-CITE-
    42 USC CHAPTER 149 - ENERGY POLICY, 2005                    01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005

-HEAD-
                     CHAPTER 149 - ENERGY POLICY, 2005                 

-MISC1-
    Sec.                                                     
    15801.      Definitions.                                          

                     SUBCHAPTER I - ENERGY EFFICIENCY                 

                         PART A - FEDERAL PROGRAMS                     
    15811.      Voluntary commitments to reduce industrial energy
                 intensity.                                           
    15812.      Advanced building efficiency testbed.                 
    15813.      Enhancing energy efficiency in management of Federal
                 lands.                                               

               PART B - ENERGY ASSISTANCE AND STATE PROGRAMS           
    15821.      Energy efficient appliance rebate programs.           
    15822.      Energy efficient public buildings.                    
    15823.      Low income community energy efficiency pilot program. 
    15824.      State Technologies Advancement Collaborative.         

                    PART C - ENERGY EFFICIENT PRODUCTS                
    15831.      Public energy education program.                      
    15832.      Energy efficiency public information initiative.      
    15833.      Energy efficiency pilot program.                      
    15834.      Report on failure to comply with deadlines for new or
                 revised energy conservation standards.               

                          PART D - PUBLIC HOUSING                      
    15841.      Energy-efficient appliances.                          
    15842.      Energy strategy for HUD.                              

                     SUBCHAPTER II - RENEWABLE ENERGY                 

                        PART A - GENERAL PROVISIONS                    
    15851.      Assessment of renewable energy resources.             
    15852.      Federal purchase requirement.                         
    15853.      Rebate program.                                       
    15854.      Sugar Cane Ethanol Program.                           
    15855.      Grants to improve the commercial value of forest
                 biomass for electric energy, useful heat,
                 transportation fuels, and other commercial purposes. 

                        PART B - GEOTHERMAL ENERGY                    
    15871.      Coordination of geothermal leasing and permitting on
                 Federal lands.                                       
    15872.      Assessment of geothermal energy potential.            
    15873.      Deposit and use of geothermal lease revenues for 5
                 fiscal years.                                        
    15874.      Intermountain West Geothermal Consortium.             

                          PART C - HYDROELECTRIC                      
    15881.      Hydroelectric production incentives.                  
    15882.      Hydroelectric efficiency improvement.                 

                          PART D - INSULAR ENERGY                      
    15891.      Projects enhancing insular energy independence.       

                       SUBCHAPTER III - OIL AND GAS                   

                      PART A - PRODUCTION INCENTIVES                  
    15901.      Definition of Secretary.                              
    15902.      Program on oil and gas royalties in-kind.             
    15903.      Marginal property production incentives.              
    15904.      Incentives for natural gas production from deep wells
                 in the shallow waters of the Gulf of Mexico.         
    15905.      Royalty relief for deep water production.             
    15906.      North Slope Science Initiative.                       
    15907.      Orphaned, abandoned, or idled wells on Federal land.  
    15908.      Preservation of geological and geophysical data.      
    15909.      Gas hydrate production incentive.                     
    15910.      Enhanced oil and natural gas production through carbon
                 dioxide injection.                                   
    15911.      Denali Commission.                                    
    15912.      Comprehensive inventory of OCS oil and natural gas
                 resources.                                           

                     PART B - ACCESS TO FEDERAL LANDS                 
    15921.      Management of Federal oil and gas leasing programs.   
    15922.      Consultation regarding oil and gas leasing on public
                 land.                                                
    15923.      Methodology.                                          
    15924.      Pilot project to improve Federal permit coordination. 
    15925.      Fair market value determinations for linear
                 rights-of-way across public lands and national
                 forests.                                             
    15926.      Energy right-of-way corridors on Federal land.        
    15927.      Oil shale, tar sands, and other strategic
                 unconventional fuels.                                
    15928.      Consultation regarding energy rights-of-way on public
                 land.                                                

                          PART C - MISCELLANEOUS                      
    15941.      Great Lakes oil and gas drilling ban.                 
    15942.      NEPA review.                                          

                     PART D - REFINERY REVITALIZATION                 
    15951.      Findings and definitions.                             
    15952.      Federal-State regulatory coordination and assistance. 

                           SUBCHAPTER IV - COAL                       

                   PART A - CLEAN COAL POWER INITIATIVE               
    15961.      Authorization of appropriations.                      
    15962.      Project criteria.                                     
    15963.      Report.                                               
    15964.      Clean coal centers of excellence.                     

                       PART B - CLEAN POWER PROJECTS                   
    15971.      Integrated coal/renewable energy system.              
    15972.      Loan to place Alaska clean coal technology facility in
                 service.                                             
    15973.      Western integrated coal gasification demonstration
                 project.                                             
    15974.      Coal gasification.                                    
    15975.      Petroleum coke gasification.                          
    15976.      Electron scrubbing demonstration.                     
    15977.      Department of Energy transportation fuels from
                 Illinois basin coal.                                 

                       PART C - FEDERAL COAL LEASES                   
    15991.      Inventory requirement.                                

                       SUBCHAPTER V - INDIAN ENERGY                   
    16001.      Energy efficiency in federally assisted housing.      

                      SUBCHAPTER VI - NUCLEAR MATTERS                  

                     PART A - GENERAL NUCLEAR MATTERS                 
    16011.      Demonstration hydrogen production at existing nuclear
                 power plants.                                        
    16012.      Prohibition on assumption by United States Government
                 of liability for certain foreign incidents.          
    16013.      Authorization of appropriations.                      
    16014.      Standby support for certain nuclear plant delays.     

              PART B - NEXT GENERATION NUCLEAR PLANT PROJECT          
    16021.      Project establishment.                                
    16022.      Project management.                                   
    16023.      Project organization.                                 
    16024.      Nuclear Regulatory Commission.                        
    16025.      Project timelines and authorization of appropriations.

                         PART C - NUCLEAR SECURITY                     
    16041.      Nuclear facility and materials security.              
    16042.      Department of Homeland Security consultation.         

                    SUBCHAPTER VII - VEHICLES AND FUELS                

                        PART A - EXISTING PROGRAMS                    
    16051.      Joint flexible fuel/hybrid vehicle commercialization
                 initiative.                                          

     PART B - HYBRID VEHICLES, ADVANCED VEHICLES, AND FUEL CELL BUSES 

                        SUBPART 1 - HYBRID VEHICLES                    
    16061.      Hybrid vehicles.                                      
    16062.      Efficient hybrid and advanced diesel vehicles.        

                       SUBPART 2 - ADVANCED VEHICLES                   
    16071.      Pilot program.                                        
    16072.      Reports to Congress.                                  
    16073.      Authorization of appropriations.                      

                        SUBPART 3 - FUEL CELL BUSES                    
    16081.      Fuel cell transit bus demonstration.                  

                        PART C - CLEAN SCHOOL BUSES                    
    16091.      Clean school bus program.                             
    16091a.     Clean school bus program.                             
    16092.      Diesel truck retrofit and fleet modernization program.
    16093.      Fuel cell school buses.                               

                          PART D - MISCELLANEOUS                      
    16101.      Railroad efficiency.                                  
    16102.      Diesel fueled vehicles.                               
    16103.      Conserve by Bicycling Program.                        
    16104.      Reduction of engine idling.                           
    16105.      Biodiesel engine testing program.                     
    16106.      Ultra-efficient engine technology for aircraft.       

                  PART E - FEDERAL AND STATE PROCUREMENT              
    16121.      Definitions.                                          
    16122.      Federal and State procurement of fuel cell vehicles
                 and hydrogen energy systems.                         
    16123.      Federal procurement of stationary, portable, and micro
                 fuel cells.                                          

                    PART F - DIESEL EMISSIONS REDUCTION                
    16131.      Definitions.                                          
    16132.      National grant and loan programs.                     
    16133.      State grant and loan programs.                        
    16134.      Evaluation and report.                                
    16135.      Outreach and incentives.                              
    16136.      Effect of part.                                       
    16137.      Authorization of appropriations.                      

                        SUBCHAPTER VIII - HYDROGEN                    
    16151.      Purposes.                                             
    16152.      Definitions.                                          
    16153.      Plan.                                                 
    16154.      Programs.                                             
    16155.      Hydrogen and Fuel Cell Technical Task Force.          
    16156.      Technical Advisory Committee.                         
    16157.      Demonstration.                                        
    16158.      Codes and standards.                                  
    16159.      Disclosure.                                           
    16160.      Reports.                                              
    16161.      Solar and wind technologies.                          
    16162.      Technology transfer.                                  
    16163.      Miscellaneous provisions.                             
    16164.      Cost sharing.                                         
    16165.      Savings clause.                                       

                 SUBCHAPTER IX - RESEARCH AND DEVELOPMENT             
    16181.      Goals.                                                
    16182.      Definitions.                                          

                        PART A - ENERGY EFFICIENCY                    
    16191.      Energy efficiency.                                    
    16192.      Next Generation Lighting Initiative.                  
    16193.      National Building Performance Initiative.             
    16194.      Building standards.                                   
    16195.      Secondary electric vehicle battery use program.       
    16196.      Energy Efficiency Science Initiative.                 
    16197.      Advanced Energy Efficiency Technology Transfer
                 Centers.                                             

          PART B - DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS      
    16211.      Distributed energy and electric energy systems.       
    16212.      High power density industry program.                  
    16213.      Micro-cogeneration energy technology.                 
    16214.      Distributed energy technology demonstration programs. 
    16215.      Electric transmission and distribution programs.      

                         PART C - RENEWABLE ENERGY                     
    16231.      Renewable energy.                                     
    16232.      Bioenergy program.                                    
    16233.      Low-cost renewable hydrogen and infrastructure for
                 vehicle propulsion.                                  
    16234.      Concentrating solar power research program.           
    16235.      Renewable energy in public buildings.                 

      PART D - AGRICULTURAL BIOMASS RESEARCH AND DEVELOPMENT PROGRAMS  
    16251.      Production incentives for cellulosic biofuels.        
    16252.      Education.                                            
    16253.      Small business bioproduct marketing and certification
                 grants.                                              
    16254.      Regional bioeconomy development grants.               
    16255.      Preprocessing and harvesting demonstration grants.    
    16256.      Education and outreach.                               

                          PART E - NUCLEAR ENERGY                      
    16271.      Nuclear energy.                                       
    16272.      Nuclear energy research programs.                     
    16273.      Advanced fuel cycle initiative.                       
    16274.      University nuclear science and engineering support.   
    16275.      Department of Energy civilian nuclear infrastructure
                 and facilities.                                      
    16276.      Security of nuclear facilities.                       
    16277.      Alternatives to industrial radioactive sources.       

                          PART F - FOSSIL ENERGY                      
    16291.      Fossil energy.                                        
    16292.      Coal and related technologies program.                
    16293.      Carbon capture research and development program.      
    16294.      Research and development for coal mining technologies.
    16295.      Oil and gas research programs.                        
    16296.      Low-volume oil and gas reservoir research program.    
    16297.      Complex Well Technology Testing Facility.             

                             PART G - SCIENCE                         
    16311.      Science.                                              
    16312.      Fusion energy sciences program.                       
    16313.      Catalysis research program.                           
    16314.      Hydrogen.                                             
    16315.      Solid state lighting.                                 
    16316.      Advanced scientific computing research and development
                 program.                                             
    16317.      Systems biology program.                              
    16318.      Fission and fusion energy materials research program. 
    16319.      Energy and water supplies.                            
    16320.      Spallation Neutron Source.                            
    16321.      Rare Isotope Accelerator.                             
    16322.      Office of Scientific and Technical Information.       
    16323.      Science and engineering education pilot program.      
    16324.      Energy research fellowships.                          
    16325.      Science and Technology Scholarship Program.           

                    PART H - INTERNATIONAL COOPERATION                
    16341.      Western Hemisphere energy cooperation.                
    16342.      International energy training.                        

              PART I - RESEARCH ADMINISTRATION AND OPERATIONS          
    16351.      Availability of funds.                                
    16352.      Cost sharing.                                         
    16353.      Merit review of proposals.                            
    16354.      External technical review of departmental programs.   
    16355.      National Laboratory designation.                      
    16356.      Report on equal employment opportunity practices.     
    16357.      Strategy and plan for science and energy facilities
                 and infrastructure.                                  
    16358.      Strategic research portfolio analysis and coordination
                 plan.                                                
    16359.      Competitive award of management contracts.            
    16360.      Western Michigan demonstration project.               
    16361.      Arctic Engineering Research Center.                   
    16362.      Barrow Geophysical Research Facility.                 

     PART J - ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER
                            PETROLEUM RESOURCES
    16371.      Program authority.                                    
    16372.      Ultra-deepwater and unconventional onshore natural gas
                 and other petroleum research and development program.
    16373.      Additional requirements for awards.                   
    16374.      Advisory committees.                                  
    16375.      Limits on participation.                              
    16376.      Sunset.                                               
    16377.      Definitions.                                          
    16378.      Funding.                                              

              SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT          
    16391.      Improved technology transfer of energy technologies.  
    16392.      Technology Infrastructure Program.                    
    16393.      Small business advocacy and assistance.               
    16394.      Outreach.                                             
    16395.      Relationship to other laws.                           
    16396.      Prizes for achievement in grand challenges of science
                 and technology.                                      

                  SUBCHAPTER XI - PERSONNEL AND TRAINING              
    16411.      Workforce trends and traineeship grants.              
    16412.      Training guidelines for nonnuclear electric energy
                 industry personnel.                                  
    16413.      National Center for Energy Management and Building
                 Technologies.                                        
    16414.      National Power Plant Operations Technology and
                 Educational Center.                                  

                       SUBCHAPTER XII - ELECTRICITY                   

            PART A - TRANSMISSION INFRASTRUCTURE MODERNIZATION        
    16421.      Third-party finance.                                  
    16422.      Advanced transmission technologies.                   
    16423.      Advanced Power System Technology Incentive Program.   

               PART B - TRANSMISSION OPERATION IMPROVEMENTS           
    16431.      Federal utility participation in transmission
                 organizations.                                       
    16432.      Study on the benefits of economic dispatch.           

                     PART C - TRANSMISSION RATE REFORM                 
    16441.      Funding new interconnection and transmission upgrades.

       PART D - REPEAL OF PUBLIC UTILITY HOLDING COMPANY ACT OF 1935   
    16451.      Definitions.                                          
    16452.      Federal access to books and records.                  
    16453.      State access to books and records.                    
    16454.      Exemption authority.                                  
    16455.      Affiliate transactions.                               
    16456.      Applicability.                                        
    16457.      Effect on other regulations.                          
    16458.      Enforcement.                                          
    16459.      Savings provisions.                                   
    16460.      Implementation.                                       
    16461.      Transfer of resources.                                
    16462.      Service allocation.                                   
    16463.      Authorization of appropriations.                      

    PART E - MARKET TRANSPARENCY, ENFORCEMENT, AND CONSUMER PROTECTION
    16471.      Consumer privacy and unfair trade practices.          

                           PART F - DEFINITIONS                       
    16481.      Commission defined.                                   

                      SUBCHAPTER XIII - MISCELLANEOUS                  
    16491.      Energy production incentives.                         
    16492.      Regulation of certain oil used in transformers.       
    16493.      National Priority Project Designation.                
    16494.      Oxygen-fuel.                                          

                 SUBCHAPTER XIV - ETHANOL AND MOTOR FUELS             
    16501.      Commercial byproducts from municipal solid waste and
                 cellulosic biomass loan guarantee program.           
    16502.      Advanced Biofuel Technologies Program.                
    16503.      Sugar ethanol loan guarantee program.                 

          SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES      
    16511.      Definitions.                                          
    16512.      Terms and conditions.                                 
    16513.      Eligible projects.                                    
    16514.      Authorization of appropriations.                      

                         SUBCHAPTER XVI - STUDIES                     
    16521.      Report on energy integration with Latin America.      
    16522.      Low-volume gas reservoir study.                       
    16523.      Alaska natural gas pipeline.                          
    16524.      Study on the benefits of economic dispatch.           

-End-



-CITE-
    42 USC Sec. 15801                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005

-HEAD-
    Sec. 15801. Definitions

-STATUTE-
      Except as otherwise provided, in this Act:
      (1) Department
        The term "Department" means the Department of Energy.
      (2) Institution of higher education
        (A) In general
          The term "institution of higher education" has the meaning
        given the term in section 1001(a) of title 20.
        (B) Inclusion
          The term "institution of higher education" includes an
        organization that - 
            (i) is organized, and at all times thereafter operated,
          exclusively for the benefit of, to perform the functions of,
          or to carry out the functions of one or more organizations
          referred to in subparagraph (A); and
            (ii) is operated, supervised, or controlled by or in
          connection with one or more of those organizations.
      (3) National Laboratory
        The term "National Laboratory" means any of the following
      laboratories owned by the Department:
          (A) Ames Laboratory.
          (B) Argonne National Laboratory.
          (C) Brookhaven National Laboratory.
          (D) Fermi National Accelerator Laboratory.
          (E) Idaho National Laboratory.
          (F) Lawrence Berkeley National Laboratory.
          (G) Lawrence Livermore National Laboratory.
          (H) Los Alamos National Laboratory.
          (I) National Energy Technology Laboratory.
          (J) National Renewable Energy Laboratory.
          (K) Oak Ridge National Laboratory.
          (L) Pacific Northwest National Laboratory.
          (M) Princeton Plasma Physics Laboratory.
          (N) Sandia National Laboratories.
          (O) Savannah River National Laboratory.
          (P) Stanford Linear Accelerator Center.
          (Q) Thomas Jefferson National Accelerator Facility.
      (4) Secretary
        The term "Secretary" means the Secretary of Energy.
      (5) Small business concern
        The term "small business concern" has the meaning given the
      term in section 632 of title 15.

-SOURCE-
    (Pub. L. 109-58, Sec. 2, Aug. 8, 2005, 119 Stat. 604.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 109-58, Aug. 8, 2005,
    119 Stat. 594, as amended, known as the Energy Policy Act of 2005,
    which enacted this chapter and enacted, amended, and repealed
    numerous other sections and notes in the Code. For complete
    classification of this Act to the Code, see Short Title note below
    and Tables.


-MISC1-
                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-375, Sec. 1, Dec. 1, 2006, 120 Stat. 2656, provided
    that: "This Act [amending section 15855 of this title] may be cited
    as the 'Sierra National Forest Land Exchange Act of 2006'."

                                SHORT TITLE                            
      Pub. L. 109-58, Sec. 1(a), Aug. 8, 2005, 119 Stat. 594, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Energy Policy Act of 2005'."
      Pub. L. 109-58, title IV, Sec. 431, Aug. 8, 2005, 119 Stat. 760,
    provided that: "This subtitle [subtitle D (Secs. 431-438) of title
    IV of Pub. L. 109-58, enacting part C (Sec. 15991) of subchapter IV
    of this chapter, amending sections 201, 202a, 203, and 207 of Title
    30, Mineral Lands and Mining, and enacting provisions set out as a
    note under section 201 of Title 30] may be cited as the 'Coal
    Leasing Amendments Act of 2005'."
      Pub. L. 109-58, title V, Sec. 501, Aug. 8, 2005, 119 Stat. 763,
    provided that: "This title [enacting subchapter V of this chapter,
    section 7144e of this title, and chapter 37 (Sec. 3501 et seq.) of
    Title 25, Indians, amending section 5315 of Title 5, Government
    Organization and Employees, and section 4132 of Title 25, and
    enacting provisions set out as a note under section 3501 of Title
    25] may be cited as the 'Indian Tribal Energy Development and Self-
    Determination Act of 2005'."
      Pub. L. 109-58, title VIII, Sec. 801, Aug. 8, 2005, 119 Stat.
    844, provided that: "This title [enacting subchapter VIII of this
    chapter] may be cited as the 'Spark M. Matsunaga Hydrogen Act of
    2005'."
      Pub. L. 109-58, title IX, Sec. 901, Aug. 8, 2005, 119 Stat. 856,
    provided that: "This title [enacting subchapter IX of this chapter,
    amending sections 8101 and 8102 of Title 7, Agriculture, and
    section 5523 of Title 15, Commerce and Trade, enacting provisions
    set out as notes under section 8102 of Title 7 and section 2001 of
    Title 30, Mineral Lands and Mining, amending provisions set out as
    notes under section 8101 of Title 7, and section 1902 of Title 30
    may be cited as the 'Energy Research, Development, Demonstration,
    and Commercial Application Act of 2005'."
      Pub. L. 109-58, title XII, Sec. 1201, Aug. 8, 2005, 119 Stat.
    941, provided that: "This title [enacting subchapter XII of this
    chapter and sections 824j-1 and 824o to 824w of Title 16,
    Conservation, amending sections 796, 824, 824a-3, 824b, 824e, 824j,
    824m, 825e, 825f, 825l to 825o, 825o-1, 2621, 2622, 2625, 2634, and
    2642 of Title 16, repealing chapter 2C (Sec. 79 et seq.) of Title
    15, Commerce and Trade, and sections 824n and 825q of Title 16, and
    enacting provisions set out as notes under section 16451 of this
    title and sections 824b, 824o, 824q, and 2642 of Title 16] may be
    cited as the 'Electricity Modernization Act of 2005'."
      Pub. L. 109-58, title XII, Sec. 1261, Aug. 8, 2005, 119 Stat.
    972, provided that: "This subtitle [subtitle F (Secs. 1261-1277) of
    title XII of Pub.L. 109-58, enacting part D (Sec. 16451 et seq.) of
    subchapter XII of this chapter, amending sections 824 and 824m of
    Title 16, Conservation, repealing chapter 2C (Sec. 79 et seq.) of
    Title 15, Commerce and Trade, and section 825q of Title 16, and
    enacting provisions set out as a note under section 16451 of this
    title] may be cited as the 'Public Utility Holding Company Act of
    2005'."

-End-


-CITE-
    42 USC SUBCHAPTER I - ENERGY EFFICIENCY                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY

-HEAD-
                     SUBCHAPTER I - ENERGY EFFICIENCY                 

-End-


-CITE-
    42 USC Part A - Federal Programs                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part A - Federal Programs

-HEAD-
                         PART A - FEDERAL PROGRAMS                     

-End-



-CITE-
    42 USC Sec. 15811                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part A - Federal Programs

-HEAD-
    Sec. 15811. Voluntary commitments to reduce industrial energy
      intensity

-STATUTE-
    (a) Definition of energy intensity
      In this section, the term "energy intensity" means the primary
    energy consumed for each unit of physical output in an industrial
    process.
    (b) Voluntary agreements
      The Secretary may enter into voluntary agreements with one or
    more persons in industrial sectors that consume significant
    quantities of primary energy for each unit of physical output to
    reduce the energy intensity of the production activities of the
    persons.
    (c) Goal
      Voluntary agreements under this section shall have as a goal the
    reduction of energy intensity by not less than 2.5 percent each
    year during the period of calendar years 2007 through 2016.
    (d) Recognition
      The Secretary, in cooperation with other appropriate Federal
    agencies, shall develop mechanisms to recognize and publicize the
    achievements of participants in voluntary agreements under this
    section.
    (e) Technical assistance
      A person that enters into an agreement under this section and
    continues to make a good faith effort to achieve the energy
    efficiency goals specified in the agreement shall be eligible to
    receive from the Secretary a grant or technical assistance, as
    appropriate, to assist in the achievement of those goals.
    (f) Report
      Not later than each of June 30, 2012, and June 30, 2017, the
    Secretary shall submit to Congress a report that - 
        (1) evaluates the success of the voluntary agreements under
      this section; and
        (2) provides independent verification of a sample of the energy
      savings estimates provided by participating firms.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 106, Aug. 8, 2005, 119 Stat. 611.)

-End-



-CITE-
    42 USC Sec. 15812                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part A - Federal Programs

-HEAD-
    Sec. 15812. Advanced Building Efficiency Testbed

-STATUTE-
    (a) Establishment
      The Secretary, in consultation with the Administrator of General
    Services, shall establish an Advanced Building Efficiency Testbed
    program for the development, testing, and demonstration of advanced
    engineering systems, components, and materials to enable
    innovations in building technologies. The program shall evaluate
    efficiency concepts for government and industry buildings, and
    demonstrate the ability of next generation buildings to support
    individual and organizational productivity and health (including by
    improving indoor air quality) as well as flexibility and
    technological change to improve environmental sustainability. Such
    program shall complement and not duplicate existing national
    programs.
    (b) Participants
      The program established under subsection (a) shall be led by a
    university with the ability to combine the expertise from numerous
    academic fields including, at a minimum, intelligent workplaces and
    advanced building systems and engineering, electrical and computer
    engineering, computer science, architecture, urban design, and
    environmental and mechanical engineering. Such university shall
    partner with other universities and entities who have established
    programs and the capability of advancing innovative building
    efficiency technologies.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out this section $6,000,000 for each of the fiscal years 2006
    through 2008, to remain available until expended. For any fiscal
    year in which funds are expended under this section, the Secretary
    shall provide one-third of the total amount to the lead university
    described in subsection (b), and provide the remaining two-thirds
    to the other participants referred to in subsection (b) on an equal
    basis.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 107, Aug. 8, 2005, 119 Stat. 612.)

-End-



-CITE-
    42 USC Sec. 15813                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part A - Federal Programs

-HEAD-
    Sec. 15813. Enhancing energy efficiency in management of Federal
      lands

-STATUTE-
    (a) Sense of the Congress
      It is the sense of the Congress that Federal agencies should
    enhance the use of energy efficient technologies in the management
    of natural resources.
    (b) Energy efficient buildings
      To the extent practicable, the Secretary of the Interior, the
    Secretary of Commerce, and the Secretary of Agriculture shall seek
    to incorporate energy efficient technologies in public and
    administrative buildings associated with management of the National
    Park System, National Wildlife Refuge System, National Forest
    System, National Marine Sanctuaries System, and other public lands
    and resources managed by the Secretaries.
    (c) Energy efficient vehicles
      To the extent practicable, the Secretary of the Interior, the
    Secretary of Commerce, and the Secretary of Agriculture shall seek
    to use energy efficient motor vehicles, including vehicles equipped
    with biodiesel or hybrid engine technologies, in the management of
    the National Park System, National Wildlife Refuge System, National
    Forest System, National Marine Sanctuaries System, and other public
    lands and resources managed by the Secretaries.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 111, Aug. 8, 2005, 119 Stat. 615.)

-End-


-CITE-
    42 USC Part B - Energy Assistance and State Programs        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part B - Energy Assistance and State Programs

-HEAD-
               PART B - ENERGY ASSISTANCE AND STATE PROGRAMS           

-End-



-CITE-
    42 USC Sec. 15821                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part B - Energy Assistance and State Programs

-HEAD-
    Sec. 15821. Energy efficient appliance rebate programs

-STATUTE-
    (a) Definitions
      In this section:
      (1) Eligible State
        The term "eligible State" means a State that meets the
      requirements of subsection (b).
      (2) Energy Star program
        The term "Energy Star program" means the program established by
      section 6294a of this title.
      (3) Residential Energy Star product
        The term "residential Energy Star product" means a product for
      a residence that is rated for energy efficiency under the Energy
      Star program.
      (4) State energy office
        The term "State energy office" means the State agency
      responsible for developing State energy conservation plans under
      section 6322 of this title.
      (5) State program
        The term "State program" means a State energy efficient
      appliance rebate program described in subsection (b)(1).
    (b) Eligible States
      A State shall be eligible to receive an allocation under
    subsection (c) if the State - 
        (1) establishes (or has established) a State energy efficient
      appliance rebate program to provide rebates to residential
      consumers for the purchase of residential Energy Star products to
      replace used appliances of the same type;
        (2) submits an application for the allocation at such time, in
      such form, and containing such information as the Secretary may
      require; and
        (3) provides assurances satisfactory to the Secretary that the
      State will use the allocation to supplement, but not supplant,
      funds made available to carry out the State program.
    (c) Amount of allocations
      (1) In general
        Subject to paragraph (2), for each fiscal year, the Secretary
      shall allocate to the State energy office of each eligible State
      to carry out subsection (d) an amount equal to the product
      obtained by multiplying the amount made available under
      subsection (f) for the fiscal year by the ratio that the
      population of the State in the most recent calendar year for
      which data are available bears to the total population of all
      eligible States in that calendar year.
      (2) Minimum allocations
        For each fiscal year, the amounts allocated under this
      subsection shall be adjusted proportionately so that no eligible
      State is allocated a sum that is less than an amount determined
      by the Secretary.
    (d) Use of allocated funds
      The allocation to a State energy office under subsection (c) may
    be used to pay up to 50 percent of the cost of establishing and
    carrying out a State program.
    (e) Issuance of rebates
      Rebates may be provided to residential consumers that meet the
    requirements of the State program. The amount of a rebate shall be
    determined by the State energy office, taking into consideration - 
        (1) the amount of the allocation to the State energy office
      under subsection (c);
        (2) the amount of any Federal or State tax incentive available
      for the purchase of the residential Energy Star product; and
        (3) the difference between the cost of the residential Energy
      Star product and the cost of an appliance that is not a
      residential Energy Star product, but is of the same type as, and
      is the nearest capacity, performance, and other relevant
      characteristics (as determined by the State energy office) to,
      the residential Energy Star product.
    (f) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out this section $50,000,000 for each of the fiscal years 2006
    through 2010.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 124, Aug. 8, 2005, 119 Stat. 617.)

-End-



-CITE-
    42 USC Sec. 15822                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part B - Energy Assistance and State Programs

-HEAD-
    Sec. 15822. Energy efficient public buildings

-STATUTE-
    (a) Grants
      The Secretary may make grants to the State agency responsible for
    developing State energy conservation plans under section 6322 of
    this title, or, if no such agency exists, a State agency designated
    by the Governor of the State, to assist units of local government
    in the State in improving the energy efficiency of public buildings
    and facilities - 
        (1) through construction of new energy efficient public
      buildings that use at least 30 percent less energy than a
      comparable public building constructed in compliance with
      standards prescribed in the most recent version of the
      International Energy Conservation Code, or a similar State code
      intended to achieve substantially equivalent efficiency levels;
      or
        (2) through renovation of existing public buildings to achieve
      reductions in energy use of at least 30 percent as compared to
      the baseline energy use in such buildings prior to renovation,
      assuming a 3-year, weather-normalized average for calculating
      such baseline.
    (b) Administration
      State energy offices receiving grants under this section shall - 
        (1) maintain such records and evidence of compliance as the
      Secretary may require; and
        (2) develop and distribute information and materials and
      conduct programs to provide technical services and assistance to
      encourage planning, financing, and design of energy efficient
      public buildings by units of local government.
    (c) Authorization of appropriations
      For the purposes of this section, there are authorized to be
    appropriated to the Secretary $30,000,000 for each of fiscal years
    2006 through 2010. Not more than 10 percent of appropriated funds
    shall be used for administration.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 125, Aug. 8, 2005, 119 Stat. 618.)

-End-



-CITE-
    42 USC Sec. 15823                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part B - Energy Assistance and State Programs

-HEAD-
    Sec. 15823. Low income community energy efficiency pilot program

-STATUTE-
    (a) Grants
      The Secretary is authorized to make grants to units of local
    government, private, non-profit community development
    organizations, and Indian tribe economic development entities to
    improve energy efficiency; identify and develop alternative,
    renewable, and distributed energy supplies; and increase energy
    conservation in low income rural and urban communities.
    (b) Purpose of grants
      The Secretary may make grants on a competitive basis for - 
        (1) investments that develop alternative, renewable, and
      distributed energy supplies;
        (2) energy efficiency projects and energy conservation
      programs;
        (3) studies and other activities that improve energy efficiency
      in low income rural and urban communities;
        (4) planning and development assistance for increasing the
      energy efficiency of buildings and facilities; and
        (5) technical and financial assistance to local government and
      private entities on developing new renewable and distributed
      sources of power or combined heat and power generation.
    (c) Definition
      For purposes of this section, the term "Indian tribe" means any
    Indian tribe, band, nation, or other organized group or community,
    including any Alaskan Native village or regional or village
    corporation as defined in or established pursuant to the Alaska
    Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
    recognized as eligible for the special programs and services
    provided by the United States to Indians because of their status as
    Indians.
    (d) Authorization of appropriations
      For the purposes of this section there are authorized to be
    appropriated to the Secretary $20,000,000 for each of fiscal years
    2006 through 2008.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 126, Aug. 8, 2005, 119 Stat. 618.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in subsec.
    (c), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
    which is classified generally to chapter 33 (Sec. 1601 et seq.) of
    Title 43, Public Lands. For complete classification of this Act to
    the Code, see Short Title note set out under section 1601 of Title
    43 and Tables.

-End-



-CITE-
    42 USC Sec. 15824                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part B - Energy Assistance and State Programs

-HEAD-
    Sec. 15824. State Technologies Advancement Collaborative

-STATUTE-
    (a) In general
      The Secretary, in cooperation with the States, shall establish a
    cooperative program for research, development, demonstration, and
    deployment of technologies in which there is a common Federal and
    State energy efficiency, renewable energy, and fossil energy
    interest, to be known as the "State Technologies Advancement
    Collaborative" (referred to in this section as the
    "Collaborative").
    (b) Duties
      The Collaborative shall - 
        (1) leverage Federal and State funding through cost-shared
      activity;
        (2) reduce redundancies in Federal and State funding; and
        (3) create multistate projects to be awarded through a
      competitive process.
    (c) Administration
      The Collaborative shall be administered through an agreement
    between the Department and appropriate State-based organizations.
    (d) Funding sources
      Funding for the Collaborative may be provided from - 
        (1) amounts specifically appropriated for the Collaborative; or
        (2) amounts that may be allocated from other appropriations
      without changing the purpose for which the amounts are
      appropriated.
    (e) Authorization of appropriations
      There are authorized to carry out this section such sums as are
    necessary for each of fiscal years 2006 through 2010.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 127, Aug. 8, 2005, 119 Stat. 619.)

-End-


-CITE-
    42 USC Part C - Energy Efficient Products                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part C - Energy Efficient Products

-HEAD-
                    PART C - ENERGY EFFICIENT PRODUCTS                

-End-



-CITE-
    42 USC Sec. 15831                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part C - Energy Efficient Products

-HEAD-
    Sec. 15831. Public energy education program

-STATUTE-
    (a) In general
      Not later than 180 days after August 8, 2005, the Secretary shall
    convene an organizational conference for the purpose of
    establishing an ongoing, self-sustaining national public energy
    education program.
    (b) Participants
      The Secretary shall invite to participate in the conference
    individuals and entities representing all aspects of energy
    production and distribution, including - 
        (1) industrial firms;
        (2) professional societies;
        (3) educational organizations;
        (4) trade associations; and
        (5) governmental agencies.
    (c) Purpose, scope, and structure
      (1) Purpose
        The purpose of the conference shall be to establish an ongoing,
      self-sustaining national public energy education program to
      examine and recognize interrelationships between energy sources
      in all forms, including - 
          (A) conservation and energy efficiency;
          (B) the role of energy use in the economy; and
          (C) the impact of energy use on the environment.
      (2) Scope and structure
        Taking into consideration the purpose described in paragraph
      (1), the participants in the conference invited under subsection
      (b) shall design the scope and structure of the program described
      in subsection (a).
    (d) Technical assistance
      The Secretary shall provide technical assistance and other
    guidance necessary to carry out the program described in subsection
    (a).
    (e) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 133, Aug. 8, 2005, 119 Stat. 622.)

-End-



-CITE-
    42 USC Sec. 15832                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part C - Energy Efficient Products

-HEAD-
    Sec. 15832. Energy efficiency public information initiative

-STATUTE-
    (a) In general
      The Secretary shall carry out a comprehensive national program,
    including advertising and media awareness, to inform consumers
    about - 
        (1) the need to reduce energy consumption during the 4-year
      period beginning on August 8, 2005;
        (2) the benefits to consumers of reducing consumption of
      electricity, natural gas, and petroleum, particularly during peak
      use periods;
        (3) the importance of low energy costs to economic growth and
      preserving manufacturing jobs in the United States; and
        (4) practical, cost-effective measures that consumers can take
      to reduce consumption of electricity, natural gas, and gasoline,
      including - 
          (A) maintaining and repairing heating and cooling ducts and
        equipment;
          (B) weatherizing homes and buildings;
          (C) purchasing energy efficient products; and
          (D) proper tire maintenance.
    (b) Cooperation
      The program carried out under subsection (a) shall - 
        (1) include collaborative efforts with State and local
      government officials and the private sector; and
        (2) incorporate, to the maximum extent practicable, successful
      State and local public education programs.
    (c) Report
      Not later than July 1, 2009, the Secretary shall submit to
    Congress a report describing the effectiveness of the program under
    this section.
    (d) Termination of authority
      The program carried out under this section shall terminate on
    December 31, 2010.
    (e) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    $90,000,000 for each of fiscal years 2006 through 2010.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 134, Aug. 8, 2005, 119 Stat. 623.)

-End-



-CITE-
    42 USC Sec. 15833                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part C - Energy Efficient Products

-HEAD-
    Sec. 15833. Energy efficiency pilot program

-STATUTE-
    (a) In general
      The Secretary shall establish a pilot program under which the
    Secretary provides financial assistance to at least 3, but not more
    than 7, States to carry out pilot projects in the States for - 
        (1) planning and adopting statewide programs that encourage,
      for each year in which the pilot project is carried out - 
          (A) energy efficiency; and
          (B) reduction of consumption of electricity or natural gas in
        the State by at least 0.75 percent, as compared to a baseline
        determined by the Secretary for the period preceding the
        implementation of the program; or

        (2) for any State that has adopted a statewide program as of
      August 8, 2005, activities that reduce energy consumption in the
      State by expanding and improving the program.
    (b) Verification
      A State that receives financial assistance under subsection
    (a)(1) shall submit to the Secretary independent verification of
    any energy savings achieved through the statewide program.
    (c) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $5,000,000 for each of fiscal years 2006 through 2010, to remain
    available until expended.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 140, Aug. 8, 2005, 119 Stat. 647.)

-End-



-CITE-
    42 USC Sec. 15834                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part C - Energy Efficient Products

-HEAD-
    Sec. 15834. Report on failure to comply with deadlines for new or
      revised energy conservation standards

-STATUTE-
    (a) Initial report
      The Secretary shall submit a report to Congress regarding each
    new or revised energy conservation or water use standard which the
    Secretary has failed to issue in conformance with the deadlines
    established in the Energy Policy and Conservation Act [42 U.S.C.
    6201 et seq.]. Such report shall state the reasons why the
    Secretary has failed to comply with the deadline for issuances of
    the new or revised standard and set forth the Secretary's plan for
    expeditiously prescribing such new or revised standard. The
    Secretary's initial report shall be submitted not later than 6
    months following August 8, 2005, and subsequent reports shall be
    submitted whenever the Secretary determines that additional
    deadlines for issuance of new or revised standards have been
    missed.
    (b) Implementation report
      Every 6 months following the submission of a report under
    subsection (a) until the adoption of a new or revised standard
    described in such report, the Secretary shall submit to the
    Congress an implementation report describing the Secretary's
    progress in implementing the Secretary's plan or the issuance of
    the new or revised standard.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 141, Aug. 8, 2005, 119 Stat. 648.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Energy Policy and Conservation Act, referred to in subsec.
    (a), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended,
    which is classified principally to chapter 77 (Sec. 6201 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 6201 of this title and
    Tables.

-End-


-CITE-
    42 USC Part D - Public Housing                              01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part D - Public Housing

-HEAD-
                          PART D - PUBLIC HOUSING                      

-End-



-CITE-
    42 USC Sec. 15841                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part D - Public Housing

-HEAD-
    Sec. 15841. Energy-efficient appliances

-STATUTE-
      In purchasing appliances, a public housing agency shall purchase
    energy-efficient appliances that are Energy Star products or FEMP-
    designated products, as such terms are defined in section 8259b of
    this title, unless the purchase of energy-efficient appliances is
    not cost-effective to the agency.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 152, Aug. 8, 2005, 119 Stat. 649.)

-End-



-CITE-
    42 USC Sec. 15842                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER I - ENERGY EFFICIENCY
    Part D - Public Housing

-HEAD-
    Sec. 15842. Energy strategy for HUD

-STATUTE-
      The Secretary of Housing and Urban Development shall develop and
    implement an integrated strategy to reduce utility expenses through
    cost-effective energy conservation and efficiency measures and
    energy efficient design and construction of public and assisted
    housing. The energy strategy shall include the development of
    energy reduction goals and incentives for public housing agencies.
    The Secretary shall submit a report to Congress, not later than 1
    year after August 8, 2005, on the energy strategy and the actions
    taken by the Department of Housing and Urban Development to monitor
    the energy usage of public housing agencies and shall submit an
    update every 2 years thereafter on progress in implementing the
    strategy.

-SOURCE-
    (Pub. L. 109-58, title I, Sec. 154, Aug. 8, 2005, 119 Stat. 650.)

-End-


-CITE-
    42 USC SUBCHAPTER II - RENEWABLE ENERGY                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY

-HEAD-
                     SUBCHAPTER II - RENEWABLE ENERGY                 

-End-


-CITE-
    42 USC Part A - General Provisions                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part A - General Provisions

-HEAD-
                        PART A - GENERAL PROVISIONS                    

-End-



-CITE-
    42 USC Sec. 15851                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part A - General Provisions

-HEAD-
    Sec. 15851. Assessment of renewable energy resources

-STATUTE-
    (a) Resource assessment
      Not later than 6 months after August 8, 2005, and each year
    thereafter, the Secretary shall review the available assessments of
    renewable energy resources within the United States, including
    solar, wind, biomass, ocean (including tidal, wave, current, and
    thermal), geothermal, and hydroelectric energy resources, and
    undertake new assessments as necessary, taking into account changes
    in market conditions, available technologies, and other relevant
    factors.
    (b) Contents of reports
      Not later than 1 year after August 8, 2005, and each year
    thereafter, the Secretary shall publish a report based on the
    assessment under subsection (a). The report shall contain - 
        (1) a detailed inventory describing the available amount and
      characteristics of the renewable energy resources; and
        (2) such other information as the Secretary believes would be
      useful in developing such renewable energy resources, including
      descriptions of surrounding terrain, population and load centers,
      nearby energy infrastructure, location of energy and water
      resources, and available estimates of the costs needed to develop
      each resource, together with an identification of any barriers to
      providing adequate transmission for remote sources of renewable
      energy resources to current and emerging markets, recommendations
      for removing or addressing such barriers, and ways to provide
      access to the grid that do not unfairly disadvantage renewable or
      other energy producers.
    (c) Authorization of appropriations
      For the purposes of this section, there are authorized to be
    appropriated to the Secretary $10,000,000 for each of fiscal years
    2006 through 2010.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 201, Aug. 8, 2005, 119 Stat. 650.)

-End-



-CITE-
    42 USC Sec. 15852                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part A - General Provisions

-HEAD-
    Sec. 15852. Federal purchase requirement

-STATUTE-
    (a) Requirement
      The President, acting through the Secretary, shall seek to ensure
    that, to the extent economically feasible and technically
    practicable, of the total amount of electric energy the Federal
    Government consumes during any fiscal year, the following amounts
    shall be renewable energy:
        (1) Not less than 3 percent in fiscal years 2007 through 2009.
        (2) Not less than 5 percent in fiscal years 2010 through 2012.
        (3) Not less than 7.5 percent in fiscal year 2013 and each
      fiscal year thereafter.
    (b) Definitions
      In this section:
      (1) Biomass
        The term "biomass" means any lignin waste material that is
      segregated from other waste materials and is determined to be
      nonhazardous by the Administrator of the Environmental Protection
      Agency and any solid, nonhazardous, cellulosic material that is
      derived from - 
          (A) any of the following forest-related resources: mill
        residues, precommercial thinnings, slash, and brush, or
        nonmerchantable material;
          (B) solid wood waste materials, including waste pallets,
        crates, dunnage, manufacturing and construction wood wastes
        (other than pressure-treated, chemically-treated, or painted
        wood wastes), and landscape or right-of-way tree trimmings, but
        not including municipal solid waste (garbage), gas derived from
        the biodegradation of solid waste, or paper that is commonly
        recycled;
          (C) agriculture wastes, including orchard tree crops,
        vineyard, grain, legumes, sugar, and other crop by-products or
        residues, and livestock waste nutrients; or
          (D) a plant that is grown exclusively as a fuel for the
        production of electricity.
      (2) Renewable energy
        The term "renewable energy" means electric energy generated
      from solar, wind, biomass, landfill gas, ocean (including tidal,
      wave, current, and thermal), geothermal, municipal solid waste,
      or new hydroelectric generation capacity achieved from increased
      efficiency or additions of new capacity at an existing
      hydroelectric project.
    (c) Calculation
      For purposes of determining compliance with the requirement of
    this section, the amount of renewable energy shall be doubled if - 
        (1) the renewable energy is produced and used on-site at a
      Federal facility;
        (2) the renewable energy is produced on Federal lands and used
      at a Federal facility; or
        (3) the renewable energy is produced on Indian land as defined
      in title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et
      seq.) and used at a Federal facility.
    (d) Report
      Not later than April 15, 2007, and every 2 years thereafter, the
    Secretary shall provide a report to Congress on the progress of the
    Federal Government in meeting the goals established by this
    section.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 203, Aug. 8, 2005, 119 Stat. 652.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Energy Policy Act of 1992, referred to in subsec. (c)(3), is
    Pub. L. 102-486, Oct. 24, 1992, 106 Stat. 2776, as amended. Title
    XXVI of the Act is classified generally to chapter 37 (Sec. 3501 et
    seq.) of Title 25, Indians. For complete classification of this Act
    to the Code, see Short Title note set out under section 13201 of
    this title and Tables.

-End-



-CITE-
    42 USC Sec. 15853                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part A - General Provisions

-HEAD-
    Sec. 15853. Rebate program

-STATUTE-
    (1) Establishment
      The Secretary shall establish a program providing rebates for
    consumers for expenditures made for the installation of a renewable
    energy system in connection with a dwelling unit or small business.
    (2) Amount of rebate
      Rebates provided under the program established under paragraph
    (1) shall be in an amount not to exceed the lesser of - 
        (A) 25 percent of the expenditures described in paragraph (1)
      made by the consumer; or
        (B) $3,000.
    (3) Definition
      For purposes of this section, the term "renewable energy system"
    has the meaning given that term in section 6865(c)(6)(A) of this
    title.
    (4) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section, to remain available until expended - 
        (A) $150,000,000 for fiscal year 2006;
        (B) $150,000,000 for fiscal year 2007;
        (C) $200,000,000 for fiscal year 2008;
        (D) $250,000,000 for fiscal year 2009; and
        (E) $250,000,000 for fiscal year 2010.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 206(c), Aug. 8, 2005, 119 Stat.
    655.)

-End-



-CITE-
    42 USC Sec. 15854                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part A - General Provisions

-HEAD-
    Sec. 15854. Sugar Cane Ethanol Program

-STATUTE-
    (a) Definition of program
      In this section, the term "program" means the Sugar Cane Ethanol
    Program established by subsection (b).
    (b) Establishment
      There is established within the Environmental Protection Agency a
    program to be known as the "Sugar Cane Ethanol Program".
    (c) Project
      (1) In general
        Subject to the availability of appropriations under subsection
      (d), in carrying out the program, the Administrator of the
      Environmental Protection Agency shall establish a project that is
      - 
          (A) carried out in multiple States - 
            (i) in each of which is produced cane sugar that is
          eligible for loans under section 7272 of title 7, or a
          similar subsequent authority; and
            (ii) at the option of each such State, that have an
          incentive program that requires the use of ethanol in the
          State; and

          (B) designed to study the production of ethanol from cane
        sugar, sugarcane, and sugarcane byproducts.
      (2) Requirements
        A project described in paragraph (1) shall - 
          (A) be limited to sugar producers and the production of
        ethanol in the States of Florida, Louisiana, Texas, and Hawaii,
        divided equally among the States, to demonstrate that the
        process may be applicable to cane sugar, sugarcane, and
        sugarcane byproducts;
          (B) include information on the ways in which the scale of
        production may be replicated once the sugar cane industry has
        located sites for, and constructed, ethanol production
        facilities; and
          (C) not last more than 3 years.
    (d) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $36,000,000, to remain available until expended.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 208, Aug. 8, 2005, 119 Stat. 656.)

-End-



-CITE-
    42 USC Sec. 15855                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part A - General Provisions

-HEAD-
    Sec. 15855. Grants to improve the commercial value of forest
      biomass for electric energy, useful heat, transportation fuels,
      and other commercial purposes

-STATUTE-
    (a) Definitions
      In this section:
      (1) Biomass
        The term "biomass" means nonmerchantable materials or
      precommercial thinnings that are byproducts of preventive
      treatments, such as trees, wood, brush, thinnings, chips, and
      slash, that are removed - 
          (A) to reduce hazardous fuels;
          (B) to reduce or contain disease or insect infestation; or
          (C) to restore forest health.
      (2) Indian tribe
        The term "Indian tribe" has the meaning given the term in
      section 450b(e) of title 25.
      (3) Nonmerchantable
        For purposes of subsection (b), the term "nonmerchantable"
      means that portion of the byproducts of preventive treatments
      that would not otherwise be used for higher value products.
      (4) Person
        The term "person" includes - 
          (A) an individual;
          (B) a community (as determined by the Secretary concerned);
          (C) an Indian tribe;
          (D) a small business or a corporation that is incorporated in
        the United States; and
          (E) a nonprofit organization.
      (5) Preferred community
        The term "preferred community" means - 
          (A) any Indian tribe;
          (B) any town, township, municipality, or other similar unit
        of local government (as determined by the Secretary concerned)
        that - 
            (i) has a population of not more than 50,000 individuals;
          and
            (ii) the Secretary concerned, in the sole discretion of the
          Secretary concerned, determines contains or is located near
          Federal or Indian land, the condition of which is at
          significant risk of catastrophic wildfire, disease, or insect
          infestation or which suffers from disease or insect
          infestation; or

          (C) any county that - 
            (i) is not contained within a metropolitan statistical
          area; and
            (ii) the Secretary concerned, in the sole discretion of the
          Secretary concerned, determines contains or is located near
          Federal or Indian land, the condition of which is at
          significant risk of catastrophic wildfire, disease, or insect
          infestation or which suffers from disease or insect
          infestation.
      (6) Secretary concerned
        The term "Secretary concerned" means the Secretary of
      Agriculture or the Secretary of the Interior.
    (b) Biomass commercial use grant program
      (1) In general
        The Secretary concerned may make grants to any person in a
      preferred community that owns or operates a facility that uses
      biomass as a raw material to produce electric energy, sensible
      heat, or transportation fuels to offset the costs incurred to
      purchase biomass for use by such facility.
      (2) Grant amounts
        A grant under this subsection may not exceed $20 per green ton
      of biomass delivered.
      (3) Monitoring of grant recipient activities
        As a condition of a grant under this subsection, the grant
      recipient shall keep such records as the Secretary concerned may
      require to fully and correctly disclose the use of the grant
      funds and all transactions involved in the purchase of biomass.
      Upon notice by a representative of the Secretary concerned, the
      grant recipient shall afford the representative reasonable access
      to the facility that purchases or uses biomass and an opportunity
      to examine the inventory and records of the facility.
    (c) Improved biomass use grant program
      (1) In general
        The Secretary concerned may make grants to persons to offset
      the cost of projects to develop or research opportunities to
      improve the use of, or add value to, biomass. In making such
      grants, the Secretary concerned shall give preference to persons
      in preferred communities.
      (2) Selection
        The Secretary concerned shall select a grant recipient under
      paragraph (1) after giving consideration to - 
          (A) the anticipated public benefits of the project, including
        the potential to develop thermal or electric energy resources
        or affordable energy;
          (B) opportunities for the creation or expansion of small
        businesses and micro-businesses;
          (C) the potential for new job creation;
          (D) the potential for the project to improve efficiency or
        develop cleaner technologies for biomass utilization; and
          (E) the potential for the project to reduce the hazardous
        fuels from the areas in greatest need of treatment.
      (3) Grant amount
        A grant under this subsection may not exceed $500,000.
    (d) Authorization of appropriations
      There are authorized to be appropriated $50,000,000 for fiscal
    year 2006 and $35,000,000 for each of fiscal years 2007 through
    2016 to carry out this section.
    (e) Report
      Not later than October 1, 2010, the Secretary of Agriculture, in
    consultation with the Secretary of the Interior, shall submit to
    the Committee on Energy and Natural Resources and the Committee on
    Agriculture, Nutrition, and Forestry of the Senate, and the
    Committee on Resources, the Committee on Energy and Commerce, and
    the Committee on Agriculture of the House of Representatives, a
    report describing the results of the grant programs authorized by
    this section. The report shall include the following:
        (1) An identification of the size, type, and use of biomass by
      persons that receive grants under this section.
        (2) The distance between the land from which the biomass was
      removed and the facility that used the biomass.
        (3) The economic impacts, particularly new job creation,
      resulting from the grants to and operation of the eligible
      operations.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 210, Aug. 8, 2005, 119 Stat. 658;
    Pub. L. 109-375, Sec. 6, Dec. 1, 2006, 120 Stat. 2658.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-375 substituted "$50,000,000 for
    fiscal year 2006 and $35,000,000 for each of fiscal years 2007
    through 2016" for "$50,000,000 for each of the fiscal years 2006
    through 2016".

-End-


-CITE-
    42 USC Part B - Geothermal Energy                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part B - Geothermal Energy

-HEAD-
                        PART B - GEOTHERMAL ENERGY                    

-End-



-CITE-
    42 USC Sec. 15871                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part B - Geothermal Energy

-HEAD-
    Sec. 15871. Coordination of geothermal leasing and permitting on
      Federal lands

-STATUTE-
    (a) In general
      Not later than 180 days after August 8, 2005, the Secretary of
    the Interior and the Secretary of Agriculture shall enter into and
    submit to Congress a memorandum of understanding in accordance with
    this section, the Geothermal Steam Act of 1970 (as amended by this
    Act) [30 U.S.C. 1001 et seq.], and other applicable laws, regarding
    coordination of leasing and permitting for geothermal development
    of public lands and National Forest System lands under their
    respective jurisdictions.
    (b) Lease and permit applications
      The memorandum of understanding shall - 
        (1) establish an administrative procedure for processing
      geothermal lease applications, including lines of authority,
      steps in application processing, and time limits for application
      procession;
        (2) establish a 5-year program for geothermal leasing of lands
      in the National Forest System, and a process for updating that
      program every 5 years; and
        (3) establish a program for reducing the backlog of geothermal
      lease application pending on January 1, 2005, by 90 percent
      within the 5-year period beginning on August 8, 2005, including,
      as necessary, by issuing leases, rejecting lease applications for
      failure to comply with the provisions of the regulations under
      which they were filed, or determining that an original applicant
      (or the applicant's assigns, heirs, or estate) is no longer
      interested in pursuing the lease application.
    (c) Data retrieval system
      The memorandum of understanding shall establish a joint data
    retrieval system that is capable of tracking lease and permit
    applications and providing to the applicant information as to their
    status within the Departments of the Interior and Agriculture,
    including an estimate of the time required for administrative
    action.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 225, Aug. 8, 2005, 119 Stat. 665.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Geothermal Steam Act of 1970, referred to in subsec. (a), is
    Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which is
    classified principally to chapter 23 (Sec. 1001 et seq.) of Title
    30, Mineral Lands and Mining. For complete classification of this
    Act to the Code, see Short Title note set out under section 1001 of
    Title 30 and Tables.
      This Act, referred to in subsec. (a), is Pub. L. 109-58, Aug. 8,
    2005, 119 Stat. 594, as amended, known as the Energy Policy Act of
    2005, which enacted this chapter and enacted, amended, and repealed
    numerous other sections and notes in the Code. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 15872                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part B - Geothermal Energy

-HEAD-
    Sec. 15872. Assessment of geothermal energy potential

-STATUTE-
      Not later than 3 years after August 8, 2005, and thereafter as
    the availability of data and developments in technology warrants,
    the Secretary of the Interior, acting through the Director of the
    United States Geological Survey and in cooperation with the States,
    shall - 
        (1) update the Assessment of Geothermal Resources made during
      1978; and
        (2) submit to Congress the updated assessment.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 226, Aug. 8, 2005, 119 Stat. 665.)

-End-



-CITE-
    42 USC Sec. 15873                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part B - Geothermal Energy

-HEAD-
    Sec. 15873. Deposit and use of geothermal lease revenues for 5
      fiscal years

-STATUTE-
    (a) Deposit of geothermal resources leases
      Notwithstanding any other provision of law, amounts received by
    the United States in the first 5 fiscal years beginning after
    August 8, 2005, as rentals, royalties, and other payments required
    under leases under the Geothermal Steam Act of 1970 [30 U.S.C. 1001
    et seq.], excluding funds required to be paid to State and county
    governments, shall be deposited into a separate account in the
    Treasury.
    (b) Use of deposits
      Amounts deposited under subsection (a) shall be available to the
    Secretary of the Interior for expenditure, without further
    appropriation and without fiscal year limitation, to implement the
    Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.] and this Act.
    (c) Transfer of funds
      For the purposes of coordination and processing of geothermal
    leases and geothermal use authorizations on Federal land the
    Secretary of the Interior may authorize the expenditure or transfer
    of such funds as are necessary to the Forest Service.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 234, Aug. 8, 2005, 119 Stat. 671.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Geothermal Steam Act of 1970, referred to in subsecs. (a) and
    (b), is Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended,
    which is classified principally to chapter 23 (Sec. 1001 et seq.)
    of Title 30, Mineral Lands and Mining. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1001 of Title 30 and Tables.
      This Act, referred to in subsec. (b), is Pub. L. 109-58, Aug. 8,
    2005, 119 Stat. 594, as amended, known as the Energy Policy Act of
    2005, which enacted this chapter and enacted, amended, and repealed
    numerous other sections and notes in the Code. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 15874                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part B - Geothermal Energy

-HEAD-
    Sec. 15874. Intermountain West Geothermal Consortium

-STATUTE-
    (a) Participation authorized
      The Secretary, acting through the Idaho National Laboratory, may
    participate in a consortium described in subsection (b) to address
    science and science policy issues surrounding the expanded
    discovery and use of geothermal energy, including from geothermal
    resources on public lands.
    (b) Members
      The consortium referred to in subsection (a) shall - 
        (1) be known as the "Intermountain West Geothermal Consortium";
        (2) be a regional consortium of institutions and government
      agencies that focuses on building collaborative efforts among the
      universities in the State of Idaho, other regional universities,
      State agencies, and the Idaho National Laboratory;
        (3) include Boise State University, the University of Idaho
      (including the Idaho Water Resources Research Institute), the
      Oregon Institute of Technology, the Desert Research Institute
      with the University and Community College System of Nevada, and
      the Energy and Geoscience Institute at the University of Utah;
        (4) be hosted and managed by Boise State University; and
        (5) have a director appointed by Boise State University, and
      associate directors appointed by each participating institution.
    (c) Financial assistance
      The Secretary, acting through the Idaho National Laboratory and
    subject to the availability of appropriations, will provide
    financial assistance to Boise State University for expenditure
    under contracts with members of the consortium to carry out the
    activities of the consortium.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 237, Aug. 8, 2005, 119 Stat. 673.)

-End-


-CITE-
    42 USC Part C - Hydroelectric                               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part C - Hydroelectric

-HEAD-
                          PART C - HYDROELECTRIC                      

-End-



-CITE-
    42 USC Sec. 15881                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part C - Hydroelectric

-HEAD-
    Sec. 15881. Hydroelectric production incentives

-STATUTE-
    (a) Incentive payments
      For electric energy generated and sold by a qualified
    hydroelectric facility during the incentive period, the Secretary
    shall make, subject to the availability of appropriations,
    incentive payments to the owner or operator of such facility. The
    amount of such payment made to any such owner or operator shall be
    as determined under subsection (e) of this section. Payments under
    this section may only be made upon receipt by the Secretary of an
    incentive payment application which establishes that the applicant
    is eligible to receive such payment and which satisfies such other
    requirements as the Secretary deems necessary. Such application
    shall be in such form, and shall be submitted at such time, as the
    Secretary shall establish.
    (b) Definitions
      For purposes of this section:
      (1) Qualified hydroelectric facility
        The term "qualified hydroelectric facility" means a turbine or
      other generating device owned or solely operated by a non-Federal
      entity which generates hydroelectric energy for sale and which is
      added to an existing dam or conduit.
      (2) Existing dam or conduit
        The term "existing dam or conduit" means any dam or conduit the
      construction of which was completed before August 8, 2005, and
      which does not require any construction or enlargement of
      impoundment or diversion structures (other than repair or
      reconstruction) in connection with the installation of a turbine
      or other generating device.
      (3) Conduit
        The term "conduit" has the same meaning as when used in section
      823a(a)(2) of title 16.

    The terms defined in this subsection shall apply without regard to
    the hydroelectric kilowatt capacity of the facility concerned,
    without regard to whether the facility uses a dam owned by a
    governmental or nongovernmental entity, and without regard to
    whether the facility begins operation on or after August 8, 2005.
    (c) Eligibility window
      Payments may be made under this section only for electric energy
    generated from a qualified hydroelectric facility which begins
    operation during the period of 10 fiscal years beginning with the
    first full fiscal year occurring after August 8, 2005.
    (d) Incentive period
      A qualified hydroelectric facility may receive payments under
    this section for a period of 10 fiscal years (referred to in this
    section as the "incentive period"). Such period shall begin with
    the fiscal year in which electric energy generated from the
    facility is first eligible for such payments.
    (e) Amount of payment
      (1) In general
        Payments made by the Secretary under this section to the owner
      or operator of a qualified hydroelectric facility shall be based
      on the number of kilowatt hours of hydroelectric energy generated
      by the facility during the incentive period. For any such
      facility, the amount of such payment shall be 1.8 cents per
      kilowatt hour (adjusted as provided in paragraph (2)), subject to
      the availability of appropriations under subsection (g), except
      that no facility may receive more than $750,000 in 1 calendar
      year.
      (2) Adjustments
        The amount of the payment made to any person under this section
      as provided in paragraph (1) shall be adjusted for inflation for
      each fiscal year beginning after calendar year 2005 in the same
      manner as provided in the provisions of section 29(d)(2)(B) (!1)
      of title 26, except that in applying such provisions the calendar
      year 2005 shall be substituted for calendar year 1979.

    (f) Sunset
      No payment may be made under this section to any qualified
    hydroelectric facility after the expiration of the period of 20
    fiscal years beginning with the first full fiscal year occurring
    after August 8, 2005, and no payment may be made under this section
    to any such facility after a payment has been made with respect to
    such facility for a period of 10 fiscal years.
    (g) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out the purposes of this section $10,000,000 for each of the fiscal
    years 2006 through 2015.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 242, Aug. 8, 2005, 119 Stat. 677.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 29 of title 26, referred to in subsec. (e)(2), was
    renumbered section 45K of title 26 by Pub. L. 109-58, title XIII,
    Sec. 1322(a)(1), Aug. 8, 2005, 119 Stat. 1011.

-FOOTNOTE-
    (!1) See Reference in Text note below.


-End-



-CITE-
    42 USC Sec. 15882                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part C - Hydroelectric

-HEAD-
    Sec. 15882. Hydroelectric efficiency improvement

-STATUTE-
    (a) Incentive payments
      The Secretary shall make incentive payments to the owners or
    operators of hydroelectric facilities at existing dams to be used
    to make capital improvements in the facilities that are directly
    related to improving the efficiency of such facilities by at least
    3 percent.
    (b) Limitations
      Incentive payments under this section shall not exceed 10 percent
    of the costs of the capital improvement concerned and not more than
    1 payment may be made with respect to improvements at a single
    facility. No payment in excess of $750,000 may be made with respect
    to improvements at a single facility.
    (c) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    not more than $10,000,000 for each of the fiscal years 2006 through
    2015.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 243, Aug. 8, 2005, 119 Stat. 678.)

-End-


-CITE-
    42 USC Part D - Insular Energy                              01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part D - Insular Energy

-HEAD-
                          PART D - INSULAR ENERGY                      

-End-



-CITE-
    42 USC Sec. 15891                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER II - RENEWABLE ENERGY
    Part D - Insular Energy

-HEAD-
    Sec. 15891. Projects enhancing insular energy independence

-STATUTE-
    (a) Project feasibility studies
      (1) In general
        On a request described in paragraph (2), the Secretary shall
      conduct a feasibility study of a project to implement a strategy
      or project identified in the plans submitted to Congress pursuant
      to section 1492 of title 48 as having the potential to - 
          (A) significantly reduce the dependence of an insular area on
        imported fossil fuels; or
          (B) provide needed distributed generation to an insular area.
      (2) Request
        The Secretary shall conduct a feasibility study under paragraph
      (1) on - 
          (A) the request of an electric utility located in an insular
        area that commits to fund at least 10 percent of the cost of
        the study; and
          (B) if the electric utility is located in the Federated
        States of Micronesia, the Republic of the Marshall Islands, or
        the Republic of Palau, written support for that request by the
        President or the Ambassador of the affected freely associated
        state.
      (3) Consultation
        The Secretary shall consult with regional utility organizations
      in - 
          (A) conducting feasibility studies under paragraph (1); and
          (B) determining the feasibility of potential projects.
      (4) Feasibility
        For the purpose of a feasibility study under paragraph (1), a
      project shall be determined to be feasible if the project would
      significantly reduce the dependence of an insular area on
      imported fossil fuels, or provide needed distributed generation
      to an insular area, at a reasonable cost.
    (b) Implementation
      (1) In general
        On a determination by the Secretary (in consultation with the
      Secretary of the Interior) that a project is feasible under
      subsection (a) and a commitment by an electric utility to operate
      and maintain the project, the Secretary may provide such
      technical and financial assistance as the Secretary determines is
      appropriate for the implementation of the project.
      (2) Regional utility organizations
        In providing assistance under paragraph (1), the Secretary
      shall consider providing the assistance through regional utility
      organizations.
    (c) Authorization of appropriations
      (1) In general
        There are authorized to be appropriated to the Secretary - 
          (A) $500,000 for each fiscal year for project feasibility
        studies under subsection (a); and
          (B) $4,000,000 for each fiscal year for project
        implementation under subsection (b).
      (2) Limitation of funds received by insular areas
        No insular area may receive, during any 3-year period, more
      than 20 percent of the total funds made available during that 3-
      year period under subparagraphs (A) and (B) of paragraph (1)
      unless the Secretary determines that providing funding in excess
      of that percentage best advances existing opportunities to meet
      the objectives of this section.

-SOURCE-
    (Pub. L. 109-58, title II, Sec. 252, Aug. 8, 2005, 119 Stat. 682.)

-End-


-CITE-
    42 USC SUBCHAPTER III - OIL AND GAS                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS

-HEAD-
                       SUBCHAPTER III - OIL AND GAS                   

-End-


-CITE-
    42 USC Part A - Production Incentives                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
                      PART A - PRODUCTION INCENTIVES                  

-End-



-CITE-
    42 USC Sec. 15901                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15901. Definition of Secretary

-STATUTE-
      In this part, the term "Secretary" means the Secretary of the
    Interior.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 341, Aug. 8, 2005, 119 Stat. 697.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle E (Secs. 341-357) of title III of Pub.
    L. 109-58, Aug. 8, 2005, 119 Stat. 697, which enacted this part,
    amended sections 6504, 6506a, 6507, and 6508 of this title,
    sections 184 and 226 of Title 30, Mineral Lands and Mining, and
    section 1337 of Title 43, Public Lands, and enacted provisions set
    out as a note under section 226 of Title 30. For complete
    classification of subtitle E to the Code, see Tables.

-End-



-CITE-
    42 USC Sec. 15902                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15902. Program on oil and gas royalties in-kind

-STATUTE-
    (a) Applicability of section
      Notwithstanding any other provision of law, this section applies
    to all royalty in-kind accepted by the Secretary on or after August
    8, 2005, under any Federal oil or gas lease or permit under - 
        (1) section 192 of title 30;
        (2) section 1353 of title 43; or
        (3) any other Federal law governing leasing of Federal land for
      oil and gas development.
    (b) Terms and conditions
      All royalty accruing to the United States shall, on the demand of
    the Secretary, be paid in-kind. If the Secretary makes such a
    demand, the following provisions apply to the payment:
      (1) Satisfaction of royalty obligation
        Delivery by, or on behalf of, the lessee of the royalty amount
      and quality due under the lease satisfies royalty obligation of
      the lessee for the amount delivered, except that transportation
      and processing reimbursements paid to, or deductions claimed by,
      the lessee shall be subject to review and audit.
      (2) Marketable condition
        (A) Definition of marketable condition
          In this paragraph, the term "in marketable condition" means
        sufficiently free from impurities and otherwise in a condition
        that the royalty production will be accepted by a purchaser
        under a sales contract typical of the field or area in which
        the royalty production was produced.
        (B) Requirement
          Royalty production shall be placed in marketable condition by
        the lessee at no cost to the United States.
      (3) Disposition by the Secretary
        The Secretary may - 
          (A) sell or otherwise dispose of any royalty production taken
        in-kind (other than oil or gas transferred under section
        1353(a)(3) of title 43 (!1) for not less than the market price;
        and

          (B) transport or process (or both) any royalty production
        taken in-kind.
      (4) Retention by the Secretary
        The Secretary may, notwithstanding section 3302 of title 31,
      retain and use a portion of the revenues from the sale of oil and
      gas taken in-kind that otherwise would be deposited to
      miscellaneous receipts, without regard to fiscal year limitation,
      or may use oil or gas received as royalty taken in-kind (referred
      to in this paragraph as "royalty production") to pay the cost of -
       
          (A) transporting the royalty production;
          (B) processing the royalty production;
          (C) disposing of the royalty production; or
          (D) any combination of transporting, processing, and
        disposing of the royalty production.
      (5) Limitation
        (A) In general
          Except as provided in subparagraph (B), the Secretary may not
        use revenues from the sale of oil and gas taken in-kind to pay
        for personnel, travel, or other administrative costs of the
        Federal Government.
        (B) Exception
          Notwithstanding subparagraph (A), the Secretary may use a
        portion of the revenues from royalty in-kind sales, without
        fiscal year limitation, to pay salaries and other
        administrative costs directly related to the royalty in-kind
        program.
    (c) Reimbursement of cost
      If the lessee, pursuant to an agreement with the United States or
    as provided in the lease, processes the royalty gas or delivers the
    royalty oil or gas at a point not on or adjacent to the lease area,
    the Secretary shall - 
        (1) reimburse the lessee for the reasonable costs of
      transportation (not including gathering) from the lease to the
      point of delivery or for processing costs; or
        (2) allow the lessee to deduct the transportation or processing
      costs in reporting and paying royalties in-value for other
      Federal oil and gas leases.
    (d) Benefit to the United States required
      The Secretary may receive oil or gas royalties in-kind only if
    the Secretary determines that receiving royalties in-kind provides
    benefits to the United States that are greater than or equal to the
    benefits that are likely to have been received had royalties been
    taken in-value.
    (e) Reports
      (1) In general
        Not later than September 30, 2006, the Secretary shall submit
      to Congress a report that addresses - 
          (A) actions taken to develop business processes and automated
        systems to fully support the royalty-in-kind capability to be
        used in tandem with the royalty-in-value approach in managing
        Federal oil and gas revenue; and
          (B) future royalty-in-kind businesses operation plans and
        objectives.
      (2) Reports on oil or gas royalties taken in-kind
        For each of fiscal years 2006 through 2015 in which the United
      States takes oil or gas royalties in-kind from production in any
      State or from the outer Continental Shelf, excluding royalties
      taken in-kind and sold to refineries under subsection (h), the
      Secretary shall submit to Congress a report that describes - 
          (A) the 1 or more methodologies used by the Secretary to
        determine compliance with subsection (d), including the
        performance standard for comparing amounts received by the
        United States derived from royalties in-kind to amounts likely
        to have been received had royalties been taken in-value;
          (B) an explanation of the evaluation that led the Secretary
        to take royalties in-kind from a lease or group of leases,
        including the expected revenue effect of taking royalties in-
        kind;
          (C) actual amounts received by the United States derived from
        taking royalties in-kind and costs and savings incurred by the
        United States associated with taking royalties in-kind,
        including administrative savings and any new or increased
        administrative costs; and
          (D) an evaluation of other relevant public benefits or
        detriments associated with taking royalties in-kind.
    (f) Deduction of expenses
      (1) In general
        Before making payments under section 191 of title 30 or section
      1337(g) of title 43 of revenues derived from the sale of royalty
      production taken in-kind from a lease, the Secretary shall deduct
      amounts paid or deducted under subsections (b)(4) and (c) and
      deposit the amount of the deductions in the miscellaneous
      receipts of the Treasury.
      (2) Accounting for deductions
        When the Secretary allows the lessee to deduct transportation
      or processing costs under subsection (c), the Secretary may not
      reduce any payments to recipients of revenues derived from any
      other Federal oil and gas lease as a consequence of that
      deduction.
    (g) Consultation with States
      The Secretary - 
        (1) shall consult with a State before conducting a royalty in-
      kind program under this part within the State;
        (2) may delegate management of any portion of the Federal
      royalty in-kind program to the State except as otherwise
      prohibited by Federal law; and
        (3) shall consult annually with any State from which Federal
      oil or gas royalty is being taken in-kind to ensure, to the
      maximum extent practicable, that the royalty in-kind program
      provides revenues to the State greater than or equal to the
      revenues likely to have been received had royalties been taken in-
      value.
    (h) Small refineries
      (1) Preference
        If the Secretary finds that sufficient supplies of crude oil
      are not available in the open market to refineries that do not
      have their own source of supply for crude oil, the Secretary may
      grant preference to those refineries in the sale of any royalty
      oil accruing or reserved to the United States under Federal oil
      and gas leases issued under any mineral leasing law, for
      processing or use in those refineries at private sale at not less
      than the market price.
      (2) Proration among refineries in production area
        In disposing of oil under this subsection, the Secretary may,
      at the discretion of the Secretary, prorate the oil among
      refineries described in paragraph (1) in the area in which the
      oil is produced.
    (i) Disposition to Federal agencies
      (1) Onshore royalty
        Any royalty oil or gas taken by the Secretary in-kind from
      onshore oil and gas leases may be sold at not less than the
      market price to any Federal agency.
      (2) Offshore royalty
        Any royalty oil or gas taken in-kind from a Federal oil or gas
      lease on the outer Continental Shelf may be disposed of only
      under section 1353 of title 43.
    (j) Federal low-income energy assistance programs
      (1) Preference
        In disposing of royalty oil or gas taken in-kind under this
      section, the Secretary may grant a preference to any person,
      including any Federal or State agency, for the purpose of
      providing additional resources to any Federal low-income energy
      assistance program.
      (2) Report
        Not later than 3 years after August 8, 2005, the Secretary
      shall submit a report to Congress - 
          (A) assessing the effectiveness of granting preferences
        specified in paragraph (1); and
          (B) providing a specific recommendation on the continuation
        of authority to grant preferences.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 342, Aug. 8, 2005, 119 Stat. 697.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (g)(1), was in the original
    "this subtitle", meaning subtitle E (Secs. 341-357) of title III of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 697, which enacted this
    part, amended sections 6504, 6506a, 6507, and 6508 of this title,
    sections 184 and 226 of Title 30, Mineral Lands and Mining, and
    section 1337 of Title 43, Public Lands, and enacted provisions set
    out as a note under section 226 of Title 30. For complete
    classification of subtitle E to the Code, see Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.


-End-



-CITE-
    42 USC Sec. 15903                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15903. Marginal property production incentives

-STATUTE-
    (a) Definition of marginal property
      Until such time as the Secretary issues regulations under
    subsection (e) that prescribe a different definition, in this
    section, the term "marginal property" means an onshore unit,
    communitization agreement, or lease not within a unit or
    communitization agreement, that produces on average the combined
    equivalent of less than 15 barrels of oil per well per day or
    90,000,000 British thermal units of gas per well per day calculated
    based on the average over the 3 most recent production months,
    including only wells that produce on more than half of the days
    during those 3 production months.
    (b) Conditions for reduction of royalty rate
      Until such time as the Secretary issues regulations under
    subsection (e) that prescribe different standards or requirements,
    the Secretary shall reduce the royalty rate on - 
        (1) oil production from marginal properties as prescribed in
      subsection (c) if the spot price of West Texas Intermediate crude
      oil at Cushing, Oklahoma, is, on average, less than $15 per
      barrel (adjusted in accordance with the Consumer Price Index for
      all-urban consumers, United States city average, as published by
      the Bureau of Labor Statistics) for 90 consecutive trading days;
      and
        (2) gas production from marginal properties as prescribed in
      subsection (c) if the spot price of natural gas delivered at
      Henry Hub, Louisiana, is, on average, less than $2.00 per million
      British thermal units (adjusted in accordance with the Consumer
      Price Index for all-urban consumers, United States city average,
      as published by the Bureau of Labor Statistics) for 90
      consecutive trading days.
    (c) Reduced royalty rate
      (1) In general
        When a marginal property meets the conditions specified in
      subsection (b), the royalty rate shall be the lesser of - 
          (A) 5 percent; or
          (B) the applicable rate under any other statutory or
        regulatory royalty relief provision that applies to the
        affected production.
      (2) Period of effectiveness
        The reduced royalty rate under this subsection shall be
      effective beginning on the first day of the production month
      following the date on which the applicable condition specified in
      subsection (b) is met.
    (d) Termination of reduced royalty rate
      A royalty rate prescribed in subsection (c)(1) shall terminate - 
        (1) with respect to oil production from a marginal property, on
      the first day of the production month following the date on which
      - 
          (A) the spot price of West Texas Intermediate crude oil at
        Cushing, Oklahoma, on average, exceeds $15 per barrel (adjusted
        in accordance with the Consumer Price Index for all-urban
        consumers, United States city average, as published by the
        Bureau of Labor Statistics) for 90 consecutive trading days; or
          (B) the property no longer qualifies as a marginal property;
        and

        (2) with respect to gas production from a marginal property, on
      the first day of the production month following the date on which
      - 
          (A) the spot price of natural gas delivered at Henry Hub,
        Louisiana, on average, exceeds $2.00 per million British
        thermal units (adjusted in accordance with the Consumer Price
        Index for all-urban consumers, United States city average, as
        published by the Bureau of Labor Statistics) for 90 consecutive
        trading days; or
          (B) the property no longer qualifies as a marginal property.
    (e) Regulations prescribing different relief
      (1) Discretionary regulations
        The Secretary may by regulation prescribe different parameters,
      standards, and requirements for, and a different degree or extent
      of, royalty relief for marginal properties in lieu of those
      prescribed in subsections (a) through (d).
      (2) Mandatory regulations
        Unless a determination is made under paragraph (3), not later
      than 18 months after August 8, 2005, the Secretary shall by
      regulation - 
          (A) prescribe standards and requirements for, and the extent
        of royalty relief for, marginal properties for oil and gas
        leases on the outer Continental Shelf; and
          (B) define what constitutes a marginal property on the outer
        Continental Shelf for purposes of this section.
      (3) Report
        To the extent the Secretary determines that it is not
      practicable to issue the regulations referred to in paragraph
      (2), the Secretary shall provide a report to Congress explaining
      such determination by not later than 18 months after August 8,
      2005.
      (4) Considerations
        In issuing regulations under this subsection, the Secretary may
      consider - 
          (A) oil and gas prices and market trends;
          (B) production costs;
          (C) abandonment costs;
          (D) Federal and State tax provisions and the effects of those
        provisions on production economics;
          (E) other royalty relief programs;
          (F) regional differences in average wellhead prices;
          (G) national energy security issues; and
          (H) other relevant matters, as determined by the Secretary.
    (f) Savings provision
      Nothing in this section prevents a lessee from receiving royalty
    relief or a royalty reduction pursuant to any other law (including
    a regulation) that provides more relief than the amounts provided
    by this section.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 343, Aug. 8, 2005, 119 Stat. 700.)

-End-



-CITE-
    42 USC Sec. 15904                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15904. Incentives for natural gas production from deep wells
      in the shallow waters of the Gulf of Mexico

-STATUTE-
    (a) Royalty incentive regulations for ultra deep gas wells
      (1) In general
        Not later than 180 days after August 8, 2005, in addition to
      any other regulations that may provide royalty incentives for
      natural gas produced from deep wells on oil and gas leases issued
      pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331
      et seq.), the Secretary shall issue regulations granting royalty
      relief suspension volumes of not less than 35 billion cubic feet
      with respect to the production of natural gas from ultra deep
      wells on leases issued in shallow waters less than 400 meters
      deep located in the Gulf of Mexico wholly west of 87 degrees, 30
      minutes west longitude. Regulations issued under this subsection
      shall be retroactive to the date that the notice of proposed
      rulemaking is published in the Federal Register.
      (2) Suspension volumes
        The Secretary may grant suspension volumes of not less than 35
      billion cubic feet in any case in which - 
          (A) the ultra deep well is a sidetrack; or
          (B) the lease has previously produced from wells with a
        perforated interval the top of which is at least 15,000 feet
        true vertical depth below the datum at mean sea level.
      (3) Definitions
        In this subsection:
        (A) Ultra deep well
          The term "ultra deep well" means a well drilled with a
        perforated interval, the top of which is at least 20,000 true
        vertical depth below the datum at mean sea level.
        (B) Sidetrack
          (i) In general
            The term "sidetrack" means a well resulting from drilling
          an additional hole to a new objective bottom-hole location by
          leaving a previously drilled hole.
          (ii) Inclusion
            The term "sidetrack" includes - 
              (I) drilling a well from a platform slot reclaimed from a
            previously drilled well;
              (II) re-entering and deepening a previously drilled well;
            and
              (III) a bypass from a sidetrack, including drilling
            around material blocking a hole or drilling to straighten a
            crooked hole.
    (b) Royalty incentive regulations for deep gas wells
      Not later than 180 days after August 8, 2005, in addition to any
    other regulations that may provide royalty incentives for natural
    gas produced from deep wells on oil and gas leases issued pursuant
    to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
    the Secretary shall issue regulations granting royalty relief
    suspension volumes with respect to production of natural gas from
    deep wells on leases issued in waters more than 200 meters but less
    than 400 meters deep located in the Gulf of Mexico wholly west of
    87 degrees, 30 minutes west longitude. The suspension volumes for
    deep wells within 200 to 400 meters of water depth shall be
    calculated using the same methodology used to calculate the
    suspension volumes for deep wells in the shallower waters of the
    Gulf of Mexico, and in no case shall the suspension volumes for
    deep wells within 200 to 400 meters of water depth be lower than
    those for deep wells in shallower waters. Regulations issued under
    this subsection shall be retroactive to the date that the notice of
    proposed rulemaking is published in the Federal Register.
    (c) Limitations
      The Secretary may place limitations on the royalty relief granted
    under this section based on market price. The royalty relief
    granted under this section shall not apply to a lease for which
    deep water royalty relief is available.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 344, Aug. 8, 2005, 119 Stat. 702.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Outer Continental Shelf Lands Act, referred to in subsecs.
    (a)(1) and (b), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
    amended, which is classified generally to subchapter III (Sec. 1331
    et seq.) of chapter 29 of Title 43, Public Lands. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1331 of Title 43 and Tables.

-End-



-CITE-
    42 USC Sec. 15905                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15905. Royalty relief for deep water production

-STATUTE-
    (a) In general
      Subject to subsections (b) and (c), for each tract located in
    water depths of greater than 400 meters in the Western and Central
    Planning Area of the Gulf of Mexico (including the portion of the
    Eastern Planning Area of the Gulf of Mexico encompassing whole
    lease blocks lying west of 87 degrees, 30 minutes West longitude),
    any oil or gas lease sale under the Outer Continental Shelf Lands
    Act (43 U.S.C. 1331 et seq.) occurring during the 5-year period
    beginning on August 8, 2005, shall use the bidding system
    authorized under section 8(a)(1)(H) of the Outer Continental Shelf
    Lands Act (43 U.S.C. 1337(a)(1)(H)).
    (b) Suspension of royalties
      The suspension of royalties under subsection (a) shall be
    established at a volume of not less than - 
        (1) 5,000,000 barrels of oil equivalent for each lease in water
      depths of 400 to 800 meters;
        (2) 9,000,000 barrels of oil equivalent for each lease in water
      depths of 800 to 1,600 meters;
        (3) 12,000,000 barrels of oil equivalent for each lease in
      water depths of 1,600 to 2,000 meters; and
        (4) 16,000,000 barrels of oil equivalent for each lease in
      water depths greater than 2,000 meters.
    (c) Limitation
      The Secretary may place limitations on royalty relief granted
    under this section based on market price.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 345, Aug. 8, 2005, 119 Stat. 703.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Outer Continental Shelf Lands Act, referred to in subsec.
    (a), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which
    is classified generally to subchapter III (Sec. 1331 et seq.) of
    chapter 29 of Title 43, Public Lands. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1331 of Title 43 and Tables.

-End-



-CITE-
    42 USC Sec. 15906                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15906. North Slope Science Initiative

-STATUTE-
    (a) Establishment
      (1) In general
        The Secretary of the Interior shall establish a long-term
      initiative to be known as the "North Slope Science Initiative"
      (referred to in this section as the "Initiative").
      (2) Purpose
        The purpose of the Initiative shall be to implement efforts to
      coordinate collection of scientific data that will provide a
      better understanding of the terrestrial, aquatic, and marine
      ecosystems of the North Slope of Alaska.
    (b) Objectives
      To ensure that the Initiative is conducted through a
    comprehensive science strategy and implementation plan, the
    Initiative shall, at a minimum - 
        (1) identify and prioritize information needs for inventory,
      monitoring, and research activities to address the individual and
      cumulative effects of past, ongoing, and anticipated development
      activities and environmental change on the North Slope;
        (2) develop an understanding of information needs for
      regulatory and land management agencies, local governments, and
      the public;
        (3) focus on prioritization of pressing natural resource
      management and ecosystem information needs, coordination, and
      cooperation among agencies and organizations;
        (4) coordinate ongoing and future inventory, monitoring, and
      research activities to minimize duplication of effort, share
      financial resources and expertise, and assure the collection of
      quality information;
        (5) identify priority needs not addressed by agency science
      programs in effect on August 8, 2005, and develop a funding
      strategy to meet those needs;
        (6) provide a consistent approach to high caliber science,
      including inventory, monitoring, and research;
        (7) maintain and improve public and agency access to - 
          (A) accumulated and ongoing research; and
          (B) contemporary and traditional local knowledge; and

        (8) ensure through appropriate peer review that the science
      conducted by participating agencies and organizations is of the
      highest technical quality.
    (c) Membership
      (1) In general
        To ensure comprehensive collection of scientific data, in
      carrying out the Initiative, the Secretary shall consult and
      coordinate with Federal, State, and local agencies that have
      responsibilities for land and resource management across the
      North Slope.
      (2) Cooperative agreements
        The Secretary shall enter into cooperative agreements with the
      State of Alaska, the North Slope Borough, the Arctic Slope
      Regional Corporation, and other Federal agencies as appropriate
      to coordinate efforts, share resources, and fund projects under
      this section.
    (d) Science technical advisory panel
      (1) In general
        The Initiative shall include a panel to provide advice on
      proposed inventory, monitoring, and research functions.
      (2) Membership
        The panel described in paragraph (1) shall consist of a
      representative group of not more than 15 scientists and technical
      experts from diverse professions and interests, including the oil
      and gas industry, subsistence users, Native Alaskan entities,
      conservation organizations, wildlife management organizations,
      and academia, as determined by the Secretary.
    (e) Reports
      Not later than 3 years after August 8, 2005, and each year
    thereafter, the Secretary shall publish a report that describes the
    studies and findings of the Initiative.
    (f) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 348, Aug. 8, 2005, 119 Stat. 708.)

-End-



-CITE-
    42 USC Sec. 15907                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15907. Orphaned, abandoned, or idled wells on Federal land

-STATUTE-
    (a) In general
      The Secretary, in cooperation with the Secretary of Agriculture,
    shall establish a program not later than 1 year after August 8,
    2005, to remediate, reclaim, and close orphaned, abandoned, or
    idled oil and gas wells located on land administered by the land
    management agencies within the Department of the Interior and the
    Department of Agriculture.
    (b) Activities
      The program under subsection (a) shall - 
        (1) include a means of ranking orphaned, abandoned, or idled
      wells sites for priority in remediation, reclamation, and
      closure, based on public health and safety, potential
      environmental harm, and other land use priorities;
        (2) provide for identification and recovery of the costs of
      remediation, reclamation, and closure from persons or other
      entities currently providing a bond or other financial assurance
      required under State or Federal law for an oil or gas well that
      is orphaned, abandoned, or idled; and
        (3) provide for recovery from the persons or entities
      identified under paragraph (2), or their sureties or guarantors,
      of the costs of remediation, reclamation, and closure of such
      wells.
    (c) Cooperation and consultations
      In carrying out the program under subsection (a), the Secretary
    shall - 
        (1) work cooperatively with the Secretary of Agriculture and
      the States within which Federal land is located; and
        (2) consult with the Secretary of Energy and the Interstate Oil
      and Gas Compact Commission.
    (d) Plan
      Not later than 1 year after August 8, 2005, the Secretary, in
    cooperation with the Secretary of Agriculture, shall submit to
    Congress a plan for carrying out the program under subsection (a).
    (e) Idled well
      For the purposes of this section, a well is idled if - 
        (1) the well has been nonoperational for at least 7 years; and
        (2) there is no anticipated beneficial use for the well.
    (f) Federal reimbursement for orphaned well reclamation pilot
      program
      (1) Reimbursement for remediating, reclaiming, and closing wells
        on land subject to a new lease
        The Secretary shall carry out a pilot program under which, in
      issuing a new oil and gas lease on federally owned land on which
      1 or more orphaned wells are located, the Secretary - 
          (A) may require, other than as a condition of the lease, that
        the lessee remediate, reclaim, and close in accordance with
        standards established by the Secretary, all orphaned wells on
        the land leased; and
          (B) shall develop a program to reimburse a lessee, through a
        royalty credit against the Federal share of royalties owed or
        other means, for the reasonable actual costs of remediating,
        reclaiming, and closing the orphaned wells pursuant to that
        requirement.
      (2) Reimbursement for reclaiming orphaned wells on other land
        In carrying out this subsection, the Secretary - 
          (A) may authorize any lessee under an oil and gas lease on
        federally owned land to reclaim in accordance with the
        Secretary's standards - 
            (i) an orphaned well on unleased federally owned land; or
            (ii) an orphaned well located on an existing lease on
          federally owned land for the reclamation of which the lessee
          is not legally responsible; and

          (B) shall develop a program to provide reimbursement of 100
        percent of the reasonable actual costs of remediating,
        reclaiming, and closing the orphaned well, through credits
        against the Federal share of royalties or other means.
      (3) Regulations
        The Secretary may issue such regulations as are appropriate to
      carry out this subsection.
    (g) Technical assistance program for non-Federal land
      (1) In general
        The Secretary of Energy shall establish a program to provide
      technical and financial assistance to oil and gas producing
      States to facilitate State efforts over a 10-year period to
      ensure a practical and economical remedy for environmental
      problems caused by orphaned or abandoned oil and gas exploration
      or production well sites on State or private land.
      (2) Assistance
        The Secretary of Energy shall work with the States, through the
      Interstate Oil and Gas Compact Commission, to assist the States
      in quantifying and mitigating environmental risks of onshore
      orphaned or abandoned oil or gas wells on State and private land.
      (3) Activities
        The program under paragraph (1) shall include - 
          (A) mechanisms to facilitate identification, if feasible, of
        the persons currently providing a bond or other form of
        financial assurance required under State or Federal law for an
        oil or gas well that is orphaned or abandoned;
          (B) criteria for ranking orphaned or abandoned well sites
        based on factors such as public health and safety, potential
        environmental harm, and other land use priorities;
          (C) information and training programs on best practices for
        remediation of different types of sites; and
          (D) funding of State mitigation efforts on a cost-shared
        basis.
    (h) Authorization of appropriations
      (1) In general
        There are authorized to be appropriated to carry out this
      section $25,000,000 for each of fiscal years 2006 through 2010.
      (2) Use
        Of the amounts authorized under paragraph (1), $5,000,000 are
      authorized for each fiscal year for activities under subsection
      (f).

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 349, Aug. 8, 2005, 119 Stat. 709.)

-End-



-CITE-
    42 USC Sec. 15908                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15908. Preservation of geological and geophysical data

-STATUTE-
    (a) Short title
      This section may be cited as the "National Geological and
    Geophysical Data Preservation Program Act of 2005".
    (b) Program
      The Secretary shall carry out a National Geological and
    Geophysical Data Preservation Program in accordance with this
    section - 
        (1) to archive geologic, geophysical, and engineering data,
      maps, well logs, and samples;
        (2) to provide a national catalog of such archival material;
      and
        (3) to provide technical and financial assistance related to
      the archival material.
    (c) Plan
      Not later than 1 year after August 8, 2005, the Secretary shall
    submit to Congress a plan for the implementation of the Program.
    (d) Data archive system
      (1) Establishment
        The Secretary shall establish, as a component of the Program, a
      data archive system to provide for the storage, preservation, and
      archiving of subsurface, surface, geological, geophysical, and
      engineering data and samples. The Secretary, in consultation with
      the Advisory Committee, shall develop guidelines relating to the
      data archive system, including the types of data and samples to
      be preserved.
      (2) System components
        The system shall be comprised of State agencies that elect to
      be part of the system and agencies within the Department of the
      Interior that maintain geological and geophysical data and
      samples that are designated by the Secretary in accordance with
      this subsection. The Program shall provide for the storage of
      data and samples through data repositories operated by such
      agencies.
      (3) Limitation of designation
        The Secretary may not designate a State agency as a component
      of the data archive system unless that agency is the agency that
      acts as the geological survey in the State.
      (4) Data from Federal land
        The data archive system shall provide for the archiving of
      relevant subsurface data and samples obtained from Federal land -
      
          (A) in the most appropriate repository designated under
        paragraph (2), with preference being given to archiving data in
        the State in which the data were collected; and
          (B) consistent with all applicable law and requirements
        relating to confidentiality and proprietary data.
    (e) National catalog
      (1) In general
        As soon as practicable after August 8, 2005, the Secretary
      shall develop and maintain, as a component of the Program, a
      national catalog that identifies - 
          (A) data and samples available in the data archive system
        established under subsection (d);
          (B) the repository for particular material in the system; and
          (C) the means of accessing the material.
      (2) Availability
        The Secretary shall make the national catalog accessible to the
      public on the site of the Survey on the Internet, consistent with
      all applicable requirements related to confidentiality and
      proprietary data.
    (f) Advisory Committee
      (1) In general
        The Advisory Committee shall advise the Secretary on planning
      and implementation of the Program.
      (2) New duties
        In addition to its duties under the National Geologic Mapping
      Act of 1992 (43 U.S.C. 31a et seq.), the Advisory Committee shall
      perform the following duties:
          (A) Advise the Secretary on developing guidelines and
        procedures for providing assistance for facilities under
        subsection (g)(1).
          (B) Review and critique the draft implementation plan
        prepared by the Secretary under subsection (c).
          (C) Identify useful studies of data archived under the
        Program that will advance understanding of the Nation's energy
        and mineral resources, geologic hazards, and engineering
        geology.
          (D) Review the progress of the Program in archiving
        significant data and preventing the loss of such data, and the
        scientific progress of the studies funded under the Program.
          (E) Include in the annual report to the Secretary required
        under section 5(b)(3) of the National Geologic Mapping Act of
        1992 (43 U.S.C. 31d(b)(3)) an evaluation of the progress of the
        Program toward fulfilling the purposes of the Program under
        subsection (b).
    (g) Financial assistance
      (1) Archive facilities
        Subject to the availability of appropriations, the Secretary
      shall provide financial assistance to a State agency that is
      designated under subsection (d)(2) for providing facilities to
      archive energy material.
      (2) Studies
        Subject to the availability of appropriations, the Secretary
      shall provide financial assistance to any State agency designated
      under subsection (d)(2) for studies and technical assistance
      activities that enhance understanding, interpretation, and use of
      materials archived in the data archive system established under
      subsection (d).
      (3) Federal share
        The Federal share of the cost of an activity carried out with
      assistance under this subsection shall be not more than 50
      percent of the total cost of the activity.
      (4) Private contributions
        The Secretary shall apply to the non-Federal share of the cost
      of an activity carried out with assistance under this subsection
      the value of private contributions of property and services used
      for that activity.
    (h) Report
      The Secretary shall include in each report under section 8 of the
    National Geologic Mapping Act of 1992 (43 U.S.C. 31g) - 
        (1) a description of the status of the Program;
        (2) an evaluation of the progress achieved in developing the
      Program during the period covered by the report; and
        (3) any recommendations for legislative or other action the
      Secretary considers necessary and appropriate to fulfill the
      purposes of the Program under subsection (b).
    (i) Maintenance of State effort
      It is the intent of Congress that the States not use this section
    as an opportunity to reduce State resources applied to the
    activities that are the subject of the Program.
    (j) Definitions
      In this section:
      (1) Advisory Committee
        The term "Advisory Committee" means the advisory committee
      established under section 5 of the National Geologic Mapping Act
      of 1992 (43 U.S.C. 31d).
      (2) Program
        The term "Program" means the National Geological and
      Geophysical Data Preservation Program carried out under this
      section.
      (3) Secretary
        The term "Secretary" means the Secretary of the Interior,
      acting through the Director of the United States Geological
      Survey.
      (4) Survey
        The term "Survey" means the United States Geological Survey.
    (k) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    $30,000,000 for each of fiscal years 2006 through 2010.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 351, Aug. 8, 2005, 119 Stat. 711.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Geologic Mapping Act of 1992, referred to in subsec.
    (f)(2), is Pub. L. 102-285, May 18, 1992, 106 Stat. 166, as
    amended, which is classified principally to sections 31a to 31h of
    Title 43, Public Lands. For complete classification of this Act to
    the Code, see Short Title note set out under section 31a of Title
    43 and Tables.

-End-



-CITE-
    42 USC Sec. 15909                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15909. Gas hydrate production incentive

-STATUTE-
    (a) Purpose
      The purpose of this section is to promote natural gas production
    from the natural gas hydrate resources on the outer Continental
    Shelf and Federal lands in Alaska by providing royalty incentives.
    (b) Suspension of royalties
      (1) In general
        The Secretary may grant royalty relief in accordance with this
      section for natural gas produced from gas hydrate resources under
      an eligible lease.
      (2) Eligible leases
        A lease shall be an eligible lease for purposes of this section
      if - 
          (A) it is issued under the Outer Continental Shelf Lands Act
        (43 U.S.C. 1331 et seq.), or is an oil and gas lease issued for
        onshore Federal lands in Alaska;
          (B) it is issued prior to January 1, 2016; and
          (C) production under the lease of natural gas from gas
        hydrate resources commences prior to January 1, 2018.
      (3) Amount of relief
        The Secretary shall conduct a rulemaking and grant royalty
      relief under this section as a suspension volume if the Secretary
      determines that such royalty relief would encourage production of
      natural gas from gas hydrate resources from an eligible lease.
      The maximum suspension volume shall be 30 billion cubic feet of
      natural gas per lease. Such relief shall be in addition to any
      other royalty relief under any other provision applicable to the
      lease that does not specifically grant a gas hydrate production
      incentive. Such royalty suspension volume shall be applied to any
      eligible production occurring on or after the date of publication
      of the advanced notice of proposed rulemaking.
      (4) Limitation
        The Secretary may place limitations on royalty relief granted
      under this section based on market price.
    (c) Application
      This section shall apply to any eligible lease issued before, on,
    or after August 8, 2005.
    (d) Rulemakings
      (1) Requirement
        The Secretary shall publish the advanced notice of proposed
      rulemaking within 180 days after August 8, 2005, and complete the
      rulemaking implementing this section within 365 days after August
      8, 2005.
      (2) Gas hydrate resources defined
        Such regulations shall define the term "gas hydrate resources"
      to include both the natural gas content of gas hydrates within
      the hydrate stability zone and free natural gas trapped by and
      beneath the hydrate stability zone.
    (e) Review
      Not later than 365 days after August 8, 2005, the Secretary, in
    consultation with the Secretary of Energy, shall carry out a review
    of, and submit to Congress a report on, further opportunities to
    enhance production of natural gas from gas hydrate resources on the
    outer Continental Shelf and on Federal lands in Alaska through the
    provision of other production incentives or through technical or
    financial assistance.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 353, Aug. 8, 2005, 119 Stat. 714.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Outer Continental Shelf Lands Act, referred to in subsec.
    (b)(2)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,
    which is classified generally to subchapter III (Sec. 1331 et seq.)
    of chapter 29 of Title 43, Public Lands. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1331 of Title 43 and Tables.

-End-



-CITE-
    42 USC Sec. 15910                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15910. Enhanced oil and natural gas production through carbon
      dioxide injection

-STATUTE-
    (a) Production incentive
      (1) Findings
        Congress finds the following:
          (A) Approximately two-thirds of the original oil in place in
        the United States remains unproduced.
          (B) Enhanced oil and natural gas production from the
        sequestering of carbon dioxide and other appropriate gases has
        the potential to increase oil and natural gas production.
          (C) Capturing and productively using carbon dioxide would
        help reduce the carbon intensity of the economy.
      (2) Purpose
        The purpose of this section is - 
          (A) to promote the capturing, transportation, and injection
        of produced carbon dioxide, natural carbon dioxide, and other
        appropriate gases or other matter for sequestration into oil
        and gas fields; and
          (B) to promote oil and natural gas production from the outer
        Continental Shelf and onshore Federal lands under lease by
        providing royalty incentives to use enhanced recovery
        techniques using injection of the substances referred to in
        subparagraph (A).
    (b) Suspension of royalties
      (1) In general
        If the Secretary determines that reduction of the royalty under
      a Federal oil and gas lease that is an eligible lease is in the
      public interest and promotes the purposes of this section, the
      Secretary shall undertake a rulemaking to provide for such
      reduction for an eligible lease.
      (2) Rulemakings
        The Secretary shall publish the advanced notice of proposed
      rulemaking within 180 days after August 8, 2005, and complete the
      rulemaking implementing this section within 365 days after August
      8, 2005.
      (3) Eligible leases
        A lease shall be an eligible lease for purposes of this section
      if - 
          (A) it is a lease for production of oil and gas from the
        outer Continental Shelf or Federal onshore lands;
          (B) the injection of the substances referred to in subsection
        (a)(2)(A) will be used as an enhanced recovery technique on
        such lease; and
          (C) the Secretary determines that the lease contains oil or
        gas that would not likely be produced without the royalty
        reduction provided under this section.
      (4) Amount of relief
        The rulemaking shall provide for a suspension volume, which
      shall not exceed 5,000,000 barrels of oil equivalent for each
      eligible lease. Such suspension volume shall be applied to any
      production from an eligible lease occurring on or after the date
      of publication of any advanced notice of proposed rulemaking
      under this subsection.
      (5) Limitation
        The Secretary may place limitations on the royalty reduction
      granted under this section based on market price.
      (6) Application
        This section shall apply to any eligible lease issued before,
      on, or after August 8, 2005.
    (c) Demonstration program
      (1) Establishment
        (A) In general
          The Secretary of Energy shall establish a competitive grant
        program to provide grants to producers of oil and gas to carry
        out projects to inject carbon dioxide for the purpose of
        enhancing recovery of oil or natural gas while increasing the
        sequestration of carbon dioxide.
        (B) Projects
          The demonstration program shall provide for - 
            (i) not more than 10 projects in the Willistin Basin in
          North Dakota and Montana; and
            (ii) 1 project in the Cook Inlet Basin in Alaska.
      (2) Requirements
        (A) In general
          The Secretary of Energy shall issue requirements relating to
        applications for grants under paragraph (1).
        (B) Rulemaking
          The issuance of requirements under subparagraph (A) shall not
        require a rulemaking.
        (C) Minimum requirements
          At a minimum, the Secretary shall require under subparagraph
        (A) that an application for a grant include - 
            (i) a description of the project proposed in the
          application;
            (ii) an estimate of the production increase and the
          duration of the production increase from the project, as
          compared to conventional recovery techniques, including water
          flooding;
            (iii) an estimate of the carbon dioxide sequestered by
          project, over the life of the project;
            (iv) a plan to collect and disseminate data relating to
          each project to be funded by the grant;
            (v) a description of the means by which the project will be
          sustainable without Federal assistance after the completion
          of the term of the grant;
            (vi) a complete description of the costs of the project,
          including acquisition, construction, operation, and
          maintenance costs over the expected life of the project;
            (vii) a description of which costs of the project will be
          supported by Federal assistance under this section; and
            (viii) a description of any secondary or tertiary recovery
          efforts in the field and the efficacy of water flood recovery
          techniques used.
      (3) Partners
        An applicant for a grant under paragraph (1) may carry out a
      project under a pilot program in partnership with 1 or more other
      public or private entities.
      (4) Selection criteria
        In evaluating applications under this subsection, the Secretary
      of Energy shall - 
          (A) consider the previous experience with similar projects of
        each applicant; and
          (B) give priority consideration to applications that - 
            (i) are most likely to maximize production of oil and gas
          in a cost-effective manner;
            (ii) sequester significant quantities of carbon dioxide
          from anthropogenic sources;
            (iii) demonstrate the greatest commitment on the part of
          the applicant to ensure funding for the proposed project and
          the greatest likelihood that the project will be maintained
          or expanded after Federal assistance under this section is
          completed; and
            (iv) minimize any adverse environmental effects from the
          project.
      (5) Demonstration program requirements
        (A) Maximum amount
          The Secretary of Energy shall not provide more than
        $3,000,000 in Federal assistance under this subsection to any
        applicant.
        (B) Cost sharing
          The Secretary of Energy shall require cost-sharing under this
        subsection in accordance with section 16352 of this title.
        (C) Period of grants
          (i) In general
            A project funded by a grant under this subsection shall
          begin construction not later than 2 years after the date of
          provision of the grant, but in any case not later than
          December 31, 2010.
          (ii) Term
            The Secretary shall not provide grant funds to any
          applicant under this subsection for a period of more than 5
          years.
      (6) Transfer of information and knowledge
        The Secretary of Energy shall establish mechanisms to ensure
      that the information and knowledge gained by participants in the
      program under this subsection are transferred among other
      participants and interested persons, including other applicants
      that submitted applications for a grant under this subsection.
      (7) Schedule
        (A) Publication
          Not later than 180 days after August 8, 2005, the Secretary
        of Energy shall publish in the Federal Register, and elsewhere,
        as appropriate, a request for applications to carry out
        projects under this subsection.
        (B) Date for applications
          An application for a grant under this subsection shall be
        submitted not later than 180 days after the date of publication
        of the request under subparagraph (A).
        (C) Selection
          After the date by which applications for grants are required
        to be submitted under subparagraph (B), the Secretary of
        Energy, in a timely manner, shall select, after peer review and
        based on the criteria under paragraph (4), those projects to be
        awarded a grant under this subsection.
    (d) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 354, Aug. 8, 2005, 119 Stat. 715.)

-End-



-CITE-
    42 USC Sec. 15911                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15911. Denali Commission

-STATUTE-
    (a) Definition of Commission
      In this section, the term "Commission" means the Denali
    Commission established by the Denali Commission Act of 1998 (42
    U.S.C. 3121 note; Public Law 105-277).
    (b) Energy programs
      The Commission shall use amounts made available under subsection
    (d) to carry out energy programs, including - 
        (1) energy generation and development, including - 
          (A) fuel cells, hydroelectric, solar, wind, wave, and tidal
        energy; and
          (B) alternative energy sources;

        (2) the construction of energy transmission, including
      interties;
        (3) the replacement and cleanup of fuel tanks;
        (4) the construction of fuel transportation networks and
      related facilities;
        (5) power cost equalization programs; and
        (6) projects using coal as a fuel, including coal gasification
      projects.
    (c) Open meetings
      (1) In general
        Except as provided in paragraph (2), a meeting of the
      Commission shall be open to the public if - 
          (A) the Commission members take action on behalf of the
        Commission; or
          (B) the deliberations of the Commission determine, or result
        in the joint conduct or disposition of, official Commission
        business.
      (2) Exceptions
        Paragraph (1) shall not apply to any portion of a Commission
      meeting for which the Commission, in public session, votes to
      close the meeting for the reasons described in paragraph (2),
      (4), (5), or (6) of subsection (c) of section 552b of title 5.
      (3) Public notice
        (A) In general
          At least 1 week before a meeting of the Commission, the
        Commission shall make a public announcement of the meeting that
        describes - 
            (i) the time, place, and subject matter of the meeting;
            (ii) whether the meeting is to be open or closed to the
          public; and
            (iii) the name and telephone number of an appropriate
          person to respond to requests for information about the
          meeting.
        (B) Additional notice
          The Commission shall make a public announcement of any change
        to the information made available under subparagraph (A) at the
        earliest practicable time.
      (4) Minutes
        The Commission shall keep, and make available to the public, a
      transcript, electronic recording, or minutes from each Commission
      meeting, except for portions of the meeting closed under
      paragraph (2).
    (d) Authorization of appropriations
      There is authorized to be appropriated to the Commission not more
    than $55,000,000 for each of fiscal years 2006 through 2015 to
    carry out subsection (b).

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 356, Aug. 8, 2005, 119 Stat. 719.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Denali Commission Act of 1998, referred to in subsec. (a), is
    title III of Pub. L. 105-277, div. C, Oct. 21, 1998, 112 Stat. 2681-
    637, which is set out as a note under section 3121 of this title.
    For complete classification of this Act to the Code, see Tables.

-End-



-CITE-
    42 USC Sec. 15912                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part A - Production Incentives

-HEAD-
    Sec. 15912. Comprehensive inventory of OCS oil and natural gas
      resources

-STATUTE-
    (a) In general
      The Secretary shall conduct an inventory and analysis of oil and
    natural gas resources beneath all of the waters of the United
    States Outer Continental Shelf ("OCS"). The inventory and analysis
    shall - 
        (1) use available data on oil and gas resources in areas
      offshore of Mexico and Canada that will provide information on
      trends of oil and gas accumulation in areas of the OCS;
        (2) use any available technology, except drilling, but
      including 3-D seismic technology to obtain accurate resource
      estimates;
        (3) analyze how resource estimates in OCS areas have changed
      over time in regards to gathering geological and geophysical
      data, initial exploration, or full field development, including
      areas such as the deepwater and subsalt areas in the Gulf of
      Mexico;
        (4) estimate the effect that understated oil and gas resource
      inventories have on domestic energy investments; and
        (5) identify and explain how legislative, regulatory, and
      administrative programs or processes restrict or impede the
      development of identified resources and the extent that they
      affect domestic supply, such as moratoria, lease terms and
      conditions, operational stipulations and requirements, approval
      delays by the Federal Government and coastal States, and local
      zoning restrictions for onshore processing facilities and
      pipeline landings.
    (b) Reports
      The Secretary shall submit a report to Congress on the inventory
    of estimates and the analysis of restrictions or impediments,
    together with any recommendations, within 6 months of August 8,
    2005. The report shall be publicly available and updated at least
    every 5 years.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 357, Aug. 8, 2005, 119 Stat. 720.)

-End-


-CITE-
    42 USC Part B - Access to Federal Lands                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part B - Access to Federal Lands

-HEAD-
                     PART B - ACCESS TO FEDERAL LANDS                 

-End-



-CITE-
    42 USC Sec. 15921                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part B - Access to Federal Lands

-HEAD-
    Sec. 15921. Management of Federal oil and gas leasing programs

-STATUTE-
    (a) Timely action on leases and permits
      (1) Secretary of the Interior
        To ensure timely action on oil and gas leases and applications
      for permits to drill on land otherwise available for leasing, the
      Secretary of the Interior (referred to in this section as the
      "Secretary") shall - 
          (A) ensure expeditious compliance with section 4332(2)(C) of
        this title and any other applicable environmental and cultural
        resources laws;
          (B) improve consultation and coordination with the States and
        the public; and
          (C) improve the collection, storage, and retrieval of
        information relating to the oil and gas leasing activities.
      (2) Secretary of Agriculture
        To ensure timely action on oil and gas lease applications for
      permits to drill on land otherwise available for leasing, the
      Secretary of Agriculture shall - 
          (A) ensure expeditious compliance with all applicable
        environmental and cultural resources laws; and
          (B) improve the collection, storage, and retrieval of
        information relating to the oil and gas leasing activities.
    (b) Best management practices
      (1) In general
        Not later than 18 months after August 8, 2005, the Secretary
      shall develop and implement best management practices to - 
          (A) improve the administration of the onshore oil and gas
        leasing program under the Mineral Leasing Act (30 U.S.C. 181 et
        seq.); and
          (B) ensure timely action on oil and gas leases and
        applications for permits to drill on land otherwise available
        for leasing.
      (2) Considerations
        In developing the best management practices under paragraph
      (1), the Secretary shall consider any recommendations from the
      review under section 361.(!1)

      (3) Regulations
        Not later than 180 days after the development of the best
      management practices under paragraph (1), the Secretary shall
      publish, for public comment, proposed regulations that set forth
      specific timeframes for processing leases and applications in
      accordance with the best management practices, including
      deadlines for - 
          (A) approving or disapproving - 
            (i) resource management plans and related documents;
            (ii) lease applications;
            (iii) applications for permits to drill; and
            (iv) surface use plans; and

          (B) related administrative appeals.
    (c) Improved enforcement
      The Secretary and the Secretary of Agriculture shall improve
    inspection and enforcement of oil and gas activities, including
    enforcement of terms and conditions in permits to drill on land
    under the jurisdiction of the Secretary and the Secretary of
    Agriculture, respectively.
    (d) Authorization of appropriations
      In addition to amounts made available to carry out activities
    relating to oil and gas leasing on public land administered by the
    Secretary and National Forest System land administered by the
    Secretary of Agriculture, there are authorized to be appropriated
    for each of fiscal years 2006 through 2010 - 
        (1) to the Secretary, acting through the Director of the Bureau
      of Land Management - 
          (A) $40,000,000 to carry out subsections (a)(1) and (b); and
          (B) $20,000,000 to carry out subsection (c);

        (2) to the Secretary, acting through the Director of the United
      States Fish and Wildlife Service, $5,000,000 to carry out
      subsection (a)(1); and
        (3) to the Secretary of Agriculture, acting through the Chief
      of the Forest Service, $5,000,000 to carry out subsections (a)(2)
      and (c).

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 362, Aug. 8, 2005, 119 Stat. 721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mineral Leasing Act, referred to in subsec. (b)(1)(A), is act
    Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is
    classified generally to chapter 3A (Sec. 181 et seq.) of Title 30,
    Mineral Lands and Mining. For complete classification of this Act
    to the Code, see Short Title note set out under section 181 of
    Title 30 and Tables.
      Section 361, referred to in subsec. (b)(2), is section 361 of
    Pub. L. 109-58, title III, Aug. 8, 2005, 119 Stat. 720, which is
    not classified to the Code.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 15922                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part B - Access to Federal Lands

-HEAD-
    Sec. 15922. Consultation regarding oil and gas leasing on public
      land

-STATUTE-
    (a) In general
      Not later than 180 days after August 8, 2005, the Secretary of
    the Interior and the Secretary of Agriculture shall enter into a
    memorandum of understanding regarding oil and gas leasing on - 
        (1) public land under the jurisdiction of the Secretary of the
      Interior; and
        (2) National Forest System land under the jurisdiction of the
      Secretary of Agriculture.
    (b) Contents
      The memorandum of understanding shall include provisions that - 
        (1) establish administrative procedures and lines of authority
      that ensure timely processing of - 
          (A) oil and gas lease applications;
          (B) surface use plans of operation, including steps for
        processing surface use plans; and
          (C) applications for permits to drill consistent with
        applicable timelines;

        (2) eliminate duplication of effort by providing for
      coordination of planning and environmental compliance efforts;
        (3) ensure that lease stipulations are - 
          (A) applied consistently;
          (B) coordinated between agencies; and
          (C) only as restrictive as necessary to protect the resource
        for which the stipulations are applied;

        (4) establish a joint data retrieval system that is capable of -
       
          (A) tracking applications and formal requests made in
        accordance with procedures of the Federal onshore oil and gas
        leasing program; and
          (B) providing information regarding the status of the
        applications and requests within the Department of the Interior
        and the Department of Agriculture; and

        (5) establish a joint geographic information system mapping
      system for use in - 
          (A) tracking surface resource values to aid in resource
        management; and
          (B) processing surface use plans of operation and
        applications for permits to drill.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 363, Aug. 8, 2005, 119 Stat. 722.)

-End-



-CITE-
    42 USC Sec. 15923                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part B - Access to Federal Lands

-HEAD-
    Sec. 15923. Methodology

-STATUTE-
      The Secretary of the Interior shall use the same assessment
    methodology across all geological provinces, areas, and regions in
    preparing and issuing national geological assessments to ensure
    accurate comparisons of geological resources.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 364(b), Aug. 8, 2005, 119 Stat.
    723.)

-End-



-CITE-
    42 USC Sec. 15924                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part B - Access to Federal Lands

-HEAD-
    Sec. 15924. Pilot project to improve Federal permit coordination

-STATUTE-
    (a) Establishment
      The Secretary of the Interior (referred to in this section as the
    "Secretary") shall establish a Federal Permit Streamlining Pilot
    Project (referred to in this section as the "Pilot Project").
    (b) Memorandum of understanding
      (1) In general
        Not later than 90 days after August 8, 2005, the Secretary
      shall enter into a memorandum of understanding for purposes of
      this section with - 
          (A) the Secretary of Agriculture;
          (B) the Administrator of the Environmental Protection Agency;
        and
          (C) the Chief of Engineers.
      (2) State participation
        The Secretary may request that the Governors of Wyoming,
      Montana, Colorado, Utah, and New Mexico be signatories to the
      memorandum of understanding.
    (c) Designation of qualified staff
      (1) In general
        Not later than 30 days after the date of the signing of the
      memorandum of understanding under subsection (b), all Federal
      signatory parties shall, if appropriate, assign to each of the
      field offices identified in subsection (d) an employee who has
      expertise in the regulatory issues relating to the office in
      which the employee is employed, including, as applicable,
      particular expertise in - 
          (A) the consultations and the preparation of biological
        opinions under section 1536 of title 16;
          (B) permits under section 1344 of title 33;
          (C) regulatory matters under the Clean Air Act (42 U.S.C.
        7401 et seq.);
          (D) planning under the National Forest Management Act of 1976
        (16 U.S.C. 472a et seq.); and
          (E) the preparation of analyses under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
      (2) Duties
        Each employee assigned under paragraph (1) shall - 
          (A) not later than 90 days after the date of assignment,
        report to the Bureau of Land Management Field Managers in the
        office to which the employee is assigned;
          (B) be responsible for all issues relating to the
        jurisdiction of the home office or agency of the employee; and
          (C) participate as part of the team of personnel working on
        proposed energy projects, planning, and environmental analyses.
    (d) Field offices
      The following Bureau of Land Management Field Offices shall serve
    as the Pilot Project offices:
        (1) Rawlins, Wyoming.
        (2) Buffalo, Wyoming.
        (3) Miles City, Montana.
        (4) Farmington, New Mexico.
        (5) Carlsbad, New Mexico.
        (6) Grand Junction/Glenwood Springs, Colorado.
        (7) Vernal, Utah.
    (e) Reports
      Not later than 3 years after August 8, 2005, the Secretary shall
    submit to Congress a report that - 
        (1) outlines the results of the Pilot Project to date; and
        (2) makes a recommendation to the President regarding whether
      the Pilot Project should be implemented throughout the United
      States.
    (f) Additional personnel
      The Secretary shall assign to each field office identified in
    subsection (d) any additional personnel that are necessary to
    ensure the effective implementation of - 
        (1) the Pilot Project; and
        (2) other programs administered by the field offices, including
      inspection and enforcement relating to energy development on
      Federal land, in accordance with the multiple use mandate of the
      Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
      seq.).
    (g) Omitted
    (h) Transfer of funds
      For the purposes of coordination and processing of oil and gas
    use authorizations on Federal land under the administration of the
    Pilot Project offices identified in subsection (d), the Secretary
    may authorize the expenditure or transfer of such funds as are
    necessary to - 
        (1) the United States Fish and Wildlife Service;
        (2) the Bureau of Indian Affairs;
        (3) the Forest Service;
        (4) the Environmental Protection Agency;
        (5) the Corps of Engineers; and
        (6) the States of Wyoming, Montana, Colorado, Utah, and New
      Mexico.
    (i) Fees
      During the period in which the Pilot Project is authorized, the
    Secretary shall not implement a rulemaking that would enable an
    increase in fees to recover additional costs related to processing
    drilling-related permit applications and use authorizations.
    (j) Savings provision
      Nothing in this section affects - 
        (1) the operation of any Federal or State law; or
        (2) any delegation of authority made by the head of a Federal
      agency whose employees are participating in the Pilot Project.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 365, Aug. 8, 2005, 119 Stat. 723.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (c)(1)(C), is act July
    14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7401 of this title and Tables.
      The National Forest Management Act of 1976, referred to in
    subsec. (c)(1)(D), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949,
    as amended, which enacted sections 472a, 521b, 1600, and 1611 to
    1614 of Title 16, Conservation, amended sections 500, 515, 516,
    518, 576b, and 1601 to 1610 of Title 16, repealed sections 476,
    513, and 514 of Title 16, and enacted provisions set out as notes
    under sections 476, 513, 528, 594-2, and 1600 of Title 16. For
    complete classification of this Act to the Code, see Short Title of
    1976 Amendment note set out under section 1600 of Title 16 and
    Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (c)(1)(E), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,
    as amended, which is classified generally to chapter 55 (Sec. 4321
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 4321 of this
    title and Tables.
      The Federal Land Policy and Management Act of 1976, referred to
    in subsec. (f)(2), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743,
    as amended, which is classified principally to chapter 35 (Sec.
    1701 et seq.) of Title 43, Public Lands. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 43 and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 365 of Pub. L. 109-58. Subsec.
    (g) of section 365 of Pub. L. 109-58 amended section 191 of Title
    30, Mineral Lands and Mining.

-End-



-CITE-
    42 USC Sec. 15925                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part B - Access to Federal Lands

-HEAD-
    Sec. 15925. Fair market value determinations for linear rights-of-
      way across public lands and national forests

-STATUTE-
    (a) Update of fee schedule
      Not later than 1 year after August 8, 2005 - 
        (1) the Secretary of the Interior shall update section 2806.20
      of title 43, Code of Federal Regulations, as in effect on August
      8, 2005, to revise the per acre rental fee zone value schedule by
      State, county, and type of linear right-of-way use to reflect
      current values of land in each zone; and
        (2) the Secretary of Agriculture shall make the same revision
      for linear rights-of-way granted, issued, or renewed under title
      V of the Federal Lands Policy and Management Act of 1976 (43
      U.S.C. 1761 et seq.) on National Forest System land.
    (b) Fair market value rental determination for linear rights-of-way
      The fair market value rent of a linear right-of-way across public
    lands or National Forest System lands issued under section 504 of
    the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764)
    or section 185 of title 30 shall be determined in accordance with
    subpart 2806 of title 43, Code of Federal Regulations, as in effect
    on August 8, 2005 (including the annual or periodic updates
    specified in the regulations), and as updated in accordance with
    subsection (a).

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 367, Aug. 8, 2005, 119 Stat. 726.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Land Policy and Management Act of 1976, referred to
    in subsec. (a)(2), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743,
    as amended. Title V of the Act is classified generally to
    subchapter V (Sec. 1761 et seq.) of chapter 35 of Title 43, Public
    Lands. For complete classification of this Act to the Code, see
    Short Title note set out under section 1701 of Title 43 and Tables.

-End-



-CITE-
    42 USC Sec. 15926                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part B - Access to Federal Lands

-HEAD-
    Sec. 15926. Energy right-of-way corridors on Federal land

-STATUTE-
    (a) Western States
      Not later than 2 years after August 8, 2005, the Secretary of
    Agriculture, the Secretary of Commerce, the Secretary of Defense,
    the Secretary of Energy, and the Secretary of the Interior (in this
    section referred to collectively as "the Secretaries"), in
    consultation with the Federal Energy Regulatory Commission, States,
    tribal or local units of governments as appropriate, affected
    utility industries, and other interested persons, shall consult
    with each other and shall - 
        (1) designate, under their respective authorities, corridors
      for oil, gas, and hydrogen pipelines and electricity transmission
      and distribution facilities on Federal land in the eleven
      contiguous Western States (as defined in section 1702(o) of title
      43; (!1)

        (2) perform any environmental reviews that may be required to
      complete the designation of such corridors; and
        (3) incorporate the designated corridors into the relevant
      agency land use and resource management plans or equivalent
      plans.
    (b) Other States
      Not later than 4 years after August 8, 2005, the Secretaries, in
    consultation with the Federal Energy Regulatory Commission,
    affected utility industries, and other interested persons, shall
    jointly - 
        (1) identify corridors for oil, gas, and hydrogen pipelines and
      electricity transmission and distribution facilities on Federal
      land in States other than those described in subsection (a); and
        (2) schedule prompt action to identify, designate, and
      incorporate the corridors into the applicable land use plans.
    (c) Ongoing responsibilities
      The Secretaries, in consultation with the Federal Energy
    Regulatory Commission, affected utility industries, and other
    interested parties, shall establish procedures under their
    respective authorities that - 
        (1) ensure that additional corridors for oil, gas, and hydrogen
      pipelines and electricity transmission and distribution
      facilities on Federal land are promptly identified and designated
      as necessary; and
        (2) expedite applications to construct or modify oil, gas, and
      hydrogen pipelines and electricity transmission and distribution
      facilities within such corridors, taking into account prior
      analyses and environmental reviews undertaken during the
      designation of such corridors.
    (d) Considerations
      In carrying out this section, the Secretaries shall take into
    account the need for upgraded and new electricity transmission and
    distribution facilities to - 
        (1) improve reliability;
        (2) relieve congestion; and
        (3) enhance the capability of the national grid to deliver
      electricity.
    (e) Specifications of corridor
      A corridor designated under this section shall, at a minimum,
    specify the centerline, width, and compatible uses of the corridor.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 368, Aug. 8, 2005, 119 Stat. 727.)

-FOOTNOTE-               

    (!1) So in original. A closing parenthesis probably should
         follow "title 43".


-End-



-CITE-
    42 USC Sec. 15927                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part B - Access to Federal Lands

-HEAD-
    Sec. 15927. Oil shale, tar sands, and other strategic
      unconventional fuels

-STATUTE-
    (a) Short title
      This section may be cited as the "Oil Shale, Tar Sands, and Other
    Strategic Unconventional Fuels Act of 2005".
    (b) Declaration of policy
      Congress declares that it is the policy of the United States that
    - 
        (1) United States oil shale, tar sands, and other
      unconventional fuels are strategically important domestic
      resources that should be developed to reduce the growing
      dependence of the United States on politically and economically
      unstable sources of foreign oil imports;
        (2) the development of oil shale, tar sands, and other
      strategic unconventional fuels, for research and commercial
      development, should be conducted in an environmentally sound
      manner, using practices that minimize impacts; and
        (3) development of those strategic unconventional fuels should
      occur, with an emphasis on sustainability, to benefit the United
      States while taking into account affected States and communities.
    (c) Leasing program for research and development of oil shale and
      tar sands
      In accordance with section 241 of title 30 and any other
    applicable law, except as provided in this section, not later than
    180 days after August 8, 2005, from land otherwise available for
    leasing, the Secretary of the Interior (referred to in this section
    as the "Secretary") shall make available for leasing such land as
    the Secretary considers to be necessary to conduct research and
    development activities with respect to technologies for the
    recovery of liquid fuels from oil shale and tar sands resources on
    public lands. Prospective public lands within each of the States of
    Colorado, Utah, and Wyoming shall be made available for such
    research and development leasing.
    (d) Programmatic environmental impact statement and commercial
      leasing program for oil shale and tar sands
      (1) Programmatic environmental impact statement
        Not later than 18 months after August 8, 2005, in accordance
      with section 4332(2)(C) of this title, the Secretary shall
      complete a programmatic environmental impact statement for a
      commercial leasing program for oil shale and tar sands resources
      on public lands, with an emphasis on the most geologically
      prospective lands within each of the States of Colorado, Utah,
      and Wyoming.
      (2) Final regulation
        Not later than 6 months after the completion of the
      programmatic environmental impact statement under this
      subsection, the Secretary shall publish a final regulation
      establishing such program.
    (e) Commencement of commercial leasing of oil shale and tar sands
      Not later than 180 days after publication of the final regulation
    required by subsection (d), the Secretary shall consult with the
    Governors of States with significant oil shale and tar sands
    resources on public lands, representatives of local governments in
    such States, interested Indian tribes, and other interested
    persons, to determine the level of support and interest in the
    States in the development of tar sands and oil shale resources. If
    the Secretary finds sufficient support and interest exists in a
    State, the Secretary may conduct a lease sale in that State under
    the commercial leasing program regulations. Evidence of interest in
    a lease sale under this subsection shall include, but not be
    limited to, appropriate areas nominated for leasing by potential
    lessees and other interested parties.
    (f) Diligent development requirements
      The Secretary shall, by regulation, designate work requirements
    and milestones to ensure the diligent development of the lease.
    (g) Initial report by the Secretary of the Interior
      Within 90 days after August 8, 2005, the Secretary of the
    Interior shall report to the Committee on Resources of the House of
    Representatives and the Committee on Energy and Natural Resources
    of the Senate on - 
        (1) the interim actions necessary to - 
          (A) develop the program, complete the programmatic
        environmental impact statement, and promulgate the final
        regulation as required by subsection (d); and
          (B) conduct the first lease sales under the program as
        required by subsection (e); and

        (2) a schedule to complete such actions within the time limits
      mandated by this section.
    (h) Task Force
      (1) Establishment
        The Secretary of Energy, in cooperation with the Secretary of
      the Interior and the Secretary of Defense, shall establish a task
      force to develop a program to coordinate and accelerate the
      commercial development of strategic unconventional fuels,
      including but not limited to oil shale and tar sands resources
      within the United States, in an integrated manner.
      (2) Composition
        The Task Force shall be composed of - 
          (A) the Secretary of Energy (or the designee of the
        Secretary);
          (B) the Secretary of the Interior (or the designee of the
        Secretary of the Interior);
          (C) the Secretary of Defense (or the designee of the
        Secretary of Defense);
          (D) the Governors of affected States; and
          (E) representatives of local governments in affected areas.
      (3) Recommendations
        The Task Force shall make such recommendations regarding
      promoting the development of the strategic unconventional fuels
      resources within the United States as it may deem appropriate.
      (4) Partnerships
        The Task Force shall make recommendations with respect to
      initiating a partnership with the Province of Alberta, Canada,
      for purposes of sharing information relating to the development
      and production of oil from tar sands, and similar partnerships
      with other nations that contain significant oil shale resources.
      (5) Reports
        (A) Initial report
          Not later than 180 days after August 8, 2005, the Task Force
        shall submit to the President and Congress a report that
        describes the analysis and recommendations of the Task Force.
        (B) Subsequent reports
          The Secretary shall provide an annual report describing the
        progress in developing the strategic unconventional fuels
        resources within the United States for each of the 5 years
        following submission of the report provided for in subparagraph
        (A).
    (i) Office of Petroleum Reserves
      (1) In general
        The Office of Petroleum Reserves of the Department of Energy
      shall - 
          (A) coordinate the creation and implementation of a
        commercial strategic fuel development program for the United
        States;
          (B) evaluate the strategic importance of unconventional
        sources of strategic fuels to the security of the United
        States;
          (C) promote and coordinate Federal Government actions that
        facilitate the development of strategic fuels in order to
        effectively address the energy supply needs of the United
        States;
          (D) identify, assess, and recommend appropriate actions of
        the Federal Government required to assist in the development
        and manufacturing of strategic fuels; and
          (E) coordinate and facilitate appropriate relationships
        between private industry and the Federal Government to promote
        sufficient and timely private investment to commercialize
        strategic fuels for domestic and military use.
      (2) Consultation and coordination
        The Office of Petroleum Reserves shall work closely with the
      Task Force and coordinate its staff support.
      (3) Annual reports
        Not later than 180 days after August 8, 2005, and annually
      thereafter, the Secretary shall submit to Congress a report that
      describes the activities of the Office of Petroleum Reserves
      carried out under this subsection.
    (j) Omitted
    (k) Interagency coordination and expeditious review of permitting
      process
      (1) Department of the Interior as lead agency
        Upon written request of a prospective applicant for Federal
      authorization to develop a proposed oil shale or tar sands
      project, the Department of the Interior shall act as the lead
      Federal agency for the purposes of coordinating all applicable
      Federal authorizations and environmental reviews. To the maximum
      extent practicable under applicable Federal law, the Secretary
      shall coordinate this Federal authorization and review process
      with any Indian tribes and State and local agencies responsible
      for conducting any separate permitting and environmental reviews.
      (2) Implementing regulations
        Not later than 6 months after August 8, 2005, the Secretary
      shall issue any regulations necessary to implement this
      subsection.
    (l) Cost-shared demonstration technologies
      (1) Identification
        The Secretary of Energy shall identify technologies for the
      development of oil shale and tar sands that - 
          (A) are ready for demonstration at a commercially-
        representative scale; and
          (B) have a high probability of leading to commercial
        production.
      (2) Assistance
        For each technology identified under paragraph (1), the
      Secretary of Energy may provide - 
          (A) technical assistance;
          (B) assistance in meeting environmental and regulatory
        requirements; and
          (C) cost-sharing assistance.
    (m) National oil shale and tar sands assessment
      (1) Assessment
        (A) In general
          The Secretary shall carry out a national assessment of oil
        shale and tar sands resources for the purposes of evaluating
        and mapping oil shale and tar sands deposits, in the geographic
        areas described in subparagraph (B). In conducting such an
        assessment, the Secretary shall make use of the extensive
        geological assessment work for oil shale and tar sands already
        conducted by the United States Geological Survey.
        (B) Geographic areas
          The geographic areas referred to in subparagraph (A), listed
        in the order in which the Secretary shall assign priority, are -
         
            (i) the Green River Region of the States of Colorado, Utah,
          and Wyoming;
            (ii) the Devonian oil shales and other hydrocarbon-bearing
          rocks having the nomenclature of "shale" located east of the
          Mississippi River; and
            (iii) any remaining area in the central and western United
          States (including the State of Alaska) that contains oil
          shale and tar sands, as determined by the Secretary.
      (2) Use of State surveys and universities
        In carrying out the assessment under paragraph (1), the
      Secretary may request assistance from any State-administered
      geological survey or university.
    (n) Land exchanges
      (1) In general
        To facilitate the recovery of oil shale and tar sands,
      especially in areas where Federal, State, and private lands are
      intermingled, the Secretary shall consider the use of land
      exchanges where appropriate and feasible to consolidate land
      ownership and mineral interests into manageable areas.
      (2) Identification and priority of public lands
        The Secretary shall identify public lands containing deposits
      of oil shale or tar sands within the Green River, Piceance Creek,
      Uintah, and Washakie geologic basins, and shall give priority to
      implementing land exchanges within those basins. The Secretary
      shall consider the geology of the respective basin in determining
      the optimum size of the lands to be consolidated.
      (3) Compliance with section 1716 of title 43
        A land exchange undertaken in furtherance of this subsection
      shall be implemented in accordance with section 1716 of title 43.
    (o) Royalty rates for leases
      The Secretary shall establish royalties, fees, rentals, bonus, or
    other payments for leases under this section that shall - 
        (1) encourage development of the oil shale and tar sands
      resource; and
        (2) ensure a fair return to the United States.
    (p) Heavy oil technical and economic assessment
      The Secretary of Energy shall update the 1987 technical and
    economic assessment of domestic heavy oil resources that was
    prepared by the Interstate Oil and Gas Compact Commission. Such an
    update should include all of North America and cover all
    unconventional oil, including heavy oil, tar sands (oil sands), and
    oil shale.
    (q) Omitted
    (r) State water rights
      Nothing in this section preempts or affects any State water law
    or interstate compact relating to water.
    (s) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 369, Aug. 8, 2005, 119 Stat. 728.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 369 of Pub. L. 109-58. Subsecs.
    (j) and (q) of section 369 of Pub. L. 109-58 enacted section 2398a
    of Title 10, Armed Forces, and amended the table of sections for
    chapter 141 of Title 10 and sections 226 and 241 of Title 30,
    Mineral Lands and Mining.

-End-



-CITE-
    42 USC Sec. 15928                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part B - Access to Federal Lands

-HEAD-
    Sec. 15928. Consultation regarding energy rights-of-way on public
      land

-STATUTE-
    (a) Memorandum of understanding
      (1) In general
        Not later than 6 months after August 8, 2005, the Secretary of
      Energy, in consultation with the Secretary of the Interior, the
      Secretary of Agriculture, and the Secretary of Defense with
      respect to lands under their respective jurisdictions, shall
      enter into a memorandum of understanding to coordinate all
      applicable Federal authorizations and environmental reviews
      relating to a proposed or existing utility facility. To the
      maximum extent practicable under applicable law, the Secretary of
      Energy shall, to ensure timely review and permit decisions,
      coordinate such authorizations and reviews with any Indian
      tribes, multi-State entities, and State agencies that are
      responsible for conducting any separate permitting and
      environmental reviews of the affected utility facility.
      (2) Contents
        The memorandum of understanding shall include provisions that -
      
          (A) establish - 
            (i) a unified right-of-way application form; and
            (ii) an administrative procedure for processing right-of-
          way applications, including lines of authority, steps in
          application processing, and timeframes for application
          processing;

          (B) provide for coordination of planning relating to the
        granting of the rights-of-way;
          (C) provide for an agreement among the affected Federal
        agencies to prepare a single environmental review document to
        be used as the basis for all Federal authorization decisions;
        and
          (D) provide for coordination of use of right-of-way
        stipulations to achieve consistency.
    (b) Natural gas pipelines
      (1) In general
        With respect to permitting activities for interstate natural
      gas pipelines, the May 2002 document entitled "Interagency
      Agreement On Early Coordination Of Required Environmental And
      Historic Preservation Reviews Conducted In Conjunction With The
      Issuance Of Authorizations To Construct And Operate Interstate
      Natural Gas Pipelines Certificated By The Federal Energy
      Regulatory Commission" shall constitute compliance with
      subsection (a).
      (2) Report
        (A) In general
          Not later than 1 year after August 8, 2005, and every 2 years
        thereafter, agencies that are signatories to the document
        referred to in paragraph (1) shall transmit to Congress a
        report on how the agencies under the jurisdiction of the
        Secretaries are incorporating and implementing the provisions
        of the document referred to in paragraph (1).
        (B) Contents
          The report shall address - 
            (i) efforts to implement the provisions of the document
          referred to in paragraph (1);
            (ii) whether the efforts have had a streamlining effect;
            (iii) further improvements to the permitting process of the
          agency; and
            (iv) recommendations for inclusion of State and tribal
          governments in a coordinated permitting process.
    (c) Definition of utility facility
      In this section, the term "utility facility" means any privately,
    publicly, or cooperatively owned line, facility, or system - 
        (1) for the transportation of - 
          (A) oil, natural gas, synthetic liquid fuel, or gaseous fuel;
          (B) any refined product produced from oil, natural gas,
        synthetic liquid fuel, or gaseous fuel; or
          (C) products in support of the production of material
        referred to in subparagraph (A) or (B);

        (2) for storage and terminal facilities in connection with the
      production of material referred to in paragraph (1); or
        (3) for the generation, transmission, and distribution of
      electric energy.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 372, Aug. 8, 2005, 119 Stat. 734.)

-End-


-CITE-
    42 USC Part C - Miscellaneous                               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part C - Miscellaneous

-HEAD-
                          PART C - MISCELLANEOUS                      

-End-



-CITE-
    42 USC Sec. 15941                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part C - Miscellaneous

-HEAD-
    Sec. 15941. Great Lakes oil and gas drilling ban

-STATUTE-
      No Federal or State permit or lease shall be issued for new oil
    and gas slant, directional, or offshore drilling in or under one or
    more of the Great Lakes.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 386, Aug. 8, 2005, 119 Stat. 744.)

-End-



-CITE-
    42 USC Sec. 15942                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part C - Miscellaneous

-HEAD-
    Sec. 15942. NEPA review

-STATUTE-
    (a) NEPA review
      Action by the Secretary of the Interior in managing the public
    lands, or the Secretary of Agriculture in managing National Forest
    System Lands, with respect to any of the activities described in
    subsection (b) shall be subject to a rebuttable presumption that
    the use of a categorical exclusion under the National Environmental
    Policy Act of 1969 [42 U.S.C. 4321 et seq.] (NEPA) would apply if
    the activity is conducted pursuant to the Mineral Leasing Act [30
    U.S.C. 181 et seq.] for the purpose of exploration or development
    of oil or gas.
    (b) Activities described
      The activities referred to in subsection (a) are the following:
        (1) Individual surface disturbances of less than 5 acres so
      long as the total surface disturbance on the lease is not greater
      than 150 acres and site-specific analysis in a document prepared
      pursuant to NEPA has been previously completed.
        (2) Drilling an oil or gas well at a location or well pad site
      at which drilling has occurred previously within 5 years prior to
      the date of spudding the well.
        (3) Drilling an oil or gas well within a developed field for
      which an approved land use plan or any environmental document
      prepared pursuant to NEPA analyzed such drilling as a reasonably
      foreseeable activity, so long as such plan or document was
      approved within 5 years prior to the date of spudding the well.
        (4) Placement of a pipeline in an approved right-of-way
      corridor, so long as the corridor was approved within 5 years
      prior to the date of placement of the pipeline.
        (5) Maintenance of a minor activity, other than any
      construction or major renovation or a building or facility.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 390, Aug. 8, 2005, 119 Stat. 747.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 4321 of this title
    and Tables.
      The Mineral Leasing Act, referred to in subsec. (a), is act Feb.
    25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified
    generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral
    Lands and Mining. For complete classification of this Act to the
    Code, see Short Title note set out under section 181 of Title 30
    and Tables.

-End-


-CITE-
    42 USC Part D - Refinery Revitalization                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part D - Refinery Revitalization

-HEAD-
                     PART D - REFINERY REVITALIZATION                 

-End-



-CITE-
    42 USC Sec. 15951                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part D - Refinery Revitalization

-HEAD-
    Sec. 15951. Findings and definitions

-STATUTE-
    (a) Findings
      Congress finds that - 
        (1) it serves the national interest to increase petroleum
      refining capacity for gasoline, heating oil, diesel fuel, jet
      fuel, kerosene, and petrochemical feedstocks wherever located
      within the United States, to bring more supply to the markets for
      the use of the American people;
        (2) United States demand for refined petroleum products
      currently exceeds the country's petroleum refining capacity to
      produce such products;
        (3) this excess demand has been met with increased imports;
        (4) due to lack of capacity, refined petroleum product imports
      are expected to grow from 7.9 percent to 10.7 percent of total
      refined product by 2025;
        (5) refiners are still subject to significant environmental and
      other regulations and face several new requirements under the
      Clean Air Act (42 U.S.C. 7401 et seq.) over the next decade; and
        (6) better coordination of Federal and State regulatory reviews
      may help facilitate siting and construction of new refineries to
      meet the demand in the United States for refined products.
    (b) Definitions
      In this part:
      (1) Administrator
        The term "Administrator" means the Administrator of the
      Environmental Protection Agency.
      (2) State
        The term "State" means - 
          (A) a State;
          (B) the Commonwealth of Puerto Rico; and
          (C) any other territory or possession of the United States.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 391, Aug. 8, 2005, 119 Stat. 748.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (a)(5), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7401 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 15952                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER III - OIL AND GAS
    Part D - Refinery Revitalization

-HEAD-
    Sec. 15952. Federal-State regulatory coordination and assistance

-STATUTE-
    (a) In general
      At the request of the Governor of a State, the Administrator may
    enter into a refinery permitting cooperative agreement with the
    State, under which each party to the agreement identifies steps,
    including timelines, that it will take to streamline the
    consideration of Federal and State environmental permits for a new
    refinery.
    (b) Authority under agreement
      The Administrator shall be authorized to - 
        (1) accept from a refiner a consolidated application for all
      permits required from the Environmental Protection Agency, to the
      extent consistent with other applicable law;
        (2) enter into memoranda of agreement with other Federal
      agencies to coordinate consideration of refinery applications and
      permits among Federal agencies; and
        (3) enter into memoranda of agreement with a State, under which
      Federal and State review of refinery permit applications will be
      coordinated and concurrently considered, to the extent
      practicable.
    (c) State assistance
      The Administrator is authorized to provide financial assistance
    to State governments to facilitate the hiring of additional
    personnel with expertise in fields relevant to consideration of
    refinery permits.
    (d) Other assistance
      The Administrator is authorized to provide technical, legal, or
    other assistance to State governments to facilitate their review of
    applications to build new refineries.

-SOURCE-
    (Pub. L. 109-58, title III, Sec. 392, Aug. 8, 2005, 119 Stat. 749.)

-End-


-CITE-
    42 USC SUBCHAPTER IV - COAL                                 01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL

-HEAD-
                           SUBCHAPTER IV - COAL                       

-End-


-CITE-
    42 USC Part A - Clean Coal Power Initiative                 01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part A - Clean Coal Power Initiative

-HEAD-
                   PART A - CLEAN COAL POWER INITIATIVE               

-End-



-CITE-
    42 USC Sec. 15961                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part A - Clean Coal Power Initiative

-HEAD-
    Sec. 15961. Authorization of appropriations

-STATUTE-
    (a) Clean coal power initiative
      There are authorized to be appropriated to the Secretary to carry
    out the activities authorized by this part $200,000,000 for each of
    fiscal years 2006 through 2014, to remain available until expended.
    (b) Report
      The Secretary shall submit to Congress the report required by
    this subsection not later than March 31, 2007. The report shall
    include, with respect to subsection (a), a plan containing - 
        (1) a detailed assessment of whether the aggregate funding
      levels provided under subsection (a) are the appropriate funding
      levels for that program;
        (2) a detailed description of how proposals will be solicited
      and evaluated, including a list of all activities expected to be
      undertaken;
        (3) a detailed list of technical milestones for each coal and
      related technology that will be pursued; and
        (4) a detailed description of how the program will avoid
      problems enumerated in Government Accountability Office reports
      on the Clean Coal Technology Program, including problems that
      have resulted in unspent funds and projects that failed either
      financially or scientifically.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 401, Aug. 8, 2005, 119 Stat. 749.)

-End-



-CITE-
    42 USC Sec. 15962                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part A - Clean Coal Power Initiative

-HEAD-
    Sec. 15962. Project criteria

-STATUTE-
    (a) In general
      To be eligible to receive assistance under this part, a project
    shall advance efficiency, environmental performance, and cost
    competitiveness well beyond the level of technologies that are in
    commercial service or have been demonstrated on a scale that the
    Secretary determines is sufficient to demonstrate that commercial
    service is viable as of August 8, 2005.
    (b) Technical criteria for clean coal power initiative
      (1) Gasification projects
        (A) In general
          In allocating the funds made available under section 15961(a)
        of this title, the Secretary shall ensure that at least 70
        percent of the funds are used only to fund projects on coal-
        based gasification technologies, including - 
            (i) gasification combined cycle;
            (ii) gasification fuel cells and turbine combined cycle;
            (iii) gasification coproduction;
            (iv) hybrid gasification and combustion; and
            (v) other advanced coal based technologies capable of
          producing a concentrated stream of carbon dioxide.
        (B) Technical milestones
          (i) Periodic determination
            (I) In general
              The Secretary shall periodically set technical milestones
            specifying the emission and thermal efficiency levels that
            coal gasification projects under this part shall be
            designed, and reasonably expected, to achieve.
            (II) Prescriptive milestones
              The technical milestones shall become more prescriptive
            during the period of the clean coal power initiative.
          (ii) 2020 goals
            The Secretary shall establish the periodic milestones so as
          to achieve by the year 2020 coal gasification projects able -
          
              (I) to remove at least 99 percent of sulfur dioxide;
              (II) to emit not more than .05 lbs of NOx per million
            Btu;
              (III) to achieve at least 95 percent reductions in
            mercury emissions; and
              (IV) to achieve a thermal efficiency of at least - 
                (aa) 50 percent for coal of more than 9,000 Btu;
                (bb) 48 percent for coal of 7,000 to 9,000 Btu; and
                (cc) 46 percent for coal of less than 7,000 Btu.
      (2) Other projects
        (A) Allocation of funds
          The Secretary shall ensure that up to 30 percent of the funds
        made available under section 15961(a) of this title are used to
        fund projects other than those described in paragraph (1).
        (B) Technical milestones
          (i) Periodic determination
            (I) In general
              The Secretary shall periodically establish technical
            milestones specifying the emission and thermal efficiency
            levels that projects funded under this paragraph shall be
            designed, and reasonably expected, to achieve.
            (II) Prescriptive milestones
              The technical milestones shall become more prescriptive
            during the period of the clean coal power initiative.
          (ii) 2020 goals
            The Secretary shall set the periodic milestones so as to
          achieve by the year 2020 projects able - 
              (I) to remove at least 97 percent of sulfur dioxide;
              (II) to emit no more than .08 lbs of NOx per million
            Btu;
              (III) to achieve at least 90 percent reductions in
            mercury emissions; and
              (IV) to achieve a thermal efficiency of at least - 
                (aa) 43 percent for coal of more than 9,000 Btu;
                (bb) 41 percent for coal of 7,000 to 9,000 Btu; and
                (cc) 39 percent for coal of less than 7,000 Btu.
      (3) Consultation
        Before setting the technical milestones under paragraphs (1)(B)
      and (2)(B), the Secretary shall consult with - 
          (A) the Administrator of the Environmental Protection Agency;
        and
          (B) interested entities, including - 
            (i) coal producers;
            (ii) industries using coal;
            (iii) organizations that promote coal or advanced coal
          technologies;
            (iv) environmental organizations;
            (v) organizations representing workers; and
            (vi) organizations representing consumers.
      (4) Existing units
        In the case of projects at units in existence on August 8,
      2005, in lieu of the thermal efficiency requirements described in
      paragraphs (1)(B)(ii)(IV) and (2)(B)(ii)(IV), the milestones
      shall be designed to achieve an overall thermal design efficiency
      improvement, compared to the efficiency of the unit as operated,
      of not less than - 
          (A) 7 percent for coal of more than 9,000 Btu;
          (B) 6 percent for coal of 7,000 to 9,000 Btu; or
          (C) 4 percent for coal of less than 7,000 Btu.
      (5) Administration
        (A) Elevation of site
          In evaluating project proposals to achieve thermal efficiency
        levels established under paragraphs (1)(B)(i) and (2)(B)(i) and
        in determining progress towards thermal efficiency milestones
        under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the
        Secretary shall take into account and make adjustments for the
        elevation of the site at which a project is proposed to be
        constructed.
        (B) Applicability of milestones
          In applying the thermal efficiency milestones under
        paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) to projects
        that separate and capture at least 50 percent of the potential
        emissions of carbon dioxide by a facility, the energy used for
        separation and capture of carbon dioxide shall not be counted
        in calculating the thermal efficiency.
        (C) Permitted uses
          In carrying out this section, the Secretary may give priority
        to projects that include, as part of the project - 
            (i) the separation or capture of carbon dioxide; or
            (ii) the reduction of the demand for natural gas if
          deployed.
    (c) Financial criteria
      The Secretary shall not provide financial assistance under this
    part for a project unless the recipient documents to the
    satisfaction of the Secretary that - 
        (1) the recipient is financially responsible;
        (2) the recipient will provide sufficient information to the
      Secretary to enable the Secretary to ensure that the funds are
      spent efficiently and effectively; and
        (3) a market exists for the technology being demonstrated or
      applied, as evidenced by statements of interest in writing from
      potential purchasers of the technology.
    (d) Financial assistance
      The Secretary shall provide financial assistance to projects
    that, as determined by the Secretary - 
        (1) meet the requirements of subsections (a), (b), and (c); and
        (2) are likely - 
          (A) to achieve overall cost reductions in the use of coal to
        generate useful forms of energy or chemical feedstocks;
          (B) to improve the competitiveness of coal among various
        forms of energy in order to maintain a diversity of fuel
        choices in the United States to meet electricity generation
        requirements; and
          (C) to demonstrate methods and equipment that are applicable
        to 25 percent of the electricity generating facilities, using
        various types of coal, that use coal as the primary feedstock
        as of August 8, 2005.
    (e) Cost-sharing
      In carrying out this part, the Secretary shall require cost
    sharing in accordance with section 16352 of this title.
    (f) Scheduled completion of selected projects
      (1) In general
        In selecting a project for financial assistance under this
      section, the Secretary shall establish a reasonable period of
      time during which the owner or operator of the project shall
      complete the construction or demonstration phase of the project,
      as the Secretary determines to be appropriate.
      (2) Condition of financial assistance
        The Secretary shall require as a condition of receipt of any
      financial assistance under this part that the recipient of the
      assistance enter into an agreement with the Secretary not to
      request an extension of the time period established for the
      project by the Secretary under paragraph (1).
      (3) Extension of time period
        (A) In general
          Subject to subparagraph (B), the Secretary may extend the
        time period established under paragraph (1) if the Secretary
        determines, in the sole discretion of the Secretary, that the
        owner or operator of the project cannot complete the
        construction or demonstration phase of the project within the
        time period due to circumstances beyond the control of the
        owner or operator.
        (B) Limitation
          The Secretary shall not extend a time period under
        subparagraph (A) by more than 4 years.
    (g) Fee title
      The Secretary may vest fee title or other property interests
    acquired under cost-share clean coal power initiative agreements
    under this part in any entity, including the United States.
    (h) Data protection
      For a period not exceeding 5 years after completion of the
    operations phase of a cooperative agreement, the Secretary may
    provide appropriate protections (including exemptions from
    subchapter II of chapter 5 of title 5) against the dissemination of
    information that - 
        (1) results from demonstration activities carried out under the
      clean coal power initiative program; and
        (2) would be a trade secret or commercial or financial
      information that is privileged or confidential if the information
      had been obtained from and first produced by a non-Federal party
      participating in a clean coal power initiative project.
    (i) Applicability
      No technology, or level of emission reduction, solely by reason
    of the use of the technology, or the achievement of the emission
    reduction, by 1 or more facilities receiving assistance under this
    Act, shall be considered to be - 
        (1) adequately demonstrated for purposes of section 7411 of
      this title;
        (2) achievable for purposes of section 7479 of this title; or
        (3) achievable in practice for purposes of section 7501 of this
      title.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 402, Aug. 8, 2005, 119 Stat. 750.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (i), is Pub. L. 109-58, Aug. 8,
    2005, 119 Stat. 594, as amended, known as the Energy Policy Act of
    2005, which enacted this chapter and enacted, amended, and repealed
    numerous other sections and notes in the Code. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 15963                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part A - Clean Coal Power Initiative

-HEAD-
    Sec. 15963. Report

-STATUTE-
      Not later than 1 year after August 8, 2005, and once every 2
    years thereafter through 2014, the Secretary, in consultation with
    other appropriate Federal agencies, shall submit to Congress a
    report describing - 
        (1) the technical milestones set forth in section 15962 of this
      title and how those milestones ensure progress toward meeting the
      requirements of subsections (b)(1)(B) and (b)(2) of section 15962
      of this title; and
        (2) the status of projects funded under this part.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 403, Aug. 8, 2005, 119 Stat. 753.)

-End-



-CITE-
    42 USC Sec. 15964                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part A - Clean Coal Power Initiative

-HEAD-
    Sec. 15964. Clean coal centers of excellence

-STATUTE-
    (a) In general
      As part of the clean coal power initiative, the Secretary shall
    award competitive, merit-based grants to institutions of higher
    education for the establishment of centers of excellence for energy
    systems of the future.
    (b) Basis for grants
      The Secretary shall award grants under this section to
    institutions of higher education that show the greatest potential
    for advancing new clean coal technologies.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 404, Aug. 8, 2005, 119 Stat. 753.)

-End-


-CITE-
    42 USC Part B - Clean Power Projects                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part B - Clean Power Projects

-HEAD-
                       PART B - CLEAN POWER PROJECTS                   

-End-



-CITE-
    42 USC Sec. 15971                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part B - Clean Power Projects

-HEAD-
    Sec. 15971. Integrated coal/renewable energy system

-STATUTE-
    (a) In general
      Subject to the availability of appropriations, the Secretary may
    provide loan guarantees for a project to produce energy from coal
    of less than 7,000 Btu/lb. using appropriate advanced integrated
    gasification combined cycle technology, including repowering of
    existing facilities, that - 
        (1) is combined with wind and other renewable sources;
        (2) minimizes and offers the potential to sequester carbon
      dioxide emissions; and
        (3) provides a ready source of hydrogen for near-site fuel cell
      demonstrations.
    (b) Requirements
      The facility - 
        (1) may be built in stages;
        (2) shall have a combined output of at least 200 megawatts at
      successively more competitive rates; and
        (3) shall be located in the Upper Great Plains.
    (c) Technical criteria
      Technical criteria described in section 15962(b) of this title
    shall apply to the facility.
    (d) Investment tax credits
      (1) In general
        The loan guarantees provided under this section do not preclude
      the facility from receiving an allocation for investment tax
      credits under section 48A of title 26.
      (2) Other funding
        Use of the investment tax credit described in paragraph (1)
      does not prohibit the use of other clean coal program funding.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 411, Aug. 8, 2005, 119 Stat. 754.)

-End-



-CITE-
    42 USC Sec. 15972                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part B - Clean Power Projects

-HEAD-
    Sec. 15972. Loan to place Alaska clean coal technology facility in
      service

-STATUTE-
    (a) Definitions
      In this section:
      (1) Borrower
        The term "borrower" means the owner of the clean coal
      technology plant.
      (2) Clean coal technology plant
        The term "clean coal technology plant" means the plant located
      near Healy, Alaska, constructed under Department cooperative
      agreement number DE-FC-22-91PC90544.
      (3) Cost of a direct loan
        The term "cost of a direct loan" has the meaning given the term
      in section 661a(5)(B) of title 2.
    (b) Authorization
      Subject to subsection (c), the Secretary shall use amounts made
    available under subsection (e) to provide the cost of a direct loan
    to the borrower for purposes of placing the clean coal technology
    plant into reliable operation for the generation of electricity.
    (c) Requirements
      (1) Maximum loan amount
        The amount of the direct loan provided under subsection (b)
      shall not exceed $80,000,000.
      (2) Determinations by Secretary
        Before providing the direct loan to the borrower under
      subsection (b), the Secretary shall determine that - 
          (A) the plan of the borrower for placing the clean coal
        technology plant in reliable operation has a reasonable
        prospect of success;
          (B) the amount of the loan (when combined with amounts
        available to the borrower from other sources) will be
        sufficient to carry out the project; and
          (C) there is a reasonable prospect that the borrower will
        repay the principal and interest on the loan.
      (3) Interest; term
        The direct loan provided under subsection (b) shall bear
      interest at a rate and for a term that the Secretary determines
      appropriate, after consultation with the Secretary of the
      Treasury, taking into account the needs and capacities of the
      borrower and the prevailing rate of interest for similar loans
      made by public and private lenders.
      (4) Additional terms and conditions
        The Secretary may require any other terms and conditions that
      the Secretary determines to be appropriate.
    (d) Use of payments
      The Secretary shall retain any payments of principal and interest
    on the direct loan provided under subsection (b) to support energy
    research and development activities, to remain available until
    expended, subject to any other conditions in an applicable
    appropriations Act.
    (e) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to provide the cost of a direct loan under subsection
    (b).

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 412, Aug. 8, 2005, 119 Stat. 754.)

-End-



-CITE-
    42 USC Sec. 15973                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part B - Clean Power Projects

-HEAD-
    Sec. 15973. Western integrated coal gasification demonstration
      project

-STATUTE-
    (a) In general
      Subject to the availability of appropriations, the Secretary
    shall carry out a project to demonstrate production of energy from
    coal mined in the western United States using integrated
    gasification combined cycle technology (referred to in this section
    as the "demonstration project").
    (b) Components
      The demonstration project - 
        (1) may include repowering of existing facilities;
        (2) shall be designed to demonstrate the ability to use coal
      with an energy content of not more than 9,000 Btu/lb.; and
        (3) shall be capable of removing and sequestering carbon
      dioxide emissions.
    (c) All types of western coals
      Notwithstanding the foregoing, and to the extent economically
    feasible, the demonstration project shall also be designed to
    demonstrate the ability to use a variety of types of coal
    (including subbituminous and bituminous coal with an energy content
    of up to 13,000 Btu/lb.) mined in the western United States.
    (d) Location
      The demonstration project shall be located in a western State at
    an altitude of greater than 4,000 feet above sea level.
    (e) Cost sharing
      The Federal share of the cost of the demonstration project shall
    be determined in accordance with section 16352 of this title.
    (f) Loan guarantees
      Notwithstanding subchapter XIII of this chapter, the
    demonstration project shall not be eligible for Federal loan
    guarantees.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 413, Aug. 8, 2005, 119 Stat. 755.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter XIII of this chapter, referred to in subsec. (f), was
    in the original "title XIV", meaning title XIV of Pub. L. 109-58,
    Aug. 8, 2005, 119 Stat. 1061, which enacted subchapter XIII of this
    chapter and section 13557 of this title. For complete
    classification of title XIV to the Code, see Tables.

-End-



-CITE-
    42 USC Sec. 15974                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part B - Clean Power Projects

-HEAD-
    Sec. 15974. Coal gasification

-STATUTE-
      The Secretary is authorized to provide loan guarantees for a
    project to produce energy from a plant using integrated
    gasification combined cycle technology of at least 400 megawatts in
    capacity that produces power at competitive rates in deregulated
    energy generation markets and that does not receive any subsidy
    (direct or indirect) from ratepayers.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 414, Aug. 8, 2005, 119 Stat. 755.)

-End-



-CITE-
    42 USC Sec. 15975                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part B - Clean Power Projects

-HEAD-
    Sec. 15975. Petroleum coke gasification

-STATUTE-
      The Secretary is authorized to provide loan guarantees for at
    least 5 petroleum coke gasification projects.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 415, Aug. 8, 2005, 119 Stat. 756.)

-End-



-CITE-
    42 USC Sec. 15976                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part B - Clean Power Projects

-HEAD-
    Sec. 15976. Electron scrubbing demonstration

-STATUTE-
      The Secretary shall use $5,000,000 from amounts appropriated to
    initiate, through the Chicago Operations Office, a project to
    demonstrate the viability of high-energy electron scrubbing
    technology on commercial-scale electrical generation using high-
    sulfur coal.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 416, Aug. 8, 2005, 119 Stat. 756.)

-End-



-CITE-
    42 USC Sec. 15977                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part B - Clean Power Projects

-HEAD-
    Sec. 15977. Department of Energy transportation fuels from Illinois
      basin coal

-STATUTE-
    (a) In general
      The Secretary shall carry out a program to evaluate the
    commercial and technical viability of advanced technologies for the
    production of Fischer-Tropsch transportation fuels, and other
    transportation fuels, manufactured from Illinois basin coal,
    including the capital modification of existing facilities and the
    construction of testing facilities under subsection (b).
    (b) Facilities
      For the purpose of evaluating the commercial and technical
    viability of different processes for producing Fischer-Tropsch
    transportation fuels, and other transportation fuels, from Illinois
    basin coal, the Secretary shall support the use and capital
    modification of existing facilities and the construction of new
    facilities at - 
        (1) Southern Illinois University Coal Research Center;
        (2) University of Kentucky Center for Applied Energy Research;
      and
        (3) Energy Center at Purdue University.
    (c) Gasification products test center
      In conjunction with the activities described in subsections (a)
    and (b), the Secretary shall construct a test center to evaluate
    and confirm liquid and gas products from syngas catalysis in order
    that the system has an output of at least 500 gallons of Fischer-
    Tropsch transportation fuel per day in a 24-hour operation.
    (d) Milestones
      (1) Selection of processes
        Not later than 180 days after August 8, 2005, the Secretary
      shall select processes for evaluating the commercial and
      technical viability of different processes of producing Fischer-
      Tropsch transportation fuels, and other transportation fuels,
      from Illinois basin coal.
      (2) Agreements
        Not later than 1 year after August 8, 2005, the Secretary shall
      offer to enter into agreements - 
          (A) to carry out the activities described in this section, at
        the facilities described in subsection (b); and
          (B) for the capital modifications or construction of the
        facilities at the locations described in subsection (b).
      (3) Evaluations
        Not later than 3 years after August 8, 2005, the Secretary
      shall begin, at the facilities described in subsection (b),
      evaluation of the technical and commercial viability of different
      processes of producing Fischer-Tropsch transportation fuels, and
      other transportation fuels, from Illinois basin coal.
      (4) Construction of facilities
        (A) In general
          The Secretary shall construct the facilities described in
        subsection (b) at the lowest cost practicable.
        (B) Grants or agreements
          The Secretary may make grants or enter into agreements or
        contracts with the institutions of higher education described
        in subsection (b).
    (e) Cost sharing
      The cost of making grants under this section shall be shared in
    accordance with section 16352 of this title.
    (f) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $85,000,000 for the period of fiscal years 2006 through 2010.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 417, Aug. 8, 2005, 119 Stat. 756.)

-End-


-CITE-
    42 USC Part C - Federal Coal Leases                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part C - Federal Coal Leases

-HEAD-
                       PART C - FEDERAL COAL LEASES                   

-End-



-CITE-
    42 USC Sec. 15991                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IV - COAL
    Part C - Federal Coal Leases

-HEAD-
    Sec. 15991. Inventory requirement

-STATUTE-
    (a) Review of assessments
      (1) In general
        The Secretary of the Interior, in consultation with the
      Secretary of Agriculture and the Secretary, shall review coal
      assessments and other available data to identify - 
          (A) Federal lands with coal resources that are available for
        development;
          (B) the extent and nature of any restrictions on the
        development of coal resources on Federal lands identified under
        paragraph (1); and
          (C) with respect to areas of such lands for which sufficient
        data exists, resources of compliant coal and supercompliant
        coal.
      (2) Definitions
        For purposes of this subsection - 
          (A) the term "compliant coal" means coal that contains not
        less than 1.0 and not more than 1.2 pounds of sulfur dioxide
        per million Btu; and
          (B) the term "supercompliant coal" means coal that contains
        less than 1.0 pounds of sulfur dioxide per million Btu.
    (b) Completion and updating of the inventory
      The Secretary - 
        (1) shall complete the inventory under subsection (a) by not
      later than 2 years after August 8, 2005; and
        (2) shall update the inventory as the availability of data and
      developments in technology warrant.
    (c) Report
      The Secretary shall submit to the Committee on Resources of the
    House of Representatives and to the Committee on Energy and Natural
    Resources of the Senate and make publicly available - 
        (1) a report containing the inventory under this section, by
      not later than 2 years after the effective date of this section;
      and
        (2) each update of such inventory.

-SOURCE-
    (Pub. L. 109-58, title IV, Sec. 437, Aug. 8, 2005, 119 Stat. 762.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this section, referred to in subsec.
    (c)(1), probably means the date of enactment of Pub. L. 109-58,
    which enacted this section.


-MISC1-
                                SHORT TITLE                            
      For short title of subtitle D of title IV of Pub. L. 109-58,
    which enacted this part, as the "Coal Leasing Amendments Act of
    2005", see section 431 of Pub. L. 109-58, set out as a note under
    section 15801 of this title.

-End-


-CITE-
    42 USC SUBCHAPTER V - INDIAN ENERGY                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER V - INDIAN ENERGY

-HEAD-
                       SUBCHAPTER V - INDIAN ENERGY                   

-End-



-CITE-
    42 USC Sec. 16001                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER V - INDIAN ENERGY

-HEAD-
    Sec. 16001. Energy efficiency in federally assisted housing

-STATUTE-
      The Secretary of Housing and Urban Development shall promote
    energy conservation in housing that is located on Indian land and
    assisted with Federal resources through - 
        (1) the use of energy-efficient technologies and innovations
      (including the procurement of energy-efficient refrigerators and
      other appliances);
        (2) the promotion of shared savings contracts; and
        (3) the use and implementation of such other similar
      technologies and innovations as the Secretary of Housing and
      Urban Development considers to be appropriate.

-SOURCE-
    (Pub. L. 109-58, title V, Sec. 506(a), Aug. 8, 2005, 119 Stat.
    779.)


-MISC1-
                                SHORT TITLE                            
      For short title of title V of Pub. L. 109-58, which enacted this
    subchapter, as the "Indian Tribal Energy Development and Self-
    Determination Act of 2005", see section 501 of Pub. L. 109-58, set
    out as a note under section 15801 of this title.

-End-


-CITE-
    42 USC SUBCHAPTER VI - NUCLEAR MATTERS                      01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS

-HEAD-
                      SUBCHAPTER VI - NUCLEAR MATTERS                  

-End-


-CITE-
    42 USC Part A - General Nuclear Matters                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part A - General Nuclear Matters

-HEAD-
                     PART A - GENERAL NUCLEAR MATTERS                 

-End-



-CITE-
    42 USC Sec. 16011                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part A - General Nuclear Matters

-HEAD-
    Sec. 16011. Demonstration hydrogen production at existing nuclear
      power plants

-STATUTE-
    (a) Demonstration projects
      The Secretary shall provide for the establishment of 2 projects
    in geographic areas that are regionally and climatically diverse to
    demonstrate the commercial production of hydrogen at existing
    nuclear power plants.
    (b) Economic analysis
      Prior to making an award under subsection (a), the Secretary
    shall determine whether the use of existing nuclear power plants is
    a cost-effective means of producing hydrogen.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for the
    purposes of carrying out this section not more than $100,000,000.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 634, Aug. 8, 2005, 119 Stat. 790.)

-End-



-CITE-
    42 USC Sec. 16012                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part A - General Nuclear Matters

-HEAD-
    Sec. 16012. Prohibition on assumption by United States Government
      of liability for certain foreign incidents

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law, no officer of the
    United States or of any department, agency, or instrumentality of
    the United States Government may enter into any contract or other
    arrangement, or into any amendment or modification of a contract or
    other arrangement, the purpose or effect of which would be to
    directly or indirectly impose liability on the United States
    Government, or any department, agency, or instrumentality of the
    United States Government, or to otherwise directly or indirectly
    require an indemnity by the United States Government, for nuclear
    incidents occurring in connection with the design, construction, or
    operation of a production facility or utilization facility in any
    country whose government has been identified by the Secretary of
    State as engaged in state sponsorship of terrorist activities
    (specifically including any country the government of which, as of
    September 11, 2001, had been determined by the Secretary of State
    under section 2371(a) of title 22, section 2405(j)(1) of title 50,
    Appendix, or section 2780(d) of title 22 to have repeatedly
    provided support for acts of international terrorism). This section
    shall not apply to nuclear incidents occurring as a result of
    missions, carried out under the direction of the Secretary, the
    Secretary of Defense, or the Secretary of State, that are necessary
    to safely secure, store, transport, or remove nuclear materials for
    nuclear safety or nonproliferation purposes.
    (b) Definitions
      The terms used in this section shall have the same meaning as
    those terms have under section 2014 of this title, unless otherwise
    expressly provided in this section.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 635, Aug. 8, 2005, 119 Stat. 790.)

-End-



-CITE-
    42 USC Sec. 16013                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part A - General Nuclear Matters

-HEAD-
    Sec. 16013. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated such sums as are
    necessary to carry out this subtitle and the amendments made by
    this subtitle.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 636, Aug. 8, 2005, 119 Stat. 791.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in text, is subtitle B (Secs. 621-639)
    of title VI of Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 782, which
    enacted this part and sections 2015b, 2210c, and 5853 of this
    title, amended sections 2133, 2135, 2158, 2160d, 2201, 2210a, 2214,
    2297h-8, and 5851 of this title, repealed section 2213 of this
    title, and enacted provisions set out as notes under sections 2158
    and 2214 of this title. For complete classification of this
    subtitle to the Code, see Tables.

-End-



-CITE-
    42 USC Sec. 16014                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part A - General Nuclear Matters

-HEAD-
    Sec. 16014. Standby support for certain nuclear plant delays

-STATUTE-
    (a) Definitions
      In this section:
      (1) Advanced nuclear facility
        The term "advanced nuclear facility" means any nuclear facility
      the reactor design for which is approved after December 31, 1993,
      by the Commission (and such design or a substantially similar
      design of comparable capacity was not approved on or before that
      date).
      (2) Combined license
        The term "combined license" means a combined construction and
      operating license for an advanced nuclear facility issued by the
      Commission.
      (3) Commission
        The term "Commission" means the Nuclear Regulatory Commission.
      (4) Sponsor
        The term "sponsor" means a person who has applied for or been
      granted a combined license.
    (b) Contract authority
      (1) In general
        The Secretary may enter into contracts under this section with
      sponsors of an advanced nuclear facility that cover a total of 6
      reactors, with the 6 reactors consisting of not more than 3
      different reactor designs, in accordance with paragraph (2).
      (2) Requirement for contracts
        (A) Definition of loan cost
          In this paragraph, the term "loan cost" has the meaning given
        the term "cost of a loan guarantee" under section 661a(5)(C) of
        title 2.
        (B) Establishment of accounts
          There is established in the Department 2 separate accounts,
        which shall be known as the - 
            (i) "Standby Support Program Account"; and
            (ii) "Standby Support Grant Account".
        (C) Requirement
          The Secretary shall not enter into a contract under this
        section unless the Secretary deposits - 
            (i) in the Standby Support Program Account established
          under subparagraph (B), funds appropriated to the Secretary
          in advance of the contract or a combination of appropriated
          funds and loan guarantee fees that are in an amount
          sufficient to cover the loan costs described in subsection
          (d)(5)(A); and
            (ii) in the Standby Support Grant Account established under
          subparagraph (B), funds appropriated to the Secretary in
          advance of the contract, paid to the Secretary by the sponsor
          of the advanced nuclear facility, or a combination of
          appropriations and payments that are in an amount sufficient
          (!1) cover the costs described in subparagraphs (B), (C), and
          (D) of subsection (d)(5).

    (c) Covered delays
      (1) Inclusions
        Under each contract authorized by this section, the Secretary
      shall pay the costs specified in subsection (d), using funds
      appropriated or collected for the covered costs, if full power
      operation of the advanced nuclear facility is delayed by - 
          (A) the failure of the Commission to comply with schedules
        for review and approval of inspections, tests, analyses, and
        acceptance criteria established under the combined license or
        the conduct of preoperational hearings by the Commission for
        the advanced nuclear facility; or
          (B) litigation that delays the commencement of full-power
        operations of the advanced nuclear facility.
      (2) Exclusions
        The Secretary may not enter into any contract under this
      section that would obligate the Secretary to pay any costs
      resulting from - 
          (A) the failure of the sponsor to take any action required by
        law or regulation;
          (B) events within the control of the sponsor; or
          (C) normal business risks.
    (d) Covered costs
      (1) In general
        Subject to paragraphs (2), (3), and (4), the costs that shall
      be paid by the Secretary pursuant to a contract entered into
      under this section are the costs that result from a delay covered
      by the contract.
      (2) Initial 2 reactors
        In the case of the first 2 reactors that receive combined
      licenses and on which construction is commenced, the Secretary
      shall pay - 
          (A) 100 percent of the covered costs of delay; but
          (B) not more than $500,000,000 per contract.
      (3) Subsequent 4 reactors
        In the case of the next 4 reactors that receive a combined
      license and on which construction is commenced, the Secretary
      shall pay - 
          (A) 50 percent of the covered costs of delay that occur after
        the initial 180-day period of covered delay; but
          (B) not more than $250,000,000 per contract.
      (4) Conditions on payment of certain covered costs
        (A) In general
          The obligation of the Secretary to pay the covered costs
        described in subparagraph (B) of paragraph (5) is subject to
        the Secretary receiving from appropriations or payments from
        other non-Federal sources amounts sufficient to pay the covered
        costs.
        (B) Non-Federal sources
          The Secretary may receive and accept payments from any non-
        Federal source, which shall be made available without further
        appropriation for the payment of the covered costs.
      (5) Types of covered costs
        Subject to paragraphs (2), (3), and (4), the contract entered
      into under this section for an advanced nuclear facility shall
      include as covered costs those costs that result from a delay
      during construction and in gaining approval for fuel loading and
      full-power operation, including - 
          (A) principal or interest on any debt obligation of an
        advanced nuclear facility owned by a non-Federal entity; and
          (B) the incremental difference between - 
            (i) the fair market price of power purchased to meet the
          contractual supply agreements that would have been met by the
          advanced nuclear facility but for the delay; and
            (ii) the contractual price of power from the advanced
          nuclear facility subject to the delay.
    (e) Requirements
      Any contract between a sponsor and the Secretary covering an
    advanced nuclear facility under this section shall require the
    sponsor to use due diligence to shorten, and to end, the delay
    covered by the contract.
    (f) Reports
      For each advanced nuclear facility that is covered by a contract
    under this section, the Commission shall submit to Congress and the
    Secretary quarterly reports summarizing the status of licensing
    actions associated with the advanced nuclear facility.
    (g) Regulations
      (1) In general
        Subject to paragraphs (2) and (3), the Secretary shall issue
      such regulations as are necessary to carry out this section.
      (2) Interim final rulemaking
        Not later than 270 days after August 8, 2005, the Secretary
      shall issue for public comment an interim final rule regulating
      contracts authorized by this section.
      (3) Notice of final rulemaking
        Not later than 1 year after August 8, 2005, the Secretary shall
      issue a notice of final rulemaking regulating the contracts.
    (h) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 638, Aug. 8, 2005, 119 Stat. 791.)

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "to".


-End-


-CITE-
    42 USC Part B - Next Generation Nuclear Plant Project       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part B - Next Generation Nuclear Plant Project

-HEAD-
              PART B - NEXT GENERATION NUCLEAR PLANT PROJECT          

-End-



-CITE-
    42 USC Sec. 16021                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part B - Next Generation Nuclear Plant Project

-HEAD-
    Sec. 16021. Project establishment

-STATUTE-
    (a) Establishment
      The Secretary shall establish a project to be known as the "Next
    Generation Nuclear Plant Project" (referred to in this part as the
    "Project").
    (b) Content
      The Project shall consist of the research, development, design,
    construction, and operation of a prototype plant, including a
    nuclear reactor that - 
        (1) is based on research and development activities supported
      by the Generation IV Nuclear Energy Systems Initiative under
      section 16272(d) (!1) of this title; and

        (2) shall be used - 
          (A) to generate electricity;
          (B) to produce hydrogen; or
          (C) both to generate electricity and to produce hydrogen.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 641, Aug. 8, 2005, 119 Stat. 794.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 16272(d) of this title, referred to in subsec. (b)(1),
    was in the original a reference to section 942(d) of Pub. L. 109-
    58, which is classified to section 16251(d) of this title but was
    translated as meaning section 952(d) of Pub. L. 109-58 to reflect
    the probable intent of Congress, because section 952(d) relates to
    Generation IV Nuclear Energy Systems Initiative and section 942(d)
    relates to limitations on production incentives for cellulosic
    biofuels.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 16022                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part B - Next Generation Nuclear Plant Project

-HEAD-
    Sec. 16022. Project management

-STATUTE-
    (a) Departmental management
      (1) In general
        The Project shall be managed in the Department by the Office of
      Nuclear Energy, Science, and Technology.
      (2) Generation IV Nuclear Energy Systems program
        The Secretary may combine the Project with the Generation IV
      Nuclear Energy Systems Initiative.
      (3) Existing DOE project management expertise
        The Secretary may utilize capabilities for review of
      construction projects for advanced scientific facilities within
      the Office of Science to track the progress of the Project.
    (b) Laboratory management
      (1) Lead Laboratory
        The Idaho National Laboratory shall be the lead National
      Laboratory for the Project and shall collaborate with other
      National Laboratories, institutions of higher education, other
      research institutes, industrial researchers, and international
      researchers to carry out the Project.
      (2) Industrial partnerships
        (A) In general
          The Idaho National Laboratory shall organize a consortium of
        appropriate industrial partners that will carry out cost-shared
        research, development, design, and construction activities, and
        operate research facilities, on behalf of the Project.
        (B) Cost-sharing
          Activities of industrial partners funded by the Project shall
        be cost-shared in accordance with section 16352 of this title.
        (C) Preference
          Preference in determining the final structure of the
        consortium or any partnerships under this part shall be given
        to a structure (including designating as a lead industrial
        partner an entity incorporated in the United States) that
        retains United States technological leadership in the Project
        while maximizing cost sharing opportunities and minimizing
        Federal funding responsibilities.
      (3) Prototype plant siting
        The prototype nuclear reactor and associated plant shall be
      sited at the Idaho National Laboratory in Idaho.
      (4) Reactor test capabilities
        The Project shall use, if appropriate, reactor test
      capabilities at the Idaho National Laboratory.
      (5) Other Laboratory capabilities
        The Project may use, if appropriate, facilities at other
      National Laboratories.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 642, Aug. 8, 2005, 119 Stat. 795.)

-End-



-CITE-
    42 USC Sec. 16023                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part B - Next Generation Nuclear Plant Project

-HEAD-
    Sec. 16023. Project organization

-STATUTE-
    (a) Major project elements
      The Project shall consist of the following major program
    elements:
        (1) High-temperature hydrogen production technology development
      and validation.
        (2) Energy conversion technology development and validation.
        (3) Nuclear fuel development, characterization, and
      qualification.
        (4) Materials selection, development, testing, and
      qualification.
        (5) Reactor and balance-of-plant design, engineering, safety
      analysis, and qualification.
    (b) Project phases
      The Project shall be conducted in the following phases:
      (1) First project phase
        A first project phase shall be conducted to - 
          (A) select and validate the appropriate technology under
        subsection (a)(1);
          (B) carry out enabling research, development, and
        demonstration activities on technologies and components under
        paragraphs (2) through (4) of subsection (a);
          (C) determine whether it is appropriate to combine
        electricity generation and hydrogen production in a single
        prototype nuclear reactor and plant; and
          (D) carry out initial design activities for a prototype
        nuclear reactor and plant, including development of design
        methods and safety analytical methods and studies under
        subsection (a)(5).
      (2) Second project phase
        A second project phase shall be conducted to - 
          (A) continue appropriate activities under paragraphs (1)
        through (5) of subsection (a);
          (B) develop, through a competitive process, a final design
        for the prototype nuclear reactor and plant;
          (C) apply for licenses to construct and operate the prototype
        nuclear reactor from the Nuclear Regulatory Commission; and
          (D) construct and start up operations of the prototype
        nuclear reactor and its associated hydrogen or electricity
        production facilities.
    (c) Project requirements
      (1) In general
        The Secretary shall ensure that the Project is structured so as
      to maximize the technical interchange and transfer of
      technologies and ideas into the Project from other sources of
      relevant expertise, including - 
          (A) the nuclear power industry, including nuclear powerplant
        construction firms, particularly with respect to issues
        associated with plant design, construction, and operational and
        safety issues;
          (B) the chemical processing industry, particularly with
        respect to issues relating to - 
            (i) the use of process energy for production of hydrogen;
          and
            (ii) the integration of technologies developed by the
          Project into chemical processing environments; and

          (C) international efforts in areas related to the Project,
        particularly with respect to hydrogen production technologies.
      (2) International collaboration
        (A) In general
          The Secretary shall seek international cooperation,
        participation, and financial contributions for the Project.
        (B) Assistance from international partners
          The Secretary, through the Idaho National Laboratory, may
        contract for assistance from specialists or facilities from
        member countries of the Generation IV International Forum, the
        Russian Federation, or other international partners if the
        specialists or facilities provide access to cost-effective and
        relevant skills or test capabilities.
        (C) Partner nations
          The Project may involve demonstration of selected project
        objectives in a partner country.
        (D) Generation IV International Forum
          The Secretary shall ensure that international activities of
        the Project are coordinated with the Generation IV
        International Forum.
      (3) Review by Nuclear Energy Research Advisory Committee
        (A) In general
          The Nuclear Energy Research Advisory Committee of the
        Department (referred to in this paragraph as the "NERAC") shall
        - 
            (i) review all program plans for the Project and all
          progress under the Project on an ongoing basis; and
            (ii) ensure that important scientific, technical, safety,
          and program management issues receive attention in the
          Project and by the Secretary.
        (B) Additional expertise
          The NERAC shall supplement the expertise of the NERAC or
        appoint subpanels to incorporate into the review by the NERAC
        the relevant sources of expertise described under paragraph
        (1).
        (C) Initial review
          Not later than 180 days after August 8, 2005, the NERAC shall
        - 
            (i) review existing program plans for the Project in light
          of the recommendations of the document entitled "Design
          Features and Technology Uncertainties for the Next Generation
          Nuclear Plant," dated June 30, 2004; and
            (ii) address any recommendations of the document not
          incorporated in program plans for the Project.
        (D) First project phase review
          On a determination by the Secretary that the appropriate
        activities under the first project phase under subsection
        (b)(1) are nearly complete, the Secretary shall request the
        NERAC to conduct a comprehensive review of the Project and to
        report to the Secretary the recommendation of the NERAC
        concerning whether the Project is ready to proceed to the
        second project phase under subsection (b)(2).
        (E) Transmittal of reports to Congress
          Not later than 60 days after receiving any report from the
        NERAC related to the Project, the Secretary shall submit to the
        appropriate committees of the Senate and the House of
        Representatives a copy of the report, along with any additional
        views of the Secretary that the Secretary may consider
        appropriate.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 643, Aug. 8, 2005, 119 Stat. 795.)

-End-



-CITE-
    42 USC Sec. 16024                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part B - Next Generation Nuclear Plant Project

-HEAD-
    Sec. 16024. Nuclear Regulatory Commission

-STATUTE-
    (a) In general
      In accordance with section 5842 of this title, the Nuclear
    Regulatory Commission shall have licensing and regulatory authority
    for any reactor authorized under this part.
    (b) Licensing strategy
      Not later than 3 years after August 8, 2005, the Secretary and
    the Chairman of the Nuclear Regulatory Commission shall jointly
    submit to the appropriate committees of the Senate and the House of
    Representatives a licensing strategy for the prototype nuclear
    reactor, including - 
        (1) a description of ways in which current licensing
      requirements relating to light-water reactors need to be adapted
      for the types of prototype nuclear reactor being considered by
      the Project;
        (2) a description of analytical tools that the Nuclear
      Regulatory Commission will have to develop to independently
      verify designs and performance characteristics of components,
      equipment, systems, or structures associated with the prototype
      nuclear reactor;
        (3) other research or development activities that may be
      required on the part of the Nuclear Regulatory Commission in
      order to review a license application for the prototype nuclear
      reactor; and
        (4) an estimate of the budgetary requirements associated with
      the licensing strategy.
    (c) Ongoing interaction
      The Secretary shall seek the active participation of the Nuclear
    Regulatory Commission throughout the duration of the Project to - 
        (1) avoid design decisions that will compromise adequate safety
      margins in the design of the reactor or impair the accessibility
      of nuclear safety-related components of the prototype reactor for
      inspection and maintenance;
        (2) develop tools to facilitate inspection and maintenance
      needed for safety purposes; and
        (3) develop risk-based criteria for any future commercial
      development of a similar reactor architectures.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 644, Aug. 8, 2005, 119 Stat. 797.)

-End-



-CITE-
    42 USC Sec. 16025                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part B - Next Generation Nuclear Plant Project

-HEAD-
    Sec. 16025. Project timelines and authorization of appropriations

-STATUTE-
    (a) Target date to complete the first project phase
      Not later than September 30, 2011, the Secretary shall - 
        (1) select the technology to be used by the Project for high-
      temperature hydrogen production and the initial design
      parameters for the prototype nuclear plant; or
        (2) submit to Congress a report establishing an alternative
      date for making the selection.
    (b) Design competition for second project phase
      (1) In general
        The Secretary, acting through the Idaho National Laboratory,
      shall fund not more than 4 teams for not more than 2 years to
      develop detailed proposals for competitive evaluation and
      selection of a single proposal for a final design of the
      prototype nuclear reactor.
      (2) Systems integration
        The Secretary may structure Project activities in the second
      project phase to use the lead industrial partner of the
      competitively selected design under paragraph (1) in a systems
      integration role for final design and construction of the
      Project.
    (c) Target date to complete project construction
      Not later than September 30, 2021, the Secretary shall - 
        (1) complete construction and begin operations of the prototype
      nuclear reactor and associated energy or hydrogen facilities; or
        (2) submit to Congress a report establishing an alternative
      date for completion.
    (d) Authorization of appropriations
      There is authorized to be appropriated to the Secretary for
    research and construction activities under this part (including for
    transfer to the Nuclear Regulatory Commission for activities under
    section 16024 of this title as appropriate) - 
        (1) $1,250,000,000 for the period of fiscal years 2006 through
      2015; and
        (2) such sums as are necessary for each of fiscal years 2016
      through 2021.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 645, Aug. 8, 2005, 119 Stat. 798.)

-End-


-CITE-
    42 USC Part C - Nuclear Security                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part C - Nuclear Security

-HEAD-
                         PART C - NUCLEAR SECURITY                     

-End-



-CITE-
    42 USC Sec. 16041                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part C - Nuclear Security

-HEAD-
    Sec. 16041. Nuclear facility and materials security

-STATUTE-
    (a) In general
      (1), (2) Omitted
      (3) Federal security coordinators
        (A) Regional offices
          Not later than 18 months after August 8, 2005, the Nuclear
        Regulatory Commission (referred to in this section as the
        "Commission") shall assign a Federal security coordinator,
        under the employment of the Commission, to each region of the
        Commission.
        (B) Responsibilities
          The Federal security coordinator shall be responsible for - 
            (i) communicating with the Commission and other Federal,
          State, and local authorities concerning threats, including
          threats against such classes of facilities as the Commission
          determines to be appropriate;
            (ii) monitoring such classes of facilities as the
          Commission determines to be appropriate to ensure that they
          maintain security consistent with the security plan in
          accordance with the appropriate threat level; and
            (iii) assisting in the coordination of security measures
          among the private security forces at such classes of
          facilities as the Commission determines to be appropriate and
          Federal, State, and local authorities, as appropriate.
    (b) Backup power for certain emergency notification systems
      For any licensed nuclear power plants located where there is a
    permanent population, as determined by the 2000 decennial census,
    in excess of 15,000,000 within a 50-mile radius of the power plant,
    not later than 18 months after August 8, 2005, the Commission shall
    require that backup power to be available for the emergency
    notification system of the power plant, including the emergency
    siren warning system, if the alternating current supply within the
    10-mile emergency planning zone of the power plant is lost.
    (c), (d) Omitted
    (e) Final regulations; waivers
      (1) to (3) Omitted
      (4) Final regulations
        (A) Regulations
          (i) In general
            Not later than 18 months after August 8, 2005, the
          Commission, after consultation with States and other
          stakeholders, shall issue final regulations establishing such
          requirements as the Commission determines to be necessary to
          carry out this section and the amendments made by this
          section.
          (ii) Inclusions
            The regulations shall include a definition of the term
          "discrete source" for purposes of paragraphs (3) and (4) of
          section 2014(e) of this title.
        (B) Cooperation
          In promulgating regulations under paragraph (1),(!1) the
        Commission shall, to the maximum extent practicable - 

            (i) cooperate with States; and
            (ii) use model State standards in existence on August 8,
          2005.
        (C) Transition plan
          (i) Definition of byproduct material
            In this paragraph, the term "byproduct material" has the
          meaning given the term in paragraphs (3) and (4) of section
          2014(e) of this title.
          (ii) Preparation and publication
            To facilitate an orderly transition of regulatory authority
          with respect to byproduct material, the Commission, in
          issuing regulations under subparagraph (A), shall prepare and
          publish a transition plan for - 
              (I) States that have not, before the date on which the
            plan is published, entered into an agreement with the
            Commission under section 2021(b) of this title; and
              (II) States that have entered into an agreement with the
            Commission under that section before the date on which the
            plan is published.
          (iii) Inclusions
            The transition plan under clause (ii) shall include - 
              (I) a description of the conditions under which a State
            may exercise authority over byproduct material; and
              (II) a statement of the Commission that any agreement
            covering byproduct material, as defined in paragraph (1) or
            (2) of section 2014(e) of this title, entered into between
            the Commission and a State under section 2021(b) of this
            title before the date of publication of the transition plan
            shall be considered to include byproduct material, as
            defined in paragraph (3) or (4) of section 2014(e) of this
            title, if the Governor of the State certifies to the
            Commission on the date of publication of the transition
            plan that - 
                (aa) the State has a program for licensing byproduct
              material, as defined in paragraph (3) or (4) of section
              2014(e) of this title, that is adequate to protect the
              public health and safety, as determined by the
              Commission; and
                (bb) the State intends to continue to implement the
              regulatory responsibility of the State with respect to
              the byproduct material.
        (D) Availability of radiopharmaceuticals
          In promulgating regulations under subparagraph (A), the
        Commission shall consider the impact on the availability of
        radiopharmaceuticals to - 
            (i) physicians; and
            (ii) patients the medical treatment of which relies on
          radiopharmaceuticals.
      (5) Waivers
        (A) In general
          Except as provided in subparagraph (B), the Commission may
        grant a waiver to any entity of any requirement under this
        section or an amendment made by this section with respect to a
        matter relating to byproduct material (as defined in paragraphs
        (3) and (4) of section 2014(e) of this title) if the Commission
        determines that the waiver is in accordance with the protection
        of the public health and safety and the promotion of the common
        defense and security.
        (B) Exceptions
          (i) In general
            The Commission may not grant a waiver under subparagraph
          (A) with respect to - 
              (I) any requirement under the amendments made by
            subsection (c)(1);
              (II) a matter relating to an importation into, or
            exportation from, the United States for a period ending
            after the date that is 1 year after August 8, 2005; or
              (III) any other matter for a period ending after the date
            that is 4 years after August 8, 2005.
          (ii) Waivers to States
            The Commission shall terminate any waiver granted to a
          State under subparagraph (A) if the Commission determines
          that - 
              (I) the State has entered into an agreement with the
            Commission under section 2021(b) of this title;
              (II) the agreement described in subclause (I) covers
            byproduct material (as described in paragraph (3) or (4) of
            section 2014(e) of this title); and
              (III) the program of the State for licensing such
            byproduct material is adequate to protect the public health
            and safety.
        (C) Publication
          The Commission shall publish in the Federal Register a notice
        of any waiver granted under this subsection.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 651, Aug. 8, 2005, 119 Stat. 799.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For references to "the amendments made by this section", "an
    amendment made by this section", and "the amendments made by
    subsection (c)(1)", appearing in subsecs. (e)(4)(A)(i), (e)(5)(A),
    and (e)(5)(B)(i)(I), respectively, see Codification note below.

-COD-
                               CODIFICATION                           
      Section is comprised of section 651 of Pub. L. 109-58. Subsec.
    (a)(1), (2) of section 651 of Pub. L. 109-58 enacted sections 2210d
    and 2210e of this title, subsec. (c)(1) of section 651 of Pub. L.
    109-58 amended section 2051 of this title, subsecs. (c)(2) to (5)
    and (d) of section 651 of Pub. L. 109-58 enacted sections 2210f to
    2210h and 2015c of this title, and subsec. (e)(1) to (3) of section
    651 of Pub. L. 109-58 amended sections 2014, 2021, 2021b, and 2111
    of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "subparagraph (A),".


-End-



-CITE-
    42 USC Sec. 16042                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VI - NUCLEAR MATTERS
    Part C - Nuclear Security

-HEAD-
    Sec. 16042. Department of Homeland Security consultation

-STATUTE-
      Before issuing a license for a utilization facility, the Nuclear
    Regulatory Commission shall consult with the Department of Homeland
    Security concerning the potential vulnerabilities of the location
    of the proposed facility to terrorist attack.

-SOURCE-
    (Pub. L. 109-58, title VI, Sec. 657, Aug. 8, 2005, 119 Stat. 814.)

-End-


-CITE-
    42 USC SUBCHAPTER VII - VEHICLES AND FUELS                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS

-HEAD-
                    SUBCHAPTER VII - VEHICLES AND FUELS                

-End-


-CITE-
    42 USC Part A - Existing Programs                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part A - Existing Programs

-HEAD-
                        PART A - EXISTING PROGRAMS                    

-End-



-CITE-
    42 USC Sec. 16051                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part A - Existing Programs

-HEAD-
    Sec. 16051. Joint flexible fuel/hybrid vehicle commercialization
      initiative

-STATUTE-
    (a) Definitions
      In this section:
      (1) Eligible entity
        The term "eligible entity" means - 
          (A) a for-profit corporation;
          (B) a nonprofit corporation; or
          (C) an institution of higher education.
      (2) Program
        The term "program" means a program established under subsection
      (b).
    (b) Establishment
      The Secretary shall establish a program to improve technologies
    for the commercialization of - 
        (1) a combination hybrid/flexible fuel vehicle; or
        (2) a plug-in hybrid/flexible fuel vehicle.
    (c) Grants
      In carrying out the program, the Secretary shall provide grants
    that give preference to proposals that - 
        (1) achieve the greatest reduction in miles per gallon of
      petroleum fuel consumption;
        (2) achieve not less than 250 miles per gallon of petroleum
      fuel consumption; and
        (3) have the greatest potential of commercialization to the
      general public within 5 years.
    (d) Verification
      Not later than 90 days after August 8, 2005, the Secretary shall
    publish in the Federal Register procedures to verify - 
        (1) the hybrid/flexible fuel vehicle technologies to be
      demonstrated; and
        (2) that grants are administered in accordance with this
      section.
    (e) Report
      Not later than 260 days after August 8, 2005, and annually
    thereafter, the Secretary shall submit to Congress a report that - 
        (1) identifies the grant recipients;
        (2) describes the technologies to be funded under the program;
        (3) assesses the feasibility of the technologies described in
      paragraph (2) in meeting the goals described in subsection (c);
        (4) identifies applications submitted for the program that were
      not funded; and
        (5) makes recommendations for Federal legislation to achieve
      commercialization of the technology demonstrated.
    (f) Authorization of appropriations
      There are authorized to be appropriated to carry out this
    section, to remain available until expended - 
        (1) $3,000,000 for fiscal year 2006;
        (2) $7,000,000 for fiscal year 2007;
        (3) $10,000,000 for fiscal year 2008; and
        (4) $20,000,000 for fiscal year 2009.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 706, Aug. 8, 2005, 119 Stat. 817.)

-End-


-CITE-
    42 USC Part B - Hybrid Vehicles, Advanced Vehicles, and
                     Fuel Cell Buses                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses

-HEAD-
     PART B - HYBRID VEHICLES, ADVANCED VEHICLES, AND FUEL CELL BUSES 

-End-


-CITE-
    42 USC subpart 1 - hybrid vehicles                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
    subpart 1 - hybrid vehicles

-HEAD-
                        SUBPART 1 - HYBRID VEHICLES                    

-End-



-CITE-
    42 USC Sec. 16061                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
    subpart 1 - hybrid vehicles

-HEAD-
    Sec. 16061. Hybrid vehicles

-STATUTE-
      The Secretary shall accelerate efforts directed toward the
    improvement of batteries and other rechargeable energy storage
    systems, power electronics, hybrid systems integration, and other
    technologies for use in hybrid vehicles.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 711, Aug. 8, 2005, 119 Stat. 818.)

-End-



-CITE-
    42 USC Sec. 16062                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
    subpart 1 - hybrid vehicles

-HEAD-
    Sec. 16062. Efficient hybrid and advanced diesel vehicles

-STATUTE-
    (a) Program
      The Secretary shall establish a program to encourage domestic
    production and sales of efficient hybrid and advanced diesel
    vehicles. The program shall include grants to automobile
    manufacturers to encourage domestic production of efficient hybrid
    and advanced diesel vehicles.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section such sums as may be necessary for each of
    the fiscal years 2006 through 2015.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 712, Aug. 8, 2005, 119 Stat. 818.)

-End-


-CITE-
    42 USC subpart 2 - advanced vehicles                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
    subpart 2 - advanced vehicles

-HEAD-
                       SUBPART 2 - ADVANCED VEHICLES                   

-End-



-CITE-
    42 USC Sec. 16071                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
    subpart 2 - advanced vehicles

-HEAD-
    Sec. 16071. Pilot program

-STATUTE-
    (a) Establishment
      The Secretary, in consultation with the Secretary of
    Transportation, shall establish a competitive grant pilot program
    (referred to in this subpart as the "pilot program"), to be
    administered through the Clean Cities Program of the Department, to
    provide not more than 30 geographically dispersed project grants to
    State governments, local governments, or metropolitan
    transportation authorities to carry out a project or projects for
    the purposes described in subsection (b).
    (b) Grant purposes
      A grant under this section may be used for the following
    purposes:
        (1) The acquisition of alternative fueled vehicles or fuel cell
      vehicles, including - 
          (A) passenger vehicles (including neighborhood electric
        vehicles); and
          (B) motorized 2-wheel bicycles or other vehicles for use by
        law enforcement personnel or other State or local government or
        metropolitan transportation authority employees.

        (2) The acquisition of alternative fueled vehicles, hybrid
      vehicles, or fuel cell vehicles, including - 
          (A) buses used for public transportation or transportation to
        and from schools;
          (B) delivery vehicles for goods or services; and
          (C) ground support vehicles at public airports (including
        vehicles to carry baggage or push or pull airplanes toward or
        away from terminal gates).

        (3) The acquisition of ultra-low sulfur diesel vehicles.
        (4) Installation or acquisition of infrastructure necessary to
      directly support an alternative fueled vehicle, fuel cell
      vehicle, or hybrid vehicle project funded by the grant, including
      fueling and other support equipment.
        (5) Operation and maintenance of vehicles, infrastructure, and
      equipment acquired as part of a project funded by the grant.
    (c) Applications
      (1) Requirements
        (A) In general
          The Secretary shall issue requirements for applying for
        grants under the pilot program.
        (B) Minimum requirements
          At a minimum, the Secretary shall require that an application
        for a grant - 
            (i) be submitted by the head of a State or local government
          or a metropolitan transportation authority, or any
          combination thereof, and a registered participant in the
          Clean Cities Program of the Department; and
            (ii) include - 
              (I) a description of the project proposed in the
            application, including how the project meets the
            requirements of this subpart;
              (II) an estimate of the ridership or degree of use of the
            project;
              (III) an estimate of the air pollution emissions reduced
            and fossil fuel displaced as a result of the project, and a
            plan to collect and disseminate environmental data, related
            to the project to be funded under the grant, over the life
            of the project;
              (IV) a description of how the project will be sustainable
            without Federal assistance after the completion of the term
            of the grant;
              (V) a complete description of the costs of the project,
            including acquisition, construction, operation, and
            maintenance costs over the expected life of the project;
              (VI) a description of which costs of the project will be
            supported by Federal assistance under this subpart; and
              (VII) documentation to the satisfaction of the Secretary
            that diesel fuel containing sulfur at not more than 15
            parts per million is available for carrying out the
            project, and a commitment by the applicant to use such fuel
            in carrying out the project.
      (2) Partners
        An applicant under paragraph (1) may carry out a project under
      the pilot program in partnership with public and private
      entities.
    (d) Selection criteria
      In evaluating applications under the pilot program, the Secretary
    shall - 
        (1) consider each applicant's previous experience with similar
      projects; and
        (2) give priority consideration to applications that - 
          (A) are most likely to maximize protection of the
        environment;
          (B) demonstrate the greatest commitment on the part of the
        applicant to ensure funding for the proposed project and the
        greatest likelihood that the project will be maintained or
        expanded after Federal assistance under this subpart is
        completed; and
          (C) exceed the minimum requirements of subsection
        (c)(1)(B)(ii).
    (e) Pilot project requirements
      (1) Maximum amount
        The Secretary shall not provide more than $15,000,000 in
      Federal assistance under the pilot program to any applicant.
      (2) Cost sharing
        The Secretary shall not provide more than 50 percent of the
      cost, incurred during the period of the grant, of any project
      under the pilot program.
      (3) Maximum period of grants
        The Secretary shall not fund any applicant under the pilot
      program for more than 5 years.
      (4) Deployment and distribution
        The Secretary shall seek to the maximum extent practicable to
      ensure a broad geographic distribution of project sites.
      (5) Transfer of information and knowledge
        The Secretary shall establish mechanisms to ensure that the
      information and knowledge gained by participants in the pilot
      program are transferred among the pilot program participants and
      to other interested parties, including other applicants that
      submitted applications.
    (f) Schedule
      (1) Publication
        Not later than 90 days after August 8, 2005, the Secretary
      shall publish in the Federal Register, Commerce Business Daily,
      and elsewhere as appropriate, a request for applications to
      undertake projects under the pilot program. Applications shall be
      due not later than 180 days after the date of publication of the
      notice.
      (2) Selection
        Not later than 180 days after the date by which applications
      for grants are due, the Secretary shall select by competitive,
      peer reviewed proposal, all applications for projects to be
      awarded a grant under the pilot program.
    (g) Definitions
      For purposes of carrying out the pilot program, the Secretary
    shall issue regulations defining any term, as the Secretary
    determines to be necessary.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 721, Aug. 8, 2005, 119 Stat. 818.)

-End-



-CITE-
    42 USC Sec. 16072                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
    subpart 2 - advanced vehicles

-HEAD-
    Sec. 16072. Reports to Congress

-STATUTE-
    (a) Initial report
      Not later than 60 days after the date on which grants are awarded
    under this subpart, the Secretary shall submit to Congress a report
    containing - 
        (1) an identification of the grant recipients and a description
      of the projects to be funded;
        (2) an identification of other applicants that submitted
      applications for the pilot program; and
        (3) a description of the mechanisms used by the Secretary to
      ensure that the information and knowledge gained by participants
      in the pilot program are transferred among the pilot program
      participants and to other interested parties, including other
      applicants that submitted applications.
    (b) Evaluation
      Not later than 3 years after August 8, 2005, and annually
    thereafter until the pilot program ends, the Secretary shall submit
    to Congress a report containing an evaluation of the effectiveness
    of the pilot program, including - 
        (1) an assessment of the benefits to the environment derived
      from the projects included in the pilot program; and
        (2) an estimate of the potential benefits to the environment to
      be derived from widespread application of alternative fueled
      vehicles and ultra-low sulfur diesel vehicles.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 722, Aug. 8, 2005, 119 Stat. 820.)

-End-



-CITE-
    42 USC Sec. 16073                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
    subpart 2 - advanced vehicles

-HEAD-
    Sec. 16073. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary to carry
    out this subpart $200,000,000, to remain available until expended.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 723, Aug. 8, 2005, 119 Stat. 821.)

-End-


-CITE-
    42 USC subpart 3 - fuel cell buses                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
    subpart 3 - fuel cell buses

-HEAD-
                        SUBPART 3 - FUEL CELL BUSES                    

-End-



-CITE-
    42 USC Sec. 16081                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part B - Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
    subpart 3 - fuel cell buses

-HEAD-
    Sec. 16081. Fuel cell transit bus demonstration

-STATUTE-
    (a) In general
      The Secretary, in consultation with the Secretary of
    Transportation, shall establish a transit bus demonstration program
    to make competitive, merit-based awards for 5-year projects to
    demonstrate not more than 25 fuel cell transit buses (and necessary
    infrastructure) in 5 geographically dispersed localities.
    (b) Preference
      In selecting projects under this section, the Secretary shall
    give preference to projects that are most likely to mitigate
    congestion and improve air quality.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out this section $10,000,000 for each of fiscal years 2006 through
    2010.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 731, Aug. 8, 2005, 119 Stat. 821.)

-End-


-CITE-
    42 USC Part C - Clean School Buses                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part C - Clean School Buses

-HEAD-
                        PART C - CLEAN SCHOOL BUSES                    

-End-



-CITE-
    42 USC Sec. 16091                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part C - Clean School Buses

-HEAD-
    Sec. 16091. Clean school bus program (!1)

-STATUTE-


-STATUTE-
    (a) Definitions
      In this section:
      (1) Administrator
        The term "Administrator" means the Administrator of the
      Environmental Protection Agency.
      (2) Alternative fuel
        The term "alternative fuel" means - 
          (A) liquefied natural gas, compressed natural gas, liquefied
        petroleum gas, hydrogen, or propane;
          (B) methanol or ethanol at no less than 85 percent by volume;
        or
          (C) biodiesel conforming with standards published by the
        American Society for Testing and Materials as of August 8,
        2005.
      (3) Clean school bus
        The term "clean school bus" means a school bus with a gross
      vehicle weight of greater than 14,000 pounds that - 
          (A) is powered by a heavy duty engine; and
          (B) is operated solely on an alternative fuel or ultra-low
        sulfur diesel fuel.
      (4) Eligible recipient
        (A) In general
          Subject to subparagraph (B), the term "eligible recipient"
        means - 
            (i) 1 or more local or State governmental entities
          responsible for - 
              (I) providing school bus service to 1 or more public
            school systems; or
              (II) the purchase of school buses;

            (ii) 1 or more contracting entities that provide school bus
          service to 1 or more public school systems; or
            (iii) a nonprofit school transportation association.
        (B) Special requirements
          In the case of eligible recipients identified under clauses
        (ii) and (iii),(!2) the Administrator shall establish timely
        and appropriate requirements for notice and may establish
        timely and appropriate requirements for approval by the public
        school systems that would be served by buses purchased or
        retrofit using grant funds made available under this section.

      (5) Retrofit technology
        The term "retrofit technology" means a particulate filter or
      other emissions control equipment that is verified or certified
      by the Administrator or the California Air Resources Board as an
      effective emission reduction technology when installed on an
      existing school bus.
      (6) Ultra-low sulfur diesel fuel
        The term "ultra-low sulfur diesel fuel" means diesel fuel that
      contains sulfur at not more than 15 parts per million.
    (b) Program for retrofit or replacement of certain existing school
      buses with clean school buses
      (1) Establishment
        (A) In general
          The Administrator, in consultation with the Secretary and
        other appropriate Federal departments and agencies, shall
        establish a program for awarding grants on a competitive basis
        to eligible recipients for the replacement, or retrofit
        (including repowering, aftertreatment, and remanufactured
        engines) of, certain existing school buses.
        (B) Balancing
          In awarding grants under this section, the Administrator
        shall, to the maximum extent practicable, achieve an
        appropriate balance between awarding grants - 
            (i) to replace school buses; and
            (ii) to install retrofit technologies.
      (2) Priority of grant applications
        (A) Replacement
          In the case of grant applications to replace school buses,
        the Administrator shall give priority to applicants that
        propose to replace school buses manufactured before model year
        1977.
        (B) Retrofitting
          In the case of grant applications to retrofit school buses,
        the Administrator shall give priority to applicants that
        propose to retrofit school buses manufactured in or after model
        year 1991.
      (3) Use of school bus fleet
        (A) In general
          All school buses acquired or retrofitted with funds provided
        under this section shall be operated as part of the school bus
        fleet for which the grant was made for not less than 5 years.
        (B) Maintenance, operation, and fueling
          New school buses and retrofit technology shall be maintained,
        operated, and fueled according to manufacturer recommendations
        or State requirements.
      (4) Retrofit grants
        The Administrator may award grants for up to 100 percent of the
      retrofit technologies and installation costs.
      (5) Replacement grants
        (A) Eligibility for 50 percent grants
          The Administrator may award grants for replacement of school
        buses in the amount of up to one-half of the acquisition costs
        (including fueling infrastructure) for - 
            (i) clean school buses with engines manufactured in model
          year 2005 or 2006 that emit not more than - 
              (I) 1.8 grams per brake horsepower-hour of non-methane
            hydrocarbons and oxides of nitrogen; and
              (II) .01 grams per brake horsepower-hour of particulate
            matter; or

            (ii) clean school buses with engines manufactured in model
          year 2007, 2008, or 2009 that satisfy regulatory requirements
          established by the Administrator for emissions of oxides of
          nitrogen and particulate matter to be applicable for school
          buses manufactured in model year 2010.
        (B) Eligibility for 25 percent grants
          The Administrator may award grants for replacement of school
        buses in the amount of up to one-fourth of the acquisition
        costs (including fueling infrastructure) for - 
            (i) clean school buses with engines manufactured in model
          year 2005 or 2006 that emit not more than - 
              (I) 2.5 grams per brake horsepower-hour of non-methane
            hydrocarbons and oxides of nitrogen; and
              (II) .01 grams per brake horsepower-hour of particulate
            matter; or

            (ii) clean school buses with engines manufactured in model
          year 2007 or thereafter that satisfy regulatory requirements
          established by the Administrator for emissions of oxides of
          nitrogen and particulate matter from school buses
          manufactured in that model year.
      (6) Ultra-low sulfur diesel fuel
        (A) (!3) In general

          In the case of a grant recipient receiving a grant for the
        acquisition of ultra-low sulfur diesel fuel school buses with
        engines manufactured in model year 2005 or 2006, the grant
        recipient shall provide, to the satisfaction of the
        Administrator - 
            (i) documentation that diesel fuel containing sulfur at not
          more than 15 parts per million is available for carrying out
          the purposes of the grant; and
            (ii) a commitment by the applicant to use that fuel in
          carrying out the purposes of the grant.
      (7) Deployment and distribution
        The Administrator shall, to the maximum extent practicable - 
          (A) achieve nationwide deployment of clean school buses
        through the program under this section; and
          (B) ensure a broad geographic distribution of grant awards,
        with no State receiving more than 10 percent of the grant
        funding made available under this section during a fiscal year.
      (8) Annual report
        (A) (!3) In general
          Not later than January 31 of each year, the Administrator
        shall submit to Congress a report that - 
            (i) evaluates the implementation of this section; and
            (ii) describes - 
              (I) the total number of grant applications received;
              (II) the number and types of alternative fuel school
            buses, ultra-low sulfur diesel fuel school buses, and
            retrofitted buses requested in grant applications;
              (III) grants awarded and the criteria used to select the
            grant recipients;
              (IV) certified engine emission levels of all buses
            purchased or retrofitted under this section;
              (V) an evaluation of the in-use emission level of buses
            purchased or retrofitted under this section; and
              (VI) any other information the Administrator considers
            appropriate.
    (c) Education
      (1) In general
        Not later than 90 days after August 8, 2005, the Administrator
      shall develop an education outreach program to promote and
      explain the grant program.
      (2) Coordination with stakeholders
        The outreach program shall be designed and conducted in
      conjunction with national school bus transportation associations
      and other stakeholders.
      (3) Components
        The outreach program shall - 
          (A) inform potential grant recipients on the process of
        applying for grants;
          (B) describe the available technologies and the benefits of
        the technologies;
          (C) explain the benefits of participating in the grant
        program; and
          (D) include, as appropriate, information from the annual
        report required under subsection (b)(8).
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Administrator to
    carry out this section, to remain available until expended - 
        (1) $55,000,000 for each of fiscal years 2006 and 2007; and
        (2) such sums as are necessary for each of fiscal years 2008,
      2009, and 2010.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 741, Aug. 8, 2005, 119 Stat. 821.)

-FOOTNOTE-               

    (!1) This section is substantially identical to section 16091a
         of this title.

    (!2) So in original. Probably means clauses (ii) and (iii) of
         subparagraph (A).

    (!3) So in original. No subpar. (B) was enacted.


-End-



-CITE-
    42 USC Sec. 16091a                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part C - Clean School Buses

-HEAD-
    Sec. 16091a. Clean school bus program (!1)

-STATUTE-


-STATUTE-
    (a) Definitions
      In this section, the following definitions apply:
      (1) Administrator
        The term "Administrator" means the Administrator of the
      Environmental Protection Agency.
      (2) Alternative fuel
        The term "alternative fuel" means - 
          (A) liquefied natural gas, compressed natural gas, liquefied
        petroleum gas, hydrogen, or propane;
          (B) methanol or ethanol at no less than 85 percent by volume;
        or
          (C) biodiesel conforming with standards published by the
        American Society for Testing and Materials as of August 10,
        2005.
      (3) Clean school bus
        The term "clean school bus" means a school bus with a gross
      vehicle weight of greater than 14,000 pounds that - 
          (A) is powered by a heavy duty engine; and
          (B) is operated solely on an alternative fuel or ultra-low
        sulfur diesel fuel.
      (4) Eligible recipient
        (A) In general
          Subject to subparagraph (B), the term "eligible recipient"
        means - 
            (i) one or more local or State governmental entities
          responsible for providing school bus service to one or more
          public school systems or the purchase of school buses;
            (ii) one or more contracting entities that provide school
          bus service to one or more public school systems; or
            (iii) a nonprofit school transportation association.
        (B) Special requirements
          In the case of eligible recipients identified under clauses
        (ii) and (iii) of subparagraph (A), the Administrator shall
        establish timely and appropriate requirements for notice and
        may establish timely and appropriate requirements for approval
        by the public school systems that would be served by buses
        purchased or retrofit using grant funds made available under
        this section.
      (5) Retrofit technology
        The term "retrofit technology" means a particulate filter or
      other emissions control equipment that is verified or certified
      by the Administrator or the California Air Resources Board as an
      effective emission reduction technology when installed on an
      existing school bus.
      (6) Secretary
        The term "Secretary" means the Secretary of Energy.
      (7) Ultra-low sulfur diesel fuel
        The term "ultra-low sulfur diesel fuel" means diesel fuel that
      contains sulfur at not more than 15 parts per million.
    (b) Program for retrofit or replacement of certain existing school
      buses with clean school buses
      (1) Establishment
        (A) In general
          The Administrator, in consultation with the Secretary and
        other appropriate Federal departments and agencies, shall
        establish a program for awarding grants on a competitive basis
        to eligible recipients for the replacement of, retrofit
        (including repowering, aftertreatment, and remanufactured
        engines) of, or purchase of alternative fuels for, certain
        existing school buses. The awarding of grants for the purchase
        of alternative fuels should be consistent with the historic
        funding levels of the program for such purchase.
        (B) Balancing
          In awarding grants under this section, the Administrator
        shall achieve, to the maximum extent practicable, achieve (!2)
        an appropriate balance between awarding grants - 

            (i) to replace school buses;
            (ii) to install retrofit technologies; and
            (iii) to purchase and use alternative fuel.
      (2) Priority of grant applications
        (A) Replacement
          In the case of grant applications to replace school buses,
        the Administrator shall give priority to applicants that
        propose to replace school buses manufactured before model year
        1977.
        (B) Retrofitting
          In the case of grant applications to retrofit school buses,
        the Administrator shall give priority to applicants that
        propose to retrofit school buses manufactured in or after model
        year 1991.
      (3) Use of school bus fleet
        (A) In general
          All school buses acquired or retrofitted with funds provided
        under this section shall be operated as part of the school bus
        fleet for which the grant was made for not less than 5 years.
        (B) Maintenance, operation, and fueling
          New school buses and retrofit technology shall be maintained,
        operated, and fueled according to manufacturer recommendations
        or State requirements.
      (4) Retrofit grants
        The Administrator may award grants under this section for up to
      100 percent of the retrofit technologies and installation costs.
      (5) Replacement grants
        (A) Eligibility for 50 percent grants
          The Administrator may award grants under this section for
        replacement of school buses in the amount of up to one-half of
        the acquisition costs (including fueling infrastructure) for - 
            (i) clean school buses with engines manufactured in model
          year 2005 or 2006 that emit not more than - 
              (I) 1.8 grams per brake horsepower-hour of non-methane
            hydrocarbons and oxides of nitrogen; and
              (II) .01 grams per brake horsepower-hour of particulate
            matter; or

            (ii) clean school buses with engines manufactured in model
          year 2007, 2008, or 2009 that satisfy regulatory requirements
          established by the Administrator for emissions of oxides of
          nitrogen and particulate matter to be applicable for school
          buses manufactured in model year 2010.
        (B) Eligibility for 25 percent grants
          The Administrator may award grants under this section for
        replacement of school buses in the amount of up to one-fourth
        of the acquisition costs (including fueling infrastructure) for
        - 
            (i) clean school buses with engines manufactured in model
          year 2005 or 2006 that emit not more than - 
              (I) 2.5 grams per brake horsepower-hour of non-methane
            hydrocarbons and oxides of nitrogen; and
              (II) .01 grams per brake horsepower-hour of particulate
            matter; or

            (ii) clean school buses with engines manufactured in model
          year 2007 or thereafter that satisfy regulatory requirements
          established by the Administrator for emissions of oxides of
          nitrogen and particulate matter from school buses
          manufactured in that model year.
      (6) Ultra-low sulfur diesel fuel
        (A) (!3) In general

          In the case of a grant recipient receiving a grant for the
        acquisition of ultra-low sulfur diesel fuel school buses with
        engines manufactured in model year 2005 or 2006, the grant
        recipient shall provide, to the satisfaction of the
        Administrator - 
            (i) documentation that diesel fuel containing sulfur at not
          more than 15 parts per million is available for carrying out
          the purposes of the grant; and
            (ii) a commitment by the applicant to use that fuel in
          carrying out the purposes of the grant.
      (7) Deployment and distribution
        The Administrator, to the maximum extent practicable, shall - 
          (A) achieve nationwide deployment of clean school buses
        through the program under this section; and
          (B) ensure a broad geographic distribution of grant awards,
        with no State receiving more than 10 percent of the grant
        funding made available under this section during a fiscal year.
      (8) Annual report
        (A) (!3) In general
          Not later than January 31 of each year, the Administrator
        shall submit to Congress a report that - 
            (i) evaluates the implementation of this section; and
            (ii) describes - 
              (I) the total number of grant applications received;
              (II) the number and types of alternative fuel school
            buses, ultra-low sulfur diesel fuel school buses, and
            retrofitted buses requested in grant applications;
              (III) grants awarded and the criteria used to select the
            grant recipients;
              (IV) certified engine emission levels of all buses
            purchased or retrofitted under this section;
              (V) an evaluation of the in-use emission level of buses
            purchased or retrofitted under this section; and
              (VI) any other information the Administrator considers
            appropriate.
    (c) Education
      (1) In general
        Not later than 90 days after August 10, 2005, the Administrator
      shall develop an education outreach program to promote and
      explain the grant program.
      (2) Coordination with stakeholders
        The outreach program shall be designed and conducted in
      conjunction with national school bus transportation associations
      and other stakeholders.
      (3) Components
        The outreach program shall - 
          (A) inform potential grant recipients on the process of
        applying for grants;
          (B) describe the available technologies and the benefits of
        the technologies;
          (C) explain the benefits of participating in the grant
        program; and
          (D) include, as appropriate, information from the annual
        report required under subsection (b)(8).
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Administrator to
    carry out this section, to remain available until expended - 
        (1) $55,000,000 for each of fiscal years 2006 and 2007; and
        (2) such sums as are necessary for each of fiscal years 2008,
      2009, and 2010.

-SOURCE-
    (Pub. L. 109-59, title VI, Sec. 6015, Aug. 10, 2005, 119 Stat.
    1884.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Safe, Accountable, Flexible,
    Efficient Transportation Equity Act: A Legacy for Users or the
    SAFETEA-LU, and not as part of the Energy Policy Act of 2005 which
    comprises this chapter.

-FOOTNOTE-               

    (!1) This section is substantially identical to section 16091 of
         this title.

    (!2) So in original. The word "achieve" probably should not
         appear.

    (!3) So in original. No subpar. (B) was enacted.


-End-



-CITE-
    42 USC Sec. 16092                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part C - Clean School Buses

-HEAD-
    Sec. 16092. Diesel truck retrofit and fleet modernization program

-STATUTE-
    (a) Establishment
      The Administrator, in consultation with the Secretary, shall
    establish a program for awarding grants on a competitive basis to
    public agencies and entities for fleet modernization programs
    including installation of retrofit technologies for diesel trucks.
    (b) Eligible recipients
      A grant shall be awarded under this section only to a State or
    local government or an agency or instrumentality of a State or
    local government or of two or more State or local governments who
    will allocate funds, with preference to ports and other major
    hauling operations.
    (c) Awards
      (1) In general
        The Administrator shall seek, to the maximum extent
      practicable, to ensure a broad geographic distribution of grants
      under this section.
      (2) Preferences
        In making awards of grants under this section, the
      Administrator shall give preference to proposals that - 
          (A) will achieve the greatest reductions in emissions of
        nonmethane hydrocarbons, oxides of nitrogen, and/or particulate
        matter per proposal or per truck; or
          (B) involve the use of Environmental Protection Agency or
        California Air Resources Board verified emissions control
        retrofit technology on diesel trucks that operate solely on
        ultra-low sulfur diesel fuel after September 2006.
    (d) Conditions of grant
      A grant shall be provided under this section on the conditions
    that - 
        (1) trucks which are replacing scrapped trucks and on which
      retrofit emissions-control technology are to be demonstrated - 
          (A) will operate on ultra-low sulfur diesel fuel where such
        fuel is reasonably available or required for sale by State or
        local law or regulation;
          (B) were manufactured in model year 1998 and before; and
          (C) will be used for the transportation of cargo goods
        especially in port areas or used in goods movement and major
        hauling operations;

        (2) grant funds will be used for the purchase of emission
      control retrofit technology, including State taxes and contract
      fees; and
        (3) grant recipients will provide at least 50 percent of the
      total cost of the retrofit, including the purchase of emission
      control retrofit technology and all necessary labor for
      installation of the retrofit, from any source other than this
      section.
    (e) Verification
      Not later than 90 days after August 8, 2005, the Administrator
    shall publish in the Federal Register procedures to - 
        (1) make grants pursuant to this section;
        (2) verify that trucks powered by ultra-low sulfur diesel fuel
      on which retrofit emissions-control technology are to be
      demonstrated will operate on diesel fuel containing not more than
      15 parts per million of sulfur after September 2006; and
        (3) verify that grants are administered in accordance with this
      section.
    (f) Authorization of appropriations
      There are authorized to be appropriated to the Administrator to
    carry out this section, to remain available until expended the
    following sums:
        (1) $20,000,000 for fiscal year 2006.
        (2) $35,000,000 for fiscal year 2007.
        (3) $45,000,000 for fiscal year 2008.
        (4) Such sums as are necessary for each of fiscal years 2009
      and 2010.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 742, Aug. 8, 2005, 119 Stat. 824.)

-End-



-CITE-
    42 USC Sec. 16093                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part C - Clean School Buses

-HEAD-
    Sec. 16093. Fuel cell school buses

-STATUTE-
    (a) Establishment
      The Secretary shall establish a program for entering into
    cooperative agreements - 
        (1) with private sector fuel cell bus developers for the
      development of fuel cell-powered school buses; and
        (2) subsequently, with not less than 2 units of local
      government using natural gas-powered school buses and such
      private sector fuel cell bus developers to demonstrate the use of
      fuel cell-powered school buses.
    (b) Cost sharing
      The non-Federal contribution for activities funded under this
    section shall be not less than - 
        (1) 20 percent for fuel infrastructure development activities;
      and
        (2) 50 percent for demonstration activities and for development
      activities not described in paragraph (1).
    (c) Reports to Congress
      Not later than 3 years after August 8, 2005, the Secretary shall
    transmit to Congress a report that - 
        (1) evaluates the process of converting natural gas
      infrastructure to accommodate fuel cell-powered school buses; and
        (2) assesses the results of the development and demonstration
      program under this section.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out this section $25,000,000 for the period of fiscal years 2006
    through 2009.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 743, Aug. 8, 2005, 119 Stat. 826.)

-End-


-CITE-
    42 USC Part D - Miscellaneous                               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part D - Miscellaneous

-HEAD-
                          PART D - MISCELLANEOUS                      

-End-



-CITE-
    42 USC Sec. 16101                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part D - Miscellaneous

-HEAD-
    Sec. 16101. Railroad efficiency

-STATUTE-
    (a) Establishment
      The Secretary shall (in cooperation with the Secretary of
    Transportation and the Administrator of the Environmental
    Protection Agency) establish a cost-shared, public-private research
    partnership involving the Federal Government, railroad carriers,
    locomotive manufacturers and equipment suppliers, and the
    Association of American Railroads, to develop and demonstrate
    railroad locomotive technologies that increase fuel economy, reduce
    emissions, and lower costs of operation.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out this section - 
        (1) $15,000,000 for fiscal year 2006;
        (2) $20,000,000 for fiscal year 2007; and
        (3) $30,000,000 for fiscal year 2008.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 751, Aug. 8, 2005, 119 Stat. 826.)

-End-



-CITE-
    42 USC Sec. 16102                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part D - Miscellaneous

-HEAD-
    Sec. 16102. Diesel fueled vehicles

-STATUTE-
    (a) Definition of tier 2 emission standards
      In this section, the term "tier 2 emission standards" means the
    motor vehicle emission standards that apply to passenger cars,
    light trucks, and larger passenger vehicles manufactured after the
    2003 model year, as issued on February 10, 2000, by the
    Administrator of the Environmental Protection Agency under sections
    7521 and 7545 of this title.
    (b) Diesel combustion and after-treatment technologies
      The Secretary shall accelerate efforts to improve diesel
    combustion and after-treatment technologies for use in diesel
    fueled motor vehicles.
    (c) Goals
      The Secretary shall carry out subsection (b) with a view toward
    achieving the following goals:
        (1) Developing and demonstrating diesel technologies that, not
      later than 2010, meet the following standards:
          (A) Tier 2 emission standards.
          (B) The heavy-duty emissions standards of 2007 that are
        applicable to heavy-duty vehicles under regulations issued by
        the Administrator of the Environmental Protection Agency as of
        August 8, 2005.

        (2) Developing the next generation of low-emission, high
      efficiency diesel engine technologies, including homogeneous
      charge compression ignition technology.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 754, Aug. 8, 2005, 119 Stat. 828.)

-End-



-CITE-
    42 USC Sec. 16103                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part D - Miscellaneous

-HEAD-
    Sec. 16103. Conserve by Bicycling Program

-STATUTE-
    (a) Definitions
      In this section:
      (1) Program
        The term "program" means the Conserve by Bicycling Program
      established by subsection (b).
      (2) Secretary
        The term "Secretary" means the Secretary of Transportation.
    (b) Establishment
      There is established within the Department of Transportation a
    program to be known as the "Conserve by Bicycling Program".
    (c) Projects
      (1) In general
        In carrying out the program, the Secretary shall establish not
      more than 10 pilot projects that are - 
          (A) dispersed geographically throughout the United States;
        and
          (B) designed to conserve energy resources by encouraging the
        use of bicycles in place of motor vehicles.
      (2) Requirements
        A pilot project described in paragraph (1) shall - 
          (A) use education and marketing to convert motor vehicle
        trips to bicycle trips;
          (B) document project results and energy savings (in estimated
        units of energy conserved);
          (C) facilitate partnerships among interested parties in at
        least 2 of the fields of - 
            (i) transportation;
            (ii) law enforcement;
            (iii) education;
            (iv) public health;
            (v) environment; and
            (vi) energy;

          (D) maximize bicycle facility investments;
          (E) demonstrate methods that may be used in other regions of
        the United States; and
          (F) facilitate the continuation of ongoing programs that are
        sustained by local resources.
      (3) Cost sharing
        At least 20 percent of the cost of each pilot project described
      in paragraph (1) shall be provided from non-Federal sources.
    (d) Energy and bicycling research study
      (1) In general
        Not later than 2 years after August 8, 2005, the Secretary
      shall enter into a contract with the National Academy of Sciences
      for, and the National Academy of Sciences shall conduct and
      submit to Congress a report on, a study on the feasibility of
      converting motor vehicle trips to bicycle trips.
      (2) Components
        The study shall - 
          (A) document the results or progress of the pilot projects
        under subsection (c);
          (B) determine the type and duration of motor vehicle trips
        that people in the United States may feasibly make by bicycle,
        taking into consideration factors such as - 
            (i) weather;
            (ii) land use and traffic patterns;
            (iii) the carrying capacity of bicycles; and
            (iv) bicycle infrastructure;

          (C) determine any energy savings that would result from the
        conversion of motor vehicle trips to bicycle trips;
          (D) include a cost-benefit analysis of bicycle infrastructure
        investments; and
          (E) include a description of any factors that would encourage
        more motor vehicle trips to be replaced with bicycle trips.
    (e) Authorization of appropriations
      There is authorized to be appropriated to the Secretary to carry
    out this section $6,200,000, to remain available until expended, of
    which - 
        (1) $5,150,000 shall be used to carry out pilot projects
      described in subsection (c);
        (2) $300,000 shall be used by the Secretary to coordinate,
      publicize, and disseminate the results of the program; and
        (3) $750,000 shall be used to carry out subsection (d).

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 755, Aug. 8, 2005, 119 Stat. 828.)

-End-



-CITE-
    42 USC Sec. 16104                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part D - Miscellaneous

-HEAD-
    Sec. 16104. Reduction of engine idling

-STATUTE-
    (a) Definitions
      In this section:
      (1) Administrator
        The term "Administrator" means the Administrator of the
      Environmental Protection Agency.
      (2) Advanced truck stop electrification system
        The term "advanced truck stop electrification system" means a
      stationary system that delivers heat, air conditioning,
      electricity, or communications, and is capable of providing
      verifiable and auditable evidence of use of those services, to a
      heavy-duty vehicle and any occupants of the heavy-duty vehicle
      with or without relying on components mounted onboard the heavy-
      duty vehicle for delivery of those services.
      (3) Auxiliary power unit
        The term "auxiliary power unit" means an integrated system that
      - 
          (A) provides heat, air conditioning, engine warming, or
        electricity to components on a heavy-duty vehicle; and
          (B) is certified by the Administrator under part 89 of title
        40, Code of Federal Regulations (or any successor regulation),
        as meeting applicable emission standards.
      (4) Heavy-duty vehicle
        The term "heavy-duty vehicle" means a vehicle that - 
          (A) has a gross vehicle weight rating greater than 8,500
        pounds; and
          (B) is powered by a diesel engine.
      (5) Idle reduction technology
        The term "idle reduction technology" means an advanced truck
      stop electrification system, auxiliary power unit, or other
      technology that - 
          (A) is used to reduce long-duration idling; and
          (B) allows for the main drive engine or auxiliary
        refrigeration engine to be shut down.
      (6) Energy conservation technology
        the (!1) term "energy conservation technology" means any
      device, system of devices, or equipment that improves the fuel
      economy.

      (7) Long-duration idling
        (A) In general
          The term "long-duration idling" means the operation of a main
        drive engine or auxiliary refrigeration engine, for a period
        greater than 15 consecutive minutes, at a time at which the
        main drive engine is not engaged in gear.
        (B) Exclusions
          The term "long-duration idling" does not include the
        operation of a main drive engine or auxiliary refrigeration
        engine during a routine stoppage associated with traffic
        movement or congestion.
    (b) Idle reduction technology benefits, programs, and studies
      (1) In general
        Not later than 90 days after August 8, 2005, the Administrator
      shall - 
          (A)(i) commence a review of the mobile source air emission
        models of the Environmental Protection Agency used under the
        Clean Air Act (42 U.S.C. 7401 et seq.) to determine whether the
        models accurately reflect the emissions resulting from long-
        duration idling of heavy-duty vehicles and other vehicles and
        engines; and
          (ii) update those models as the Administrator determines to
        be appropriate; and
          (B)(i) commence a review of the emission reductions achieved
        by the use of idle reduction technology; and
          (ii) complete such revisions of the regulations and guidance
        of the Environmental Protection Agency as the Administrator
        determines to be appropriate.
      (2) Deadline for completion
        Not later than 180 days after August 8, 2005, the Administrator
      shall - 
          (A) complete the reviews under subparagraphs (A)(i) and
        (B)(i) of paragraph (1); and
          (B) prepare and make publicly available one or more reports
        on the results of the reviews.
      (3) Discretionary inclusions
        The reviews under subparagraphs (A)(i) and (B)(i) of paragraph
      (1) and the reports under paragraph (2)(B) may address the
      potential fuel savings resulting from use of idle reduction
      technology.
      (4) Idle reduction and energy conservation deployment program
        (A) Establishment
          (i) In general
            Not later than 90 days after August 8, 2005, the
          Administrator, in consultation with the Secretary of
          Transportation shall, through the Environmental Protection
          Agency's SmartWay Transport Partnership, establish a program
          to support deployment of idle reduction and energy
          conservation technologies.
          (ii) Priority
            The Administrator shall give priority to the deployment of
          idle reduction and energy conservation technologies based on
          the costs and beneficial effects on air quality and ability
          to lessen the emission of criteria air pollutants.
        (B) Funding
          (i) Authorization of appropriations
            There are authorized to be appropriated to the
          Administrator to carry out subparagraph (A) for the purpose
          of reducing extended idling from heavy-duty vehicles
          $19,500,000 for fiscal year 2006, $30,000,000 for fiscal year
          2007, and $45,000,000 for fiscal year 2008.
          (ii) Locomotives
            There are authorized to be appropriated to the
          administrator to carry out subparagraph (A) for the purpose
          of reducing extended idling from locomotives $10,000,000 for
          fiscal year 2006, $15,000,000 for fiscal year 2007, and
          $20,000,000 for fiscal year 2008.
          (iii) Cost sharing
            Subject to clause (iv), the Administrator shall require at
          least 50 percent of the costs directly and specifically
          related to any project under this section to be provided from
          non-Federal sources.
          (iv) Necessary and appropriate reductions
            The Administrator may reduce the non-Federal requirement
          under clause (iii) if the Administrator determines that the
          reduction is necessary and appropriate to meet the objectives
          of this section.
      (5) Idling location study
        (A) In general
          Not later than 90 days after August 8, 2005, the
        Administrator, in consultation with the Secretary of
        Transportation, shall commence a study to analyze all locations
        at which heavy-duty vehicles stop for long-duration idling,
        including - 
            (i) truck stops;
            (ii) rest areas;
            (iii) border crossings;
            (iv) ports;
            (v) transfer facilities; and
            (vi) private terminals.
        (B) Deadline for completion
          Not later than 180 days after August 8, 2005, the
        Administrator shall - 
            (i) complete the study under subparagraph (A); and
            (ii) prepare and make publicly available one or more
          reports of the results of the study.
    (c) Omitted
    (d) Report
      Not later than 60 days after the date on which funds are
    initially awarded under this section, and on an annual basis
    thereafter, the Administrator shall submit to Congress a report
    containing - 
        (1) an identification of the grant recipients, a description of
      the projects to be funded and the amount of funding provided; and
        (2) an identification of all other applicants that submitted
      applications under the program.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 756, Aug. 8, 2005, 119 Stat. 829.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (b)(1)(A)(i), is act
    July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
    classified generally to chapter 85 (Sec. 7401 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 7401 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 756 of Pub. L. 109-58. Subsec.
    (c) of section 756 of Pub. L. 109-58 amended section 127 of Title
    23, Highways.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    42 USC Sec. 16105                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part D - Miscellaneous

-HEAD-
    Sec. 16105. Biodiesel engine testing program

-STATUTE-
    (a) In general
      Not later that (!1) 180 days after August 8, 2005, the Secretary
    shall initiate a partnership with diesel engine, diesel fuel
    injection system, and diesel vehicle manufacturers and diesel and
    biodiesel fuel providers, to include biodiesel testing in advanced
    diesel engine and fuel system technology.

    (b) Scope
      The program shall provide for testing to determine the impact of
    biodiesel from different sources on current and future emission
    control technologies, with emphasis on - 
        (1) the impact of biodiesel on emissions warranty, in-use
      liability, and antitampering provisions;
        (2) the impact of long-term use of biodiesel on engine
      operations;
        (3) the options for optimizing these technologies for both
      emissions and performance when switching between biodiesel and
      diesel fuel; and
        (4) the impact of using biodiesel in these fueling systems and
      engines when used as a blend with 2006 Environmental Protection
      Agency-mandated diesel fuel containing a maximum of 15-parts-per-
      million sulfur content.
    (c) Report
      Not later than 2 years after August 8, 2005, the Secretary shall
    provide an interim report to Congress on the findings of the
    program, including a comprehensive analysis of impacts from
    biodiesel on engine operation for both existing and expected future
    diesel technologies, and recommendations for ensuring optimal
    emissions reductions and engine performance with biodiesel.
    (d) Authorization of appropriations
      There are authorized to be appropriated $5,000,000 for each of
    fiscal years 2006 through 2010 to carry out this section.
    (e) Definition
      For purposes of this section, the term "biodiesel" means a diesel
    fuel substitute produced from nonpetroleum renewable resources that
    meets the registration requirements for fuels and fuel additives
    established by the Environmental Protection Agency under section
    7545 of this title and that meets the American Society for Testing
    and Materials D6751-02a Standard Specification for Biodiesel Fuel
    (B100) Blend Stock for Distillate Fuels.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 757, Aug. 8, 2005, 119 Stat. 832.)

-FOOTNOTE-
    (!1) So in original. Probably should be "than".


-End-



-CITE-
    42 USC Sec. 16106                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part D - Miscellaneous

-HEAD-
    Sec. 16106. Ultra-efficient engine technology for aircraft

-STATUTE-
    (a) Ultra-efficient engine technology partnership
      The Secretary shall enter into a cooperative agreement with the
    National Aeronautics and Space Administration for the development
    of ultra-efficient engine technology for aircraft.
    (b) Performance objective
      The Secretary shall establish the following performance
    objectives for the program set forth in subsection (a):
        (1) A fuel efficiency increase of at least 10 percent.
        (2) A reduction in the impact of landing and takeoff nitrogen
      oxides emissions on local air quality of 70 percent.
        (3) Exploring advanced concepts, alternate propulsion, and
      power configurations, including hybrid fuel cell powered systems.
        (4) Exploring the use of alternate fuel in conventional or
      nonconventional turbine-based systems.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section $50,000,000 for each of the fiscal years
    2006, 2007, 2008, 2009, and 2010.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 758, Aug. 8, 2005, 119 Stat. 833.)

-End-


-CITE-
    42 USC Part E - Federal and State Procurement               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part E - Federal and State Procurement

-HEAD-
                  PART E - FEDERAL AND STATE PROCUREMENT              

-End-



-CITE-
    42 USC Sec. 16121                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part E - Federal and State Procurement

-HEAD-
    Sec. 16121. Definitions

-STATUTE-
      In this part:
      (1) Fuel cell
        The term "fuel cell" means a device that directly converts the
      chemical energy of a fuel and an oxidant into electricity by
      electrochemical processes occurring at separate electrodes in the
      device.
      (2) Light-duty or heavy-duty vehicle fleet
        The term "light-duty or heavy-duty vehicle fleet" does not
      include any vehicle designed or procured for combat or combat-
      related missions.
      (3) Stationary; portable
        The terms "stationary" and "portable", when used in reference
      to a fuel cell, include - 
          (A) continuous electric power; and
          (B) backup electric power.
      (4) Task Force
        The term "Task Force" means the Hydrogen and Fuel Cell
      Technical Task Force established under section 16155 of this
      title.
      (5) Technical Advisory Committee
        The term "Technical Advisory Committee" means the independent
      Technical Advisory Committee selected under section 16156 of this
      title.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 781, Aug. 8, 2005, 119 Stat. 835.)

-End-



-CITE-
    42 USC Sec. 16122                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part E - Federal and State Procurement

-HEAD-
    Sec. 16122. Federal and State procurement of fuel cell vehicles and
      hydrogen energy systems

-STATUTE-
    (a) Purposes
      The purposes of this section are - 
        (1) to stimulate acceptance by the market of fuel cell vehicles
      and hydrogen energy systems;
        (2) to support development of technologies relating to fuel
      cell vehicles, public refueling stations, and hydrogen energy
      systems; and
        (3) to require the Federal government, (!1) which is the
      largest single user of energy in the United States, to adopt
      those technologies as soon as practicable after the technologies
      are developed, in conjunction with private industry partners.

    (b) Federal leases and purchases
      (1) Requirement
        (A) In general
          Not later than January 1, 2010, the head of any Federal
        agency that uses a light-duty or heavy-duty vehicle fleet shall
        lease or purchase fuel cell vehicles and hydrogen energy
        systems to meet any applicable energy savings goal described in
        subsection (c).
        (B) Learning demonstration vehicles
          The Secretary may lease or purchase appropriate vehicles
        developed under subsections (a)(10) and (b)(1)(A) of section
        16157 of this title to meet the requirement in subparagraph
        (A).
      (2) Costs of leases and purchases
        (A) In general
          The Secretary, in cooperation with the Task Force and the
        Technical Advisory Committee, shall pay to Federal agencies (or
        share the cost under interagency agreements) the difference in
        cost between - 
            (i) the cost to the agencies of leasing or purchasing fuel
          cell vehicles and hydrogen energy systems under paragraph
          (1); and
            (ii) the cost to the agencies of a feasible alternative to
          leasing or purchasing fuel cell vehicles and hydrogen energy
          systems, as determined by the Secretary.
        (B) Competitive costs and management structures
          In carrying out subparagraph (A), the Secretary, in
        consultation with the agency, may use the General Services
        Administration or any commercial vendor to ensure - 
            (i) a cost-effective purchase of a fuel cell vehicle or
          hydrogen energy system; or
            (ii) a cost-effective management structure of the lease of
          a fuel cell vehicle or hydrogen energy system.
      (3) Exception
        (A) In general
          If the Secretary determines that the head of an agency
        described in paragraph (1) cannot find an appropriately
        efficient and reliable fuel cell vehicle or hydrogen energy
        system in accordance with paragraph (1), that agency shall be
        excepted from compliance with paragraph (1).
        (B) Consideration
          In making a determination under subparagraph (A), the
        Secretary shall consider - 
            (i) the needs of the agency; and
            (ii) an evaluation performed by - 
              (I) the Task Force; or
              (II) the Technical Advisory Committee.
    (c) Energy savings goals
      (1) In general
        (A) Regulations
          Not later than December 31, 2006, the Secretary shall - 
            (i) in cooperation with the Task Force, promulgate
          regulations for the period of 2008 through 2010 that extend
          and augment energy savings goals for each Federal agency, in
          accordance with any Executive order issued after March 2000;
          and
            (ii) promulgate regulations to expand the minimum Federal
          fleet requirement and credit allowances for fuel cell vehicle
          systems under section 13212 of this title.
        (B) Review, evaluation, and new regulations
          Not later than December 31, 2010, the Secretary shall - 
            (i) review the regulations promulgated under subparagraph
          (A);
            (ii) evaluate any progress made toward achieving energy
          savings by Federal agencies; and
            (iii) promulgate new regulations for the period of 2011
          through 2015 to achieve additional energy savings by Federal
          agencies relating to technical and cost-performance
          standards.
      (2) Offsetting energy savings goals
        An agency that leases or purchases a fuel cell vehicle or
      hydrogen energy system in accordance with subsection (b)(1) may
      use that lease or purchase to count toward an energy savings goal
      of the agency.
    (d) Cooperative program with State agencies
      (1) In general
        The Secretary may establish a cooperative program with State
      agencies managing motor vehicle fleets to encourage purchase of
      fuel cell vehicles by the agencies.
      (2) Incentives
        In carrying out the cooperative program, the Secretary may
      offer incentive payments to a State agency to assist with the
      cost of planning, differential purchases, and administration.
    (e) Authorization of appropriations
      There is authorized to be appropriated to carry out this section -
     
        (1) $15,000,000 for fiscal year 2008;
        (2) $25,000,000 for fiscal year 2009;
        (3) $65,000,000 for fiscal year 2010; and
        (4) such sums as are necessary for each of fiscal years 2011
      through 2015.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 782, Aug. 8, 2005, 119 Stat. 835.)

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    42 USC Sec. 16123                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part E - Federal and State Procurement

-HEAD-
    Sec. 16123. Federal procurement of stationary, portable, and micro
      fuel cells

-STATUTE-
    (a) Purposes
      The purposes of this section are - 
        (1) to stimulate acceptance by the market of stationary,
      portable, and micro fuel cells; and
        (2) to support development of technologies relating to
      stationary, portable, and micro fuel cells.
    (b) Federal leases and purchases
      (1) In general
        Not later than January 1, 2006, the head of any Federal agency
      that uses electrical power from stationary, portable, or
      microportable devices shall lease or purchase a stationary,
      portable, or micro fuel cell to meet any applicable energy
      savings goal described in subsection (c).
      (2) Costs of leases and purchases
        (A) In general
          The Secretary, in cooperation with the Task Force and the
        Technical Advisory Committee, shall pay the cost to Federal
        agencies (or share the cost under interagency agreements) of
        leasing or purchasing stationary, portable, and micro fuel
        cells under paragraph (1).
        (B) Competitive costs and management structures
          In carrying out subparagraph (A), the Secretary, in
        consultation with the agency, may use the General Services
        Administration or any commercial vendor to ensure - 
            (i) a cost-effective purchase of a stationary, portable, or
          micro fuel cell; or
            (ii) a cost-effective management structure of the lease of
          a stationary, portable, or micro fuel cell.
      (3) Exception
        (A) In general
          If the Secretary determines that the head of an agency
        described in paragraph (1) cannot find an appropriately
        efficient and reliable stationary, portable, or micro fuel cell
        in accordance with paragraph (1), that agency shall be excepted
        from compliance with paragraph (1).
        (B) Consideration
          In making a determination under subparagraph (A), the
        Secretary shall consider - 
            (i) the needs of the agency; and
            (ii) an evaluation performed by - 
              (I) the Task Force; or
              (II) the Technical Advisory Committee of the Task Force.
    (c) Energy savings goals
      An agency that leases or purchases a stationary, portable, or
    micro fuel cell in accordance with subsection (b)(1) may use that
    lease or purchase to count toward an energy savings goal described
    in section 16157 of this title that is applicable to the agency.
    (d) Authorization of appropriations
      There is authorized to be appropriated to carry out this section -
     
        (1) $20,000,000 for fiscal year 2006;
        (2) $50,000,000 for fiscal year 2007;
        (3) $75,000,000 for fiscal year 2008;
        (4) $100,000,000 for fiscal year 2009;
        (5) $100,000,000 for fiscal year 2010; and
        (6) such sums as are necessary for each of fiscal years 2011
      through 2015.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 783, Aug. 8, 2005, 119 Stat. 837.)

-End-


-CITE-
    42 USC Part F - Diesel Emissions Reduction                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part F - Diesel Emissions Reduction

-HEAD-
                    PART F - DIESEL EMISSIONS REDUCTION                

-End-



-CITE-
    42 USC Sec. 16131                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part F - Diesel Emissions Reduction

-HEAD-
    Sec. 16131. Definitions

-STATUTE-
      In this part:
      (1) Administrator
        The term "Administrator" means the Administrator of the
      Environmental Protection Agency.
      (2) Certified engine configuration
        The term "certified engine configuration" means a new, rebuilt,
      or remanufactured engine configuration - 
          (A) that has been certified or verified by - 
            (i) the Administrator; or
            (ii) the California Air Resources Board;

          (B) that meets or is rebuilt or remanufactured to a more
        stringent set of engine emission standards, as determined by
        the Administrator; and
          (C) in the case of a certified engine configuration involving
        the replacement of an existing engine or vehicle, an engine
        configuration that replaced an engine that was - 
            (i) removed from the vehicle; and
            (ii) returned to the supplier for remanufacturing to a more
          stringent set of engine emissions standards or for scrappage.
      (3) Eligible entity
        The term "eligible entity" means - 
          (A) a regional, State, local, or tribal agency or port
        authority with jurisdiction over transportation or air quality;
        and
          (B) a nonprofit organization or institution that - 
            (i) represents or provides pollution reduction or
          educational services to persons or organizations that own or
          operate diesel fleets; or
            (ii) has, as its principal purpose, the promotion of
          transportation or air quality.
      (4) Emerging technology
        The term "emerging technology" means a technology that is not
      certified or verified by the Administrator or the California Air
      Resources Board but for which an approvable application and test
      plan has been submitted for verification to the Administrator or
      the California Air Resources Board.
      (5) Fleet
        The term "fleet" means one or more diesel vehicles or mobile or
      stationary diesel engines.
      (6) Heavy-duty truck
        The term "heavy-duty truck" has the meaning given the term
      "heavy duty vehicle" in section 7521 of this title.
      (7) Medium-duty truck
        The term "medium-duty truck" has such meaning as shall be
      determined by the Administrator, by regulation.
      (8) Verified technology
        The term "verified technology" means a pollution control
      technology, including a retrofit technology, advanced truckstop
      electrification system, or auxiliary power unit, that has been
      verified by - 
          (A) the Administrator; or
          (B) the California Air Resources Board.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 791, Aug. 8, 2005, 119 Stat. 838.)

-End-



-CITE-
    42 USC Sec. 16132                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part F - Diesel Emissions Reduction

-HEAD-
    Sec. 16132. National grant and loan programs

-STATUTE-
    (a) In general
      The Administrator shall use 70 percent of the funds made
    available to carry out this part for each fiscal year to provide
    grants and low-cost revolving loans, as determined by the
    Administrator, on a competitive basis, to eligible entities to
    achieve significant reductions in diesel emissions in terms of - 
        (1) tons of pollution produced; and
        (2) diesel emissions exposure, particularly from fleets
      operating in areas designated by the Administrator as poor air
      quality areas.
    (b) Distribution
      (1) In general
        The Administrator shall distribute funds made available for a
      fiscal year under this part in accordance with this section.
      (2) Fleets
        The Administrator shall provide not less than 50 percent of
      funds available for a fiscal year under this section to eligible
      entities for the benefit of public fleets.
      (3) Engine configurations and technologies
        (A) Certified engine configurations and verified technologies
          The Administrator shall provide not less than 90 percent of
        funds available for a fiscal year under this section to
        eligible entities for projects using - 
            (i) a certified engine configuration; or
            (ii) a verified technology.
        (B) Emerging technologies
          (i) In general
            The Administrator shall provide not more than 10 percent of
          funds available for a fiscal year under this section to
          eligible entities for the development and commercialization
          of emerging technologies.
          (ii) Application and test plan
            To receive funds under clause (i), a manufacturer, in
          consultation with an eligible entity, shall submit for
          verification to the Administrator or the California Air
          Resources Board a test plan for the emerging technology,
          together with the application under subsection (c).
    (c) Applications
      (1) In general
        To receive a grant or loan under this section, an eligible
      entity shall submit to the Administrator an application at a
      time, in a manner, and including such information as the
      Administrator may require.
      (2) Inclusions
        An application under this subsection shall include - 
          (A) a description of the air quality of the area served by
        the eligible entity;
          (B) the quantity of air pollution produced by the diesel
        fleets in the area served by the eligible entity;
          (C) a description of the project proposed by the eligible
        entity, including - 
            (i) any certified engine configuration, verified
          technology, or emerging technology to be used or funded by
          the eligible entity; and
            (ii) the means by which the project will achieve a
          significant reduction in diesel emissions;

          (D) an evaluation (using methodology approved by the
        Administrator or the National Academy of Sciences) of the
        quantifiable and unquantifiable benefits of the emissions
        reductions of the proposed project;
          (E) an estimate of the cost of the proposed project;
          (F) a description of the age and expected lifetime control of
        the equipment used or funded by the eligible entity;
          (G) a description of the diesel fuel available in the areas
        to be served by the eligible entity, including the sulfur
        content of the fuel; and
          (H) provisions for the monitoring and verification of the
        project.
      (3) Priority
        In providing a grant or loan under this section, the
      Administrator shall give priority to proposed projects that, as
      determined by the Administrator - 
          (A) maximize public health benefits;
          (B) are the most cost-effective;
          (C) serve areas - 
            (i) with the highest population density;
            (ii) that are poor air quality areas, including areas
          identified by the Administrator as - 
              (I) in nonattainment or maintenance of national ambient
            air quality standards for a criteria pollutant;
              (II) Federal Class I areas; or
              (III) areas with toxic air pollutant concerns;

            (iii) that receive a disproportionate quantity of air
          pollution from a (!1) diesel fleets, including truckstops,
          ports, rail yards, terminals, and distribution centers; or

            (iv) that use a community-based multistakeholder
          collaborative process to reduce toxic emissions;

          (D) include a certified engine configuration, verified
        technology, or emerging technology that has a long expected
        useful life;
          (E) will maximize the useful life of any certified engine
        configuration, verified technology, or emerging technology used
        or funded by the eligible entity;
          (F) conserve diesel fuel; and
          (G) use diesel fuel with a sulfur content of less than or
        equal to 15 parts per million, as the Administrator determines
        to be appropriate.
    (d) Use of funds
      (1) In general
        An eligible entity may use a grant or loan provided under this
      section to fund the costs of - 
          (A) a retrofit technology (including any incremental costs of
        a repowered or new diesel engine) that significantly reduces
        emissions through development and implementation of a certified
        engine configuration, verified technology, or emerging
        technology for - 
            (i) a bus;
            (ii) a medium-duty truck or a heavy-duty truck;
            (iii) a marine engine;
            (iv) a locomotive; or
            (v) a nonroad engine or vehicle used in - 
              (I) construction;
              (II) handling of cargo (including at a port or airport);
              (III) agriculture;
              (IV) mining; or
              (V) energy production; or

          (B) programs or projects to reduce long-duration idling using
        verified technology involving a vehicle or equipment described
        in subparagraph (A).
      (2) Regulatory programs
        (A) In general
          Notwithstanding paragraph (1), no grant or loan provided
        under this section shall be used to fund the costs of emissions
        reductions that are mandated under Federal, State or local law.
        (B) Mandated
          For purposes of subparagraph (A), voluntary or elective
        emission reduction measures shall not be considered "mandated",
        regardless of whether the reductions are included in the State
        implementation plan of a State.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 792, Aug. 8, 2005, 119 Stat. 839.)

-FOOTNOTE-
    (!1) So in original. The word "a" probably should not appear.


-End-



-CITE-
    42 USC Sec. 16133                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part F - Diesel Emissions Reduction

-HEAD-
    Sec. 16133. State grant and loan programs

-STATUTE-
    (a) In general
      Subject to the availability of adequate appropriations, the
    Administrator shall use 30 percent of the funds made available for
    a fiscal year under this part to support grant and loan programs
    administered by States that are designed to achieve significant
    reductions in diesel emissions.
    (b) Applications
      The Administrator shall - 
        (1) provide to States guidance for use in applying for grant or
      loan funds under this section, including information regarding - 
          (A) the process and forms for applications;
          (B) permissible uses of funds received; and
          (C) the cost-effectiveness of various emission reduction
        technologies eligible to be carried out using funds provided
        under this section; and

        (2) establish, for applications described in paragraph (1) - 
          (A) an annual deadline for submission of the applications;
          (B) a process by which the Administrator shall approve or
        disapprove each application; and
          (C) a streamlined process by which a State may renew an
        application described in paragraph (1) for subsequent fiscal
        years.
    (c) Allocation of funds
      (1) In general
        For each fiscal year, the Administrator shall allocate among
      States for which applications are approved by the Administrator
      under subsection (b)(2)(B) funds made available to carry out this
      section for the fiscal year.
      (2) Allocation
        Using not more than 20 percent of the funds made available to
      carry out this part for a fiscal year, the Administrator shall
      provide to each State described in paragraph (1) for the fiscal
      year an allocation of funds that is equal to - 
          (A) if each of the 50 States qualifies for an allocation, an
        amount equal to 2 percent of the funds made available to carry
        out this section; or
          (B) if fewer than 50 States qualifies (!1) for an allocation,
        an amount equal to the amount described in subparagraph (A),
        plus an additional amount equal to the product obtained by
        multiplying - 

            (i) the proportion that - 
              (I) the population of the State; bears to
              (II) the population of all States described in paragraph
            (1); by

            (ii) the amount of funds remaining after each State
          described in paragraph (1) receives the 2-percent allocation
          under this paragraph.
      (3) State matching incentive
        (A) In general
          If a State agrees to match the allocation provided to the
        State under paragraph (2) for a fiscal year, the Administrator
        shall provide to the State for the fiscal year an additional
        amount equal to 50 percent of the allocation of the State under
        paragraph (2).
        (B) Requirements
          A State - 
            (i) may not use funds received under this part to pay a
          matching share required under this subsection; and
            (ii) shall not be required to provide a matching share for
          any additional amount received under subparagraph (A).
      (4) Unclaimed funds
        Any funds that are not claimed by a State for a fiscal year
      under this subsection shall be used to carry out section 16132 of
      this title.
    (d) Administration
      (1) In general
        Subject to paragraphs (2) and (3) and, to the extent
      practicable, the priority areas listed in section 16132(c)(3) of
      this title, a State shall use any funds provided under this
      section to develop and implement such grant and low-cost
      revolving loan programs in the State as are appropriate to meet
      State needs and goals relating to the reduction of diesel
      emissions.
      (2) Apportionment of funds
        The Governor of a State that receives funding under this
      section may determine the portion of funds to be provided as
      grants or loans.
      (3) Use of funds
        A grant or loan provided under this section may be used for a
      project relating to - 
          (A) a certified engine configuration; or
          (B) a verified technology.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 793, Aug. 8, 2005, 119 Stat. 841.)

-FOOTNOTE-
    (!1) So in original. Probably should be "qualify".


-End-



-CITE-
    42 USC Sec. 16134                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part F - Diesel Emissions Reduction

-HEAD-
    Sec. 16134. Evaluation and report

-STATUTE-
    (a) In general
      Not later than 1 year after the date on which funds are made
    available under this part, and biennially thereafter, the
    Administrator shall submit to Congress a report evaluating the
    implementation of the programs under this part.
    (b) Inclusions
      The report shall include a description of - 
        (1) the total number of grant applications received;
        (2) each grant or loan made under this part, including the
      amount of the grant or loan;
        (3) each project for which a grant or loan is provided under
      this part, including the criteria used to select the grant or
      loan recipients;
        (4) the actual and estimated air quality and diesel fuel
      conservation benefits, cost-effectiveness, and cost-benefits of
      the grant and loan programs under this part;
        (5) the problems encountered by projects for which a grant or
      loan is provided under this part; and
        (6) any other information the Administrator considers to be
      appropriate.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 794, Aug. 8, 2005, 119 Stat. 843.)

-End-



-CITE-
    42 USC Sec. 16135                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part F - Diesel Emissions Reduction

-HEAD-
    Sec. 16135. Outreach and incentives

-STATUTE-
    (a) Definition of eligible technology
      In this section, the term "eligible technology" means - 
        (1) a verified technology; or
        (2) an emerging technology.
    (b) Technology transfer program
      (1) In general
        The Administrator shall establish a program under which the
      Administrator - 
          (A) informs stakeholders of the benefits of eligible
        technologies; and
          (B) develops nonfinancial incentives to promote the use of
        eligible technologies.
      (2) Eligible stakeholders
        Eligible stakeholders under this section include - 
          (A) equipment owners and operators;
          (B) emission and pollution control technology manufacturers;
          (C) engine and equipment manufacturers;
          (D) State and local officials responsible for air quality
        management;
          (E) community organizations; and
          (F) public health, educational, and environmental
        organizations.
    (c) State implementation plans
      The Administrator shall develop appropriate guidance to provide
    credit to a State for emission reductions in the State created by
    the use of eligible technologies through a State implementation
    plan under section 7410 of this title.
    (d) International markets
      The Administrator, in coordination with the Department of
    Commerce and industry stakeholders, shall inform foreign countries
    with air quality problems of the potential of technology developed
    or used in the United States to provide emission reductions in
    those countries.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 795, Aug. 8, 2005, 119 Stat. 843.)

-End-



-CITE-
    42 USC Sec. 16136                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part F - Diesel Emissions Reduction

-HEAD-
    Sec. 16136. Effect of part

-STATUTE-
      Nothing in this part affects any authority under the Clean Air
    Act (42 U.S.C. 7401 et seq.) in existence on the day before August
    8, 2005.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 796, Aug. 8, 2005, 119 Stat. 844.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in text, is act July 14, 1955, ch.
    360, 69 Stat. 322, as amended, which is classified generally to
    chapter 85 (Sec. 7401 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7401 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16137                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VII - VEHICLES AND FUELS
    Part F - Diesel Emissions Reduction

-HEAD-
    Sec. 16137. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated to carry out this part
    $200,000,000 for each of fiscal years 2007 through 2011, to remain
    available until expended.

-SOURCE-
    (Pub. L. 109-58, title VII, Sec. 797, Aug. 8, 2005, 119 Stat. 844.)

-End-


-CITE-
    42 USC SUBCHAPTER VIII - HYDROGEN                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
                        SUBCHAPTER VIII - HYDROGEN                    

-End-



-CITE-
    42 USC Sec. 16151                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16151. Purposes

-STATUTE-
      The purposes of this subchapter are - 
        (1) to enable and promote comprehensive development,
      demonstration, and commercialization of hydrogen and fuel cell
      technology in partnership with industry;
        (2) to make critical public investments in building strong
      links to private industry, institutions of higher education,
      National Laboratories, and research institutions to expand
      innovation and industrial growth;
        (3) to build a mature hydrogen economy that creates fuel
      diversity in the massive transportation sector of the United
      States;
        (4) to sharply decrease the dependency of the United States on
      imported oil, eliminate most emissions from the transportation
      sector, and greatly enhance our energy security; and
        (5) to create, strengthen, and protect a sustainable national
      energy economy.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 802, Aug. 8, 2005, 119 Stat.
    844.)


-MISC1-
                                SHORT TITLE                            
      For short title of title VIII of Pub. L. 109-58, which enacted
    this subchapter, as the "Spark M. Matsunaga Hydrogen Act of 2005",
    see section 801 of Pub. L. 109-58, set out as a note under section
    15801 of this title.

-End-



-CITE-
    42 USC Sec. 16152                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16152. Definitions

-STATUTE-
      In this subchapter:
      (1) Fuel cell
        The term "fuel cell" means a device that directly converts the
      chemical energy of a fuel, which is supplied from an external
      source, and an oxidant into electricity by electrochemical
      processes occurring at separate electrodes in the device.
      (2) Heavy-duty vehicle
        The term "heavy-duty vehicle" means a motor vehicle that - 
          (A) is rated at more than 8,500 pounds gross vehicle weight;
          (B) has a curb weight of more than 6,000 pounds; or
          (C) has a basic vehicle frontal area in excess of 45 square
        feet.
      (3) Infrastructure
        The term "infrastructure" means the equipment, systems, or
      facilities used to produce, distribute, deliver, or store
      hydrogen (except for onboard storage).
      (4) Light-duty vehicle
        The term "light-duty vehicle" means a motor vehicle that is
      rated at 8,500 or less pounds gross vehicle weight.
      (5) Stationary; portable
        The terms "stationary" and "portable", when used in reference
      to a fuel cell, include - 
          (A) continuous electric power; and
          (B) backup electric power.
      (6) Task Force
        The term "Task Force" means the Hydrogen and Fuel Cell
      Technical Task Force established under section 16155 of this
      title.
      (7) Technical Advisory Committee
        The term "Technical Advisory Committee" means the independent
      Technical Advisory Committee established under section 16156 of
      this title.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 803, Aug. 8, 2005, 119 Stat.
    844.)

-End-



-CITE-
    42 USC Sec. 16153                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16153. Plan

-STATUTE-
      Not later than 6 months after August 8, 2005, the Secretary shall
    transmit to Congress a coordinated plan for the programs described
    in this suchapter and any other programs of the Department that are
    directly related to fuel cells or hydrogen. The plan shall
    describe, at a minimum - 
        (1) the agenda for the next 5 years for the programs authorized
      under this subchapter, including the agenda for each activity
      enumerated in section 16154(e) of this title;
        (2) the types of entities that will carry out the activities
      under this subchapter and what role each entity is expected to
      play;
        (3) the milestones that will be used to evaluate the programs
      for the next 5 years;
        (4) the most significant technical and nontechnical hurdles
      that stand in the way of achieving the goals described in section
      16154 of this title, and how the programs will address those
      hurdles; and
        (5) the policy assumptions that are implicit in the plan,
      including any assumptions that would affect the sources of
      hydrogen or the marketability of hydrogen-related products.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 804, Aug. 8, 2005, 119 Stat.
    845.)

-End-



-CITE-
    42 USC Sec. 16154                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16154. Programs

-STATUTE-
    (a) In general
      The Secretary, in consultation with other Federal agencies and
    the private sector, shall conduct a research and development
    program on technologies relating to the production, purification,
    distribution, storage, and use of hydrogen energy, fuel cells, and
    related infrastructure.
    (b) Goal
      The goal of the program shall be to demonstrate and commercialize
    the use of hydrogen for transportation (in light-duty vehicles and
    heavy-duty vehicles), utility, industrial, commercial, and
    residential applications.
    (c) Focus
      In carrying out activities under this section, the Secretary
    shall focus on factors that are common to the development of
    hydrogen infrastructure and the supply of vehicle and electric
    power for critical consumer and commercial applications, and that
    achieve continuous technical evolution and cost reduction,
    particularly for hydrogen production, the supply of hydrogen,
    storage of hydrogen, and end uses of hydrogen that - 
        (1) steadily increase production, distribution, and end use
      efficiency and reduce life-cycle emissions;
        (2) resolve critical problems relating to catalysts, membranes,
      storage, lightweight materials, electronic controls,
      manufacturability, and other problems that emerge from the
      program;
        (3) enhance sources of renewable fuels and biofuels for
      hydrogen production; and
        (4) enable widespread use of distributed electricity generation
      and storage.
    (d) Public education and research
      In carrying out this section, the Secretary shall support
    enhanced public education and research conducted at institutions of
    higher education in fundamental sciences, application design, and
    systems concepts (including education and research relating to
    materials, subsystems, manufacturability, maintenance, and safety)
    relating to hydrogen and fuel cells.
    (e) Activities
      The Secretary, in partnership with the private sector, shall
    conduct programs to address - 
        (1) production of hydrogen from diverse energy sources,
      including - 
          (A) fossil fuels, which may include carbon capture and
        sequestration;
          (B) hydrogen-carrier fuels (including ethanol and methanol);
          (C) renewable energy resources, including biomass; and
          (D) nuclear energy;

        (2) use of hydrogen for commercial, industrial, and residential
      electric power generation;
        (3) safe delivery of hydrogen or hydrogen-carrier fuels,
      including - 
          (A) transmission by pipeline and other distribution methods;
        and
          (B) convenient and economic refueling of vehicles either at
        central refueling stations or through distributed onsite
        generation;

        (4) advanced vehicle technologies, including - 
          (A) engine and emission control systems;
          (B) energy storage, electric propulsion, and hybrid systems;
          (C) automotive materials; and
          (D) other advanced vehicle technologies;

        (5) storage of hydrogen or hydrogen-carrier fuels, including
      development of materials for safe and economic storage in
      gaseous, liquid, or solid form at refueling facilities and
      onboard vehicles;
        (6) development of safe, durable, affordable, and efficient
      fuel cells, including fuel-flexible fuel cell power systems,
      improved manufacturing processes, high-temperature membranes,
      cost-effective fuel processing for natural gas, fuel cell stack
      and system reliability, low temperature operation, and cold start
      capability; and
        (7) the ability of domestic automobile manufacturers to
      manufacture commercially available competitive hybrid vehicle
      technologies in the United States.
    (f) Program goals
      (1) Vehicles
        For vehicles, the goals of the program are - 
          (A) to enable a commitment by automakers no later than year
        2015 to offer safe, affordable, and technically viable hydrogen
        fuel cell vehicles in the mass consumer market; and
          (B) to enable production, delivery, and acceptance by
        consumers of model year 2020 hydrogen fuel cell and other
        hydrogen-powered vehicles that will have, when compared to
        light duty vehicles in model year 2005 - 
            (i) fuel economy that is substantially higher;
            (ii) substantially lower emissions of air pollutants; and
            (iii) equivalent or improved vehicle fuel system crash
          integrity and occupant protection.
      (2) Hydrogen energy and energy infrastructure
        For hydrogen energy and energy infrastructure, the goals of the
      program are to enable a commitment not later than 2015 that will
      lead to infrastructure by 2020 that will provide - 
          (A) safe and convenient refueling;
          (B) improved overall efficiency;
          (C) widespread availability of hydrogen from domestic energy
        sources through - 
            (i) production, with consideration of emissions levels;
            (ii) delivery, including transmission by pipeline and other
          distribution methods for hydrogen; and
            (iii) storage, including storage in surface transportation
          vehicles;

          (D) hydrogen for fuel cells, internal combustion engines, and
        other energy conversion devices for portable, stationary,
        micro, critical needs facilities, and transportation
        applications; and
          (E) other technologies consistent with the Department's plan.
      (3) Fuel cells
        The goals for fuel cells and their portable, stationary, and
      transportation applications are to enable - 
          (A) safe, economical, and environmentally sound hydrogen fuel
        cells;
          (B) fuel cells for light duty and other vehicles; and
          (C) other technologies consistent with the Department's plan.
    (g) Funding
      (1) In general
        The Secretary shall carry out the programs under this section
      using a competitive, merit-based review process and consistent
      with the generally applicable Federal laws and regulations
      governing awards of financial assistance, contracts, or other
      agreements.
      (2) Research centers
        Activities under this section may be carried out by funding
      nationally recognized university-based or Federal laboratory
      research centers.
    (h) Hydrogen supply
      There are authorized to be appropriated to carry out projects and
    activities relating to hydrogen production, storage, distribution
    and dispensing, transport, education and coordination, and
    technology transfer under this section - 
        (1) $160,000,000 for fiscal year 2006;
        (2) $200,000,000 for fiscal year 2007;
        (3) $220,000,000 for fiscal year 2008;
        (4) $230,000,000 for fiscal year 2009;
        (5) $250,000,000 for fiscal year 2010; and
        (6) such sums as are necessary for each of fiscal years 2011
      through 2020.
    (i) Fuel cell technologies
      There are authorized to be appropriated to carry out projects and
    activities relating to fuel cell technologies under this section - 
        (1) $150,000,000 for fiscal year 2006;
        (2) $160,000,000 for fiscal year 2007;
        (3) $170,000,000 for fiscal year 2008;
        (4) $180,000,000 for fiscal year 2009;
        (5) $200,000,000 for fiscal year 2010; and
        (6) such sums as are necessary for each of fiscal years 2011
      through 2020.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 805, Aug. 8, 2005, 119 Stat.
    845.)

-End-



-CITE-
    42 USC Sec. 16155                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16155. Hydrogen and Fuel Cell Technical Task Force

-STATUTE-
    (a) Establishment
      Not later than 120 days after August 8, 2005, the President shall
    establish an interagency task force chaired by the Secretary with
    representatives from each of the following:
        (1) The Office of Science and Technology Policy within the
      Executive Office of the President.
        (2) The Department of Transportation.
        (3) The Department of Defense.
        (4) The Department of Commerce (including the National
      Institute of Standards and Technology).
        (5) The Department of State.
        (6) The Environmental Protection Agency.
        (7) The National Aeronautics and Space Administration.
        (8) Other Federal agencies as the Secretary determines
      appropriate.
    (b) Duties
      (1) Planning
        The Task Force shall work toward - 
          (A) a safe, economical, and environmentally sound fuel
        infrastructure for hydrogen and hydrogen-carrier fuels,
        including an infrastructure that supports buses and other fleet
        transportation;
          (B) fuel cells in government and other applications,
        including portable, stationary, and transportation
        applications;
          (C) distributed power generation, including the generation of
        combined heat, power, and clean fuels including hydrogen;
          (D) uniform hydrogen codes, standards, and safety protocols;
        and
          (E) vehicle hydrogen fuel system integrity safety
        performance.
      (2) Activities
        The Task Force may organize workshops and conferences, may
      issue publications, and may create databases to carry out its
      duties. The Task Force shall - 
          (A) foster the exchange of generic, nonproprietary
        information and technology among industry, academia, and
        government;
          (B) develop and maintain an inventory and assessment of
        hydrogen, fuel cells, and other advanced technologies,
        including the commercial capability of each technology for the
        economic and environmentally safe production, distribution,
        delivery, storage, and use of hydrogen;
          (C) integrate technical and other information made available
        as a result of the programs and activities under this
        subchapter;
          (D) promote the marketplace introduction of infrastructure
        for hydrogen fuel vehicles; and
          (E) conduct an education program to provide hydrogen and fuel
        cell information to potential end-users.
    (c) Agency cooperation
      The heads of all agencies, including those whose agencies are not
    represented on the Task Force, shall cooperate with and furnish
    information to the Task Force, the Technical Advisory Committee,
    and the Department.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 806, Aug. 8, 2005, 119 Stat.
    848.)

-End-



-CITE-
    42 USC Sec. 16156                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16156. Technical Advisory Committee

-STATUTE-
    (a) Establishment
      The Hydrogen Technical and Fuel Cell Advisory Committee is
    established to advise the Secretary on the programs and activities
    under this subchapter.
    (b) Membership
      (1) Members
        The Technical Advisory Committee shall be comprised of not
      fewer than 12 nor more than 25 members. The members shall be
      appointed by the Secretary to represent domestic industry,
      academia, professional societies, government agencies, Federal
      laboratories, previous advisory panels, and financial,
      environmental, and other appropriate organizations based on the
      Department's assessment of the technical and other qualifications
      of Technical Advisory Committee members and the needs of the
      Technical Advisory Committee.
      (2) Terms
        The term of a member of the Technical Advisory Committee shall
      not be more than 3 years. The Secretary may appoint members of
      the Technical Advisory Committee in a manner that allows the
      terms of the members serving at any time to expire at spaced
      intervals so as to ensure continuity in the functioning of the
      Technical Advisory Committee. A member of the Technical Advisory
      Committee whose term is expiring may be reappointed.
      (3) Chairperson
        The Technical Advisory Committee shall have a chairperson, who
      shall be elected by the members from among their number.
    (c) Review
      The Technical Advisory Committee shall review and make
    recommendations to the Secretary on - 
        (1) the implementation of programs and activities under this
      subchapter;
        (2) the safety, economical, and environmental consequences of
      technologies for the production, distribution, delivery, storage,
      or use of hydrogen energy and fuel cells; and
        (3) the plan under section 16153 of this title.
    (d) Response
      (1) Consideration of recommendations
        The Secretary shall consider, but need not adopt, any
      recommendations of the Technical Advisory Committee under
      subsection (c).
      (2) Biennial report
        The Secretary shall transmit a biennial report to Congress
      describing any recommendations made by the Technical Advisory
      Committee since the previous report. The report shall include a
      description of how the Secretary has implemented or plans to
      implement the recommendations, or an explanation of the reasons
      that a recommendation will not be implemented. The report shall
      be transmitted along with the President's budget proposal.
    (e) Support
      The Secretary shall provide resources necessary in the judgment
    of the Secretary for the Technical Advisory Committee to carry out
    its responsibilities under this subchapter.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 807, Aug. 8, 2005, 119 Stat.
    849.)

-End-



-CITE-
    42 USC Sec. 16157                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16157. Demonstration

-STATUTE-
    (a) In general
      In carrying out the programs under this section, the Secretary
    shall fund a limited number of demonstration projects, consistent
    with this subchapter and a determination of the maturity, cost-
    effectiveness, and environmental impacts of technologies
    supporting each project. In selecting projects under this
    subsection, the Secretary shall, to the extent practicable and in
    the public interest, select projects that - 
        (1) involve using hydrogen and related products at existing
      facilities or installations, such as existing office buildings,
      military bases, vehicle fleet centers, transit bus authorities,
      or units of the National Park System;
        (2) depend on reliable power from hydrogen to carry out
      essential activities;
        (3) lead to the replication of hydrogen technologies and draw
      such technologies into the marketplace;
        (4) include vehicle, portable, and stationary demonstrations of
      fuel cell and hydrogen-based energy technologies;
        (5) address the interdependency of demand for hydrogen fuel
      cell applications and hydrogen fuel infrastructure;
        (6) raise awareness of hydrogen technology among the public;
        (7) facilitate identification of an optimum technology among
      competing alternatives;
        (8) address distributed generation using renewable sources;
        (9) carry out demonstrations of evolving hydrogen and fuel cell
      technologies in national parks, remote island areas, and on
      Indian tribal land, as selected by the Secretary;
        (10) carry out a program to demonstrate developmental hydrogen
      and fuel cell systems for mobile, portable, and stationary uses,
      using improved versions of the learning demonstrations program
      concept of the Department including demonstrations involving - 
          (A) light-duty vehicles;
          (B) heavy-duty vehicles;
          (C) fleet vehicles;
          (D) specialty industrial and farm vehicles; and
          (E) commercial and residential portable, continuous, and
        backup electric power generation;

        (11) in accordance with any code or standards developed in a
      region, fund prototype, pilot fleet, and infrastructure regional
      hydrogen supply corridors along the interstate highway system in
      varied climates across the United States; and
        (12) fund demonstration programs that explore the use of
      hydrogen blends, hybrid hydrogen, and hydrogen reformed from
      renewable agricultural fuels, including the use of hydrogen in
      hybrid electric, heavier duty, and advanced internal combustion-
      powered vehicles.

    The Secretary shall give preference to projects which address
    multiple elements contained in paragraphs (1) through (12).
    (b) System demonstrations
      (1) (!1) In general

        As a component of the demonstration program under this section,
      the Secretary shall provide grants, on a cost share basis as
      appropriate, to eligible entities (as determined by the
      Secretary) for use in - 
          (A) devising system design concepts that provide for the use
        of advanced composite vehicles in programs under section 16122
        of this title that - 
            (i) have as a primary goal the reduction of drive energy
          requirements;
            (ii) after 2010, add another research and development
          phase, as defined in subsection (c), including the vehicle
          and infrastructure partnerships developed under the learning
          demonstrations program concept of the Department; and
            (iii) are managed through an enhanced FreedomCAR program
          within the Department that encourages involvement in cost-
          shared projects by manufacturers and governments; and

          (B) designing a local distributed energy system that - 
            (i) incorporates renewable hydrogen production, off-grid
          electricity production, and fleet applications in industrial
          or commercial service;
            (ii) integrates energy or applications described in clause
          (i), such as stationary, portable, micro, and mobile fuel
          cells, into a high-density commercial or residential building
          complex or agricultural community; and
            (iii) is managed in cooperation with industry, State,
          tribal, and local governments, agricultural organizations,
          and nonprofit generators and distributors of electricity.
    (c) Identification of new program requirements
      In carrying out the demonstrations under subsection (a), the
    Secretary, in consultation with the Task Force and the Technical
    Advisory Committee, shall - 
        (1) after 2008 for stationary and portable applications, and
      after 2010 for vehicles, identify new requirements that refine
      technological concepts, planning, and applications; and
        (2) during the second phase of the learning demonstrations
      under subsection (b)(1)(A)(ii), redesign subsequent program work
      to incorporate those requirements.
    (d) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    - 
        (1) $185,000,000 for fiscal year 2006;
        (2) $200,000,000 for fiscal year 2007;
        (3) $250,000,000 for fiscal year 2008;
        (4) $300,000,000 for fiscal year 2009;
        (5) $375,000,000 for fiscal year 2010; and
        (6) such sums as are necessary for each of fiscal years 2011
      through 2020.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 808, Aug. 8, 2005, 119 Stat.
    850.)

-FOOTNOTE-
    (!1) So in original. No par. (2) has been enacted.


-End-



-CITE-
    42 USC Sec. 16158                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16158. Codes and standards

-STATUTE-
    (a) In general
      The Secretary, in cooperation with the Task Force, shall provide
    grants to, or offer to enter into contracts with, such professional
    organizations, public service organizations, and government
    agencies as the Secretary determines appropriate to support timely
    and extensive development of safety codes and standards relating to
    fuel cell vehicles, hydrogen energy systems, and stationary,
    portable, and micro fuel cells.
    (b) Educational efforts
      The Secretary shall support educational efforts by organizations
    and agencies described in subsection (a) to share information,
    including information relating to best practices, among those
    organizations and agencies.
    (c) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    - 
        (1) $4,000,000 for fiscal year 2006;
        (2) $7,000,000 for fiscal year 2007;
        (3) $8,000,000 for fiscal year 2008;
        (4) $10,000,000 for fiscal year 2009;
        (5) $9,000,000 for fiscal year 2010; and
        (6) such sums as are necessary for each of fiscal years 2011
      through 2020.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 809, Aug. 8, 2005, 119 Stat.
    851.)

-End-



-CITE-
    42 USC Sec. 16159                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16159. Disclosure

-STATUTE-
      Section 13293 of this title shall apply to any project carried
    out through a grant, cooperative agreement, or contract under this
    subchapter.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 810, Aug. 8, 2005, 119 Stat.
    852.)

-End-



-CITE-
    42 USC Sec. 16160                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16160. Reports

-STATUTE-
    (a) Secretary
      Subject to subsection (c), not later than 2 years after August 8,
    2005, and triennially thereafter, the Secretary shall submit to
    Congress a report describing - 
        (1) activities carried out by the Department under this
      subchapter,(!1) for hydrogen and fuel cell technology;

        (2) measures the Secretary has taken during the preceding 3
      years to support the transition of primary industry (or a related
      industry) to a fully commercialized hydrogen economy;
        (3) any change made to the strategy relating to hydrogen and
      fuel cell technology to reflect the results of a learning
      demonstrations;
        (4) progress, including progress in infrastructure, made toward
      achieving the goal of producing and deploying not less than - 
          (A) 100,000 hydrogen-fueled vehicles in the United States by
        2010; and
          (B) 2,500,000 hydrogen-fueled vehicles in the United States
        by 2020;

        (5) progress made toward achieving the goal of supplying
      hydrogen at a sufficient number of fueling stations in the United
      States by 2010 including by integrating - 
          (A) hydrogen activities; and
          (B) associated targets and timetables for the development of
        hydrogen technologies;

        (6) any problem relating to the design, execution, or funding
      of a program under this subchapter;
        (7) progress made toward and goals achieved in carrying out
      this subchapter and updates to the developmental roadmap,
      including the results of the reviews conducted by the National
      Academy of Sciences under subsection (b) for the fiscal years
      covered by the report; and
        (8) any updates to strategic plans that are necessary to meet
      the goals described in paragraph (4).
    (b) External review
      The Secretary shall enter into an arrangement with the National
    Academy of Sciences under which the Academy will review the
    programs under sections 16154 and 16157 of this title every fourth
    year following August 8, 2005. The Academy's review shall include
    the program priorities and technical milestones, and evaluate the
    progress toward achieving them. The first review shall be completed
    not later than 5 years after August 8, 2005. Not later than 45 days
    after receiving the review, the Secretary shall transmit the review
    to Congress along with a plan to implement the review's
    recommendations or an explanation for the reasons that a
    recommendation will not be implemented.
    (c) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $1,500,000 for each of fiscal years 2006 through 2020.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 811, Aug. 8, 2005, 119 Stat.
    852.)

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    42 USC Sec. 16161                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16161. Solar and wind technologies

-STATUTE-
    (a) Solar energy technologies
      The Secretary shall - 
        (1) prepare a detailed roadmap for carrying out the provisions
      in this subchapter related to solar energy technologies and for
      implementing the recommendations related to solar energy
      technologies that are included in the report transmitted under
      subsection (e);
        (2) provide for the establishment of 5 projects in geographic
      areas that are regionally and climatically diverse to demonstrate
      the production of hydrogen at solar energy facilities, including
      one demonstration project at a National Laboratory or institution
      of higher education;
        (3) establish a program - 
          (A) to develop optimized concentrating solar power devices
        that may be used for the production of both electricity and
        hydrogen; and
          (B) to evaluate the use of thermochemical cycles for hydrogen
        production at the temperatures attainable with concentrating
        solar power devices;

        (4) coordinate with activities sponsored by the Department's
      Office of Nuclear Energy, Science, and Technology on high-
      temperature materials, thermochemical cycles, and economic
      issues related to solar energy;
        (5) provide for the construction and operation of new
      concentrating solar power devices or solar power cogeneration
      facilities that produce hydrogen either concurrently with, or
      independently of, the production of electricity;
        (6) support existing facilities and programs of study related
      to concentrating solar power devices; and
        (7) establish a program - 
          (A) to develop methods that use electricity from photovoltaic
        devices for the onsite production of hydrogen, such that no
        intermediate transmission or distribution infrastructure is
        required or used and future demand growth may be accommodated;
          (B) to evaluate the economics of small-scale electrolysis for
        hydrogen production; and
          (C) to study the potential of modular photovoltaic devices
        for the development of a hydrogen infrastructure, the security
        implications of a hydrogen infrastructure, and the benefits
        potentially derived from a hydrogen infrastructure.
    (b) Wind energy technologies
      The Secretary shall - 
        (1) prepare a detailed roadmap for carrying out the provisions
      in this subchapter related to wind energy technologies and for
      implementing the recommendations related to wind energy
      technologies that are included in the report transmitted under
      subsection (e); and
        (2) provide for the establishment of 5 projects in geographic
      areas that are regionally and climatically diverse to demonstrate
      the production of hydrogen at existing wind energy facilities,
      including one demonstration project at a National Laboratory or
      institution of higher education.
    (c) Program support
      The Secretary shall support programs at institutions of higher
    education for the development of solar energy technologies and wind
    energy technologies for the production of hydrogen. The programs
    supported under this subsection shall - 
        (1) enhance fellowship and faculty assistance programs;
        (2) provide support for fundamental research;
        (3) encourage collaborative research among industry, National
      Laboratories, and institutions of higher education;
        (4) support communication and outreach; and
        (5) to the greatest extent possible - 
          (A) be located in geographic areas that are regionally and
        climatically diverse; and
          (B) be located at part B institutions, minority institutions,
        and institutions of higher education located in States
        participating in the Experimental Program to Stimulate
        Competitive Research of the Department.
    (d) Institutions of higher education and National Laboratory
      interactions
      In conjunction with the programs supported under this section,
    the Secretary shall develop sabbatical, fellowship, and visiting
    scientist programs to encourage National Laboratories and
    institutions of higher education to share and exchange personnel.
    (e) Report
      The Secretary shall transmit to the Congress not later than 120
    days after August 8, 2005, a report containing detailed summaries
    of the roadmaps prepared under subsections (a)(1) and (b)(1),
    descriptions of the Secretary's progress in establishing the
    projects and other programs required under this section, and
    recommendations for promoting the availability of advanced solar
    and wind energy technologies for the production of hydrogen.
    (f) Definitions
      For purposes of this section - 
        (1) the term "concentrating solar power devices" means devices
      that concentrate the power of the sun by reflection or refraction
      to improve the efficiency of a photovoltaic or thermal generation
      process;
        (2) the term "minority institution" has the meaning given to
      that term in section 1067k of title 20;
        (3) the term "part B institution" has the meaning given to that
      term in section 1061 of title 20; and
        (4) the term "photovoltaic devices" means devices that convert
      light directly into electricity through a solid-state,
      semiconductor process.
    (g) Authorization of appropriations
      There is authorized to be appropriated such sums as are necessary
    for carrying out the activities under this section for each of
    fiscal years 2006 through 2020.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 812, Aug. 8, 2005, 119 Stat.
    853.)

-End-



-CITE-
    42 USC Sec. 16162                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16162. Technology transfer

-STATUTE-
      In carrying out this subchapter, the Secretary shall carry out
    programs that - 
        (1) provide for the transfer of critical hydrogen and fuel cell
      technologies to the private sector;
        (2) accelerate wider application of those technologies in the
      global market;
        (3) foster the exchange of generic, nonproprietary information;
      and
        (4) assess technical and commercial viability of technologies
      relating to the production, distribution, storage, and use of
      hydrogen energy and fuel cells.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 813, Aug. 8, 2005, 119 Stat.
    855.)

-End-



-CITE-
    42 USC Sec. 16163                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16163. Miscellaneous provisions

-STATUTE-
    (a) Representation
      The Secretary may represent the United States interests with
    respect to activities and programs under this subchapter, in
    coordination with the Department of Transportation, the National
    Institute of Standards and Technology, and other relevant Federal
    agencies, before governments and nongovernmental organizations
    including - 
        (1) other Federal, State, regional, and local governments and
      their representatives;
        (2) industry and its representatives, including members of the
      energy and transportation industries; and
        (3) in consultation with the Department of State, foreign
      governments and their representatives including international
      organizations.
    (b) Regulatory authority
      Nothing in this subchapter shall be construed to alter the
    regulatory authority of the Department.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 814, Aug. 8, 2005, 119 Stat.
    855.)

-End-



-CITE-
    42 USC Sec. 16164                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16164. Cost sharing

-STATUTE-
      The costs of carrying out projects and activities under this
    subchapter shall be shared in accordance with section 16352 of this
    title.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 815, Aug. 8, 2005, 119 Stat.
    855.)

-End-



-CITE-
    42 USC Sec. 16165                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER VIII - HYDROGEN

-HEAD-
    Sec. 16165. Savings clause

-STATUTE-
      Nothing in this subchapter shall be construed to affect the
    authority of the Secretary of Transportation that may exist prior
    to August 8, 2005, with respect to - 
        (1) research into, and regulation of, hydrogen-powered vehicles
      fuel systems integrity, standards, and safety under subtitle VI
      of title 49;
        (2) regulation of hazardous materials transportation under
      chapter 51 of title 49;
        (3) regulation of pipeline safety under chapter 601 of title
      49;
        (4) encouragement and promotion of research, development, and
      deployment activities relating to advanced vehicle technologies
      under section 5506 of title 49;
        (5) regulation of motor vehicle safety under chapter 301 of
      title 49;
        (6) automobile fuel economy under chapter 329 of title 49; or
        (7) representation of the interests of the United States with
      respect to the activities and programs under the authority of
      title 49.

-SOURCE-
    (Pub. L. 109-58, title VIII, Sec. 816, Aug. 8, 2005, 119 Stat.
    855.)

-End-


-CITE-
    42 USC SUBCHAPTER IX - RESEARCH AND DEVELOPMENT             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT

-HEAD-
                 SUBCHAPTER IX - RESEARCH AND DEVELOPMENT             

-End-



-CITE-
    42 USC Sec. 16181                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 16181. Goals

-STATUTE-
    (a) In general
      In order to achieve the purposes of this subchapter, the
    Secretary shall conduct a balanced set of programs of energy
    research, development, demonstration, and commercial application
    with the general goals of - 
        (1) increasing the efficiency of all energy intensive sectors
      through conservation and improved technologies;
        (2) promoting diversity of energy supply;
        (3) decreasing the dependence of the United States on foreign
      energy supplies;
        (4) improving the energy security of the United States; and
        (5) decreasing the environmental impact of energy-related
      activities.
    (b) Goals
      The Secretary shall publish measurable cost and performance-based
    goals, comparable over time, with each annual budget submission in
    at least the following areas:
        (1) Energy efficiency for buildings, energy-consuming
      industries, and vehicles.
        (2) Electric energy generation (including distributed
      generation), transmission, and storage.
        (3) Renewable energy technologies, including wind power,
      photovoltaics, solar thermal systems, geothermal energy, hydrogen-
      fueled systems, biomass-based systems, biofuels, and hydropower.
        (4) Fossil energy, including power generation, onshore and
      offshore oil and gas resource recovery, and transportation fuels.
        (5) Nuclear energy, including programs for existing and
      advanced reactors, and education of future specialists.
    (c) Public comment
      The Secretary shall provide mechanisms for input on the annually
    published goals from industry, institutions of higher education,
    and other public sources.
    (d) Effect of goals
      Nothing in subsection (a) or the annually published goals creates
    any new authority for any Federal agency, or may be used by any
    Federal agency, to support the establishment of regulatory
    standards or regulatory requirements.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 902, Aug. 8, 2005, 119 Stat. 856.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (a), was in the original
    "this title", meaning title IX of Pub. L. 109-58, Aug. 8, 2005, 119
    Stat. 856, which enacted this subchapter, amended sections 8101 and
    8102 of Title 7, Agriculture, and section 5523 of Title 15,
    Commerce and Trade, enacted provisions set out as notes under
    section 15801 of this title, section 8102 of Title 7, and section
    2001 of Title 30, Mineral Lands and Mining, and amended provisions
    set out as notes under section 8101 of Title 7 and section 1902 of
    Title 30. For complete classification of title IX to the Code, see
    Short Title note set out under section 15801 of this title and
    Tables.


-MISC1-
                                SHORT TITLE                            
      For short title of title IX of Pub. L. 109-58, which enacted this
    subchapter, as the "Energy Research, Development, Demonstration,
    and Commercial Application Act of 2005", see section 431 of Pub. L.
    109-58, set out as a note under section 15801 of this title.

-End-



-CITE-
    42 USC Sec. 16182                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 16182. Definitions

-STATUTE-
      In this subchapter:
      (1) Departmental mission
        The term "departmental mission" means any of the functions
      vested in the Secretary by the Department of Energy Organization
      Act (42 U.S.C. 7101 et seq.) or other law.
      (2) Hispanic-serving institution
        The term "Hispanic-serving institution" has the meaning given
      the term in section 1101a(a) of title 20.
      (3) Nonmilitary energy laboratory
        The term "nonmilitary energy laboratory" means a National
      Laboratory other than a National Laboratory listed in
      subparagraph (G), (H), or (N) of section 15801(3) of this title.
      (4) Part B institution
        The term "part B institution" has the meaning given the term in
      section 1061 of title 20.
      (5) Single-purpose research facility
        The term "single-purpose research facility" means - 
          (A) any of the primarily single-purpose entities owned by the
        Department; or
          (B) any other organization of the Department designated by
        the Secretary.
      (6) University
        The term "university" has the meaning given the term
      "institution of higher education" in section 1001 of title 20.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 903, Aug. 8, 2005, 119 Stat. 856.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title", meaning title IX of Pub. L. 109-58, Aug. 8, 2005, 119 Stat.
    856, which enacted this subchapter, amended sections 8101 and 8102
    of Title 7, Agriculture, and section 5523 of Title 15, Commerce and
    Trade, enacted provisions set out as notes under section 15801 of
    this title, section 8102 of Title 7, and section 2001 of Title 30,
    Mineral Lands and Mining, and amended provisions set out as notes
    under section 8101 of Title 7 and section 1902 of Title 30. For
    complete classification of title IX to the Code, see Short Title
    note set out under section 15801 of this title and Tables.
      The Department of Energy Organization Act, referred to in par.
    (1), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,
    which is classified principally to chapter 84 (Sec. 7101 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 7101 of this title and
    Tables.

-End-


-CITE-
    42 USC Part A - Energy Efficiency                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part A - Energy Efficiency

-HEAD-
                        PART A - ENERGY EFFICIENCY                    

-End-



-CITE-
    42 USC Sec. 16191                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part A - Energy Efficiency

-HEAD-
    Sec. 16191. Energy efficiency

-STATUTE-
    (a) In general
      (1) Objectives
        The Secretary shall conduct programs of energy efficiency
      research, development, demonstration, and commercial application,
      including activities described in this part. Such programs shall
      take into consideration the following objectives:
          (A) Increasing the energy efficiency of vehicles, buildings,
        and industrial processes.
          (B) Reducing the demand of the United States for energy,
        especially energy from foreign sources.
          (C) Reducing the cost of energy and making the economy more
        efficient and competitive.
          (D) Improving the energy security of the United States.
          (E) Reducing the environmental impact of energy-related
        activities.
      (2) Programs
        Programs under this part shall include research, development,
      demonstration, and commercial application of - 
          (A) advanced, cost-effective technologies to improve the
        energy efficiency and environmental performance of vehicles,
        including - 
            (i) hybrid and electric propulsion systems;
            (ii) plug-in hybrid systems;
            (iii) advanced combustion engines;
            (iv) weight and drag reduction technologies;
            (v) whole-vehicle design optimization; and
            (vi) advanced drive trains;

          (B) cost-effective technologies, for new construction and
        retrofit, to improve the energy efficiency and environmental
        performance of buildings, using a whole-buildings approach,
        including onsite renewable energy generation;
          (C) advanced technologies to improve the energy efficiency,
        environmental performance, and process efficiency of energy-
        intensive and waste-intensive industries; and
          (D) advanced control devices to improve the energy efficiency
        of electric motors, including those used in industrial
        processes, heating, ventilation, and cooling.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out energy efficiency and conservation research, development,
    demonstration, and commercial application activities, including
    activities authorized under this part - 
        (1) $783,000,000 for fiscal year 2007;
        (2) $865,000,000 for fiscal year 2008; and
        (3) $952,000,000 for fiscal year 2009.
    (c) Allocations
      From amounts authorized under subsection (b), the following sums
    are authorized:
        (1) For activities under section 16192 of this title,
      $50,000,000 for each of fiscal years 2007 through 2009.
        (2) For activities under section 16195 of this title,
      $7,000,000 for each of fiscal years 2007 through 2009.
        (3) For activities under subsection (a)(2)(A) - 
          (A) $200,000,000 for fiscal year 2007;
          (B) $270,000,000 for fiscal year 2008; and
          (C) $310,000,000 for fiscal year 2009.

        (4) For activities under subsection (a)(2)(D), $2,000,000 for
      each of fiscal years 2007 and 2008.
    (d) Extended authorization
      There are authorized to be appropriated to the Secretary to carry
    out section 16192 of this title $50,000,000 for each of fiscal
    years 2010 through 2013.
    (e) Limitations
      None of the funds authorized to be appropriated under this
    section may be used for - 
        (1) the issuance or implementation of energy efficiency
      regulations;
        (2) the weatherization program established under part A of
      title IV of the Energy Conservation and Production Act (42 U.S.C.
      6861 et seq.);
        (3) a State energy conservation plan established under part D
      of title III of the Energy Policy and Conservation Act (42 U.S.C.
      6321 et seq.); or
        (4) a Federal energy management measure carried out under part
      3 of title V of the National Energy Conservation Policy Act (42
      U.S.C. 8251 et seq.).

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 911, Aug. 8, 2005, 119 Stat. 857.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Energy Conservation and Production Act, referred to in
    subsec. (e)(2), is Pub. L. 94-385, Aug. 14, 1976, 90 Stat. 1125, as
    amended. Part A of title IV of the Act is classified generally to
    part A (Sec. 6861 et seq.) of subchapter III of chapter 81 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 6801 of this title and
    Tables.
      The Energy Policy and Conservation Act, referred to in subsec.
    (e)(3), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended.
    Part D of title III of the Act is classified generally to part B
    (Sec. 6321 et seq.) of subchapter III of chapter 77 of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 6201 of this title and Tables.
      The National Energy Conservation Policy Act, referred to in
    subsec. (e)(4), is Pub. L. 95-619, Nov. 9, 1978, 92 Stat. 3206, as
    amended. Part 3 of title V of the Act is classified generally to
    part B (Sec. 8251 et seq.) of subchapter III of chapter 91 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 8201 of this title and
    Tables.

-End-



-CITE-
    42 USC Sec. 16192                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part A - Energy Efficiency

-HEAD-
    Sec. 16192. Next Generation Lighting Initiative

-STATUTE-
    (a) Definitions
      In this section:
      (1) Advanced solid-state lighting
        The term "advanced solid-state lighting" means a semiconducting
      device package and delivery system that produces white light
      using externally applied voltage.
      (2) Industry Alliance
        The term "Industry Alliance" means an entity selected by the
      Secretary under subsection (d).
      (3) Initiative
        The term "Initiative" means the Next Generation Lighting
      Initiative carried out under this section.
      (4) Research
        The term "research" includes research on the technologies,
      materials, and manufacturing processes required for white light
      emitting diodes.
      (5) White light emitting diode
        The term "white light emitting diode" means a semiconducting
      package, using either organic or inorganic materials, that
      produces white light using externally applied voltage.
    (b) Initiative
      The Secretary shall carry out a Next Generation Lighting
    Initiative in accordance with this section to support research,
    development, demonstration, and commercial application activities
    related to advanced solid-state lighting technologies based on
    white light emitting diodes.
    (c) Objectives
      The objectives of the Initiative shall be to develop advanced
    solid-state organic and inorganic lighting technologies based on
    white light emitting diodes that, compared to incandescent and
    fluorescent lighting technologies, are longer lasting, are more
    energy-efficient and cost-competitive, and have less environmental
    impact.
    (d) Industry Alliance
      Not later than 90 days after August 8, 2005, the Secretary shall
    competitively select an Industry Alliance to represent participants
    who are private, for-profit firms, open to large and small
    businesses, that, as a group, are broadly representative of United
    States solid-state lighting research, development, infrastructure,
    and manufacturing expertise as a whole.
    (e) Research
      (1) Grants
        The Secretary shall carry out the research activities of the
      Initiative through competitively awarded grants to - 
          (A) researchers, including Industry Alliance participants;
          (B) small businesses;
          (C) National Laboratories; and
          (D) institutions of higher education.
      (2) Industry alliance
        The Secretary shall annually solicit from the Industry Alliance
      - 
          (A) comments to identify solid-state lighting technology
        needs;
          (B) an assessment of the progress of the research activities
        of the Initiative; and
          (C) assistance in annually updating solid-state lighting
        technology roadmaps.
      (3) Availability to public
        The information and roadmaps under paragraph (2) shall be
      available to the public.
    (f) Development, demonstration, and commercial application
      (1) In general
        The Secretary shall carry out a development, demonstration, and
      commercial application program for the Initiative through
      competitively selected awards.
      (2) Preference
        In making the awards, the Secretary may give preference to
      participants in the Industry Alliance.
    (g) Cost sharing
      In carrying out this section, the Secretary shall require cost
    sharing in accordance with section 16352 of this title.
    (h) Intellectual property
      The Secretary may require (in accordance with section 202(a)(ii)
    of title 35, section 2182 of this title, and section 5908 of this
    title) that for any new invention developed under subsection (e) - 
        (1) that the Industry Alliance participants who are active
      participants in research, development, and demonstration
      activities related to the advanced solid-state lighting
      technologies that are covered by this section shall be granted
      the first option to negotiate with the invention owner, at least
      in the field of solid-state lighting, nonexclusive licenses and
      royalties on terms that are reasonable under the circumstances;
        (2)(A) that, for 1 year after a United States patent is issued
      for the invention, the patent holder shall not negotiate any
      license or royalty with any entity that is not a participant in
      the Industry Alliance described in paragraph (1); and
        (B) that, during the year described in subparagraph (A), the
      patent holder shall negotiate nonexclusive licenses and royalties
      in good faith with any interested participant in the Industry
      Alliance described in paragraph (1); and
        (3) such other terms as the Secretary determines are required
      to promote accelerated commercialization of inventions made under
      the Initiative.
    (i) National Academy review
      The Secretary shall enter into an arrangement with the National
    Academy of Sciences to conduct periodic reviews of the Initiative.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 912, Aug. 8, 2005, 119 Stat. 858.)

-End-



-CITE-
    42 USC Sec. 16193                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part A - Energy Efficiency

-HEAD-
    Sec. 16193. National Building Performance Initiative

-STATUTE-
    (a) Interagency group
      (1) In general
        Not later than 90 days after August 8, 2005, the Director of
      the Office of Science and Technology Policy shall establish an
      interagency group to develop, in coordination with the advisory
      committee established under subsection (e), a National Building
      Performance Initiative (referred to in this section as the
      "Initiative").
      (2) Cochairs
        The interagency group shall be co-chaired by appropriate
      officials of the Department and the Department of Commerce, who
      shall jointly arrange for the provision of necessary
      administrative support to the group.
    (b) Integration of efforts
      The Initiative shall integrate Federal, State, and voluntary
    private sector efforts to reduce the costs of construction,
    operation, maintenance, and renovation of commercial, industrial,
    institutional, and residential buildings.
    (c) Plan
      (1) In general
        Not later than 1 year after August 8, 2005, the interagency
      group shall submit to Congress a plan for carrying out the
      appropriate Federal role in the Initiative.
      (2) Inclusions
        The plan shall include - 
          (A) research, development, demonstration, and commercial
        application of energy technology systems and materials for new
        construction and retrofit relating to the building envelope and
        building system components;
          (B) research, development, demonstration, and commercial
        application of energy technology and infrastructure enabling
        the energy efficient, automated operation of buildings and
        building equipment; and
          (C) the collection, analysis, and dissemination of research
        results and other pertinent information on enhancing building
        performance to industry, government entities, and the public.
    (d) Department of Energy role
      Within the Federal portion of the Initiative, the Department
    shall be the lead agency for all aspects of building performance
    related to use and conservation of energy.
    (e) Advisory committee
      The Director of the Office of Science and Technology Policy shall
    establish an advisory committee to - 
        (1) analyze and provide recommendations on potential private
      sector roles and participation in the Initiative; and
        (2) review and provide recommendations on the plan described in
      subsection (c).
    (f) Administration
      Nothing in this section provides any Federal agency with new
    authority to regulate building performance.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 913, Aug. 8, 2005, 119 Stat. 860.)

-End-



-CITE-
    42 USC Sec. 16194                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part A - Energy Efficiency

-HEAD-
    Sec. 16194. Building standards

-STATUTE-
    (a) Definition of high performance building
      In this section, the term "high performance building" means a
    building that integrates and optimizes all major high-performance
    building attributes, including energy efficiency, durability, life-
    cycle performance, and occupant productivity.
    (b) Assessment
      Not later than 120 days after August 8, 2005, the Secretary shall
    enter into an agreement with the National Institute of Building
    Sciences to - 
        (1) conduct an assessment (in cooperation with industry,
      standards development organizations, and other entities, as
      appropriate) of whether the current voluntary consensus standards
      and rating systems for high performance buildings are consistent
      with the current technological state of the art, including
      relevant results from the research, development and demonstration
      activities of the Department;
        (2) determine if additional research is required, based on the
      findings of the assessment; and
        (3) recommend steps for the Secretary to accelerate the
      development of voluntary consensus-based standards for high
      performance buildings that are based on the findings of the
      assessment.
    (c) Grant and technical assistance program
      Consistent with subsection (b) and section 12(d) of the National
    Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
    note), the Secretary shall establish a grant and technical
    assistance program to support the development of voluntary
    consensus-based standards for high performance buildings.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 914, Aug. 8, 2005, 119 Stat. 861.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 12(d) of the National Technology Transfer and Advancement
    Act of 1995, referred to in subsec. (c), is section 12(d) of Pub.
    L. 104-113, as amended, which is set out as a note under section
    272 of Title 15, Commerce and Trade.

-End-



-CITE-
    42 USC Sec. 16195                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part A - Energy Efficiency

-HEAD-
    Sec. 16195. Secondary electric vehicle battery use program

-STATUTE-
    (a) Definitions
      In this section:
      (1) Battery
        The term "battery" means an energy storage device that
      previously has been used to provide motive power in a vehicle
      powered in whole or in part by electricity.
      (2) Associated equipment
        The term "associated equipment" means equipment located where
      the batteries will be used that is necessary to enable the use of
      the energy stored in the batteries.
    (b) Program
      (1) In general
        The Secretary shall establish and conduct a program of
      research, development, demonstration, and commercial application
      of energy technology for the secondary use of batteries, if the
      Secretary finds that there are sufficient numbers of batteries to
      support the program.
      (2) Administration
        The program shall be - 
          (A) designed to demonstrate the use of batteries in secondary
        applications, including utility and commercial power storage
        and power quality;
          (B) structured to evaluate the performance, including useful
        service life and costs, of such batteries in field operations,
        and the necessary supporting infrastructure, including reuse
        and disposal of batteries; and
          (C) coordinated with ongoing secondary battery use programs
        at the National Laboratories and in industry.
    (c) Solicitation
      (1) In general
        Not later than 180 days after August 8, 2005, the Secretary
      shall solicit proposals to demonstrate the secondary use of
      batteries and associated equipment and supporting infrastructure
      in geographic locations throughout the United States.
      (2) Additional solicitations
        The Secretary may make additional solicitations for proposals
      if the Secretary determines that the solicitations are necessary
      to carry out this section.
    (d) Selection of proposals
      (1) In general
        Not later than 90 days after the closing date established by
      the Secretary for receipt of proposals under subsection (c), the
      Secretary shall select up to five proposals that may receive
      financial assistance under this section once the Department
      receives appropriated funds to carry out this section.
      (2) Factors
        In selecting proposals, the Secretary shall consider - 
          (A) the diversity of battery type;
          (B) geographic and climatic diversity; and
          (C) life-cycle environmental effects of the approaches.
      (3) Limitation
        No one project selected under this section shall receive more
      than 25 percent of the funds made available to carry out the
      program under this section.
      (4) Non-Federal involvement
        In selecting proposals, the Secretary shall consider the extent
      of involvement of State or local government and other persons in
      each demonstration project to optimize use of Federal resources.
      (5) Other criteria
        In selecting proposals, the Secretary may consider such other
      criteria as the Secretary considers appropriate.
    (e) Conditions
      In carrying out this section, the Secretary shall require that - 
        (1) relevant information be provided to - 
          (A) the Department;
          (B) the users of the batteries;
          (C) the proposers of a project under this section; and
          (D) the battery manufacturers; and

        (2) the costs of carrying out projects and activities under
      this section are shared in accordance with section 16352 of this
      title.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 915, Aug. 8, 2005, 119 Stat. 861.)

-End-



-CITE-
    42 USC Sec. 16196                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part A - Energy Efficiency

-HEAD-
    Sec. 16196. Energy Efficiency Science Initiative

-STATUTE-
    (a) Establishment
      The Secretary shall establish an Energy Efficiency Science
    Initiative to be managed by the Assistant Secretary in the
    Department with responsibility for energy conservation under
    section 7133(a)(9) of this title, in consultation with the Director
    of the Office of Science, for grants to be competitively awarded
    and subject to peer review for research relating to energy
    efficiency.
    (b) Report
      The Secretary shall submit to Congress, along with the annual
    budget request of the President submitted to Congress, a report on
    the activities of the Energy Efficiency Science Initiative,
    including a description of the process used to award the funds and
    an explanation of how the research relates to energy efficiency.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 916, Aug. 8, 2005, 119 Stat. 862.)

-End-



-CITE-
    42 USC Sec. 16197                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part A - Energy Efficiency

-HEAD-
    Sec. 16197. Advanced Energy Efficiency Technology Transfer Centers

-STATUTE-
    (a) Grants
      Not later than 18 months after August 8, 2005, the Secretary
    shall make grants to nonprofit institutions, State and local
    governments, or universities (or consortia thereof), to establish a
    geographically dispersed network of Advanced Energy Efficiency
    Technology Transfer Centers, to be located in areas the Secretary
    determines have the greatest need of the services of such Centers.
    In establishing the network, the Secretary shall consider the
    special needs and opportunities for increased energy efficiency for
    manufactured and site-built housing.
    (b) Activities
      (1) In general
        Each Center shall operate a program to encourage demonstration
      and commercial application of advanced energy methods and
      technologies through education and outreach to building and
      industrial professionals, and to other individuals and
      organizations with an interest in efficient energy use.
      (2) Advisory panel
        Each Center shall establish an advisory panel to advise the
      Center on how best to accomplish the activities under paragraph
      (1).
    (c) Application
      A person seeking a grant under this section shall submit to the
    Secretary an application in such form and containing such
    information as the Secretary may require. The Secretary may award a
    grant under this section to an entity already in existence if the
    entity is otherwise eligible under this section.
    (d) Selection criteria
      The Secretary shall award grants under this section on the basis
    of the following criteria, at a minimum:
        (1) The ability of the applicant to carry out the activities
      described in subsection (b)(1).
        (2) The extent to which the applicant will coordinate the
      activities of the Center with other entities, such as State and
      local governments, utilities, and educational and research
      institutions.
    (e) Cost-sharing
      In carrying out this section, the Secretary shall require cost-
    sharing in accordance with the requirements of section 16352 of
    this title for commercial application activities.
    (f) Advisory committee
      The Secretary shall establish an advisory committee to advise the
    Secretary on the establishment of Centers under this section. The
    advisory committee shall be composed of individuals with expertise
    in the area of advanced energy methods and technologies, including
    at least one representative from - 
        (1) State or local energy offices;
        (2) energy professionals;
        (3) trade or professional associations;
        (4) architects, engineers, or construction professionals;
        (5) manufacturers;
        (6) the research community; and
        (7) nonprofit energy or environmental organizations.
    (g) Definitions
      For purposes of this section:
      (1) Advanced energy methods and technologies
        The term "advanced energy methods and technologies" means all
      methods and technologies that promote energy efficiency and
      conservation, including distributed generation technologies, and
      life-cycle analysis of energy use.
      (2) Center
        The term "Center" means an Advanced Energy Technology Transfer
      Center established pursuant to this section.
      (3) Distributed generation
        The term "distributed generation" means an electric power
      generation facility that is designed to serve retail electric
      consumers at or near the facility site.
    (h) Authorization of appropriations
      In addition to amounts otherwise authorized to be appropriated in
    section 16191 of this title, there are authorized to be
    appropriated for the program under this section such sums as may be
    appropriated.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 917, Aug. 8, 2005, 119 Stat. 863.)

-End-


-CITE-
    42 USC Part B - Distributed Energy and Electric Energy
                     Systems                               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part B - Distributed Energy and Electric Energy Systems

-HEAD-
          PART B - DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS      

-End-



-CITE-
    42 USC Sec. 16211                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part B - Distributed Energy and Electric Energy Systems

-HEAD-
    Sec. 16211. Distributed energy and electric energy systems

-STATUTE-
    (a) In general
      The Secretary shall carry out programs of research, development,
    demonstration, and commercial application on distributed energy
    resources and systems reliability and efficiency, to improve the
    reliability and efficiency of distributed energy resources and
    systems, integrating advanced energy technologies with grid
    connectivity, including activities described in this part. The
    programs shall address advanced energy technologies and systems and
    advanced grid reliability technologies.
    (b) Authorization of appropriations
      (1) Distributed energy and electric energy systems activities
        There are authorized to be appropriated to the Secretary to
      carry out distributed energy and electric energy systems
      activities, including activities authorized under this part - 
          (A) $240,000,000 for fiscal year 2007;
          (B) $255,000,000 for fiscal year 2008; and
          (C) $273,000,000 for fiscal year 2009.
      (2) Power delivery research initiative
        There are authorized to be appropriated to the Secretary to
      carry out the Power Delivery Research Initiative under subsection
      (!1) 16215(e) of this title such sums as may be necessary for
      each of fiscal years 2007 through 2009.

    (c) Micro-cogeneration energy technology
      From amounts authorized under subsection (b), $20,000,000 for
    each of fiscal years 2007 and 2008 shall be available to carry out
    activities under section 16213 of this title.
    (d) High-voltage transmission lines
      From amounts authorized under subsection (b), $2,000,000 for
    fiscal year 2007 shall be available to carry out activities under
    section 16215(g) of this title.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 921, Aug. 8, 2005, 119 Stat. 864.)

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-



-CITE-
    42 USC Sec. 16212                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part B - Distributed Energy and Electric Energy Systems

-HEAD-
    Sec. 16212. High power density industry program

-STATUTE-
    (a) In general
      The Secretary shall establish a comprehensive research,
    development, demonstration, and commercial application to improve
    the energy efficiency of high power density facilities, including
    data centers, server farms, and telecommunications facilities.
    (b) Technologies
      The program shall consider technologies that provide significant
    improvement in thermal controls, metering, load management, peak
    load reduction, or the efficient cooling of electronics.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 922, Aug. 8, 2005, 119 Stat. 864.)

-End-



-CITE-
    42 USC Sec. 16213                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part B - Distributed Energy and Electric Energy Systems

-HEAD-
    Sec. 16213. Micro-cogeneration energy technology

-STATUTE-
    (a) In general
      The Secretary shall make competitive, merit-based grants to
    consortia for the development of micro-cogeneration energy
    technology.
    (b) Uses
      The consortia shall explore - 
        (1) the use of small-scale combined heat and power in
      residential heating appliances;
        (2) the use of excess power to operate other appliances within
      the residence; and
        (3) the supply of excess generated power to the power grid.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 923, Aug. 8, 2005, 119 Stat. 865.)

-End-



-CITE-
    42 USC Sec. 16214                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part B - Distributed Energy and Electric Energy Systems

-HEAD-
    Sec. 16214. Distributed energy technology demonstration programs

-STATUTE-
    (a) Coordinating consortia program
      The Secretary may provide financial assistance to coordinating
    consortia of interdisciplinary participants for demonstrations
    designed to accelerate the use of distributed energy technologies
    (such as fuel cells, microturbines, reciprocating engines,
    thermally activated technologies, and combined heat and power
    systems) in high-energy intensive commercial applications.
    (b) Small-scale portable power program
      (1) In general
        The Secretary shall - 
          (A) establish a research, development, and demonstration
        program to develop working models of small scale portable power
        devices; and
          (B) to the fullest extent practicable, identify and utilize
        the resources of universities that have shown expertise with
        respect to advanced portable power devices for either civilian
        or military use.
      (2) Organization
        The universities identified and utilized under paragraph (1)(B)
      are authorized to establish an organization to promote small
      scale portable power devices.
      (3) Definition
        For purposes of this subsection, the term "small scale portable
      power device" means a field-deployable portable mechanical or
      electromechanical device that can be used for applications such
      as communications, computation, mobility enhancement, weapons
      systems, optical devices, cooling, sensors, medical devices, and
      active biological agent detection systems.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 924, Aug. 8, 2005, 119 Stat. 865.)

-End-



-CITE-
    42 USC Sec. 16215                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part B - Distributed Energy and Electric Energy Systems

-HEAD-
    Sec. 16215. Electric transmission and distribution programs

-STATUTE-
    (a) Program
      The Secretary shall establish a comprehensive research,
    development, and demonstration program to ensure the reliability,
    efficiency, and environmental integrity of electrical transmission
    and distribution systems, which shall include - 
        (1) advanced energy delivery technologies, energy storage
      technologies, materials, and systems, giving priority to new
      transmission technologies, including composite conductor
      materials and other technologies that enhance reliability,
      operational flexibility, or power-carrying capability;
        (2) advanced grid reliability and efficiency technology
      development;
        (3) technologies contributing to significant load reductions;
        (4) advanced metering, load management, and control
      technologies;
        (5) technologies to enhance existing grid components;
        (6) the development and use of high-temperature superconductors
      to - 
          (A) enhance the reliability, operational flexibility, or
        power-carrying capability of electric transmission or
        distribution systems; or
          (B) increase the efficiency of electric energy generation,
        transmission, distribution, or storage systems;

        (7) integration of power systems, including systems to deliver
      high-quality electric power, electric power reliability, and
      combined heat and power;
        (8) supply of electricity to the power grid by small scale,
      distributed and residential-based power generators;
        (9) the development and use of advanced grid design, operation,
      and planning tools;
        (10) any other infrastructure technologies, as appropriate; and
        (11) technology transfer and education.
    (b) Program plan
      (1) In general
        Not later than 1 year after August 8, 2005, the Secretary, in
      consultation with other appropriate Federal agencies, shall
      prepare and submit to Congress a 5-year program plan to guide
      activities under this section.
      (2) Consultation
        In preparing the program plan, the Secretary shall consult with
      - 
          (A) utilities;
          (B) energy service providers;
          (C) manufacturers;
          (D) institutions of higher education;
          (E) other appropriate State and local agencies;
          (F) environmental organizations;
          (G) professional and technical societies; and
          (H) any other persons the Secretary considers appropriate.
    (c) Implementation
      The Secretary shall consider implementing the program under this
    section using a consortium of participants from industry,
    institutions of higher education, and National Laboratories.
    (d) Report
      Not later than 2 years after the submission of the plan under
    subsection (b), the Secretary shall submit to Congress a report - 
        (1) describing the progress made under this section; and
        (2) identifying any additional resources needed to continue the
      development and commercial application of transmission and
      distribution of infrastructure technologies.
    (e) Power delivery research initiative
      (1) In general
        The Secretary shall establish a research, development, and
      demonstration initiative specifically focused on power delivery
      using components incorporating high temperature
      superconductivity.
      (2) Goals
        The goals of the Initiative shall be - 
          (A) to establish world-class facilities to develop high
        temperature superconductivity power applications in partnership
        with manufacturers and utilities;
          (B) to provide technical leadership for establishing
        reliability for high temperature superconductivity power
        applications, including suitable modeling and analysis;
          (C) to facilitate the commercial transition toward direct
        current power transmission, storage, and use for high power
        systems using high temperature superconductivity; and
          (D) to facilitate the integration of very low impedance high
        temperature superconducting wires and cables in existing
        electric networks to improve system performance, power flow
        control, and reliability.
      (3) Inclusions
        The Initiative shall include - 
          (A) feasibility analysis, planning, research, and design to
        construct demonstrations of superconducting links in high
        power, direct current, and controllable alternating current
        transmission systems;
          (B) public-private partnerships to demonstrate deployment of
        high temperature superconducting cable into testbeds simulating
        a realistic transmission grid and under varying transmission
        conditions, including actual grid insertions; and
          (C) testbeds developed in cooperation with National
        Laboratories, industries, and institutions of higher education
        to - 
            (i) demonstrate those technologies;
            (ii) prepare the technologies for commercial introduction;
          and
            (iii) address cost or performance roadblocks to successful
          commercial use.
    (f) Transmission and distribution grid planning and operations
      initiative
      (1) In general
        The Secretary shall establish a research, development, and
      demonstration initiative specifically focused on tools needed to
      plan, operate, and expand the transmission and distribution grids
      in the presence of competitive market mechanisms for energy, load
      demand, customer response, and ancillary services.
      (2) Goals
        The goals of the Initiative shall be - 
          (A)(i) to develop and use a geographically distributed
        center, consisting of institutions of higher education, and
        National Laboratories, with expertise and facilities to develop
        the underlying theory and software for power system
        application; and
          (ii) to ensure commercial development in partnership with
        software vendors and utilities;
          (B) to provide technical leadership in engineering and
        economic analysis for the reliability and efficiency of power
        systems planning and operations in the presence of competitive
        markets for electricity;
          (C) to model, simulate, and experiment with new market
        mechanisms and operating practices to understand and optimize
        those new methods before actual use; and
          (D) to provide technical support and technology transfer to
        electric utilities and other participants in the domestic
        electric industry and marketplace.
    (g) High-voltage transmission lines
      As part of the program described in subsection (a), the Secretary
    shall award a grant to a university research program to design and
    test, in consultation with the Tennessee Valley Authority, state-of-
    the-art optimization techniques for power flow through existing
    high voltage transmission lines.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 925, Aug. 8, 2005, 119 Stat. 865.)

-End-


-CITE-
    42 USC Part C - Renewable Energy                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part C - Renewable Energy

-HEAD-
                         PART C - RENEWABLE ENERGY                     

-End-



-CITE-
    42 USC Sec. 16231                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part C - Renewable Energy

-HEAD-
    Sec. 16231. Renewable energy

-STATUTE-
    (a) In general
      (1) Objectives
        The Secretary shall conduct programs of renewable energy
      research, development, demonstration, and commercial application,
      including activities described in this part. Such programs shall
      take into consideration the following objectives:
          (A) Increasing the conversion efficiency of all forms of
        renewable energy through improved technologies.
          (B) Decreasing the cost of renewable energy generation and
        delivery.
          (C) Promoting the diversity of the 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.
          (G) Increasing the export of renewable generation equipment
        from the United States.
      (2) Programs
        (A) Solar energy
          The Secretary shall conduct a program of research,
        development, demonstration, and commercial application for
        solar energy, including - 
            (i) photovoltaics;
            (ii) solar hot water and solar space heating;
            (iii) concentrating solar power;
            (iv) lighting systems that integrate sunlight and
          electrical lighting in complement to each other in common
          lighting fixtures for the purpose of improving energy
          efficiency;
            (v) manufacturability of low cost, high quality solar
          systems; and
            (vi) development of products that can be easily integrated
          into new and existing buildings.
        (B) Wind energy
          The Secretary shall conduct a program of research,
        development, demonstration, and commercial application for wind
        energy, including - 
            (i) low speed wind energy;
            (ii) offshore wind energy;
            (iii) testing and verification (including construction and
          operation of a research and testing facility capable of
          testing wind turbines); and
            (iv) distributed wind energy generation.
        (C) Geothermal
          The Secretary shall conduct a program of research,
        development, demonstration, and commercial application for
        geothermal energy. The program shall focus on developing
        improved technologies for reducing the costs of geothermal
        energy installations, including technologies for - 
            (i) improving detection of geothermal resources;
            (ii) decreasing drilling costs;
            (iii) decreasing maintenance costs through improved
          materials;
            (iv) increasing the potential for other revenue sources,
          such as mineral production; and
            (v) increasing the understanding of reservoir life cycle
          and management.
        (D) Hydropower
          The Secretary shall conduct a program of research,
        development, demonstration, and commercial application for cost
        competitive technologies that enable the development of new and
        incremental hydropower capacity, adding to the diversity of the
        energy supply of the United States, including:
            (i) Fish-friendly large turbines.
            (ii) Advanced technologies to enhance environmental
          performance and yield greater energy efficiencies.
        (E) Miscellaneous projects
          The Secretary shall conduct research, development,
        demonstration, and commercial application programs for - 
            (i) ocean energy, including wave energy;
            (ii) the combined use of renewable energy technologies with
          one another and with other energy technologies, including the
          combined use of wind power and coal gasification
          technologies;
            (iii) renewable energy technologies for cogeneration of
          hydrogen and electricity; and
            (iv) kinetic hydro turbines.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out renewable energy research, development, demonstration, and
    commercial application activities, including activities authorized
    under this part - 
        (1) $632,000,000 for fiscal year 2007;
        (2) $743,000,000 for fiscal year 2008; and
        (3) $852,000,000 for fiscal year 2009.
    (c) Bioenergy
      From the amounts authorized under subsection (b), there are
    authorized to be appropriated to carry out section 16232 of this
    title - 
        (1) $213,000,000 for fiscal year 2007, of which $100,000,000
      shall be for section 16232(d) of this title;
        (2) $251,000,000 for fiscal year 2008, of which $125,000,000
      shall be for section 16232(d) of this title; and
        (3) $274,000,000 for fiscal year 2009, of which $150,000,000
      shall be for section 16232(d) of this title.
    (d) Solar power
      From amounts authorized under subsection (b), there is authorized
    to be appropriated to carry out activities under subsection
    (a)(2)(A) - 
        (1) $140,000,000 for fiscal year 2007, of which $40,000,000
      shall be for activities under section 16235 of this title;
        (2) $200,000,000 for fiscal year 2008, of which $50,000,000
      shall be for activities under section 16235 of this title; and
        (3) $250,000,000 for fiscal year 2009, of which $50,000,000
      shall be for activities under section 16235 of this title.
    (e) Administration
      Of the funds authorized under subsection (c), not less than
    $5,000,000 for each fiscal year shall be made available for grants
    to - 
        (1) part B institutions;
        (2) Tribal Colleges or Universities (as defined in section
      1059c(b) of title 20); and
        (3) Hispanic-serving institutions.
    (f) Rural demonstration projects
      In carrying out this section, the Secretary, in consultation with
    the Secretary of Agriculture, shall demonstrate the use of
    renewable energy technologies to assist in delivering electricity
    to rural and remote locations including  - 
        (1) advanced wind power technology, including combined use with
      coal gasification;
        (2) biomass; and
        (3) geothermal energy systems.
    (g) Analysis and evaluation
      (1) In general
        The Secretary shall conduct analysis and evaluation in support
      of the renewable energy programs under this part. These
      activities shall be used to guide budget and program decisions,
      and shall include - 
          (A) economic and technical analysis of renewable energy
        potential, including resource assessment;
          (B) analysis of past program performance, both in terms of
        technical advances and in market introduction of renewable
        energy; and
          (C) any other analysis or evaluation that the Secretary
        considers appropriate.
      (2) Funding
        The Secretary may designate up to 1 percent of the funds
      appropriated for carrying out this part for analysis and
      evaluation activities under this subsection.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 931, Aug. 8, 2005, 119 Stat. 868.)

-End-



-CITE-
    42 USC Sec. 16232                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part C - Renewable Energy

-HEAD-
    Sec. 16232. Bioenergy program

-STATUTE-
    (a) Definitions
      In this section:
      (1) Biomass
        The term "biomass" means - 
          (A) any organic material grown for the purpose of being
        converted to energy;
          (B) any organic byproduct of agriculture (including wastes
        from food production and processing) that can be converted into
        energy; or
          (C) any waste material that can be converted to energy, is
        segregated from other waste materials, and is derived from - 
            (i) any of the following forest-related resources: mill
          residues, precommercial thinnings, slash, brush, or otherwise
          nonmerchantable material; or
            (ii) wood waste materials, including waste pallets, crates,
          dunnage, manufacturing and construction wood wastes (other
          than pressure-treated, chemically-treated, or painted wood
          wastes), and landscape or right-of-way tree trimmings, but
          not including municipal solid waste, gas derived from the
          biodegradation of municipal solid waste, or paper that is
          commonly recycled.
      (2) Lignocellulosic feedstock
        The term "lignocellulosic feedstock" means any portion of a
      plant or coproduct from conversion, including crops, trees,
      forest residues, and agricultural residues not specifically grown
      for food, including from barley grain, grapeseed, rice bran, rice
      hulls, rice straw, soybean matter, and sugarcane bagasse.
    (b) Program
      The Secretary shall conduct a program of research, development,
    demonstration, and commercial application for bioenergy, including -
     
        (1) biopower energy systems;
        (2) biofuels;
        (3) bioproducts;
        (4) integrated biorefineries that may produce biopower,
      biofuels, and bioproducts;
        (5) cross-cutting research and development in feedstocks; and
        (6) economic analysis.
    (c) Biofuels and bioproducts
      The goals of the biofuels and bioproducts programs shall be to
    develop, in partnership with industry and institutions of higher
    education - 
        (1) advanced biochemical and thermochemical conversion
      technologies capable of making fuels from lignocellulosic
      feedstocks that are price-competitive with gasoline or diesel in
      either internal combustion engines or fuel cell-powered vehicles;
        (2) advanced biotechnology processes capable of making biofuels
      and bioproducts with emphasis on development of biorefinery
      technologies using enzyme-based processing systems;
        (3) advanced biotechnology processes capable of increasing
      energy production from lignocellulosic feedstocks, with emphasis
      on reducing the dependence of industry on fossil fuels in
      manufacturing facilities; and
        (4) other advanced processes that will enable the development
      of cost-effective bioproducts, including biofuels.
    (d) Integrated biorefinery demonstration projects
      (1) In general
        The Secretary shall carry out a program to demonstrate the
      commercial application of integrated biorefineries. The Secretary
      shall ensure geographical distribution of biorefinery
      demonstrations under this subsection. The Secretary shall not
      provide more than $100,000,000 under this subsection for any
      single biorefinery demonstration. In making awards under this
      subsection, the Secretary shall encourage - 
          (A) the demonstration of a wide variety of lignocellulosic
        feedstocks;
          (B) the commercial application of biomass technologies for a
        variety of uses, including - 
            (i) liquid transportation fuels;
            (ii) high-value biobased chemicals;
            (iii) substitutes for petroleum-based feedstocks and
          products; and
            (iv) energy in the form of electricity or useful heat; and

          (C) the demonstration of the collection and treatment of a
        variety of biomass feedstocks.
      (2) Proposals
        Not later than 6 months after August 8, 2005, the Secretary
      shall solicit proposals for demonstration of advanced
      biorefineries. The Secretary shall select only proposals that - 
          (A) demonstrate that the project will be able to operate
        profitably without direct Federal subsidy after initial
        construction costs are paid; and
          (B) enable the biorefinery to be easily replicated.
    (e) University biodiesel program
      The Secretary shall establish a demonstration program to
    determine the feasibility of the operation of diesel electric power
    generators, using biodiesel fuels with ratings as high as B100, at
    electric generation facilities owned by institutions of higher
    education. The program shall examine - 
        (1) heat rates of diesel fuels with large quantities of
      cellulosic content;
        (2) the reliability of operation of various fuel blends;
        (3) performance in cold or freezing weather;
        (4) stability of fuel after extended storage; and
        (5) other criteria, as determined by the Secretary.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 932, Aug. 8, 2005, 119 Stat. 870.)

-End-



-CITE-
    42 USC Sec. 16233                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part C - Renewable Energy

-HEAD-
    Sec. 16233. Low-cost renewable hydrogen and infrastructure for
      vehicle propulsion

-STATUTE-
      The Secretary shall - 
        (1) establish a research, development, and demonstration
      program to determine the feasibility of using hydrogen propulsion
      in light-weight vehicles and the integration of the associated
      hydrogen production infrastructure using off-the-shelf
      components; and
        (2) identify universities and institutions that - 
          (A) have expertise in researching and testing vehicles fueled
        by hydrogen, methane, and other fuels;
          (B) have expertise in integrating off-the-shelf components to
        minimize cost; and
          (C) within 2 years can test a vehicle based on an existing
        commercially available platform with a curb weight of not less
        than 2,000 pounds before modifications, that - 
            (i) operates solely on hydrogen;
            (ii) qualifies as a light-duty passenger vehicle; and
            (iii) uses hydrogen produced from water using only solar
          energy.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 933, Aug. 8, 2005, 119 Stat. 872.)

-End-



-CITE-
    42 USC Sec. 16234                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part C - Renewable Energy

-HEAD-
    Sec. 16234. Concentrating solar power research program

-STATUTE-
    (a) In general
      The Secretary shall conduct a program of research and development
    to evaluate the potential for concentrating solar power for
    hydrogen production, including cogeneration approaches for both
    hydrogen and electricity.
    (b) Administration
      The program shall take advantage of existing facilities to the
    extent practicable and shall include - 
        (1) development of optimized technologies that are common to
      both electricity and hydrogen production;
        (2) evaluation of thermochemical cycles for hydrogen production
      at the temperatures attainable with concentrating solar power;
        (3) evaluation of materials issues for the thermochemical
      cycles described in paragraph (2);
        (4) cogeneration of solar thermal electric power and photo-
      synthetic-based hydrogen production;
        (5) system architectures and economics studies; and
        (6) coordination with activities under the Next Generation
      Nuclear Plant Project established under part B of subchapter VI
      on high temperature materials, thermochemical cycles, and
      economic issues.
    (c) Assessment
      In carrying out the program under this section, the Secretary
    shall - 
        (1) assess conflicting guidance on the economic potential of
      concentrating solar power for electricity production received
      from the National Research Council in the report entitled
      "Renewable Power Pathways: A Review of the U.S. Department of
      Energy's Renewable Energy Programs" and dated 2000 and subsequent
      reviews of that report funded by the Department; and
        (2) provide an assessment of the potential impact of technology
      used to concentrate solar power for electricity before, or
      concurrent with, submission of the budget for fiscal year 2008.
    (d) Report
      Not later than 5 years after August 8, 2005, the Secretary shall
    provide to Congress a report on the economic and technical
    potential for electricity or hydrogen production, with or without
    cogeneration, with concentrating solar power, including the
    economic and technical feasibility of potential construction of a
    pilot demonstration facility suitable for commercial production of
    electricity or hydrogen from concentrating solar power.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 934, Aug. 8, 2005, 119 Stat. 872.)

-End-



-CITE-
    42 USC Sec. 16235                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part C - Renewable Energy

-HEAD-
    Sec. 16235. Renewable energy in public buildings

-STATUTE-
    (a) Demonstration and technology transfer program
      The Secretary shall establish a program for the demonstration of
    innovative technologies for solar and other renewable energy
    sources in buildings owned or operated by a State or local
    government, and for the dissemination of information resulting from
    such demonstration to interested parties.
    (b) Limit on Federal funding
      Notwithstanding section 16352 of this title, the Secretary shall
    provide under this section no more than 40 percent of the
    incremental costs of the solar or other renewable energy source
    project funded.
    (c) Requirements
      As part of the application for awards under this section, the
    Secretary shall require all applicants - 
        (1) to demonstrate a continuing commitment to the use of solar
      and other renewable energy sources in buildings they own or
      operate; and
        (2) to state how they expect any award to further their
      transition to the significant use of renewable energy.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 935, Aug. 8, 2005, 119 Stat. 873.)

-End-


-CITE-
    42 USC Part D - Agricultural Biomass Research and
                     Development Programs                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part D - Agricultural Biomass Research and Development Programs

-HEAD-
      PART D - AGRICULTURAL BIOMASS RESEARCH AND DEVELOPMENT PROGRAMS  

-End-



-CITE-
    42 USC Sec. 16251                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part D - Agricultural Biomass Research and Development Programs

-HEAD-
    Sec. 16251. Production incentives for cellulosic biofuels

-STATUTE-
    (a) Purpose
      The purpose of this section is to - 
        (1) accelerate deployment and commercialization of biofuels;
        (2) deliver the first 1,000,000,000 gallons in annual
      cellulosic biofuels production by 2015;
        (3) ensure biofuels produced after 2015 are cost competitive
      with gasoline and diesel; and
        (4) ensure that small feedstock producers and rural small
      businesses are full participants in the development of the
      cellulosic biofuels industry.
    (b) Definitions
      In this section:
      (1) Cellulosic biofuels
        The term "cellulosic biofuels" means any fuel that is produced
      from cellulosic feedstocks.
      (2) Eligible entity
        The term "eligible entity" means a producer of fuel from
      cellulosic biofuels the production facility of which - 
          (A) is located in the United States;
          (B) meets all applicable Federal and State permitting
        requirements; and
          (C) meets any financial criteria established by the
        Secretary.
    (c) Program
      (1) Establishment
        The Secretary, in consultation with the Secretary of
      Agriculture, the Secretary of Defense, and the Administrator of
      the Environmental Protection Agency, shall establish an incentive
      program for the production of cellulosic biofuels.
      (2) Basis of incentives
        Under the program, the Secretary shall award production
      incentives on a per gallon basis of cellulosic biofuels from
      eligible entities, through - 
          (A) set payments per gallon of cellulosic biofuels produced
        in an amount determined by the Secretary, until initiation of
        the first reverse auction; and
          (B) reverse auction thereafter.
      (3) First reverse auction
        The first reverse auction shall be held on the earlier of - 
          (A) not later than 1 year after the first year of annual
        production in the United States of 100,000,000 gallons of
        cellulosic biofuels, as determined by the Secretary; or
          (B) not later than 3 years after August 8, 2005.
      (4) Reverse auction procedure
        (A) In general
          On initiation of the first reverse auction, and each year
        thereafter until the earlier of the first year of annual
        production in the United States of 1,000,000,000 gallons of
        cellulosic biofuels, as determined by the Secretary, or 10
        years after August 8, 2005, the Secretary shall conduct a
        reverse auction at which - 
            (i) the Secretary shall solicit bids from eligible
          entities;
            (ii) eligible entities shall submit - 
              (I) a desired level of production incentive on a per
            gallon basis; and
              (II) an estimated annual production amount in gallons;
            and

            (iii) the Secretary shall issue awards for the production
          amount submitted, beginning with the eligible entity
          submitting the bid for the lowest level of production
          incentive on a per gallon basis and meeting such other
          criteria as are established by the Secretary, until the
          amount of funds available for the reverse auction is
          committed.
        (B) Amount of incentive received
          An eligible entity selected by the Secretary through a
        reverse auction shall receive the amount of performance
        incentive requested in the auction for each gallon produced and
        sold by the entity during the first 6 years of operation.
        (C) Commencement of production of cellulosic biofuels
          As a condition of the receipt of an award under this section,
        an eligible entity shall enter into an agreement with the
        Secretary under which the eligible entity agrees to begin
        production of cellulosic biofuels not later than 3 years after
        the date of the reverse auction in which the eligible entity
        participates.
    (d) Limitations
      Awards under this section shall be limited to - 
        (1) a per gallon amount determined by the Secretary during the
      first 4 years of the program;
        (2) a declining per gallon cap over the remaining lifetime of
      the program, to be established by the Secretary so that
      cellulosic biofuels produced after the first year of annual
      cellulosic biofuels production in the United States in excess of
      1,000,000,000 gallons are cost competitive with gasoline and
      diesel;
        (3) not more than 25 percent of the funds committed within each
      reverse auction to any 1 project;
        (4) not more than $100,000,000 in any 1 year; and
        (5) not more than $1,000,000,000 over the lifetime of the
      program.
    (e) Priority
      In selecting a project under the program, the Secretary shall
    give priority to projects that - 
        (1) demonstrate outstanding potential for local and regional
      economic development;
        (2) include agricultural producers or cooperatives of
      agricultural producers as equity partners in the ventures; and
        (3) have a strategic agreement in place to fairly reward
      feedstock suppliers.
    (f) Authorizations of appropriations
      There is authorized to be appropriated to carry out this section
    $250,000,000.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 942, Aug. 8, 2005, 119 Stat. 878.)

-End-



-CITE-
    42 USC Sec. 16252                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part D - Agricultural Biomass Research and Development Programs

-HEAD-
    Sec. 16252. Education

-STATUTE-
      (1) In general
        The Architect of the Capitol shall establish in the Capitol
      Complex a program of public education regarding use by the
      Architect of the Capitol of biobased products.
      (2) Purposes
        The purposes of the program shall be - 
          (A) to establish the Capitol Complex as a showcase for the
        existence and benefits of biobased products; and
          (B) to provide access to further information on biobased
        products to occupants and visitors.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 943(c), Aug. 8, 2005, 119 Stat.
    881.)

-End-



-CITE-
    42 USC Sec. 16253                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part D - Agricultural Biomass Research and Development Programs

-HEAD-
    Sec. 16253. Small business bioproduct marketing and certification
      grants

-STATUTE-
    (a) In general
      Using amounts made available under subsection (g), the Secretary
    of Agriculture (referred to in this section as the "Secretary")
    shall make available on a competitive basis grants to eligible
    entities described in subsection (b) for the biobased product
    marketing and certification purposes described in subsection (c).
    (b) Eligible entities
      (1) In general
        An entity eligible for a grant under this section is any
      manufacturer of biobased products that - 
          (A) proposes to use the grant for the biobased product
        marketing and certification purposes described in subsection
        (c); and
          (B) has not previously received a grant under this section.
      (2) Preference
        In making grants under this section, the Secretary shall
      provide a preference to an eligible entity that has fewer than 50
      employees.
    (c) Biobased product marketing and certification grant purposes
      A grant made under this section shall be used - 
        (1) to provide working capital for marketing of biobased
      products; and
        (2) to provide for the certification of biobased products to - 
          (A) qualify for the label described in section 8102(h)(1) of
        title 7; or
          (B) meet other biobased standards determined appropriate by
        the Secretary.
    (d) Matching funds
      (1) In general
        Grant recipients shall provide matching non-Federal funds equal
      to the amount of the grant received.
      (2) Expenditure
        Matching funds shall be expended in advance of grant funding,
      so that for every dollar of grant that is advanced, an equal
      amount of matching funds shall have been funded prior to
      submitting the request for reimbursement.
    (e) Amount
      A grant made under this section shall not exceed $100,000.
    (f) Administration
      The Secretary shall establish such administrative requirements
    for grants under this section, including requirements for
    applications for the grants, as the Secretary considers
    appropriate.
    (g) Authorizations of appropriations
      There are authorized to be appropriated to make grants under this
    section - 
        (1) $1,000,000 for fiscal year 2006; and
        (2) such sums as are necessary for each of fiscal years 2007
      through 2015.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 944, Aug. 8, 2005, 119 Stat. 881.)

-End-



-CITE-
    42 USC Sec. 16254                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part D - Agricultural Biomass Research and Development Programs

-HEAD-
    Sec. 16254. Regional bioeconomy development grants

-STATUTE-
    (a) In general
      Using amounts made available under subsection (g), the Secretary
    of Agriculture (referred to in this section as the "Secretary")
    shall make available on a competitive basis grants to eligible
    entities described in subsection (b) for the purposes described in
    subsection (c).
    (b) Eligible entities
      An entity eligible for a grant under this section is any regional
    bioeconomy development association, agricultural or energy trade
    association, or Land Grant institution that - 
        (1) proposes to use the grant for the purposes described in
      subsection (c); and
        (2) has not previously received a grant under this section.
    (c) Regional bioeconomy development association grant purposes
      A grant made under this section shall be used to support and
    promote the growth and development of the bioeconomy within the
    region served by the eligible entity, through coordination,
    education, outreach, and other endeavors by the eligible entity.
    (d) Matching funds
      (1) In general
        Grant recipients shall provide matching non-Federal funds equal
      to the amount of the grant received.
      (2) Expenditure
        Matching funds shall be expended in advance of grant funding,
      so that for every dollar of grant that is advanced, an equal
      amount of matching funds shall have been funded prior to
      submitting the request for reimbursement.
    (e) Administration
      The Secretary shall establish such administrative requirements
    for grants under this section, including requirements for
    applications for the grants, as the Secretary considers
    appropriate.
    (f) Amount
      A grant made under this section shall not exceed $500,000.
    (g) Authorizations of appropriations
      There are authorized to be appropriated to make grants under this
    section - 
        (1) $1,000,000 for fiscal year 2006; and
        (2) such sums as are necessary for each of fiscal years 2007
      through 2015.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 945, Aug. 8, 2005, 119 Stat. 882.)

-End-



-CITE-
    42 USC Sec. 16255                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part D - Agricultural Biomass Research and Development Programs

-HEAD-
    Sec. 16255. Preprocessing and harvesting demonstration grants

-STATUTE-
    (a) In general
      The Secretary of Agriculture (referred to in this section as the
    "Secretary") shall make grants available on a competitive basis to
    enterprises owned by agricultural producers, for the purposes of
    demonstrating cost-effective, cellulosic biomass innovations in - 
        (1) preprocessing of feedstocks, including cleaning, separating
      and sorting, mixing or blending, and chemical or biochemical
      treatments, to add value and lower the cost of feedstock
      processing at a biorefinery; or
        (2) 1-pass or other efficient, multiple crop harvesting
      techniques.
    (b) Limitations on grants
      (1) Number of grants
        Not more than 5 demonstration projects per fiscal year shall be
      funded under this section.
      (2) Non-Federal cost share
        The non-Federal cost share of a project under this section
      shall be not less than 20 percent, as determined by the
      Secretary.
    (c) Condition of grant
      To be eligible for a grant for a project under this section, a
    recipient of a grant or a participating entity shall agree to use
    the material harvested under the project - 
        (1) to produce ethanol; or
        (2) for another energy purpose, such as the generation of heat
      or electricity.
    (d) Authorization for appropriations
      There is authorized to be appropriated to carry out this section
    $5,000,000 for each of fiscal years 2006 through 2010.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 946, Aug. 8, 2005, 119 Stat. 883.)

-End-



-CITE-
    42 USC Sec. 16256                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part D - Agricultural Biomass Research and Development Programs

-HEAD-
    Sec. 16256. Education and outreach

-STATUTE-
    (a) In general
      The Secretary of Agriculture shall establish, within the
    Department of Agriculture or through an independent contracting
    entity, a program of education and outreach on biobased fuels and
    biobased products consisting of - 
        (1) training and technical assistance programs for feedstock
      producers to promote producer ownership, investment, and
      participation in the operation of processing facilities; and
        (2) public education and outreach to familiarize consumers with
      the biobased fuels and biobased products.
    (b) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $1,000,000 for each of fiscal years 2006 through 2010.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 947, Aug. 8, 2005, 119 Stat. 883.)

-End-


-CITE-
    42 USC Part E - Nuclear Energy                              01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part E - Nuclear Energy

-HEAD-
                          PART E - NUCLEAR ENERGY                      

-End-



-CITE-
    42 USC Sec. 16271                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part E - Nuclear Energy

-HEAD-
    Sec. 16271. Nuclear energy

-STATUTE-
    (a) In general
      The Secretary shall conduct programs of civilian nuclear energy
    research, development, demonstration, and commercial application,
    including activities described in this part. Programs under this
    part shall take into consideration the following objectives:
        (1) Enhancing nuclear power's viability as part of the United
      States energy portfolio.
        (2) Providing the technical means to reduce the likelihood of
      nuclear proliferation.
        (3) Maintaining a cadre of nuclear scientists and engineers.
        (4) Maintaining National Laboratory and university nuclear
      programs, including their infrastructure.
        (5) Supporting both individual researchers and
      multidisciplinary teams of researchers to pioneer new approaches
      in nuclear energy, science, and technology.
        (6) Developing, planning, constructing, acquiring, and
      operating special equipment and facilities for the use of
      researchers.
        (7) Supporting technology transfer and other appropriate
      activities to assist the nuclear energy industry, and other users
      of nuclear science and engineering, including activities
      addressing reliability, availability, productivity, component
      aging, safety, and security of nuclear power plants.
        (8) Reducing the environmental impact of nuclear energy-related
      activities.
    (b) Authorization of appropriations for core programs
      There are authorized to be appropriated to the Secretary to carry
    out nuclear energy research, development, demonstration, and
    commercial application activities, including activities authorized
    under this part, other than those described in subsection (c) - 
        (1) $330,000,000 for fiscal year 2007;
        (2) $355,000,000 for fiscal year 2008; and
        (3) $495,000,000 for fiscal year 2009.
    (c) Nuclear infrastructure and facilities
      There are authorized to be appropriated to the Secretary to carry
    out activities under section 16275 of this title - 
        (1) $135,000,000 for fiscal year 2007;
        (2) $140,000,000 for fiscal year 2008; and
        (3) $145,000,000 for fiscal year 2009.
    (d) Allocations
      From amounts authorized under subsection (a), the following sums
    are authorized:
        (1) For activities under section 16273 of this title - 
          (A) $150,000,000 for fiscal year 2007;
          (B) $155,000,000 for fiscal year 2008; and
          (C) $275,000,000 for fiscal year 2009.

        (2) For activities under section 16274 of this title - 
          (A) $43,600,000 for fiscal year 2007;
          (B) $50,100,000 for fiscal year 2008; and
          (C) $56,000,000 for fiscal year 2009.

        (3) For activities under section 16277 of this title,
      $6,000,000 for each of fiscal years 2007 through 2009.
    (e) Limitation
      None of the funds authorized under this section may be used to
    decommission the Fast Flux Test Facility.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 951, Aug. 8, 2005, 119 Stat. 884.)

-End-



-CITE-
    42 USC Sec. 16272                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part E - Nuclear Energy

-HEAD-
    Sec. 16272. Nuclear energy research programs

-STATUTE-
    (a) Nuclear Energy Research Initiative
      The Secretary shall carry out a Nuclear Energy Research
    Initiative for research and development related to nuclear energy.
    (b) Nuclear Energy Systems Support Program
      The Secretary shall carry out a Nuclear Energy Systems Support
    Program to support research and development activities addressing
    reliability, availability, productivity, component aging, safety,
    and security of existing nuclear power plants.
    (c) Nuclear Power 2010 Program
      (1) In general
        The Secretary shall carry out a Nuclear Power 2010 Program,
      consistent with recommendations of the Nuclear Energy Research
      Advisory Committee of the Department in the report entitled "A
      Roadmap to Deploy New Nuclear Power Plants in the United States
      by 2010" and dated October 2001.
      (2) Administration
        The Program shall include - 
          (A) use of the expertise and capabilities of industry,
        institutions of higher education, and National Laboratories in
        evaluation of advanced nuclear fuel cycles and fuels testing;
          (B) consideration of a variety of reactor designs suitable
        for both developed and developing nations;
          (C) participation of international collaborators in research,
        development, and design efforts, as appropriate; and
          (D) encouragement for participation by institutions of higher
        education and industry.
    (d) Generation IV Nuclear Energy Systems Initiative
      (1) In general
        The Secretary shall carry out a Generation IV Nuclear Energy
      Systems Initiative to develop an overall technology plan for and
      to support research and development necessary to make an informed
      technical decision about the most promising candidates for
      eventual commercial application.
      (2) Administration
        In conducting the Initiative, the Secretary shall examine
      advanced proliferation-resistant and passively safe reactor
      designs, including designs that - 
          (A) are economically competitive with other electric power
        generation plants;
          (B) have higher efficiency, lower cost, and improved safety
        compared to reactors in operation on August 8, 2005;
          (C) use fuels that are proliferation resistant and have
        substantially reduced production of high-level waste per unit
        of output; and
          (D) use improved instrumentation.
    (e) Reactor production of hydrogen
      The Secretary shall carry out research to examine designs for
    high-temperature reactors capable of producing large-scale
    quantities of hydrogen.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 952, Aug. 8, 2005, 119 Stat. 885.)

-End-



-CITE-
    42 USC Sec. 16273                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part E - Nuclear Energy

-HEAD-
    Sec. 16273. Advanced fuel cycle initiative

-STATUTE-
    (a) In general
      The Secretary, acting through the Director of the Office of
    Nuclear Energy, Science and Technology, shall conduct an advanced
    fuel recycling technology research, development, and demonstration
    program (referred to in this section as the "program") to evaluate
    proliferation-resistant fuel recycling and transmutation
    technologies that minimize environmental and public health and
    safety impacts as an alternative to aqueous reprocessing
    technologies deployed as of August 8, 2005, in support of
    evaluation of alternative national strategies for spent nuclear
    fuel and the Generation IV advanced reactor concepts.
    (b) Annual review
      The program shall be subject to annual review by the Nuclear
    Energy Research Advisory Committee of the Department or other
    independent entity, as appropriate.
    (c) International cooperation
      In carrying out the program, the Secretary is encouraged to seek
    opportunities to enhance the progress of the program through
    international cooperation.
    (d) Reports
      The Secretary shall submit, as part of the annual budget
    submission of the Department, a report on the activities of the
    program.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 953, Aug. 8, 2005, 119 Stat. 886.)

-End-



-CITE-
    42 USC Sec. 16274                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part E - Nuclear Energy

-HEAD-
    Sec. 16274. University nuclear science and engineering support

-STATUTE-
    (a) In general
      The Secretary shall conduct a program to invest in human
    resources and infrastructure in the nuclear sciences and related
    fields, including health physics, nuclear engineering, and
    radiochemistry, consistent with missions of the Department related
    to civilian nuclear research, development, demonstration, and
    commercial application.
    (b) Requirements
      In carrying out the program under this section, the Secretary
    shall - 
        (1) conduct a graduate and undergraduate fellowship program to
      attract new and talented students, which may include fellowships
      for students to spend time at National Laboratories in the areas
      of nuclear science, engineering, and health physics with a member
      of the National Laboratory staff acting as a mentor;
        (2) conduct a junior faculty research initiation grant program
      to assist universities in recruiting and retaining new faculty in
      the nuclear sciences and engineering by awarding grants to junior
      faculty for research on issues related to nuclear energy
      engineering and science;
        (3) support fundamental nuclear sciences, engineering, and
      health physics research through a nuclear engineering education
      and research program;
        (4) encourage collaborative nuclear research among industry,
      National Laboratories, and universities; and
        (5) support communication and outreach related to nuclear
      science, engineering, and health physics.
    (c) University-National Laboratory interactions
      The Secretary shall conduct - 
        (1) a fellowship program for professors at universities to
      spend sabbaticals at National Laboratories in the areas of
      nuclear science and technology; and
        (2) a visiting scientist program in which National Laboratory
      staff can spend time in academic nuclear science and engineering
      departments.
    (d) Strengthening university research and training reactors and
      associated infrastructure
      In carrying out the program under this section, the Secretary may
    support - 
        (1) converting research reactors from high-enrichment fuels to
      low-enrichment fuels and upgrading operational instrumentation;
        (2) consortia of universities to broaden access to university
      research reactors;
        (3) student training programs, in collaboration with the United
      States nuclear industry, in relicensing and upgrading reactors,
      including through the provision of technical assistance; and
        (4) reactor improvements as part of a taking into consideration
      effort that emphasizes research, training, and education,
      including through the Innovations in Nuclear Infrastructure and
      Education Program or any similar program.
    (e) Operations and maintenance
      Funding for a project provided under this section may be used for
    a portion of the operating and maintenance costs of a research
    reactor at a university used in the project.
    (f) Definition
      In this section, the term "junior faculty" means a faculty member
    who was awarded a doctorate less than 10 years before receipt of an
    award from the grant program described in subsection (b)(2).

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 954, Aug. 8, 2005, 119 Stat. 886.)

-End-



-CITE-
    42 USC Sec. 16275                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part E - Nuclear Energy

-HEAD-
    Sec. 16275. Department of Energy civilian nuclear infrastructure
      and facilities

-STATUTE-
    (a) In general
      The Secretary shall operate and maintain infrastructure and
    facilities to support the nuclear energy research, development,
    demonstration, and commercial application programs, including
    radiological facilities management, isotope production, and
    facilities management.
    (b) Duties
      In carrying out this section, the Secretary shall - 
        (1) develop an inventory of nuclear science and engineering
      facilities, equipment, expertise, and other assets at all of the
      National Laboratories;
        (2) develop a prioritized list of nuclear science and
      engineering plant and equipment improvements needed at each of
      the National Laboratories;
        (3) consider the available facilities and expertise at all
      National Laboratories and emphasize investments which complement
      rather than duplicate capabilities; and
        (4) develop a timeline and a proposed budget for the completion
      of deferred maintenance on plant and equipment, with the goal of
      ensuring that Department programs under this part will be
      generally recognized to be among the best in the world.
    (c) Plan
      The Secretary shall develop a comprehensive plan for the
    facilities at the Idaho National Laboratory, especially taking into
    account the resources available at other National Laboratories. In
    developing the plan, the Secretary shall - 
        (1) evaluate the facilities planning processes utilized by
      other physical science and engineering research and development
      institutions, both in the United States and abroad, that are
      generally recognized as being among the best in the world, and
      consider how those processes might be adapted toward developing
      such facilities plan;
        (2) avoid duplicating, moving, or transferring nuclear science
      and engineering facilities, equipment, expertise, and other
      assets that currently exist at other National Laboratories;
        (3) consider the establishment of a national transuranic
      analytic chemistry laboratory as a user facility at the Idaho
      National Laboratory;
        (4) include a plan to develop, if feasible, the Advanced Test
      Reactor and Test Reactor Area into a user facility that is more
      readily accessible to academic and industrial researchers;
        (5) consider the establishment of a fast neutron source as a
      user facility;
        (6) consider the establishment of new hot cells and the
      configuration of hot cells most likely to advance research,
      development, demonstration, and commercial application in nuclear
      science and engineering, especially in the context of the
      condition and availability of these facilities elsewhere in the
      National Laboratories; and
        (7) include a timeline and a proposed budget for the completion
      of deferred maintenance on plant and equipment.
    (d) Transmittal to Congress
      Not later than 1 year after August 8, 2005, the Secretary shall
    transmit the plan under subsection (c) to Congress.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 955, Aug. 8, 2005, 119 Stat. 887.)

-End-



-CITE-
    42 USC Sec. 16276                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part E - Nuclear Energy

-HEAD-
    Sec. 16276. Security of nuclear facilities

-STATUTE-
      The Secretary, acting through the Director of the Office of
    Nuclear Energy, Science and Technology, shall conduct a research
    and development program on cost-effective technologies for
    increasing - 
        (1) the safety of nuclear facilities from natural phenomena;
      and
        (2) the security of nuclear facilities from deliberate attacks.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 956, Aug. 8, 2005, 119 Stat. 888.)

-End-



-CITE-
    42 USC Sec. 16277                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part E - Nuclear Energy

-HEAD-
    Sec. 16277. Alternatives to industrial radioactive sources

-STATUTE-
    (a) Survey
      (1) In general
        Not later than August 1, 2006, the Secretary shall submit to
      Congress the results of a survey of industrial applications of
      large radioactive sources.
      (2) Administration
        The survey shall - 
          (A) consider well-logging sources as one class of industrial
        sources;
          (B) include information on current domestic and international
        Department, Department of Defense, State Department, and
        commercial programs to manage and dispose of radioactive
        sources; and
          (C) analyze available disposal options for currently deployed
        or future sources and, if deficiencies are noted for either
        deployed or future sources, recommend legislative options that
        Congress may consider to remedy identified deficiencies.
    (b) Plan
      (1) In general
        In conjunction with the survey conducted under subsection (a),
      the Secretary shall establish a research and development program
      to develop alternatives to sources described in subsection (a)
      that reduce safety, environmental, or proliferation risks to
      either workers using the sources or the public.
      (2) Accelerators
        Miniaturized particle accelerators for well-logging or other
      industrial applications and portable accelerators for production
      of short-lived radioactive materials at an industrial site shall
      be considered as part of the research and development efforts.
      (3) Report
        Not later than August 1, 2006, the Secretary shall submit to
      Congress a report describing the details of the program plan.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 957, Aug. 8, 2005, 119 Stat. 888.)

-End-


-CITE-
    42 USC Part F - Fossil Energy                               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part F - Fossil Energy

-HEAD-
                          PART F - FOSSIL ENERGY                      

-End-



-CITE-
    42 USC Sec. 16291                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part F - Fossil Energy

-HEAD-
    Sec. 16291. Fossil energy

-STATUTE-
    (a) 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. 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 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 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.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 961, Aug. 8, 2005, 119 Stat. 889.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsecs. (a) and (b), was in the
    original "this subtitle", meaning subtitle F (Secs. 961-968) of
    title IX of Pub. L. 109-58, Aug. 8, 2005, 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.

-End-



-CITE-
    42 USC Sec. 16292                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part F - Fossil Energy

-HEAD-
    Sec. 16292. Coal and related technologies program

-STATUTE-
    (a) In general
      In addition to the programs authorized under subchapter IV, the
    Secretary shall conduct a program of technology research,
    development, demonstration, and commercial application for coal and
    power systems, including programs to facilitate production and
    generation of coal-based power through - 
        (1) innovations for existing plants (including mercury
      removal);
        (2) gasification systems;
        (3) advanced combustion systems;
        (4) turbines for synthesis gas derived from coal;
        (5) carbon capture and sequestration research and development;
        (6) coal-derived chemicals and transportation fuels;
        (7) liquid fuels derived from low rank coal water slurry;
        (8) solid fuels and feedstocks;
        (9) advanced coal-related research;
        (10) advanced separation technologies; and
        (11) fuel cells for the operation of synthesis gas derived from
      coal.
    (b) Cost and performance goals
      (1) In general
        In carrying out programs authorized by this section, during
      each of calendar years 2008, 2010, 2012, and 2016, and during
      each fiscal year beginning after September 30, 2021, the
      Secretary shall identify cost and performance goals for coal-
      based technologies that would permit the continued cost-
      competitive use of coal for the production of electricity,
      chemical feedstocks, and transportation fuels.
      (2) Administration
        In establishing the cost and performance goals, the Secretary
      shall - 
          (A) consider activities and studies undertaken as of August
        8, 2005, by industry in cooperation with the Department in
        support of the identification of the goals;
          (B) consult with interested entities, including - 
            (i) coal producers;
            (ii) industries using coal;
            (iii) organizations that promote coal and advanced coal
          technologies;
            (iv) environmental organizations;
            (v) organizations representing workers; and
            (vi) organizations representing consumers;

          (C) not later than 120 days after August 8, 2005, publish in
        the Federal Register proposed draft cost and performance goals
        for public comments; and
          (D) not later than 180 days after August 8, 2005, and every 4
        years thereafter, submit to Congress a report describing the
        final cost and performance goals for the technologies that
        includes - 
            (i) a list of technical milestones; and
            (ii) an explanation of how programs authorized in this
          section will not duplicate the activities authorized under
          the Clean Coal Power Initiative authorized under subchapter
          IV.
    (c) Powder River Basin and Fort Union lignite coal mercury removal
      (1) In general
        In addition to the programs authorized by subsection (a), the
      Secretary shall establish a program to test and develop
      technologies to control and remove mercury emissions from
      subbituminous coal mined in the Powder River Basin, and Fort
      Union lignite coals, that are used for the generation of
      electricity.
      (2) Efficacy of mercury removal technology
        In carrying out the program under paragraph (1), the Secretary
      shall examine the efficacy of mercury removal technologies on
      coals described in that paragraph that are blended with other
      types of coal.
    (d) Fuel cells
      (1) In general
        The Secretary shall conduct a program of research, development,
      demonstration, and commercial application on fuel cells for low-
      cost, high-efficiency, fuel-flexible, modular power systems.
      (2) Demonstrations
        The demonstrations referred to in paragraph (1) shall include
      solid oxide fuel cell technology for commercial, residential, and
      transportation applications, and distributed generation systems,
      using improved manufacturing production and processes.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 962, Aug. 8, 2005, 119 Stat. 890.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter IV, referred to in subsecs. (a) and (b)(2)(D)(ii), was
    in the original "title IV", meaning title IV of Pub. L. 109-58,
    Aug. 8, 2005, 119 Stat. 749, which enacted subchapter IV of this
    chapter and subchapter XIII (Sec. 13571 et seq.) of chapter 134 of
    this title, amended sections 201, 202a, 203, and 207 of Title 30,
    Mineral Lands and Mining, and enacted provisions set out as notes
    under section 15801 of this title and section 201 of Title 30. For
    complete classification of title IV to the Code, see Tables.

-End-



-CITE-
    42 USC Sec. 16293                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part F - Fossil Energy

-HEAD-
    Sec. 16293. Carbon capture research and development program

-STATUTE-
    (a) In general
      The Secretary shall carry out a 10-year carbon capture research
    and development program to develop carbon dioxide capture
    technologies on combustion-based systems for use - 
        (1) in new coal utilization facilities; and
        (2) on the fleet of coal-based units in existence on August 8,
      2005.
    (b) Objectives
      The objectives of the program under subsection (a) shall be - 
        (1) to develop carbon dioxide capture technologies, including
      adsorption and absorption techniques and chemical processes, to
      remove the carbon dioxide from gas streams containing carbon
      dioxide potentially amenable to sequestration;
        (2) to develop technologies that would directly produce
      concentrated streams of carbon dioxide potentially amenable to
      sequestration;
        (3) to increase the efficiency of the overall system to reduce
      the quantity of carbon dioxide emissions released from the system
      per megawatt generated; and
        (4) in accordance with the carbon dioxide capture program, to
      promote a robust carbon sequestration program and continue the
      work of the Department, in conjunction with the private sector,
      through regional carbon sequestration partnerships.
    (c) Authorization of appropriations
      From amounts authorized under section 16291(b) of this title, the
    following sums are authorized for activities described in
    subsection (a)(2):
        (1) $25,000,000 for fiscal year 2006;
        (2) $30,000,000 for fiscal year 2007; and
        (3) $35,000,000 for fiscal year 2008.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 963, Aug. 8, 2005, 119 Stat. 891.)

-End-



-CITE-
    42 USC Sec. 16294                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part F - Fossil Energy

-HEAD-
    Sec. 16294. Research and development for coal mining technologies

-STATUTE-
    (a) Establishment
      The Secretary shall carry out a program for research and
    development on coal mining technologies.
    (b) Cooperation
      In carrying out the program, the Secretary shall cooperate with
    appropriate Federal agencies, coal producers, trade associations,
    equipment manufacturers, institutions of higher education with
    mining engineering departments, and other relevant entities.
    (c) Program
      The research and development activities carried out under this
    section shall - 
        (1) be guided by the mining research and development priorities
      identified by the Mining Industry of the Future Program and in
      the recommendations from relevant reports of the National Academy
      of Sciences on mining technologies;
        (2) include activities exploring minimization of contaminants
      in mined coal that contribute to environmental concerns including
      development and demonstration of electromagnetic wave imaging
      ahead of mining operations;
        (3) develop and demonstrate coal bed electromagnetic wave
      imaging, spectroscopic reservoir analysis technology, and
      techniques for horizontal drilling in order to - 
          (A) identify areas of high coal gas content;
          (B) increase methane recovery efficiency;
          (C) prevent spoilage of domestic coal reserves; and
          (D) minimize water disposal associated with methane
        extraction; and

        (4) expand mining research capabilities at institutions of
      higher education.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 964, Aug. 8, 2005, 119 Stat. 892.)

-End-



-CITE-
    42 USC Sec. 16295                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part F - Fossil Energy

-HEAD-
    Sec. 16295. Oil and gas research programs

-STATUTE-
    (a) In general
      The Secretary shall conduct a program of research, development,
    demonstration, and commercial application of oil and gas, including
    - 
        (1) exploration and production;
        (2) gas hydrates;
        (3) reservoir life and extension;
        (4) transportation and distribution infrastructure;
        (5) ultraclean fuels;
        (6) heavy oil, oil shale, and tar sands; and
        (7) related environmental research.
    (b) Objectives
      The objectives of this program shall include advancing the
    science and technology available to domestic petroleum producers,
    particularly independent operators, to minimize the economic
    dislocation caused by the decline of domestic supplies of oil and
    natural gas resources.
    (c) Natural gas and oil deposits report
      Not later than 2 years after August 8, 2005, and every 2 years
    thereafter, the Secretary of the Interior, in consultation with
    other appropriate Federal agencies, shall submit to Congress a
    report on the latest estimates of natural gas and oil reserves,
    reserves growth, and undiscovered resources in Federal and State
    waters off the coast of Louisiana, Texas, Alabama, and Mississippi.
    (d) Integrated clean power and energy research
      (1) Establishment of center
        The Secretary shall establish a national center or consortium
      of excellence in clean energy and power generation, using the
      resources of the Clean Power and Energy Research Consortium in
      existence on August 8, 2005, to address the critical dependence
      of the United States on energy and the need to reduce emissions.
      (2) Focus areas
        The center or consortium shall conduct a program of research,
      development, demonstration, and commercial application on
      integrating the following 6 focus areas:
          (A) Efficiency and reliability of gas turbines for power
        generation.
          (B) Reduction in emissions from power generation.
          (C) Promotion of energy conservation issues.
          (D) Effectively using alternative fuels and renewable energy.
          (E) Development of advanced materials technology for oil and
        gas exploration and use in harsh environments.
          (F) Education on energy and power generation issues.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 965, Aug. 8, 2005, 119 Stat. 892.)

-End-



-CITE-
    42 USC Sec. 16296                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part F - Fossil Energy

-HEAD-
    Sec. 16296. Low-volume oil and gas reservoir research program

-STATUTE-
    (a) Definition of GIS
      In this section, the term "GIS" means geographic information
    systems technology that facilitates the organization and management
    of data with a geographic component.
    (b) Program
      The Secretary shall establish a program of research, development,
    demonstration, and commercial application to maximize the
    productive capacity of marginal wells and reservoirs.
    (c) Data collection
      Under the program, the Secretary shall collect data on - 
        (1) the status and location of marginal wells and oil and gas
      reservoirs;
        (2) the production capacity of marginal wells and oil and gas
      reservoirs;
        (3) the location of low-pressure gathering facilities and
      pipelines; and
        (4) the quantity of natural gas vented or flared in association
      with crude oil production.
    (d) Analysis
      Under the program, the Secretary shall - 
        (1) estimate the remaining producible reserves based on
      variable pipeline pressures; and
        (2) recommend measures that will enable the continued
      production of those resources.
    (e) Study
      (1) In general
        The Secretary may award a grant to an organization of States
      that contain significant numbers of marginal oil and natural gas
      wells to conduct an annual study of low-volume natural gas
      reservoirs.
      (2) Organization with no GIS capabilities
        If an organization receiving a grant under paragraph (1) does
      not have GIS capabilities, the organization shall contract with
      an institution of higher education with GIS capabilities.
      (3) State geologists
        The organization receiving a grant under paragraph (1) shall
      collaborate with the State geologist of each State being studied.
    (f) Public information
      The Secretary may use the data collected and analyzed under this
    section to produce maps and literature to disseminate to States to
    promote conservation of natural gas reserves.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 966, Aug. 8, 2005, 119 Stat. 893.)

-End-



-CITE-
    42 USC Sec. 16297                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part F - Fossil Energy

-HEAD-
    Sec. 16297. Complex Well Technology Testing Facility

-STATUTE-
      The Secretary, in coordination with industry leaders in extended
    research drilling technology, shall establish a Complex Well
    Technology Testing Facility at the Rocky Mountain Oilfield Testing
    Center to increase the range of extended drilling technologies.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 967, Aug. 8, 2005, 119 Stat. 894.)

-End-


-CITE-
    42 USC Part G - Science                                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
                             PART G - SCIENCE                         

-End-



-CITE-
    42 USC Sec. 16311                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16311. Science

-STATUTE-
    (a) In general
      The Secretary shall conduct, through the Office of Science,
    programs of research, development, demonstration, and commercial
    application in high energy physics, nuclear physics, biological and
    environmental research, basic energy sciences, advanced scientific
    computing research, and fusion energy sciences, including
    activities described in this part. The programs shall include
    support for facilities and infrastructure, education, outreach,
    information, analysis, and coordination activities.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out research, development, demonstration, and commercial
    application activities of the Office of Science, including
    activities authorized under this part (including the amounts
    authorized under the amendment made by section 976(b) (!1) and
    including basic energy sciences, advanced scientific and computing
    research, biological and environmental research, fusion energy
    sciences, high energy physics, nuclear physics, research analysis,
    and infrastructure support) - 

        (1) $4,153,000,000 for fiscal year 2007;
        (2) $4,586,000,000 for fiscal year 2008; and
        (3) $5,200,000,000 for fiscal year 2009.
    (c) Allocations
      From amounts authorized under subsection (b), the following sums
    are authorized:
        (1) For activities under the Fusion Energy Sciences program
      (including activities under section 16312 of this title) - 
          (A) $355,500,000 for fiscal year 2007;
          (B) $369,500,000 for fiscal year 2008;
          (C) $384,800,000 for fiscal year 2009; and
          (D) in addition to the amounts authorized under subparagraphs
        (A), (B), and (C), such sums as may be necessary for ITER
        construction, consistent with the limitations of section
        16312(c)(5) of this title.

        (2) For activities under the catalysis research program under
      section 16313 of this title - 
          (A) $36,500,000 for fiscal year 2007;
          (B) $38,200,000 for fiscal year 2008; and
          (C) such sums as may be necessary for fiscal year 2009.

        (3) For activities under the Systems Biology Program under
      section 16317 of this title such sums as may be necessary for
      each of fiscal years 2007 through 2009.
        (4) For activities under the Energy and Water Supplies program
      under section 16319 of this title, $30,000,000 for each of fiscal
      years 2007 through 2009.
        (5) For the energy research fellowships programs under section
      16324 of this title, $40,000,000 for each of fiscal years 2007
      through 2009.
        (6) For the advanced scientific computing activities under
      section 976 -  (!1)
          (A) $270,000,000 for fiscal year 2007;
          (B) $350,000,000 for fiscal year 2008; and
          (C) $375,000,000 for fiscal year 2009.

        (7) For the science and engineering education pilot program
      under section 16323 of this title - 
          (A) $4,000,000 for each of fiscal years 2007 and 2008; and
          (B) $8,000,000 for fiscal year 2009.
    (d) Integrated bioenergy research and development
      In addition to amounts otherwise authorized by this section,
    there are authorized to be appropriated to the Secretary for
    integrated bioenergy research and development programs, projects,
    and activities, $49,000,000 for each of the fiscal years 2005
    through 2009. Activities funded under this subsection shall be
    coordinated with ongoing related programs of other Federal
    agencies, including the Plant Genome Program of the National
    Science Foundation. Of the funds authorized under this subsection,
    at least $5,000,000 for each fiscal year shall be for training and
    education targeted to minority and socially disadvantaged farmers
    and ranchers.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 971, Aug. 8, 2005, 119 Stat. 898.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsecs. (a) and (b), was in the
    original "this subtitle", meaning subtitle G (Secs. 971-984A) of
    title IX of Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 898, which
    enacted this part and amended section 5523 of Title 15, Commerce
    and Trade. For complete classification of subtitle G to the Code,
    see Tables.
      Section 976, referred to in subsecs. (b) and (c)(6), is section
    976 of Pub. L. 109-58. Subsection (a) of section 976 is classified
    to section 16316 of this title and subsection (b) of section 976
    amended section 5523 of Title 15, Commerce and Trade.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 16312                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16312. Fusion energy sciences program

-STATUTE-
    (a) Declaration of policy
      It shall be the policy of the United States to conduct research,
    development, demonstration, and commercial applications to provide
    for the scientific, engineering, and commercial infrastructure
    necessary to ensure that the United States is competitive with
    other countries in providing fusion energy for its own needs and
    the needs of other countries, including by demonstrating electric
    power or hydrogen production for the United States energy grid
    using fusion energy at the earliest date.
    (b) Planning
      (1) In general
        Not later than 180 days after August 8, 2005, the Secretary
      shall submit to Congress a plan (with proposed cost estimates,
      budgets, and lists of potential international partners) for the
      implementation of the policy described in subsection (a) in a
      manner that ensures that - 
          (A) existing fusion research facilities are more fully used;
          (B) fusion science, technology, theory, advanced computation,
        modeling, and simulation are strengthened;
          (C) new magnetic and inertial fusion research and development
        facilities are selected based on scientific innovation and cost
        effectiveness, and the potential of the facilities to advance
        the goal of practical fusion energy at the earliest date
        practicable;
          (D) facilities that are selected are funded at a cost-
        effective rate;
          (E) communication of scientific results and methods between
        the fusion energy science community and the broader scientific
        and technology communities is improved;
          (F) inertial confinement fusion facilities are used to the
        extent practicable for the purpose of inertial fusion energy
        research and development;
          (G) attractive alternative inertial and magnetic fusion
        energy approaches are more fully explored; and
          (H) to the extent practicable, the recommendations of the
        Fusion Energy Sciences Advisory Committee in the report on
        workforce planning, dated March 2004, are carried out,
        including periodic reassessment of program needs.
      (2) Costs and schedules
        The plan shall also address the status of and, to the extent
      practicable, costs and schedules for - 
          (A) the design and implementation of international or
        national facilities for the testing of fusion materials; and
          (B) the design and implementation of international or
        national facilities for the testing and development of key
        fusion technologies.
    (c) United States participation in ITER
      (1) Definitions
        In this subsection:
        (A) Construction
          (i) In general
            The term "construction" means - 
              (I) the physical construction of the ITER facility; and
              (II) the physical construction, purchase, or manufacture
            of equipment or components that are specifically designed
            for the ITER facility.
          (ii) Exclusions
            The term "construction" does not include the design of the
          facility, equipment, or components.
        (B) ITER
          The term "ITER" means the international burning plasma fusion
        research project in which the President announced United States
        participation on January 30, 2003, or any similar international
        project.
      (2) Participation
        The United States may participate in the ITER only in
      accordance with this subsection.
      (3) Agreement
        (A) In general
          The Secretary may negotiate an agreement for United States
        participation in the ITER.
        (B) Contents
          Any agreement for United States participation in the ITER
        shall, at a minimum - 
            (i) clearly define the United States financial contribution
          to construction and operating costs, as well as any other
          costs associated with a project;
            (ii) ensure that the share of high-technology components of
          the ITER manufactured in the United States is at least
          proportionate to the United States financial contribution to
          the ITER;
            (iii) ensure that the United States will not be financially
          responsible for cost overruns in components manufactured in
          other ITER participating countries;
            (iv) guarantee the United States full access to all data
          generated by the ITER;
            (v) enable United States researchers to propose and carry
          out an equitable share of the experiments at the ITER;
            (vi) provide the United States with a role in all
          collective decisionmaking related to the ITER; and
            (vii) describe the process for discontinuing or
          decommissioning the ITER and any United States role in that
          process.
      (4) Plan
        (A) Development
          The Secretary, in consultation with the Fusion Energy
        Sciences Advisory Committee, shall develop a plan for the
        participation of United States scientists in the ITER that
        shall include - 
            (i) the United States research agenda for the ITER;
            (ii) methods to evaluate whether the ITER is promoting
          progress toward making fusion a reliable and affordable
          source of power; and
            (iii) a description of how work at the ITER will relate to
          other elements of the United States fusion program.
        (B) Review
          The Secretary shall request a review of the plan by the
        National Academy of Sciences.
      (5) Limitation
        No Federal funds shall be expended for the construction of the
      ITER until the Secretary has submitted to Congress - 
          (A) the agreement negotiated in accordance with paragraph (3)
        and 120 days have elapsed since that submission;
          (B) a report describing the management structure of the ITER
        and providing a fixed dollar estimate of the cost of United
        States participation in the construction of the ITER, and 120
        days have elapsed since that submission;
          (C) a report describing how United States participation in
        the ITER will be funded without reducing funding for other
        programs in the Office of Science (including other fusion
        programs), and 60 days have elapsed since that submission; and
          (D) the plan required by paragraph (4) (but not the National
        Academy of Sciences review of that plan), and 60 days have
        elapsed since that submission.
      (6) Alternative to ITER
        (A) In general
          If at any time during the negotiations on the ITER, the
        Secretary determines that construction and operation of the
        ITER is unlikely or infeasible, the Secretary shall submit to
        Congress, along with the budget request of the President
        submitted to Congress for the following fiscal year, a plan for
        implementing a domestic burning plasma experiment such as the
        Fusion Ignition Research Experiment, including costs and
        schedules for the plan.
        (B) Administration
          The Secretary shall - 
            (i) refine the plan in full consultation with the Fusion
          Energy Sciences Advisory Committee; and
            (ii) transmit the plan to the National Academy of Sciences
          for review.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 972, Aug. 8, 2005, 119 Stat. 899.)

-End-



-CITE-
    42 USC Sec. 16313                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16313. Catalysis research program

-STATUTE-
    (a) Establishment
      The Secretary, acting through the Office of Science, shall
    support a program of research and development in catalysis science
    consistent with the statutory authorities of the Department related
    to research and development.
    (b) Components
      The program shall include efforts to - 
        (1) enable catalyst design using combinations of experimental
      and mechanistic methodologies coupled with computational modeling
      of catalytic reactions at the molecular level;
        (2) develop techniques for high throughput synthesis, assay,
      and characterization at nanometer and subnanometer scales in-situ
      under actual operating conditions;
        (3) synthesize catalysts with specific site architectures;
        (4) conduct research on the use of precious metals for
      catalysis; and
        (5) translate molecular understanding to the design of
      catalytic compounds.
    (c) Duties of the Office of Science
      In carrying out the program, the Director of the Office of
    Science shall - 
        (1) support both individual investigators and multidisciplinary
      teams of investigators to pioneer new approaches in catalytic
      design;
        (2) develop, plan, construct, acquire, share, or operate
      special equipment or facilities for the use of investigators in
      collaboration with national user facilities, such as nanoscience
      and engineering centers;
        (3) support technology transfer activities to benefit industry
      and other users of catalysis science and engineering; and
        (4) coordinate research and development activities with
      industry and other Federal agencies.
    (d) Assessment
      Not later than 3 years after August 8, 2005, the Secretary shall
    enter into an arrangement with the National Academy of Sciences to -
     
        (1) review the catalysis program to measure - 
          (A) gains made in the fundamental science of catalysis; and
          (B) progress towards developing new fuels for energy
        production and material fabrication processes; and

        (2) submit to Congress a report describing the results of the
      review.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 973, Aug. 8, 2005, 119 Stat. 902.)

-End-



-CITE-
    42 USC Sec. 16314                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16314. Hydrogen

-STATUTE-
    (a) In general
      The Secretary shall conduct a program of fundamental research and
    development in support of programs authorized under subchapter
    VIII.
    (b) Methods
      The program shall include support for methods of generating
    hydrogen without the use of natural gas.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 974, Aug. 8, 2005, 119 Stat. 903.)

-End-



-CITE-
    42 USC Sec. 16315                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16315. Solid state lighting

-STATUTE-
      The Secretary shall conduct a program of fundamental research on
    solid state lighting in support of the Next Generation Lighting
    Initiative carried out under section 16192 of this title.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 975, Aug. 8, 2005, 119 Stat. 903.)

-End-



-CITE-
    42 USC Sec. 16316                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16316. Advanced scientific computing research and development
      program

-STATUTE-
    (1) In general
      The Secretary shall conduct an advanced scientific computing
    research and development program that includes activities related
    to applied mathematics and activities authorized by the Department
    of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C.
    5541 et seq.).
    (2) Goal
      The Secretary shall carry out the program with the goal of
    supporting departmental missions, and providing the high-
    performance computational, networking, advanced visualization
    technologies, and workforce resources, that are required for world
    leadership in science.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 976(a), Aug. 8, 2005, 119 Stat.
    903.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Department of Energy High-End Computing Revitalization Act of
    2004, referred to in par. (1), is Pub. L. 108-423, Nov. 30, 2004,
    118 Stat. 2400, which is classified principally to subchapter III
    (Sec. 5541 et seq.) of chapter 81 of Title 15, Commerce and Trade.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 5501 of Title 15 and Tables.

-End-



-CITE-
    42 USC Sec. 16317                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16317. Systems biology program

-STATUTE-
    (a) Program
      (1) Establishment
        The Secretary shall establish a research, development, and
      demonstration program in microbial and plant systems biology,
      protein science, and computational biology to support the energy,
      national security, and environmental missions of the Department.
      (2) Grants
        The program shall support individual researchers and
      multidisciplinary teams of researchers through competitive, merit-
      reviewed grants.
      (3) Consultation
        In carrying out the program, the Secretary shall consult with
      other Federal agencies that conduct genetic and protein research.
    (b) Goals
      The program shall have the goal of developing technologies and
    methods based on the biological functions of genomes, microbes, and
    plants that - 
        (1) can facilitate the production of fuels, including hydrogen;
        (2) convert carbon dioxide to organic carbon;
        (3) detoxify soils and water, including at facilities of the
      Department, contaminated with heavy metals and radiological
      materials; and
        (4) address other Department missions as identified by the
      Secretary.
    (c) Plan
      (1) Development of plan
        Not later than 1 year after August 8, 2005, the Secretary shall
      prepare and transmit to Congress a research plan describing how
      the program authorized pursuant to this section will be
      undertaken to accomplish the program goals established in
      subsection (b).
      (2) Review of plan
        The Secretary shall contract with the National Academy of
      Sciences to review the research plan developed under this
      subsection. The Secretary shall transmit the review to Congress
      not later than 18 months after transmittal of the research plan
      under paragraph (1), along with the Secretary's response to the
      recommendations contained in the review.
    (d) User facilities and ancillary equipment
      Within the funds authorized to be appropriated pursuant to this
    part, amounts shall be available for projects to develop, plan,
    construct, acquire, or operate special equipment, instrumentation,
    or facilities, including user facilities at National Laboratories,
    for researchers conducting research, development, demonstration,
    and commercial application in systems biology and proteomics and
    associated biological disciplines.
    (e) Prohibition on biomedical and human cell and human subject
      research
      (1) No biomedical research
        In carrying out the program under this section, the Secretary
      shall not conduct biomedical research.
      (2) Limitations
        Nothing in this section shall authorize the Secretary to
      conduct any research or demonstrations - 
          (A) on human cells or human subjects; or
          (B) designed to have direct application with respect to human
        cells or human subjects.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 977, Aug. 8, 2005, 119 Stat. 903.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (d), was in the original "this
    subtitle", meaning subtitle G (Secs. 971-984A) of title IX of Pub.
    L. 109-58, Aug. 8, 2005, 119 Stat. 898, which enacted this part and
    amended section 5523 of Title 15, Commerce and Trade. For complete
    classification of subtitle G to the Code, see Tables.

-End-



-CITE-
    42 USC Sec. 16318                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16318. Fission and fusion energy materials research program

-STATUTE-
    (a) In general
      Along with the budget request of the President submitted to
    Congress for fiscal year 2007, the Secretary shall establish a
    research and development program on material science issues
    presented by advanced fission reactors and the fusion energy
    program of the Department.
    (b) Administration
      In carrying out the program, the Secretary shall develop - 
        (1) a catalog of material properties required for applications
      described in subsection (a);
        (2) theoretical models for materials possessing the required
      properties;
        (3) benchmark models against existing data; and
        (4) a roadmap to guide further research and development in the
      area covered by the program.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 978, Aug. 8, 2005, 119 Stat. 904.)

-End-



-CITE-
    42 USC Sec. 16319                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16319. Energy and water supplies

-STATUTE-
    (a) In general
      The Secretary shall carry out a program of research, development,
    demonstration, and commercial application to - 
        (1) address energy-related issues associated with provision of
      adequate water supplies, optimal management, and efficient use of
      water;
        (2) address water-related issues associated with the provision
      of adequate supplies, optimal management, and efficient use of
      energy; and
        (3) assess the effectiveness of existing programs within the
      Department and other Federal agencies to address these energy and
      water related issues.
    (b) Program elements
      The program under this section shall include - 
        (1) arsenic treatment;
        (2) desalination; and
        (3) planning, analysis, and modeling of energy and water supply
      and demand.
    (c) Collaboration
      In carrying out this section, the Secretary shall consult with
    the Administrator of the Environmental Protection Agency, the
    Secretary of the Interior, the Chief Engineer of the Army Corps of
    Engineers, the Secretary of Commerce, the Secretary of Defense, and
    other Federal agencies as appropriate.
    (d) Facilities
      The Secretary may utilize all existing facilities within the
    Department and may design and construct additional facilities as
    needed to carry out the purposes of this program.
    (e) Advisory committee
      The Secretary shall establish or utilize an advisory committee to
    provide independent advice and review of the program.
    (f) Reports
      Not later than 2 years after August 8, 2005, the Secretary shall
    submit to Congress a report on the assessment described in
    subsection (b) and recommendations for future actions.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 979, Aug. 8, 2005, 119 Stat. 905.)

-End-



-CITE-
    42 USC Sec. 16320                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16320. Spallation Neutron Source

-STATUTE-
    (a) Definitions
      In this section:
      (1) SING
        The term "SING" means the Spallation Neutron Source Instruments
      Next Generation major item of equipment.
      (2) SNS power upgrade
        The term "SNS power upgrade" means the Spallation Neutron
      Source power upgrade described in the 20-year facilities plan of
      the Office of Science of the Department.
      (3) SNS second target station
        The term "SNS second target station" means the Spallation
      Neutron Source second target station described in the 20-year
      facilities plan of the Office of Science of the Department.
      (4) Spallation Neutron Source Facility
        The terms "Spallation Neutron Source Facility" and "Facility"
      mean the completed Spallation Neutron Source scientific user
      facility located at Oak Ridge National Laboratory, Oak Ridge,
      Tennessee.
      (5) Spallation Neutron Source Project
        The terms "Spallation Neutron Source Project" and "Project"
      means Department Project 99-E-334, Oak Ridge National Laboratory,
      Oak Ridge, Tennessee.
    (b) Spallation Neutron Source Project
      (1) In general
        The Secretary shall submit to Congress, as part of the annual
      budget request of the President submitted to Congress, a report
      on progress on the Spallation Neutron Source Project.
      (2) Contents
        The report shall include for the Project - 
          (A) a description of the achievement of milestones;
          (B) a comparison of actual costs to estimated costs; and
          (C) any changes in estimated Project costs or schedule.
    (c) Spallation Neutron Source Facility plan
      (1) In general
        The Secretary shall develop an operational plan for the
      Spallation Neutron Source Facility that ensures that the Facility
      is employed to the full capability of the Facility in support of
      the study of advanced materials, nanoscience, and other missions
      of the Office of Science of the Department.
      (2) Plan
        The operational plan shall - 
          (A) include a plan for the operation of an effective
        scientific user program that - 
            (i) is based on peer review of proposals submitted for use
          of the Facility;
            (ii) includes scientific and technical support to ensure
          that external users, including researchers based at
          institutions of higher education, are able to make full use
          of a variety of high quality scientific instruments; and
            (iii) phases in systems upgrades to ensure that the
          Facility remains at the forefront of international scientific
          endeavors in the field of the Facility throughout the
          operating life of the Facility;

          (B) include an ongoing program to develop new instruments
        that builds on the high performance neutron source and that
        allows neutron scattering techniques to be applied to a growing
        range of scientific problems and disciplines; and
          (C) address the status of and, to the maximum extent
        practicable, costs and schedules for - 
            (i) full user mode operations of the Facility;
            (ii) instrumentation built at the Facility during the
          operating phase through full use of the experimental hall,
          including the SING;
            (iii) the SNS power upgrade; and
            (iv) the SNS second target station.
    (d) Authorization of appropriations
      (1) Spallation Neutron Source Project
        There is authorized to be appropriated to carry out the
      Spallation Neutron Source Project for the lifetime of the Project
      $1,411,700,000 for total project costs, of which - 
          (A) $1,192,700,000 shall be used for the costs of
        construction; and
          (B) $219,000,000 shall be used for other Project costs.
      (2) Spallation Neutron Source Facility
        (A) In general
          Except as provided in subparagraph (B), there is authorized
        to be appropriated for the Spallation Neutron Source Facility
        for - 
            (i) the SING, $75,000,000 for each of fiscal year 2007
          through 2009; and
            (ii) the SNS power upgrade, $160,000,000, to remain
          available until expended.
        (B) Insufficient stockpiles of heavy water
          If stockpiles of heavy water of the Department are
        insufficient to meet the needs of the Facility, there is
        authorized to be appropriated for the Facility $12,000,000 for
        fiscal year 2007.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 980, Aug. 8, 2005, 119 Stat. 905.)

-End-



-CITE-
    42 USC Sec. 16321                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16321. Rare Isotope Accelerator

-STATUTE-
    (a) Establishment
      The Secretary shall construct and operate a Rare Isotope
    Accelerator. The Secretary shall commence construction no later
    than September 30, 2008.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary such
    sums as may be necessary to carry out this section. The Secretary
    shall not spend more than $1,100,000,000 in Federal funds for all
    activities associated with the Rare Isotope Accelerator, prior to
    operation of the Accelerator.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 981, Aug. 8, 2005, 119 Stat. 907.)

-End-



-CITE-
    42 USC Sec. 16322                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16322. Office of Scientific and Technical Information

-STATUTE-
      The Secretary, through the Office of Scientific and Technical
    Information, shall maintain within the Department publicly
    available collections of scientific and technical information
    resulting from research, development, demonstration, and commercial
    applications activities supported by the Department.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 982, Aug. 8, 2005, 119 Stat. 907.)

-End-



-CITE-
    42 USC Sec. 16323                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16323. Science and engineering education pilot program

-STATUTE-
    (a) Establishment of pilot program
      The Secretary shall award a grant to a Southeastern United States
    consortium of major research universities that currently advances
    science and education by partnering with National Laboratories, to
    establish a regional pilot program of its SEEK-16 program for
    enhancing scientific, technological, engineering, and mathematical
    literacy, creativity, and decision-making. The consortium shall
    include leading research universities, one or more universities
    that train substantial numbers of elementary and secondary school
    teachers, and (where appropriate) National Laboratories.
    (b) Program elements
      The regional pilot program shall include - 
        (1) expanding strategic, formal partnerships among universities
      with strength in research, universities that train substantial
      numbers of elementary and secondary school teachers, and the
      private sector;
        (2) combining Department expertise with one or more National
      Aeronautics and Space Administration Educator Resource Centers;
        (3) developing programs to permit current and future teachers
      to participate in ongoing research projects at National
      Laboratories and research universities and to adapt lessons
      learned to the classroom;
        (4) designing and implementing course work;
        (5) designing and implementing a strategy for measuring and
      assessing progress under the program; and
        (6) developing models for transferring knowledge gained under
      the pilot program to other institutions and areas of the United
      States.
    (c) Categorization
      A grant under this section shall be considered an authorized
    activity under section 7381b of this title.
    (d) Report
      No later than 2 years after the award of the grant, the Secretary
    shall transmit to Congress a report outlining lessons learned and,
    if determined appropriate by the Secretary, containing a plan for
    expanding the program throughout the United States.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 983, Aug. 8, 2005, 119 Stat. 907.)

-End-



-CITE-
    42 USC Sec. 16324                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16324. Energy research fellowships

-STATUTE-
    (a) Postdoctoral fellowship program
      The Secretary shall establish a program under which the Secretary
    provides fellowships to encourage outstanding young scientists and
    engineers to pursue postdoctoral research appointments in energy
    research and development at institutions of higher education of
    their choice.
    (b) Senior research fellowships
      (1) In general
        The Secretary shall establish a program under which the
      Secretary provides fellowships to allow outstanding senior
      researchers and their research groups in energy research and
      development to explore research and development topics of their
      choosing for a period of not less than 3 years, to be determined
      by the Secretary.
      (2) Consideration
        In providing a fellowship under the program described in
      paragraph (1), the Secretary shall consider - 
          (A) the past scientific or technical accomplishment of a
        senior researcher; and
          (B) the potential for continued accomplishment by the
        researcher during the period of the fellowship.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 984, Aug. 8, 2005, 119 Stat. 908.)

-End-



-CITE-
    42 USC Sec. 16325                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part G - Science

-HEAD-
    Sec. 16325. Science and Technology Scholarship Program

-STATUTE-
    (a) In general
      The Secretary is authorized to establish a Science and Technology
    Scholarship Program to award scholarships to individuals that is
    designed to recruit and prepare students for careers in the
    Department and National Laboratories.
    (b) Service requirement
      The Secretary may require that an individual receiving a
    scholarship under this section serve as a full-time employee of the
    Department or a National Laboratory for a fixed period in return
    for receiving the scholarship.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 984A, Aug. 8, 2005, 119 Stat. 908.)

-End-


-CITE-
    42 USC Part H - International Cooperation                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part H - International Cooperation

-HEAD-
                    PART H - INTERNATIONAL COOPERATION                

-End-



-CITE-
    42 USC Sec. 16341                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part H - International Cooperation

-HEAD-
    Sec. 16341. Western Hemisphere energy cooperation

-STATUTE-
    (a) Program
      The Secretary shall carry out a program to promote cooperation on
    energy issues with countries of the Western Hemisphere.
    (b) Activities
      Under the program, the Secretary shall fund activities to work
    with countries of the Western Hemisphere to - 
        (1) increase the production of energy supplies;
        (2) improve energy efficiency; and
        (3) assist in the development and transfer of energy supply and
      efficiency technologies that would have a beneficial impact on
      world energy markets.
    (c) Participation by institutions of higher education
      To the extent practicable, the Secretary shall carry out the
    program under this section with the participation of institutions
    of higher education so as to take advantage of the acceptance of
    institutions of higher education by countries of the Western
    Hemisphere as sources of unbiased technical and policy expertise
    when assisting the Secretary in - 
        (1) evaluating new technologies;
        (2) resolving technical issues;
        (3) working with those countries in the development of new
      policies; and
        (4) training policymakers, particularly in the case of
      institutions of higher education that involve the participation
      of minority students, such as - 
          (A) Hispanic-serving institutions; and
          (B) part B institutions.
    (d) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    - 
        (1) $10,000,000 for fiscal year 2007;
        (2) $13,000,000 for fiscal year 2008; and
        (3) $16,000,000 for fiscal year 2009.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 985, Aug. 8, 2005, 119 Stat. 908.)

-End-



-CITE-
    42 USC Sec. 16342                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part H - International Cooperation

-HEAD-
    Sec. 16342. International energy training

-STATUTE-
    (a) In general
      The Secretary, in consultation with the Secretary of Commerce,
    the Secretary of the Interior, and Secretary of State, and the
    Federal Energy Regulatory Commission, shall coordinate training and
    outreach efforts for international commercial energy markets in
    countries with developing and restructuring economies.
    (b) Components
      The training and outreach efforts referred to in subsection (a)
    may include - 
        (1) production-related fiscal regimes;
        (2) grid and network issues;
        (3) energy user and demand side response;
        (4) international trade of energy; and
        (5) international transportation of energy.
    (c) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $1,500,000 for each of fiscal years 2007 through 2010.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 986A, Aug. 8, 2005, 119 Stat. 910.)

-End-


-CITE-
    42 USC Part I - Research Administration and Operations      01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
              PART I - RESEARCH ADMINISTRATION AND OPERATIONS          

-End-



-CITE-
    42 USC Sec. 16351                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16351. Availability of funds

-STATUTE-
      Funds authorized to be appropriated to the Department under this
    Act or an amendment made by this Act shall remain available until
    expended.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 987, Aug. 8, 2005, 119 Stat. 910.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 109-58, Aug. 8, 2005,
    119 Stat. 594, as amended, known as the Energy Policy Act of 2005,
    which enacted this chapter and enacted, amended, and repealed
    numerous other sections and notes in the Code. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16352                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16352. Cost sharing

-STATUTE-
    (a) Applicability
      Notwithstanding any other provision of law, in carrying out a
    research, development, demonstration, or commercial application
    program or activity that is initiated after August 8, 2005, the
    Secretary shall require cost-sharing in accordance with this
    section.
    (b) Research and development
      (1) In general
        Except as provided in paragraphs (2) and (3) and subsection
      (f), the Secretary shall require not less than 20 percent of the
      cost of a research or development activity described in
      subsection (a) to be provided by a non-Federal source.
      (2) Exclusion
        Paragraph (1) shall not apply to a research or development
      activity described in subsection (a) that is of a basic or
      fundamental nature, as determined by the appropriate officer of
      the Department.
      (3) Reduction
        The Secretary may reduce or eliminate the requirement of
      paragraph (1) for a research and development activity of an
      applied nature if the Secretary determines that the reduction is
      necessary and appropriate.
    (c) Demonstration and commercial application
      (1) In general
        Except as provided in paragraph (2) and subsection (f), the
      Secretary shall require that not less than 50 percent of the cost
      of a demonstration or commercial application activity described
      in subsection (a) to (!1) be provided by a non-Federal source.

      (2) Reduction of non-Federal share
        The Secretary may reduce the non-Federal share required under
      paragraph (1) if the Secretary determines the reduction to be
      necessary and appropriate, taking into consideration any
      technological risk relating to the activity.
    (d) Calculation of amount
      In calculating the amount of a non-Federal contribution under
    this section, the Secretary - 
        (1) may include allowable costs in accordance with the
      applicable cost principles, including - 
          (A) cash;
          (B) personnel costs;
          (C) the value of a service, other resource, or third party in-
        kind contribution determined in accordance with the applicable
        circular of the Office of Management and Budget;
          (D) indirect costs or facilities and administrative costs; or
          (E) any funds received under the power program of the
        Tennessee Valley Authority (except to the extent that such
        funds are made available under an annual appropriation Act);
        and

        (2) shall not include - 
          (A) revenues or royalties from the prospective operation of
        an activity beyond the time considered in the award;
          (B) proceeds from the prospective sale of an asset of an
        activity; or
          (C) other appropriated Federal funds.
    (e) Repayment of Federal share
      The Secretary shall not require repayment of the Federal share of
    a cost-shared activity under this section as a condition of making
    an award.
    (f) Exclusions
      This section shall not apply to - 
        (1) a cooperative research and development agreement under the
      Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
      3701 et seq.);
        (2) a fee charged for the use of a Department facility; or
        (3) an award under - 
          (A) the small business innovation research program under
        section 638 of title 15; or
          (B) the small business technology transfer program under that
        section.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 988, Aug. 8, 2005, 119 Stat. 910.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Stevenson-Wydler Technology Innovation Act of 1980, referred
    to in subsec. (f)(1), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat.
    2311, as amended, which is classified generally to chapter 63 (Sec.
    3701 et seq.) of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3701 of Title 15 and Tables.

-FOOTNOTE-
    (!1) So in original. The word "to" probably should not appear.


-End-



-CITE-
    42 USC Sec. 16353                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16353. Merit review of proposals

-STATUTE-
    (a) Awards
      Awards of funds authorized under this Act or an amendment made by
    this Act shall be made only after an impartial review of the
    scientific and technical merit of the proposals for the awards has
    been carried out by or for the Department.
    (b) Competition
      Competitive awards under this Act shall involve competitions open
    to all qualified entities within one or more of the following
    categories:
        (1) Institutions of higher education.
        (2) National Laboratories.
        (3) Nonprofit and for-profit private entities.
        (4) State and local governments.
        (5) Consortia of entities described in paragraphs (1) through
      (4).
    (c) Sense of Congress
      It is the sense of Congress that research, development,
    demonstration, and commercial application activities carried out by
    the Department should be awarded using competitive procedures, to
    the maximum extent practicable.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 989, Aug. 8, 2005, 119 Stat. 911.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a) and (b), is Pub. L. 109-58,
    Aug. 8, 2005, 119 Stat. 594, as amended, known as the Energy Policy
    Act of 2005, which enacted this chapter and enacted, amended, and
    repealed numerous other sections and notes in the Code. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16354                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16354. External technical review of departmental programs

-STATUTE-
    (a) National energy research and development advisory boards
      (1) Establishment
        The Secretary shall establish one or more advisory boards to
      review research, development, demonstration, and commercial
      application programs of the Department in energy efficiency,
      renewable energy, nuclear energy, and fossil energy.
      (2) Alternatives
        The Secretary may - 
          (A) designate an existing advisory board within the
        Department to fulfill the responsibilities of an advisory board
        under this section; and
          (B) enter into appropriate arrangements with the National
        Academy of Sciences to establish such an advisory board.
    (b) Use of existing committees
      The Secretary shall continue to use the scientific program
    advisory committees chartered under the Federal Advisory Committee
    Act (5 U.S.C. App.) by the Office of Science to oversee research
    and development programs under that Office.
    (c) Membership
      Each advisory board under this section shall consist of persons
    with appropriate expertise representing a diverse range of
    interests.
    (d) Meetings and goals
      (1) Meetings
        Each advisory board under this section shall meet at least
      semiannually to review and advise on the progress made by the
      respective one or more research, development, demonstration, and
      commercial application programs.
      (2) Goals
        The advisory board shall review the measurable cost and
      performance-based goals for the programs as established under
      section 16181 of this title, and the progress on meeting the
      goals.
    (e) Periodic reviews and assessments
      (1) In general
        The Secretary shall enter into appropriate arrangements with
      the National Academy of Sciences to conduct periodic reviews and
      assessments of - 
          (A) the research, development, demonstration, and commercial
        application programs authorized by this Act and amendments made
        by this Act;
          (B) the measurable cost and performance-based goals for the
        programs as established under section 16181 of this title, if
        any; and
          (C) the progress on meeting the goals.
      (2) Timing
        The reviews and assessments shall be conducted every 5 years or
      more often as the Secretary considers necessary.
      (3) Reports
        The Secretary shall submit to Congress reports describing the
      results of all the reviews and assessments.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 990, Aug. 8, 2005, 119 Stat. 912.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec. (b),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.
      This Act, referred to in subsec. (e)(1)(A), is Pub. L. 109-58,
    Aug. 8, 2005, 119 Stat. 594, as amended, known as the Energy Policy
    Act of 2005, which enacted this chapter and enacted, amended, and
    repealed numerous other sections and notes in the Code. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16355                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16355. National Laboratory designation

-STATUTE-
      After August 8, 2005, the Secretary shall not designate a
    facility that is not listed in section 15801(3) of this title as a
    National Laboratory.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 991, Aug. 8, 2005, 119 Stat. 913.)

-End-



-CITE-
    42 USC Sec. 16356                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16356. Report on equal employment opportunity practices

-STATUTE-
      Not later than 12 months after August 8, 2005, and biennially
    thereafter, the Secretary shall transmit to Congress a report on
    the equal employment opportunity practices at National
    Laboratories. Such report shall include - 
        (1) a thorough review of each National Laboratory contractor's
      equal employment opportunity policies, including promotion to
      management and professional positions and pay raises;
        (2) a statistical report on complaints and their disposition in
      the National Laboratories;
        (3) a description of how equal employment opportunity practices
      at the National Laboratories are treated in the contract and in
      calculating award fees for each contractor;
        (4) a summary of disciplinary actions and their disposition by
      either the Department or the relevant contractors for each
      National Laboratory;
        (5) a summary of outreach efforts to attract women and
      minorities to the National Laboratories;
        (6) a summary of efforts to retain women and minorities in the
      National Laboratories; and
        (7) a summary of collaboration efforts with the Office of
      Federal Contract Compliance Programs to improve equal employment
      opportunity practices at the National Laboratories.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 992, Aug. 8, 2005, 119 Stat. 913.)

-End-



-CITE-
    42 USC Sec. 16357                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16357. Strategy and plan for science and energy facilities and
      infrastructure

-STATUTE-
    (a) Facility and infrastructure policy
      (1) In general
        The Secretary shall develop and implement a strategy for
      facilities and infrastructure supported primarily from the Office
      of Science, the Office of Energy Efficiency and Renewable Energy,
      the Office of Fossil Energy, or the Office of Nuclear Energy,
      Science and Technology Programs at all National Laboratories and
      single-purpose research facilities.
      (2) Strategy
        The strategy shall provide cost-effective means for - 
          (A) maintaining existing facilities and infrastructure;
          (B) closing unneeded facilities;
          (C) making facility modifications; and
          (D) building new facilities.
    (b) Report
      (1) In general
        The Secretary shall prepare and submit, along with the budget
      request of the President submitted to Congress for fiscal year
      2008, a report describing the strategy developed under subsection
      (a).
      (2) Contents
        For each National Laboratory and single-purpose research
      facility that is primarily used for science and energy research,
      the report shall contain - 
          (A) the current priority list of proposed facilities and
        infrastructure projects, including cost and schedule
        requirements;
          (B) a current 10-year plan that demonstrates the
        reconfiguration of its facilities and infrastructure to meet
        its missions and to address its long-term operational costs and
        return on investment;
          (C) the total current budget for all facilities and
        infrastructure funding; and
          (D) the current status of each facility and infrastructure
        project compared to the original baseline cost, schedule, and
        scope.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 993, Aug. 8, 2005, 119 Stat. 913.)

-End-



-CITE-
    42 USC Sec. 16358                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16358. Strategic research portfolio analysis and coordination
      plan

-STATUTE-
    (a) In general
      The Secretary shall periodically review all of the science and
    technology activities of the Department in a strategic framework
    that takes into account both the frontiers of science to which the
    Department can contribute and the national needs relevant to the
    Department's statutory missions.
    (b) Coordination analysis and plan
      As part of the review under subsection (a), the Secretary shall
    develop a coordination plan to improve coordination and
    collaboration in research, development, demonstration, and
    commercial application activities across Department organizational
    boundaries.
    (c) Plan contents
      The plan shall describe - 
        (1) cross-cutting scientific and technical issues and research
      questions that span more than one program or major office of the
      Department;
        (2) how the applied technology programs of the Department are
      coordinating their activities, and addressing those questions;
        (3) ways in which the technical interchange within the
      Department, particularly between the Office of Science and the
      applied technology programs, can be enhanced, including ways in
      which the research agendas of the Office of Science and the
      applied programs can interact and assist each other;
        (4) a description of how the Secretary will ensure that the
      Department's overall research agenda include, in addition to
      fundamental, curiosity-driven research, fundamental research
      related to topics of concern to the applied programs, and
      applications in Departmental technology programs of research
      results generated by fundamental, curiosity-driven research.
    (d) Plan transmittal
      Not later than 12 months after August 8, 2005, and every 4 years
    thereafter, the Secretary shall transmit to Congress the results of
    the review under subsection (a) and the coordination plan under
    subsection (b).

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 994, Aug. 8, 2005, 119 Stat. 914.)

-End-



-CITE-
    42 USC Sec. 16359                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16359. Competitive award of management contracts

-STATUTE-
      None of the funds authorized to be appropriated to the Secretary
    by this subchapter may be used to award a management and operating
    contract for a National Laboratory (excluding those named in
    subparagraphs (G), (H), (N), and (O) of section 15801(3) of this
    title), unless such contract is competitively awarded, or the
    Secretary grants, on a case-by-case basis, a waiver. The Secretary
    may not delegate the authority to grant such a waiver and shall
    submit to Congress a report notifying it of the waiver, and setting
    forth the reasons for the waiver, at least 60 days prior to the
    date of the award of such contract.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 995, Aug. 8, 2005, 119 Stat. 914.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title", meaning title IX of Pub. L. 109-58, Aug. 8, 2005, 119 Stat.
    856, which enacted this subchapter, amended sections 8101 and 8102
    of Title 7, Agriculture, and section 5523 of Title 15, Commerce and
    Trade, enacted provisions set out as notes under section 15801 of
    this title, section 8102 of Title 7, and section 2001 of Title 30,
    Mineral Lands and Mining, and amended provisions set out as notes
    under section 8101 of Title 7 and section 1902 of Title 30. For
    complete classification of title IX to the Code, see Short Title
    note set out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16360                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16360. Western Michigan demonstration project

-STATUTE-
      The Administrator of the Environmental Protection Agency, in
    consultation with the State of Michigan and affected local
    officials, shall conduct a demonstration project to address the
    effect of transported ozone and ozone precursors in Southwestern
    Michigan. The demonstration program shall address projected
    nonattainment areas in Southwestern Michigan that include counties
    with design values for ozone of less than .095 based on years 2000
    to 2002 or the most current 3-year period of air quality data. The
    Administrator shall assess any difficulties such areas may
    experience in meeting the 8-hour national ambient air quality
    standard for ozone due to the effect of transported ozone or ozone
    precursors into the areas. The Administrator shall work with State
    and local officials to determine the extent of ozone and ozone
    precursor transport, to assess alternatives to achieve compliance
    with the 8-hour standard apart from local controls, and to
    determine the timeframe in which such compliance could take place.
    The Administrator shall complete this demonstration project no
    later than 2 years after August 8, 2005, and shall not impose any
    requirement or sanction under the Clean Air Act (42 U.S.C. 7401 et
    seq.) that might otherwise apply during the pendency of the
    demonstration project.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 996, Aug. 8, 2005, 119 Stat. 915.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in text, is act July 14, 1955, ch.
    360, 69 Stat. 322, as amended, which is classified generally to
    chapter 85 (Sec. 7401 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7401 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16361                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16361. Arctic Engineering Research Center

-STATUTE-
    (a) In general
      The Secretary of Transportation, in consultation with the
    Secretary and the United States Arctic Research Commission, shall
    provide annual grants to a university located adjacent to the
    Arctic Energy Office of the Department of Energy, to establish and
    operate a university research center to be headquartered in
    Fairbanks and to be known as the "Arctic Engineering Research
    Center" (referred to in this section as the "Center").
    (b) Purpose
      The purpose of the Center shall be to conduct research on, and
    develop improved methods of, construction and use of materials to
    improve the overall performance of roads, bridges, residential,
    commercial, and industrial structures, and other infrastructure in
    the Arctic region, with an emphasis on developing - 
        (1) new construction techniques for roads, bridges, rail, and
      related transportation infrastructure and residential,
      commercial, and industrial infrastructure that are capable of
      withstanding the Arctic environment and using limited energy
      resources as efficiently as practicable;
        (2) technologies and procedures for increasing road, bridge,
      rail, and related transportation infrastructure and residential,
      commercial, and industrial infrastructure safety, reliability,
      and integrity in the Arctic region;
        (3) new materials and improving the performance and energy
      efficiency of existing materials for the construction of roads,
      bridges, rail, and related transportation infrastructure and
      residential, commercial, and industrial infrastructure in the
      Arctic region; and
        (4) recommendations for new local, regional, and State
      permitting and building codes to ensure transportation and
      building safety and efficient energy use when constructing,
      using, and occupying such infrastructure in the Arctic region.
    (c) Objectives
      The Center shall carry out - 
        (1) basic and applied research in the subjects described in
      subsection (b), the products of which shall be judged by peers or
      other experts in the field to advance the body of knowledge in
      road, bridge, rail, and infrastructure engineering in the Arctic
      region; and
        (2) an ongoing program of technology transfer that makes
      research results available to potential users in a form that can
      be implemented.
    (d) Amount of grant
      For each of fiscal years 2006 through 2011, the Secretary shall
    provide a grant in the amount of $3,000,000 to the institution
    specified in subsection (a) to carry out this section.
    (e) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    $3,000,000 for each of fiscal years 2006 through 2011.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 997, Aug. 8, 2005, 119 Stat. 915.)

-End-



-CITE-
    42 USC Sec. 16362                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part I - Research Administration and Operations

-HEAD-
    Sec. 16362. Barrow Geophysical Research Facility

-STATUTE-
    (a) Establishment
      The Secretary of Commerce, in consultation with the Secretaries
    of Energy and the Interior, the Director of the National Science
    Foundation, and the Administrator of the Environmental Protection
    Agency, shall establish a joint research facility in Barrow,
    Alaska, to be known as the "Barrow Geophysical Research Facility",
    to support scientific research activities in the Arctic.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretaries of
    Commerce, Energy, and the Interior, the Director of the National
    Science Foundation, and the Administrator of the Environmental
    Protection Agency for the planning, design, construction, and
    support of the Barrow Geophysical Research Facility, $61,000,000.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 998, Aug. 8, 2005, 119 Stat. 916.)

-End-


-CITE-
    42 USC Part J - Ultra-Deepwater and Unconventional
                     Natural Gas and Other Petroleum
                     Resources                             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part J - Ultra-Deepwater and Unconventional Natural Gas and Other
              Petroleum Resources                     

-HEAD-
     PART J - ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER
                            PETROLEUM RESOURCES

-End-



-CITE-
    42 USC Sec. 16371                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part J - Ultra-Deepwater and Unconventional Natural Gas and Other
              Petroleum Resources                     

-HEAD-
    Sec. 16371. Program authority

-STATUTE-
    (a) In general
      The Secretary shall carry out a program under this part of
    research, development, demonstration, and commercial application of
    technologies for ultra-deepwater and unconventional natural gas and
    other petroleum resource exploration and production, including
    addressing the technology challenges for small producers, safe
    operations, and environmental mitigation (including reduction of
    greenhouse gas emissions and sequestration of carbon).
    (b) Program elements
      The program under this part shall address the following areas,
    including improving safety and minimizing environmental impacts of
    activities within each area:
        (1) Ultra-deepwater architecture and technology, including
      drilling to formations in the Outer Continental Shelf to depths
      greater than 15,000 feet.
        (2) Unconventional natural gas and other petroleum resource
      exploration and production technology.
        (3) The technology challenges of small producers.
        (4) Complementary research performed by the National Energy
      Technology Laboratory for the Department.
    (c) Limitation on location of field activities
      Field activities under the program under this part shall be
    carried out only - 
        (1) in - 
          (A) areas in the territorial waters of the United States not
        under any Outer Continental Shelf moratorium as of September
        30, 2002;
          (B) areas onshore in the United States on public land
        administered by the Secretary of the Interior available for oil
        and gas leasing, where consistent with applicable law and land
        use plans; and
          (C) areas onshore in the United States on State or private
        land, subject to applicable law; and

        (2) with the approval of the appropriate Federal or State land
      management agency or private land owner.
    (d) Activities at the National Energy Technology Laboratory
      The Secretary, through the National Energy Technology Laboratory,
    shall carry out a program of research and other activities
    complementary to and supportive of the research programs under
    subsection (b).
    (e) Consultation with Secretary of the Interior
      In carrying out this part, the Secretary shall consult regularly
    with the Secretary of the Interior.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 999A, Aug. 8, 2005, 119 Stat. 916.)

-End-



-CITE-
    42 USC Sec. 16372                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part J - Ultra-Deepwater and Unconventional Natural Gas and Other
              Petroleum Resources                     

-HEAD-
    Sec. 16372. Ultra-deepwater and unconventional onshore natural gas
      and other petroleum research and development program

-STATUTE-
    (a) In general
      The Secretary shall carry out the activities under section 16371
    of this title, to maximize the value of natural gas and other
    petroleum resources of the United States, by increasing the supply
    of such resources, through reducing the cost and increasing the
    efficiency of exploration for and production of such resources,
    while improving safety and minimizing environmental impacts.
    (b) Role of the Secretary
      The Secretary shall have ultimate responsibility for, and
    oversight of, all aspects of the program under this section.
    (c) Role of the program consortium
      (1) In general
        The Secretary shall contract with a corporation that is
      structured as a consortium to administer the programmatic
      activities outlined in this part.(!1) The program consortium
      shall - 

          (A) administer the program pursuant to subsection (f)(3),
        utilizing program administration funds only;
          (B) issue research project solicitations upon approval of the
        Secretary or the Secretary's designee;
          (C) make project awards to research performers upon approval
        of the Secretary or the Secretary's designee;
          (D) disburse research funds to research performers awarded
        under subsection (f) as directed by the Secretary in accordance
        with the annual plan under subsection (e); and
          (E) carry out other activities assigned to the program
        consortium by this section.
      (2) Limitation
        The Secretary may not assign any activities to the program
      consortium except as specifically authorized under this section.
      (3) Conflict of interest
        (A) Procedures
          The Secretary shall establish procedures - 
            (i) to ensure that each board member, officer, or employee
          of the program consortium who is in a decisionmaking capacity
          under subsection (f)(3) shall disclose to the Secretary any
          financial interests in, or financial relationships with,
          applicants for or recipients of awards under this section,
          including those of his or her spouse or minor child, unless
          such relationships or interests would be considered to be
          remote or inconsequential; and
            (ii) to require any board member, officer, or employee with
          a financial relationship or interest disclosed under clause
          (i) to recuse himself or herself from any oversight under
          subsection (f)(4) with respect to such applicant or
          recipient.
        (B) Failure to comply
          The Secretary may disqualify an application or revoke an
        award under this section if a board member, officer, or
        employee has failed to comply with procedures required under
        subparagraph (A)(ii).
    (d) Selection of the program consortium
      (1) In general
        The Secretary shall select the program consortium through an
      open, competitive process.
      (2) Members
        The program consortium may include corporations, trade
      associations, institutions of higher education, National
      Laboratories, or other research institutions. After submitting a
      proposal under paragraph (4), the program consortium may not add
      members without the consent of the Secretary.
      (3) Requirement of section 501(c)(3) status
        The Secretary shall not select a consortium under this section
      unless such consortium is an organization described in section
      501(c)(3) of title 26 and exempt from tax under such section
      501(a) of such title.
      (4) Schedule
        Not later than 90 days after August 8, 2005, the Secretary
      shall solicit proposals from eligible consortia to perform the
      duties in subsection (c)(1), which shall be submitted not later
      than 180 days after August 8, 2005. The Secretary shall select
      the program consortium not later than 270 days after August 8,
      2005.
      (5) Application
        Applicants shall submit a proposal including such information
      as the Secretary may require. At a minimum, each proposal shall -
      
          (A) list all members of the consortium;
          (B) fully describe the structure of the consortium, including
        any provisions relating to intellectual property; and
          (C) describe how the applicant would carry out the activities
        of the program consortium under this section.
      (6) Eligibility
        To be eligible to be selected as the program consortium, an
      applicant must be an entity whose members have collectively
      demonstrated capabilities and experience in planning and managing
      research, development, demonstration, and commercial application
      programs for ultra-deepwater and unconventional natural gas or
      other petroleum exploration or production.
      (7) Focus areas for awards
        (A) Ultra-deepwater resources
          Awards from allocations under section 16378(d)(1) of this
        title shall focus on the development and demonstration of
        individual exploration and production technologies as well as
        integrated systems technologies including new architectures for
        production in ultra-deepwater.
        (B) Unconventional resources
          Awards from allocations under section 16378(d)(2) of this
        title shall focus on areas including advanced coalbed methane,
        deep drilling, natural gas production from tight sands, natural
        gas production from gas shales, stranded gas, innovative
        exploration and production techniques, enhanced recovery
        techniques, and environmental mitigation of unconventional
        natural gas and other petroleum resources exploration and
        production.
        (C) Small producers
          Awards from allocations under section 16378(d)(3) of this
        title shall be made to consortia consisting of small producers
        or organized primarily for the benefit of small producers, and
        shall focus on areas including complex geology involving rapid
        changes in the type and quality of the oil and gas reservoirs
        across the reservoir; low reservoir pressure; unconventional
        natural gas reservoirs in coalbeds, deep reservoirs, tight
        sands, or shales; and unconventional oil reservoirs in tar
        sands and oil shales.
    (e) Annual plan
      (1) In general
        The program under this section shall be carried out pursuant to
      an annual plan prepared by the Secretary in accordance with
      paragraph (2).
      (2) Development
        (A) Solicitation of recommendations
          Before drafting an annual plan under this subsection, the
        Secretary shall solicit specific written recommendations from
        the program consortium for each element to be addressed in the
        plan, including those described in paragraph (4). The program
        consortium shall submit its recommendations in the form of a
        draft annual plan.
        (B) Submission of recommendations; other comment
          The Secretary shall submit the recommendations of the program
        consortium under subparagraph (A) to the Ultra-Deepwater
        Advisory Committee established under section 16374(a) of this
        title and to the Unconventional Resources Technology Advisory
        Committee established under section 16374(b) of this title, and
        such Advisory Committees shall provide to the Secretary written
        comments by a date determined by the Secretary. The Secretary
        may also solicit comments from any other experts.
        (C) Consultation
          The Secretary shall consult regularly with the program
        consortium throughout the preparation of the annual plan.
      (3) Publication
        The Secretary shall transmit to Congress and publish in the
      Federal Register the annual plan, along with any written comments
      received under paragraph (2)(A) and (B).
      (4) Contents
        The annual plan shall describe the ongoing and prospective
      activities of the program under this section and shall include - 
          (A) a list of any solicitations for awards to carry out
        research, development, demonstration, or commercial application
        activities, including the topics for such work, who would be
        eligible to apply, selection criteria, and the duration of
        awards; and
          (B) a description of the activities expected of the program
        consortium to carry out subsection (f)(3).
      (5) Estimates of increased royalty receipts
        The Secretary, in consultation with the Secretary of the
      Interior, shall provide an annual report to Congress with the
      President's budget on the estimated cumulative increase in
      Federal royalty receipts (if any) resulting from the
      implementation of this part. The initial report under this
      paragraph shall be submitted in the first President's budget
      following the completion of the first annual plan required under
      this subsection.
    (f) Awards
      (1) In general
        Upon approval of the Secretary the program consortium shall
      make awards to research performers to carry out research,
      development, demonstration, and commercial application activities
      under the program under this section. The program consortium
      shall not be eligible to receive such awards, but provided that
      conflict of interest procedures in subsection (c)(3) are
      followed, entities who are members of the program consortium are
      not precluded from receiving research awards as either individual
      research performers or as research performers who are members of
      a research collaboration.
      (2) Proposals
        Upon approval of the Secretary the program consortium shall
      solicit proposals for awards under this subsection in such manner
      and at such time as the Secretary may prescribe, in consultation
      with the program consortium.
      (3) Oversight
        (A) In general
          The program consortium shall oversee the implementation of
        awards under this subsection, consistent with the annual plan
        under subsection (e), including disbursing funds and monitoring
        activities carried out under such awards for compliance with
        the terms and conditions of the awards.
        (B) Effect
          Nothing in subparagraph (A) shall limit the authority or
        responsibility of the Secretary to oversee awards, or limit the
        authority of the Secretary to review or revoke awards.
    (g) Administrative costs
      (1) In general
        To compensate the program consortium for carrying out its
      activities under this section, the Secretary shall provide to the
      program consortium funds sufficient to administer the program.
      This compensation may include a management fee consistent with
      Department of Energy contracting practices and procedures.
      (2) Advance
        The Secretary shall advance funds to the program consortium
      upon selection of the consortium, which shall be deducted from
      amounts to be provided under paragraph (1).
    (h) Audit
      The Secretary shall retain an independent auditor, which shall
    include a review by the General Accountability Office, to determine
    the extent to which funds provided to the program consortium, and
    funds provided under awards made under subsection (f), have been
    expended in a manner consistent with the purposes and requirements
    of this part. The auditor shall transmit a report (including any
    review by the General Accountability Office) annually to the
    Secretary, who shall transmit the report to Congress, along with a
    plan to remedy any deficiencies cited in the report.
    (i) Activities by the United States Geological Survey
      The Secretary of the Interior, through the United States
    Geological Survey, shall, where appropriate, carry out programs of
    long-term research to complement the programs under this section.
    (j) Program review and oversight
      The National Energy Technology Laboratory, on behalf of the
    Secretary, shall (1) issue a competitive solicitation for the
    program consortium, (2) evaluate, select, and award a contract or
    other agreement to a qualified program consortium, and (3) have
    primary review and oversight responsibility for the program
    consortium, including review and approval of research awards
    proposed to be made by the program consortium, to ensure that its
    activities are consistent with the purposes and requirements
    described in this part. Up to 5 percent of program funds allocated
    under paragraphs (1) through (3) of section 16378(d) of this title
    may be used for this purpose, including program direction and the
    establishment of a site office if determined to be necessary to
    carry out the purposes of this subsection.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 999B, Aug. 8, 2005, 119 Stat. 917.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (c)(1), was in the original
    "this chapter", and was translated as meaning "this subtitle",
    which is subtitle J (Secs. 999A to 999H) of title IX of Pub. L. 109-
    58, Aug. 8, 2005, 119 Stat. 916, which enacted this part, to
    reflect the probable intent of Congress.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 16373                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part J - Ultra-Deepwater and Unconventional Natural Gas and Other
              Petroleum Resources                     

-HEAD-
    Sec. 16373. Additional requirements for awards

-STATUTE-
    (a) Demonstration projects
      An application for an award under this part for a demonstration
    project shall describe with specificity the intended commercial use
    of the technology to be demonstrated.
    (b) Flexibility in locating demonstration projects
      Subject to the limitation in section 16371(c) of this title, a
    demonstration project under this part relating to an ultra-
    deepwater technology or an ultra-deepwater architecture may be
    conducted in deepwater depths.
    (c) Intellectual property agreements
      If an award under this part is made to a consortium (other than
    the program consortium), the consortium shall provide to the
    Secretary a signed contract agreed to by all members of the
    consortium describing the rights of each member to intellectual
    property used or developed under the award.
    (d) Technology transfer
      Two and one-half percent of the amount of each award made under
    this part shall be designated for technology transfer and outreach
    activities under this part.
    (e) Cost sharing reduction for independent producers
      In applying the cost sharing requirements under section 16352 of
    this title to an award under this part the Secretary may reduce or
    eliminate the non-Federal requirement if the Secretary determines
    that the reduction is necessary and appropriate considering the
    technological risks involved in the project.
    (f) Information sharing
      All results of the research administered by the program
    consortium shall be made available to the public consistent with
    Department policy and practice on information sharing and
    intellectual property agreements.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 999C, Aug. 8, 2005, 119 Stat. 921.)

-End-



-CITE-
    42 USC Sec. 16374                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part J - Ultra-Deepwater and Unconventional Natural Gas and Other
              Petroleum Resources                     

-HEAD-
    Sec. 16374. Advisory committees

-STATUTE-
    (a) Ultra-Deepwater Advisory Committee
      (1) Establishment
        Not later than 270 days after August 8, 2005, the Secretary
      shall establish an advisory committee to be known as the Ultra-
      Deepwater Advisory Committee.
      (2) Membership
        The Advisory Committee under this subsection shall be composed
      of members appointed by the Secretary, including - 
          (A) individuals with extensive research experience or
        operational knowledge of offshore natural gas and other
        petroleum exploration and production;
          (B) individuals broadly representative of the affected
        interests in ultra-deepwater natural gas and other petroleum
        production, including interests in environmental protection and
        safe operations;
          (C) no individuals who are Federal employees; and
          (D) no individuals who are board members, officers, or
        employees of the program consortium.
      (3) Duties
        The Advisory Committee under this subsection shall - 
          (A) advise the Secretary on the development and
        implementation of programs under this part related to ultra-
        deepwater natural gas and other petroleum resources; and
          (B) carry out section 16372(e)(2)(B) of this title.
      (4) Compensation
        A member of the Advisory Committee under this subsection shall
      serve without compensation but shall receive travel expenses in
      accordance with applicable provisions under subchapter I of
      chapter 57 of title 5.
    (b) Unconventional Resources Technology Advisory Committee
      (1) Establishment
        Not later than 270 days after August 8, 2005, the Secretary
      shall establish an advisory committee to be known as the
      Unconventional Resources Technology Advisory Committee.
      (2) Membership
        The Secretary shall endeavor to have a balanced representation
      of members on the Advisory Committee to reflect the breadth of
      geographic areas of potential gas supply. The Advisory Committee
      under this subsection shall be composed of members appointed by
      the Secretary, including - 
          (A) a majority of members who are employees or
        representatives of independent producers of natural gas and
        other petroleum, including small producers;
          (B) individuals with extensive research experience or
        operational knowledge of unconventional natural gas and other
        petroleum resource exploration and production;
          (C) individuals broadly representative of the affected
        interests in unconventional natural gas and other petroleum
        resource exploration and production, including interests in
        environmental protection and safe operations;
          (D) individuals with expertise in the various geographic
        areas of potential supply of unconventional onshore natural gas
        and other petroleum in the United States;
          (E) no individuals who are Federal employees; and
          (F) no individuals who are board members, officers, or
        employees of the program consortium.
      (3) Duties
        The Advisory Committee under this subsection shall - 
          (A) advise the Secretary on the development and
        implementation of activities under this part related to
        unconventional natural gas and other petroleum resources; and
          (B) carry out section 16372(e)(2)(B) of this title.
      (4) Compensation
        A member of the Advisory Committee under this subsection shall
      serve without compensation but shall receive travel expenses in
      accordance with applicable provisions under subchapter I of
      chapter 57 of title 5.
    (c) Prohibition
      No advisory committee established under this section shall make
    recommendations on funding awards to particular consortia or other
    entities, or for specific projects.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 999D, Aug. 8, 2005, 119 Stat. 922.)

-End-



-CITE-
    42 USC Sec. 16375                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part J - Ultra-Deepwater and Unconventional Natural Gas and Other
              Petroleum Resources                     

-HEAD-
    Sec. 16375. Limits on participation

-STATUTE-
      An entity shall be eligible to receive an award under this part
    only if the Secretary finds - 
        (1) that the entity's participation in the program under this
      part would be in the economic interest of the United States; and
        (2) that either - 
          (A) the entity is a United States-owned entity organized
        under the laws of the United States; or
          (B) the entity is organized under the laws of the United
        States and has a parent entity organized under the laws of a
        country that affords - 
            (i) to United States-owned entities opportunities,
          comparable to those afforded to any other entity, to
          participate in any cooperative research venture similar to
          those authorized under this part;
            (ii) to United States-owned entities local investment
          opportunities comparable to those afforded to any other
          entity; and
            (iii) adequate and effective protection for the
          intellectual property rights of United States-owned entities.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 999E, Aug. 8, 2005, 119 Stat. 923.)

-End-



-CITE-
    42 USC Sec. 16376                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part J - Ultra-Deepwater and Unconventional Natural Gas and Other
              Petroleum Resources                     

-HEAD-
    Sec. 16376. Sunset

-STATUTE-
      The authority provided by this part shall terminate on September
    30, 2014.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 999F, Aug. 8, 2005, 119 Stat. 923.)

-End-



-CITE-
    42 USC Sec. 16377                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part J - Ultra-Deepwater and Unconventional Natural Gas and Other
              Petroleum Resources                     

-HEAD-
    Sec. 16377. Definitions

-STATUTE-
      In this part:
      (1) Deepwater
        The term "deepwater" means a water depth that is greater than
      200 but less than 1,500 meters.
      (2) Independent producer of oil or gas
        (A) In general
          The term "independent producer of oil or gas" means any
        person that produces oil or gas other than a person to whom
        subsection (c) of section 613A of title 26 does not apply by
        reason of paragraph (2) (relating to certain retailers) or
        paragraph (4) (relating to certain refiners) of section 613A(d)
        of such title.
        (B) Rules for applying paragraphs (2) and (4) of section
          613A(d)
          For purposes of subparagraph (A), paragraphs (2) and (4) of
        section 613A(d) of title 26 shall be applied by substituting
        "calendar year" for "taxable year" each place it appears in
        such paragraphs.
      (3) Program administration funds
        The term "program administration funds" means funds used by the
      program consortium to administer the program under this part, but
      not to exceed 10 percent of the total funds allocated under
      paragraphs (1) through (3) of section 16378(d) of this title.
      (4) Program consortium
        The term "program consortium" means the consortium selected
      under section 16372(d) of this title.
      (5) Program research funds
        The term "program research funds" means funds awarded to
      research performers by the program consortium consistent with the
      annual plan.
      (6) Remote or inconsequential
        The term "remote or inconsequential" has the meaning given that
      term in regulations issued by the Office of Government Ethics
      under section 208(b)(2) of title 18.
      (7) Small producer
        The term "small producer" means an entity organized under the
      laws of the United States with production levels of less than
      1,000 barrels per day of oil equivalent.
      (8) Ultra-deepwater
        The term "ultra-deepwater" means a water depth that is equal to
      or greater than 1,500 meters.
      (9) Ultra-deepwater architecture
        The term "ultra-deepwater architecture" means the integration
      of technologies for the exploration for, or production of,
      natural gas or other petroleum resources located at ultra-
      deepwater depths.
      (10) Ultra-deepwater technology
        The term "ultra-deepwater technology" means a discrete
      technology that is specially suited to address one or more
      challenges associated with the exploration for, or production of,
      natural gas or other petroleum resources located at ultra-
      deepwater depths.
      (11) Unconventional natural gas and other petroleum resource
        The term "unconventional natural gas and other petroleum
      resource" means natural gas and other petroleum resource located
      onshore in an economically inaccessible geological formation,
      including resources of small producers.

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 999G, Aug. 8, 2005, 119 Stat. 923.)

-End-



-CITE-
    42 USC Sec. 16378                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER IX - RESEARCH AND DEVELOPMENT
    Part J - Ultra-Deepwater and Unconventional Natural Gas and Other
              Petroleum Resources                     

-HEAD-
    Sec. 16378. Funding

-STATUTE-
    (a) Oil and gas lease income
      For each of fiscal years 2007 through 2017, from any Federal
    royalties, rents, and bonuses derived from Federal onshore and
    offshore oil and gas leases issued under the Outer Continental
    Shelf Lands Act (43 U.S.C. 1331 et seq.) and the Mineral Leasing
    Act (30 U.S.C. 181 et seq.) which are deposited in the Treasury,
    and after distribution of any such funds as described in subsection
    (c), $50,000,000 shall be deposited into the Ultra-Deepwater and
    Unconventional Natural Gas and Other Petroleum Research Fund (in
    this section referred to as the "Fund"). For purposes of this
    section, the term "royalties" excludes proceeds from the sale of
    royalty production taken in kind and royalty production that is
    transferred under section 27(a)(3) of the Outer Continental Shelf
    Lands Act (43 U.S.C. 1353(a)(3)).
    (b) Obligational authority
      Monies in the Fund shall be available to the Secretary for
    obligation under this part without fiscal year limitation, to
    remain available until expended.
    (c) Prior distributions
      The distributions described in subsection (a) are those required
    by law - 
        (1) to States and to the Reclamation Fund under the Mineral
      Leasing Act (30 U.S.C. 191(a)); and
        (2) to other funds receiving monies from Federal oil and gas
      leasing programs, including - 
          (A) any recipients pursuant to section 8(g) of the Outer
        Continental Shelf Lands Act (43 U.S.C. 1337(g));
          (B) the Land and Water Conservation Fund, pursuant to section
        460l-5(c) of title 16;
          (C) the Historic Preservation Fund, pursuant to section 470h
        of title 16; and
          (D) the coastal impact assistance program established under
        section 31 of the Outer Continental Shelf Lands Act [43 U.S.C.
        1356a].
    (d) Allocation
      Amounts obligated from the Fund under subsection (a)(1) in each
    fiscal year shall be allocated as follows:
        (1) 35 percent shall be for activities under section
      16371(b)(1) of this title.
        (2) 32.5 percent shall be for activities under section
      16371(b)(2) of this title.
        (3) 7.5 percent shall be for activities under section
      16371(b)(3) of this title.
        (4) 25 percent shall be for complementary research under
      section 16371(b)(4) of this title and other activities under
      section 16371(b) of this title to include program direction
      funds, overall program oversight, contract management, and the
      establishment and operation of a technical committee to ensure
      that in-house research activities funded under section
      16371(b)(4) of this title are technically complementary to, and
      not duplicative of, research conducted under paragraphs (1), (2),
      and (3) of section 16371(b) of this title.
    (e) Authorization of appropriations
      In addition to other amounts that are made available to carry out
    this section, there is authorized to be appropriated to carry out
    this section $100,000,000 for each of fiscal years 2007 through
    2016.
    (f) Fund
      There is hereby established in the Treasury of the United States
    a separate fund to be known as the "Ultra-Deepwater and
    Unconventional Natural Gas and Other Petroleum Research Fund".

-SOURCE-
    (Pub. L. 109-58, title IX, Sec. 999H, Aug. 8, 2005, 119 Stat. 924.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Outer Continental Shelf Lands Act, referred to in subsec.
    (a), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which
    is classified generally to subchapter III (Sec. 1331 et seq.) of
    chapter 29 of Title 43, Public Lands. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1331 of Title 43 and Tables.
      The Mineral Leasing Act, referred to in subsecs. (a) and (c)(1),
    is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is
    classified generally to chapter 3A (Sec. 181 et seq.) of Title 30,
    Mineral Lands and Mining. For complete classification of this Act
    to the Code, see Short Title note set out under section 181 of
    Title 30 and Tables.

-End-


-CITE-
    42 USC SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT

-HEAD-
              SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT          

-End-



-CITE-
    42 USC Sec. 16391                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT

-HEAD-
    Sec. 16391. Improved technology transfer of energy technologies

-STATUTE-
    (a) Technology Transfer Coordinator
      The Secretary shall appoint a Technology Transfer Coordinator to
    be the principal advisor to the Secretary on all matters relating
    to technology transfer and commercialization.
    (b) Qualifications
      The Coordinator shall be an individual who, by reason of
    professional background and experience, is specially qualified to
    advise the Secretary on matters pertaining to technology transfer
    at the Department.
    (c) Duties of the Coordinator
      The Coordinator shall oversee - 
        (1) the activities of the Technology Transfer Working Group
      established under subsection (d);
        (2) the expenditure of funds allocated for technology transfer
      within the Department;
        (3) the activities of each technology partnership ombudsman
      appointed under section 7261c of this title; and
        (4) efforts to engage private sector entities, including
      venture capital companies.
    (d) Technology Transfer Working Group
      The Secretary shall establish a Technology Transfer Working
    Group, which shall consist of representatives of the National
    Laboratories and single-purpose research facilities, to - 
        (1) coordinate technology transfer activities occurring at
      National Laboratories and single-purpose research facilities;
        (2) exchange information about technology transfer practices,
      including alternative approaches to resolution of disputes
      involving intellectual property rights and other technology
      transfer matters; and
        (3) develop and disseminate to the public and prospective
      technology partners information about opportunities and
      procedures for technology transfer with the Department, including
      opportunities and procedures related to alternative approaches to
      resolution of disputes involving intellectual property rights and
      other technology transfer matters.
    (e) Technology Commercialization Fund
      The Secretary shall establish an Energy Technology
    Commercialization Fund, using 0.9 percent of the amount made
    available to the Department for applied energy research,
    development, demonstration, and commercial application for each
    fiscal year, to be used to provide matching funds with private
    partners to promote promising energy technologies for commercial
    purposes.
    (f) Technology transfer responsibility
      Nothing in this section affects the technology transfer
    responsibilities of Federal employees under the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
    (g) Planning and reporting
      (1) In general
        Not later than 180 days after August 8, 2005, the Secretary
      shall submit to Congress a technology transfer execution plan.
      (2) Updates
        Each year after the submission of the plan under paragraph (1),
      the Secretary shall submit to Congress an updated execution plan
      and reports that describe progress toward meeting goals set forth
      in the execution plan and the funds expended under subsection
      (e).

-SOURCE-
    (Pub. L. 109-58, title X, Sec. 1001, Aug. 8, 2005, 119 Stat. 926.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Stevenson-Wydler Technology Innovation Act of 1980, referred
    to in subsec. (f), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311,
    as amended, which is classified generally to chapter 63 (Sec. 3701
    et seq.) of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3701 of Title 15 and Tables.

-End-



-CITE-
    42 USC Sec. 16392                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT

-HEAD-
    Sec. 16392. Technology Infrastructure Program

-STATUTE-
    (a) Definitions
      In this section:
      (1) Program
        The term "Program" means the Technology Infrastructure Program
      established under subsection (b).
      (2) Technology cluster
        The term "technology cluster" means a concentration of
      technology-related business concerns, institutions of higher
      education, or nonprofit institutions, that reinforce each other's
      performance in the areas of technology development through formal
      or informal relationships.
      (3) Technology-related business concern
        The term "technology-related business concern" means a for-
      profit corporation, company, association, firm, partnership, or
      small business concern that - 
          (A) conducts scientific or engineering research;
          (B) develops new technologies;
          (C) manufactures products based on new technologies; or
          (D) performs technological services.
    (b) Establishment
      The Secretary shall establish a Technology Infrastructure Program
    in accordance with this section.
    (c) Purpose
      The purpose of the Program shall be to improve the ability of
    National Laboratories and single-purpose research facilities to
    support departmental missions by - 
        (1) stimulating the development of technology clusters that can
      support departmental missions at the National Laboratories or
      single-purpose research facilities;
        (2) improving the ability of National Laboratories and single-
      purpose research facilities to leverage and benefit from
      commercial research, technology, products, processes, and
      services; and
        (3) encouraging the exchange of scientific and technological
      expertise between - 
          (A) National Laboratories or single-purpose research
        facilities; and
          (B) entities that can support departmental missions at the
        National Laboratories or single-purpose research facilities,
        such as - 
            (i) institutions of higher education;
            (ii) technology-related business concerns;
            (iii) nonprofit institutions; and
            (iv) agencies of State, tribal, or local governments.
    (d) Projects
      The Secretary shall authorize the director of each National
    Laboratory or single-purpose research facility to implement the
    Program at the National Laboratory or facility through one or more
    projects that meet the requirements of subsections (e) and (f).
    (e) Program requirements
      (1) In general
        Each project funded under this section shall meet the
      requirements of this subsection.
      (2) Entities
        Each project shall include at least one of each of the
      following entities:
          (A) A business.
          (B) An institution of higher education.
          (C) A nonprofit institution.
          (D) An agency of a State, local, or tribal government.
      (3) Cost-sharing
        (A) In general
          The costs of carrying out projects under this section shall
        be shared in accordance with section 16352 of this title.
        (B) Sources
          The calculation of costs paid by the non-Federal sources for
        a project shall include cash, personnel, services, equipment,
        and other resources expended on the project after the
        commencement of the project.
        (C) Research and development expenses
          Independent research and development expenses of Government
        contractors that qualify for reimbursement under section 31.205-
        18(e) of title 48, Code of Federal Regulations, issued
        pursuant to section 421(c)(1) of title 41, may be credited
        towards costs paid by non-Federal sources to a project, if the
        expenses meet the other requirements of this section.
      (4) Competitive selection
        A project under this section shall be competitively selected
      using procedures determined by the Secretary.
      (5) Accounting
        Any participant that receives funds under this section may use
      generally accepted accounting principles for maintaining
      accounts, books, and records relating to the project.
      (6) Duration
        No Federal funds shall be made available under this section for
      a construction project or for any project with a duration of more
      than 5 years.
    (f) Selection criteria
      (1) Departmental missions
        The Secretary shall allocate funds under this section only if
      the Director of the National Laboratory or single-purpose
      research facility managing the project determines that the
      project is likely to improve the ability of the National
      Laboratory or single-purpose research facility to achieve
      technical success in meeting departmental missions.
      (2) Other criteria
        In selecting a project to receive Federal funds, the Secretary
      shall consider - 
          (A) the potential of the project to promote the development
        of a commercially sustainable technology cluster following the
        period of investment by the Department, which will derive most
        of the demand for its products or services from the private
        sector, and which will support departmental missions at the
        participating National Laboratory or single-purpose research
        facility;
          (B) the potential of the project to promote the use of
        commercial research, technology, products, processes, and
        services by the participating National Laboratory or single-
        purpose research facility to achieve its mission or the
        commercial development of technological innovations made at the
        participating National Laboratory or single-purpose research
        facility;
          (C) the extent to which the project involves a wide variety
        and number of institutions of higher education, nonprofit
        institutions, and technology-related business concerns that can
        support the missions of the participating National Laboratory
        or single-purpose research facility and that will make
        substantive contributions to achieving the goals of the
        project;
          (D) the extent to which the project focuses on promoting the
        development of technology-related business concerns that are
        small businesses or involves such small businesses
        substantively in the project; and
          (E) such other criteria as the Secretary determines to be
        appropriate.
    (g) Allocation
      In allocating funds for projects approved under this section, the
    Secretary shall provide - 
        (1) the Federal share of the project costs; and
        (2) additional funds to the National Laboratory or single-
      purpose research facility managing the project to permit the
      National Laboratory or single-purpose research facility to carry
      out activities relating to the project, and to coordinate the
      activities with the project.
    (h) Report to Congress
      Not later than July 1, 2008, the Secretary shall submit to
    Congress a report on whether the Program should be continued and,
    if so, how the program should be managed.
    (i) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    activities under this section $10,000,000 for each of fiscal years
    2006 through 2008.

-SOURCE-
    (Pub. L. 109-58, title X, Sec. 1002, Aug. 8, 2005, 119 Stat. 927.)

-End-



-CITE-
    42 USC Sec. 16393                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT

-HEAD-
    Sec. 16393. Small business advocacy and assistance

-STATUTE-
    (a) Small business advocate
      The Secretary shall require the Director of each National
    Laboratory, and may require the Director of a single-purpose
    research facility, to designate a small business advocate to - 
        (1) increase the participation of small business concerns,
      including socially and economically disadvantaged small business
      concerns (as defined in section 637(a)(4) of title 15), in
      procurement, collaborative research, technology licensing, and
      technology transfer activities conducted by the National
      Laboratory or single-purpose research facility;
        (2) report to the Director of the National Laboratory or single-
      purpose research facility on the actual participation of small
      business concerns in procurement and collaborative research along
      with recommendations, if appropriate, on how to improve
      participation;
        (3) make available to small business concerns training,
      mentoring, and information on how to participate in procurement
      and collaborative research activities;
        (4) increase the awareness inside the National Laboratory or
      single-purpose research facility of the capabilities and
      opportunities presented by small business concerns; and
        (5) establish guidelines for the program under subsection (b)
      and report on the effectiveness of the program to the Director of
      the National Laboratory or single-purpose research facility.
    (b) Establishment of small business assistance program
      The Secretary shall require the Director of each National
    Laboratory, and may require the Director of a single-purpose
    research facility, to establish a program to provide small business
    concerns with - 
        (1) assistance directed at making the small business concerns
      more effective and efficient subcontractors or suppliers to the
      National Laboratory or single-purpose research facilities; or
        (2) general technical assistance, the cost of which shall not
      exceed $10,000 per instance of assistance, to improve the
      products or services of the small business concern.
    (c) Use of funds
      None of the funds expended under subsection (b) may be used for
    direct grants to small business concerns.
    (d) Authorization of appropriations
      There is authorized to be appropriated to the Secretary for
    activities under this section $5,000,000 for each of fiscal years
    2006 through 2008.

-SOURCE-
    (Pub. L. 109-58, title X, Sec. 1003, Aug. 8, 2005, 119 Stat. 929.)

-End-



-CITE-
    42 USC Sec. 16394                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT

-HEAD-
    Sec. 16394. Outreach

-STATUTE-
      The Secretary shall ensure that each program authorized by this
    Act or an amendment made by this Act includes an outreach component
    to provide information, as appropriate, to manufacturers,
    consumers, engineers, architects, builders, energy service
    companies, institutions of higher education, facility planners and
    managers, State and local governments, and other entities.

-SOURCE-
    (Pub. L. 109-58, title X, Sec. 1004, Aug. 8, 2005, 119 Stat. 930.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 109-58, Aug. 8, 2005,
    119 Stat. 594, as amended, known as the Energy Policy Act of 2005,
    which enacted this chapter and enacted, amended, and repealed
    numerous other sections and notes in the Code. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16395                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT

-HEAD-
    Sec. 16395. Relationship to other laws

-STATUTE-
      Except as otherwise provided in this Act or an amendment made by
    this Act, the Secretary shall carry out the research, development,
    demonstration, and commercial application programs, projects, and
    activities authorized by this Act or an amendment made by this Act
    in accordance with the applicable provisions of - 
        (1) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);
        (2) the Federal Nonnuclear Energy Research and Development Act
      of 1974 (42 U.S.C. 5901 et seq.);
        (3) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.);
        (4) the Stevenson-Wydler Technology Innovation Act of 1980 (15
      U.S.C. 3701 et seq.);
        (5) chapter 18 of title 35 (commonly known as the "Bayh-Dole
      Act"); and
        (6) any other Act under which the Secretary is authorized to
      carry out the programs, projects, and activities.

-SOURCE-
    (Pub. L. 109-58, title X, Sec. 1005, Aug. 8, 2005, 119 Stat. 930.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 109-58, Aug. 8, 2005,
    119 Stat. 594, as amended, known as the Energy Policy Act of 2005,
    which enacted this chapter and enacted, amended, and repealed
    numerous other sections and notes in the Code. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15801 of this title and Tables.
      The Atomic Energy Act of 1954, referred to in par. (1), is act
    Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
    Sec. 1, 68 Stat. 921, and amended, which is classified generally to
    chapter 23 (Sec. 2011 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2011 of this title and Tables.
      The Federal Nonnuclear Energy Research and Development Act of
    1974, referred to in par. (2), 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.
      The Energy Policy Act of 1992, referred to in par. (3), is Pub.
    L. 102-486, Oct. 24, 1992, 106 Stat. 2776, as amended. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 13201 of this title and Tables.
      The Stevenson-Wydler Technology Innovation Act of 1980, referred
    to in par. (4), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311, as
    amended, which is classified generally to chapter 63 (Sec. 3701 et
    seq.) of Title 15, Commerce and Trade. For complete classification
    of this Act to the Code, see Short Title note set out under section
    3701 of Title 15 and Tables.

-End-



-CITE-
    42 USC Sec. 16396                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER X - DEPARTMENT OF ENERGY MANAGEMENT

-HEAD-
    Sec. 16396. Prizes for achievement in grand challenges of science
      and technology

-STATUTE-
    (a) Authority
      The Secretary may carry out a program to award cash prizes in
    recognition of breakthrough achievements in research, development,
    demonstration, and commercial application that have the potential
    for application to the performance of the mission of the
    Department.
    (b) Competition requirements
      The program under subsection (a) may include prizes for the
    achievement of goals articulated by the Secretary in a specific
    area through a widely advertised solicitation of submission of
    results for research, development, demonstration, or commercial
    application projects.
    (c) Prizes for processes and technologies to reduce dependence on
      imported oil
      The Secretary, in cooperation with the Freedom Prize Foundation,
    shall support a program of awarding prizes, to be known as Freedom
    Prizes, to encourage and recognize the development and deployment
    of processes and technologies that serve to reduce the dependence
    of the United States on imported oil.
    (d) Relationship to other authority
      The program under subsection (a) may be carried out in
    conjunction with or in addition to the exercise of any other
    authority of the Secretary to acquire, support, or stimulate
    research, development, demonstration, or commercial application
    projects.
    (e) Authorization of appropriations
      There are authorized to be appropriated - 
        (1) $10,000,000 to carry out the program under subsection (a);
      and
        (2) $5,000,000 to carry out the program under subsection (c).

-SOURCE-
    (Pub. L. 109-58, title X, Sec. 1008, Aug. 8, 2005, 119 Stat. 933.)

-End-


-CITE-
    42 USC SUBCHAPTER XI - PERSONNEL AND TRAINING               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XI - PERSONNEL AND TRAINING

-HEAD-
                  SUBCHAPTER XI - PERSONNEL AND TRAINING              

-End-



-CITE-
    42 USC Sec. 16411                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XI - PERSONNEL AND TRAINING

-HEAD-
    Sec. 16411. Workforce trends and traineeship grants

-STATUTE-
    (a) Definitions
      In this section:
      (1) Energy technology industry
        The term "energy technology industry" includes - 
          (A) a renewable energy industry;
          (B) a company that develops or commercializes a device to
        increase energy efficiency;
          (C) the oil and gas industry;
          (D) the nuclear power industry;
          (E) the coal industry;
          (F) the electric utility industry; and
          (G) any other industrial sector, as the Secretary determines
        to be appropriate.
      (2) Skilled technical personnel
        The term "skilled technical personnel" means - 
          (A) journey- and apprentice-level workers who are enrolled
        in, or have completed, a federally-recognized or State-
        recognized apprenticeship program; and
          (B) other skilled workers in energy technology industries, as
        determined by the Secretary.
    (b) Workforce trends
      (1) Monitoring
        The Secretary, in consultation with, and using data collected
      by, the Secretary of Labor, shall monitor trends in the workforce
      of - 
          (A) skilled technical personnel that support energy
        technology industries; and
          (B) electric power and transmission engineers.
      (2) Report on trends
        Not later than 1 year after August 8, 2005, the Secretary shall
      submit to Congress a report on current trends under paragraph
      (1), with recommendations (as appropriate) to meet the future
      labor requirements for the energy technology industries.
      (3) Report on shortage
        As soon as practicable after the date on which the Secretary
      identifies or predicts a significant national shortage of skilled
      technical personnel in one or more energy technology industries,
      the Secretary shall submit to Congress a report describing the
      shortage.
    (c) Traineeship grants for skilled technical personnel
      The Secretary, in consultation with the Secretary of Labor, may
    establish programs in the appropriate offices of the Department
    under which the Secretary provides grants to enhance training
    (including distance learning) for any workforce category for which
    a shortage is identified or predicted under subsection (b)(2).
    (d) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $20,000,000 for each of fiscal years 2006 through 2008.

-SOURCE-
    (Pub. L. 109-58, title XI, Sec. 1101, Aug. 8, 2005, 119 Stat. 937.)

-End-



-CITE-
    42 USC Sec. 16412                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XI - PERSONNEL AND TRAINING

-HEAD-
    Sec. 16412. Training guidelines for nonnuclear electric energy
      industry personnel

-STATUTE-
    (a) In general
      The Secretary of Labor, in consultation with the Secretary and in
    conjunction with the electric industry and recognized employee
    representatives, shall develop model personnel training guidelines
    to support the reliability and safety of the nonnuclear electric
    system.
    (b) Requirements
      The training guidelines under subsection (a) shall, at a minimum -
     
        (1) include training requirements for workers engaged in the
      construction, operation, inspection, or maintenance of nonnuclear
      electric generation, transmission, or distribution systems,
      including requirements relating to - 
          (A) competency;
          (B) certification; and
          (C) assessment, including - 
            (i) initial and continuous evaluation of workers;
            (ii) recertification procedures; and
            (iii) methods for examining or testing the qualification of
          an individual who performs a covered task; and

        (2) consolidate training guidelines in existence on the date on
      which the guidelines under subsection (a) are developed relating
      to the construction, operation, maintenance, and inspection of
      nonnuclear electric generation, transmission, and distribution
      facilities, such as guidelines established by the National
      Electric Safety Code and other industry consensus standards.

-SOURCE-
    (Pub. L. 109-58, title XI, Sec. 1103, Aug. 8, 2005, 119 Stat. 939.)

-End-



-CITE-
    42 USC Sec. 16413                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XI - PERSONNEL AND TRAINING

-HEAD-
    Sec. 16413. National Center for Energy Management and Building
      Technologies

-STATUTE-
      The Secretary shall support the ongoing activities of and explore
    opportunities for expansion of the National Center for Energy
    Management and Building Technologies to carry out research,
    education, and training activities to facilitate the improvement of
    energy efficiency, indoor environmental quality, and security of
    industrial, commercial, residential, and public buildings.

-SOURCE-
    (Pub. L. 109-58, title XI, Sec. 1104, Aug. 8, 2005, 119 Stat. 939.)

-End-



-CITE-
    42 USC Sec. 16414                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XI - PERSONNEL AND TRAINING

-HEAD-
    Sec. 16414. National Power Plant Operations Technology and
      Educational Center

-STATUTE-
    (a) Establishment
      The Secretary shall support the establishment of a National Power
    Plant Operations Technology and Education Center (referred to in
    this section as the "Center"), to address the need for training and
    educating certified operators and technicians for the electric
    power industry.
    (b) Location of Center
      The Secretary shall support the establishment of the Center at an
    institution of higher education that has - 
        (1) expertise in providing degree programs in electric power
      generation, transmission, and distribution technologies;
        (2) expertise in providing onsite and Internet-based training;
      and
        (3) demonstrated responsiveness to workforce and training
      requirements in the electric power industry.
    (c) Training and continuing education
      (1) In general
        The Center shall provide training and continuing education in
      electric power generation, transmission, and distribution
      technologies and operations.
      (2) Location
        The Center shall carry out training and education activities
      under paragraph (1) - 
          (A) at the Center; and
          (B) through Internet-based information technologies that
        allow for learning at remote sites.

-SOURCE-
    (Pub. L. 109-58, title XI, Sec. 1106, Aug. 8, 2005, 119 Stat. 940.)

-End-


-CITE-
    42 USC SUBCHAPTER XII - ELECTRICITY                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY

-HEAD-
                       SUBCHAPTER XII - ELECTRICITY                   

-End-


-CITE-
    42 USC Part A - Transmission Infrastructure Modernization    01/03/2007 

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part A - Transmission Infrastructure Modernization

-HEAD-
            PART A - TRANSMISSION INFRASTRUCTURE MODERNIZATION        

-End-



-CITE-
    42 USC Sec. 16421                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part A - Transmission Infrastructure Modernization

-HEAD-
    Sec. 16421. Third-party finance

-STATUTE-
    (a) Existing facilities
      The Secretary, acting through the Administrator of the Western
    Area Power Administration (hereinafter in this section referred to
    as "WAPA"), or through the Administrator of the Southwestern Power
    Administration (hereinafter in this section referred to as "SWPA"),
    or both, may design, develop, construct, operate, maintain, or own,
    or participate with other entities in designing, developing,
    constructing, operating, maintaining, or owning, an electric power
    transmission facility and related facilities ("Project") needed to
    upgrade existing transmission facilities owned by SWPA or WAPA if
    the Secretary, in consultation with the applicable Administrator,
    determines that the proposed Project - 
        (1)(A) is located in a national interest electric transmission
      corridor designated under section 216(a) of the Federal Power Act
      [16 U.S.C. 824p(a)] and will reduce congestion of electric
      transmission in interstate commerce; or
        (B) is necessary to accommodate an actual or projected increase
      in demand for electric transmission capacity;
        (2) is consistent with - 
          (A) transmission needs identified, in a transmission
        expansion plan or otherwise, by the appropriate Transmission
        Organization (as defined in the Federal Power Act [16 U.S.C.
        791a et seq.]), if any, or approved regional reliability
        organization; and
          (B) efficient and reliable operation of the transmission
        grid; and

        (3) would be operated in conformance with prudent utility
      practice.
    (b) New facilities
      The Secretary, acting through WAPA or SWPA, or both, may design,
    develop, construct, operate, maintain, or own, or participate with
    other entities in designing, developing, constructing, operating,
    maintaining, or owning, a new electric power transmission facility
    and related facilities ("Project") located within any State in
    which WAPA or SWPA operates if the Secretary, in consultation with
    the applicable Administrator, determines that the proposed Project -
     
        (1)(A) is located in an area designated under section 216(a) of
      the Federal Power Act [16 U.S.C. 824p(a)] and will reduce
      congestion of electric transmission in interstate commerce; or
        (B) is necessary to accommodate an actual or projected increase
      in demand for electric transmission capacity;
        (2) is consistent with - 
          (A) transmission needs identified, in a transmission
        expansion plan or otherwise, by the appropriate Transmission
        Organization (as defined in the Federal Power Act [16 U.S.C.
        791a et seq.]) if any, or approved regional reliability
        organization; and
          (B) efficient and reliable operation of the transmission
        grid;

        (3) will be operated in conformance with prudent utility
      practice;
        (4) will be operated by, or in conformance with the rules of,
      the appropriate (A) Transmission Organization, if any, or (B) if
      such an organization does not exist, regional reliability
      organization; and
        (5) will not duplicate the functions of existing transmission
      facilities or proposed facilities which are the subject of
      ongoing or approved siting and related permitting proceedings.
    (c) Other funds
      (1) In general
        In carrying out a Project under subsection (a) or (b), the
      Secretary may accept and use funds contributed by another entity
      for the purpose of carrying out the Project.
      (2) Availability
        The contributed funds shall be available for expenditure for
      the purpose of carrying out the Project - 
          (A) without fiscal year limitation; and
          (B) as if the funds had been appropriated specifically for
        that Project.
      (3) Allocation of costs
        In carrying out a Project under subsection (a) or (b), any
      costs of the Project not paid for by contributions from another
      entity shall be collected through rates charged to customers
      using the new transmission capability provided by the Project and
      allocated equitably among these project beneficiaries using the
      new transmission capability.
    (d) Relationship to other laws
      Nothing in this section affects any requirement of - 
        (1) any Federal environmental law, including the National
      Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
        (2) any Federal or State law relating to the siting of energy
      facilities; or
        (3) any existing authorizing statutes.
    (e) Savings clause
      Nothing in this section shall constrain or restrict an
    Administrator in the utilization of other authority delegated to
    the Administrator of WAPA or SWPA.
    (f) Secretarial determinations
      Any determination made pursuant to subsections (!1) (a) or (b)
    shall be based on findings by the Secretary using the best
    available data.

    (g) Maximum funding amount
      The Secretary shall not accept and use more than $100,000,000
    under subsection (c)(1) for the period encompassing fiscal years
    2006 through 2015.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1222, Aug. 8, 2005, 119 Stat.
    952.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in subsecs. (a)(2)(A) and
    (b)(2)(A), is act June 10, 1920, ch. 285, 41 Stat. 1063, as
    amended, which is classified generally to chapter 12 (Sec. 791a et
    seq.) of Title 16, Conservation. For complete classification of
    this Act to the Code, see section 791a of Title 16 and Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (d)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 4321 of this title
    and Tables.


-MISC1-
                                SHORT TITLE                            
      For short title of title XII of Pub. L. 109-58, which enacted
    this subchapter, as the "Electricity Modernization Act of 2005",
    see section 1201 of Pub. L. 109-58, set out as a note under section
    15801 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be singular.


-End-



-CITE-
    42 USC Sec. 16422                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part A - Transmission Infrastructure Modernization

-HEAD-
    Sec. 16422. Advanced transmission technologies

-STATUTE-
    (a) Definition of advanced transmission technology
      In this section, the term "advanced transmission technology"
    means a technology that increases the capacity, efficiency, or
    reliability of an existing or new transmission facility, including -
     
        (1) high-temperature lines (including superconducting cables);
        (2) underground cables;
        (3) advanced conductor technology (including advanced composite
      conductors, high-temperature low-sag conductors, and fiber optic
      temperature sensing conductors);
        (4) high-capacity ceramic electric wire, connectors, and
      insulators;
        (5) optimized transmission line configurations (including
      multiple phased transmission lines);
        (6) modular equipment;
        (7) wireless power transmission;
        (8) ultra-high voltage lines;
        (9) high-voltage DC technology;
        (10) flexible AC transmission systems;
        (11) energy storage devices (including pumped hydro, compressed
      air, superconducting magnetic energy storage, flywheels, and
      batteries);
        (12) controllable load;
        (13) distributed generation (including PV, fuel cells, and
      microturbines);
        (14) enhanced power device monitoring;
        (15) direct system state sensors;
        (16) fiber optic technologies;
        (17) power electronics and related software (including real
      time monitoring and analytical software);
        (18) mobile transformers and mobile substations; and
        (19) any other technologies the Commission considers
      appropriate.
    (b) Authority
      In carrying out the Federal Power Act (16 U.S.C. 791a et seq.)
    and the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
    2601 et seq.), the Commission shall encourage, as appropriate, the
    deployment of advanced transmission technologies.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1223, Aug. 8, 2005, 119 Stat.
    953.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in subsec. (b), is act June
    10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
    generally to chapter 12 (Sec. 791a et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see section 791a of Title 16 and Tables.
      The Public Utility Regulatory Policies Act of 1978, referred to
    in subsec. (b), is Pub. L. 95-617, Nov. 9, 1978, 92 Stat. 3117, as
    amended. For complete classification of this Act to the Code, see
    Short Title note set out under section 2601 of Title 16,
    Conservation, and Tables.

-End-



-CITE-
    42 USC Sec. 16423                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part A - Transmission Infrastructure Modernization

-HEAD-
    Sec. 16423. Advanced Power System Technology Incentive Program

-STATUTE-
    (a) Program
      The Secretary is authorized to establish an Advanced Power System
    Technology Incentive Program to support the deployment of certain
    advanced power system technologies and to improve and protect
    certain critical governmental, industrial, and commercial
    processes. Funds provided under this section shall be used by the
    Secretary to make incentive payments to eligible owners or
    operators of advanced power system technologies to increase power
    generation through enhanced operational, economic, and
    environmental performance. Payments under this section may only be
    made upon receipt by the Secretary of an incentive payment
    application establishing an applicant as either - 
        (1) a qualifying advanced power system technology facility; or
        (2) a qualifying security and assured power facility.
    (b) Incentives
      Subject to availability of funds, a payment of 1.8 cents per
    kilowatt-hour shall be paid to the owner or operator of a
    qualifying advanced power system technology facility under this
    section for electricity generated at such facility. An additional
    0.7 cents per kilowatt-hour shall be paid to the owner or operator
    of a qualifying security and assured power facility for electricity
    generated at such facility. Any facility qualifying under this
    section shall be eligible for an incentive payment for up to, but
    not more than, the first 10,000,000 kilowatt-hours produced in any
    fiscal year.
    (c) Eligibility
      For purposes of this section:
      (1) Qualifying advanced power system technology facility
        The term "qualifying advanced power system technology facility"
      means a facility using an advanced fuel cell, turbine, or hybrid
      power system or power storage system to generate or store
      electric energy.
      (2) Qualifying security and assured power facility
        The term "qualifying security and assured power facility" means
      a qualifying advanced power system technology facility determined
      by the Secretary, in consultation with the Secretary of Homeland
      Security, to be in critical need of secure, reliable, rapidly
      available, high-quality power for critical governmental,
      industrial, or commercial applications.
    (d) Authorization
      There are authorized to be appropriated to the Secretary for the
    purposes of this section, $10,000,000 for each of the fiscal years
    2006 through 2012.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1224, Aug. 8, 2005, 119 Stat.
    954.)

-End-


-CITE-
    42 USC Part B - Transmission Operation Improvements         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part B - Transmission Operation Improvements

-HEAD-
               PART B - TRANSMISSION OPERATION IMPROVEMENTS           

-End-



-CITE-
    42 USC Sec. 16431                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part B - Transmission Operation Improvements

-HEAD-
    Sec. 16431. Federal utility participation in transmission
      organizations

-STATUTE-
    (a) Definitions
      In this section:
      (1) Appropriate Federal regulatory authority
        The term "appropriate Federal regulatory authority" means - 
          (A) in the case of a Federal power marketing agency, the
        Secretary, except that the Secretary may designate the
        Administrator of a Federal power marketing agency to act as the
        appropriate Federal regulatory authority with respect to the
        transmission system of the Federal power marketing agency; and
          (B) in the case of the Tennessee Valley Authority, the Board
        of Directors of the Tennessee Valley Authority.
      (2) Federal power marketing agency
        The term "Federal power marketing agency" has the meaning given
      the term in section 796 of title 16.
      (3) Federal utility
        The term "Federal utility" means - 
          (A) a Federal power marketing agency; or
          (B) the Tennessee Valley Authority.
      (4) Transmission Organization
        The term "Transmission Organization" has the meaning given the
      term in section 796 of title 16.
      (5) Transmission system
        The term "transmission system" means an electric transmission
      facility owned, leased, or contracted for by the United States
      and operated by a Federal utility.
    (b) Transfer
      The appropriate Federal regulatory authority may enter into a
    contract, agreement, or other arrangement transferring control and
    use of all or part of the transmission system of a Federal utility
    to a Transmission Organization.
    (c) Contents
      The contract, agreement, or arrangement shall include - 
        (1) performance standards for operation and use of the
      transmission system that the head of the Federal utility
      determines are necessary or appropriate, including standards that
      ensure - 
          (A) recovery of all of the costs and expenses of the Federal
        utility related to the transmission facilities that are the
        subject of the contract, agreement, or other arrangement;
          (B) consistency with existing contracts and third-party
        financing arrangements; and
          (C) consistency with the statutory authorities, obligations,
        and limitations of the Federal utility;

        (2) provisions for monitoring and oversight by the Federal
      utility of the Transmission Organization's terms and conditions
      of the contract, agreement, or other arrangement, including a
      provision for the resolution of disputes through arbitration or
      other means with the Transmission Organization or with other
      participants, notwithstanding the obligations and limitations of
      any other law regarding arbitration; and
        (3) a provision that allows the Federal utility to withdraw
      from the Transmission Organization and terminate the contract,
      agreement, or other arrangement in accordance with its terms.
    (d) Commission
      Neither this section, actions taken pursuant to this section, nor
    any other transaction of a Federal utility participating in a
    Transmission Organization shall confer on the Commission
    jurisdiction or authority over - 
        (1) the electric generation assets, electric capacity, or
      energy of the Federal utility that the Federal utility is
      authorized by law to market; or
        (2) the power sales activities of the Federal utility.
    (e) Existing statutory and other obligations
      (1) System operation requirements
        No statutory provision requiring or authorizing a Federal
      utility to transmit electric power or to construct, operate, or
      maintain the transmission system of the Federal utility prohibits
      a transfer of control and use of the transmission system pursuant
      to, and subject to, the requirements of this section.
      (2) Other obligations
        This subsection does not - 
          (A) suspend, or exempt any Federal utility from, any
        provision of Federal law in effect on August 8, 2005, including
        any requirement or direction relating to the use of the
        transmission system of the Federal utility, environmental
        protection, fish and wildlife protection, flood control,
        navigation, water delivery, or recreation; or
          (B) authorize abrogation of any contract or treaty
        obligation.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1232, Aug. 8, 2005, 119 Stat.
    956.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 1232 of Pub. L. 109-58. Subsec.
    (e)(3) of section 1232 of Pub. L. 109-58 repealed section 824n of
    Title 16, Conservation.

-End-



-CITE-
    42 USC Sec. 16432                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part B - Transmission Operation Improvements

-HEAD-
    Sec. 16432. Study on the benefits of economic dispatch

-STATUTE-
    (a) Study
      The Secretary, in coordination and consultation with the States,
    shall conduct a study on - 
        (1) the procedures currently used by electric utilities to
      perform economic dispatch;
        (2) identifying possible revisions to those procedures to
      improve the ability of nonutility generation resources to offer
      their output for sale for the purpose of inclusion in economic
      dispatch; and
        (3) the potential benefits to residential, commercial, and
      industrial electricity consumers nationally and in each State if
      economic dispatch procedures were revised to improve the ability
      of nonutility generation resources to offer their output for
      inclusion in economic dispatch.
    (b) Definition
      The term "economic dispatch" when used in this section means the
    operation of generation facilities to produce energy at the lowest
    cost to reliably serve consumers, recognizing any operational
    limits of generation and transmission facilities.
    (c) Report to Congress and the States
      Not later than 90 days after August 8, 2005, and on a yearly
    basis following, the Secretary shall submit a report to Congress
    and the States on the results of the study conducted under
    subsection (a), including recommendations to Congress and the
    States for any suggested legislative or regulatory changes.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1234, Aug. 8, 2005, 119 Stat.
    960.)

-End-


-CITE-
    42 USC Part C - Transmission Rate Reform                    01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part C - Transmission Rate Reform

-HEAD-
                     PART C - TRANSMISSION RATE REFORM                 

-End-



-CITE-
    42 USC Sec. 16441                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part C - Transmission Rate Reform

-HEAD-
    Sec. 16441. Funding new interconnection and transmission upgrades

-STATUTE-
      The Commission may approve a participant funding plan that
    allocates costs related to transmission upgrades or new generator
    interconnection, without regard to whether an applicant is a member
    of a Commission-approved Transmission Organization, if the plan
    results in rates that - 
        (1) are just and reasonable;
        (2) are not unduly discriminatory or preferential; and
        (3) are otherwise consistent with sections 824d and 824e of
      title 16.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1242, Aug. 8, 2005, 119 Stat.
    962.)

-End-


-CITE-
    42 USC Part D - Repeal of Public Utility Holding Company
                     Act of 1935                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
       PART D - REPEAL OF PUBLIC UTILITY HOLDING COMPANY ACT OF 1935   

-End-



-CITE-
    42 USC Sec. 16451                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16451. Definitions

-STATUTE-
      For purposes of this part:
      (1) Affiliate
        The term "affiliate" of a company means any company, 5 percent
      or more of the outstanding voting securities of which are owned,
      controlled, or held with power to vote, directly or indirectly,
      by such company.
      (2) Associate company
        The term "associate company" of a company means any company in
      the same holding company system with such company.
      (3) Commission
        The term "Commission" means the Federal Energy Regulatory
      Commission.
      (4) Company
        The term "company" means a corporation, partnership,
      association, joint stock company, business trust, or any
      organized group of persons, whether incorporated or not, or a
      receiver, trustee, or other liquidating agent of any of the
      foregoing.
      (5) Electric utility company
        The term "electric utility company" means any company that owns
      or operates facilities used for the generation, transmission, or
      distribution of electric energy for sale.
      (6) Exempt wholesale generator and foreign utility company
        The terms "exempt wholesale generator" and "foreign utility
      company" have the same meanings as in sections 79z-5a and 79z-5b
      of title 15, as those sections existed on the day before the
      effective date of this part.
      (7) Gas utility company
        The term "gas utility company" means any company that owns or
      operates facilities used for distribution at retail (other than
      the distribution only in enclosed portable containers or
      distribution to tenants or employees of the company operating
      such facilities for their own use and not for resale) of natural
      or manufactured gas for heat, light, or power.
      (8) Holding company
        (A) In general
          The term "holding company" means - 
            (i) any company that directly or indirectly owns, controls,
          or holds, with power to vote, 10 percent or more of the
          outstanding voting securities of a public-utility company or
          of a holding company of any public-utility company; and
            (ii) any person, determined by the Commission, after notice
          and opportunity for hearing, to exercise directly or
          indirectly (either alone or pursuant to an arrangement or
          understanding with one or more persons) such a controlling
          influence over the management or policies of any public-
          utility company or holding company as to make it necessary
          or appropriate for the rate protection of utility customers
          with respect to rates that such person be subject to the
          obligations, duties, and liabilities imposed by this part
          upon holding companies.
        (B) Exclusions
          The term "holding company" shall not include - 
            (i) a bank, savings association, or trust company, or their
          operating subsidiaries that own, control, or hold, with the
          power to vote, public utility or public utility holding
          company securities so long as the securities are - 
              (I) held as collateral for a loan;
              (II) held in the ordinary course of business as a
            fiduciary; or
              (III) acquired solely for purposes of liquidation and in
            connection with a loan previously contracted for and owned
            beneficially for a period of not more than two years; or

            (ii) a broker or dealer that owns, controls, or holds with
          the power to vote public utility or public utility holding
          company securities so long as the securities are - 
              (I) not beneficially owned by the broker or dealer and
            are subject to any voting instructions which may be given
            by customers or their assigns; or
              (II) acquired within 12 months in the ordinary course of
            business as a broker, dealer, or underwriter with the bona
            fide intention of effecting distribution of the specific
            securities so acquired.
      (9) Holding company system
        The term "holding company system" means a holding company,
      together with its subsidiary companies.
      (10) Jurisdictional rates
        The term "jurisdictional rates" means rates accepted or
      established by the Commission for the transmission of electric
      energy in interstate commerce, the sale of electric energy at
      wholesale in interstate commerce, the transportation of natural
      gas in interstate commerce, and the sale in interstate commerce
      of natural gas for resale for ultimate public consumption for
      domestic, commercial, industrial, or any other use.
      (11) Natural gas company
        The term "natural gas company" means a person engaged in the
      transportation of natural gas in interstate commerce or the sale
      of such gas in interstate commerce for resale.
      (12) Person
        The term "person" means an individual or company.
      (13) Public utility
        The term "public utility" means any person who owns or operates
      facilities used for transmission of electric energy in interstate
      commerce or sales of electric energy at wholesale in interstate
      commerce.
      (14) Public-utility company
        The term "public-utility company" means an electric utility
      company or a gas utility company.
      (15) State commission
        The term "State commission" means any commission, board,
      agency, or officer, by whatever name designated, of a State,
      municipality, or other political subdivision of a State that,
      under the laws of such State, has jurisdiction to regulate public
      utility companies.
      (16) Subsidiary company
        The term "subsidiary company" of a holding company means - 
          (A) any company, 10 percent or more of the outstanding voting
        securities of which are directly or indirectly owned,
        controlled, or held with power to vote, by such holding
        company; and
          (B) any person, the management or policies of which the
        Commission, after notice and opportunity for hearing,
        determines to be subject to a controlling influence, directly
        or indirectly, by such holding company (either alone or
        pursuant to an arrangement or understanding with one or more
        other persons) so as to make it necessary for the rate
        protection of utility customers with respect to rates that such
        person be subject to the obligations, duties, and liabilities
        imposed by this part upon subsidiary companies of holding
        companies.
      (17) Voting security
        The term "voting security" means any security presently
      entitling the owner or holder thereof to vote in the direction or
      management of the affairs of a company.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1262, Aug. 8, 2005, 119 Stat.
    972.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle F (Secs. 1261-1277) of title XII of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 972, which enacted this
    part, amended sections 824 and 824m of Title 16, Conservation,
    repealed chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and
    Trade, and section 825q of Title 16, and enacted provisions set out
    as notes under this section and section 15801 of this title. For
    complete classification of subtitle F to the Code, see Short Title
    note set out under section 15801 of this title and Tables.
      For the effective date of this part, referred to in par. (6), see
    Effective Date note set out below.


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 109-58, title XII, Sec. 1274, Aug. 8, 2005, 119 Stat.
    977, provided that:
      "(a) In General. - Except for section 1272 [42 U.S.C. 16460]
    (relating to implementation), this subtitle [subtitle F (Secs. 1261
    to 1277) of title XII of Pub. L. 109-58, enacting this part,
    amending sections 824 and 824m of Title 16, Conservation, repealing
    chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and Trade, and
    section 825q of Title 16, and enacting provisions set out as a note
    under section 15801 of this title] shall take effect 6 months after
    the date of enactment of this subtitle [Aug. 8, 2005].
      "(b) Compliance With Certain Rules. - If the [Federal Energy
    Regulatory] Commission approves and makes effective any final
    rulemaking modifying the standards of conduct governing entities
    that own, operate, or control facilities for transmission of
    electricity in interstate commerce or transportation of natural gas
    in interstate commerce prior to the effective date of this
    subtitle, any action taken by a public-utility company or utility
    holding company to comply with the requirements of such rulemaking
    shall not subject such public-utility company or utility holding
    company to any regulatory requirement applicable to a holding
    company under the Public Utility Holding Company Act of 1935 (15
    U.S.C. 79 et seq.)."

                                SHORT TITLE                            
      For short title of subtitle F of title XII of Pub. L. 109-58,
    which enacted this part, as the "Public Utility Holding Company Act
    of 2005", see section 1261 of Pub. L. 109-58, set out as a note
    under section 15801 of this title.

-End-



-CITE-
    42 USC Sec. 16452                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16452. Federal access to books and records

-STATUTE-
    (a) In general
      Each holding company and each associate company thereof shall
    maintain, and shall make available to the Commission, such books,
    accounts, memoranda, and other records as the Commission determines
    are relevant to costs incurred by a public utility or natural gas
    company that is an associate company of such holding company and
    necessary or appropriate for the protection of utility customers
    with respect to jurisdictional rates.
    (b) Affiliate companies
      Each affiliate of a holding company or of any subsidiary company
    of a holding company shall maintain, and shall make available to
    the Commission, such books, accounts, memoranda, and other records
    with respect to any transaction with another affiliate, as the
    Commission determines are relevant to costs incurred by a public
    utility or natural gas company that is an associate company of such
    holding company and necessary or appropriate for the protection of
    utility customers with respect to jurisdictional rates.
    (c) Holding company systems
      The Commission may examine the books, accounts, memoranda, and
    other records of any company in a holding company system, or any
    affiliate thereof, as the Commission determines are relevant to
    costs incurred by a public utility or natural gas company within
    such holding company system and necessary or appropriate for the
    protection of utility customers with respect to jurisdictional
    rates.
    (d) Confidentiality
      No member, officer, or employee of the Commission shall divulge
    any fact or information that may come to his or her knowledge
    during the course of examination of books, accounts, memoranda, or
    other records as provided in this section, except as may be
    directed by the Commission or by a court of competent jurisdiction.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1264, Aug. 8, 2005, 119 Stat.
    974.)

-End-



-CITE-
    42 USC Sec. 16453                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16453. State access to books and records

-STATUTE-
    (a) In general
      Upon the written request of a State commission having
    jurisdiction to regulate a public-utility company in a holding
    company system, the holding company or any associate company or
    affiliate thereof, other than such public-utility company, wherever
    located, shall produce for inspection books, accounts, memoranda,
    and other records that - 
        (1) have been identified in reasonable detail in a proceeding
      before the State commission;
        (2) the State commission determines are relevant to costs
      incurred by such public-utility company; and
        (3) are necessary for the effective discharge of the
      responsibilities of the State commission with respect to such
      proceeding.
    (b) Limitation
      Subsection (a) does not apply to any person that is a holding
    company solely by reason of ownership of one or more qualifying
    facilities under the Public Utility Regulatory Policies Act of 1978
    (16 U.S.C. 2601 et seq.).
    (c) Confidentiality of information
      The production of books, accounts, memoranda, and other records
    under subsection (a) shall be subject to such terms and conditions
    as may be necessary and appropriate to safeguard against
    unwarranted disclosure to the public of any trade secrets or
    sensitive commercial information.
    (d) Effect on State law
      Nothing in this section shall preempt applicable State law
    concerning the provision of books, accounts, memoranda, and other
    records, or in any way limit the rights of any State to obtain
    books, accounts, memoranda, and other records under any other
    Federal law, contract, or otherwise.
    (e) Court jurisdiction
      Any United States district court located in the State in which
    the State commission referred to in subsection (a) is located shall
    have jurisdiction to enforce compliance with this section.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1265, Aug. 8, 2005, 119 Stat.
    975.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Public Utility Regulatory Policies Act of 1978, referred to
    in subsec. (b), is Pub. L. 95-617, Nov. 9, 1978, 92 Stat. 3117, as
    amended. For complete classification of this Act to the Code, see
    Short Title note set out under section 2601 of Title 16,
    Conservation, and Tables.

-End-



-CITE-
    42 USC Sec. 16454                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16454. Exemption authority

-STATUTE-
    (a) Rulemaking
      Not later than 90 days after the effective date of this part, the
    Commission shall issue a final rule to exempt from the requirements
    of section 16452 of this title (relating to Federal access to books
    and records) any person that is a holding company, solely with
    respect to one or more - 
        (1) qualifying facilities under the Public Utility Regulatory
      Policies Act of 1978 (16 U.S.C. 2601 et seq.);
        (2) exempt wholesale generators; or
        (3) foreign utility companies.
    (b) Other authority
      The Commission shall exempt a person or transaction from the
    requirements of section 16452 of this title (relating to Federal
    access to books and records) if, upon application or upon the
    motion of the Commission - 
        (1) the Commission finds that the books, accounts, memoranda,
      and other records of any person are not relevant to the
      jurisdictional rates of a public utility or natural gas company;
      or
        (2) the Commission finds that any class of transactions is not
      relevant to the jurisdictional rates of a public utility or
      natural gas company.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1266, Aug. 8, 2005, 119 Stat.
    975.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this part, referred to in subsec. (a),
    see Effective Date note set out under section 16451 of this title.
      The Public Utility Regulatory Policies Act of 1978, referred to
    in subsec. (a)(1), is Pub. L. 95-617, Nov. 9, 1978, 92 Stat. 3117,
    as amended. For complete classification of this Act to the Code,
    see Short Title note set out under section 2601 of Title 16,
    Conservation, and Tables.

-End-



-CITE-
    42 USC Sec. 16455                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16455. Affiliate transactions

-STATUTE-
    (a) Commission authority unaffected
      Nothing in this part shall limit the authority of the Commission
    under the Federal Power Act (16 U.S.C. 791a et seq.) to require
    that jurisdictional rates are just and reasonable, including the
    ability to deny or approve the pass through of costs, the
    prevention of cross-subsidization, and the issuance of such rules
    and regulations as are necessary or appropriate for the protection
    of utility consumers.
    (b) Recovery of costs
      Nothing in this part shall preclude the Commission or a State
    commission from exercising its jurisdiction under otherwise
    applicable law to determine whether a public-utility company,
    public utility, or natural gas company may recover in rates any
    costs of an activity performed by an associate company, or any
    costs of goods or services acquired by such public-utility company
    from an associate company.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1267, Aug. 8, 2005, 119 Stat.
    976.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle F (Secs. 1261-1277) of title XII of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 972, which enacted this
    part, amended sections 824 and 824m of Title 16, Conservation,
    repealed chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and
    Trade, and section 825q of Title 16, and enacted provisions set out
    as notes under sections 15801 and 16451 of this title. For complete
    classification of subtitle F to the Code, see Short Title note set
    out under section 15801 of this title and Tables.
      The Federal Power Act, referred to in subsec. (a), is act June
    10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
    generally to chapter 12 (Sec. 791a et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see section 791a of Title 16 and Tables.

-End-



-CITE-
    42 USC Sec. 16456                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16456. Applicability

-STATUTE-
      Except as otherwise specifically provided in this part, no
    provision of this part shall apply to, or be deemed to include - 
        (1) the United States;
        (2) a State or any political subdivision of a State;
        (3) any foreign governmental authority not operating in the
      United States;
        (4) any agency, authority, or instrumentality of any entity
      referred to in paragraph (1), (2), or (3); or
        (5) any officer, agent, or employee of any entity referred to
      in paragraph (1), (2), (3), or (4) acting as such in the course
      of his or her official duty.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1268, Aug. 8, 2005, 119 Stat.
    976.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle F (Secs. 1261-1277) of title XII of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 972, which enacted this
    part, amended sections 824 and 824m of Title 16, Conservation,
    repealed chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and
    Trade, and section 825q of Title 16, and enacted provisions set out
    as notes under sections 15801 and 16451 of this title. For complete
    classification of subtitle F to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16457                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16457. Effect on other regulations

-STATUTE-
      Nothing in this part precludes the Commission or a State
    commission from exercising its jurisdiction under otherwise
    applicable law to protect utility customers.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1269, Aug. 8, 2005, 119 Stat.
    976.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle F (Secs. 1261-1277) of title XII of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 972, which enacted this
    part, amended sections 824 and 824m of Title 16, Conservation,
    repealed chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and
    Trade, and section 825q of Title 16, and enacted provisions set out
    as notes under sections 15801 and 16451 of this title. For complete
    classification of subtitle F to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16458                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16458. Enforcement

-STATUTE-
      The Commission shall have the same powers as set forth in
    sections 825e through 825p of title 16 to enforce the provisions of
    this part.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1270, Aug. 8, 2005, 119 Stat.
    976.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle F (Secs. 1261-1277) of title XII of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 972, which enacted this
    part, amended sections 824 and 824m of Title 16, Conservation,
    repealed chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and
    Trade, and section 825q of Title 16, and enacted provisions set out
    as notes under sections 15801 and 16451 of this title. For complete
    classification of subtitle F to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16459                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16459. Savings provisions

-STATUTE-
    (a) In general
      Nothing in this part, or otherwise in the Public Utility Holding
    Company Act of 1935, or rules, regulations, or orders thereunder,
    prohibits a person from engaging in or continuing to engage in
    activities or transactions in which it is legally engaged or
    authorized to engage on August 8, 2005, if that person continues to
    comply with the terms (other than an expiration date or termination
    date) of any such authorization, whether by rule or by order.
    (b) Effect on other Commission authority
      Nothing in this part limits the authority of the Commission under
    the Federal Power Act (16 U.S.C. 791a et seq.) or the Natural Gas
    Act (15 U.S.C. 717 et seq.).
    (c) Tax treatment
      Tax treatment under section 1081 (!1) of title 26 as a result of
    transactions ordered in compliance with the Public Utility Holding
    Company Act of 1935 (15 U.S.C. 79 et seq.) shall not be affected in
    any manner due to the repeal of that Act and the enactment of the
    Public Utility Holding Company Act of 2005 [42 U.S.C. 16451 et
    seq.].


-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1271, Aug. 8, 2005, 119 Stat.
    976.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle F (Secs. 1261-1277) of title XII of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 972, known as the Public
    Utility Holding Company Act of 2005, which enacted this part,
    amended sections 824 and 824m of Title 16, Conservation, repealed
    chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and Trade, and
    section 825q of Title 16, and enacted provisions set out as notes
    under sections 15801 and 16451 of this title. For complete
    classification of subtitle F to the Code, see Short Title note set
    out under section 15801 of this title and Tables.
      The Public Utility Holding Company Act of 1935, referred to in
    subsecs. (a) and (c), is title I of act Aug. 26, 1935, ch. 687, 49
    Stat. 803, as amended, which was classified generally to chapter 2C
    (Sec. 79 et seq.) of Title 15, Commerce and Trade, prior to repeal
    by Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119 Stat.
    974. For complete classification of this Act to the Code, see
    Tables.
      The Federal Power Act, referred to in subsec. (b), is act June
    10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
    generally to chapter 12 (Sec. 791a et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see section 791a of Title 16 and Tables.
      The Natural Gas Act, referred to in subsec. (b), is act June 21,
    1938, ch. 556, 52 Stat. 821, as amended, which is classified
    generally to chapter 15B (Sec. 717 et seq.) of Title 15, Commerce
    and Trade. For complete classification of this Act to the Code, see
    section 717w of Title 15 and Tables.
      Section 1081 of title 26, referred to in subsec. (c), was
    repealed by Pub. L. 109-135, title IV, Sec. 402(a)(1), Dec. 21,
    2005, 119 Stat. 2610.
      The Public Utility Holding Company Act of 2005, referred to in
    subsec. (c), is subtitle F (Secs. 1261-1277) of title XII of Pub.
    L. 109-58. See note for this part above.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 16460                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16460. Implementation

-STATUTE-
      Not later than 4 months after August 8, 2005, the Commission
    shall - 
        (1) issue such regulations as may be necessary or appropriate
      to implement this part (other than section 16453 of this title,
      relating to State access to books and records); and
        (2) submit to Congress detailed recommendations on technical
      and conforming amendments to Federal law necessary to carry out
      this part and the amendments made by this part.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1272, Aug. 8, 2005, 119 Stat.
    977.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle F (Secs. 1261-1277) of title XII of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 972, which enacted this
    part, amended sections 824 and 824m of Title 16, Conservation,
    repealed chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and
    Trade, and section 825q of Title 16, and enacted provisions set out
    as notes under sections 15801 and 16451 of this title. For complete
    classification of subtitle F to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16461                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16461. Transfer of resources

-STATUTE-
      All books and records that relate primarily to the functions
    transferred to the Commission under this part shall be transferred
    from the Securities and Exchange Commission to the Commission.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1273, Aug. 8, 2005, 119 Stat.
    977.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle F (Secs. 1261-1277) of title XII of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 972, which enacted this
    part, amended sections 824 and 824m of Title 16, Conservation,
    repealed chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and
    Trade, and section 825q of Title 16, and enacted provisions set out
    as notes under sections 15801 and 16451 of this title. For complete
    classification of subtitle F to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 16462                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16462. Service allocation

-STATUTE-
    (a) Definition of public utility
      In this section, the term "public utility" has the meaning given
    the term in section 824(e) of title 16.
    (b) FERC review
      In the case of non-power goods or administrative or management
    services provided by an associate company organized specifically
    for the purpose of providing such goods or services to any public
    utility in the same holding company system, at the election of the
    system or a State commission having jurisdiction over the public
    utility, the Commission, after the effective date of this part,
    shall review and authorize the allocation of the costs for such
    goods or services to the extent relevant to that associate company.
    (c) Effect on Federal and State law
      Nothing in this section shall affect the authority of the
    Commission or a State commission under other applicable law.
    (d) Rules
      Not later than 4 months after August 8, 2005, the Commission
    shall issue rules (which rules shall be effective no earlier than
    the effective date of this part) to exempt from the requirements of
    this section any company in a holding company system whose public
    utility operations are confined substantially to a single State and
    any other class of transactions that the Commission finds is not
    relevant to the jurisdictional rates of a public utility.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1275, Aug. 8, 2005, 119 Stat.
    977.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this part, referred to in subsecs. (b)
    and (d), see Effective Date note set out under section 16451 of
    this title.

-End-



-CITE-
    42 USC Sec. 16463                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part D - Repeal of Public Utility Holding Company Act of 1935

-HEAD-
    Sec. 16463. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated such funds as may be
    necessary to carry out this part.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1276, Aug. 8, 2005, 119 Stat.
    978.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle F (Secs. 1261-1277) of title XII of
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 972, which enacted this
    part, amended sections 824 and 824m of Title 16, Conservation,
    repealed chapter 2C (Sec. 79 et seq.) of Title 15, Commerce and
    Trade, and section 825q of Title 16, and enacted provisions set out
    as notes under sections 15801 and 16451 of this title. For complete
    classification of subtitle F to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-End-


-CITE-
    42 USC Part E - Market Transparency, Enforcement, and
                     Consumer Protection                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part E - Market Transparency, Enforcement, and Consumer Protection

-HEAD-
    PART E - MARKET TRANSPARENCY, ENFORCEMENT, AND CONSUMER PROTECTION

-End-



-CITE-
    42 USC Sec. 16471                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part E - Market Transparency, Enforcement, and Consumer Protection

-HEAD-
    Sec. 16471. Consumer privacy and unfair trade practices

-STATUTE-
    (a) Privacy
      The Federal Trade Commission may issue rules protecting the
    privacy of electric consumers from the disclosure of consumer
    information obtained in connection with the sale or delivery of
    electric energy to electric consumers.
    (b) Slamming
      The Federal Trade Commission may issue rules prohibiting the
    change of selection of an electric utility except with the informed
    consent of the electric consumer or if approved by the appropriate
    State regulatory authority.
    (c) Cramming
      The Federal Trade Commission may issue rules prohibiting the sale
    of goods and services to an electric consumer unless expressly
    authorized by law or the electric consumer.
    (d) Rulemaking
      The Federal Trade Commission shall proceed in accordance with
    section 553 of title 5 when prescribing a rule under this section.
    (e) State authority
      If the Federal Trade Commission determines that a State's
    regulations provide equivalent or greater protection than the
    provisions of this section, such State regulations shall apply in
    that State in lieu of the regulations issued by the Commission
    under this section.
    (f) Definitions
      For purposes of this section:
      (1) State regulatory authority
        The term "State regulatory authority" has the meaning given
      that term in section 796(21) of title 16.
      (2) Electric consumer and electric utility
        The terms "electric consumer" and "electric utility" have the
      meanings given those terms in section 2602 of title 16.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1287, Aug. 8, 2005, 119 Stat.
    981.)

-End-


-CITE-
    42 USC Part F - Definitions                                 01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part F - Definitions

-HEAD-
                           PART F - DEFINITIONS                       

-End-



-CITE-
    42 USC Sec. 16481                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XII - ELECTRICITY
    Part F - Definitions

-HEAD-
    Sec. 16481. Commission defined

-STATUTE-
      In this subchapter, the term "Commission" means the Federal
    Energy Regulatory Commission.

-SOURCE-
    (Pub. L. 109-58, title XII, Sec. 1291(a), Aug. 8, 2005, 119 Stat.
    984.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title", meaning title XII of Pub. L. 109-58, Aug. 8, 2005, 119
    Stat. 941, which enacted this subchapter and sections 824j-1 and
    824o to 824w of Title 16, Conservation, amended sections 796, 824,
    824a-3, 824b, 824e, 824j, 824m, 825e, 825f, 825l to 825o, 825o-1,
    2621, 2622, 2625, 2634, and 2642 of Title 16, repealed chapter 2C
    (Sec. 79 et seq.) of Title 15, Commerce and Trade, and sections
    824n and 825q of Title 16, and enacted provisions set out as notes
    under sections 15801 and 16451 of this title and sections 824b,
    824o, 824q, and 2642 of Title 16. For complete classification of
    title XII to the Code, see Short Title note set out under section
    15801 of this title and Tables.

-End-


-CITE-
    42 USC SUBCHAPTER XIII - MISCELLANEOUS                      01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-
                      SUBCHAPTER XIII - MISCELLANEOUS                  

-End-



-CITE-
    42 USC Sec. 16491                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-
    Sec. 16491. Energy production incentives

-STATUTE-
    (a) In general
      A State may provide to any entity - 
        (1) a credit against any tax or fee owed to the State under a
      State law, or
        (2) any other tax incentive,

    determined by the State to be appropriate, in the amount calculated
    under and in accordance with a formula determined by the State, for
    production described in subsection (b) in the State by the entity
    that receives such credit or such incentive.
    (b) Eligible entities
      Subsection (a) shall apply with respect to the production in the
    State of electricity from coal mined in the State and used in a
    facility, if such production meets all applicable Federal and State
    laws and if such facility uses scrubbers or other forms of clean
    coal technology.
    (c) Effect on interstate commerce
      Any action taken by a State in accordance with this section with
    respect to a tax or fee payable, or incentive applicable, for any
    period beginning after August 8, 2005, shall - 
        (1) be considered to be a reasonable regulation of commerce;
      and
        (2) not be considered to impose an undue burden on interstate
      commerce or to otherwise impair, restrain, or discriminate,
      against interstate commerce.

-SOURCE-
    (Pub. L. 109-58, title XIV, Sec. 1402, Aug. 8, 2005, 119 Stat.
    1061.)

-End-



-CITE-
    42 USC Sec. 16492                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-
    Sec. 16492. Regulation of certain oil used in transformers

-STATUTE-
      Notwithstanding any other provision of law, or rule promulgated
    by the Environmental Protection Agency, vegetable oil made from
    soybeans and used in electric transformers as thermal insulation
    shall not be regulated as an oil identified under section
    2720(a)(1)(B) of title 33.

-SOURCE-
    (Pub. L. 109-58, title XIV, Sec. 1403, Aug. 8, 2005, 119 Stat.
    1061.)

-End-



-CITE-
    42 USC Sec. 16493                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-
    Sec. 16493. National Priority Project Designation

-STATUTE-
    (a) Designation of National Priority Projects
      (1) In general
        There is established the National Priority Project Designation
      (referred to in this section as the "Designation"), which shall
      be evidenced by a medal bearing the inscription "National
      Priority Project".
      (2) Design and materials
        The medal shall be of such design and materials and bear such
      additional inscriptions as the President may prescribe.
    (b) Making and presentation of Designation
      (1) In general
        The President, on the basis of recommendations made by the
      Secretary, shall annually designate organizations that have - 
          (A) advanced the field of renewable energy technology and
        contributed to North American energy independence; and
          (B) been certified by the Secretary under subsection (e).
      (2) Presentation
        The President shall designate projects with such ceremonies as
      the President may prescribe.
      (3) Use of Designation
        An organization that receives a Designation under this section
      may publicize the Designation of the organization as a National
      Priority Project in advertising.
      (4) Categories in which the Designation may be given
        Separate Designations shall be made to qualifying projects in
      each of the following categories:
          (A) Wind and biomass energy generation projects.
          (B) Photovoltaic and fuel cell energy generation projects.
          (C) Energy efficient building and renewable energy projects.
          (D) First-in-Class projects.
    (c) Selection criteria
      (1) In general
        Certification and selection of the projects to receive the
      Designation shall be based on criteria established under this
      subsection.
      (2) Wind, biomass, and building projects
        In the case of a wind, biomass, or building project, the
      project shall demonstrate that the project will install not less
      than 30 megawatts of renewable energy generation capacity.
      (3) Solar photovoltaic and fuel cell projects
        In the case of a solar photovoltaic or fuel cell project, the
      project shall demonstrate that the project will install not less
      than 3 megawatts of renewable energy generation capacity.
      (4) Energy efficient building and renewable energy projects
        In the case of an energy efficient building or renewable energy
      project, in addition to meeting the criteria established under
      paragraph (2), each building project shall demonstrate that the
      project will - 
          (A) comply with third-party certification standards for high-
        performance, sustainable buildings;
          (B) use whole-building integration of energy efficiency and
        environmental performance design and technology, including
        advanced building controls;
          (C) use renewable energy for at least 50 percent of the
        energy consumption of the project;
          (D) comply with applicable Energy Star standards; and
          (E) include at least 5,000,000 square feet of enclosed space.
      (5) First-in-Class use
        Notwithstanding paragraphs (2) through (4), a new building
      project may qualify under this section if the Secretary
      determines that the project - 
          (A) represents a First-In-Class use of renewable energy; or
          (B) otherwise establishes a new paradigm of building
        integrated renewable energy use or energy efficiency.
    (d) Application
      (1) Initial applications
        No later than 120 days after August 8, 2005, and annually
      thereafter, the Secretary shall publish in the Federal Register
      an invitation and guidelines for submitting applications,
      consistent with this section.
      (2) Contents
        The application shall describe the project, or planned project,
      and the plans to meet the criteria established under subsection
      (c).
    (e) Certification
      (1) In general
        Not later than 60 days after the application period described
      in subsection (d), and annually thereafter, the Secretary shall
      certify projects that are reasonably expected to meet the
      criteria established under subsection (c).
      (2) Certified projects
        The Secretary shall designate personnel of the Department to
      work with persons carrying out each certified project and ensure
      that the personnel - 
          (A) provide each certified project with guidance in meeting
        the criteria established under subsection (c);
          (B) identify programs of the Department, including National
        Laboratories and Technology Centers, that will assist each
        project in meeting the criteria established under subsection
        (c); and
          (C) ensure that knowledge and transfer of the most current
        technology between the applicable resources of the Federal
        Government (including the National Laboratories and Technology
        Centers, the Department, and the Environmental Protection
        Agency) and the certified projects is being facilitated to
        accelerate commercialization of work developed through those
        resources.
    (f) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section for each of fiscal years 2006
    through 2010.

-SOURCE-
    (Pub. L. 109-58, title XIV, Sec. 1405, Aug. 8, 2005, 119 Stat.
    1062.)

-End-



-CITE-
    42 USC Sec. 16494                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-
    Sec. 16494. Oxygen-fuel

-STATUTE-
    (a) Program
      The Secretary shall establish a program on oxygen-fuel systems.
    If feasible, the program shall include renovation of at least one
    existing large unit and one existing small unit, and construction
    of one new large unit and one new small unit.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section - 
        (1) $100,000,000 for fiscal year 2006;
        (2) $100,000,000 for fiscal year 2007; and
        (3) $100,000,000 for fiscal year 2008.
    (c) Definitions
      For purposes of this section - 
        (1) the term "large unit" means a unit with a generating
      capacity of 100 megawatts or more;
        (2) the term "oxygen-fuel systems" means systems that utilize
      fuel efficiency benefits of oil, gas, coal, and biomass
      combustion using substantially pure oxygen, with high flame
      temperatures and the exclusion of air from the boiler, in
      industrial or electric utility steam generating units; and
        (3) the term "small unit" means a unit with a generating
      capacity in the 10-50 megawatt range.

-SOURCE-
    (Pub. L. 109-58, title XIV, Sec. 1407, Aug. 8, 2005, 119 Stat.
    1064.)

-End-


-CITE-
    42 USC SUBCHAPTER XIV - ETHANOL AND MOTOR FUELS             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XIV - ETHANOL AND MOTOR FUELS

-HEAD-
                 SUBCHAPTER XIV - ETHANOL AND MOTOR FUELS             

-End-



-CITE-
    42 USC Sec. 16501                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XIV - ETHANOL AND MOTOR FUELS

-HEAD-
    Sec. 16501. Commercial byproducts from municipal solid waste and
      cellulosic biomass loan guarantee program

-STATUTE-
    (a) Definition of municipal solid waste
      In this section, the term "municipal solid waste" has the meaning
    given the term "solid waste" in section 6903 of this title.
    (b) Establishment of program
      The Secretary shall establish a program to provide guarantees of
    loans by private institutions for the construction of facilities
    for the processing and conversion of municipal solid waste and
    cellulosic biomass into fuel ethanol and other commercial
    byproducts.
    (c) Requirements
      The Secretary may provide a loan guarantee under subsection (b)
    to an applicant if - 
        (1) without a loan guarantee, credit is not available to the
      applicant under reasonable terms or conditions sufficient to
      finance the construction of a facility described in subsection
      (b);
        (2) the prospective earning power of the applicant and the
      character and value of the security pledged provide a reasonable
      assurance of repayment of the loan to be guaranteed in accordance
      with the terms of the loan; and
        (3) the loan bears interest at a rate determined by the
      Secretary to be reasonable, taking into account the current
      average yield on outstanding obligations of the United States
      with remaining periods of maturity comparable to the maturity of
      the loan.
    (d) Criteria
      In selecting recipients of loan guarantees from among applicants,
    the Secretary shall give preference to proposals that - 
        (1) meet all applicable Federal and State permitting
      requirements;
        (2) are most likely to be successful; and
        (3) are located in local markets that have the greatest need
      for the facility because of - 
          (A) the limited availability of land for waste disposal;
          (B) the availability of sufficient quantities of cellulosic
        biomass; or
          (C) a high level of demand for fuel ethanol or other
        commercial byproducts of the facility.
    (e) Maturity
      A loan guaranteed under subsection (b) shall have a maturity of
    not more than 20 years.
    (f) Terms and conditions
      The loan agreement for a loan guaranteed under subsection (b)
    shall provide that no provision of the loan agreement may be
    amended or waived without the consent of the Secretary.
    (g) Assurance of repayment
      The Secretary shall require that an applicant for a loan
    guarantee under subsection (b) provide an assurance of repayment in
    the form of a performance bond, insurance, collateral, or other
    means acceptable to the Secretary in an amount equal to not less
    than 20 percent of the amount of the loan.
    (h) Guarantee fee
      The recipient of a loan guarantee under subsection (b) shall pay
    the Secretary an amount determined by the Secretary to be
    sufficient to cover the administrative costs of the Secretary
    relating to the loan guarantee.
    (i) Full faith and credit
      The full faith and credit of the United States is pledged to the
    payment of all guarantees made under this section. Any such
    guarantee made by the Secretary shall be conclusive evidence of the
    eligibility of the loan for the guarantee with respect to principal
    and interest. The validity of the guarantee shall be incontestable
    in the hands of a holder of the guaranteed loan.
    (j) Reports
      Until each guaranteed loan under this section has been repaid in
    full, the Secretary shall annually submit to Congress a report on
    the activities of the Secretary under this section.
    (k) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section.
    (l) Termination of authority
      The authority of the Secretary to issue a loan guarantee under
    subsection (b) terminates on the date that is 10 years after August
    8, 2005.

-SOURCE-
    (Pub. L. 109-58, title XV, Sec. 1510, Aug. 8, 2005, 119 Stat.
    1085.)

-End-



-CITE-
    42 USC Sec. 16502                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XIV - ETHANOL AND MOTOR FUELS

-HEAD-
    Sec. 16502. Advanced Biofuel Technologies Program

-STATUTE-
    (a) In general
      Subject to the availability of appropriations under subsection
    (d), the Administrator of the Environmental Protection Agency
    shall, in consultation with the Secretary of Agriculture and the
    Biomass Research and Development Technical Advisory Committee
    established under section 8605 of title 7, establish a program, to
    be known as the "Advanced Biofuel Technologies Program", to
    demonstrate advanced technologies for the production of alternative
    transportation fuels.
    (b) Priority
      In carrying out the program under subsection (a), the
    Administrator shall give priority to projects that enhance the
    geographical diversity of alternative fuels production and utilize
    feedstocks that represent 10 percent or less of ethanol or
    biodiesel fuel production in the United States during the previous
    fiscal year.
    (c) Demonstration projects
      (1) In general
        As part of the program under subsection (a), the Administrator
      shall fund demonstration projects - 
          (A) to develop not less than 4 different conversion
        technologies for producing cellulosic biomass ethanol; and
          (B) to develop not less than 5 technologies for coproducing
        value-added bioproducts (such as fertilizers, herbicides, and
        pesticides) resulting from the production of biodiesel fuel.
      (2) Administration
        Demonstration projects under this subsection shall be - 
          (A) conducted based on a merit-reviewed, competitive process;
        and
          (B) subject to the cost-sharing requirements of section 16352
        of this title.
    (d) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    $110,000,000 for each of fiscal years 2005 through 2009.

-SOURCE-
    (Pub. L. 109-58, title XV, Sec. 1514, Aug. 8, 2005, 119 Stat.
    1090.)

-End-



-CITE-
    42 USC Sec. 16503                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 149 - ENERGY POLICY, 2005
    SUBCHAPTER XIV - ETHANOL AND MOTOR FUELS

-HEAD-
    Sec. 16503. Sugar ethanol loan guarantee program

-STATUTE-
    (a) In general
      Funds may be provided for the cost (as defined in section 661a of
    title 2) of loan guarantees issued under title XIV (!1) to carry
    out commercial demonstration projects for ethanol derived from
    sugarcane, bagasse, and other sugarcane byproducts.

    (b) Demonstration projects
      The Secretary may issue loan guarantees under this section to
    projects to demonstrate commercially the feasibility and viability
    of producing ethanol using sugarcane, sugarcane bagasse, and other
    sugarcane byproducts as a feedstock.
    (c) Requirements
      An applicant for a loan guarantee under this section may provide
    assurances, satisfactory to the Secretary, that - 
        (1) the project design has been validated through the operation
      of a continuous process facility;
        (2) the project has been subject to a full technical review;
        (3) the project, with the loan guarantee, is economically
      viable; and
        (4) there is a reasonable assurance of repayment of the
      guaranteed loan.
    (d) Limitations
      (1) Maximum guarantee
        Except as provided in paragraph (2), a loan guarantee under
      this section - 
          (A) may be issued for up to 80 percent of the estimated cost
        of a project; but
          (B) shall not exceed $50,000,000 for any 1 project.
      (2) Additional guarantees
        (A) In general
          The Secretary may issue additional loan guarantees for a
        project to cover - 
            (i) up to 80 percent of the excess of actual project costs;
          but
            (ii) not to exceed 15 percent of the amount of the original
          loan guarantee.
        (B) Principal and interest
          Subject to subparagraph (A), the Secretary shall guarantee
        100 percent of the principal and interest of a loan guarantee
        made under subparagraph (A).

-SOURCE-
    (Pub. L. 109-58, title XV, Sec. 1516, Aug. 8, 2005, 119 Stat.
    1091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title XIV, referred to in subsec. (a), is title XIV of Pub. L.
    109-58, Aug. 8, 2005, 119 Stat. 1061, which enacted subchapter XIII
    of this chapter and section 13557 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    42 USC SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE
           TECHNOLOGIES                                    01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES

-HEAD-
          SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES      

-End-



-CITE-
    42 USC Sec. 16511                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES

-HEAD-
    Sec. 16511. Definitions

-STATUTE-
      In this subchapter:
      (1) Commercial technology
        (A) In general
          The term "commercial technology" means a technology in
        general use in the commercial marketplace.
        (B) Inclusions
          The term "commercial technology" does not include a
        technology solely by use of the technology in a demonstration
        project funded by the Department.
      (2) Cost
        The term "cost" has the meaning given the term "cost of a loan
      guarantee" within the meaning of section 661a(5)(C) of title 2.
      (3) Eligible project
        The term "eligible project" means a project described in
      section 16513 of this title.
      (4) Guarantee
        (A) In general
          The term "guarantee" has the meaning given the term "loan
        guarantee" in section 661a of title 2.
        (B) Inclusion
          The term "guarantee" includes a loan guarantee commitment (as
        defined in section 661a of title 2).
      (5) Obligation
        The term "obligation" means the loan or other debt obligation
      that is guaranteed under this section.

-SOURCE-
    (Pub. L. 109-58, title XVII, Sec. 1701, Aug. 8, 2005, 119 Stat.
    1117.)

-End-



-CITE-
    42 USC Sec. 16512                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES

-HEAD-
    Sec. 16512. Terms and conditions

-STATUTE-
    (a) In general
      Except for division C of Public Law 108-324 [15 U.S.C. 720 et
    seq.], the Secretary shall make guarantees under this or any other
    Act for projects on such terms and conditions as the Secretary
    determines, after consultation with the Secretary of the Treasury,
    only in accordance with this section.
    (b) Specific appropriation or contribution
      No guarantee shall be made unless - 
        (1) an appropriation for the cost has been made; or
        (2) the Secretary has received from the borrower a payment in
      full for the cost of the obligation and deposited the payment
      into the Treasury.
    (c) Amount
      Unless otherwise provided by law, a guarantee by the Secretary
    shall not exceed an amount equal to 80 percent of the project cost
    of the facility that is the subject of the guarantee, as estimated
    at the time at which the guarantee is issued.
    (d) Repayment
      (1) In general
        No guarantee shall be made unless the Secretary determines that
      there is reasonable prospect of repayment of the principal and
      interest on the obligation by the borrower.
      (2) Amount
        No guarantee shall be made unless the Secretary determines that
      the amount of the obligation (when combined with amounts
      available to the borrower from other sources) will be sufficient
      to carry out the project.
      (3) Subordination
        The obligation shall be subject to the condition that the
      obligation is not subordinate to other financing.
    (e) Interest rate
      An obligation shall bear interest at a rate that does not exceed
    a level that the Secretary determines appropriate, taking into
    account the prevailing rate of interest in the private sector for
    similar loans and risks.
    (f) Term
      The term of an obligation shall require full repayment over a
    period not to exceed the lesser of - 
        (1) 30 years; or
        (2) 90 percent of the projected useful life of the physical
      asset to be financed by the obligation (as determined by the
      Secretary).
    (g) Defaults
      (1) Payment by Secretary
        (A) In general
          If a borrower defaults on the obligation (as defined in
        regulations promulgated by the Secretary and specified in the
        guarantee contract), the holder of the guarantee shall have the
        right to demand payment of the unpaid amount from the
        Secretary.
        (B) Payment required
          Within such period as may be specified in the guarantee or
        related agreements, the Secretary shall pay to the holder of
        the guarantee the unpaid interest on, and unpaid principal of
        the obligation as to which the borrower has defaulted, unless
        the Secretary finds that there was no default by the borrower
        in the payment of interest or principal or that the default has
        been remedied.
        (C) Forbearance
          Nothing in this subsection precludes any forbearance by the
        holder of the obligation for the benefit of the borrower which
        may be agreed upon by the parties to the obligation and
        approved by the Secretary.
      (2) Subrogation
        (A) In general
          If the Secretary makes a payment under paragraph (1), the
        Secretary shall be subrogated to the rights of the recipient of
        the payment as specified in the guarantee or related agreements
        including, where appropriate, the authority (notwithstanding
        any other provision of law) to - 
            (i) complete, maintain, operate, lease, or otherwise
          dispose of any property acquired pursuant to such guarantee
          or related agreements; or
            (ii) permit the borrower, pursuant to an agreement with the
          Secretary, to continue to pursue the purposes of the project
          if the Secretary determines this to be in the public
          interest.
        (B) Superiority of rights
          The rights of the Secretary, with respect to any property
        acquired pursuant to a guarantee or related agreements, shall
        be superior to the rights of any other person with respect to
        the property.
        (C) Terms and conditions
          A guarantee agreement shall include such detailed terms and
        conditions as the Secretary determines appropriate to - 
            (i) protect the interests of the United States in the case
          of default; and
            (ii) have available all the patents and technology
          necessary for any person selected, including the Secretary,
          to complete and operate the project.
      (3) Payment of principal and interest by Secretary
        With respect to any obligation guaranteed under this section,
      the Secretary may enter into a contract to pay, and pay, holders
      of the obligation, for and on behalf of the borrower, from funds
      appropriated for that purpose, the principal and interest
      payments which become due and payable on the unpaid balance of
      the obligation if the Secretary finds that - 
          (A)(i) the borrower is unable to meet the payments and is not
        in default;
          (ii) it is in the public interest to permit the borrower to
        continue to pursue the purposes of the project; and
          (iii) the probable net benefit to the Federal Government in
        paying the principal and interest will be greater than that
        which would result in the event of a default;
          (B) the amount of the payment that the Secretary is
        authorized to pay shall be no greater than the amount of
        principal and interest that the borrower is obligated to pay
        under the agreement being guaranteed; and
          (C) the borrower agrees to reimburse the Secretary for the
        payment (including interest) on terms and conditions that are
        satisfactory to the Secretary.
      (4) Action by Attorney General
        (A) Notification
          If the borrower defaults on an obligation, the Secretary
        shall notify the Attorney General of the default.
        (B) Recovery
          On notification, the Attorney General shall take such action
        as is appropriate to recover the unpaid principal and interest
        due from - 
            (i) such assets of the defaulting borrower as are
          associated with the obligation; or
            (ii) any other security pledged to secure the obligation.
    (h) Fees
      (1) In general
        The Secretary shall charge and collect fees for guarantees in
      amounts the Secretary determines are sufficient to cover
      applicable administrative expenses.
      (2) Availability
        Fees collected under this subsection shall - 
          (A) be deposited by the Secretary into the Treasury; and
          (B) remain available until expended, subject to such other
        conditions as are contained in annual appropriations Acts.
    (i) Records; audits
      (1) In general
        A recipient of a guarantee shall keep such records and other
      pertinent documents as the Secretary shall prescribe by
      regulation, including such records as the Secretary may require
      to facilitate an effective audit.
      (2) Access
        The Secretary and the Comptroller General of the United States,
      or their duly authorized representatives, shall have access, for
      the purpose of audit, to the records and other pertinent
      documents.
    (j) Full faith and credit
      The full faith and credit of the United States is pledged to the
    payment of all guarantees issued under this section with respect to
    principal and interest.

-SOURCE-
    (Pub. L. 109-58, title XVII, Sec. 1702, Aug. 8, 2005, 119 Stat.
    1117.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Division C of Public Law 108-324, referred to in subsec. (a), is
    division C of Pub. L. 108-324, Oct. 13, 2004, 118 Stat. 1255, as
    amended, known as the Alaska Natural Gas Pipeline Act, which is
    classified principally to chapter 15D (Sec. 720 et seq.) of Title
    15, Commerce and Trade. For complete classification of division C
    to the Code, see Short Title note set out under section 720 of
    Title 15 and Tables.

-End-



-CITE-
    42 USC Sec. 16513                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES

-HEAD-
    Sec. 16513. Eligible projects

-STATUTE-
    (a) In general
      The Secretary may make guarantees under this section only for
    projects that - 
        (1) avoid, reduce, or sequester air pollutants or anthropogenic
      emissions of greenhouse gases; and
        (2) employ new or significantly improved technologies as
      compared to commercial technologies in service in the United
      States at the time the guarantee is issued.
    (b) Categories
      Projects from the following categories shall be eligible for a
    guarantee under this section:
        (1) Renewable energy systems.
        (2) Advanced fossil energy technology (including coal
      gasification meeting the criteria in subsection (d)).
        (3) Hydrogen fuel cell technology for residential, industrial,
      or transportation applications.
        (4) Advanced nuclear energy facilities.
        (5) Carbon capture and sequestration practices and
      technologies, including agricultural and forestry practices that
      store and sequester carbon.
        (6) Efficient electrical generation, transmission, and
      distribution technologies.
        (7) Efficient end-use energy technologies.
        (8) Production facilities for fuel efficient vehicles,
      including hybrid and advanced diesel vehicles.
        (9) Pollution control equipment.
        (10) Refineries, meaning facilities at which crude oil is
      refined into gasoline.
    (c) Gasification projects
      The Secretary may make guarantees for the following gasification
    projects:
      (1) Integrated gasification combined cycle projects
        Integrated gasification combined cycle plants meeting the
      emission levels under subsection (d), including - 
          (A) projects for the generation of electricity - 
            (i) for which, during the term of the guarantee - 
              (I) coal, biomass, petroleum coke, or a combination of
            coal, biomass, and petroleum coke will account for at least
            65 percent of annual heat input; and
              (II) electricity will account for at least 65 percent of
            net useful annual energy output;

            (ii) that have a design that is determined by the Secretary
          to be capable of accommodating the equipment likely to be
          necessary to capture the carbon dioxide that would otherwise
          be emitted in flue gas from the plant;
            (iii) that have an assured revenue stream that covers
          project capital and operating costs (including servicing all
          debt obligations covered by the guarantee) that is approved
          by the Secretary and the relevant State public utility
          commission; and
            (iv) on which construction commences not later than the
          date that is 3 years after the date of the issuance of the
          guarantee;

          (B) a project to produce energy from coal (of not more than
        13,000 Btu/lb and mined in the western United States) using
        appropriate advanced integrated gasification combined cycle
        technology that minimizes and offers the potential to sequester
        carbon dioxide emissions and that - 
            (i) may include repowering of existing facilities;
            (ii) may be built in stages;
            (iii) shall have a combined output of at least 100
          megawatts;
            (iv) shall be located in a western State at an altitude
          greater than 4,000 feet; and
            (v) shall demonstrate the ability to use coal with an
          energy content of not more than 9,000 Btu/lb;

          (C) a project located in a taconite-producing region of the
        United States that is entitled under the law of the State in
        which the plant is located to enter into a long-term contract
        approved by a State public utility commission to sell at least
        450 megawatts of output to a utility;
          (D) facilities that - 
            (i) generate one or more hydrogen-rich and carbon monoxide-
          rich product streams from the gasification of coal or coal
          waste; and
            (ii) use those streams to facilitate the production of
          ultra clean premium fuels through the Fischer-Tropsch
          process; and

          (E) a project to produce energy and clean fuels, using
        appropriate coal liquefaction technology, from Western
        bituminous or subbituminous coal, that - 
            (i) is owned by a State government; and
            (ii) may include tribal and private coal resources.
      (2) Industrial gasification projects
        Facilities that gasify coal, biomass, or petroleum coke in any
      combination to produce synthesis gas for use as a fuel or
      feedstock and for which electricity accounts for less than 65
      percent of the useful energy output of the facility.
      (3) Petroleum coke gasification projects
        The Secretary is encouraged to make loan guarantees under this
      subchapter available for petroleum coke gasification projects.
      (4) Liquefaction project
        Notwithstanding any other provision of law, funds awarded under
      the Department of Energy's Clean Coal Power Initiative for
      Fischer-Tropsch coal-to-oil liquefaction projects may be used to
      finance the cost of loan guarantees for projects awarded such
      funds.
    (d) Emission levels
      In addition to any other applicable Federal or State emission
    limitation requirements, a project shall attain at least - 
        (1) total sulfur dioxide emissions in flue gas from the project
      that do not exceed 0.05 lb/MMBtu;
        (2) a 90-percent removal rate (including any fuel pretreatment)
      of mercury from the coal-derived gas, and any other fuel,
      combusted by the project;
        (3) total nitrogen oxide emissions in the flue gas from the
      project that do not exceed 0.08 lb/MMBtu; and
        (4) total particulate emissions in the flue gas from the
      project that do not exceed 0.01 lb/MMBtu.
    (e) Qualification of facilities receiving tax credits
      A project that receives tax credits for clean coal technology
    shall not be disqualified from receiving a guarantee under this
    subchapter.

-SOURCE-
    (Pub. L. 109-58, title XVII, Sec. 1703, Aug. 8, 2005, 119 Stat.
    1120; Pub. L. 109-168, Sec. 1(b)(1), Jan. 10, 2006, 119 Stat.
    3580.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(4). Pub. L. 109-168 substituted "Department of
    Energy's Clean Coal Power Initiative for Fischer-Tropsch" for
    "clean coal power initiative under part A of subchapter IV for".

-End-



-CITE-
    42 USC Sec. 16514                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES

-HEAD-
    Sec. 16514. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated such sums as are
    necessary to provide the cost of guarantees under this subchapter.
    (b) Use of other appropriated funds
      The Department may use amounts awarded under the Clean Coal Power
    Initiative to carry out the project described in section
    16513(c)(1)(C) of this title, on the request of the recipient of
    such award, for a loan guarantee, to the extent that the amounts
    have not yet been disbursed to, or have been repaid by, the
    recipient.

-SOURCE-
    (Pub. L. 109-58, title XVII, Sec. 1704, Aug. 8, 2005, 119 Stat.
    1122; Pub. L. 109-168, Sec. 1(b)(2), Jan. 10, 2006, 119 Stat.
    3580.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-168 substituted "Clean Coal Power
    Initiative" for "clean coal power initiative under part A of
    subchapter IV".

-End-


-CITE-
    42 USC SUBCHAPTER XVI - STUDIES                             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES
    SUBCHAPTER XVI - STUDIES

-HEAD-
                         SUBCHAPTER XVI - STUDIES                     

-End-



-CITE-
    42 USC Sec. 16521                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES
    SUBCHAPTER XVI - STUDIES

-HEAD-
    Sec. 16521. Report on energy integration with Latin America

-STATUTE-
      The Secretary shall submit an annual report to the Committee on
    Energy and Commerce of the United States House of Representatives
    and to the Committee on Energy and Natural Resources of the Senate
    concerning the status of energy export development in Latin America
    and efforts by the Secretary and other departments and agencies of
    the United States to promote energy integration with Latin America.
    The report shall contain a detailed analysis of the status of
    energy export development in Mexico and a description of all
    significant efforts by the Secretary and other departments and
    agencies to promote a constructive relationship with Mexico
    regarding the development of that nation's energy capacity. In
    particular this report shall outline efforts the Secretary and
    other departments and agencies have made to ensure that regulatory
    approval and oversight of United States/Mexico border projects that
    result in the expansion of Mexican energy capacity are effectively
    coordinated across departments and with the Mexican government.

-SOURCE-
    (Pub. L. 109-58, title XVIII, Sec. 1807, Aug. 8, 2005, 119 Stat.
    1124.)

-End-



-CITE-
    42 USC Sec. 16522                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES
    SUBCHAPTER XVI - STUDIES

-HEAD-
    Sec. 16522. Low-volume gas reservoir study

-STATUTE-
    (a) Study
      The Secretary shall make a grant to an organization of oil and
    gas producing States, specifically those containing significant
    numbers of marginal oil and natural gas wells, for conducting an
    annual study of low-volume natural gas reservoirs. Such
    organization shall work with the State geologist of each State
    being studied.
    (b) Contents
      The studies under this section shall - 
        (1) determine the status and location of marginal wells and gas
      reservoirs;
        (2) gather the production information of these marginal wells
      and reservoirs;
        (3) estimate the remaining producible reserves based on
      variable pipeline pressures;
        (4) locate low-pressure gathering facilities and pipelines;
        (5) recommend incentives which will enable the continued
      production of these resources;
        (6) produce maps and literature to disseminate to States to
      promote conservation of natural gas reserves; and
        (7) evaluate the amount of natural gas that is being wasted
      through the practice of venting or flaring of natural gas
      produced in association with crude oil well production.
    (c) Data analysis
      Data development and analysis under this section shall be
    performed by an institution of higher education with GIS
    capabilities. If the organization receiving the grant under
    subsection (a) does not have GIS capabilities, such organization
    shall contract with one or more entities with - 
        (1) technological capabilities and resources to perform
      advanced image processing, GIS programming, and data analysis;
      and
        (2) the ability to - 
          (A) process remotely sensed imagery with high spatial
        resolution;
          (B) deploy global positioning systems;
          (C) process and synthesize existing, variable-format gas
        well, pipeline, gathering facility, and reservoir data;
          (D) create and query GIS databases with infrastructure
        location and attribute information;
          (E) write computer programs to customize relevant GIS
        software;
          (F) generate maps, charts, and graphs which summarize
        findings from data research for presentation to different
        audiences; and
          (G) deliver data in a variety of formats, including Internet
        Map Server for query and display, desktop computer display, and
        access through handheld personal digital assistants.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section - 
        (1) $1,500,000 for fiscal year 2006; and
        (2) $450,000 for each of the fiscal years 2007 through 2010.
    (e) Definitions
      For purposes of this section, the term "GIS" means geographic
    information systems technology that facilitates the organization
    and management of data with a geographic component.

-SOURCE-
    (Pub. L. 109-58, title XVIII, Sec. 1808, Aug. 8, 2005, 119 Stat.
    1124.)

-End-



-CITE-
    42 USC Sec. 16523                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES
    SUBCHAPTER XVI - STUDIES

-HEAD-
    Sec. 16523. Alaska natural gas pipeline

-STATUTE-
      Not later than 180 days after August 8, 2005, and every 180 days
    thereafter until the Alaska natural gas pipeline commences
    operation, the Federal Energy Regulatory Commission shall submit to
    Congress a report describing - 
        (1) the progress made in licensing and constructing the
      pipeline; and
        (2) any issue impeding that progress.

-SOURCE-
    (Pub. L. 109-58, title XVIII, Sec. 1810, Aug. 8, 2005, 119 Stat.
    1126.)

-End-



-CITE-
    42 USC Sec. 16524                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    SUBCHAPTER XV - INCENTIVES FOR INNOVATIVE TECHNOLOGIES
    SUBCHAPTER XVI - STUDIES

-HEAD-
    Sec. 16524. Study on the benefits of economic dispatch

-STATUTE-
    (a) Study
      The Secretary, in coordination and consultation with the States,
    shall conduct a study on - 
        (1) the procedures currently used by electric utilities to
      perform economic dispatch;
        (2) identifying possible revisions to those procedures to
      improve the ability of nonutility generation resources to offer
      their output for sale for the purpose of inclusion in economic
      dispatch; and
        (3) the potential benefits to residential, commercial, and
      industrial electricity consumers nationally and in each state
      (!1) if economic dispatch procedures were revised to improve the
      ability of nonutility generation resources to offer their output
      for inclusion in economic dispatch.

    (b) Definition
      The term "economic dispatch" when used in this section means the
    operation of generation facilities to produce energy at the lowest
    cost to reliably serve consumers, recognizing any operational
    limits of generation and transmission facilities.
    (c) Report to Congress and the States
      Not later than 90 days after August 8, 2005, and on a yearly
    basis following, the Secretary shall submit a report to Congress
    and the States on the results of the study conducted under
    subsection (a), including recommendations to Congress and the
    States for any suggested legislative or regulatory changes.

-SOURCE-
    (Pub. L. 109-58, title XVIII, Sec. 1832, Aug. 8, 2005, 119 Stat.
    1138.)

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-