
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5907]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 74--NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT
 
Sec. 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) Submission of proposals to Secretary; promulgation of regulations by 
        Secretary establishing procedures; required contents of 
        proposals and regulations

    (1) The Secretary shall, within six months of December 31, 1974, 
promulgate regulations establishing procedures for submission of 
proposals to the Secretary 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 authorizing Secretary to 
        proceed with negotiation of agreements and implementation of 
        proposal; amount of Federal contribution requiring Secretary to 
        submit report to Congress as prerequisite to expenditure of 
        funds

    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.

(Pub. L. 93-577, Sec. 8, Dec. 31, 1974, 88 Stat. 1886; Pub. L. 95-91, 
title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4, 1977, 91 
Stat. 577, 606, 607.)

                          Transfer of Functions

    ``Secretary'' and ``Secretary's'', meaning Secretary of Energy, 
substituted for ``Administrator'' and ``Administrator's'', respectively, 
meaning Administrator of Energy Research and Development Administration, 
in subsecs. (a), (b), (c)(2), (d)(1), (3), and (f) and ``Secretary'' 
substituted for ``Energy Research and Development Administration'' in 
subsec. (d)(1) 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 Development 
Administration and transferred its functions and functions of 
Administrator thereof (with certain exceptions) to Secretary of Energy.


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, Sec. 113, June 3, 1977, 91 Stat. 187, 
directed Administrator of Energy Research and Development 
Administration, in consultation with Administrator 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 5585, 5915a, 5919 of this 
title.
