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Title 42 — The Public Health and Welfare

Part F · Chapter 149 — National Energy Policy and Programs

§ 16291. Fossil energy

Statutory text

(a)

Establishment

(1)

In general

The Secretary shall carry out research, development, demonstration, and commercial application programs in fossil energy, including activities under this part, with the goal of improving the efficiency, effectiveness, and environmental performance of fossil energy production, upgrading, conversion, and consumption.

(2)

Objectives

The programs described in paragraph (1) shall take into consideration the following objectives:

(A)

Increasing the energy conversion efficiency of all forms of fossil energy through improved technologies.

(B)

Decreasing the cost of all fossil energy production, generation, and delivery.

(C)

Promoting diversity of energy supply.

(D)

Decreasing the dependence of the United States on foreign energy supplies.

(E)

Improving United States energy security.

(F)

Decreasing the environmental impact of energy-related activities, including technology development to reduce emissions of carbon dioxide and associated emissions of heavy metals within coal combustion residues and gas streams resulting from fossil fuel use and production.

(G)

Increasing the export of fossil energy-related equipment, technology, including emissions control technologies, and services from the United States.

(H)

Decreasing the cost of emissions control technologies for fossil energy production, generation, and delivery.

(I)

Significantly lowering greenhouse gas emissions for all fossil fuel production, generation, delivery, and utilization technologies.

(J)

Developing carbon removal and utilization technologies, products, and methods that result in net reductions in greenhouse gas emissions, including direct air capture and storage, and carbon use and reuse for commercial application.

(K)

Improving the conversion, use, and storage of carbon oxides produced from fossil fuels.

(L)

Reducing water use, improving water reuse, and minimizing surface and subsurface environmental impact in the development of unconventional domestic oil and natural gas resources.

(3)

Priority

In carrying out the objectives described in subparagraphs (F) through (K) of paragraph (2), the Secretary shall prioritize activities and strategies that have the potential to significantly reduce emissions for each technology relevant to the applicable objective and the international commitments of the United States.

(b)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out fossil energy research, development, demonstration, and commercial application activities, including activities authorized under this part—

(1)

$611,000,000 for fiscal year 2007;

(2)

$626,000,000 for fiscal year 2008; and

(3)

$641,000,000 for fiscal year 2009.

(c)

Allocations

From amounts authorized under subsection (a), the following sums are authorized:

(1)

For activities under section 16292 1 of this title—

(A)

$367,000,000 for fiscal year 2007;

(B)

$376,000,000 for fiscal year 2008; and

(C)

$394,000,000 for fiscal year 2009.

(2)

For activities under section 16294 of this title—

(A)

$20,000,000 for fiscal year 2007;

(B)

$25,000,000 for fiscal year 2008; and

(C)

$30,000,000 for fiscal year 2009.

(3)

For activities under section 16296 of this title—

(A)

$1,500,000 for fiscal year 2007; and

(B)

$450,000 for each of fiscal years 2008 and 2009.

(4)

For the Office of Arctic Energy under section 7144d of this title $25,000,000 for each of fiscal years 2007 through 2009.

(d)

Extended authorization

There are authorized to be appropriated to the Secretary for the Office of Arctic Energy established under section 7144d of this title $25,000,000 for each of fiscal years 2010 through 2012.

(e)

Limitations

(1)

Uses

None of the funds authorized under this section may be used for Fossil Energy Environmental Restoration or Import/Export Authorization.

(2)

Institutions of higher education

Of the funds authorized under subsection (c)(2), not less than 20 percent of the funds appropriated for each fiscal year shall be dedicated to research and development carried out at institutions of higher education.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Energy Research, Development, Demonstration, and Commercial Application Act of 2005

    Pub. L. 109–58 title IX § 961 · 119 Stat. 594

    Enacted · 42 U.S.C. § 16291

    Pub. L. 109–58, title IX, § 961, Aug. 8, 2005, 119 Stat. 889

    Source evidence

    Code source credit
    Pub. L. 109–58, title IX, § 961, Aug. 8, 2005, 119 Stat. 889

    Enacted provision · exact public law section
    SEC. 961. FOSSIL ENERGY. (a) In General.— The Secretary shall carry out research, development, demonstration, and commercial application programs in fossil energy, including activities under this subtitle, with the goal of improving the efficiency, effectiveness, and environmental performance of fossil energy production, upgrading, conversion, and consumption. Such programs take into consideration the following objectives: (1) Increasing the energy conversion efficiency of all forms of fossil energy through improved technologies. (2) Decreasing the cost of all fossil energy production, generation, and delivery. (3) Promoting diversity of energy supply. (4) Decreasing the dependence of the United States on foreign energy supplies. (5) Improving United States energy security. (6) Decreasing the environmental impact of energy-related activities. (7) Increasing the export of fossil energy-related equipment, technology, and services from the United States. (b) Authorization of Appropriations.— There are authorized to be appropriated to the Secretary to carry out fossil energy research, development, demonstration, and commercial application activities, including activities authorized under this subtitle— (1) $611,000,000 for fiscal year 2007; (2) $626,000,000 for fiscal year 2008; and (3) $641,000,000 for fiscal year 2009. (c) Allocations.— From amounts authorized under subsection (a), the following sums are authorized: (1) For activities under section 962— (A) $367,000,000 for fiscal year 2007; (B) $376,000,000 for fiscal year 2008; and (C) $394,000,000 for fiscal year 2009. (2) For activities under section 964— (A) $20,000,000 for fiscal year 2007; (B) $25,000,000 for fiscal year 2008; and (C) $30,000,000 for fiscal year 2009. (3) For activities under section 966— (A) $1,500,000 for fiscal year 2007; and (B) $450,000 for each of fiscal years 2008 and 2009. (4) For the Office of Arctic Energy under section 3197 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (42 U.S.C. 7144d) $25,000,000 for each of fiscal years 2007 through 2009. (d) Extended Authorization.— There are authorized to be appropriated to the Secretary for the Office of Arctic Energy established under section 3197 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (42 U.S.C. 7144d) $25,000,000 for each of fiscal years 2010 through 2012. (e) Limitations.— (1) Uses.— None of the funds authorized under this section may be used for Fossil Energy Environmental Restoration or Import/Export Authorization. (2) Institutions of higher education.— Of the funds authorized under subsection (c)(2), not less than 20 percent of the funds appropriated for each fiscal year shall be dedicated to research and development carried out at institutions of higher education.

  2. Energy Act of 2020

    Pub. L. 116–260 § 4001(5) · 134 Stat. 1182

    1. Redesignated · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(5), designated second sentence of par. (1), as redesignated, as par. (2)

    2. Inserted · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(5), inserted heading

    3. Substituted · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(5), substituted “The programs described in paragraph (1) shall” for “Such programs”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–260, § 4001(5), designated second sentence of par. (1), as redesignated, as par. (2), inserted heading, and substituted “The programs described in paragraph (1) shall” for “Such programs”.

    Enacted provision · exact public law section
    (5) in paragraph (1) (as so designated), in the second sentence of the matter preceding subparagraph (A) (as so redesignated), by striking “Such programs” and inserting the following: “(2) Objectives.— The programs described in paragraph (1) shall” ; and

  3. Energy Act of 2020

    Pub. L. 116–260 § 4001(4) · 134 Stat. 1182

    1. Amended · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(4), designated existing provisions of subsec. (a) as par. (1)

    2. Substituted · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(4), substituted “Establishment” for “In general” in subsec. heading

    3. Inserted · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(4), inserted par. (1) heading

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–260, § 4001(4), designated existing provisions of subsec. (a) as par. (1), substituted “Establishment” for “In general” in subsec. heading, and inserted par. (1) heading.

    Enacted provision · exact public law section
    (4) by striking the subsection designation and all that follows through “The Secretary” in the first sentence of the matter preceding subparagraph (A) (as so redesignated) and inserting the following: “(a) Establishment.— “(1) In general.— The Secretary” ;

  4. Energy Act of 2020

    Pub. L. 116–260 § 4001(3) · 134 Stat. 1182

    1. Added · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(3), added subpars. (G) to (L)

    2. Redesignated · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(3), struck out former subpar. (G), as redesignated, which read as follows: “Increasing the export of fossil energy-related equipment, technology, and services from the United States.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–260, § 4001(3), added subpars. (G) to (L) and struck out former subpar. (G), as redesignated, which read as follows: “Increasing the export of fossil energy-related equipment, technology, and services from the United States.”

    Enacted provision · exact public law section
    (3) by striking subparagraph (G) (as so redesignated) and inserting the following: “(G) Increasing the export of fossil energy-related equipment, technology, including emissions control technologies, and services from the United States. “(H) Decreasing the cost of emissions control technologies for fossil energy production, generation, and delivery. “(I) Significantly lowering greenhouse gas emissions for all fossil fuel production, generation, delivery, and utilization technologies. “(J) Developing carbon removal and utilization technologies, products, and methods that result in net reductions in greenhouse gas emissions, including direct air capture and storage, and carbon use and reuse for commercial application. “(K) Improving the conversion, use, and storage of carbon oxides produced from fossil fuels. “(L) Reducing water use, improving water reuse, and minimizing surface and subsurface environmental impact in the development of unconventional domestic oil and natural gas resources.” ;

  5. Energy Act of 2020

    Pub. L. 116–260 § 4001(2) · 134 Stat. 1182

    1. Redesignated · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(2), in subpar. (F), as redesignated

    2. Inserted · 42 U.S.C. § 16291(a)

      Pub. L. 116–260, § 4001(2), in subpar. (F), as inserted “, including technology development to reduce emissions of carbon dioxide and associated emissions of heavy metals within coal combustion residues and gas streams resulting from fossil fuel use and production” before period at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–260, § 4001(2), in subpar. (F), as redesignated, inserted “, including technology development to reduce emissions of carbon dioxide and associated emissions of heavy metals within coal combustion residues and gas streams resulting from fossil fuel use and production” before period at end.

    Enacted provision · exact public law section
    (2) in subparagraph (F) (as so redesignated), by inserting “, including technology development to reduce emissions of carbon dioxide and associated emissions of heavy metals within coal combustion residues and gas streams resulting from fossil fuel use and production” before the period at the end;

  6. Energy Act of 2020

    Pub. L. 116–260 § 4001(1) · 134 Stat. 1182

    Redesignated · 42 U.S.C. § 16291(a)

    Pub. L. 116–260, § 4001(1), redesignated pars. (1) to (7) of subsec. (a) as subpars. (A) to (G), respectively, and realigned margins

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–260, § 4001(1), redesignated pars. (1) to (7) of subsec. (a) as subpars. (A) to (G), respectively, and realigned margins.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively, and indenting appropriately;

  7. Energy Act of 2020

    Pub. L. 116–260 § 4001(6) · 134 Stat. 1182

    Added · 42 U.S.C. § 16291(a)(3)

    Pub. L. 116–260, § 4001(6), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 116–260, § 4001(6), added par. (3).

    Enacted provision · exact public law section
    (6) by adding at the end the following: “(3) Priority.— In carrying out the objectives described in subparagraphs (F) through (K) of paragraph (2), the Secretary shall prioritize activities and strategies that have the potential to significantly reduce emissions for each technology relevant to the applicable objective and the international commitments of the United States.” .

13 of 13 references resolved to an enrolled provision

Editorial Notes

References in Text

This part, referred to in subsecs. (a)(1) and (b), was in the original “this subtitle”, meaning subtitle F (§§ 961–968) of title IX of Pub. L. 109–58, , 119 Stat. 889, which enacted this part and provisions set out as notes under section 2001 of Title 30, Mineral Lands and Mining, and amended provisions set out as a note under section 1902 of Title 30. For complete classification of subtitle F to the Code, see Tables.

Section 16292 of this title, referred to in subsec. (c)(1), relating to coal and related technologies program, was repealed and a new section 16292 of this title, relating to carbon capture technology program, was enacted by Pub. L. 116–260, div. Z, title IV, § 4002(a), , 134 Stat. 2528.

Amendments

2020—Subsec. (a). Pub. L. 116–260, § 4001(5), designated second sentence of par. (1), as redesignated, as par. (2), inserted heading, and substituted “The programs described in paragraph (1) shall” for “Such programs”.

Pub. L. 116–260, § 4001(4), designated existing provisions of subsec. (a) as par. (1), substituted “Establishment” for “In general” in subsec. heading, and inserted par. (1) heading.

Pub. L. 116–260, § 4001(3), added subpars. (G) to (L) and struck out former subpar. (G), as redesignated, which read as follows: “Increasing the export of fossil energy-related equipment, technology, and services from the United States.”

Pub. L. 116–260, § 4001(2), in subpar. (F), as redesignated, inserted “, including technology development to reduce emissions of carbon dioxide and associated emissions of heavy metals within coal combustion residues and gas streams resulting from fossil fuel use and production” before period at end.

Pub. L. 116–260, § 4001(1), redesignated pars. (1) to (7) of subsec. (a) as subpars. (A) to (G), respectively, and realigned margins.

Subsec. (a)(3). Pub. L. 116–260, § 4001(6), added par. (3).

Credits

2005–2020 · 2 acts
  1. 2005Pub. L. 109–58, title IX, § 961, , 119 Stat. 889
  2. 2020Pub. L. 116–260, div. Z, title IV, § 4001, , 134 Stat. 2527.
Show as published

(Pub. L. 109–58, title IX, § 961, , 119 Stat. 889; Pub. L. 116–260, div. Z, title IV, § 4001, , 134 Stat. 2527.)

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