
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: 42USC8802]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
              CHAPTER 96--BIOMASS ENERGY AND ALCOHOL FUELS
 
Sec. 8802. Definitions

    As used in this chapter--
        (1) The term ``alcohol'' means alcohol (including methanol and 
    ethanol) which is produced from biomass and which is suitable for 
    use by itself or in combination with other substances as a fuel or 
    as a substitute for petroleum or petrochemical feedstocks.
        (2)(A) The term ``biomass'' means any organic matter which is 
    available on a renewable basis, including agricultural crops and 
    agricultural wastes and residues, wood and wood wastes and residues, 
    animal wastes, municipal wastes, and aquatic plants.
        (B) For purposes of subchapter I of this chapter, such term does 
    not include municipal wastes; and for purposes of subchapter III of 
    this chapter, such term does not include aquatic plants and 
    municipal wastes.
        (3) The term ``biomass fuel'' means any gaseous, liquid, or 
    solid fuel produced by conversion of biomass.
        (4) The term ``biomass energy'' means--
            (A) biomass fuel; or
            (B) energy or steam derived from the direct combustion of 
        biomass for the generation of electricity, mechanical power, or 
        industrial process heat.

        (5) The term ``biomass energy project'' means any facility (or 
    portion of a facility) located in the United States which is 
    primarily for--
            (A) the production of biomass fuel (and byproducts); or
            (B) the combustion of biomass for the purpose of generating 
        industrial process heat, mechanical power, or electricity 
        (including cogeneration).

        (6) The term ``Btu'' means British thermal unit.
        (7) The term ``cogeneration'' means the combined generation by 
    any facility of--
            (A) electrical or mechanical power, and
            (B) steam or forms of useful energy (such as heat) which are 
        used for industrial, commercial, heating, or cooling purposes.

        (8) The term ``cooperative'' means any agricultural association, 
    as that term is defined in section 1141j(a) of title 12.
        (9)(A) The term ``construction'' means--
            (i) the construction or acquisition of any biomass energy 
        project;
            (ii) the conversion of any facility to a biomass energy 
        project; or
            (iii) the expansion or improvement of any biomass energy 
        project which increases the capacity or efficiency of that 
        facility to produce biomass energy.

        (B) Such term includes--
            (i) the acquisition of equipment and machinery for use in or 
        at the site of a biomass energy project; and
            (ii) the acquisition of land and improvements thereon for 
        the construction, expansion, or improvement of such a project, 
        or the conversion of a facility to such a project.

        (C) Such term does not include the acquisition of any facility 
    which was operated as a biomass energy project before the 
    acquisition.
        (10) The term ``Federal agency'' means any Executive agency, as 
    defined in section 105 of title 5.
        (11)(A) The term ``financial assistance'' means any of the 
    following forms of financial assistance provided under this chapter, 
    or any combination of such forms:
            (i) loans,
            (ii) loan guarantees,
            (iii) price guarantees, and
            (iv) purchase agreements.

        (B) Such term includes any commitment to provide such 
    assistance.
        (12) The term ``Indian tribe'' means any Indian tribe, band, 
    nation, or other organized group or community, including any Alaska 
    Native village or regional or village corporation as defined in or 
    established pursuant to the Alaska Native Claims Settlement Act [43 
    U.S.C. 1601 et seq.] which is recognized as eligible for the special 
    programs and services provided by the United States to Indians 
    because of their status as Indians.
        (13) The term ``motor fuel'' means gasoline, kerosene, and 
    middle distillates (including diesel fuel).
        (14)(A) The term ``municipal waste'' means any organic matter, 
    including sewage, sewage sludge, and industrial or commercial waste, 
    and mixtures of such matter and inorganic refuse--
            (i) from any publicly or privately operated municipal waste 
        collection or similar disposal system, or
            (ii) from similar waste flows (other than such flows which 
        constitute agricultural wastes or residues, or wood wastes or 
        residues from wood harvesting activities or production of forest 
        products).

        (B) Such term does not include any hazardous waste, as 
    determined by the Secretary of Energy for purposes of this chapter.
        (15)(A) The term ``municipal waste energy project'' means any 
    facility (or portion of a facility) located in the United States 
    primarily for--
            (i) the production of biomass fuel (and byproducts) from 
        municipal waste; or
            (ii) the combustion of municipal waste for the purpose of 
        generating steam or forms of useful energy, including industrial 
        process heat, mechanical power, or electricity (including 
        cogeneration).

        (B) Such term includes any necessary transportation, 
    preparation, and disposal equipment and machinery for use in or at 
    the site of the facility involved.
        (16) The term ``Office of Alcohol Fuels'' means the Office of 
    Alcohol Fuels established under section 8820 of this title.
        (17) The term ``person'' means any individual, company, 
    cooperative, partnership, corporation, association, consortium, 
    unincorporated organization, trust, estate, or any entity organized 
    for a common business purpose, any State or local government 
    (including any special purpose district or similar governmental 
    unit) or any agency or instrumentality thereof, or any Indian tribe 
    or tribal organization.
        (18) The term ``State'' means any of the fifty States, the 
    District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
    Islands of the United States, Guam, American Samoa, the Commonwealth 
    of the Northern Mariana Islands, and the Trust Territory of the 
    Pacific Islands.
        (19) The term ``small scale biomass energy project'' means a 
    biomass energy project with an anticipated annual production 
    capacity of not more than 1,000,000 gallons of ethanol per year, or 
    its energy equivalent of other forms of biomass energy.

(Pub. L. 96-294, title II, Sec. 203, June 30, 1980, 94 Stat. 683.)

                       References in Text

    This chapter, referred to in provision preceding par. (1) and in 
pars. (11)(A) and (14)(B), was in the original ``this title'', meaning 
title II of Pub. L. 96-294, June 30, 1980, 94 Stat. 683, as amended, 
known as the Biomass Energy and Alcohol Fuels Act of 1980, which enacted 
this chapter, sections 1435 and 3129 of Title 7, Agriculture, and 
section 3391a of Title 15, Commerce and Trade, and amended sections 341, 
342, 427, and 3154 of Title 7, section 753 of Title 15, and sections 
590h and 1642 of Title 16, Conservation. For complete classification of 
title II to the Code, see Short Title note set out under section 8801 of 
this title and Tables.
    Subchapter III of this chapter, referred to in par. (2)(B), was in 
the original ``subtitle C'', meaning subtitle C of title II of Pub. L. 
96-294, June 30, 1980, 94 Stat. 705, which enacted subchapter III of 
this chapter and sections 1435 and 3129 of Title 7, and amended sections 
341, 342, 427, and 3154 of Title 7 and sections 590h and 1642 of Title 
16.
    The Alaska Native Claims Settlement Act, referred to in par. (12), 
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is 
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, 
Public Lands. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of Title 43 and Tables.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in title 7 section 4002.
