Page:United States Statutes at Large Volume 94 Part 1.djvu/743

 PUBLIC LAW 96-294—JUNE 30, 1980

94 STAT. 693

shall be charged (in accordance with otherwise applicable law), from sums appropriated to such Federal agency, for the prevailing market price as of the date of delivery, as determined by the Secretary of Energy, for the product which the biomass energy is replacing. (e) The Secretary concerned shall consult with the Secretary of Consultation. Defense and the Administrator of the General Services Administration in carrying out this section. (f) Each purchase agreement, and commitment to enter into a Terms and purchase agreement, under this section shall provide that the Secre- conditions. tary concerned retains the right to refuse delivery of the biomass energy involved upon such terms and conditions as shall be specified in the purchase agreement. (g) Each purchase agreement, or commitment to enter into a purchase agreement, which is made under this section shall specify the maximum dollar amount of liability of the United States under that agreement. (h) If the Secretary concerned determines, in the discretion of the Secretary, that— (1) a biomass energy project would not otherwise be satisfactorily completed or continued, and (2) completion or continuation of such project would be necessary to achieve the purposes of this title, the sales price set forth in the purchase agreement, and maximum liability under such agreement, may be renegotiated. GENERAL REQUIREMENTS REGARDING FINANCIAL ASSISTANCE

SEC. 217. (a)(1) Priority for financial assistance under this subtitle, 42 USC 8817. and the most favorable financial terms available, shall be provided to a person for any biomass energy project that— (A) uses a primary fuel other than petroleum or natural gas in the production of biomass fuel, such as geothermal energy resources, solar energy resources, or wgiste heat; or (B) applies new technologies which expand the possible feedstocks, produces new forms of biomass energy, or produces biomass fuel using improved or new technologies. Nothing in this paragraph shall be construed to exclude financial assistance for any project which does not use such a fuel or apply such a technology. (2)(A) Financial assistance under this subtitle shall be available for a biomass energy project only if the Secretary concerned finds that the Btu content of the motor fuels to be used in the facility involved to produce the biomass fuel will not exceed the Btu content of the biomass fuel produced in the facility. (B) In making the determination under subparagraph (A), the Secretary concerned shall take into account any displacement of motor fuel or other petroleum products which the applicant has demonstrated to the satisfaction of the Secretary would result from the use of the biomass fuel produced in the facility involved. (3) No financial assistance may be provided under this subtitle to any person for any biomass energy project if the Secretary concerned finds that the process to be used by the project will not extract the protein content of the feedstock for utilization as food or feed for readily available markets in any case in which to do so would be technically and economically practicable. (4) Financial assistance may not be provided under this subtitle to any person unless the Secretary concerned—

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