Page:United States Statutes at Large Volume 94 Part 1.djvu/737

 PUBLIC LAW 96-294—JUNE 30, 1980

94 STAT. 687

shall jointly prepare, and transmit to the President and the Congress, a plan for maximizing in accordance with this subtitle biomass energy production and use. Such plan shall be designed to achieve a total level of alcohol production and use within the United States of at least 60,000 barrels per day of alcohol by December 31, 1982. (b)(1) Not later than January 1, 1982, the Secretary of Agriculture Transmittal to and the Secretary of Energy shall jointly prepare, and transmit to the President and President and the Congress, a comprehensive plan for maximizing in Congress. accordance with this subtitle biomass energy production and use, for the period beginning January 1, 1983, and ending December 31, 1990. Such plan shall be designed to achieve a level of alcohol production within the United States equal to at least 10 percent of the level of gasoline consumption within the United States as estimated by the Secretary of Energy for the calendar year 1990. (2) The plan prepared under this subsection shall evaluate the Evaluation. feasibility of reaching the goals set forth in such subsection. (c) The plans prepared under subsections (a) and (b) shall each Guidelines for include guidelines for use in awarding financial assistance under this financial subtitle which are designed to increase, during the period covered by assistance. the plan, the amount of motor fuel displaced by biomass energy. PROGRAM RESPONSIBILITY AND ADMINISTRATION; EFFECT ON OTHER PROGRAMS

SEC. 212. (a)(1) Except as provided in paragraph (2), in the case of 42 USC 8812. any financial assistance under this subtitle for a biomass energy project, the Secretary concerned shall be— (A) the Secretary of Agriculture, in the case of any biomass energy project which will have an anticipated annual production capacity of less than 15,000,000 gallons of ethanol (or the energy equivalent of other forms of biomass energy) and which will use feedstocks other than aquatic plants; and (B) the Secretary of Energy, in the case of any biomass energy project which will use aquatic plants as feedstocks or which will have an anticipated annual production capacity of 15,000,000 gallons or more of ethanol (or the energy equivalent of other forms of biomass energy). (2)(A) Either the Secretary of Agriculture or the Secretary of Energy may be the Secretary concerned in the case of any biomass energy project which will have an anticipated annual production capacity of 15,000,000 gallons or more of ethanol (or the energy equivalent of other forms of biomass energy) and— (i) which will use wood or wood wastes or residue, or (ii) which is owned and operated by a cooperative and will use feedstocks other than aquatic plants. (B) Financial assistance may not be provided by either Secretary under subparagraph (A) without the written concurrence of the other Secretary. Such concurrence shall be granted or denied by such Secretary in accordance with subparagraph (C) and on the same standards as that Secretary applies in making his own awards of financial assistance under this paragraph. (C)(i) In the case of a project described in subparagraph (A), the Review of Secretary concerned shall provide the other Secretary a copy of the project. application and such supporting information as may be material, and shall provide the other Secretary at least 15 days to review the project. If during such 15-day period the reviewing Secretary provides written notification to the Secretary concerned specifying reasons

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