42 U.S.C. § 5903d: Clean coal technology…

Summary

Within 60 days after December 19, 1985, the Secretary of Energy must issue a general request for proposals for clean coal technology projects. Proposals must be sent to the Department of Energy within 60 days after that request. The Secretary must pick projects by August 1, 1986. The Secretary may transfer ownership or other property rights from cost-shared agreements to any entity, including the United States. The Government may not pay more than 50% of a project's total cost as estimated when the award is made. Project sponsors must share costs in the design, construction, and operating phases. If costs go over the original estimate, the Government can only cover the same share it had before and only up to 25% of the original assistance. Future revenues, sale proceeds, royalties from copying the technology, other federal funds, and existing equipment or prior research spending may not count as sponsor cost-sharing unless they are treated by normal business amortization, depreciation, or expense rules.

Title 42, §5903d

The Public Health and Welfare, Source: USLM XML via OLRC

Within 60 days following December 19, 1985, the Secretary of Energy shall, pursuant to the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901, et seq.), issue a general request for proposals for clean coal technology projects for which the Secretary of Energy upon review may provide financial assistance awards. Proposals for clean coal technology projects under this section shall be submitted to the Department of Energy within 60 days after issuance of the general request for proposals. The Secretary of Energy shall make any project selections no later than August 1, 1986: Provided, That the Secretary may vest fee title or other property interests acquired under cost-shared clean coal technology agreements in any entity, including the United States: Provided further, That the Secretary shall not finance more than 50 per centum of the total costs of a project as estimated by the Secretary as of the date of award of financial assistance: Provided further, That cost-sharing by project sponsors is required in each of the design, construction, and operating phases proposed to be included in a project: Provided further, That financial assistance for costs in excess of those estimated as of the date of award of original financial assistance may not be provided in excess of the proportion of costs borne by the Government in the original agreement and only up to 25 per centum of the original financial assistance: Provided further, That revenues or royalties from prospective operation of projects beyond the time considered in the award of financial assistance, or proceeds from prospective sale of the assets of the project, or revenues or royalties from replication of technology in future projects or plants are not cost-sharing for the purposes of this appropriation: Provided further, That other appropriated Federal funds are not cost-sharing for the purposes of this appropriation: Provided further, That existing facilities, equipment, and supplies, or previously expended research or development funds are not cost-sharing for the purposes of this appropriation, except as amortized, depreciated, or expensed in normal business practice.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Nonnuclear Energy Research and Development Act of 1974, referred to in text, is Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to this chapter (§ 5901 et seq.). For complete classification of this Act to the Code, see

Short Title

note set out under section 5901 of this title and Tables. Codification Section was not enacted as part of the Federal Nonnuclear Energy Research and Development Act of 1974 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Provisions Relating to Projects Using Clean Coal TechnologiesProvisions relating to projects using clean coal technologies were contained in the following appropriations acts: Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1019; Pub. L. 103–211, title II, Feb. 12, 1994, 108 Stat. 18. Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat. 1944; Pub. L. 103–211, title II, Feb. 12, 1994, 108 Stat. 18. Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 728. Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1811. Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 Stat. 1329–213, 1329–240. Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–272, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–272.

§5903d Clean Coal Technology Projects; Proposals, Implementation, Funding, Etc.