42 U.S.C. § 8804 — Coordination with other authorities and

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.) 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-