42 U.S.C. § 8811 — Biomass energy development plans

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 United States as estimated by the Secretary of Energy for the calendar year 1990. (2) The plan prepared under this subsection shall evaluate the feasibility of reaching the goals set forth in such subsection. (c) Required guidelines The plans prepared under subsections (a) and (b) shall each include guidelines for use in awarding financial assistance under this sub- chapter which are designed to increase, during the period covered by the plan, the amount of motor fuel displaced by biomass energy. (Pub. L. 96–294, title II, § 211, June 30, 1980, 94 Stat. 686.) § 8812. Program responsibility and administra- tion and effect on other programs (a) Duties and functions of Secretary of Agri- culture and Secretary of Energy over projects (1) Except as provided in paragraph (2), in the case of any financial assistance under this sub- chapter for a biomass energy project, the Sec- retary concerned shall be— (A) the Secretary of Agriculture, in the case of any biomass energy project which will have an anticipated annual production capacity of less than 15,000,000 gallons of ethanol (or the energy equivalent of other forms of biomass energy) and which will use feedstocks other than aquatic plants; and (B) the Secretary of Energy, in the case of any biomass energy project which will use aquatic plants as feedstocks or which will have an anticipated annual production capac- ity of 15,000,000 gallons or more of ethanol (or the energy equivalent of other forms of bio- mass energy). (2)(A) Either the Secretary of Agriculture or the Secretary of Energy may be the Secretary concerned in the case of any biomass energy project which will have an anticipated annual production capacity of 15,000,000 gallons or more of ethanol (or the energy equivalent of other forms of biomass energy) and— (i) which will use wood or wood wastes or residue, or (ii) which is owned and operated by a cooper- ative and will use feedstocks other than aquatic plants. (B) Financial assistance may not be provided by either Secretary under subparagraph (A) without the written concurrence of the other Secretary. Such concurrence shall be granted or denied by such Secretary in accordance with subparagraph (C) and on the same standards as that Secretary applies in making his own awards of financial assistance under this para- graph. (C)(i) In the case of a project described in sub- paragraph (A), the Secretary concerned shall provide the other Secretary a copy of the appli- cation and such supporting information as may be material, and shall provide the other Sec- retary at least 15 days to review the project. If during such 15-day period the reviewing Sec- retary provides written notification to the Sec- retary concerned specifying reasons why such project should not proceed, the Secretary con- cerned shall defer the final decision on the appli- cation for an additional 30 days. During such 30- day period, both Secretaries shall attempt to reach agreement regarding all issues raised in the written notice. Before the end of the 30-day period, the reviewing Secretary shall notify the Secretary concerned of his decision regarding concurrence. If the reviewing Secretary fails to provide such notice before the end of such pe- riod, concurrence shall be deemed to have been given. (ii) The project applicant may reapply for fi- nancial assistance for such project, after mak- ing such modifications to the project as may be necessary to address issues raised by the review- ing Secretary in the original notice of objection. The subsequent review of such project by the re- viewing Secretary shall be limited to the issues originally raised by the reviewing Secretary and any issues raised by changed circumstances. (D) Both Secretaries may jointly act as the Secretary concerned in accordance with such procedures as the Secretaries may jointly pre- scribe, in which case— (i) subparagraphs (B) and (C) and subsection (c) shall not apply, and (ii) the proportion of financial assistance provided by each Secretary shall be deter-