42 U.S.C. § 8812 : US Code - Section 8812: Program responsibility and administration and effect on other programs

Search 42 U.S.C. § 8812 : US Code - Section 8812: Program responsibility and administration and effect on other programs

(a) Duties and functions of Secretary of Agriculture and Secretary
of Energy over projects
(1) Except as provided in paragraph (2), in the case of any
financial assistance under this subchapter for a biomass energy
project, the Secretary 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 capacity of 15,000,000
gallons or more of ethanol (or the energy equivalent of other
forms of biomass 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 cooperative 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 paragraph.
(C)(i) In the case of a project described in subparagraph (A),
the Secretary concerned shall provide the other Secretary a copy of
the application and such supporting information as may be material,
and shall provide the other Secretary at least 15 days to review
the project. If during such 15-day period the reviewing Secretary
provides written notification to the Secretary concerned specifying
reasons why such project should not proceed, the Secretary
concerned shall defer the final decision on the application 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 period, concurrence shall be
deemed to have been given.
(ii) The project applicant may reapply for financial assistance
for such project, after making such modifications to the project as
may be necessary to address issues raised by the reviewing
Secretary in the original notice of objection. The subsequent
review of such project by the reviewing 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
prescribe, in which case -
(i) subparagraphs (B) and (C) and subsection (c) of this
section shall not apply, and
(ii) the proportion of financial assistance provided by each
Secretary shall be determined in accordance with the procedures
jointly prescribed.
(b) Procedural requirements applicable
(1) Each Secretary shall take such action as may be necessary to
assure that -
(A) guidelines for soliciting and receiving applications for
financial assistance are established within 90 days after June
30, 1980;
(B) applications for financial assistance for biomass energy
projects are initially solicited within 30 days after such
guidelines are established;
(C) additional applications for financial assistance are
solicited within 1 year after the date of the initial
solicitation;
(D) any application is evaluated and a decision made on such
application within 120 days after the receipt of the application,
including review under subsections (a)(2)(C), (a)(2)(D), or (c)
of this section; and
(E) all interested persons are provided the easiest possible
access to the application process, including procedures which
assure that -
(i) information concerning financial assistance from either
Secretary is available through all appropriate offices of the
Department of Agriculture and the Department of Energy, and
other regional and local offices of the Federal Government, as
may be appropriate;
(ii) all such locations where such information is available
will be able to accept and file applications, and will forward
them to the Secretary concerned; and
(iii) the procedures established for accepting, evaluating,
and awarding financial assistance will provide for categories
of biomass energy projects, according to size and provide to
the maximum extent practicable the simplest procedures for
small producers.
(2) The procedural requirements of subparagraphs (A) through (D)
of paragraph (1) shall not apply to either Secretary to the extent
that the Secretary finds that other procedures are adopted for the
solicitation, evaluation, and awarding of financial assistance
which will result in applications being processed more
expeditiously.
(c) Notice to and reviewing functions of other Secretary concerning
application for financial assistance
(1) After evaluating any application and before awarding any
financial assistance on the basis of that application, the
Secretary concerned shall provide the other Secretary with -
(A) a copy of the application and such supporting material as
may be appropriate, and
(B) an opportunity of not less than 15 days to review the
application.
This subsection shall not apply in the case of a project subject to
review under subsection (a)(2)(C) of this section.
(2) If the reviewing Secretary provides written notice specifying
any issues regarding matters subject to the Secretary's review to
the Secretary concerned before the end of the 15-day review period,
the Secretary concerned shall defer a final decision on the
application for an additional 30 days to provide an opportunity for
both Secretaries to answer and resolve such issues. At the
expiration of the 30-day period, the Secretary concerned may make a
final decision with respect to the application, using the best
judgment of the Secretary concerned to resolve any remaining
issues.
(3) Reviews of projects under the provisions of subsection
(a)(2)(C) of this section or paragraph (1)(B) by the Secretary of
Agriculture shall be for the purpose of considering the national,
regional, and local agricultural policy impacts of such project on
agricultural supply, production, and use, and reviews by the
Secretary of Energy under such provisions shall be for the purpose
of considering national energy policy impacts and the technical
feasibility of the project.
(4) The Secretary of Agriculture and the Secretary of Energy may
jointly establish categories of projects to which paragraphs (1)
and (2) shall not apply. Within 90 days after June 30, 1980, the
Secretaries shall identify potential categories and make an initial
determination of exempted categories.
(d) Notification of applicant upon disapproval of application for
financial assistance
If any application for financial assistance under this subchapter
is disapproved, the applicant shall be provided written notice of
the reasons for the disapproval.
(e) Implementation of functions assigned to Secretary of
Agriculture by administrative entities within Department of
Agriculture; issuance of regulations; coordination of functions
by designated entities
(1) The functions assigned under this subchapter to the Secretary
of Agriculture may be carried out by any of the administrative
entities in the Department of Agriculture which the Secretary of
Agriculture may designate. Within 30 days after June 30, 1980, the
Secretary of Agriculture shall make such designations and notify
the Congress of the administrative entity or entities so designated
and the officials in such administrative entity or entities who are
to be responsible for such functions.
(2) The Secretary of Agriculture may issue such regulations as
are necessary to carry out functions assigned to the Secretary of
Agriculture under this subchapter.
(3) The entities or entity designated under paragraph (1) shall
coordinate the administration of functions assigned to it under
this subsection with any other biomass energy programs within the
Department of Agriculture established under other provisions of
law.
(f) Implementation of functions assigned to Secretary of Energy by
Office of Alcohol Fuels
The functions under this subchapter which are assigned to the
Secretary of Energy and which relate to alcohol production shall be
carried out by the Office of Alcohol Fuels.
(g) Energy equivalency determinations respecting biomass energy and
ethanol
For purposes of this subchapter, the quantity of any biomass
energy which is the energy equivalent to 15,000,000 gallons of
ethanol shall be prescribed jointly by the Secretary of Agriculture
and the Secretary of Energy within 30 days after June 30, 1980.