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42 U.S.C. § 15901 — Projects enhancing insular energy independence

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

42 U.S.C. § 15901 — Projects enhancing insular energy independence

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Source file: Laws/federal/codes/united-states-code/title-42/section-15901-projects-enhancing-insular-energy-independence--2bdec5715f.md
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Source location: Title 42, Chapter 149, § 15901; chapter-149-national-energy-policy-and-programs.md

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**(a) Project feasibility studies** (1) **In general** — On a request described in paragraph (2), the Secretary shall conduct a feasibility study of a project to implement a strategy or project identified in the plans submitted to Congress pursuant to [section 1492 of title 48](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1492&num=0&edition=prelim) as having the potential to— (A) significantly reduce the dependence of an insular area on imported fossil fuels; or (B) provide needed distributed generation to an insular area. (2) **Request** — The Secretary shall conduct a feasibility study under paragraph (1) on— (A) the request of an electric utility located in an insular area that commits to fund at least 10 percent of the cost of the study; and (B) if the electric utility is located in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, written support for that request by the President or the Ambassador of the affected freely associated state. (3) **Consultation** — The Secretary shall consult with regional utility organizations in— (A) conducting feasibility studies under paragraph (1); and (B) determining the feasibility of potential projects. (4) **Feasibility** — For the purpose of a feasibility study under paragraph (1), a project shall be determined to be feasible if the project would significantly reduce the dependence of an insular area on imported fossil fuels, or provide needed distributed generation to an insular area, at a reasonable cost. **(b) Implementation** (1) **In general** — On a determination by the Secretary (in consultation with the Secretary of the Interior) that a project is feasible under subsection (a) and a commitment by an electric utility to operate and maintain the project, the Secretary may provide such technical and financial assistance as the Secretary determines is appropriate for the implementation of the project. (2) **Regional utility organizations** — In providing assistance under paragraph (1), the Secretary shall consider providing the assistance through regional utility organizations. **(c) Authorization of appropriations** (1) **In general** — There are authorized to be appropriated to the Secretary— (A) $500,000 for each fiscal year for project feasibility studies under subsection (a); and (B) $4,000,000 for each fiscal year for project implementation under subsection (b). (2) **Limitation of funds received by insular areas** — No insular area may receive, during any 3-year period, more than 20 percent of the total funds made available during that 3-year period under subparagraphs (A) and (B) of paragraph (1) unless the Secretary determines that providing funding in excess of that percentage best advances existing opportunities to meet the objectives of this section.

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

48 U.S.C. § 1492 — Energy resources of Caribbean and Pacific insular areas

**(a) Congressional findings** The Congress finds that— (1) the Caribbean and Pacific insular areas of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau are virtually completely dependent on imported sources of energy; (2) the dependence of such areas on imported sources of energy coupled with the increasing cost and the uncertain availability and supply of such sources of energy will continue to frustrate the political, social, and economic development of such areas by placing increasingly severe fiscal burdens on the local governments of these areas; (3) these insular areas are endowed with a variety of renewable sources of energy which, if developed, would alleviate their dependence on imported sources of energy, relieve the fiscal burden on local governments imposed by the costs of imported fuel, and strengthen the base for political, social, and economic development; (4) appropriate technologies are presently available to develop the renewable energy resources of these insular areas but that comprehensive energy plans have not been adequately developed to meet the energy demands of these areas from renewable energy resources; (5) electric power transmission and distribution lines in insular areas are inadequate to withstand damage caused by the hurricanes and typhoons which frequently occur in insular areas and such damage often costs millions of dollars to repair; and (6) the refinement of renewable energy technologies since the publication of the 1982 Territorial Energy Assessment prepared pursuant to subsection (c) reveals the need to reassess the state of energy production, consumption, infrastructure, reliance on imported energy, opportunities for energ

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

42 U.S.C. § 15901 — Definition of Secretary

Page 8724 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15891 (C) promoting downstream sediment trans- port processes and habitat maintenance; and (D) improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recre- ation, and infrastructure that improves river recreation opportunity. (c) Limitations (1) Costs Incentive payments under this section shall not exceed 30 percent of the costs of the appli- cable capital improvement. (2) Maximum amount Not more than 1 incentive payment may be made under this section with respect to cap- ital improvements at a single qualified hydro- electric facility in any 1 fiscal year, the amount of which shall not exceed $5,000,000. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $553,600,000 for fiscal year 2022, to remain available until ex- pended. (Pub. L. 109–58, title II, § 247, as added Pub. L. 117–58, div. D, title III, § 40333(a), Nov. 15, 2021, 135 Stat. 1023.) Editorial Notes REFERENCES IN TEXT The Federal Power Act, referred to in subsec. (a)(1)(B), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Ta- bles. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. PART D—INSULAR ENERGY § 15891. Projects enhancing insular

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