
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: 42USC9205]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 100--WIND ENERGY SYSTEMS
 
Sec. 9205. Technology application programs


(a) Unit, operating, and maintenance costs

    The Secretary shall establish a technology application program for 
wind energy systems to achieve the purposes of this chapter by reduction 
in unit costs of wind energy systems through mass production and by 
determination of operating and maintenance costs through broad 
operational systems experience.

(b) Proposals for Federal assistance

    In achieving the objectives of this section, the Secretary shall 
solicit and evaluate proposals for Federal assistance pursuant to 
paragraphs (1), (2), and (3) of subsection (c) of this section for 
investigating, purchasing, and installing such wind energy systems from 
public or private entities wishing to utilize wind energy systems.

(c) Forms of Federal assistance

    In achieving the objectives of this section, the Secretary is 
authorized to use various forms of Federal assistance including, but not 
limited to--
        (1) contracts and cooperative agreements;
        (2) grants;
        (3) loans; and
        (4) direct Federal procurement.

(d) Quantity production and utilization

    In carrying out his duties under this chapter, the Secretary is 
authorized to enter into such contracts and cooperative agreements with 
any public or private entity as may be necessary or appropriate for the 
production and utilization of large and small wind energy systems in 
quantities sufficient to achieve the objectives of this section.

(e) Procedure for direct grants for large systems; limitation of amount

    In carrying out his duties under this chapter, the Secretary shall, 
within six months of September 8, 1980, establish procedures to allow 
any public or private entity wishing to install a large wind energy 
system to apply for and, upon meeting such terms and conditions as the 
Secretary may prescribe, to receive a direct grant for a portion of the 
total purchase and installation cost of such wind energy system: 
Provided, That grants for the portion of such cost in the case of large 
wind energy systems shall not exceed (A) 50 per centum of such cost 
during the first six years of the program under this subsection, and (B) 
25 per centum of such cost during the seventh or eighth year of the 
program.

(f) Procedure for loans for small or large systems; limitation of 
        amount; term; interest; prepayment; other terms and conditions

    (1) In carrying out his duties under this chapter, the Secretary 
shall, within six months of September 8, 1980, establish procedures to 
allow public or private entities wishing to install a small or large 
wind energy system to apply for and, upon meeting such terms and 
conditions as the Secretary may prescribe, to receive loans for up to 75 
per centum of the total purchase and installation costs of wind energy 
systems providing in the aggregate up to three hundred and twenty 
megawatts peak generating capacity involving at a minimum four projects: 
Provided, That no such loan in any fiscal year shall be for more than 50 
per centum of the amount appropriated under this chapter for such fiscal 
year.
    (2) Each loan shall be for a term which the Secretary deems 
appropriate, but no loan shall exceed twenty years beyond the date the 
wind energy system becomes operational.
    (3) Each loan made pursuant to this section shall bear interest at 
the discount or interest rate used at the time the loan is made for 
water resource planning projects under section 1962d-17 of this title. 
Such loan can be prepaid at any time without prepayment penalty and 
shall be contingent upon such other terms and conditions prescribed by 
the Secretary.

(g) Funds for Federal agency systems; projects and activities for 
        technology applications of systems

    (1) In carrying out his duties under this chapter, the Secretary is 
authorized to provide funds for the accelerated procurement and 
installation of small and large wind energy systems by Federal agencies.
    (2) The Secretary is authorized to enter into arrangements with 
appropriate Federal agencies, including the Water and Power Resources 
Services and the Federal power marketing agencies for large wind energy 
systems, to carry out such projects and activities as may be appropriate 
for the broad technology applications of small and large wind energy 
systems which are suitable and effective for use by such Federal 
agencies.

(h) Observation, monitoring, and reporting requirements; public 
        inspection

    The terms and conditions prescribed by the Secretary under this 
subsection shall require such observation, monitoring, and reporting 
requirements as the Secretary deems necessary for a period of five years 
and shall provide for members of the public to view and inspect the 
system under reasonable conditions.

(i) Termination of new Federal assistance and Federal assistance 
        programs

    New Federal assistance for technology applications systems shall 
terminate upon the appropriate determination by the Secretary, in the 
annual update of the comprehensive program management plan pursuant to 
section 9203 of this title. Termination of the small wind energy systems 
program shall occur when the Secretary finds that such systems have 
become economically competitive with conventional energy sources, or on 
September 30, 1985, whichever occurs first. Termination of the large 
wind energy systems program shall occur when the Secretary finds that 
such systems have become economically competitive with conventional 
energy sources, or on September 30, 1988, whichever occurs first.

(Pub. L. 96-345, Sec. 6, Sept. 8, 1980, 94 Stat. 1142.)

                       References in Text

    Section 1962d-17 of this title, referred to in subsec. (f)(3), was 
in the original ``section 80 of the Water Resources Development Act of 
1974 (42 U.S.C. 1962(d)-17(a))''. Section 80 of the Water Resources 
Development Act of 1974 is classified to section 1962d-17 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 9203, 9207 of this title.
