42 U.S.C. § 5904 — Research, development, and demonstra-

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- Page 6628 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5905 1 See References in Text note below. retary shall give consideration to the extent to which the proposed undertaking satisfies criteria including, but not limited to, the fol- lowing: (A) The urgency of public need for the po- tential results of the research, development, or demonstration effort is high, and it is un- likely that similar results would be achieved in a timely manner in the absence of Federal assistance. (B) The potential opportunities for non- Federal interests to recapture the invest- ment in the undertaking through the normal commercial utilization of proprietary knowledge appear inadequate to encourage timely results. (C) The extent of the problems treated and the objectives sought by the undertaking are national or widespread in their significance. (D) There are limited opportunities to in- duce non-Federal support of the undertaking through regulatory actions, end use con- trols, tax and price incentives, public edu- cation, or other alternatives to direct Fed- eral financial assistance. (E) The degree of risk of loss of investment inherent in the research is high, and the availability or risk capital to the non-Fed- eral entities which might otherwise engage in the field of the research is inadequate for the timely development of the technology. (F) The magnitude of the investment ap- pears to exceed the financial capabilities of potential non-Federal participants in the re- search to support effective efforts. (Pub. L. 93–577, § 5, Dec. 31, 1974, 88 Stat. 1880; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.) 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. NATIONAL ALCOHOL FUELS COMMISSION Pub. L. 95–599, title I, § 170, Nov. 6, 1978, 92 Stat. 2724, as amended by Pub. L. 96–106, § 20, Nov. 9, 1979, 93 Stat. 799, established the National Alcohol Fuels Commis- sion, directed the Commission to make a full and com- plete investigation and study of the long- and short- term potential for alcohol fuels, from biomass (includ- ing but not limited to, animal, crop and wood waste, municipal and industrial waste, sewage sludge, and ocean and terrestrial crops) and coal, to contribute to meeting the Nation’s energy needs, and provided that, not later than eighteen months after being established, the Commission submit to the President and the Con- gress its final report including its recommendations and findings, with the Commission to cease to exist six months after submission of such report. § 5905. Comprehensive planning and program- ming (a) Pursuant to the authority and directions of this chapter and the Energy Reorganization Act of 1974 (Public Law 93–438) [42 U.S.C. 5801 et seq.], the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), and titles XX through XXIII of the Energy Policy Act of 1992 [42 U.S.C. 13401 et seq., 13451 et seq., 13501 et seq., 13521 et seq.], the Secretary, in consultation with the Advisory Board established under sec- tion 2302 of the Energy Policy Act of 1992 [42 U.S.C. 13522], shall transmit to the Congress, on or before June 30, 1975, a comprehensive plan for energy research, development, and demonstra- tion. This plan shall be appropriately revised an- nually as provided in section 5914(a) 1 of this title. Such plan shall be designed to achieve— (1) solutions to immediate and short-term (the period up to 5 years after submission of the plan or its annual revision) energy supply system and associated environmental prob- lems; (2) solutions to middle-term (the period from 5 years to 10 years after submission of the plan or its annual revision) energy supply system and associated environmental problems; and (3) solutions to long-term (the period beyond 10 years after submission of the plan or its an- nual revision) energy supply system and asso- ciated environmental problems. (b)(1) Based on the comprehensive energy re- search, development, and demonstration plan developed under subsection (a), the Secretary, in consultation with the Advisory Board estab- lished under section 2302 of the Energy Policy Act of 1992 [42 U.S.C. 13522], shall develop and transmit to the Congress, on or before June 30, 1975, a comprehensive nonnuclear energy re- search, development, and demonstration pro- gram to implement the nonnuclear research, de- velopment, and demonstration aspects of the comprehensive plan. Such program shall be up- dated and transmitted to the Congress annually as part of the report required under section 5914 1 of this title. (2) This program shall be designed to achieve solutions to the energy supply and associated environmental problems in the immediate and short-term, middle-term, and long-term time in- tervals described in subsection (a)(1) through (3). In formulating the nonnuclear aspects of this program, the Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992 [42 U.S.C. 13522], shall evaluate the economic, environ- mental, and technological merits of each aspect of the program. (3) The Secretary shall assign program ele- ments and activities in specific nonnuclear en- ergy technologies, to the short-term, middle- term, and long-term time intervals, and shall present full and complete justification for these assignments and the degree of emphasis for each. These program elements and activities shall include, but not be limited to, research, de- velopment, and demonstrations designed— (A) to advance energy conservation tech- nologies, including but not limited to— (i) productive use of waste, including gar- bage, sewage, agricultural wastes, and indus- trial waste heat;