dreamproit/uscode huggingface dataset:
42 U.S.C. § 15942 (THE PUBLIC HEALTH AND WELFARE)
§ 15942. NEPA review
(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.
(Pub. L. 109–58, title III, § 390, Aug. 8, 2005, 119 Stat. 747.)
heading: Editorial Notes
heading: References in Text
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 (§ 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 (§ 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.
42 U.S.C. § 15951 (THE PUBLIC HEALTH AND WELFARE)
§ 15951. Findings and definitions
(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.
(Pub. L. 109–58, title III, § 391, Aug. 8, 2005, 119 Stat. 748.)
heading: Editorial Notes
heading: References in Text
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 (§ 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.
42 U.S.C. § 15965 (THE PUBLIC HEALTH AND WELFARE)
§ 15965. Time limit for award; extension
If a Clean Coal Power Initiative project selected after March 11, 2009, for negotiation under this or any other Act in any fiscal year, is not awarded within 2 years from the date the application was selected, negotiations shall cease and the Federal funds committed to the application shall be retained by the Department for future coal-related research, development and demonstration projects, except that the time limit may be extended at the Secretary’s discretion for matters outside the control of the applicant, or if the Secretary determines that extension of the time limit is in the public interest.
(Pub. L. 111–8, div. C, title III, Mar. 11, 2009, 123 Stat. 616.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Energy Policy Act of 2005 which comprises this chapter.
42 U.S.C. § 15973 (THE PUBLIC HEALTH AND WELFARE)
§ 15973. Western integrated coal gasification demonstration project
(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, the demonstration project shall not be eligible for Federal loan guarantees.
(Pub. L. 109–58, title IV, § 413, Aug. 8, 2005, 119 Stat. 755.)
heading: Editorial Notes
heading: References in Text
text: Subchapter XIII, 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.
42 U.S.C. § 15991 (THE PUBLIC HEALTH AND WELFARE)
§ 15991. Inventory requirement
(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.
(Pub. L. 109–58, title IV, § 437, Aug. 8, 2005, 119 Stat. 762.)
heading: Editorial Notes
heading: References in Text
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.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
heading: Short Title
text: 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.
42 U.S.C. § 16001 (THE PUBLIC HEALTH AND WELFARE)
§ 16001. Energy efficiency in federally assisted housing
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.
(Pub. L. 109–58, title V, § 506(a), Aug. 8, 2005, 119 Stat. 779.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: 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.
42 U.S.C. § 16012 (THE PUBLIC HEALTH AND WELFARE)
§ 16012. Prohibition on assumption by United States Government of liability for certain foreign incidents
(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 4605(j)(1) 1 of title 50, 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.
(Pub. L. 109–58, title VI, § 635, Aug. 8, 2005, 119 Stat. 790.)
heading: Editorial Notes
heading: References in Text
text: Section 4605(j)(1) of title 50, referred to in subsec. (a), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
42 U.S.C. § 16013 (THE PUBLIC HEALTH AND WELFARE)
§ 16013. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subtitle and the amendments made by this subtitle.
(Pub. L. 109–58, title VI, § 636, Aug. 8, 2005, 119 Stat. 791.)
heading: Editorial Notes
heading: References in Text
text: This subtitle, referred to in text, is subtitle B (§§ 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.
42 U.S.C. § 16021 (THE PUBLIC HEALTH AND WELFARE)
§ 16021. Project establishment
(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(c) 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.
(Pub. L. 109–58, title VI, § 641, Aug. 8, 2005, 119 Stat. 794; Pub. L. 115–248, § 2(b)(2), Sept. 28, 2018, 132 Stat. 3155.)
heading: Editorial Notes
heading: References in Text
text: Section 16272 of this title, referred to in subsec. (b)(1), was amended generally by Pub. L. 116–260, div. Z, title II, § 2003(a), Dec. 27, 2020, 134 Stat. 2459 and, as amended, section 16272(c) of this title no longer refers to the Generation IV Nuclear Energy Systems Initiative.
heading: Amendments
text: 2018—Pub. L. 115–248 substituted “section 16272(c)” for “section 16272(d)”, which had been an editorial translation of a reference in original text to section 942(d) of Pub. L. 109–58.
42 U.S.C. § 16062 (THE PUBLIC HEALTH AND WELFARE)
§ 16062. Domestic manufacturing conversion grant program
(a) Program
(1) In general
The Secretary shall establish a program to encourage domestic production and sales of efficient hybrid and advanced diesel vehicles and components of those vehicles.
(2) Inclusions
The program shall include grants and loan guarantees under section 16513 of this title to automobile manufacturers and suppliers and hybrid component manufacturers to encourage domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, and advanced diesel vehicles.
(3) Priority
Priority shall be given to the refurbishment or retooling of manufacturing facilities that have recently ceased operation or will cease operation in the near future.
(b) Coordination with State and local programs
The Secretary may coordinate implementation of this section with State and local programs designed to accomplish similar goals, including the retention and retraining of skilled workers from the manufacturing facilities, including by establishing matching grant arrangements.
(c) Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.
(Pub. L. 109–58, title VII, § 712, Aug. 8, 2005, 119 Stat. 818; Pub. L. 110–140, title I, §§ 132, 134(a), Dec. 19, 2007, 121 Stat. 1511, 1513.)
heading: Editorial Notes
heading: Amendments
text: 2007—Pub. L. 110–140, § 132, amended section generally. Prior to amendment, section related to program to encourage domestic production and sales of efficient hybrid and advanced diesel vehicles and authorization of appropriations.
Subsec. (a)(2). Pub. L. 110–140, § 134(a), inserted “and loan guarantees under section 16513 of this title” after “grants”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2007 Amendment
text: Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
42 U.S.C. § 16134 (THE PUBLIC HEALTH AND WELFARE)
§ 16134. Evaluation and report
(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, rebate, or loan made under this part, including the amount of the grant, rebate, or loan;
(3) each project for which a grant, rebate, or loan is provided under this part, including the criteria used to select the grant, rebate, or loan recipients;
(4) the actual and estimated air quality and diesel fuel conservation benefits, cost-effectiveness, and cost-benefits of the grant, rebate, and loan programs under this part;
(5) the problems encountered by projects for which a grant, rebate, or loan is provided under this part;
(6) any other information the Administrator considers to be appropriate; and
(7) in the last report sent to Congress before January 1, 2016, an analysis of the need to continue the program, including an assessment of the size of the vehicle and engine fleet that could provide benefits from being retrofit under this program and a description of the number and types of applications that were not granted in the preceding year.
(Pub. L. 109–58, title VII, § 794, Aug. 8, 2005, 119 Stat. 843; Pub. L. 111–364, § 2(d), Jan. 4, 2011, 124 Stat. 4060.)
heading: Editorial Notes
heading: Amendments
text: 2011—Subsec. (b)(2) to (5). Pub. L. 111–364, § 2(d)(1), inserted “, rebate,” after “grant” wherever appearing.
Subsec. (b)(7). Pub. L. 111–364, § 2(d)(2)–(4), added par. (7).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2011 Amendment
text: Amendment by Pub. L. 111–364 effective Oct. 1, 2011, except as otherwise provided, see section 4 of Pub. L. 111–364, set out as a note under section 16131 of this title.
42 U.S.C. § 16136 (THE PUBLIC HEALTH AND WELFARE)
§ 16136. Effect of part
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.
(Pub. L. 109–58, title VII, § 796, Aug. 8, 2005, 119 Stat. 844.)
heading: Editorial Notes
heading: References in Text
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 (§ 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.
42 U.S.C. § 16137 (THE PUBLIC HEALTH AND WELFARE)
§ 16137. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out this part $100,000,000 for each of fiscal years 2012 through 2024, to remain available until expended.
(b) Management and oversight
The Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight purposes.
(Pub. L. 109–58, title VII, § 797, Aug. 8, 2005, 119 Stat. 844; Pub. L. 111–364, § 2(e), Jan. 4, 2011, 124 Stat. 4060; Pub. L. 116–260, div. S, § 101, Dec. 27, 2020, 134 Stat. 2243.)
heading: Editorial Notes
heading: Amendments
text: 2020—Subsec. (a). Pub. L. 116–260 substituted “2024” for “2016”.
2011—Pub. L. 111–364 amended section generally. Prior to amendment, text read as follows: “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.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2011 Amendment
text: Amendment by Pub. L. 111–364 effective Oct. 1, 2011, except as otherwise provided, see section 4 of Pub. L. 111–364, set out as a note under section 16131 of this title.
42 U.S.C. § 16138 (THE PUBLIC HEALTH AND WELFARE)
§ 16138. EPA authority to accept diesel emissions reduction Supplemental Environmental Projects
The Administrator of the Environmental Protection Agency (hereinafter, the “Agency”) may accept (notwithstanding sections 3302 and 1301 of title 31) diesel emissions reduction Supplemental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law—
(1) protect human health or the environment;
(2) are related to the underlying alleged violations;
(3) do not constitute activities that the defendant would otherwise be legally required to perform; and
(4) do not provide funds for the staff of the Agency or for contractors to carry out the Agency’s internal operations.
(Pub. L. 110–255, § 1, June 30, 2008, 122 Stat. 2423.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.
42 U.S.C. § 16139 (THE PUBLIC HEALTH AND WELFARE)
§ 16139. Settlement agreement provisions
In any settlement agreement regarding alleged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protection Agency shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a diesel emissions reduction Supplemental Environmental Project if the Administrator were precluded by law from accepting a diesel emission reduction Supplemental Environmental Project. A failure by the Administrator to include this language in such a settlement agreement shall not create a cause of action against the United States under the Clean Air Act [42 U.S.C. 7401 et seq.] or any other law or create a basis for overturning a settlement agreement entered into by the United States.
(Pub. L. 110–255, § 2, June 30, 2008, 122 Stat. 2423.)
heading: Editorial Notes
heading: References in Text
text: The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 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.
heading: Codification
text: Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.