Page:United States Statutes at Large Volume 119.djvu/771

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 753

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 subtitle 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, United States Code) 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 111 of the Clean Air Act (42 U.S.C. 7411); (2) achievable for purposes of section 169 of that Act (42 U.S.C. 7479); or (3) achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501). SEC. 403. REPORT.

42 USC 15963.

Not later than 1 year after the date of enactment of this Act, 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 402 and how those milestones ensure progress toward meeting the requirements of subsections (b)(1)(B) and (b)(2) of section 402; and (2) the status of projects funded under this subtitle. SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE.

42 USC 15964.

(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.

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