Notes on 42 U.S.C. § 5915 : US Code - Notes

Search Notes on 42 U.S.C. § 5915 : US Code - Notes

(Pub. L. 93-577, Sec. 16, Dec. 31, 1974, 88 Stat. 1894; Pub. L. 109-
58, title X, Sec. 1009(b)(10), Aug. 8, 2005, 119 Stat. 935.)
AMENDMENTS
2005 - Pub. L. 109-58, in section catchline, substituted
"Authorization of appropriations" for "Appropriation
authorization", and in text, substituted "There may be appropriated
to the Secretary" for "(a) There may be appropriated to the
Administrator" and struck out subsecs. (b) and (c), which related
to amounts to be made available to the Council on Environmental
Quality and the Water Resources Council and amounts which might be
appropriated for demonstration projects.
ALTERNATIVE FUELS PRODUCTION; ENERGY SECURITY RESERVE FUND
Pub. L. 96-126, title II, Sec. 201, Nov. 27, 1979, 93 Stat. 970,
as amended by Pub. L. 99-190, Sec. 101(d) [title II, Sec. 201],
Dec. 19, 1985, 99 Stat. 1224, 1255, provided that:
"In order to expedite the domestic development and production of
alternative fuels and to reduce dependence on foreign supplies of
energy resources by establishing such domestic production at
maximum levels at the earliest time practicable, there is hereby
established in the Treasury of the United States a special fund to
be designated the 'Energy Security Reserve', to which is
appropriated $19,000,000,000, to remain available until expended:
Provided, That these funds shall be available for obligation only
to stimulate domestic commercial production of alternative fuels
and only to the extent provided in advance in appropriations Acts:
Provided further, That of these funds $1,500,000,000 shall be
available immediately to the Secretary of Energy to carry out the
provisions of the Federal Nonnuclear Energy Research and
Development Act of 1974, as amended (42 U.S.C. 5901, et seq.), to
remain available until expended, for the purchase or production by
way of purchase commitments or price guarantees of alternative
fuels: Provided further, That the Secretary shall immediately begin
the contract process for purchases of, or commitments to purchase,
or to resell alternative fuels to the extent of appropriations
provided herein: Provided further, That of these funds an
additional $708,000,000 shall be available immediately to the
Secretary of Energy, to remain available until expended, to support
preliminary alternative fuels commercialization activities under
the Federal Nonnuclear Energy Research and Development Act of 1974,
as amended, of which (1) not to exceed $100,000,000 shall be
available for project development feasibility studies, such
individual awards not to exceed $4,000,000: Provided, That the
Secretary may require repayment of such funds where studies
determine that such project proposals have economic or technical
feasibility; (2) not to exceed $100,000,000 shall be available for
cooperative agreements with non-Federal entities, such individual
agreements not to exceed $25,000,000 to support commercial scale
development of alternative fuel facilities; (3) not to exceed
$500,000,000 shall be available for a reserve to cover any defaults
from loan guarantees issued to finance the construction of
alternative fuels production facilities as authorized by the
Federal Nonnuclear Energy Research and Development Act of 1974, as
amended: Provided, That the indebtedness guaranteed or committed to
be guaranteed under this appropriation shall not exceed the
aggregate of $1,500,000,000; and (4) not to exceed $8,000,000 shall
be available for program management.
"This Act [Pub. L. 96-126] shall be deemed to satisfy the
requirements for congressional action pursuant to sections 7(c) and
19 of said Act [section 5906(c) and former section 5919 of this
title] with respect to any purchase commitment, price guarantee, or
loan guarantee for which funds appropriated hereby are utilized or
obligated.
"For the purposes of this appropriation the term 'alternative
fuels', means gaseous, liquid, or solid fuels and chemical
feedstocks derived from coal, shale, tar sands, lignite, peat,
biomass, solid waste, unconventional natural gas, and other
minerals or organic materials other than crude oil or any
derivative thereof.
"Within ninety days following enactment of this Act [Nov. 27,
1979], the Secretary of Energy in his sole discretion shall issue a
solicitation for applications which shall include criteria for
project development feasibility studies described in this account.
"Loan guarantees for oil shale facilities issued under this
appropriation may be used to finance construction of full-sized
commercial facilities without regard to the proviso in section
19(b)(1) of said Act [former section 5919(b)(1) of this title]
requiring the prior demonstration of a modular facility.
"In any case in which the Government, under the provisions of
this appropriation, accepts delivery of and does not resell any
alternative fuels, such fuels shall be used by an appropriate
Federal agency. Such Federal agency shall pay into the reserve the
market price, as determined by the Secretary, for such fuels from
sums appropriated to such Federal agency for the purchase of fuels.
The Secretary shall pay the contractor, from sums appropriated
herein, the contract price for such fuels.
"All amounts received by the Secretary under this appropriation,
including fees, any other monies, property, or assets derived by
the Secretary from operations under this appropriation shall be
deposited in the reserve.
"All payments for obligations and appropriate expenses (including
reimbursements to other Government accounts), pursuant to
operations of the Secretary under this appropriation shall be paid
from the reserve subject to appropriations.
"For the establishment in the Treasury of the United States of a
special fund to be designated the 'Solar and Conservation Reserve',
$1,000,000,000 to remain available until expended: Provided, That
these funds shall be available for obligation only to stimulate
solar energy and conservation: Provided further, That the
withdrawal of said funds shall be subject to the passage of
authorizing legislation and only to the extent provided in advance
in appropriations Acts."
Additional provisions relating to appropriations for the Energy
Security Reserve Fund, purposes for which the Fund is available,
and administrative provisions for the Fund and alternative fuels
production were contained in the following appropriation Acts:
Pub. L. 98-369, div. B, title I, Sec. 2103, July 18, 1984, 98
Stat. 1058.
Pub. L. 97-100, title II, Dec. 23, 1981, 95 Stat. 1407.
Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 48.
Pub. L. 96-369, Sec. 121, Oct. 1, 1980, 94 Stat. 1357.
Pub. L. 96-304, title I, July 8, 1980, 94 Stat. 880-882, as
amended Pub. L. 96-514, title II, Dec. 12, 1980, 94 Stat. 2974.