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42 U.S.C. § 5903d — Clean coal technology projects; pro-

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

42 U.S.C. § 5903d — Clean coal technology projects; pro-

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Page 6627 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5904 Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary’’, meaning Secretary of Energy, sub- stituted in text for ‘‘Administrator’’, meaning Admin- istrator of Energy Research and Development Adminis- tration, pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Energy Re- search and Development Administration and trans- ferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of En- ergy. § 5903d. Clean coal technology projects; pro- posals, implementation, funding, etc. Within 60 days following December 19, 1985, the Secretary of Energy shall, pursuant to the Fed- eral Nonnuclear Energy Research and Develop- ment Act of 1974 (42 U.S.C. 5901, et seq.), issue a general request for proposals for clean coal tech- nology projects for which the Secretary of En- ergy upon review may provide financial assist- ance awards. Proposals for clean coal tech- nology projects under this section shall be sub- mitted to the Department of Energy within 60 days after issuance of the general request for proposals. The Secretary of Energy shall make any project selections no later than August 1, 1986: Provided, That the Secretary may vest fee title or other property interests acquired under cost-shared clean coal technology agreements in any entity, including the United States: Pro- vided further, That the Secretary shall not fi- nance more than 50 per centum of the total costs of a project as estimated by the Secretary as of the date of award of financial assistance: Pro- vided further, That cost-sharing by project spon- sors is required in each of the design, construc- tion, and operating phases proposed to be in- cluded in a project: Provided further, That finan- cial assistance for costs in excess of those esti- mated as of the date of award of original finan- cial assistance may not be provided in excess of the proportion of costs borne by the Government in the original agreement and only up to 25 per centum of the original financial assistance: Pro- vided further, That revenues or royalties from prospective operation of projects beyond the time considered in the award of financial assist- ance, or proceeds from prospective sale of the assets of the project, or revenues or royalties from replication of technology in future projects or plants are not cost-sharing for the purposes of this appropriation: Provided further, That other appropriated Federal funds are not cost-sharing for the purposes of this appropriation: Provided further, That existing facilities, equipment, and supplies, or previously expended research or de- velopment funds are not cost-sharing for the purposes of this appropriation, except as amor- tized, depreciated, or expensed in normal busi- ness practice. (Pub. L. 99–190, § 101(d) [title II, § 201], Dec. 19, 1985, 99 Stat. 1224, 1251.) Editorial Notes REFERENCES IN TEXT The Federal Nonnuclear Energy Research and Devel- opment Act of 1974, referred to in text, is Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to this chapter (§ 5901 et seq.). For complete classifica- tion of this Act to the Code, see Short Title note set out under section 5901 of this title and Tables. CODIFICATION Section was not enacted as part of the Federal Non- nuclear Energy Research and Development Act of 1974 which comprises this chapter. Statutory Notes and Related Subsidiaries PROVISIONS RELATING TO PROJECTS USING CLEAN COAL TECHNOLOGIES Provisions relating to projects using clean coal tech- nologies were contained in the following appropriations acts: Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1019; Pub. L. 103–211, title II, Feb. 12, 1994, 108 Stat. 18. Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat. 1944; Pub. L. 103–211, title II, Feb. 12, 1994, 108 Stat. 18. Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 728. Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1811. Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 Stat. 1329–213, 1329–240. Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–272, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–272. § 5904. Research, development, and demonstra- tion program governing principles (a) The Congress authorizes and directs that the comprehensive program in research, devel- opment, and demonstration required by this chapter shall be designed and executed accord- ing to the following principles: (1) Energy conservation shall be a primary consideration in the design and implementa- tion of the Federal nonnuclear energy pro- gram. For the purposes of this chapter, energy conservation means both improvement in effi- ciency of energy production and use, and re- duction in energy waste. (2) The environmental and social con- sequences of a proposed program shall be ana- lyzed and considered in evaluating its poten- tial. (3) Any program for the development of a technology which may require significant con- sumptive use of water after the technology has reached the stage of commercial application shall include thorough consideration of the impacts of such technology and use on water resources pursuant to the provisions of section 5912 of this title. (4) Heavy emphasis shall be given to those technologies which utilize renewable or essen- tially inexhaustible energy sources. (5) The potential for production of net en- ergy by the proposed technology at the stage of commercial application shall be analyzed and considered in evaluating proposals. (b) The Congress further directs that the exe- cution of the comprehensive research, develop- ment, and demonstration program shall conform to the following principles: (1) Research and development of nonnuclear energy sources shall be pursued in such a way as to facilitate the commercial availability of adequate supplies of energy to all regions of the United States. (2) In determining the appropriateness of Federal involvement in any particular re- search and development undertaking, the Sec-

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

42 U.S.C. § 5901 — Congressional statement of findings

The Congress hereby finds that— **(a)** The Nation is suffering from a shortage of environmentally acceptable forms of energy. **(b)** Compounding this energy shortage is our past and present failure to formulate a comprehensive and aggressive research and development program designed to make available to American consumers our large domestic energy reserves including fossil fuels, nuclear fuels, geothermal resources, solar energy, and other forms of energy. This failure is partially because the unconventional energy technologies have not been judged to be economically competitive with traditional energy technologies. **(c)** The urgency of the Nation’s energy challenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation undertake a research, development, and demonstration program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next decade. **(d)** In undertaking such program, full advantage must be taken of the existing technical and managerial expertise in the various energy fields within Federal agencies and particularly in the private sector. **(e)** The Nation’s future energy needs can be met if a national commitment is made now to dedicate the necessary financial resources, to enlist our scientific and technological capabilities, and to accord the proper priority to developing new nonnuclear energy options to serve national needs, conserve vital resources, and protect the environment.

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

42 U.S.C. § 5901 — Congressional statement of findings

Page 6624 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5879 Editorial Notes REFERENCES IN TEXT Section 204(b) of the Department of Energy Act 1978— Civilian Applications (42 U.S.C. 7256, note; 92 Stat. 60), referred to in text, is section 204(b) of Pub. L. 95–238, title II, Feb. 25, 1978, 92 Stat. 59, which is set out as a note under section 7256 of this title. CODIFICATION Section was not enacted as a part of the Energy Reor- ganization Act of 1974 which comprises this chapter. AMENDMENTS 1980—Pub. L. 96–470 substituted ‘‘include, in the re- port required by section 204(b) of the Department of En- ergy Act of 1978—Civilian Applications, information’’ for ‘‘by June 30, 1976, and by the end of each fiscal year thereafter, submit a report to the Committee on Science and Technology of the House of Representa- tives and the Committee on Interior and Insular Affairs of the Senate’’ and ‘‘Secretary of Energy’’ for ‘‘Admin- istrator’’ wherever appearing. § 5879. Transfer of funds The Administrator, when authorized in an ap- propriation Act, may, in any fiscal year, trans- fer funds from one appropriation to another within the Administration; except, that no ap- propriation shall be either increased or de- creased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year. (Pub. L. 93–438, title III, § 309, Oct. 11, 1974, 88 Stat. 1252.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. SUBCHAPTER IV—SEX DISCRIMINATION § 5891. Sex discrimination prohibited No person shall on the

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

42 U.S.C. § 5903d — Clean coal technology projects; proposals, implementation, funding, etc.

Within 60 days following December 19, 1985, the Secretary of Energy shall, pursuant to the Federal Nonnuclear Energy Research and Development Act of 1974 ([42 U.S.C. 5901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5901&num=0&edition=prelim), et seq.), issue a general request for proposals for clean coal technology projects for which the Secretary of Energy upon review may provide financial assistance awards. Proposals for clean coal technology projects under this section shall be submitted to the Department of Energy within 60 days after issuance of the general request for proposals. The Secretary of Energy shall make any project selections no later than August 1, 1986: Provided, That the Secretary may vest fee title or other property interests acquired under cost-shared clean coal technology agreements in any entity, including the United States: Provided further, That the Secretary shall not finance more than 50 per centum of the total costs of a project as estimated by the Secretary as of the date of award of financial assistance: Provided further, That cost-sharing by project sponsors is required in each of the design, construction, and operating phases proposed to be included in a project: Provided further, That financial assistance for costs in excess of those estimated as of the date of award of original financial assistance may not be provided in excess of the proportion of costs borne by the Government in the original agreement and only up to 25 per centum of the original financial assistance: Provided further, That revenues or royalties from prospective operation of projects beyond the time considered in the award of financial assistance, or proceeds from prospective sale of the assets of the project, or revenues or royalties f

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