
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: 48USC1492]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
         CHAPTER 10--TERRITORIAL PROVISIONS OF A GENERAL NATURE
 
Sec. 1492. Energy resources of Caribbean and Pacific insular 
        areas
        

(a) Congressional findings

    The Congress finds that--
        (1) the Caribbean and Pacific insular areas of Puerto Rico, the 
    Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, 
    the Federated States of Micronesia, the Marshall Islands, and Palau 
    are virtually completely dependent on imported sources of energy;
        (2) the dependence of such areas on imported sources of energy 
    coupled with the increasing cost and the uncertain availability and 
    supply of such sources of energy will continue to frustrate the 
    political, social, and economic development of such areas by placing 
    increasingly severe fiscal burdens on the local governments of these 
    areas;
        (3) these insular areas are endowed with a variety of renewable 
    sources of energy which, if developed, would alleviate their 
    dependence on imported sources of energy, relieve the fiscal burden 
    on local governments imposed by the costs of imported fuel, and 
    strengthen the base for political, social, and economic development;
        (4) appropriate technologies are presently available to develop 
    the renewable energy resources of these insular areas but that 
    comprehensive energy plans have not been adequately developed to 
    meet the energy demands of these areas from renewable energy 
    resources.

(b) Congressional declaration of policy

    The Congress declares that it is the policy of the Federal 
Government to--
        (1) develop the renewable energy resources of the Caribbean and 
    Pacific insular areas of Puerto Rico, the Virgin Islands, Guam, 
    American Samoa, the Northern Mariana Islands, the Federated States 
    of Micronesia, the Marshall Islands, and Palau; and
        (2) to assist other insular areas in the Caribbean and Pacific 
    Basin in the development of their renewable energy resources.

(c) Comprehensive energy plan

    The Secretary of Energy or any administrative official who may 
succeed him shall prepare a comprehensive energy plan with emphasis on 
indigenous renewable sources of energy for Puerto Rico, the Virgin 
Islands, Guam, American Samoa, the Northern Mariana Islands, the 
Federated States of Micronesia, the Marshall Islands and Palau. The plan 
shall be prepared with the approval of the Secretary of the Interior and 
in cooperation with the chief executive officer of each insular area 
by--
        (1) surveying existing sources and uses of energy;
        (2) estimating future energy needs to the year 2020, giving due 
    consideration to a range of economic development possibilities;
        (3) assessing, in depth, the availability and potential for 
    development of indigenous energy sources, including solar, wind, 
    hydropower, ocean current and tidal, biogas, biofuel, geothermal and 
    ocean thermal energy conversion;
        (4) assessing the mix of energy sources (including fossil fuels) 
    and identifying those technologies that are needed to meet the 
    projected demands for energy; and
        (5) drafting long-term energy plans for such insular areas with 
    the objective of minimizing their reliance on energy imports and 
    making maximum use of their indigenous energy resources.

(d) Demonstration of cost effective renewable energy technologies

    The Secretary of Energy or any administrative official who may 
succeed him, with the approval of the Secretary of the Interior, as part 
of the comprehensive energy planning may demonstrate those indigenous 
renewable energy technologies which are determined to be most cost 
effective through the use of existing programs and may implement any 
projects or programs contained in recommendations of the plan.

(e) Submission of comprehensive energy plan to Congress

    Within two years from December 24, 1980, the Secretary of Energy or 
any administrative official who may succeed him shall submit the 
comprehensive energy plan for each insular area to the Congress.

(f) Authorization of appropriations

    There are hereby authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this section.

(g) Financial assistance

    (1) The Secretary of Energy may grant financial assistance, not to 
exceed $2,000,000 annually, to insular area governments or private 
sector persons working in cooperation with insular area governments to 
carry out projects to evaluate the feasibility of, develop options for, 
and encourage the adoption of energy efficiency and renewable energy 
measures which reduce the dependency of the insular areas on imported 
fuels, improve the quality of the environment, and promote development 
in the insular areas.
    (2) Any applicant for financial assistance under this subsection 
must evidence coordination and cooperation with, and support from, the 
affected local energy institutions.
    (3) In determining the amount of financial assistance to be provided 
for a proposed project, the Secretary shall consider--
        (A) whether the measure will reduce the relative dependence of 
    the insular area on imported fuels;
        (B) the ease and costs of operation and maintenance of any 
    facilities contemplated as a part of the project;
        (C) whether the project will rely on the use of conservation 
    measures or indigenous, renewable energy resources that were 
    identified in the 1982 Territorial Energy Assessment or that are 
    identified by the Secretary as consistent with the purposes of this 
    subsection;
        (D) whether the measure will contribute significantly to 
    development and the quality of the environment in the insular area; 
    and
        (E) any other factors which the Secretary may determine to be 
    relevant to a particular project.

    (4) Notwithstanding the requirements of section 1469a(d) of this 
title, the Secretary shall require at least 20 percent of the costs of 
any project under this subsection to be provided from non-Federal 
sources. Such cost sharing may be in the form of in-kind services, 
donated equipment, or any combination thereof.
    (5) For the purposes of this subsection--
        (A) the term ``insular area'' means American Samoa, the 
    Commonwealth of the Northern Mariana Islands, the Commonwealth of 
    Puerto Rico, the Federated States of Micronesia, Guam, the Republic 
    of the Marshall Islands, the Republic of Palau, and the Virgin 
    Islands; and
        (B) the term ``1982 Territorial Energy Assessment'' means the 
    comprehensive energy plan prepared by the Secretary of Energy 
    pursuant to subsection (c) of this section.

(Pub. L. 96-597, title VI, Sec. 604, Dec. 24, 1980, 94 Stat. 3480; Pub. 
L. 98-213, Sec. 7, Dec. 8, 1983, 97 Stat. 1460; Pub. L. 102-486, title 
XXVII, Sec. 2701, Oct. 24, 1992, 106 Stat. 3118.)


                               Amendments

    1992--Subsec. (g). Pub. L. 102-486 added subsec. (g).
    1983--Subsec. (d). Pub. L. 98-213 inserted ``and may implement any 
projects or programs contained in recommendations of the plan''.
