42 U.S.C. § 5907 — Demonstration projects

Page 6632 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5907 determined by the Secretary to facilitate a single congressional authorization of the full amount of such support at the time of the des- ignation of the successful bidders. (6) No price support program shall be imple- mented unless previously authorized by spe- cific legislation enacted by the Congress. (d) Support for joint university-industry re- search efforts Nothing in this section shall preclude Federal participation in, and support for, joint univer- sity-industry nonnuclear energy research ef- forts. (Pub. L. 93–577, § 7, Dec. 31, 1974, 88 Stat. 1883; Pub. L. 95–238, title II, § 207(a), Feb. 25, 1978, 92 Stat. 61; Pub. L. 99–386, title I, § 104(a), Aug. 22, 1986, 100 Stat. 821; Pub. L. 109–58, title X, § 1009(b)(5), Aug. 8, 2005, 119 Stat. 935.) Editorial Notes CODIFICATION Section 5919 of this title, referred to in subsec. (a)(7), was in the original ‘‘section 19’’ and has been edi- torially translated as section 5919 of this title which re- lated to loan guarantees prior to repeal by Pub. L. 109–58, title X, § 1009(b)(12), Aug. 8, 2005, 119 Stat. 936, to reflect the probable intent of Congress, notwith- standing enactment of another section 19 which was classified to section 5918 of this title and related to or- ganizational conflicts prior to repeal by Pub. L. 104–106, div. D, title XLIII, § 4304(b)(5), Feb. 10, 1996, 110 Stat. 664. AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58, § 1009(b)(5)(A), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in introduc- tory provisions. Subsec. (a)(4). Pub. L. 109–58, § 1009(b)(5)(B), sub- stituted ‘‘of this section’’ for ‘‘of the section’’. Subsecs. (b), (c). Pub. L. 109–58, § 1009(b)(5)(A), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. 1986—Subsec. (b)(7). Pub. L. 99–386 struck out subpar. (A) which related to submission of a report by Sec- retary to House and Senate, prior to establishment of any joint Federal-industry corporation pursuant to this chapter, setting forth in detail consistency of establish- ment of corporation with this section and section 5904 of this title, and proposed purpose and activities of cor- poration, and struck out subpar. (B) designation. 1978—Subsec. (a)(7). Pub. L. 95–238 added par. (7). Statutory Notes and Related Subsidiaries NONAPPLICABILITY OF TITLE II OF PUB. L. 95–238 TO ANY AUTHORIZATION OR APPROPRIATION FOR MILI- TARY APPLICATION OF NUCLEAR ENERGY, ETC.; DEFI- NITIONS Nonapplicability of provisions of title II of Pub. L. 95–238 with respect to any authorization or appropria- tion for any military application of nuclear energy, etc., see section 209 of Pub. L. 95–238, set out as a note under section 5821 of this title. PRICE-SUPPORT PROGRAM TO DEMONSTRATE MUNICIPAL SOLID WASTE REPROCESSING FOR PRODUCTION OF FUELS AND ENERGY INTENSIVE PRODUCTS Pub. L. 95–39, title I, § 107, June 3, 1977, 91 Stat. 185, authorized Administrator, subject to the appropriation of funds pursuant to section 101(7)(I) of Pub. L. 95–39, to establish and implement, under subsection (a)(4) of this section and in accordance with subsection (c) of this section, a price-support program to demonstrate mu- nicipal solid waste reprocessing for production of fuels and energy intensive products, with Administrator, prior to entering into any contract for such demonstra- tion, to submit to Congress a full and complete report on the proposed commercial demonstration facility and the necessary project demonstration guarantees, and provided that such contract could not be finalized prior to the expiration of ninety calendar days (not including any day on which either House of Congress was not in session because of an adjournment of more than three calendar days to a day certain) from the date on which such report was received. § 5907. Demonstration projects (a) Scope of authority of Secretary The Secretary is authorized to— (1) identify opportunities to accelerate the commercial applications of new energy tech- nologies, and provide Federal assistance for or participation in demonstration projects (in- cluding pilot plants demonstrating techno- logical advances and field demonstrations of new methods and procedures, and demonstra- tions of prototype commercial applications for the exploration, development, production, transportation, conversion, and utilization of energy resources); and (2) enter into cooperative agreements with non-Federal entities to demonstrate the tech- nical feasibility and economic potential of en- ergy technologies on a prototype or full-scale basis. (b) Criteria applicable in reviewing potential projects In reviewing potential projects, the Secretary shall consider criteria including but not limited to— (1) the anticipated, research, development, and application objectives to be achieved by the activities or facilities proposed; (2) the economic, environmental, and soci- etal significance which a successful dem- onstration may have for the national fuels and energy system; (3) the relationship of the proposal to the criteria of priority set forth in section 5904(b)(2) of this title; (4) the availability of non-Federal partici- pants to construct and operate the facilities or perform the activities associated with the pro- posal and to contribute to the financing of the proposal; (5) the total estimated cost including the Federal investment and the probable time schedule; (6) the proposed participants and the pro- posed financial contributions of the Federal Government and of the non-Federal partici- pants; and (7) the proposed cooperative arrangement, agreements among the participants, and form of management of the activities. (c) Federal and non-Federal share of costs (1) A financial award under this section may be made only to the extent of the Federal share of the estimated total design and construction costs, plus operation and maintenance costs. (2) For the purposes of this chapter the non- Federal share may be in any form, including, but not limited to, lands or interests therein needed for the project or personal property or Page 6633 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5907 services, the value of which shall be determined by the Secretary. (d) Regulations (1) The Administrator of the Energy Research and Development Administration shall, within six months of December 31, 1974, promulgate reg- ulations establishing procedures for submission of proposals to the Energy Research and Devel- opment Administration for the purposes of this chapter. Such regulations shall establish a pro- cedure for selection of proposals which— (A) provides that projects will be carried out under such conditions and varying cir- cumstances as will assist in solving energy ex- traction, transportation, conversion, con- servation, and end-use problems of various areas and regions, under representative geo- logical, geographic, and environmental condi- tions; and (B) provides time schedules for submission of, and action on, proposal requests for the purposes of implementing the goals and objec- tives of this chapter. (2) Such regulations also shall specify the types and form of the information, data, and support documentation that are to be contained in proposals for each form of Federal assistance or participation set forth in section 5906(a) of this title: Provided, That such proposals to the extent possible shall include, but not be limited to— (A) specification of the technology; (B) description of prior pilot plant operating experience with the technology; (C) preliminary design of the demonstration plant; (D) time tables containing proposed con- struction and operation plans; (E) budget-type estimates of construction and operating costs; (F) description and proof of title to land for proposed site, natural resources, electricity and water supply and logistical information related to access to raw materials to construct and operate the plant and to dispose of salable products produced from the plant; (G) analysis of the environmental impact of the proposed plant and plans for disposal of wastes resulting from the operation of the plant; (H) plans for commercial use of the tech- nology if the demonstration is successful; (I) plans for continued use of the plant if the demonstration is successful; and (J) plans for dismantling of the plant if the demonstration is unsuccessful or otherwise abandoned. (3) The Secretary shall from time to time re- view and, as appropriate, modify and repromul- gate regulations issued pursuant to this section. (e) Amount of estimate of Federal investment re- quiring Congressional authorization for ap- propriation If the estimate of the Federal investment with respect to construction costs of any demonstra- tion project proposed to be established under this section exceeds $50,000,000, no amount may be appropriated for such project except as spe- cifically authorized by legislation hereafter en- acted by the Congress. (f) Amount of estimated Federal contribution; ne- cessity for report If the total estimated amount of the Federal contribution to the construction cost of a dem- onstration project does not exceed $50,000,000, the Secretary is authorized to proceed with the negotiation of agreements and implementation of the proposal subject to the availability of funds under the authorization of appropriations pursuant to section 5915 of this title: Provided, That if such Federal contribution to the con- struction cost is estimated to exceed $25,000,000 the Secretary shall provide a full and com- prehensive report on the proposed demonstra- tion project to the appropriate committees of the Congress and no funds may be expended for any agreement under the authority granted by this section prior to the expiration of sixty cal- endar days (not including any day on which ei- ther House of Congress is not in session because of an adjournment of more than three calendar days to a day certain) from the date on which the Secretary’s report on the proposed project is received by the Congress. Such reports shall contain an analysis of the extent to which the proposed demonstration satisfies the criteria specified in subsection (b) of this section. (Pub. L. 93–577, § 8, Dec. 31, 1974, 88 Stat. 1886; Pub. L. 109–58, title X, § 1009(b)(6), Aug. 8, 2005, 119 Stat. 935.) Editorial Notes AMENDMENTS 2005—Subsecs. (a), (b), (c)(2). Pub. L. 109–58, § 1009(b)(6)(A), substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ in introductory provisions of subsecs. (a) and (b) and in par. (2) of subsec. (c). Subsec. (d)(1). Pub. L. 109–58, § 1009(b)(6)(B)(i), sub- stituted ‘‘Administrator of the Energy Research and Development Administration’’ for ‘‘Administrator’’ in introductory provisions. Subsec. (d)(3). Pub. L. 109–58, § 1009(b)(6)(B)(ii), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (f). Pub. L. 109–58, § 1009(b)(6)(C), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places and ‘‘Secretary’s’’ for ‘‘Administrator’s’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS The Energy Research and Development Administra- tion, referred to in subsec. (d)(1), was terminated and all of its functions and the functions of its Adminis- trator were transferred (with certain exceptions) to the Secretary of Energy. See sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title. REPORT TO CONGRESS ON ENVIRONMENTAL, MONITORING, ASSESSMENT, AND CONTROL EFFORTS REQUIRED FOR DEMONSTRATION PROJECTS; SUBMISSION TO CONGRESS BY DECEMBER 3, 1977 Pub. L. 95–39, title I, § 113, June 3, 1977, 91 Stat. 187, directed Administrator of Energy Research and Devel- opment Administration, in consultation with Adminis- trator of Environmental Protection Agency, to submit a report to Congress six months after June 3, 1977, on the environmental monitoring, assessment, and control efforts, relating to environment, safety, and health, which are required to successfully demonstrate any project which is subject to subsecs. (e) and (f) of this section and is authorized by this Act or any prior Act. Page 6634 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5907a 1 See References in Text note below. § 5907a. Small grant program (a) Establishment There shall be established within the Depart- ment of Energy a program for appropriate tech- nology under the direction of the Secretary. The Secretary shall develop and implement a pro- gram of small grants for the purpose of encour- aging development and demonstration projects described in subsection (c) of this section. (b) Limitation The aggregate amount of financial support made available to any participant in such pro- gram, including affiliates, under this section shall not exceed $50,000 during any two-year pe- riod. (c) Systems and technologies to be developed and demonstrated Funds made available under this section shall be used to provide for a coordinated and ex- panded effort for the development and dem- onstration of, and the dissemination of informa- tion with respect to, energy-related systems and supporting technologies appropriate to— (1) the needs of local communities and the enhancement of community self-reliance through the use of available resources; (2) the use of renewable resources and the conservation of nonrenewable resources; (3) the use of existing technologies applied to novel situations and uses; (4) applications which are energy-con- serving, environmentally sound, small scale, durable and low cost; and (5) applications which demonstrate sim- plicity of installation, operation and mainte- nance. (d) Eligible participants; simplified application procedures; report to Secretary; allocation criteria; guidelines (1) Grants, agreements or contracts under this section may be made to individuals, local non- profit organizations and institutions, State and local agencies, Indian tribes and small busi- nesses. The Secretary shall develop simplified procedures with respect to application for sup- port under this section. (2) Each grant, agreement or contract under this section shall be governed by the provisions of section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 [42 U.S.C. 5908] and shall contain effective provisions under which the Secretary shall receive a full written report of activities supported in whole or in part by funds made available by the Secretary; and (3) In determining the allocation of funds among applicants for support under this section the Secretary may take into consideration: (A) the potential for energy savings or en- ergy production; (B) the type of fuel saved or produced; (C) the potential impact on local or regional energy or environmental problems; and (D) such other criteria as the Secretary finds necessary to achieve the purposes of this Act or the purposes of the Federal Nonnuclear En- ergy Research and Development Act of 1974 [42 U.S.C. 5901 et seq.]. Guidelines implementing this section shall be promulgated with full opportunity for public comment. (e) Reports to Congress The Secretary shall— (1) prepare and submit no later than October 1, 1977, a detailed report on plans for imple- mentation, including the timing of implemen- tation, of the provisions of this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representa- tives and shall keep such committees fully and currently informed concerning the develop- ment of such plans; and (2) include as a part of the annual report re- quired by section 15(a)(1) 1 of the Federal Non- nuclear Energy Research and Development Act of 1974 beginning in 1977, a full and com- plete report on the program under this sec- tion. (Pub. L. 95–39, title I, § 112, June 3, 1977, 91 Stat. 186; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d)(3)(D), means Pub. L. 95–39, June 3, 1977, 91 Stat. 180, which to the extent classified to the Code enacted sections 5816a, 5817a, 5903c, 5907a, 5915a, 5918, and 7001 to 7011 of this title, amended sections 5813, 5818, and 5912 of this title, and enacted provisions set out as notes under sections 5906, 5907, 5914, and 7001 of this title. For complete classifica- tion of this Act to the Code, see Tables. The Federal Nonnuclear Energy Research and Devel- opment Act of 1974, referred to in subsec. (d)(3)(D), is Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is clas- sified generally to this chapter (§ 5901 et seq.). For com- plete classification of this Act to the Code, see Short Title note set out under section 5901 of this title and Tables. Section 15 of the Federal Nonnuclear Energy Re- search and Development Act of 1974, referred to in sub- sec. (e)(2), was classified to section 5914 of this title and was omitted from the Code. 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 CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. TRANSFER OF FUNCTIONS ‘‘Secretary’’, meaning Secretary of Energy, sub- stituted for ‘‘Administrator’’, ‘‘Administration’’, and ‘‘Assistant Administrator for Conservation and Devel- opment’’, meaning Energy Research and Development Administration and Administrator thereof, in subsecs. (a), (d), and (e) and ‘‘Department of Energy’’ sub- stituted for ‘‘Administration’’ in subsec. (a) 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 Research and Devel- opment Administration and transferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of Energy.