) Comprehensive plan respecting maximized
production and use from January 1, 1983, to
December
31,
1990,
preparation,
trans-
mission, etc.
(1) Not later than January 1, 1982, the Sec-
retary of Agriculture and the Secretary of En-
ergy shall jointly prepare, and transmit to the
President and the Congress, a comprehensive
plan for maximizing in accordance with this
subchapter biomass energy production and use,
for the period beginning January 1, 1983, and
ending December 31, 1990. Such plan shall be de-
signed to achieve a level of alcohol production
within the United States equal to at least 10 per-
cent of the level of gasoline consumption within
the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8812
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Federal law — U.S. Code and appendices · legal_authorities
Page 434
TITLE 43—PUBLIC LANDS
§ 1600l
1 So in original. Probably should be ‘‘of’’.
§ 1600l. Authorization of appropriations
There is authorized to be appropriated to the
Department of the Interior $600,000, through the
end of fiscal year 1990, in addition to any other
funds now available to the Department to dis-
charge its duties to implement sections 1600b to
1600k of this title and section 4029 of title 42:
Provided, That by mutual agreement, such funds
shall be made available to the Federal Emer-
gency Management Agency to discharge its du-
ties under section 4029 of title 42: Provided fur-
ther, That the provisions of sections 1600d and
1600e of this title shall not be affected by this
section: And Provided further, in addition, Indian
tribes may be eligible under Public Law 93–638
[25 U.S.C. 5301 et seq.] to contract for studies of
Indian lands required under the provisions of
this chapter.
(Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.)
Editorial Notes
REFERENCES IN TEXT
Public Law 93–638, referred to in text, is Pub. L.
93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian
Self-Determination and Education Assistance Act,
which is classified principally to chapter 46 (§ 5301 et
seq.) of Title 25, Indians. For complete classification of
this Act to the Code, see Short Title note set out under
section 5301 of Title 25 and Tables.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, com-
ponents, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
gency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1601
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