42 U.S.C. § 8802 — Definitions

Page 7648 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8801 Sec. 8802. Definitions. 8803. Funding. 8804. Coordination with other authorities and pro- grams. SUBCHAPTER I—GENERAL BIOMASS ENERGY DEVELOPMENT 8811. Biomass energy development plans. 8812. Program responsibility and administration and effect on other programs. 8813. Insured loans. 8814. Loan guarantees. 8815. Price guarantees. 8816. Purchase agreements. 8817. General requirements regarding financial as- sistance. 8818. Reports. 8819. Review; reorganization. 8820. Office of Alcohol Fuels. 8821. Termination of authorities; modification of terms and conditions of conditional com- mitments for loan guarantees. SUBCHAPTER II—MUNICIPAL WASTE BIOMASS ENERGY 8831. Municipal waste energy development plan. 8832. Construction loans. 8833. Guaranteed construction loans. 8834. Price support loans and price guarantees. 8835. General requirements regarding financial as- sistance. 8836. Financial assistance program administration. 8837. Commercialization demonstration program pursuant to Federal nonnuclear energy re- search and development. 8838. Jurisdiction of Department of Energy and En- vironmental Protection Agency. 8839. Office of Energy from Municipal Waste. 8840. Termination of authorities. SUBCHAPTER III—RURAL, AGRICULTURAL, AND FORESTRY BIOMASS ENERGY 8851. Model demonstration biomass energy facili- ties; establishment, public inspection, etc.; authorization of appropriations. 8852. Coordination of research and extension ac- tivities; consultative requirements. 8853. Lending for energy production and conserva- tion projects by production credit associa- tions, Federal land banks, and banks for co- operatives. 8854. Utilization of National Forest System in wood energy development projects. 8855. Forest Service leases and permits. SUBCHAPTER IV—MISCELLANEOUS BIOMASS PROVISIONS 8871. Use of gasohol in Federal motor vehicles. § 8801. Congressional findings The Congress finds that— (1) the dependence of the United States on imported petroleum and natural gas must be reduced by all economically and environ- mentally feasible means, including the use of biomass energy resources; and (2) a national program for increased produc- tion and use of biomass energy that does not impair the Nation’s ability to produce food and fiber on a sustainable basis for domestic and export use must be formulated and imple- mented within a multiple-use framework. (Pub. L. 96–294, title II, § 202, June 30, 1980, 94 Stat. 683.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–294, § 1, June 30, 1980, 94 Stat. 611, provided: ‘‘That this Act [enacting chapters 95 to 97, and sections 6347, 7361 to 7364, 7371 to 7375, 8235 to 8235i, 8281 to 8284, 8285 to 8285c, and 8286 to 8286b of this title, sections 1435 and 3129 of Title 7, Agriculture, sections 3601 to 3620 of Title 12, Banks and Banking, section 3391a of Title 15, Commerce and Trade, sections 1146, 1147, 1501, 1511 to 1516, 1521, 1522, 1531, 1541, and 1542 of Title 30, Mineral Lands and Mining, sections 4515 and 4516 of Title 50, War and National Defense, and sections 2095 to 2098 of the former Appendix to Title 50, amending sections 6240, 6862 to 6872, 8211, 8213, 8214, 8216, 8217, 8221, 8255, 8271, and 8274 to 8276 of this title, sections 341, 342, 3104, and 3154 of Title 7, section 7430 of Title 10, Armed Forces, sections 1451, 1454, 1717, 1723g, and 1723h of Title 12, section 753 of Title 15, sections 590h, 796, 824a–3, 824i, 824j, 1642, 2705, and 2708 of Title 16, Conservation, sec- tions 1141 and 1143 of Title 30, sections 4502, 4531 to 4533, 4551, 4561, and 4564 of Title 50, repealing section 1723f of Title 12, and enacting provisions set out as notes under this section and sections 6240, 7371, 8211, 8235, 8701, and 8901 of this title, section 3601 of Title 12, section 2701 of Title 16, section 1501 of Title 30, and sections 4501 and 4502 of Title 50] may be cited as the ‘Energy Security Act’.’’ Pub. L. 96–294, title II, § 201, June 30, 1980, 94 Stat. 683, provided that: ‘‘This title [enacting this chapter, sec- tions 1435 and 3129 of Title 7, Agriculture, and section 3391a of Title 15, Commerce and Trade, and amending sections 341, 342, 3104, and 3154 of Title 7, section 753 of Title 15, and sections 590h and 1642 of Title 16, Con- servation] may be cited as the ‘Biomass Energy and Al- cohol Fuels Act of 1980’.’’ § 8802. Definitions As used in this chapter— (1) The term ‘‘alcohol’’ means alcohol (in- cluding methanol and ethanol) which is pro- duced from biomass and which is suitable for use by itself or in combination with other sub- stances as a fuel or as a substitute for petro- leum or petrochemical feedstocks. (2)(A) The term ‘‘biomass’’ means any or- ganic matter which is available on a renew- able basis, including agricultural crops and ag- ricultural 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 gas- eous, liquid, or solid fuel produced by conver- sion of biomass. (4) The term ‘‘biomass energy’’ means— (A) biomass fuel; or (B) energy or steam derived from the di- rect combustion of biomass for the genera- tion of electricity, mechanical power, or in- dustrial process heat. (5) The term ‘‘biomass energy project’’ means any facility (or portion of a facility) lo- cated in the United States which is primarily for— (A) the production of biomass fuel (and by- products); or (B) the combustion of biomass for the pur- pose 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 com- bined generation by any facility of— Page 7649 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8802 (A) electrical or mechanical power, and (B) steam or forms of useful energy (such as heat) which are used for industrial, com- mercial, heating, or cooling purposes. (8) The term ‘‘cooperative’’ means any agri- cultural association, as that term is defined in section 1141j(a) of title 12. (9)(A) The term ‘‘construction’’ means— (i) the construction or acquisition of any biomass energy project; (ii) the conversion of any facility to a bio- mass 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 ma- chinery for use in or at the site of a biomass energy project; and (ii) the acquisition of land and improve- ments thereon for the construction, expan- sion, or improvement of such a project, or the conversion of a facility to such a project. (C) Such term does not include the acquisi- tion 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. (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 In- dian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corpora- tion as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] which is recognized as eli- gible for the special programs and services provided by the United States to Indians be- cause 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 dis- posal system, or (ii) from similar waste flows (other than such flows which constitute agricultural wastes or residues, or wood wastes or resi- dues from wood harvesting activities or pro- duction of forest products). (B) Such term does not include any haz- ardous 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 fa- cility) located in the United States primarily for— (i) the production of biomass fuel (and by- products) 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 (in- cluding cogeneration). (B) Such term includes any necessary trans- portation, preparation, and disposal equip- ment 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. (17) The term ‘‘person’’ means any indi- vidual, company, cooperative, partnership, corporation, association, consortium, unincor- porated organization, trust, estate, or any en- tity organized for a common business purpose, any State or local government (including any special purpose district or similar govern- mental unit) or any agency or instrumentality thereof, or any Indian tribe or tribal organiza- tion. (18) The term ‘‘State’’ means any of the fifty States, the District of Columbia, the Common- wealth 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. (Pub. L. 96–294, title II, § 203, June 30, 1980, 94 Stat. 683.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions and pars. (11)(A) and (14)(B), 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 Alcohol 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 III, referred to in par. (2)(B), was in the original ‘‘subtitle C’’, meaning subtitle C (§§ 251–262) of title II of Pub. L. 96–294, June 30, 1980, 94 Stat. 705, which enacted subchapter III of this chapter and sec- tions 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. The Alaska Native Claims Settlement Act, referred to in par. (12), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. Page 7650 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8803 1 So in original. Pub. L. 97–35 decreased appropriation to $460,000,000 from $600,000,000 without amending sum of $500,000,000. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 8803. Funding (a) Authorization of appropriations To the extent provided in advance in appro- priation Acts, for the two year period beginning October 1, 1980, there is authorized to be appro- priated 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 ad- vance in appropriation Acts, as follows: (1) $460,000,000 to the Secretary of Agri- culture for carrying out activities under sub- chapter I, except of the amount of the finan- cial 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 1 shall be available to the Office of Alcohol Fuels for carrying out its activities, and any amount not made available to the Office of Al- cohol 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 Sec- retary 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 appro- priations remaining available (1) For purposes of determining the amount of such appropriations which remain available for purposes of this chapter— (A) loans shall be counted at the initial face value of the loan; (B) loan guarantees shall be counted at the initial face value of such loan guarantee; (C) price guarantees and purchase agree- ments shall be counted at the value deter- mined by the Secretary concerned as of the date of each such contract based upon the Sec- retary’s determination of the maximum poten- tial liability of the United States under the contract; and (D) any increase in the liability of the United States pursuant to any amendment or other modification to a contract for a loan, loan guarantee, price guarantee, or purchase agreement, shall be counted to the extent of such increase. (2) Determinations under paragraph (1) shall be made in accordance with generally accepted accounting principles, consistently applied. (3) If more than one form of financial assist- ance is to be provided to any one project, the ob- ligations and commitments thereunder shall be counted at the maximum potential exposure of the United States on such project at any time during the life of such project. (4) Any commitment to provide financial as- sistance shall be treated the same as such as- sistance for purposes of this subsection; except that any such commitment which is nullified or voided for any reason shall not be considered for purposes of this subsection. (d) Financial assistance provided only to extent advanced in appropriation Acts Financial assistance may be provided under this chapter only to the extent provided in ad- vance in appropriation Acts. (Pub. L. 96–294, title II, § 204, June 30, 1980, 94 Stat. 685; Pub. L. 97–35, title X, §§ 1061–1063, Aug. 13, 1981, 95 Stat. 622.) Editorial Notes REFERENCES IN TEXT 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 De- partment of the Interior and related agencies for the fiscal year ending September 30, 1980, and for other pur- poses’’ (Public Law 96–126; 93 Stat. 970), referred to in subsec. (a), was established by Pub. L. 96–126, title II, § 201, Nov. 27, 1979, 93 Stat. 970, which is set out as a note under section 5915 of this title. This chapter, referred to in subsecs. (c)(1) and (d), 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 Alcohol Fuels Act of 1980, which is classi- fied principally to this chapter. For complete classi- fication of title II to the Code, see Short Title note set out under section 8801 of this title and Tables. AMENDMENTS 1981—Subsec. (a). Pub. L. 97–35, § 1063, substituted ‘‘$1,170,000,000’’ for ‘‘$1,450,000,000’’. Subsec. (a)(1). Pub. L. 97–35, § 1061, substituted ‘‘$460,000,000’’ for ‘‘$600,000,000’’. Subsec. (a)(2). Pub. L. 97–35, § 1062, substituted ‘‘$460,000,000’’ for ‘‘$600,000,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as a note under section 6240 of this title. § 8804. Coordination with other authorities and programs The authorities in this chapter are in addition to and do not modify (except to the extent ex- pressly provided for in this chapter) authorities and programs of the Department of Energy and of the Department of Agriculture under other provisions of law. (Pub. L. 96–294, title II, § 205, June 30, 1980, 94 Stat. 686.)