
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5920]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 74--NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT
 
Sec. 5920. Financial support program for municipal waste 
        reprocessing demonstration facilities
        

(a) Statement of purpose

    It is the purpose of this section--
        (1) to assure adequate Federal support to foster a program to 
    demonstrate municipal waste reprocessing for the production of fuel 
    and energy intensive products; and
        (2) to gather information about the technological, economic, 
    environmental, and social costs, benefits, and impacts of such 
    demonstration facilities.

(b) Grants, contracts, price supports, and cooperative agreements 
        implementing programs; aggregate amount of funds available; 
        ``municipal'' defined; ownership, operation, etc., of 
        facilities; Federal share; price support program regulations for 
        revenue producing products

    (1) The Secretary is authorized and directed, to the extent provided 
in appropriation Acts, to establish such a demonstration program by 
making grants, contracts, price supports, and cooperative agreements 
pursuant to this chapter or any combination thereof for the 
establishment of municipal waste reprocessing demonstration facilities. 
For the purpose of this section municipal waste shall include but not be 
limited to municipal solid waste, sewage sludge, and other municipal 
organic wastes.
    (2) The aggregate amount of funds available for grants, contracts, 
price supports, and cooperative agreements for municipal waste 
reprocessing demonstration facilities shall not exceed $20,000,000 in 
the fiscal year ending September 30, 1978.
    (3) For purposes of this section the term ``municipal'' shall 
include any city, town, borough, county, parish, district, or other 
public body created by or pursuant to State law.
    (4) Municipal waste reprocessing demonstration facilities 
established under this section shall be owned or operated (or both owned 
and operated) by the municipality and shall involve the recovery of 
energy or energy intensive products. Such facilities may be established 
by any public or private entity, by contract or otherwise, as may be 
determined by the local government which will own or operate (or both 
own and operate) such facilities and to which financial support is 
provided. The Federal share for any such facility to which this section 
applies shall not exceed 75 per centum of the cost of such facility, and 
not more than $40,000,000 in Federal funds under this section may be 
used for the construction of any one facility.
    (5) The Secretary shall promulgate such regulations as he deems 
necessary, pursuant to section 5906(a)(4) and section 5906(c)(1) and (6) 
of this title, for purposes of establishing a price support program for 
revenue producing products of municipal waste reprocessing demonstration 
facilities.

(c) Consultation with Environmental Protection Agency to insure 
        compliance with provisions relating to solid waste disposal 
        full-scale demonstration facilities; administration of projects 
        subject to May 7, 1976, Interagency Agreement

    (1) The Secretary shall consult with the Environmental Protection 
Agency to assure that the provisions of section 6984 of this title are 
applied in carrying out this section.
    (2) Any energy-related research, development, or demonstration 
project for the conversion (including bioconversion) of municipal waste 
carried out by the Secretary pursuant to this chapter or any other Act 
shall be administered in accordance with the May 7, 1976, Interagency 
Agreement between the Environmental Protection Agency and the Energy 
Research and Development Administration on the development of energy 
from solid wastes; and specifically, in accordance with such Agreement 
(A) for those energy-related projects of mutual interest, planning will 
be conducted jointly by the Environmental Protection Agency and the 
Secretary, following which project responsibility will be assigned to 
one agency; (B) energy-related aspects of projects for recovery of fuels 
or energy intensive products from municipal waste as defined in this 
section shall be the responsibility of the Secretary including energy-
related economic and institutional aspects; and (C) the Environmental 
Protection Agency shall retain responsibility for the environmental and 
other economic and institutional aspects of solid waste projects and for 
assurance that such projects are consistent with any applicable 
suggested guidelines published pursuant to section 6907 of this title, 
and any applicable State or regional waste management plan.

(d) Guidelines for obtaining program information from municipalities; 
        availability of information, etc., to Congressional committees; 
        annual reports to Congress; contents, etc.

    (1) The Secretary shall establish such guidelines as he deems 
necessary for purposes of obtaining pertinent information from 
municipalities receiving funding under this section. These guidelines 
shall include but not be limited to methods of assessment and evaluation 
of projects authorized under this section. Such assessments and 
evaluations shall be presented by the Secretary to the House Committee 
on Science, Space, and Technology and the Senate Committee on Energy and 
Natural Resources upon the request of either such committee.
    (2) The Secretary shall annually submit a report to the Congress 
concerning the actions taken or not taken by the Secretary under this 
section during the preceding fiscal year, and including but not limited 
to (A) a discussion of the status of each demonstration facility and 
related facilities financed under this section, including progress made 
in the development of such facilities, and the expected or actual 
production from each such facility including byproduct production 
therefrom, and the distribution of such products and byproducts, (B) a 
statement of the financial condition of each such demonstration 
facility, (C) data concerning the environmental, community, and health 
and safety impacts of each such facility and the actions taken or 
planned to prevent or mitigate such impacts, (D) the administrative and 
other costs incurred by the Secretary and other Federal agencies in 
carrying out this program, and (E) such other data as may be helpful in 
keeping Congress and the public fully and currently informed about the 
program authorized by this section.
    (3) The annual reports required by this subsection shall be a part 
of the annual report required by section 5914 of this title, except that 
the matters required to be reported by this subsection shall be clearly 
set out and identified in such annual reports. Such reports shall be 
transmitted to the Speaker of the House of Representatives and the House 
Committee on Science, Space, and Technology and to the President of the 
Senate and the Senate Committee on Energy and Natural Resources.

(e) Transfer of part of program to other agency or authority

    No part of the program authorized by this section shall be 
transferred to any other agency or authority, except pursuant to Act of 
Congress enacted after February 25, 1978.

(f) Compliance by municipalities receiving financial assistance with 
        Federal and State environmental, etc., laws and regulations, and 
        licensing requirements

    Nothing in this section shall be construed as abrogating any 
obligations of any municipality receiving financial assistance pursuant 
to this section to comply with Federal and State environmental, land 
use, water, and health and safety laws and regulations or to obtain 
applicable Federal and State permits, licenses, and certificates.

(Pub. L. 93-577, Sec. 20, as added Pub. L. 95-238, title IV, Sec. 401, 
Feb. 25, 1978, 92 Stat. 84; amended Pub. L. 103-437, Sec. 15(c)(9), Nov. 
2, 1994, 108 Stat. 4592.)


                               Amendments

    1994--Subsec. (d)(1), (3). Pub. L. 103-437 substituted ``Committee 
on Science, Space, and Technology'' for ``Committee on Science and 
Technology''.

                         Change of Name

    Committee on Science, Space, and Technology of House of 
Representatives treated as referring to Committee on Science of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.

                          Transfer of Functions

    ``Secretary'', meaning Secretary of Energy, substituted for 
``Administrator'' in subsecs. (b)(1), (5), (c)(1), and (d)(1), (2) and 
for ``Energy Research and Development Administration'' in subsec. (c)(2) 
pursuant to sections 301(a), 703, and 707 of Pub. L. 95-91, Aug. 4, 
1977, 91 Stat. 577, 606, 607, 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.

                  Section Referred to in Other Sections

    This section is referred to in section 8838 of this title.
