dreamproit/uscode huggingface dataset:
42 U.S.C. § 15834 (THE PUBLIC HEALTH AND WELFARE)
§ 15834. Report on failure to comply with deadlines for new or revised energy conservation standards
(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.
(Pub. L. 109–58, title I, § 141, Aug. 8, 2005, 119 Stat. 648.)
heading: Editorial Notes
heading: References in Text
text: The Energy Policy and Conservation Act, referred to in subsec. (a), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 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.
42 U.S.C. § 15871 (THE PUBLIC HEALTH AND WELFARE)
§ 15871. Coordination of geothermal leasing and permitting on Federal lands
(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.
(Pub. L. 109–58, title II, § 225, Aug. 8, 2005, 119 Stat. 665.)
heading: Editorial Notes
heading: References in Text
text: The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which is classified principally to chapter 23 (§ 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, 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.
42 U.S.C. § 15873 (THE PUBLIC HEALTH AND WELFARE)
§ 15873. Deposit and use of geothermal lease revenues for 5 fiscal years
(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.
(Pub. L. 109–58, title II, § 234, Aug. 8, 2005, 119 Stat. 671.)
heading: Editorial Notes
heading: References in Text
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, which is classified principally to chapter 23 (§ 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, 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.
42 U.S.C. § 15882 (THE PUBLIC HEALTH AND WELFARE)
§ 15882. Hydroelectric efficiency improvement incentives
(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 30 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 $5,000,000 may be made with respect to improvements at a single facility in any 1 fiscal year.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2022 to remain available until expended.
(Pub. L. 109–58, title II, § 243, Aug. 8, 2005, 119 Stat. 678; Pub. L. 116–260, div. Z, title III, § 3005(b), Dec. 27, 2020, 134 Stat. 2511; Pub. L. 117–58, div. D, title III, § 40332(a), Nov. 15, 2021, 135 Stat. 1023.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 117–58, § 40332(a)(1), inserted “incentives” after “improvement” in section catchline.
Subsec. (b). Pub. L. 117–58, § 40332(a)(2), substituted “30 percent” for “10 percent” and “$5,000,000” for “$750,000” and inserted “in any 1 fiscal year” before period.
Subsec. (c). Pub. L. 117–58, § 40332(a)(3), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section not more than $10,000,000 for each of fiscal years 2021 through 2036.”
2020—Subsec. (c). Pub. L. 116–260 substituted “each of fiscal years 2021 through 2036” for “each of the fiscal years 2006 through 2015”.
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
42 U.S.C. § 15905 (THE PUBLIC HEALTH AND WELFARE)
§ 15905. Royalty relief for deep water production
(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.
(Pub. L. 109–58, title III, § 345, Aug. 8, 2005, 119 Stat. 703.)
heading: Editorial Notes
heading: References in Text
text: The Outer Continental Shelf Lands Act, referred to in subsec. (a), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 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 1301 of Title 43 and Tables.
42 U.S.C. § 15925 (THE PUBLIC HEALTH AND WELFARE)
§ 15925. Fair market value determinations for linear rights-of-way across public lands and national forests
(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).
(Pub. L. 109–58, title III, § 367, Aug. 8, 2005, 119 Stat. 726.)
heading: Editorial Notes
heading: References in Text
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. Title V of the Act is classified generally to subchapter V (§ 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.
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, 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, 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, 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. § 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, 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. § 16151 (THE PUBLIC HEALTH AND WELFARE)
§ 16151. Purposes
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.
(Pub. L. 109–58, title VIII, § 802, Aug. 8, 2005, 119 Stat. 844.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: 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.
heading: Findings; Purpose
text: Pub. L. 117–58, div. D, title III, § 40311, Nov. 15, 2021, 135 Stat. 1005, provided that:
“(a) Findings.—
Congress finds that—
“(1) hydrogen plays a critical part in the comprehensive energy portfolio of the United States;
“(2) the use of the hydrogen resources of the United States—
“(A) promotes energy security and resilience; and
“(B) provides economic value and environmental benefits for diverse applications across multiple sectors of the economy; and
“(3) hydrogen can be produced from a variety of domestically available clean energy sources, including—
“(A) renewable energy resources, including biomass;
“(B) fossil fuels with carbon capture, utilization, and storage; and
“(C) nuclear power.
“(b) Purpose.—
The purpose of this subtitle [subtitle B (§§ 40311–40315) of title III of div. D of Pub. L. 117–58, see Tables for classification] is to accelerate research, development, demonstration, and deployment of hydrogen from clean energy sources by—
“(1) providing a statutory definition for the term ‘clean hydrogen’;
“(2) establishing a clean hydrogen strategy and roadmap for the United States;
“(3) establishing a clearing house for clean hydrogen program information at the National Energy Technology Laboratory;
“(4) developing a robust clean hydrogen supply chain and workforce by prioritizing clean hydrogen demonstration projects in major shale gas regions;
“(5) establishing regional clean hydrogen hubs; and
“(6) authorizing appropriations to carry out the Department of Energy Hydrogen Program Plan, dated November 2020, developed pursuant to title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.).”
[For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.]
42 U.S.C. § 16152 (THE PUBLIC HEALTH AND WELFARE)
§ 16152. Definitions
In this subchapter:
(1) Clean hydrogen; hydrogen
The terms “clean hydrogen” and “hydrogen” mean hydrogen produced in compliance with the greenhouse gas emissions standard established under section 16166(a) of this title, including production from any fuel source.
(2) 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.
(3) 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.
(4) Infrastructure
The term “infrastructure” means the equipment, systems, or facilities used to produce, distribute, deliver, or store hydrogen (except for onboard storage).
(5) Light-duty vehicle
The term “light-duty vehicle” means a motor vehicle that is rated at 8,500 or less pounds gross vehicle weight.
(6) Portable; storage
The terms “portable” and “storage”, when used in reference to a fuel cell, include—
(A) continuous electric power; and
(B) backup electric power.
(7) Task Force
The term “Task Force” means the Hydrogen and Fuel Cell Technical Task Force established under section 16155 of this title.
(8) Technical Advisory Committee
The term “Technical Advisory Committee” means the independent Technical Advisory Committee established under section 16156 of this title.
(Pub. L. 109–58, title VIII, § 803, Aug. 8, 2005, 119 Stat. 844; Pub. L. 117–58, div. D, title III, § 40312, Nov. 15, 2021, 135 Stat. 1006.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pars. (1) to (4). Pub. L. 117–58, § 40312(2), (3), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (5).
Par. (5). Pub. L. 117–58, § 40312(2), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Pub. L. 117–58, § 40312(1), substituted “Portable; storage” for “Stationary; portable” in heading and “The terms ‘portable’ and ‘storage’, when” for “The terms ‘stationary’ and ‘portable’, when” in introductory provisions.
Pars. (6) to (8). Pub. L. 117–58, § 40312(2), redesignated pars. (5) to (7) as (6) to (8), respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.