
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: 42USC8837]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
              CHAPTER 96--BIOMASS ENERGY AND ALCOHOL FUELS
 
              SUBCHAPTER II--MUNICIPAL WASTE BIOMASS ENERGY
 
Sec. 8837. Commercialization demonstration program pursuant to 
        Federal nonnuclear energy research and development
        

(a) Establishment and conduct pursuant to other Federal statutory 
        authorities; required undertakings subsequent to consultations

    (1) The Secretary of Energy shall establish and conduct, pursuant to 
the authorities contained in the Federal Nonnuclear Energy Research and 
Development Act of 1974 [42 U.S.C. 5901 et seq.], an accelerated 
research, development, and demonstration program for promoting the 
commercial viability of processes for the recovery of energy from 
municipal wastes.
    (2) The provisions of subsections (d), (m), and (x)(2) of section 19 
of such Act [42 U.S.C. 5919(d), (m), and (x)(2)] shall not apply with 
respect to the program established under this section.
    (3) As part of the program established under this section, the 
Secretary, after consulting with the Administrator of the Environmental 
Protection Agency and the Secretary of Commerce, shall undertake--
        (A) the research, development, and demonstration of technologies 
    to recover energy from municipal wastes;
        (B) the development and application of new municipal waste-to-
    energy recovery technologies;
        (C) the assessment, evaluation, demonstration, and improvement 
    of the performance of existing municipal waste-to-energy recovery 
    technologies with respect to capital costs, operating and 
    maintenance costs, total project financing, recovery efficiency, and 
    the quality of recovered energy and energy intensive materials;
        (D) the evaluation of municipal waste energy projects for the 
    purpose of developing a base of engineering data that can be used in 
    the design of future municipal waste energy projects to recover 
    energy from municipal wastes; and
        (E) research studies on the size and other significant 
    characteristics of potential markets for municipal waste-to-energy 
    recovery technologies, and recovered energy, and energy intensive 
    materials.

(b) Financial assistance

    Under such program, the Secretary of Energy may provide financial 
assistance consisting of price supports, loans, and loan guarantees, for 
the cost of planning, designing, constructing, operating, and 
maintaining demonstration facilities, and, in the case of existing 
facilities, modifications of such facilities solely for demonstration 
purposes, for the conversion of municipal wastes into energy or the 
recovery of materials.

(c) Priority for funding

    Priority for funding of activities under subsection (a) of this 
section and financial assistance under subsection (b) of this section 
shall be provided for any activity or project for the demonstration of 
technologies for the production of liquid fuels or biomass energy which 
substitute for petroleum or natural gas.

(d) Obligation and expenditure of funds

    The Secretary of Energy may not obligate or expend any funds 
authorized under this chapter in carrying out subsection (b) of this 
section until the plan required under section 8831(a) of this title has 
been prepared and submitted to the Congress.

(e) Deposit of moneys received

    All amounts received by the Secretary of Energy as fees, interest, 
repayment of principal, and any other moneys received by the Secretary 
from operations under this section shall be deposited in the general 
fund of the Treasury of the United States as miscellaneous receipts.

(Pub. L. 96-294, title II, Sec. 237, June 30, 1980, 94 Stat. 703.)

                       References in Text

    The Federal Nonnuclear Energy Research and Development Act of 1974, 
referred to in subsec. (a)(1), is Pub. L. 93-577, Dec. 31, 1974, 88 
Stat. 1878, as amended, which is classified generally to chapter 74 
(Sec. 5901 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 5901 of this 
title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 8839 of this title.
