
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: 42USC8812]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
              CHAPTER 96--BIOMASS ENERGY AND ALCOHOL FUELS
 
            SUBCHAPTER I--GENERAL BIOMASS ENERGY DEVELOPMENT
 
Sec. 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.

(Pub. L. 96-294, title II, Sec. 212, June 30, 1980, 94 Stat. 687.)

                  Section Referred to in Other Sections

    This section is referred to in sections 8813, 8814, 8815, 8816 of 
this title.
