42 U.S.C. § 5907 : US Code - Section 5907: Demonstration projects

Search 42 U.S.C. § 5907 : US Code - Section 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 technologies, and provide Federal
assistance for or participation in demonstration projects
(including pilot plants demonstrating technological advances and
field demonstrations of new methods and procedures, and
demonstrations 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 technical feasibility and economic potential
of energy 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 societal significance
which a successful demonstration 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 participants to construct
and operate the facilities or perform the activities associated
with the proposal 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 proposed financial
contributions of the Federal Government and of the non-Federal
participants; 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 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 regulations establishing procedures for submission of
proposals to the Energy Research and Development Administration for
the purposes of this chapter. Such regulations shall establish a
procedure for selection of proposals which -
(A) provides that projects will be carried out under such
conditions and varying circumstances as will assist in solving
energy extraction, transportation, conversion, conservation, and
end-use problems of various areas and regions, under
representative geological, geographic, and environmental
conditions; and
(B) provides time schedules for submission of, and action on,
proposal requests for the purposes of implementing the goals and
objectives 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 construction 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 technology 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 review and, as
appropriate, modify and repromulgate regulations issued pursuant to
this section.
(e) Amount of estimate of Federal investment requiring
Congressional authorization for appropriation
If the estimate of the Federal investment with respect to
construction costs of any demonstration project proposed to be
established under this section exceeds $50,000,000, no amount may
be appropriated for such project except as specifically authorized
by legislation hereafter enacted by the Congress.
(f) Amount of estimated Federal contribution; necessity for report
If the total estimated amount of the Federal contribution to the
construction cost of a demonstration 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 construction cost is
estimated to exceed $25,000,000 the Secretary shall provide a full
and comprehensive report on the proposed demonstration 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 calendar days (not
including any day on which either 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.