§ 5907. Demonstration projects

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. 1974

   Pub. L. 93–577 § 8 · 88 Stat. 1878

   Enacted · 42 U.S.C. § 5907

   Pub. L. 93–577, § 8, Dec. 31, 1974, 88 Stat. 1886

   Source evidence

   Code source credit
   Pub. L. 93–577, § 8, Dec. 31, 1974, 88 Stat. 1886

   Enacted provision · exact public law section
   Sec. 8. (a) The Administrator is authorized to— (1) identify opportunities to accelerate the commercial applications of new energy technologies, and provide Federal assistance for or participation in demonstration projects (including pilot plants demonstrating technological advances and field demonstrations of new methods and procedures, and demonstrations of prototype commercial applications for the exploration, development, production, transportation, conversion, and utilization of energy resources); and (2) enter into cooperative agreements with non-Federal entities to demonstrate the technical feasibility and economic potential of energy technologies on a prototype or full-scale basis. (b) In reviewing potential projects, the Administrator shall consider criteria including but not limited to— (1) the anticipated, research, development, and application objectives to be achieved by the activities or facilities proposed; (2) the economic, environmental, and societal significance which a successful demonstration may have for the national fuels and energy system; (3) the relationship of the proposal to the criteria of priority set forth in section 5(b) (2); (4) the availability of non-Federal participants to construct and operate the facilities or perform the activities associated with the proposal and to contribute to the financing of the proposal; (5) the total estimated cost including the Federal investment and the probable time schedule; (6) the proposed participants and the proposed financial contributions of the Federal Government and of the non-Federal participants; and (7) the proposed cooperative arrangement, agreements among the participants, and form of management of the activities. (c) (1) A financial award under this section may be made only to the extent of the Federal share of the estimated total design and construction costs, plus operation and maintenance costs. (2) For the purposes of this Act the non-Federal share may be in any form, including, but not limited to, lands or interests therein needed for the project or personal property or services, the value of which shall be determined by the Administrator. (d) (1) The Administrator shall, within six months of enactment Regulations. of this Act, promulgate regulations establishing procedures for submission of proposals to the Energy Research and Development Administration for the purposes of this Act. Such regulations shall establish a procedure for selection of proposals which— (A) provides that projects will be carried out under such conditions and varying circumstances as will assist in solving energy extraction, transportation, conversion, conservation, and end-use problems of various areas and regions, under representative geological, geographic, and environmental conditions; and (B) provides time schedules for submission of, and action on, proposal requests for the purposes of implementing the goals and objectives of this Act. (2) Such regulations also shall specify the types and form of the information, data, and support documentation that are to be contained in proposals for each form of Federal assistance or participation set forth in subsection 7(a) : Provided, That such proposals to the extent possible shall include, but not be limited to— (A) specification of the technology; (B) description of prior pilot plant operating experience with the technology; (C) preliminary design of the demonstration plant; (D) time tables containing proposed construction and operation plans; (E) budget-type estimates of construction and operating costs; (F) description and proof of title to land for proposed site, natural resources, electricity and water supply and logistical information related to access to raw materials to construct and operate the plant and to dispose of salable products produced from the plant; (G) analysis of the environmental impact of the proposed plant and plans for disposal of wastes resulting from the operation of the plant; (H) plans for commercial use of the technology if the demonstration is successful; (I) plans for continued use of the plant if the demonstration is successful; and (J) plans for dismantling of the plant if the demonstration is unsuccessful or otherwise abandoned. (3) The Administrator shall from time to time review and, as appropriate, modify and repromulgate regulations issued pursuant to this section. (e) If the estimate of the Federal investment with respect to construction costs of any demonstration project proposed to be established under this section exceeds $50,000,000, no amount may be appropriated for such project except as specifically authorized by legislation hereafter enacted by the Congress. (f) If the total estimated amount of the Federal contribution to the construction cost of a demonstration project does not exceed $50,000,000, the Administrator is authorized to proceed with the negotiation of agreements and implementation of the proposal subject to the availability of funds under the authorization of appropriations pursuant to section 16: Provided, That if such Federal contribution to Report to congressional committees. the construction cost is estimated to exceed $25,000,000 the Administrator shall provide a full and comprehensive report on the proposed demonstration project to the appropriate committees of the Congress and no funds may be expended for any agreement under the authority granted by this section prior to the expiration of sixty calendar days (not including any day on which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain) from the date on which the Administrator’s report on the proposed project is received by the Congress. Such reports shall contain an analysis of the extent to which the proposed demonstration satisfies the criteria specified in subsection (b) of this section.

2. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 1009(b)(6)(A) · 119 Stat. 594

   Substituted · 42 U.S.C. § 5907(a); 42 U.S.C. § 5907(b); 42 U.S.C. § 5907(c)(2)

   Pub. L. 109–58, § 1009(b)(6)(A), substituted “Secretary” for “Administrator” in introductory provisions of subsecs. (a) and (b) and in par. (2) of subsec. (c)

   Source evidence

   Code amendment note
   Subsecs. (a), (b), (c)(2). Pub. L. 109–58, § 1009(b)(6)(A), substituted “Secretary” for “Administrator” in introductory provisions of subsecs. (a) and (b) and in par. (2) of subsec. (c).

   Enacted provision · exact public law section
   (A) in subsections (a) through (c), by striking “Administrator” each place it appears and inserting “Secretary”;

3. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 1009(b)(6)(B)(i) · 119 Stat. 594

   Substituted · 42 U.S.C. § 5907(d)(1)

   Pub. L. 109–58, § 1009(b)(6)(B)(i), substituted “Administrator of the Energy Research and Development Administration” for “Administrator” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 109–58, § 1009(b)(6)(B)(i), substituted “Administrator of the Energy Research and Development Administration” for “Administrator” in introductory provisions.

   Enacted provision · exact public law section
   (i) in the first sentence of paragraph (1), by inserting “of the Energy Research and Development Administration” after “Administrator”; and

4. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 1009(b)(6)(B)(ii) · 119 Stat. 594

   Substituted · 42 U.S.C. § 5907(d)(3)

   Pub. L. 109–58, § 1009(b)(6)(B)(ii), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 109–58, § 1009(b)(6)(B)(ii), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (ii) in paragraph (3), by striking “Administrator” and inserting “Secretary”; and

5. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 1009(b)(6)(C) · 119 Stat. 594

   1. Substituted · 42 U.S.C. § 5907(f)

      Pub. L. 109–58, § 1009(b)(6)(C), substituted “Secretary” for “Administrator”

   2. Substituted · 42 U.S.C. § 5907(f)

      Pub. L. 109–58, § 1009(b)(6)(C), substituted “Secretary’s” for “Administrator’s”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–58, § 1009(b)(6)(C), substituted “Secretary” for “Administrator” in two places and “Secretary’s” for “Administrator’s”.

   Enacted provision · exact public law section
   (C) in subsection (f)— (i) by striking “Administrator” each place it appears and inserting “Secretary”; and (ii) in the proviso of the first sentence, by striking “Administrator’s” and inserting “Secretary’s”.

6 of 6 references resolved to an enrolled provision