42 U.S.C. § 8871 — Use of gasohol in Federal motor vehicles

Page 7665 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8871 (1) the Subcommittee on Food, Agricultural, and Forestry Research of the Federal Coordi- nating Council for Science, Engineering, and Technology; (2) the Joint Council on Food and Agricul- tural Sciences; and (3) the National Agricultural Research and Extension Users Advisory Board; for the purpose of coordinating research and ex- tension activities. (Pub. L. 96–294, title II, § 257, June 30, 1980, 94 Stat. 708; Pub. L. 97–98, title XIV, § 1406(c), Dec. 22, 1981, 95 Stat. 1299.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle C (§§ 251–262) of title II of Pub. L. 96–294, June 30, 1980, 94 Stat. 705, which enacted this subchapter and sections 1435 and 3129 of Title 7, Agriculture, and amended sections 341, 342, 3104, and 3154 of Title 7 and sections 590h and 1642 of Title 16, Conservation. For complete classification of subtitle C to the Code, see Tables. 7 U.S.C. 3154, referred to in subsec. (a), was repealed by Pub. L. 110–246, title VII, § 7110(a), June 18, 2008, 122 Stat. 1980. 7 U.S.C. 3129, referred to in subsec. (a), was repealed by Pub. L. 101–624, title XVI, § 1601(f)(1)(C), Nov. 28, 1990, 104 Stat. 3704. AMENDMENTS 1981—Subsec. (b)(1). Pub. L. 97–98 substituted ‘‘Sub- committee on Food, Agricultural, and Forestry Re- search’’ for ‘‘Subcommittee on Food and Renewable Re- sources’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of Title 7, Agriculture. § 8853. Lending for energy production and con- servation projects by production credit asso- ciations, Federal land banks, and banks for cooperatives The Farm Credit Administration shall encour- age production credit associations, Federal land banks, and banks for cooperatives to use exist- ing authorities to make loans to eligible persons for commercially feasible biomass energy projects. (Pub. L. 96–294, title II, § 258, June 30, 1980, 94 Stat. 709.) § 8854. Utilization of National Forest System in wood energy development projects The Secretary of Agriculture may make avail- able the timber resources of the National Forest System, in accordance with appropriate timber appraisal and sale procedures, for use by bio- mass energy projects. (Pub. L. 96–294, title II, § 261, June 30, 1980, 94 Stat. 710.) § 8855. Forest Service leases and permits It is the intent of the Congress that the Sec- retary of Agriculture shall process applications for leases of National Forest System lands and for permits to explore, drill, and develop re- sources on land leased from the Forest Service, notwithstanding the current status of any plan being prepared under section 1604 of title 16. (Pub. L. 96–294, title II, § 262, June 30, 1980, 94 Stat. 710.) SUBCHAPTER IV—MISCELLANEOUS BIOMASS PROVISIONS § 8871. Use of gasohol in Federal motor vehicles (a) Exercise of President’s authority pursuant to executive order respecting use The President shall, by executive order, re- quire that motor vehicles which are owned or leased by Federal agencies and are capable of op- erating on gasohol shall use gasohol where available at reasonable prices and in reasonable quantities. (b) Exceptions The President may provide for exceptions to the requirement of subsection (a) where nec- essary, including to protect the national secu- rity. (c) Gasohol requirements Such executive order shall specify the alcohol- gasoline mixture or mixtures which shall con- stitute ‘‘gasohol’’ for purposes of such order, as well as specifications for its use. (Pub. L. 96–294, title II, § 271, June 30, 1980, 94 Stat. 710.) Statutory Notes and Related Subsidiaries REPORT ON EXEMPTIONS AND SENSE OF CONGRESS REGARDING PURCHASE OF DOMESTIC GASOHOL Pub. L. 102–190, div. A, title VIII, § 841(c), (d), Dec. 5, 1991, 105 Stat. 1449, provided that: ‘‘(c) REPORT ON EXEMPTIONS.—The Secretary of De- fense shall review all exemptions granted for the De- partment of Defense, and the Administrator of the Gen- eral Services Administration shall review all exemp- tions granted for Federal agencies and departments, to the requirements of section 2398 of title 10, United States Code, and section 271 of the Energy Security Act (Public Law 96–294; 42 U.S.C. 8871) and shall terminate any exemption that the Secretary or the Administrator determines is no longer appropriate. Not later than 90 days after the date of the enactment of this Act [Dec. 5, 1991], the Secretary and the Administrator shall sub- mit jointly to Congress a report on the results of the review, with a justification for the exemptions that re- main in effect under those provisions of law. ‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that whenever any motor vehicle capable of operating on gasoline or alcohol-gasoline blends that is owned or operated by the Department of Defense or any other de- partment or agency of the Federal Government is refu- eled, it shall be refueled with an alcohol-gasoline blend containing at least 10 percent domestically produced alcohol if available along the normal travel route of the vehicle at the same or lower price than unleaded gasoline.’’ Executive Documents EX. ORD. NO. 12261. IMPLEMENTATION OF USE OF GASOHOL IN FEDERAL MOTOR VEHICLES Ex. Ord. No. 12261, Jan. 5, 1981, 46 F.R. 2023, provided: By the authority vested in me as President of the United States of America by Section 271 of the Energy Page 7666 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8901 Security Act (94 Stat. 710; Public Law 96–294; 42 U.S.C. 8871), in order to require Federal agencies which own or lease motor vehicles to use gasohol in those vehicles which are capable of operating on gasohol where it is available at reasonable prices and in reasonable quan- tities, it is hereby ordered as follows: 1–101. In procurement actions for unleaded gasoline motor fuel, Federal agencies shall, whenever feasible, specify that gasohol is an acceptable substitute motor fuel. In such procurements there shall be a preference for the purchase of gasohol. 1–102. Agencies may procure the components of gas- ohol and do their own blending. 1–103. In determining the feasibility of specifying gas- ohol as a substitute motor fuel in procurement actions for unleaded gasoline, agencies shall include in their considerations such factors as the availability of stor- age facilities for bulk purchases and the number of ve- hicles capable of operating on gasohol. 1–104. Agencies shall designate those vehicles which are capable of using gasohol, consistent with overall agency needs and sound vehicle management practices. Agencies shall specify the conditions governing the use of gasohol, including when gasohol shall be purchased from normal retail outlets by vehicle operators. 1–105. The use of gasohol by the Department of De- fense pursuant to this Order shall be in accordance with Section 815 of the Department of Defense Author- ization Act, 1980 (93 Stat. 817; Public Law 96–107; 10 U.S.C. 2388 note) which provides for the use of gasohol to the maximum extent feasible and consistent with overall defense needs and sound vehicle management practices, as determined by the Secretary of Defense. 1–106. Vehicles used in experimental programs to test fuels other than gasohol are excepted from this Order. 1–107. The authority vested in the President by Sec- tion 271(b) of the Energy Security Act (42 U.S.C. 8871(b)) is delegated to the Secretary of Defense with respect to gasohol use by the Department of Defense, and dele- gated to the Administrator of General Services with re- spect to gasohol use by other agencies. 1–108. Federal agencies shall make available to the Department of Energy, upon request, relevant data or information they possess concerning agency gasohol usage. 1–109. For purposes of this Order ‘‘Gasohol’’ means a motor fuel which has an octane rating of not less than 87 (R+M)/2 and which consists of approximately 90 per- cent unleaded gasoline and approximately 10 percent anhydrous (199 proof or above) ethyl alcohol derived from biomass, as defined in Section 203(2)(A) of the En- ergy Security Act (94 Stat. 683; Public Law 96–294; 42 U.S.C. 8802(2)(A)). 1–110. (a) The Secretary of Defense with respect to gasohol use by the Department of Defense, and the Ad- ministrator of General Services with respect to gasohol use by other agencies, shall issue such guidelines for the implementation of this Order as they deem appro- priate. (b) Such guidelines shall provide for a determination of reasonable prices and reasonable quantities based on the local prevailing price of unleaded gasolines, the oc- tane requirements for vehicles in the Federal fleet, local market availability of gasohol or its components, and other such factors, as may be appropriate. JIMMY CARTER. CHAPTER 97—ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY SUBCHAPTER I—ACID PRECIPITATION Sec. 8901. Introductory provisions. 8902. Comprehensive ten-year program. 8903. Comprehensive research plan. 8904. Implementation of comprehensive plan; new or existing regulatory authorities, etc., not granted or modified. 8905. Authorization of appropriations. Sec. 8906. Updated data base on acid content in precipi- tation; new monitoring site not required. SUBCHAPTER II—CARBON DIOXIDE 8911. Comprehensive study of projected impact on atmospheric levels of fossil fuel combus- tion, etc. 8912. Authorization of appropriations. SUBCHAPTER I—ACID PRECIPITATION § 8901. Introductory provisions (a) Congressional statement of findings and pur- pose The Congress finds and declares that acid pre- cipitation resulting from other than natural sources— (1) could contribute to the increasing pollu- tion of natural and man-made water systems; (2) could adversely affect agricultural and forest crops; (3) could adversely affect fish and wildlife and natural ecosystems generally; (4) could contribute to corrosion of metals, wood, paint, and masonry used in construction and ornamentation of buildings and public monuments; (5) could adversely affect public health and welfare; and (6) could affect areas distant from sources and thus involve issues of national and inter- national policy. (b) Congressional declaration of purpose The Congress declares that it is the purpose of this subchapter— (1) to identify the causes and sources of acid precipitation; (2) to evaluate the environmental, social, and economic effects of acid precipitation; and (3) based on the results of the research pro- gram established by this subchapter and to the extent consistent with existing law, to take action to the extent necessary and practicable (A) to limit or eliminate the identified emis- sions which are sources of acid precipitation, and (B) to remedy or otherwise ameliorate the harmful effects which may result from acid precipitation. (c) ‘‘Acid precipitation’’ defined For purposes of this subchapter the term ‘‘acid precipitation’’ means the wet or dry deposition from the atmosphere of acid chemical com- pounds. (Pub. L. 96–294, title VII, § 702, June 30, 1980, 94 Stat. 770.) Statutory Notes and Related Subsidiaries SHORT TITLE Section 701 of title VII Pub. L. 96–294 provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Acid Precipitation Act of 1980’.’’ § 8902. Comprehensive ten-year program (a) Implementation by Acid Precipitation Task Force; membership, etc., of Task Force There is hereby established a comprehensive ten-year program to carry out the provisions of this subchapter; and to implement this program