§16371. Definitions — Inbound Citations

42 U.S.C. § 16371

Cited by 696 provisions in release 119-102.

Citations to §16371(1)

42 U.S.C. § 16298d(j)(3)(D)

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(D) To the maximum extent practicable, in carrying out the program under this subsection, the Secretary shall take into account and coordinate with activities of the carbon capture technology program established under section 16292(b)(1) of this title, the carbon storage validation and testing program established under section 16293(b)(1) of this title, and the CIFIA program established under section 16372(a) of this title such that funding from each of the programs is leveraged to contribute toward the development of integrated regional and interregional carbon capture, removal, transport, sequestration, and utilization networks.
42 U.S.C. § 16372(b)(1)

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(1) A project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if—

(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and

(B) the project meets the criteria described in this subsection.
42 U.S.C. § 16372(b)(2)(A)

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(A) Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B).
42 U.S.C. § 16372(b)(3)

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(3) To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
42 U.S.C. § 16372(b)(4)

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(4) A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000.
42 U.S.C. § 16372(b)(7)

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(7) The Secretary shall determine that financial assistance for each project under the CIFIA program will—

(A) attract public or private investment for the project; or

(B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project.
42 U.S.C. § 16372(b)(8)

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(8) To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program.
42 U.S.C. § 16372(e)(1)

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(1) Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States.
42 U.S.C. § 16372(g)

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(g) Any Federal credit instrument provided under the CIFIA program may be used to finance up to 100 percent of the cost of development-phase activities, as described in section 16371(4)(A) of this title.
42 U.S.C. § 16373(b)(8)

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(8) The total Federal assistance provided for a project under the CIFIA program, including any grant provided under section 16374 of this title, shall not exceed an amount equal to 80 percent of the eligible project costs.
42 U.S.C. § 16374(b)(1)

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(1) be eligible to receive credit assistance under the CIFIA program;
42 U.S.C. § 16375(a)

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(a) The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program.
42 U.S.C. § 16375(b)

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(b) If funding sufficient to cover the costs of services of expert firms retained pursuant to subsection (d) and all or a portion of the costs to the Federal Government of servicing the Federal credit instruments is not provided in an appropriations Act for a fiscal year, the Secretary, during that fiscal year, may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program at a level that is sufficient to cover those costs.
42 U.S.C. § 16375(e)

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(e) The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the CIFIA program.
42 U.S.C. § 16376

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The provision of credit assistance under the CIFIA program with respect to a project shall not—
42 U.S.C. § 16377

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The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program.
42 U.S.C. § 16378(a)(4)

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(4) Of the amounts made available to carry out the CIFIA program, the Secretary may use not more than $9,000,000 (as indexed for United States dollar inflation from November 15, 2021 (as measured by the Consumer Price Index)) each fiscal year for the administration of the CIFIA program.
42 U.S.C. § 16378(b)(1)

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(1) Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment.
42 U.S.C. § 16378(b)(2)

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(2) Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.

Citations to §16371(2)

42 U.S.C. § 15943(a)(2)(B)

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(B) The term “gathering line and associated field compression or pumping unit” includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility.
42 U.S.C. § 15943(a)(2)(C)

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(C) The term “gathering line and associated field compression or pumping unit” does not include a common carrier pipeline.
42 U.S.C. § 16372(c)(2)(A)

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(A) are large-capacity, common carrier infrastructure;
42 U.S.C. § 16374(b)(2)

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(2) carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and

Citations to §16371(4)

42 U.S.C. § 16372(b)(4)

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(4) A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000.
42 U.S.C. § 16373(a)(1)(A)(i)

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(i) to finance eligible project costs of any project selected under section 16372 of this title;
42 U.S.C. § 16373(a)(1)(A)(ii)

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(ii) to refinance interim construction financing of eligible project costs of any project selected under section 16372 of this title; or
42 U.S.C. § 16373(b)(2)

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(2) The amount of a secured loan under this section shall not exceed an amount equal to 80 percent of the reasonably anticipated eligible project costs.
42 U.S.C. § 16373(b)(8)

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(8) The total Federal assistance provided for a project under the CIFIA program, including any grant provided under section 16374 of this title, shall not exceed an amount equal to 80 percent of the eligible project costs.

Citations to §16371(4)(A)

42 U.S.C. § 16372(g)

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(g) Any Federal credit instrument provided under the CIFIA program may be used to finance up to 100 percent of the cost of development-phase activities, as described in section 16371(4)(A) of this title.

Citations to §16371(5)

42 U.S.C. § 16372(a)(1)

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(1) a Federal credit instrument under section 16373 of this title;
42 U.S.C. § 16372(a)(3)

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(3) both a Federal credit instrument and a grant.
42 U.S.C. § 16372(b)(1)

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(1) A project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if—

(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and

(B) the project meets the criteria described in this subsection.
42 U.S.C. § 16372(b)(2)(A)

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(A) Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B).
42 U.S.C. § 16372(b)(2)(B)

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(B) The Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of—

(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment);

(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements;

(iii) the projected financial strength of the obligor—

(I) at the time of loan close; and

(II) throughout the loan term, including after the project is completed;

(iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and

(v) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.
42 U.S.C. § 16372(b)(5)

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(5) The applicable Federal credit instrument shall be repayable, in whole or in part, from—

(A) user fees;

(B) payments owing to the obligor under a public-private partnership; or

(C) other revenue sources that also secure or fund the project obligations.
42 U.S.C. § 16372(b)(8)

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(8) To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program.
42 U.S.C. § 16372(c)(1)(A)

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(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and
42 U.S.C. § 16372(c)(3)(B)

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(B) If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect—

(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and

(II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or

(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument.
42 U.S.C. § 16372(c)(3)(B)(i)(I)

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(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and
42 U.S.C. § 16372(c)(3)(B)(i)(II)

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(II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or
42 U.S.C. § 16372(c)(3)(B)(ii)

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(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument.
42 U.S.C. § 16372(e)(1)

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(1) Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States.
42 U.S.C. § 16372(g)

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(g) Any Federal credit instrument provided under the CIFIA program may be used to finance up to 100 percent of the cost of development-phase activities, as described in section 16371(4)(A) of this title.
42 U.S.C. § 16373(a)(1)(A)(iii)

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(iii) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that—

(I) is selected under section 16372 of this title; or

(II) otherwise meets the requirements of that section; and
42 U.S.C. § 16373(b)(4)(B)(i)(II)

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(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan.
42 U.S.C. § 16373(b)(7)(A)

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(A) The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $3,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument.
42 U.S.C. § 16375(a)

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(a) The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program.
42 U.S.C. § 16375(b)

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(b) If funding sufficient to cover the costs of services of expert firms retained pursuant to subsection (d) and all or a portion of the costs to the Federal Government of servicing the Federal credit instruments is not provided in an appropriations Act for a fiscal year, the Secretary, during that fiscal year, may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program at a level that is sufficient to cover those costs.
42 U.S.C. § 16375(c)(1)

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(1) The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments.
42 U.S.C. § 16375(d)

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(d) The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments.
42 U.S.C. § 16378(a)(2)

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(2) Spending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis.
42 U.S.C. § 16378(a)(3)

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(3) If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 661c(f) of title 2.
42 U.S.C. § 16378(b)(1)

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(1) Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment.

Citations to §16371(6)

42 U.S.C. § 15972(c)(3)

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(3) The direct loan provided under subsection (b) shall bear interest at a rate and for a term that the Secretary determines appropriate, after consultation with the Secretary of the Treasury, taking into account the needs and capacities of the borrower and the prevailing rate of interest for similar loans made by public and private lenders.
42 U.S.C. § 16283(n)

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(n) The Secretary, in consultation with the relevant heads of other Federal departments and agencies, shall implement a program to enhance the global competitiveness of United States persons (as defined in section 1708(d) of title 50) who are nuclear suppliers, investors, or lenders to compete for nuclear projects in foreign countries, including—

(1) expediting the conclusion of intergovernmental agreements on nuclear energy and the fuel supply chain with potential export countries;

(2) promoting broad adherence to the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415); and

(3) encouraging favorable decisions by potential partner countries on the use of nuclear technology, fuel supplies, equipment, and services from the United States.
42 U.S.C. § 16373(e)(1)

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(1) The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan.
42 U.S.C. § 16373(e)(2)

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(2) The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary.
42 U.S.C. § 16511(4)(A)

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(A) The term “guarantee” has the meaning given the term “loan guarantee” in section 661a of title 2, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations).
42 U.S.C. § 16512(o)(3)

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(3) conduct outreach to encourage participation of supporting finance institutions and private lenders in eligible projects and projects described in section 16517(a) of this title.
42 U.S.C. § 16515(b)(2)

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(2) policies and procedures for selecting and monitoring lenders and loan performance; and

Citations to §16371(7)

42 U.S.C. § 16372(b)(1)(A)

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(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and

Citations to §16371(8)

42 U.S.C. § 15971(a)

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(a) Subject to the availability of appropriations, the Secretary may provide loan guarantees for a project to produce energy from coal of less than 7,000 Btu/lb. using appropriate advanced integrated gasification combined cycle technology, including repowering of existing facilities, that—

(1) is combined with wind and other renewable sources;

(2) minimizes and offers the potential to sequester carbon dioxide emissions; and

(3) provides a ready source of hydrogen for near-site fuel cell demonstrations.
42 U.S.C. § 15971(d)(1)

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(1) The loan guarantees provided under this section do not preclude the facility from receiving an allocation for investment tax credits under section 48A of title 26.
42 U.S.C. § 15973(f)

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(f) Notwithstanding subchapter XIII, the demonstration project shall not be eligible for Federal loan guarantees.
42 U.S.C. § 15974

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The Secretary is authorized to provide loan guarantees for a project to produce energy from a plant using integrated gasification combined cycle technology of at least 400 megawatts in capacity that produces power at competitive rates in deregulated energy generation markets and that does not receive any subsidy (direct or indirect) from ratepayers.
42 U.S.C. § 15975

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The Secretary is authorized to provide loan guarantees for at least 5 petroleum coke gasification projects.
42 U.S.C. § 16014(b)(2)(A)

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(A) In this paragraph, the term “loan cost” has the meaning given the term “cost of a loan guarantee” under section 661a(5)(C) of title 2.
42 U.S.C. § 16014(b)(2)(C)(i)

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(i) in the Standby Support Program Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract or a combination of appropriated funds and loan guarantee fees that are in an amount sufficient to cover the loan costs described in subsection (d)(5)(A); and
42 U.S.C. § 16062(a)(2)

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(2) The program shall include grants and loan guarantees under section 16513 of this title to automobile manufacturers and suppliers and hybrid component manufacturers to encourage domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, and advanced diesel vehicles.
42 U.S.C. § 16298e(b)(3)(B)

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(B) loans or loan guarantees;
42 U.S.C. § 16373(e)(1)

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(1) The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan.
42 U.S.C. § 16373(e)(2)

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(2) The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary.
42 U.S.C. § 16501(c)

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(c) The Secretary may provide a loan guarantee under subsection (b) to an applicant if—

(1) without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in subsection (b);

(2) the prospective earning power of the applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; and

(3) the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.
42 U.S.C. § 16501(c)(1)

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(1) without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in subsection (b);
42 U.S.C. § 16501(d)

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(d) In selecting recipients of loan guarantees from among applicants, the Secretary shall give preference to proposals that—

(1) meet all applicable Federal and State permitting requirements;

(2) are most likely to be successful; and

(3) are located in local markets that have the greatest need for the facility because of—

(A) the limited availability of land for waste disposal;

(B) the availability of sufficient quantities of cellulosic biomass; or

(C) a high level of demand for fuel ethanol or other commercial byproducts of the facility.
42 U.S.C. § 16501(g)

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(g) The Secretary shall require that an applicant for a loan guarantee under subsection (b) provide an assurance of repayment in the form of a performance bond, insurance, collateral, or other means acceptable to the Secretary in an amount equal to not less than 20 percent of the amount of the loan.
42 U.S.C. § 16501(h)

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(h) The recipient of a loan guarantee under subsection (b) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee.
42 U.S.C. § 16501(l)

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(l) The authority of the Secretary to issue a loan guarantee under subsection (b) terminates on the date that is 10 years after August 8, 2005.
42 U.S.C. § 16503(a)

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(a) Funds may be provided for the cost (as defined in section 661a of title 2) of loan guarantees issued under title XIV¹ to carry out commercial demonstration projects for ethanol derived from sugarcane, bagasse, and other sugarcane byproducts.
42 U.S.C. § 16503(b)

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(b) The Secretary may issue loan guarantees under this section to projects to demonstrate commercially the feasibility and viability of producing ethanol using sugarcane, sugarcane bagasse, and other sugarcane byproducts as a feedstock.
42 U.S.C. § 16503(c)

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(c) An applicant for a loan guarantee under this section may provide assurances, satisfactory to the Secretary, that—

(1) the project design has been validated through the operation of a continuous process facility;

(2) the project has been subject to a full technical review;

(3) the project, with the loan guarantee, is economically viable; and

(4) there is a reasonable assurance of repayment of the guaranteed loan.
42 U.S.C. § 16503(c)(3)

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(3) the project, with the loan guarantee, is economically viable; and
42 U.S.C. § 16503(d)(1)

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(1) Except as provided in paragraph (2), a loan guarantee under this section—

(A) may be issued for up to 80 percent of the estimated cost of a project; but

(B) shall not exceed $50,000,000 for any 1 project.
42 U.S.C. § 16503(d)(2)(A)

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(A) The Secretary may issue additional loan guarantees for a project to cover—

(i) up to 80 percent of the excess of actual project costs; but

(ii) not to exceed 15 percent of the amount of the original loan guarantee.
42 U.S.C. § 16503(d)(2)(A)(ii)

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(ii) not to exceed 15 percent of the amount of the original loan guarantee.
42 U.S.C. § 16503(d)(2)(B)

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(B) Subject to subparagraph (A), the Secretary shall guarantee 100 percent of the principal and interest of a loan guarantee made under subparagraph (A).

Citations to §16371(9)

42 U.S.C. § 16372(c)(3)(A)

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(A) The Secretary may enter into a master credit agreement for a project that the Secretary determines—

(i) will likely be eligible for credit assistance under subsection (b), on obtaining—

(I) additional commitments from associated carbon capture projects to use the project; or

(II) all necessary permits and approvals; and

(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2).
42 U.S.C. § 16372(c)(3)(B)(i)(I)

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(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and
42 U.S.C. § 16373(b)(4)(B)(i)(I)(bb)

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(bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and

Citations to §16371(10)

42 U.S.C. § 16372(b)(2)(A)

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(A) Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B).
42 U.S.C. § 16372(b)(2)(B)

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(B) The Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of—

(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment);

(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements;

(iii) the projected financial strength of the obligor—

(I) at the time of loan close; and

(II) throughout the loan term, including after the project is completed;

(iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and

(v) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.
42 U.S.C. § 16372(b)(2)(B)(iii)

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(iii) the projected financial strength of the obligor—

(I) at the time of loan close; and

(II) throughout the loan term, including after the project is completed;
42 U.S.C. § 16372(b)(2)(B)(iv)

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(iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and
42 U.S.C. § 16372(b)(3)

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(3) To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
42 U.S.C. § 16372(b)(5)(B)

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(B) payments owing to the obligor under a public-private partnership; or
42 U.S.C. § 16372(b)(6)(A)

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(A) the obligor; and
42 U.S.C. § 16373(a)(1)

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(1) Subject to paragraph (2), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which—

(A) shall be used—

(i) to finance eligible project costs of any project selected under section 16372 of this title;

(ii) to refinance interim construction financing of eligible project costs of any project selected under section 16372 of this title; or

(iii) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that—

(I) is selected under section 16372 of this title; or

(II) otherwise meets the requirements of that section; and

(B) may be used in accordance with subsection (b)(7) to pay any fees collected by the Secretary under subparagraph (B) of that subsection.
42 U.S.C. § 16373(b)(3)(B)

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(B) payments owing to the obligor under a public-private partnership; or
42 U.S.C. § 16373(b)(6)(A)

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(A) Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
42 U.S.C. § 16373(b)(6)(B)(ii)(II)

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(II) the obligor shall be responsible for paying the remainder of the subsidy amount, if any.
42 U.S.C. § 16373(b)(7)(B)

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(B) If the Secretary collects a fee from an obligor under subparagraph (A) to cover all or a portion of the costs to the Federal Government of providing a secured loan, the obligor and the Secretary may amend the terms of the secured loan to add to the principal of the secured loan an amount equal to the amount of the fee collected by the Secretary.
42 U.S.C. § 16373(c)(3)(A)

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(A) If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
42 U.S.C. § 16373(d)(1)

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(1) Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms.
42 U.S.C. § 16373(d)(2)

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(2) In making a sale or reoffering under paragraph (1), the Secretary may not change any original term or condition of the secured loan without the written consent of the obligor.
42 U.S.C. § 16373(e)(2)

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(2) The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary.

Citations to §16371(11)

42 U.S.C. § 16281(a)(2)(D)(v)

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(v) that is produced in the United States by—

(I) a United States-owned commercial entity operating United States-origin technology;

(II) a United States-owned commercial entity operating a foreign-origin technology; or

(III) a foreign-owned entity operating a foreign-origin technology;
42 U.S.C. § 16372(e)(1)

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(1) Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States.
42 U.S.C. § 16372(e)(2)(B)

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(B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or
42 U.S.C. § 16372(e)(2)(C)

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(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent.

Citations to §16371(12)

42 U.S.C. § 15823(b)(2)

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(2) energy efficiency projects and energy conservation programs;
42 U.S.C. § 15824(b)(3)

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(3) create multistate projects to be awarded through a competitive process.
42 U.S.C. § 15833(a)

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(a) The Secretary shall establish a pilot program under which the Secretary provides financial assistance to at least 3, but not more than 7, States to carry out pilot projects in the States for—

(1) planning and adopting statewide programs that encourage, for each year in which the pilot project is carried out—

(A) energy efficiency; and

(B) reduction of consumption of electricity or natural gas in the State by at least 0.75 percent, as compared to a baseline determined by the Secretary for the period preceding the implementation of the program; or

(2) for any State that has adopted a statewide program as of August 8, 2005, activities that reduce energy consumption in the State by expanding and improving the program.
42 U.S.C. § 15833(a)(1)

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(1) planning and adopting statewide programs that encourage, for each year in which the pilot project is carried out—

(A) energy efficiency; and

(B) reduction of consumption of electricity or natural gas in the State by at least 0.75 percent, as compared to a baseline determined by the Secretary for the period preceding the implementation of the program; or
42 U.S.C. § 15852(b)(2)

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(2) The term “renewable energy” means marine energy (as defined in section 17211 of this title), or electric energy produced from solar, wind, biomass, landfill gas, geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.
42 U.S.C. § 15854(c)(1)

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(1) Subject to the availability of appropriations under subsection (d), in carrying out the program, the Administrator of the Environmental Protection Agency shall establish a project that is—

(A) carried out in multiple States—

(i) in each of which is produced cane sugar that is eligible for loans under section 7272 of title 7, or a similar subsequent authority; and

(ii) at the option of each such State, that have an incentive program that requires the use of ethanol in the State; and

(B) designed to study the production of ethanol from cane sugar, sugarcane, and sugarcane byproducts.
42 U.S.C. § 15854(c)(2)

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(2) A project described in paragraph (1) shall—

(A) be limited to sugar producers and the production of ethanol in the States of Florida, Louisiana, Texas, and Hawaii, divided equally among the States, to demonstrate that the process may be applicable to cane sugar, sugarcane, and sugarcane byproducts;

(B) include information on the ways in which the scale of production may be replicated once the sugar cane industry has located sites for, and constructed, ethanol production facilities; and

(C) not last more than 3 years.
42 U.S.C. § 15855(c)(1)

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(1) The Secretary concerned may make grants to persons to offset the cost of projects to develop or research opportunities to improve the use of, or add value to, biomass. In making such grants, the Secretary concerned shall give preference to persons in preferred communities.
42 U.S.C. § 15855(c)(2)(A)

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(A) the anticipated public benefits of the project, including the potential to develop thermal or electric energy resources or affordable energy;
42 U.S.C. § 15855(c)(2)(D)

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(D) the potential for the project to improve efficiency or develop cleaner technologies for biomass utilization; and
42 U.S.C. § 15855(c)(2)(E)

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(E) the potential for the project to reduce the hazardous fuels from the areas in greatest need of treatment.
42 U.S.C. § 15883(a)

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(a) In this section, the term “qualified hydroelectric facility” means a hydroelectric project that—

(A) is licensed by the Federal Energy Regulatory Commission; or

(B) is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.);

(2) is placed into service before November 15, 2021; and

(A) is in compliance with all applicable Federal, Tribal, and State requirements; or

(B) would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital improvements carried out using an incentive payment under this section.
42 U.S.C. § 15883(a)(1)(B)

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(B) is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.);
42 U.S.C. § 15883(b)(3)(D)

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(D) improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity.
42 U.S.C. § 15891(a)(1)

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(1) On a request described in paragraph (2), the Secretary shall conduct a feasibility study of a project to implement a strategy or project identified in the plans submitted to Congress pursuant to section 1492 of title 48 as having the potential to—

(A) significantly reduce the dependence of an insular area on imported fossil fuels; or

(B) provide needed distributed generation to an insular area.
42 U.S.C. § 15891(a)(3)(B)

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(B) determining the feasibility of potential projects.
42 U.S.C. § 15891(a)(4)

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(4) For the purpose of a feasibility study under paragraph (1), a project shall be determined to be feasible if the project would significantly reduce the dependence of an insular area on imported fossil fuels, or provide needed distributed generation to an insular area, at a reasonable cost.
42 U.S.C. § 15891(b)(1)

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(1) On a determination by the Secretary (in consultation with the Secretary of the Interior) that a project is feasible under subsection (a) and a commitment by an electric utility to operate and maintain the project, the Secretary may provide such technical and financial assistance as the Secretary determines is appropriate for the implementation of the project.
42 U.S.C. § 15891(c)(1)(A)

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(A) $500,000 for each fiscal year for project feasibility studies under subsection (a); and
42 U.S.C. § 15891(c)(1)(B)

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(B) $4,000,000 for each fiscal year for project implementation under subsection (b).
42 U.S.C. § 15906(c)(2)

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(2) The Secretary shall enter into cooperative agreements with the State of Alaska, the North Slope Borough, the Arctic Slope Regional Corporation, and other Federal agencies as appropriate to coordinate efforts, share resources, and fund projects under this section.
42 U.S.C. § 15910(c)(1)(A)

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(A) The Secretary of Energy shall establish a competitive grant program to provide grants to producers of oil and gas to carry out projects to inject carbon dioxide for the purpose of enhancing recovery of oil or natural gas while increasing the sequestration of carbon dioxide.
42 U.S.C. § 15910(c)(1)(B)(i)

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(i) not more than 10 projects in the Willistin Basin in North Dakota and Montana; and
42 U.S.C. § 15910(c)(1)(B)(ii)

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(ii) 1 project in the Cook Inlet Basin in Alaska.
42 U.S.C. § 15910(c)(2)(C)(i)

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(i) a description of the project proposed in the application;
42 U.S.C. § 15910(c)(2)(C)(ii)

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(ii) an estimate of the production increase and the duration of the production increase from the project, as compared to conventional recovery techniques, including water flooding;
42 U.S.C. § 15910(c)(2)(C)(iii)

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(iii) an estimate of the carbon dioxide sequestered by project, over the life of the project;
42 U.S.C. § 15910(c)(2)(C)(iv)

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(iv) a plan to collect and disseminate data relating to each project to be funded by the grant;
42 U.S.C. § 15910(c)(2)(C)(v)

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(v) a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant;
42 U.S.C. § 15910(c)(2)(C)(vi)

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(vi) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project;
42 U.S.C. § 15910(c)(2)(C)(vii)

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(vii) a description of which costs of the project will be supported by Federal assistance under this section; and
42 U.S.C. § 15910(c)(3)

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(3) An applicant for a grant under paragraph (1) may carry out a project under a pilot program in partnership with 1 or more other public or private entities.
42 U.S.C. § 15910(c)(4)(A)

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(A) consider the previous experience with similar projects of each applicant; and
42 U.S.C. § 15910(c)(4)(B)(iii)

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(iii) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this section is completed; and
42 U.S.C. § 15910(c)(4)(B)(iv)

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(iv) minimize any adverse environmental effects from the project.
42 U.S.C. § 15910(c)(5)(C)(i)

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(i) A project funded by a grant under this subsection shall begin construction not later than 2 years after the date of provision of the grant, but in any case not later than December 31, 2010.
42 U.S.C. § 15910(c)(7)(A)

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(A) Not later than 180 days after August 8, 2005, the Secretary of Energy shall publish in the Federal Register, and elsewhere, as appropriate, a request for applications to carry out projects under this subsection.
42 U.S.C. § 15910(c)(7)(C)

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(C) After the date by which applications for grants are required to be submitted under subparagraph (B), the Secretary of Energy, in a timely manner, shall select, after peer review and based on the criteria under paragraph (4), those projects to be awarded a grant under this subsection.
42 U.S.C. § 15911(b)(6)

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(6) projects using coal as a fuel, including coal gasification projects.
42 U.S.C. § 15924(a)

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(a) The Secretary of the Interior (referred to in this section as the “Secretary”) shall establish a Federal Permit Streamlining Project (referred to in this section as the “Project”).
42 U.S.C. § 15924(b)(2)

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(2) The Secretary may request that the Governors of the States in which Project offices are located be signatories to the memorandum of understanding.
42 U.S.C. § 15924(c)(2)(C)

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(C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses.
42 U.S.C. § 15924(d)

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(d) The following Bureau of Land Management Offices shall serve as the Project offices:

(1) Rawlins Field Office, Wyoming.

(2) High Plains District Office, Wyoming.

(3) Montana/Dakotas State Office, Montana.

(4) Farmington Field Office, New Mexico.

(5) Carlsbad Field Office, New Mexico.

(6) Grand Junction/Glenwood Springs Field Office, Colorado.

(7) Vernal Field Office, Utah.

(8) Any other State, district, or field office of the Bureau of Land Management determined by the Secretary.
42 U.S.C. § 15924(e)(1)

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(1) the allocation of funds to each Project office for the previous fiscal year; and
42 U.S.C. § 15924(e)(2)

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(2) the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year.
42 U.S.C. § 15924(f)(1)

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(1) the Project; and
42 U.S.C. § 15924(h)

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(h) For the purposes of coordination and processing of oil and gas use authorizations on Federal land under the administration of the Project offices identified in subsection (d), the Secretary may authorize the expenditure or transfer of such funds as are necessary to—

(1) the United States Fish and Wildlife Service;

(2) the Bureau of Indian Affairs;

(3) the Forest Service;

(4) the Environmental Protection Agency;

(5) the Corps of Engineers; and

(6) the States in which Project offices are located.
42 U.S.C. § 15924(h)(6)

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(6) the States in which Project offices are located.
42 U.S.C. § 15924(i)(2)

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(2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project.
42 U.S.C. § 15927(k)(1)

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(1) Upon written request of a prospective applicant for Federal authorization to develop a proposed oil shale or tar sands project, the Department of the Interior shall act as the lead Federal agency for the purposes of coordinating all applicable Federal authorizations and environmental reviews. To the maximum extent practicable under applicable Federal law, the Secretary shall coordinate this Federal authorization and review process with any Indian tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews.
42 U.S.C. § 15961(b)(4)

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(4) a detailed description of how the program will avoid problems enumerated in Government Accountability Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially or scientifically.
42 U.S.C. § 15962(a)

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(a) To be eligible to receive assistance under this part, a project shall advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or have been demonstrated on a scale that the Secretary determines is sufficient to demonstrate that commercial service is viable as of August 8, 2005.
42 U.S.C. § 15962(b)(1)(A)

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(A) In allocating the funds made available under section 15961(a) of this title, the Secretary shall ensure that at least 70 percent of the funds are used only to fund projects on coal-based gasification technologies, including—

(i) gasification combined cycle;

(ii) gasification fuel cells and turbine combined cycle;

(iii) gasification coproduction;

(iv) hybrid gasification and combustion; and

(v) other advanced coal based technologies capable of producing a concentrated stream of carbon dioxide.
42 U.S.C. § 15962(b)(1)(B)(i)(I)

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(I) The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this part shall be designed, and reasonably expected, to achieve.
42 U.S.C. § 15962(b)(1)(B)(ii)

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(ii) The Secretary shall establish the periodic milestones so as to achieve by the year 2020 coal gasification projects able—

(aa) to remove at least 99 percent of sulfur dioxide; or

(bb) to emit not more than 0.04 pound SO₂ per million Btu, based on a 30-day average;

(II) to emit not more than .05 lbs of NO_x per million Btu;

(III) to achieve at least 95 percent reductions in mercury emissions; and

(IV) to achieve a thermal efficiency of at least—

(aa) 50 percent for coal of more than 9,000 Btu;

(bb) 48 percent for coal of 7,000 to 9,000 Btu; and

(cc) 46 percent for coal of less than 7,000 Btu.
42 U.S.C. § 15962(b)(2)(A)

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(A) The Secretary shall ensure that up to 30 percent of the funds made available under section 15961(a) of this title are used to fund projects other than those described in paragraph (1).
42 U.S.C. § 15962(b)(2)(B)(i)(I)

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(I) The Secretary shall periodically establish technical milestones specifying the emission and thermal efficiency levels that projects funded under this paragraph shall be designed, and reasonably expected, to achieve.
42 U.S.C. § 15962(b)(2)(B)(ii)

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(ii) The Secretary shall set the periodic milestones so as to achieve by the year 2020 projects able—

(I) to remove at least 97 percent of sulfur dioxide;

(II) to emit no more than .08 lbs of NO_x per million Btu;

(III) to achieve at least 90 percent reductions in mercury emissions; and

(IV) to achieve a thermal efficiency of at least—

(aa) 43 percent for coal of more than 9,000 Btu;

(bb) 41 percent for coal of 7,000 to 9,000 Btu; and

(cc) 39 percent for coal of less than 7,000 Btu.
42 U.S.C. § 15962(b)(4)

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(4) In the case of projects at units in existence on August 8, 2005, in lieu of the thermal efficiency requirements described in paragraphs (1)(B)(ii)(IV) and (2)(B)(ii)(IV), the milestones shall be designed to achieve an overall thermal design efficiency improvement, compared to the efficiency of the unit as operated, of not less than—

(A) 7 percent for coal of more than 9,000 Btu;

(B) 6 percent for coal of 7,000 to 9,000 Btu; or

(C) 4 percent for coal of less than 7,000 Btu.
42 U.S.C. § 15962(b)(5)(A)

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(A) In evaluating project proposals to achieve thermal efficiency levels established under paragraphs (1)(B)(i) and (2)(B)(i) and in determining progress towards thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Secretary shall take into account and make adjustments for the elevation of the site at which a project is proposed to be constructed.
42 U.S.C. § 15962(b)(5)(B)

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(B) In applying the thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) to projects that separate and capture at least 50 percent of the potential emissions of carbon dioxide by a facility, the energy used for separation and capture of carbon dioxide shall not be counted in calculating the thermal efficiency.
42 U.S.C. § 15962(b)(5)(C)

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(C) In carrying out this section, the Secretary may give priority to projects that include, as part of the project—

(i) the separation or capture of carbon dioxide; or

(ii) the reduction of the demand for natural gas if deployed.
42 U.S.C. § 15962(c)

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(c) The Secretary shall not provide financial assistance under this part for a project unless the recipient documents to the satisfaction of the Secretary that—

(1) the recipient is financially responsible;

(2) the recipient will provide sufficient information to the Secretary to enable the Secretary to ensure that the funds are spent efficiently and effectively; and

(3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology.
42 U.S.C. § 15962(d)

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(d) The Secretary shall provide financial assistance to projects that, as determined by the Secretary—

(1) meet the requirements of subsections (a), (b), and (c); and

(2) are likely—

(A) to achieve overall cost reductions in the use of coal to generate useful forms of energy or chemical feedstocks;

(B) to improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; and

(C) to demonstrate methods and equipment that are applicable to 25 percent of the electricity generating facilities, using various types of coal, that use coal as the primary feedstock as of August 8, 2005.
42 U.S.C. § 15962(f)(1)

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(1) In selecting a project for financial assistance under this section, the Secretary shall establish a reasonable period of time during which the owner or operator of the project shall complete the construction or demonstration phase of the project, as the Secretary determines to be appropriate.
42 U.S.C. § 15962(f)(2)

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(2) The Secretary shall require as a condition of receipt of any financial assistance under this part that the recipient of the assistance enter 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).
42 U.S.C. § 15962(f)(3)(A)

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(A) 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.
42 U.S.C. § 15962(h)(2)

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(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.
42 U.S.C. § 15963(2)

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(2) the status of projects funded under this part.
42 U.S.C. § 15965

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If a Clean Coal Power Initiative project selected after March 11, 2009, for negotiation under this or any other Act in any fiscal year, is not awarded within 2 years from the date the application was selected, negotiations shall cease and the Federal funds committed to the application shall be retained by the Department for future coal-related research, development and demonstration projects, except that the time limit may be extended at the Secretary’s discretion for matters outside the control of the applicant, or if the Secretary determines that extension of the time limit is in the public interest.
42 U.S.C. § 15971(a)

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(a) Subject to the availability of appropriations, the Secretary may provide loan guarantees for a project to produce energy from coal of less than 7,000 Btu/lb. using appropriate advanced integrated gasification combined cycle technology, including repowering of existing facilities, that—

(1) is combined with wind and other renewable sources;

(2) minimizes and offers the potential to sequester carbon dioxide emissions; and

(3) provides a ready source of hydrogen for near-site fuel cell demonstrations.
42 U.S.C. § 15972(c)(2)(B)

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(B) the amount of the loan (when combined with amounts available to the borrower from other sources) will be sufficient to carry out the project; and
42 U.S.C. § 15973(a)

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(a) Subject to the availability of appropriations, the Secretary shall carry out a project to demonstrate production of energy from coal mined in the western United States using integrated gasification combined cycle technology (referred to in this section as the “demonstration project”).
42 U.S.C. § 15973(b)

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(b) The demonstration project—

(1) may include repowering of existing facilities;

(2) shall be designed to demonstrate the ability to use coal with an energy content of not more than 9,000 Btu/lb.; and

(3) shall be capable of removing and sequestering carbon dioxide emissions.
42 U.S.C. § 15973(c)

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(c) Notwithstanding the foregoing, and to the extent economically feasible, the demonstration project shall also be designed to demonstrate the ability to use a variety of types of coal (including subbituminous and bituminous coal with an energy content of up to 13,000 Btu/lb.) mined in the western United States.
42 U.S.C. § 15973(d)

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(d) The demonstration project shall be located in a western State at an altitude of greater than 4,000 feet above sea level.
42 U.S.C. § 15973(e)

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(e) The Federal share of the cost of the demonstration project shall be determined in accordance with section 16352 of this title.
42 U.S.C. § 15973(f)

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(f) Notwithstanding subchapter XIII, the demonstration project shall not be eligible for Federal loan guarantees.
42 U.S.C. § 15974

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The Secretary is authorized to provide loan guarantees for a project to produce energy from a plant using integrated gasification combined cycle technology of at least 400 megawatts in capacity that produces power at competitive rates in deregulated energy generation markets and that does not receive any subsidy (direct or indirect) from ratepayers.
42 U.S.C. § 15975

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The Secretary is authorized to provide loan guarantees for at least 5 petroleum coke gasification projects.
42 U.S.C. § 15976

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The Secretary shall use $5,000,000 from amounts appropriated to initiate, through the Chicago Operations Office, a project to demonstrate the viability of high-energy electron scrubbing technology on commercial-scale electrical generation using high-sulfur coal.
42 U.S.C. § 16011(a)

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(a) The Secretary shall provide for the establishment of 2 projects in geographic areas that are regionally and climatically diverse to demonstrate the commercial production of hydrogen at existing nuclear power plants.
42 U.S.C. § 16021(a)

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(a) The Secretary shall establish a project to be known as the “Next Generation Nuclear Plant Project” (referred to in this part as the “Project”).
42 U.S.C. § 16021(b)

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(b) The Project shall consist of the research, development, design, construction, and operation of a prototype plant, including a nuclear reactor that—

(1) is based on research and development activities supported by the Generation IV Nuclear Energy Systems Initiative under section 16272(c)¹ of this title; and

(2) shall be used—

(A) to generate electricity;

(B) to produce hydrogen; or

(C) both to generate electricity and to produce hydrogen.
42 U.S.C. § 16022(a)(1)

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(1) The Project shall be managed in the Department by the Office of Nuclear Energy, Science, and Technology.
42 U.S.C. § 16022(a)(2)

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(2) The Secretary may combine the Project with the Generation IV Nuclear Energy Systems Initiative.
42 U.S.C. § 16022(a)(3)

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(3) The Secretary may utilize capabilities for review of construction projects for advanced scientific facilities within the Office of Science to track the progress of the Project.
42 U.S.C. § 16022(b)(1)

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(1) The Idaho National Laboratory shall be the lead National Laboratory for the Project and shall collaborate with other National Laboratories, institutions of higher education, other research institutes, industrial researchers, and international researchers to carry out the Project.
42 U.S.C. § 16022(b)(2)(A)

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(A) The Idaho National Laboratory shall organize a consortium of appropriate industrial partners that will carry out cost-shared research, development, design, and construction activities, and operate research facilities, on behalf of the Project.
42 U.S.C. § 16022(b)(2)(B)

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(B) Activities of industrial partners funded by the Project shall be cost-shared in accordance with section 16352 of this title.
42 U.S.C. § 16022(b)(2)(C)

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(C) Preference in determining the final structure of the consortium or any partnerships under this part shall be given to a structure (including designating as a lead industrial partner an entity incorporated in the United States) that retains United States technological leadership in the Project while maximizing cost sharing opportunities and minimizing Federal funding responsibilities.
42 U.S.C. § 16022(b)(4)

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(4) The Project shall use, if appropriate, reactor test capabilities at the Idaho National Laboratory.
42 U.S.C. § 16022(b)(5)

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(5) The Project may use, if appropriate, facilities at other National Laboratories.
42 U.S.C. § 16023(a)

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(a) The Project shall consist of the following major program elements:

(1) High-temperature hydrogen production technology development and validation.

(2) Energy conversion technology development and validation.

(3) Nuclear fuel development, characterization, and qualification.

(4) Materials selection, development, testing, and qualification.

(5) Reactor and balance-of-plant design, engineering, safety analysis, and qualification.
42 U.S.C. § 16023(b)

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(b) The Project shall be conducted in the following phases:

(1) A first project phase shall be conducted to—

(A) select and validate the appropriate technology under subsection (a)(1);

(B) carry out enabling research, development, and demonstration activities on technologies and components under paragraphs (2) through (4) of subsection (a);

(C) determine whether it is appropriate to combine electricity generation and hydrogen production in a single prototype nuclear reactor and plant; and

(D) carry out initial design activities for a prototype nuclear reactor and plant, including development of design methods and safety analytical methods and studies under subsection (a)(5).

(2) A second project phase shall be conducted to—

(A) continue appropriate activities under paragraphs (1) through (5) of subsection (a);

(B) develop, through a competitive process, a final design for the prototype nuclear reactor and plant;

(C) apply for licenses to construct and operate the prototype nuclear reactor from the Nuclear Regulatory Commission; and

(D) construct and start up operations of the prototype nuclear reactor and its associated hydrogen or electricity production facilities.
42 U.S.C. § 16023(b)(1)

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(1) A first project phase shall be conducted to—

(A) select and validate the appropriate technology under subsection (a)(1);

(B) carry out enabling research, development, and demonstration activities on technologies and components under paragraphs (2) through (4) of subsection (a);

(C) determine whether it is appropriate to combine electricity generation and hydrogen production in a single prototype nuclear reactor and plant; and

(D) carry out initial design activities for a prototype nuclear reactor and plant, including development of design methods and safety analytical methods and studies under subsection (a)(5).
42 U.S.C. § 16023(b)(2)

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(2) A second project phase shall be conducted to—

(A) continue appropriate activities under paragraphs (1) through (5) of subsection (a);

(B) develop, through a competitive process, a final design for the prototype nuclear reactor and plant;

(C) apply for licenses to construct and operate the prototype nuclear reactor from the Nuclear Regulatory Commission; and

(D) construct and start up operations of the prototype nuclear reactor and its associated hydrogen or electricity production facilities.
42 U.S.C. § 16023(c)(1)

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(1) The Secretary shall ensure that the Project is structured so as to maximize the technical interchange and transfer of technologies and ideas into the Project from other sources of relevant expertise, including—

(A) the nuclear power industry, including nuclear powerplant construction firms, particularly with respect to issues associated with plant design, construction, and operational and safety issues;

(B) the chemical processing industry, particularly with respect to issues relating to—

(i) the use of process energy for production of hydrogen; and

(ii) the integration of technologies developed by the Project into chemical processing environments; and

(C) international efforts in areas related to the Project, particularly with respect to hydrogen production technologies.
42 U.S.C. § 16023(c)(1)(B)(ii)

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(ii) the integration of technologies developed by the Project into chemical processing environments; and
42 U.S.C. § 16023(c)(1)(C)

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(C) international efforts in areas related to the Project, particularly with respect to hydrogen production technologies.
42 U.S.C. § 16023(c)(2)(A)

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(A) The Secretary shall seek international cooperation, participation, and financial contributions for the Project.
42 U.S.C. § 16023(c)(2)(C)

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(C) The Project may involve demonstration of selected project objectives in a partner country.
42 U.S.C. § 16023(c)(2)(D)

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(D) The Secretary shall ensure that international activities of the Project are coordinated with the Generation IV International Forum.
42 U.S.C. § 16023(c)(3)(A)(i)

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(i) review all program plans for the Project and all progress under the Project on an ongoing basis; and
42 U.S.C. § 16023(c)(3)(A)(ii)

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(ii) ensure that important scientific, technical, safety, and program management issues receive attention in the Project and by the Secretary.
42 U.S.C. § 16023(c)(3)(C)(i)

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(i) review existing program plans for the Project in light of the recommendations of the document entitled “Design Features and Technology Uncertainties for the Next Generation Nuclear Plant,” dated June 30, 2004; and
42 U.S.C. § 16023(c)(3)(C)(ii)

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(ii) address any recommendations of the document not incorporated in program plans for the Project.
42 U.S.C. § 16023(c)(3)(D)

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(D) On a determination by the Secretary that the appropriate activities under the first project phase under subsection (b)(1) are nearly complete, the Secretary shall request the NERAC to conduct a comprehensive review of the Project and to report to the Secretary the recommendation of the NERAC concerning whether the Project is ready to proceed to the second project phase under subsection (b)(2).
42 U.S.C. § 16023(c)(3)(E)

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(E) Not later than 60 days after receiving any report from the NERAC related to the Project, the Secretary shall submit to the appropriate committees of the Senate and the House of Representatives a copy of the report, along with any additional views of the Secretary that the Secretary may consider appropriate.
42 U.S.C. § 16024(b)(1)

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(1) a description of ways in which current licensing requirements relating to light-water reactors need to be adapted for the types of prototype nuclear reactor being considered by the Project;
42 U.S.C. § 16024(c)

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(c) The Secretary shall seek the active participation of the Nuclear Regulatory Commission throughout the duration of the Project to—

(1) avoid design decisions that will compromise adequate safety margins in the design of the reactor or impair the accessibility of nuclear safety-related components of the prototype reactor for inspection and maintenance;

(2) develop tools to facilitate inspection and maintenance needed for safety purposes; and

(3) develop risk-based criteria for any future commercial development of a similar reactor architectures.
42 U.S.C. § 16025(a)(1)

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(1) select the technology to be used by the Project for high-temperature hydrogen production and the initial design parameters for the prototype nuclear plant; or
42 U.S.C. § 16025(b)(2)

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(2) The Secretary may structure Project activities in the second project phase to use the lead industrial partner of the competitively selected design under paragraph (1) in a systems integration role for final design and construction of the Project.
42 U.S.C. § 16071(a)

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(a) The Secretary, in consultation with the Secretary of Transportation, shall establish a competitive grant pilot program (referred to in this subpart as the “pilot program”), to be administered through the Clean Cities Program of the Department, to provide not more than 30 geographically dispersed project grants to State governments, local governments, or metropolitan transportation authorities to carry out a project or projects for the purposes described in subsection (b).
42 U.S.C. § 16071(b)(4)

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(4) Installation or acquisition of infrastructure necessary to directly support an alternative fueled vehicle, fuel cell vehicle, or hybrid vehicle project funded by the grant, including fueling and other support equipment.
42 U.S.C. § 16071(b)(5)

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(5) Operation and maintenance of vehicles, infrastructure, and equipment acquired as part of a project funded by the grant.
42 U.S.C. § 16071(c)(1)(B)(ii)(I)

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(I) a description of the project proposed in the application, including how the project meets the requirements of this subpart;
42 U.S.C. § 16071(c)(1)(B)(ii)(II)

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(II) an estimate of the ridership or degree of use of the project;
42 U.S.C. § 16071(c)(1)(B)(ii)(III)

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(III) an estimate of the air pollution emissions reduced and fossil fuel displaced as a result of the project, and a plan to collect and disseminate environmental data, related to the project to be funded under the grant, over the life of the project;
42 U.S.C. § 16071(c)(1)(B)(ii)(IV)

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(IV) a description of how the project will be sustainable without Federal assistance after the completion of the term of the grant;
42 U.S.C. § 16071(c)(1)(B)(ii)(V)

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(V) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project;
42 U.S.C. § 16071(c)(1)(B)(ii)(VI)

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(VI) a description of which costs of the project will be supported by Federal assistance under this subpart; and
42 U.S.C. § 16071(c)(1)(B)(ii)(VII)

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(VII) documentation to the satisfaction of the Secretary that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the project, and a commitment by the applicant to use such fuel in carrying out the project.
42 U.S.C. § 16071(c)(2)

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(2) An applicant under paragraph (1) may carry out a project under the pilot program in partnership with public and private entities.
42 U.S.C. § 16071(d)(1)

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(1) consider each applicant’s previous experience with similar projects; and
42 U.S.C. § 16071(d)(2)(B)

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(B) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this subpart is completed; and
42 U.S.C. § 16071(e)(2)

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(2) The Secretary shall not provide more than 50 percent of the cost, incurred during the period of the grant, of any project under the pilot program.
42 U.S.C. § 16071(e)(4)

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(4) The Secretary shall seek to the maximum extent practicable to ensure a broad geographic distribution of project sites.
42 U.S.C. § 16071(f)(1)

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(1) Not later than 90 days after August 8, 2005, the Secretary shall publish in the Federal Register, Commerce Business Daily, and elsewhere as appropriate, a request for applications to undertake projects under the pilot program. Applications shall be due not later than 180 days after the date of publication of the notice.
42 U.S.C. § 16071(f)(2)

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(2) Not later than 180 days after the date by which applications for grants are due, the Secretary shall select by competitive, peer reviewed proposal, all applications for projects to be awarded a grant under the pilot program.
42 U.S.C. § 16072(a)(1)

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(1) an identification of the grant recipients and a description of the projects to be funded;
42 U.S.C. § 16072(b)(1)

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(1) an assessment of the benefits to the environment derived from the projects included in the pilot program; and
42 U.S.C. § 16081(a)

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(a) The Secretary, in consultation with the Secretary of Transportation, shall establish a transit bus demonstration program to make competitive, merit-based awards for 5-year projects to demonstrate not more than 25 fuel cell transit buses (and necessary infrastructure) in 5 geographically dispersed localities.
42 U.S.C. § 16081(b)

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(b) In selecting projects under this section, the Secretary shall give preference to projects that are most likely to mitigate congestion and improve air quality.
42 U.S.C. § 16091(e)

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(e) The Administrator shall have the authority to issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner, result in emissions reductions, and maximize public health benefits.
42 U.S.C. § 16103(c)(1)

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(1) In carrying out the program, the Secretary shall establish not more than 10 pilot projects that are—

(A) dispersed geographically throughout the United States; and

(B) designed to conserve energy resources by encouraging the use of bicycles in place of motor vehicles.
42 U.S.C. § 16103(c)(2)

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(2) A pilot project described in paragraph (1) shall—

(A) use education and marketing to convert motor vehicle trips to bicycle trips;

(B) document project results and energy savings (in estimated units of energy conserved);

(C) facilitate partnerships among interested parties in at least 2 of the fields of—

(i) transportation;

(ii) law enforcement;

(iii) education;

(iv) public health;

(v) environment; and

(vi) energy;

(D) maximize bicycle facility investments;

(E) demonstrate methods that may be used in other regions of the United States; and

(F) facilitate the continuation of ongoing programs that are sustained by local resources.
42 U.S.C. § 16103(c)(2)(B)

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(B) document project results and energy savings (in estimated units of energy conserved);
42 U.S.C. § 16103(c)(3)

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(3) At least 20 percent of the cost of each pilot project described in paragraph (1) shall be provided from non-Federal sources.
42 U.S.C. § 16103(d)(2)(A)

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(A) document the results or progress of the pilot projects under subsection (c);
42 U.S.C. § 16103(e)(1)

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(1) $5,150,000 shall be used to carry out pilot projects described in subsection (c);
42 U.S.C. § 16104(b)(4)(B)(iii)

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(iii) Subject to clause (iv), the Administrator shall require at least 50 percent of the costs directly and specifically related to any project under this section to be provided from non-Federal sources.
42 U.S.C. § 16104(d)(1)

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(1) an identification of the grant recipients, a description of the projects to be funded and the amount of funding provided; and
42 U.S.C. § 16132(b)(2)(A)

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(A) The Administrator shall provide not less than 95 percent of funds available for a fiscal year under this section to eligible entities for projects using—

(i) a certified engine configuration; or

(ii) a verified technology.
42 U.S.C. § 16132(c)(3)(C)

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(C) a description of the project proposed by the eligible entity, including—

(i) any certified engine configuration, verified technology, or emerging technology to be used or funded by the eligible entity; and

(ii) the means by which the project will achieve a significant reduction in diesel emissions;
42 U.S.C. § 16132(c)(3)(C)(ii)

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(ii) the means by which the project will achieve a significant reduction in diesel emissions;
42 U.S.C. § 16132(c)(3)(D)

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(D) an evaluation (using methodology approved by the Administrator or the National Academy of Sciences) of the quantifiable and unquantifiable benefits of the emissions reductions of the proposed project;
42 U.S.C. § 16132(c)(3)(E)

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(E) an estimate of the cost of the proposed project;
42 U.S.C. § 16132(c)(3)(H)

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(H) provisions for the monitoring and verification of the project.
42 U.S.C. § 16132(c)(4)

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(4) In providing a grant, rebate, or loan under this section, the Administrator shall give highest priority to proposed projects that, as determined by the Administrator—

(A) maximize public health benefits;

(B) are the most cost-effective;

(C) serve areas—

(i) with the highest population density;

(ii) that are poor air quality areas, including areas identified by the Administrator as—

(I) in nonattainment or maintenance of national ambient air quality standards for a criteria pollutant;

(II) Federal Class I areas; or

(III) areas with toxic air pollutant concerns;

(iii) that receive a disproportionate quantity of air pollution from diesel fleets, including truckstops, ports, rail yards, terminals, construction sites, schools, and distribution centers; or

(iv) that use a community-based multistakeholder collaborative process to reduce toxic emissions;

(D) include a certified engine configuration, verified technology, or emerging technology that has a long expected useful life;

(E) will maximize the useful life of any certified engine configuration, verified technology, or emerging technology used or funded by the eligible entity; and

(F) conserve diesel fuel.
42 U.S.C. § 16132(d)(1)(B)

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(B) programs or projects to reduce long-duration idling using verified technology involving a vehicle or equipment described in subparagraph (A).
42 U.S.C. § 16133(d)(3)

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(3) A grant, rebate, or loan provided under this section shall be used for a project relating to—

(A) a certified engine configuration; or

(B) a verified technology.
42 U.S.C. § 16134(b)(3)

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(3) each project for which a grant, rebate, or loan is provided under this part, including the criteria used to select the grant, rebate, or loan recipients;
42 U.S.C. § 16134(b)(5)

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(5) the problems encountered by projects for which a grant, rebate, or loan is provided under this part;
42 U.S.C. § 16138

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The Administrator of the Environmental Protection Agency (hereinafter, the “Agency”) may accept (notwithstanding sections 3302 and 1301 of title 31) diesel emissions reduction Supplemental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law—
42 U.S.C. § 16139

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In any settlement agreement regarding alleged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protection Agency shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a diesel emissions reduction Supplemental Environmental Project if the Administrator were precluded by law from accepting a diesel emission reduction Supplemental Environmental Project. A failure by the Administrator to include this language in such a settlement agreement shall not create a cause of action against the United States under the Clean Air Act [42 U.S.C. 7401 et seq.] or any other law or create a basis for overturning a settlement agreement entered into by the United States.
42 U.S.C. § 16154(h)

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(h) There are authorized to be appropriated to carry out projects and activities relating to hydrogen production, storage, distribution and dispensing, transport, education and coordination, and technology transfer under this section—

(1) $160,000,000 for fiscal year 2006;

(2) $200,000,000 for fiscal year 2007;

(3) $220,000,000 for fiscal year 2008;

(4) $230,000,000 for fiscal year 2009;

(5) $250,000,000 for fiscal year 2010; and

(6) such sums as are necessary for each of fiscal years 2011 through 2020.
42 U.S.C. § 16154(i)

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(i) There are authorized to be appropriated to carry out projects and activities relating to fuel cell technologies under this section—

(1) $150,000,000 for fiscal year 2006;

(2) $160,000,000 for fiscal year 2007;

(3) $170,000,000 for fiscal year 2008;

(4) $180,000,000 for fiscal year 2009;

(5) $200,000,000 for fiscal year 2010; and

(6) such sums as are necessary for each of fiscal years 2011 through 2020.
42 U.S.C. § 16157(a)

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(a) In carrying out the programs under this section, the Secretary shall fund a limited number of demonstration projects, consistent with this subchapter and a determination of the maturity, cost-effectiveness, and environmental impacts of technologies supporting each project. In selecting projects under this subsection, the Secretary shall, to the extent practicable and in the public interest, select projects that—

(1) involve using hydrogen and related products at existing facilities or installations, such as existing office buildings, military bases, vehicle fleet centers, transit bus authorities, or units of the National Park System;

(2) depend on reliable power from hydrogen to carry out essential activities;

(3) lead to the replication of hydrogen technologies and draw such technologies into the marketplace;

(4) include vehicle, portable, and stationary demonstrations of fuel cell and hydrogen-based energy technologies;

(5) address the interdependency of demand for hydrogen fuel cell applications and hydrogen fuel infrastructure;

(6) raise awareness of hydrogen technology among the public;

(7) facilitate identification of an optimum technology among competing alternatives;

(8) address distributed generation using renewable sources;

(9) carry out demonstrations of evolving hydrogen and fuel cell technologies in national parks, remote island areas, and on Indian tribal land, as selected by the Secretary;

(10) carry out a program to demonstrate developmental hydrogen and fuel cell systems for mobile, portable, and stationary uses, using improved versions of the learning demonstrations program concept of the Department including demonstrations involving—

(A) light-duty vehicles;

(B) heavy-duty vehicles;

(C) fleet vehicles;

(D) specialty industrial and farm vehicles; and

(E) commercial and residential portable, continuous, and backup electric power generation;

(11) in accordance with any code or standards developed in a region, fund prototype, pilot fleet, and infrastructure regional hydrogen supply corridors along the interstate highway system in varied climates across the United States; and

(12) fund demonstration programs that explore the use of hydrogen blends, hybrid hydrogen, and hydrogen reformed from renewable agricultural fuels, including the use of hydrogen in hybrid electric, heavier duty, and advanced internal combustion-powered vehicles.

The Secretary shall give preference to projects which address multiple elements contained in paragraphs (1) through (12).
42 U.S.C. § 16157(b)(1)(A)(iii)

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(iii) are managed through an enhanced FreedomCAR program within the Department that encourages involvement in cost-shared projects by manufacturers and governments; and
42 U.S.C. § 16159

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Section 13293 of this title shall apply to any project carried out through a grant, cooperative agreement, or contract under this subchapter.
42 U.S.C. § 16161(a)(2)

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(2) provide for the establishment of 5 projects in geographic areas that are regionally and climatically diverse to demonstrate the production of hydrogen at solar energy facilities, including one demonstration project at a National Laboratory or institution of higher education;
42 U.S.C. § 16161(b)(2)

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(2) provide for the establishment of 5 projects in geographic areas that are regionally and climatically diverse to demonstrate the production of hydrogen at existing wind energy facilities, including one demonstration project at a National Laboratory or institution of higher education.
42 U.S.C. § 16161(e)

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(e) The Secretary shall transmit to the Congress not later than 120 days after August 8, 2005, a report containing detailed summaries of the roadmaps prepared under subsections (a)(1) and (b)(1), descriptions of the Secretary’s progress in establishing the projects and other programs required under this section, and recommendations for promoting the availability of advanced solar and wind energy technologies for the production of hydrogen.
42 U.S.C. § 16161c(a)(1)

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(1) In carrying out the programs established under sections 16154 and 16161a of this title, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities (as determined by the Secretary) for research, development, and demonstration projects to advance new clean hydrogen production, processing, delivery, storage, and use equipment manufacturing technologies and techniques.
42 U.S.C. § 16161c(a)(2)

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(2) In awarding grants or entering into contracts, cooperative agreements, or other agreements under paragraph (1), the Secretary, to the maximum extent practicable, shall give priority to clean hydrogen equipment manufacturing projects that—

(A) increase efficiency and cost-effectiveness in—

(i) the manufacturing process; and

(ii) the use of resources, including existing energy infrastructure;

(B) support domestic supply chains for materials and components;

(C) identify and incorporate nonhazardous alternative materials for components and devices;

(D) operate in partnership with tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, or territories or freely associated States; or

(E) are located in economically distressed areas of the major natural gas-producing regions of the United States.
42 U.S.C. § 16161c(a)(3)

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(3) Not later than 3 years after November 15, 2021, and not less frequently than once every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1).
42 U.S.C. § 16161c(b)(1)

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(1) In carrying out the programs established under sections 16154 and 16161a of this title, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean hydrogen technologies, including by—

(A) increasing the efficiency and cost-effectiveness of the recovery of raw materials from clean hydrogen technology components and systems, including enabling technologies such as electrolyzers and fuel cells;

(B) minimizing environmental impacts from the recovery and disposal processes;

(C) addressing any barriers to the research, development, demonstration, and commercialization of technologies and processes for the disassembly and recycling of devices used for clean hydrogen production, processing, delivery, storage, and use;

(D) developing alternative materials, designs, manufacturing processes, and other aspects of clean hydrogen technologies;

(E) developing alternative disassembly and resource recovery processes that enable efficient, cost-effective, and environmentally responsible disassembly of, and resource recovery from, clean hydrogen technologies; and

(F) developing strategies to increase consumer acceptance of, and participation in, the recycling of fuel cells.
42 U.S.C. § 16161c(b)(2)

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(2) The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1), including any educational and outreach materials developed by the projects.
42 U.S.C. § 16161d(d)

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(d) In carrying out the program, the Secretary shall fund demonstration projects—

(1) to demonstrate technologies that produce clean hydrogen using electrolyzers; and

(2) to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in paragraph (1).
42 U.S.C. § 16161d(f)(1)

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(1) In carrying out the program, the Secretary shall award grants, on a competitive basis, to eligible entities for projects that the Secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection (c).
42 U.S.C. § 16161d(f)(2)

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(2) In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purpose of the program described in subsection (b).
42 U.S.C. § 16161d(f)(3)(A)

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(A) The eligibility of an entity to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall be determined by the Secretary.
42 U.S.C. § 16161d(f)(3)(B)

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(B) An eligible entity desiring to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
42 U.S.C. § 16164

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The costs of carrying out projects and activities under this subchapter shall be shared in accordance with section 16352 of this title.
42 U.S.C. § 16183(a)(3)(D)(i)

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(i) to the maximum extent possible, avoid duplication with other Federal RD&D programs, and projects, including with those of the National Laboratories;
42 U.S.C. § 16183(a)(4)

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(4) Not later than 30 days after the President submits the budget of the United States Government under section 1105 of title 31, the co-chairs of the Interagency RD&D Coordination Committee (acting through the NEWS RD&D Office) shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives, an interagency budget crosscut report that displays at the program-, project-, and activity-level for each of the Federal agencies that carry out or support (including through grants, contracts, interagency and intraagency transfers, and multiyear and no-year funds) basic and applied RD&D activities to advance the energy-water nexus related science and technologies, including—

(A) the budget proposed in the budget request of the President for the upcoming fiscal year;

(B) expenditures and obligations for the prior fiscal year; and

(C) estimated expenditures and obligations for the current fiscal year.
42 U.S.C. § 16183(b)

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(b) The Secretary shall integrate the following considerations into energy RD&D programs and projects of the Department by—

(1) advancing RD&D for energy and energy efficiency technologies and practices that meet the objectives of—

(A) minimizing freshwater withdrawal and consumption;

(B) increasing water use efficiency; and

(C) utilizing nontraditional water sources;

(2) considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and

(3) improving understanding of the energy-water nexus (as defined in subsection (a)(1)).
42 U.S.C. § 16195(d)(3)

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(3) No one project selected under this section shall receive more than 25 percent of the funds made available to carry out the program under this section.
42 U.S.C. § 16195(d)(4)

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(4) In selecting proposals, the Secretary shall consider the extent of involvement of State or local government and other persons in each demonstration project to optimize use of Federal resources.
42 U.S.C. § 16195(e)(1)(C)

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(C) the proposers of a project under this section; and
42 U.S.C. § 16195(e)(2)

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(2) the costs of carrying out projects and activities under this section are shared in accordance with section 16352 of this title.
42 U.S.C. § 16197(b)(5)

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(5) Examining the energy efficiency needs of energy end-users to develop recommended research projects for the Department.
42 U.S.C. § 16198(b)(3)(B)(iii)

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(iii) the degree to which the project integrates next-generation sensors software, analytics, and management tools;
42 U.S.C. § 16198(b)(3)(B)(iv)

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(iv) the anticipated cost-effectiveness of the pilot project through measurable energy savings, water savings or reuse, and infrastructure costs averted;
42 U.S.C. § 16198(b)(3)(B)(viii)

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(viii) whether the project will be completed in 5 years or less.
42 U.S.C. § 16198(b)(3)(C)(ii)(I)

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(I) a description of the project;
42 U.S.C. § 16198(b)(3)(C)(ii)(II)

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(II) a description of the technology to be used in the project;
42 U.S.C. § 16198(b)(3)(C)(ii)(III)

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(III) the anticipated results, including energy and water savings, of the project;
42 U.S.C. § 16198(b)(3)(C)(ii)(IV)

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(IV) a comprehensive budget for the project;
42 U.S.C. § 16198(b)(3)(C)(ii)(V)

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(V) the names of the project lead organization and any partners;
42 U.S.C. § 16198(b)(3)(C)(ii)(VI)

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(VI) the number of users to be served by the project;
42 U.S.C. § 16198(b)(4)(B)(i)

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(i) The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that meets performance measures and benchmarks developed by the Secretary, consistent with the purposes of this section.
42 U.S.C. § 16198(b)(4)(B)(ii)(I)

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(I) evaluate the progress and impact of the project; and
42 U.S.C. § 16198(b)(4)(B)(ii)(II)

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(II) assess the degree to which the project is meeting the goals of the pilot program.
42 U.S.C. § 16232(d)(2)(A)

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(A) demonstrate that the project will be able to operate profitably without direct Federal subsidy after initial construction costs are paid; and
42 U.S.C. § 16234(b)(6)

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(6) coordination with activities under the Next Generation Nuclear Plant Project established under part B of subchapter VI on high temperature materials, thermochemical cycles, and economic issues.
42 U.S.C. § 16235(b)

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(b) Notwithstanding section 16352 of this title, the Secretary shall provide under this section no more than 40 percent of the incremental costs of the solar or other renewable energy source project funded.
42 U.S.C. § 16237(b)(2)(A)(iii)

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(iii) establishing or maintaining demonstration facilities and projects, including through stewardship of existing facilities such as the National Wind Test Center;
42 U.S.C. § 16237(b)(2)(B)(iv)

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(iv) Offshore wind-specific projects and plants, including—

(I) fixed and floating substructure systems, materials, and components;

(II) the operation of offshore facilities, such as—

(aa) an offshore research facility to conduct research for oceanic, biological, geological, and atmospheric resource characterization relevant to offshore wind energy development in coordination with the ocean and atmospheric science communities; and

(bb) an offshore support structure testing facility to conduct development, demonstration, and commercialization of large-scale and full-scale offshore wind energy support structure components and systems;

(III) the monitoring and analysis of site and environmental considerations unique to offshore sites, including freshwater environments.
42 U.S.C. § 16237(b)(2)(C)(i)

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(i) projects that—

(I) are located in a geographically diverse range of eligible entities;

(II) support the development or demonstration of projects—

(aa) in economically distressed areas and areas disproportionately impacted by pollution; and

(bb) that provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies;

(III) can be replicated in a variety of regions and climates;

(IV) include business commercialization plans that have the potential for—

(aa) domestic manufacturing and production of wind energy technologies; or

(bb) exports of wind energy technologies; and

(V) are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated States; and
42 U.S.C. § 16237(b)(2)(C)(i)(II)

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(II) support the development or demonstration of projects—

(aa) in economically distressed areas and areas disproportionately impacted by pollution; and

(bb) that provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies;
42 U.S.C. § 16237(b)(2)(E)

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(E) To the extent that funding is not otherwise available through other Federal programs or power purchase agreements, funding awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Secretary, such as engineering or feasibility studies.
42 U.S.C. § 16237(b)(2)(F)

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(F) Not less than once every two years, the Secretary shall conduct a national solicitation for applications for demonstration projects under this section.
42 U.S.C. § 16237(b)(4)(A)

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(A) In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, and demonstration, and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of wind energy technologies, including—

(i) by increasing the efficiency and cost effectiveness of the recovery of raw materials from wind energy technology components and systems, including enabling technologies such as inverters;

(ii) by minimizing potential environmental impacts from the recovery and disposal processes;

(iii) by advancing technologies and processes for the disassembly and recycling of wind energy devices;

(iv) by developing alternative materials, designs, manufacturing processes, and other aspects of wind energy technologies and the disassembly and resource recovery process that enable efficient, cost effective, and environmentally responsible disassembly of, and resource recovery from, wind energy technologies; and

(v) strategies to increase consumer acceptance of, and participation in, the recycling of wind energy technologies.
42 U.S.C. § 16237(b)(4)(B)

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(B) The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through financial assistance awarded under subparagraph (A), including—

(i) development of best practices or training materials for use in the wind energy technology manufacturing, design, installation, decommissioning, or recycling industries;

(ii) dissemination at industry conferences;

(iii) coordination with information dissemination programs relating to recycling of electronic devices in general;

(iv) demonstration projects; and

(v) educational materials.
42 U.S.C. § 16237(b)(4)(B)(iv)

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(iv) demonstration projects; and
42 U.S.C. § 16237(b)(4)(C)

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(C) In carrying out the activities authorized under this subsection, the Secretary shall give special consideration to projects that recover critical materials.
42 U.S.C. § 16238(b)(2)(A)(iii)

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(iii) establishing or maintaining demonstration facilities and projects, including through stewardship of existing facilities;
42 U.S.C. § 16238(b)(2)(C)

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(C) In carrying out activities under the program, the Secretary shall, to the maximum extent practicable, give priority to projects that—

(i) are located in a geographically diverse range of eligible entities;

(ii) support the development or demonstration of projects—

(I) in economically distressed areas and areas disproportionately impacted by pollution; or

(II) that provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies;

(iii) can be replicated in a variety of regions and climates;

(iv) include business commercialization plans that have the potential for—

(I) domestic manufacturing and production of solar energy technologies; or

(II) exports of solar energy technologies;

(v) are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated States; and

(vi) with regards to workforce development, activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to solar energy.
42 U.S.C. § 16238(b)(2)(C)(ii)

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(ii) support the development or demonstration of projects—

(I) in economically distressed areas and areas disproportionately impacted by pollution; or

(II) that provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies;
42 U.S.C. § 16238(b)(2)(E)

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(E) To the extent that funding is not otherwise available through other Federal programs or power purchase agreements, funding awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Secretary, such as engineering or feasibility studies.
42 U.S.C. § 16238(b)(2)(F)

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(F) Not less than once every two years, the Secretary shall conduct a national solicitation for applications for demonstration projects under this section.
42 U.S.C. § 16238(b)(3)(A)

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(A) In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, demonstration, and commercialization projects to advance new solar energy manufacturing technologies and techniques.
42 U.S.C. § 16238(b)(3)(B)

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(B) In awarding grants under subparagraph (A), to the extent practicable, the Secretary shall give priority to solar energy manufacturing projects that—

(i) increase efficiency and cost effectiveness in—

(I) the manufacturing process; and

(II) the use of resources, such as energy, water, and critical materials;

(ii) support domestic supply chains for materials and components;

(iii) identify and incorporate nonhazardous alternative materials for components and devices;

(iv) operate in partnership with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated states; or

(v) are located in economically distressed areas.
42 U.S.C. § 16238(b)(4)(A)

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(A) In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, demonstration, and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of solar energy technologies, including—

(i) by increasing the efficiency and cost effectiveness of the recovery of raw materials from solar energy technology components and systems, including enabling technologies such as inverters;

(ii) by minimizing potential environmental impacts from the recovery and disposal processes;

(iii) by advancing technologies and processes for the disassembly and recycling of solar energy devices;

(iv) by developing alternative materials, designs, manufacturing processes, and other aspects of solar energy technologies and the disassembly and resource recovery process that enable efficient, cost effective, and environmentally responsible disassembly of, and resource recovery from, solar energy technologies; and

(v) strategies to increase consumer acceptance of, and participation in, the recycling of photovoltaic devices.
42 U.S.C. § 16238(b)(4)(B)

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(B) The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through financial assistance awarded under subparagraph (A), including—

(i) development of best practices or training materials for use in the photovoltaics manufacturing, design, installation, refurbishing, disposal, or recycling industries;

(ii) dissemination at industry conferences;

(iii) coordination with information dissemination programs relating to recycling of electronic devices in general;

(iv) demonstration projects; and

(v) educational materials.
42 U.S.C. § 16238(b)(4)(B)(iv)

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(iv) demonstration projects; and
42 U.S.C. § 16238(b)(4)(C)

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(C) In carrying out the activities authorized under this subsection, the Secretary shall give special consideration to projects that recover critical materials.
42 U.S.C. § 16251(d)(3)

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(3) not more than 25 percent of the funds committed within each reverse auction to any 1 project;
42 U.S.C. § 16251(e)

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(e) In selecting a project under the program, the Secretary shall give priority to projects that—

(1) demonstrate outstanding potential for local and regional economic development;

(2) include agricultural producers or cooperatives of agricultural producers as equity partners in the ventures; and

(3) have a strategic agreement in place to fairly reward feedstock suppliers.
42 U.S.C. § 16255(b)(1)

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(1) Not more than 5 demonstration projects per fiscal year shall be funded under this section.
42 U.S.C. § 16255(b)(2)

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(2) The non-Federal cost share of a project under this section shall be not less than 20 percent, as determined by the Secretary.
42 U.S.C. § 16255(c)

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(c) To be eligible for a grant for a project under this section, a recipient of a grant or a participating entity shall agree to use the material harvested under the project—

(1) to produce ethanol; or

(2) for another energy purpose, such as the generation of heat or electricity.
42 U.S.C. § 16272(b)(2)(J)

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(J) investigate advanced manufacturing and advanced construction techniques and materials to reduce the cost of advanced nuclear reactors, including the use of digital twins and of strategies to implement project and construction management best practices, and study the effects of radiation and corrosion on materials created with these techniques;
42 U.S.C. § 16274(a)(4)(A)(iii)(III)

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(III) provide project management, technical support, quality engineering and inspections, manufacturing, and nuclear material support;
42 U.S.C. § 16274(a)(6)(A)

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(A) The Secretary shall carry out a program under which the Secretary shall provide project management, technical support, quality engineering and inspection, and nuclear material handling support to research reactors located at universities.
42 U.S.C. § 16274(a)(7)

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(7) In carrying out the programs under this section, the Department shall, to the maximum extent practicable, allocate 20 percent of funds appropriated to nuclear energy research and development programs annually, excluding funds appropriated for the Advanced Reactor Demonstration Program of the Department, to fund university-led research and university infrastructure projects through an open, competitive solicitation process.
42 U.S.C. § 16274(a)(8)

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(8) Funding for a project provided under this subsection may be used for a portion of the operating and maintenance costs of a research reactor at a university used in the project.
42 U.S.C. § 16274a(b)(1)

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(1) Except as provided in paragraph (2) and subsection (c), amounts made available to carry out the Program shall be used to provide financial assistance for scholarships, fellowships, and research and development projects at institutions of higher education in areas relevant to the programmatic mission of the applicable Federal agency, with an emphasis on providing the financial assistance with respect to research, development, demonstration, and commercial application activities relevant to civilian advanced nuclear reactors including, but not limited to—

(A) relevant fuel cycle technologies;

(B) project management; and

(C) advanced construction, manufacturing, and fabrication methods.
42 U.S.C. § 16274a(b)(1)(B)

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(B) project management; and
42 U.S.C. § 16274a(b)(2)

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(2) Notwithstanding paragraph (1), amounts made available to carry out the Program may be used to provide financial assistance for a scholarship, fellowship, or multiyear research and development project that does not align directly with a programmatic mission of the Department of Energy, if the activity for which assistance is provided would facilitate the maintenance of the discipline of nuclear science or engineering, which may include nontechnical nuclear research..¹
42 U.S.C. § 16277(d)(1)

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(1) other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency–Energy, and the Advanced Scientific Computing Research program; and
42 U.S.C. § 16278(f)(2)(D)

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(D) the efficacy of the available contractual mechanisms of the Department to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology;
42 U.S.C. § 16278(f)(2)(G)

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(G) potential cost structures relating to physical security, decommissioning, liability, and other long-term project costs; and
42 U.S.C. § 16279(d)(1)

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(1) a prioritized list of the programs, projects, and activities of the Department to best support the development of advanced nuclear reactor technologies;
42 U.S.C. § 16279a(a)

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(a) For the purposes of this section, the term “demonstration project” means an advanced nuclear reactor operated in any manner, including as part of the power generation facilities of an electric utility system, for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor.
42 U.S.C. § 16279a(c)

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(c) In carrying out demonstration projects under the program established in subsection (b), the Secretary shall—

(1) include, as an evaluation criterion, diversity in designs for the advanced nuclear reactors demonstrated under this section, including designs using various—

(A) primary coolants;

(B) fuel types and compositions; and

(C) neutron spectra;

(2) consider, as evaluation criterions—

(A) the likelihood that the operating cost for future commercial units for each design implemented through a demonstration project under this subsection is cost-competitive in the applicable market, including those designs configured as integrated energy systems as described in section 16272(c) of this title;

(B) the technology readiness level of a proposed advanced nuclear reactor technology;

(C) the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology; and

(D) the capacity to meet cost-share requirements of the Department;

(3) ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs, which review shall—

(A) be conducted by a panel that includes not fewer than 1 representative that does not have a conflict of interest of each within the applicable market of the design of—

(i) an electric utility;

(ii) an entity that uses high-temperature process heat for manufacturing or industrial processing, such as a petrochemical or synthetic fuel company, a manufacturer of metals or chemicals, or a manufacturer of concrete;

(iii) an expert from the investment community;

(iv) a project management practitioner; and

(v) an environmental health and safety expert; and

(B) include a review of each demonstration project under this subsection which shall include consideration of cost-competitiveness and other value streams, together with the technology readiness level, the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology, the capacity to meet cost-share requirements of the Department, if Federal funding is provided, and environmental impacts;

(4) for federally funded demonstration projects, enter into cost-sharing agreements with private sector partners in accordance with section 16352 of this title for the conduct of activities relating to the research, development, and demonstration of advanced nuclear reactor designs under the program;

(5) consult with—

(A) National Laboratories;

(B) institutions of higher education;

(C) traditional end users (such as electric utilities);

(D) potential end users of new technologies (such as users of high-temperature process heat for manufacturing processing, including petrochemical or synthetic fuel companies, manufacturers of metals or chemicals, or manufacturers of concrete);

(E) developers of advanced nuclear reactor technology;

(F) environmental and public health and safety experts; and

(G) non-proliferation experts;

(6) seek to ensure that the demonstration projects carried out under this section do not cause any delay in the progress of an advanced reactor project by private industry and the Department of Energy that is underway as of December 27, 2020;

(7) establish a streamlined approval process for expedited contracting between awardees and the Department;

(8) identify technical challenges to candidate technologies;

(9) support near-term research and development to address the highest risk technical challenges to the successful demonstration of a selected advanced reactor technology, in accordance with—

(A) paragraph (8);

(B) the research and development activities under section 16272(b) of this title; and

(C) the research and development activities under section 16278 of this title; and

(10) establish such technology advisory working groups as the Secretary determines to be appropriate to advise the Secretary regarding the technical challenges identified under paragraph (8) and the scope of research and development programs to address the challenges, in accordance with paragraph (9), to be comprised of—

(A) private sector advanced nuclear reactor technology developers;

(B) technical experts with respect to the relevant technologies at institutions of higher education;

(C) technical experts at the National Laboratories;

(D) environmental and public health and safety experts;

(E) non-proliferation experts; and

(F) any other entities the Secretary determines appropriate.
42 U.S.C. § 16279a(c)(2)(A)

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(A) the likelihood that the operating cost for future commercial units for each design implemented through a demonstration project under this subsection is cost-competitive in the applicable market, including those designs configured as integrated energy systems as described in section 16272(c) of this title;
42 U.S.C. § 16279a(c)(3)

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(3) ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs, which review shall—

(A) be conducted by a panel that includes not fewer than 1 representative that does not have a conflict of interest of each within the applicable market of the design of—

(i) an electric utility;

(ii) an entity that uses high-temperature process heat for manufacturing or industrial processing, such as a petrochemical or synthetic fuel company, a manufacturer of metals or chemicals, or a manufacturer of concrete;

(iii) an expert from the investment community;

(iv) a project management practitioner; and

(v) an environmental health and safety expert; and

(B) include a review of each demonstration project under this subsection which shall include consideration of cost-competitiveness and other value streams, together with the technology readiness level, the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology, the capacity to meet cost-share requirements of the Department, if Federal funding is provided, and environmental impacts;
42 U.S.C. § 16279a(c)(3)(A)(iv)

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(iv) a project management practitioner; and
42 U.S.C. § 16279a(c)(3)(B)

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(B) include a review of each demonstration project under this subsection which shall include consideration of cost-competitiveness and other value streams, together with the technology readiness level, the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology, the capacity to meet cost-share requirements of the Department, if Federal funding is provided, and environmental impacts;
42 U.S.C. § 16279a(c)(4)

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(4) for federally funded demonstration projects, enter into cost-sharing agreements with private sector partners in accordance with section 16352 of this title for the conduct of activities relating to the research, development, and demonstration of advanced nuclear reactor designs under the program;
42 U.S.C. § 16279a(c)(6)

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(6) seek to ensure that the demonstration projects carried out under this section do not cause any delay in the progress of an advanced reactor project by private industry and the Department of Energy that is underway as of December 27, 2020;
42 U.S.C. § 16279a(d)

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(d) The Secretary may carry out demonstration projects under subsection (c) as a milestone-based demonstration project under section 7256c of this title.
42 U.S.C. § 16279c(b)(2)

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(2) To the extent practicable, the Secretary shall encourage research projects that promote collaboration between entities specified in paragraph (1).
42 U.S.C. § 16279c(c)

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(c) The Secretary shall, except to the extent protected from disclosure under section 552(b) of title 5, publish the results of projects supported under this part through Department websites, reports, databases, training materials, and industry conferences, including information discovered after the completion of such projects.
42 U.S.C. § 16280(e)(1)

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(1) developing a licensing project plan;
42 U.S.C. § 16281(a)(2)(D)

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(D) shall consider options for acquiring or providing HA–LEU from a stockpile of uranium owned by the Department, or using enrichment technology, to make available to members of the consortium established pursuant to subparagraph (F) for commercial use or demonstration projects, taking into account cost and amount of time required, and prioritizing methods that would produce usable HA–LEU the quickest, including options for acquiring or providing HA–LEU—

(i) that—

(I) directly meets the needs of an end user; and

(II) has been previously used or fabricated for another purpose;

(ii) that meets the needs of an end user after having radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department removed;

(iii) that is produced from high-enriched uranium that is blended with lower assay uranium to become HA–LEU to meet the needs of an end user;

(iv) that is produced by Department research, development, and demonstration activities;

(v) that is produced in the United States by—

(I) a United States-owned commercial entity operating United States-origin technology;

(II) a United States-owned commercial entity operating a foreign-origin technology; or

(III) a foreign-owned entity operating a foreign-origin technology;

(vi) that does not require extraction of uranium or development of uranium from lands managed by the Federal Government, cause harm to the natural or cultural resources of Tribal communities or sovereign Native Nations, or result in degraded ground or surface water quality on publicly managed or privately owned lands; or

(vii) that does not negatively impact the availability of HA–LEU by the Department to support the production of medical isotopes, including the medical isotopes defined under the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211);
42 U.S.C. § 16281(a)(2)(F)(iii)

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(iii) carrying out demonstration projects using HA–LEU provided by the Secretary under the program;
42 U.S.C. § 16281(a)(2)(H)(ii)

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(ii) the quantities necessary for demonstration projects carried out under the program, as determined by the Secretary;

(I) shall, for advanced reactor demonstration projects, prioritize the provision of HA–LEU made available under this section through a merit-based, competitive selection process; and
42 U.S.C. § 16281(a)(2)(H)(ii)(I)

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(I) shall, for advanced reactor demonstration projects, prioritize the provision of HA–LEU made available under this section through a merit-based, competitive selection process; and
42 U.S.C. § 16281(a)(2)(J)

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(J) shall seek to ensure that the activities carried out under this section do not cause any delay in the progress of any HA–LEU project between private industry and the Department that is underway as of December 27, 2020.
42 U.S.C. § 16281(a)(3)(B)

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(B) HA–LEU made available to members of the consortium established pursuant to paragraph (2)(F) for demonstration projects shall remain the property of and title will remain with the Department, which shall be responsible for the storage, use, and disposition of all radioactive waste and spent nuclear fuel created by the irradiation, processing, or purification of such uranium, and shall not be subject to the requirements of a sale or transfer of uranium under sections 3112, except for the requirements of subparagraph (A) of section 3112, and 3113 of the USEC Privatization Act (42 U.S.C. 2297h–10; 42 U.S.C. 2297h–11).
42 U.S.C. § 16281(a)(4)

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(4) The Secretary shall only make available to a member of the consortium under this section for commercial or demonstration project use material that the President has determined is not necessary for national security needs, provided that this available material shall not include any material that the Secretary may determine to be necessary for the National Nuclear Security Administration or other critical Departmental missions.
42 U.S.C. § 16281(d)(2)

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(2) The term “demonstration project” has the meaning given such term in section 16279a of this title.
42 U.S.C. § 16282(b)(2)

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(2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary—

(A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and

(B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time.
42 U.S.C. § 16282(d)(8)(C)

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(C) the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (e)(3).
42 U.S.C. § 16282(e)(3)

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(3) establish a program, to be known as the “HALEU for Advanced Nuclear Reactor Demonstration Projects Program”—

(A) to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and

(B) where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time.
42 U.S.C. § 16282(f)(2)(D)(i)

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(i) to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program;
42 U.S.C. § 16282(h)(3)(C)

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(C) options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department;
42 U.S.C. § 16282(m)

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(m) The Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs during or prior to fiscal year 2023, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department.
42 U.S.C. § 16283(h)(3)(B)(ii)

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(ii) The development of a standardized financing and project management framework for the construction of nuclear power plants.
42 U.S.C. § 16283(i)(2)(B)(i)(III)

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(III) a standardized financing and project management framework for the construction of civil nuclear power plants;
42 U.S.C. § 16283(i)(2)(B)(i)(IV)

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(IV) a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects;
42 U.S.C. § 16283(j)(1)(B)(iii)(I)

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(I) project structure models;
42 U.S.C. § 16283(k)(1)

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(1) There is established a working group, to be known as the “Strategic Infrastructure Fund Working Group” (referred to in this subsection as the “working group”) to provide input on the feasibility of establishing a program to support strategically important capital-intensive infrastructure projects.
42 U.S.C. § 16283(k)(4)(A)(i)

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(i) to support those aspects of projects relating to—

(I) civil nuclear technologies; and

(II) microprocessors; and
42 U.S.C. § 16283(n)

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(n) The Secretary, in consultation with the relevant heads of other Federal departments and agencies, shall implement a program to enhance the global competitiveness of United States persons (as defined in section 1708(d) of title 50) who are nuclear suppliers, investors, or lenders to compete for nuclear projects in foreign countries, including—

(1) expediting the conclusion of intergovernmental agreements on nuclear energy and the fuel supply chain with potential export countries;

(2) promoting broad adherence to the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415); and

(3) encouraging favorable decisions by potential partner countries on the use of nuclear technology, fuel supplies, equipment, and services from the United States.
42 U.S.C. § 16291a

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That for all programs funded under Fossil Energy appropriations in this and subsequent Acts, the Secretary may vest fee title or other property interests acquired under projects in any entity, including the United States.
42 U.S.C. § 16292(a)(1)

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(1) The term “large-scale pilot project” means a pilot project that—

(A) represents the scale of technology development beyond laboratory development and bench scale testing, but not yet advanced to the point of being tested under real operational conditions at commercial scale;

(B) represents the scale of technology necessary to gain the operational data needed to understand the technical and performance risks of the technology before the application of that technology at commercial scale or in commercial-scale demonstration; and

(C) is large enough—

(i) to validate scaling factors; and

(ii) to demonstrate the interaction between major components so that control philosophies for a new process can be developed and enable the technology to advance from large-scale pilot project application to commercial-scale demonstration or application.
42 U.S.C. § 16292(a)(1)(C)(ii)

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(ii) to demonstrate the interaction between major components so that control philosophies for a new process can be developed and enable the technology to advance from large-scale pilot project application to commercial-scale demonstration or application.
42 U.S.C. § 16292(b)(2)(B)

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(B) large-scale pilot projects;
42 U.S.C. § 16292(b)(2)(C)

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(C) demonstration projects, in accordance with paragraph (4);
42 U.S.C. § 16292(b)(3)(E)

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(E) Entering into cooperative agreements to carry out and expedite demonstration projects (including pilot projects) to demonstrate the technical and commercial viability of technologies to reduce carbon dioxide emissions released from coal electric generation facilities and natural gas electric generation facilities for commercial deployment.
42 U.S.C. § 16292(b)(4)(A)

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(A) In carrying out the program, the Secretary shall establish a demonstration program under which the Secretary, through a competitive, merit-reviewed process, shall enter into cooperative agreements by not later than September 30, 2025, for demonstration projects to demonstrate the construction and operation of 6 facilities to capture carbon dioxide from coal electric generation facilities, natural gas electric generation facilities, and industrial facilities.
42 U.S.C. § 16292(b)(4)(D)(ii)

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(ii) The program established under clause (i) shall include funding for commercial-scale carbon capture technology demonstrations of projects supported by the Department, including projects in addition to the projects described in subparagraph (A), including funding for not more than 2 projects to demonstrate substantial improvements in a particular technology type beyond the first of a kind demonstration and to account for considerations described in subparagraph (G).
42 U.S.C. § 16292(b)(4)(E)

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(E) Of the demonstration projects carried out under subparagraph (A)—

(i) 2 shall be designed to capture carbon dioxide from a natural gas electric generation facility;

(ii) 2 shall be designed to capture carbon dioxide from a coal electric generation facility; and

(iii) 2 shall be designed to capture carbon dioxide from an industrial facility not purposed for electric generation.
42 U.S.C. § 16292(b)(4)(F)

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(F) Each demonstration project under the demonstration program under subparagraph (A)—

(i) shall be designed to further the development, deployment, and commercialization of technologies to capture and sequester carbon dioxide emissions from new and existing coal electric generation facilities, natural gas electric generation facilities, and industrial facilities;

(ii) shall be financed in part by the private sector; and

(iii) if necessary, shall secure agreements for the offtake of carbon dioxide emissions captured by qualifying technologies during the project.
42 U.S.C. § 16292(b)(4)(F)(iii)

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(iii) if necessary, shall secure agreements for the offtake of carbon dioxide emissions captured by qualifying technologies during the project.
42 U.S.C. § 16292(b)(4)(G)(i)

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(i) To be eligible to enter into an agreement with the Secretary for a demonstration project under subparagraphs (A) and (D), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
42 U.S.C. § 16292(b)(4)(G)(ii)(I)

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(I) ensure a broad geographic distribution of project sites;
42 U.S.C. § 16292(b)(4)(H)(i)(I)

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(I) Not later than 1 year after December 27, 2020, the Comptroller General of the United States shall conduct, and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the results of, a study of the successes, failures, practices, and improvements of the Department in carrying out demonstration projects under this paragraph.
42 U.S.C. § 16292(b)(4)(H)(i)(II)(bb)

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(bb) project management practices at the Department;
42 U.S.C. § 16292(b)(4)(H)(i)(II)(cc)

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(cc) economic or market changes and other factors impacting project viability;
42 U.S.C. § 16292(b)(4)(I)(i)(II)

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(II) a process for ensuring that any projects carried out under a cooperative agreement entered into under subparagraph (A) are designed to result in the development or demonstration of qualifying technologies.
42 U.S.C. § 16292(b)(4)(I)(ii)(III)(bb)

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(bb) a schedule for the planned construction and operation of each demonstration or pilot project under the demonstration program; and
42 U.S.C. § 16292(d)(1)(B)

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(B) subject to paragraph (2), for activities under the large-scale pilot projects program component described in subsection (b)(2)(B)—

(i) $225,000,000 for each of fiscal years 2021 and 2022;

(ii) $200,000,000 for each of fiscal years 2023 and 2024; and

(iii) $150,000,000 for fiscal year 2025;
42 U.S.C. § 16292(d)(1)(C)

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(C) for activities under the demonstration projects program component described in subsection (b)(2)(C)—

(i) $500,000,000 for each of fiscal years 2021 though 2024; and

(ii) $600,000,000 for fiscal year 2025;
42 U.S.C. § 16292(e)(2)(B)

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(B) support large-scale pilot projects and demonstration projects and test carbon capture technologies; and
42 U.S.C. § 16293(c)(1)

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(1) The Secretary shall establish a demonstration program under which the Secretary shall provide funding for demonstration projects to collect and validate information on the cost and feasibility of commercial deployment of large-scale carbon sequestration technologies.
42 U.S.C. § 16293(c)(2)

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(2) In carrying out paragraph (1), the Secretary may provide additional funding to regional carbon sequestration partnerships that are carrying out or have completed a large-scale carbon sequestration demonstration project under this section (as in effect on the day before December 27, 2020) for additional work on that project.
42 U.S.C. § 16293(c)(3)

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(3) Each demonstration project carried out under this subsection shall include longitudinal tests involving carbon dioxide injection and monitoring, mitigation, and verification operations.
42 U.S.C. § 16293(c)(4)(A)

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(A) existing or completed demonstration projects receiving additional funding under paragraph (2); and
42 U.S.C. § 16293(c)(4)(B)

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(B) any new demonstration projects funded under this subsection.
42 U.S.C. § 16293(c)(5)(A)

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(A) assesses the progress of all regional carbon sequestration partnerships carrying out a demonstration project under this subsection;
42 U.S.C. § 16293(d)(1)

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(1) The Secretary may transition large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes.
42 U.S.C. § 16293(d)(2)

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(2) The goals and objectives of the Secretary in seeking to transition large-scale carbon sequestration demonstration projects into integrated commercial storage complexes under paragraph (1) shall be—

(A) to identify geologic storage sites that are able to accept large volumes of carbon dioxide acceptable for commercial contracts;

(B) to understand the technical and commercial viability of carbon dioxide geologic storage sites; and

(C) to carry out any other activities necessary to transition the large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes.
42 U.S.C. § 16293(d)(2)(C)

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(C) to carry out any other activities necessary to transition the large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes.
42 U.S.C. § 16293(e)(1)

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(1) The Secretary shall establish a commercialization program under which the Secretary shall provide funding for the development of new or expanded commercial large-scale carbon sequestration projects and associated carbon dioxide transport infrastructure, including funding for the feasibility, site characterization, permitting, and construction stages of project development.
42 U.S.C. § 16293(e)(2)(B)(i)

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(i) is open to projects at any stage of development described in paragraph (1); and
42 U.S.C. § 16293(e)(2)(B)(ii)

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(ii) facilitates expeditious development of projects described in that paragraph.
42 U.S.C. § 16293(e)(2)(C)

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(C) In selecting projects for funding under paragraph (1), the Secretary shall give priority to—

(i) projects with substantial carbon dioxide storage capacity; or

(ii) projects that will store carbon dioxide from multiple carbon capture facilities.
42 U.S.C. § 16293(e)(2)(C)(i)

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(i) projects with substantial carbon dioxide storage capacity; or
42 U.S.C. § 16293(e)(2)(C)(ii)

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(ii) projects that will store carbon dioxide from multiple carbon capture facilities.
42 U.S.C. § 16298(c)

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(c) In supporting demonstration and commercialization research under the program described in subsection (a), the Secretary shall prioritize consideration of projects that—

(1) have access to a carbon dioxide emissions stream generated by a stationary source in the United States that is capable of supplying not less than 250 metric tons per day of carbon dioxide for research;

(2) have access to equipment for testing small-scale carbon dioxide utilization technologies, with onsite access to larger test bays for scale-up; and

(3) have 1 or more existing partnerships with a National Laboratory, an institution of higher education, a private company, or a State or other government entity.
42 U.S.C. § 16298b(d)(3)

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(3) In selecting proposed projects to receive financial assistance under this subsection, the Secretary shall give special consideration to the extent to which the proposed project will—

(A) stimulate the creation or increased retention of jobs in the United States; and

(B) promote and enhance technology leadership in the United States.
42 U.S.C. § 16298c(a)(1)(A)

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(A) make appointments to positions in the National Energy Technology Laboratory to assist in meeting a specific project or research need, without regard to civil service laws, of individuals who—

(i) have an advanced scientific or engineering background; or

(ii) have a business background and can assist in specific technology-to-market needs;
42 U.S.C. § 16298d(e)(3)(B)

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(B) monitoring and verification procedures for projects selected to receive a prize under the prize competition.
42 U.S.C. § 16298d(e)(4)(A)

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(A) With respect to projects described in paragraph (2)(A), to be eligible to be awarded a prize under the prize competition, a project shall—

(i) meet minimum performance standards set by the Secretary;

(ii) meet minimum levels set by the Secretary for the capture of carbon dioxide from dilute media; and

(iii) demonstrate in the application of the project for a prize—

(I) a design for a promising carbon capture technology that will—

(aa) be operated on a demonstration scale; and

(bb) have the potential to achieve significant reduction in the level of carbon dioxide in the atmosphere;

(II) a successful bench-scale demonstration of a carbon capture technology; or

(III) an operational carbon capture technology on a commercial scale.
42 U.S.C. § 16298d(e)(4)(A)(iii)

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(iii) demonstrate in the application of the project for a prize—

(I) a design for a promising carbon capture technology that will—

(aa) be operated on a demonstration scale; and

(bb) have the potential to achieve significant reduction in the level of carbon dioxide in the atmosphere;

(II) a successful bench-scale demonstration of a carbon capture technology; or

(III) an operational carbon capture technology on a commercial scale.
42 U.S.C. § 16298d(e)(4)(B)(i)

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(i) With respect to projects described in paragraph (2)(B), the Secretary shall award prizes under the prize competition to qualified direct air capture facilities for metric tons of qualified carbon dioxide captured and verified at the point of disposal, injection, or utilization.
42 U.S.C. § 16298d(f)(2)(B)

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(B) support large-scale pilot and demonstration projects and test direct air capture and storage technologies; and
42 U.S.C. § 16298d(g)

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(g) In supporting the technology development activities under this section, the Secretary is encouraged to support carbon removal pilot and demonstration projects, including—

(1) pilot projects that test direct air capture systems capable of capturing 10 to 100 tonnes of carbon oxides per year to provide data for demonstration-scale projects; and

(2) direct air capture demonstration projects capable of capturing greater than 1,000 tonnes of carbon oxides per year.
42 U.S.C. § 16298d(g)(1)

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(1) pilot projects that test direct air capture systems capable of capturing 10 to 100 tonnes of carbon oxides per year to provide data for demonstration-scale projects; and
42 U.S.C. § 16298d(g)(2)

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(2) direct air capture demonstration projects capable of capturing greater than 1,000 tonnes of carbon oxides per year.
42 U.S.C. § 16298d(j)(1)(A)

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(A) The term “eligible project” means a direct air capture project or a component project of a regional direct air capture hub.
42 U.S.C. § 16298d(j)(1)(B)

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(B) The term “regional direct air capture hub” means a network of direct air capture projects, potential carbon dioxide utilization off-takers, connective carbon dioxide transport infrastructure, subsurface resources, and sequestration infrastructure located within a region.
42 U.S.C. § 16298d(j)(2)(A)

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(A) The Secretary shall establish a program under which the Secretary shall provide funding for eligible projects that contribute to the development of 4 regional direct air capture hubs described in subparagraph (B).
42 U.S.C. § 16298d(j)(2)(B)(i)

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(i) facilitates the deployment of direct air capture projects;
42 U.S.C. § 16298d(j)(3)(A)(i)

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(i) Not later than 180 days after November 15, 2021, the Secretary shall solicit applications for funding for eligible projects.
42 U.S.C. § 16298d(j)(3)(A)(ii)

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(ii) The Secretary shall solicit applications for funding for eligible projects on a recurring basis after the first round of applications is received under clause (i) until all amounts appropriated to carry out this subsection are expended.
42 U.S.C. § 16298d(j)(3)(B)

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(B) Not later than 3 years after the date of the deadline for the submission of proposals under subparagraph (A)(i), the Secretary shall select eligible projects described in paragraph (2)(A).
42 U.S.C. § 16298d(j)(3)(C)

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(C) The Secretary shall select eligible projects under subparagraph (B) using the following criteria:

(i) To the maximum extent practicable, each eligible project shall be located in a region with—

(I) existing carbon-intensive fuel production or industrial capacity; or

(II) carbon-intensive fuel production or industrial capacity that has retired or closed in the preceding 10 years.

(ii) To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the United States.

(iii) To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization.

(iv) To the maximum extent practicable, eligible projects shall contribute to the development of at least 2 regional direct air capture hubs located in economically distressed communities in the regions of the United States with high levels of coal, oil, or natural gas resources.

(v) The Secretary shall give priority to eligible projects that, as compared to other eligible projects, will contribute to the development of regional direct air capture hubs with larger initial capacity, greater potential for expansion, and lower levelized cost per ton of carbon dioxide removed from the atmosphere.

(vi) The Secretary shall give priority to eligible projects that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region.

(vii) The Secretary may take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate to carry out this subsection.
42 U.S.C. § 16298d(j)(3)(C)(i)

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(i) To the maximum extent practicable, each eligible project shall be located in a region with—

(I) existing carbon-intensive fuel production or industrial capacity; or

(II) carbon-intensive fuel production or industrial capacity that has retired or closed in the preceding 10 years.
42 U.S.C. § 16298d(j)(3)(C)(ii)

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(ii) To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the United States.
42 U.S.C. § 16298d(j)(3)(C)(iii)

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(iii) To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization.
42 U.S.C. § 16298d(j)(3)(C)(iv)

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(iv) To the maximum extent practicable, eligible projects shall contribute to the development of at least 2 regional direct air capture hubs located in economically distressed communities in the regions of the United States with high levels of coal, oil, or natural gas resources.
42 U.S.C. § 16298d(j)(3)(C)(v)

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(v) The Secretary shall give priority to eligible projects that, as compared to other eligible projects, will contribute to the development of regional direct air capture hubs with larger initial capacity, greater potential for expansion, and lower levelized cost per ton of carbon dioxide removed from the atmosphere.
42 U.S.C. § 16298d(j)(3)(C)(vi)

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(vi) The Secretary shall give priority to eligible projects that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region.
42 U.S.C. § 16298d(j)(3)(E)

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(E) The Secretary may make grants to, or enter into cooperative agreements or contracts with, each eligible project selected under subparagraph (B) to accelerate commercialization of, and demonstrate the removal, processing, transport, sequestration, and utilization of, carbon dioxide captured from the atmosphere.
42 U.S.C. § 16298e(b)(3)

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(3) identifies recommendations for legislation, funding, rules, revisions to rules, financing mechanisms, or other policy tools that the Federal Government can use to sufficiently advance the deployment of carbon dioxide removal projects in order to meet, in the aggregate, the magnitude of needed removals estimated under paragraph (1), including policy tools, such as—

(A) grants;

(B) loans or loan guarantees;

(C) public-private partnerships;

(D) direct procurement;

(E) incentives, including subsidized Federal financing mechanisms available to project developers;

(F) advance market commitments;

(G) regulations; and

(H) any other policy mechanism determined by the Secretary to be beneficial for advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects.
42 U.S.C. § 16298e(b)(3)(E)

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(E) incentives, including subsidized Federal financing mechanisms available to project developers;
42 U.S.C. § 16298e(b)(3)(H)

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(H) any other policy mechanism determined by the Secretary to be beneficial for advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects.
42 U.S.C. § 16298e(e)(1)(A)

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(A) to identify barriers to advancement of carbon dioxide removal methods and the deployment of carbon dioxide removal projects;
42 U.S.C. § 16298e(e)(1)(B)

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(B) to inventory existing or potential Federal legislation, rules, revisions to rules, financing mechanisms, or other policy tools that are capable of advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects;
42 U.S.C. § 16311(d)

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(d) In addition to amounts otherwise authorized by this section, there are authorized to be appropriated to the Secretary for integrated bioenergy research and development programs, projects, and activities, $49,000,000 for each of the fiscal years 2005 through 2009. Activities funded under this subsection shall be coordinated with ongoing related programs of other Federal agencies, including the Plant Genome Program of the National Science Foundation. Of the funds authorized under this subsection, at least $5,000,000 for each fiscal year shall be for training and education targeted to minority and socially disadvantaged farmers and ranchers.
42 U.S.C. § 16312(c)(1)

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(1) There is authorized United States participation in the construction and operations of the ITER project, as agreed to under the April 25, 2007 “Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project”. The Director shall coordinate and carry out the responsibilities of the United States with respect to this Agreement.
42 U.S.C. § 16317(d)

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(d) Within the funds authorized to be appropriated pursuant to this part, amounts shall be available for projects to develop, plan, construct, acquire, or operate special equipment, instrumentation, or facilities, including user facilities at National Laboratories, for researchers conducting research, development, demonstration, and commercial application in systems biology and proteomics and associated biological disciplines.
42 U.S.C. § 16320(a)(5)

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(5) The terms “Spallation Neutron Source Project” and “Project” means Department Project 99–E–334, Oak Ridge National Laboratory, Oak Ridge, Tennessee.
42 U.S.C. § 16320(b)(1)

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(1) The Secretary shall submit to Congress, as part of the annual budget request of the President submitted to Congress, a report on progress on the Spallation Neutron Source Project.
42 U.S.C. § 16320(b)(2)

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(2) The report shall include for the Project—

(A) a description of the achievement of milestones;

(B) a comparison of actual costs to estimated costs; and

(C) any changes in estimated Project costs or schedule.
42 U.S.C. § 16320(b)(2)(C)

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(C) any changes in estimated Project costs or schedule.
42 U.S.C. § 16320(d)(1)

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(1) There is authorized to be appropriated to carry out the Spallation Neutron Source Project for the lifetime of the Project $1,411,700,000 for total project costs, of which—

(A) $1,192,700,000 shall be used for the costs of construction; and

(B) $219,000,000 shall be used for other Project costs.
42 U.S.C. § 16320(d)(1)(B)

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(B) $219,000,000 shall be used for other Project costs.
42 U.S.C. § 16323(b)(3)

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(3) developing programs to permit current and future teachers to participate in ongoing research projects at National Laboratories and research universities and to adapt lessons learned to the classroom;
42 U.S.C. § 16357(b)(2)(A)

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(A) the current priority list of proposed facilities and infrastructure projects, including cost and schedule requirements;
42 U.S.C. § 16357(b)(2)(D)

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(D) the current status of each facility and infrastructure project compared to the original baseline cost, schedule, and scope.
42 U.S.C. § 16360

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The Administrator of the Environmental Protection Agency, in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in Southwestern Michigan. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8-hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8-hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after August 8, 2005, and shall not impose any requirement or sanction under the Clean Air Act (42 U.S.C. 7401 et seq.) that might otherwise apply during the pendency of the demonstration project.
42 U.S.C. § 16372(a)

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(a) The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this part—

(1) a Federal credit instrument under section 16373 of this title;

(2) a grant under section 16374 of this title; or

(3) both a Federal credit instrument and a grant.
42 U.S.C. § 16372(b)(1)

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(1) A project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if—

(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and

(B) the project meets the criteria described in this subsection.
42 U.S.C. § 16372(b)(1)(A)

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(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and
42 U.S.C. § 16372(b)(1)(B)

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(B) the project meets the criteria described in this subsection.
42 U.S.C. § 16372(b)(2)(A)

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(A) Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B).
42 U.S.C. § 16372(b)(2)(B)

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(B) The Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of—

(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment);

(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements;

(iii) the projected financial strength of the obligor—

(I) at the time of loan close; and

(II) throughout the loan term, including after the project is completed;

(iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and

(v) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.
42 U.S.C. § 16372(b)(2)(B)(i)

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(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment);
42 U.S.C. § 16372(b)(2)(B)(iii)(II)

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(II) throughout the loan term, including after the project is completed;
42 U.S.C. § 16372(b)(3)

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(3) To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
42 U.S.C. § 16372(b)(4)

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(4) A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000.
42 U.S.C. § 16372(b)(7)

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(7) The Secretary shall determine that financial assistance for each project under the CIFIA program will—

(A) attract public or private investment for the project; or

(B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project.
42 U.S.C. § 16372(b)(7)(A)

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(A) attract public or private investment for the project; or
42 U.S.C. § 16372(b)(7)(B)

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(B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project.
42 U.S.C. § 16372(b)(8)

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(8) To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program.
42 U.S.C. § 16372(c)(1)

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(1) The Secretary shall establish an application process under which projects that are eligible to receive assistance under subsection (b) may—

(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and

(B) receive grants under section 16374 of this title if—

(i) adequate funds are available to cover the amount of the grant; and

(ii) the Secretary determines that the project is eligible under subsection (b).
42 U.S.C. § 16372(c)(1)(A)

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(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and
42 U.S.C. § 16372(c)(1)(B)(ii)

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(ii) the Secretary determines that the project is eligible under subsection (b).
42 U.S.C. § 16372(c)(2)

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(2) In selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority to projects that—

(A) are large-capacity, common carrier infrastructure;

(B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air;

(C) enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air, with the goal of enabling projects in all major carbon dioxide-emitting regions of the United States; and

(D) are sited within, or adjacent to, existing pipeline or other linear infrastructure corridors, in a manner that minimizes environmental disturbance and other siting concerns.
42 U.S.C. § 16372(c)(2)(B)

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(B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air;
42 U.S.C. § 16372(c)(2)(C)

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(C) enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air, with the goal of enabling projects in all major carbon dioxide-emitting regions of the United States; and
42 U.S.C. § 16372(c)(3)(A)

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(A) The Secretary may enter into a master credit agreement for a project that the Secretary determines—

(i) will likely be eligible for credit assistance under subsection (b), on obtaining—

(I) additional commitments from associated carbon capture projects to use the project; or

(II) all necessary permits and approvals; and

(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2).
42 U.S.C. § 16372(c)(3)(A)(i)(I)

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(I) additional commitments from associated carbon capture projects to use the project; or
42 U.S.C. § 16372(c)(3)(A)(ii)

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(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2).
42 U.S.C. § 16372(c)(3)(B)

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(B) If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect—

(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and

(II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or

(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument.
42 U.S.C. § 16372(d)(2)

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(2) Federal credit assistance may only be provided under this part for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
42 U.S.C. § 16372(e)(1)

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(1) Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States.
42 U.S.C. § 16372(e)(2)(C)

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(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent.
42 U.S.C. § 16373(a)(1)(A)(i)

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(i) to finance eligible project costs of any project selected under section 16372 of this title;
42 U.S.C. § 16373(a)(1)(A)(ii)

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(ii) to refinance interim construction financing of eligible project costs of any project selected under section 16372 of this title; or
42 U.S.C. § 16373(a)(1)(A)(iii)

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(iii) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that—

(I) is selected under section 16372 of this title; or

(II) otherwise meets the requirements of that section; and
42 U.S.C. § 16373(b)(1)

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(1) A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate.
42 U.S.C. § 16373(b)(4)(B)(i)(I)(aa)

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(aa) the date on which an application acceptable to the Secretary is submitted for the applicable project; or
42 U.S.C. § 16373(b)(4)(B)(i)(I)(bb)

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(bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and
42 U.S.C. § 16373(b)(4)(B)(i)(II)

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(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan.
42 U.S.C. § 16373(b)(4)(B)(ii)

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(ii) The interest rate referred to in clause (i) is the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan in effect, as applicable to the project that is the subject of the secured loan, on—

(I) the date described in clause (i)(I)(aa); or

(II) the date described in clause (i)(I)(bb).
42 U.S.C. § 16373(b)(5)(A)

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(A) the date that is 35 years after the date of substantial completion of the project; and
42 U.S.C. § 16373(b)(6)(B)(i)(II)

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(II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues.
42 U.S.C. § 16373(b)(8)

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(8) The total Federal assistance provided for a project under the CIFIA program, including any grant provided under section 16374 of this title, shall not exceed an amount equal to 80 percent of the eligible project costs.
42 U.S.C. § 16373(c)(1)(A)

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(A) the projected cash flow from project revenues and other repayment sources; and
42 U.S.C. § 16373(c)(1)(B)

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(B) the useful life of the project.
42 U.S.C. § 16373(c)(2)

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(2) Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project.
42 U.S.C. § 16373(c)(3)(A)

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(A) If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
42 U.S.C. § 16373(c)(3)(C)(i)

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(i) Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary.
42 U.S.C. § 16373(d)(1)

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(1) Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms.
42 U.S.C. § 16374(a)

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(a) The Secretary may provide grants to pay a portion of the cost differential, with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection (b), between—

(1) the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and

(2) the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required, based on commitments for the use of the asset.
42 U.S.C. § 16374(a)(1)

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(1) the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and
42 U.S.C. § 16374(b)(2)

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(2) carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and
42 U.S.C. § 16374(c)

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(c) A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2).
42 U.S.C. § 16375(d)

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(d) The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments.
42 U.S.C. § 16376

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The provision of credit assistance under the CIFIA program with respect to a project shall not—
42 U.S.C. § 16376(1)

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(1) relieve any recipient of the assistance of any project obligation to obtain any required State or local permit or approval with respect to the project;
42 U.S.C. § 16376(2)

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(2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or
42 U.S.C. § 16376(3)

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(3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project.
42 U.S.C. § 16391(f)(1)

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(1) description of the projects carried out with awards from the Fund for that fiscal year;
42 U.S.C. § 16391(f)(2)

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(2) each project’s cost-share for that fiscal year; and
42 U.S.C. § 16391(f)(3)

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(3) each project’s partners for that fiscal year.
42 U.S.C. § 16392(d)

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(d) The Secretary shall authorize the director of each National Laboratory or single-purpose research facility to implement the Program at the National Laboratory or facility through one or more projects that meet the requirements of subsections (e) and (f).
42 U.S.C. § 16392(e)(1)

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(1) Each project funded under this section shall meet the requirements of this subsection.
42 U.S.C. § 16392(e)(2)

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(2) Each project shall include at least one of each of the following entities:

(A) A business.

(B) An institution of higher education.

(C) A nonprofit institution.

(D) An agency of a State, local, or tribal government.
42 U.S.C. § 16392(e)(3)(A)

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(A) The costs of carrying out projects under this section shall be shared in accordance with section 16352 of this title.
42 U.S.C. § 16392(e)(3)(B)

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(B) The calculation of costs paid by the non-Federal sources for a project shall include cash, personnel, services, equipment, and other resources expended on the project after the commencement of the project.
42 U.S.C. § 16392(e)(3)(C)

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(C) Independent research and development expenses of Government contractors that qualify for reimbursement under section 31.205–18(e) of title 48, Code of Federal Regulations, issued pursuant to section 1303(a)(1) of title 41, may be credited towards costs paid by non-Federal sources to a project, if the expenses meet the other requirements of this section.
42 U.S.C. § 16392(e)(4)

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(4) A project under this section shall be competitively selected using procedures determined by the Secretary.
42 U.S.C. § 16392(e)(5)

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(5) Any participant that receives funds under this section may use generally accepted accounting principles for maintaining accounts, books, and records relating to the project.
42 U.S.C. § 16392(e)(6)

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(6) No Federal funds shall be made available under this section for a construction project or for any project with a duration of more than 5 years.
42 U.S.C. § 16392(f)(1)

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(1) The Secretary shall allocate funds under this section only if the Director of the National Laboratory or single-purpose research facility managing the project determines that the project is likely to improve the ability of the National Laboratory or single-purpose research facility to achieve technical success in meeting departmental missions.
42 U.S.C. § 16392(f)(2)

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(2) In selecting a project to receive Federal funds, the Secretary shall consider—

(A) the potential of the project to promote the development of a commercially sustainable technology cluster following the period of investment by the Department, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility;

(B) the potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating National Laboratory or single-purpose research facility to achieve its mission or the commercial development of technological innovations made at the participating National Laboratory or single-purpose research facility;

(C) the extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the missions of the participating National Laboratory or single-purpose research facility and that will make substantive contributions to achieving the goals of the project;

(D) the extent to which the project focuses on promoting the development of technology-related business concerns that are small businesses or involves such small businesses substantively in the project; and

(E) such other criteria as the Secretary determines to be appropriate.
42 U.S.C. § 16392(f)(2)(A)

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(A) the potential of the project to promote the development of a commercially sustainable technology cluster following the period of investment by the Department, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility;
42 U.S.C. § 16392(f)(2)(B)

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(B) the potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating National Laboratory or single-purpose research facility to achieve its mission or the commercial development of technological innovations made at the participating National Laboratory or single-purpose research facility;
42 U.S.C. § 16392(f)(2)(C)

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(C) the extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the missions of the participating National Laboratory or single-purpose research facility and that will make substantive contributions to achieving the goals of the project;
42 U.S.C. § 16392(f)(2)(D)

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(D) the extent to which the project focuses on promoting the development of technology-related business concerns that are small businesses or involves such small businesses substantively in the project; and
42 U.S.C. § 16392(g)

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(g) In allocating funds for projects approved under this section, the Secretary shall provide—

(1) the Federal share of the project costs; and

(2) additional funds to the National Laboratory or single-purpose research facility managing the project to permit the National Laboratory or single-purpose research facility to carry out activities relating to the project, and to coordinate the activities with the project.
42 U.S.C. § 16392(g)(1)

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(1) the Federal share of the project costs; and
42 U.S.C. § 16392(g)(2)

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(2) additional funds to the National Laboratory or single-purpose research facility managing the project to permit the National Laboratory or single-purpose research facility to carry out activities relating to the project, and to coordinate the activities with the project.
42 U.S.C. § 16395

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Except as otherwise provided in this Act or an amendment made by this Act, the Secretary shall carry out the research, development, demonstration, and commercial application programs, projects, and activities authorized by this Act or an amendment made by this Act in accordance with the applicable provisions of—
42 U.S.C. § 16395(6)

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(6) any other Act under which the Secretary is authorized to carry out the programs, projects, and activities.
42 U.S.C. § 16396(b)

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(b) The program under subsection (a) may include prizes for the achievement of goals articulated by the Secretary in a specific area through a widely advertised solicitation of submission of results for research, development, demonstration, or commercial application projects.
42 U.S.C. § 16396(d)

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(d) The program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of the Secretary to acquire, support, or stimulate research, development, demonstration, or commercial application projects.
42 U.S.C. § 16421(a)

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(a) The Secretary, acting through the Administrator of the Western Area Power Administration (hereinafter in this section referred to as “WAPA”), or through the Administrator of the Southwestern Power Administration (hereinafter in this section referred to as “SWPA”), or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, an electric power transmission facility and related facilities (“Project”) needed to upgrade existing transmission facilities owned by SWPA or WAPA if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project—

(A) is located in a national interest electric transmission corridor designated under section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)] and will reduce congestion of electric transmission in interstate commerce; or

(B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity;

(2) is consistent with—

(A) transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [16 U.S.C. 791a et seq.]), if any, or approved regional reliability organization; and

(B) efficient and reliable operation of the transmission grid; and

(3) would be operated in conformance with prudent utility practice.
42 U.S.C. § 16421(b)

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(b) The Secretary, acting through WAPA or SWPA, or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, a new electric power transmission facility and related facilities (“Project”) located within any State in which WAPA or SWPA operates if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project—

(A) is located in an area designated under section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)] and will reduce congestion of electric transmission in interstate commerce; or

(B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity;

(2) is consistent with—

(A) transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [16 U.S.C. 791a et seq.]) if any, or approved regional reliability organization; and

(B) efficient and reliable operation of the transmission grid;

(3) will be operated in conformance with prudent utility practice;

(4) will be operated by, or in conformance with the rules of, the appropriate (A) Transmission Organization, if any, or (B) if such an organization does not exist, regional reliability organization; and

(5) will not duplicate the functions of existing transmission facilities or proposed facilities which are the subject of ongoing or approved siting and related permitting proceedings.
42 U.S.C. § 16421(c)(1)

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(1) In carrying out a Project under subsection (a) or (b), the Secretary may accept and use funds contributed by another entity for the purpose of carrying out the Project.
42 U.S.C. § 16421(c)(2)

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(2) The contributed funds shall be available for expenditure for the purpose of carrying out the Project—

(A) without fiscal year limitation; and

(B) as if the funds had been appropriated specifically for that Project.
42 U.S.C. § 16421(c)(2)(B)

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(B) as if the funds had been appropriated specifically for that Project.
42 U.S.C. § 16421(c)(3)

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(3) In carrying out a Project under subsection (a) or (b), any costs of the Project not paid for by contributions from another entity shall be collected through rates charged to customers using the new transmission capability provided by the Project and allocated equitably among these project beneficiaries using the new transmission capability.
42 U.S.C. § 16421a(b)(4)

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(4) The Administrator may permit other entities to participate in the financing, construction and ownership projects financed under this section.
42 U.S.C. § 16421a(c)(1)

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(1) For repayment purposes, each transmission line and related facility project in which the Western Area Power Administration participates pursuant to this section shall be treated as separate and distinct from—

(A) each other such project; and

(B) all other Western Area Power Administration power and transmission facilities.
42 U.S.C. § 16421a(c)(1)(A)

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(A) each other such project; and
42 U.S.C. § 16421a(c)(2)

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(2) The Western Area Power Administration shall apply the proceeds from the use of the transmission capacity from an individual project under this section to the repayment of the principal and interest of the loan from the Treasury attributable to that project, after reserving such funds as the Western Area Power Administration determines are necessary—

(A) to pay for any ancillary services that are provided; and

(B) to meet the costs of operating and maintaining the new project from which the revenues are derived.
42 U.S.C. § 16421a(c)(2)(B)

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(B) to meet the costs of operating and maintaining the new project from which the revenues are derived.
42 U.S.C. § 16421a(c)(3)

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(3) Revenue from the use of projects under this section shall be the only source of revenue for—

(A) repayment of the associated loan for the project; and

(B) payment of expenses for ancillary services and operation and maintenance.
42 U.S.C. § 16421a(c)(3)(A)

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(A) repayment of the associated loan for the project; and
42 U.S.C. § 16421a(c)(5)

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(5) Revenue from ancillary services provided by existing Federal power systems to users of transmission projects funded pursuant to this section shall be treated as revenue to the existing power system that provided the ancillary services.
42 U.S.C. § 16421a(d)(1)

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(1) For each project in which the Western Area Power Administration participates pursuant to this section, the Administrator shall certify, prior to committing funds for any such project, that—

(A) the project is in the public interest;

(B) the project will not adversely impact system reliability or operations, or other statutory obligations; and

(C) it is reasonable to expect that the proceeds from the project shall be adequate to make repayment of the loan.
42 U.S.C. § 16421a(d)(1)(A)

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(A) the project is in the public interest;
42 U.S.C. § 16421a(d)(1)(B)

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(B) the project will not adversely impact system reliability or operations, or other statutory obligations; and
42 U.S.C. § 16421a(d)(1)(C)

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(C) it is reasonable to expect that the proceeds from the project shall be adequate to make repayment of the loan.
42 U.S.C. § 16421a(d)(2)(A)

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(A) If, at the end of the useful life of a project, there is a remaining balance owed to the Treasury under this section, the balance shall be forgiven.
42 U.S.C. § 16421a(d)(2)(B)

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(B) Funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven.
42 U.S.C. § 16421a(e)(2)

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(2) In the course of selecting potential projects to be funded under this section, the Administrator shall seek Requests For Interest from entities interested in identifying potential projects through one or more notices published in the Federal Register.
42 U.S.C. § 16493(a)(1)

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(1) There is established the National Priority Project Designation (referred to in this section as the “Designation”), which shall be evidenced by a medal bearing the inscription “National Priority Project”.
42 U.S.C. § 16493(b)(2)

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(2) The President shall designate projects with such ceremonies as the President may prescribe.
42 U.S.C. § 16493(b)(3)

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(3) An organization that receives a Designation under this section may publicize the Designation of the organization as a National Priority Project in advertising.
42 U.S.C. § 16493(b)(4)

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(4) Separate Designations shall be made to qualifying projects in each of the following categories:

(A) Wind and biomass energy generation projects.

(B) Photovoltaic and fuel cell energy generation projects.

(C) Energy efficient building and renewable energy projects.

(D) First-in-Class projects.
42 U.S.C. § 16493(b)(4)(A)

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(A) Wind and biomass energy generation projects.
42 U.S.C. § 16493(b)(4)(B)

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(B) Photovoltaic and fuel cell energy generation projects.
42 U.S.C. § 16493(b)(4)(C)

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(C) Energy efficient building and renewable energy projects.
42 U.S.C. § 16493(b)(4)(D)

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(D) First-in-Class projects.
42 U.S.C. § 16493(c)(1)

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(1) Certification and selection of the projects to receive the Designation shall be based on criteria established under this subsection.
42 U.S.C. § 16493(c)(2)

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(2) In the case of a wind, biomass, or building project, the project shall demonstrate that the project will install not less than 30 megawatts of renewable energy generation capacity.
42 U.S.C. § 16493(c)(3)

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(3) In the case of a solar photovoltaic or fuel cell project, the project shall demonstrate that the project will install not less than 3 megawatts of renewable energy generation capacity.
42 U.S.C. § 16493(c)(4)

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(4) In the case of an energy efficient building or renewable energy project, in addition to meeting the criteria established under paragraph (2), each building project shall demonstrate that the project will—

(A) comply with third-party certification standards for high-performance, sustainable buildings;

(B) use whole-building integration of energy efficiency and environmental performance design and technology, including advanced building controls;

(C) use renewable energy for at least 50 percent of the energy consumption of the project;

(D) comply with applicable Energy Star standards; and

(E) include at least 5,000,000 square feet of enclosed space.
42 U.S.C. § 16493(c)(4)(C)

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(C) use renewable energy for at least 50 percent of the energy consumption of the project;
42 U.S.C. § 16493(c)(5)

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(5) Notwithstanding paragraphs (2) through (4), a new building project may qualify under this section if the Secretary determines that the project—

(A) represents a First-In-Class use of renewable energy; or

(B) otherwise establishes a new paradigm of building integrated renewable energy use or energy efficiency.
42 U.S.C. § 16493(d)(2)

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(2) The application shall describe the project, or planned project, and the plans to meet the criteria established under subsection (c).
42 U.S.C. § 16493(e)(1)

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(1) Not later than 60 days after the application period described in subsection (d), and annually thereafter, the Secretary shall certify projects that are reasonably expected to meet the criteria established under subsection (c).
42 U.S.C. § 16493(e)(2)

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(2) The Secretary shall designate personnel of the Department to work with persons carrying out each certified project and ensure that the personnel—

(A) provide each certified project with guidance in meeting the criteria established under subsection (c);

(B) identify programs of the Department, including National Laboratories and Technology Centers, that will assist each project in meeting the criteria established under subsection (c); and

(C) ensure that knowledge and transfer of the most current technology between the applicable resources of the Federal Government (including the National Laboratories and Technology Centers, the Department, and the Environmental Protection Agency) and the certified projects is being facilitated to accelerate commercialization of work developed through those resources.
42 U.S.C. § 16493(e)(2)(A)

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(A) provide each certified project with guidance in meeting the criteria established under subsection (c);
42 U.S.C. § 16493(e)(2)(B)

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(B) identify programs of the Department, including National Laboratories and Technology Centers, that will assist each project in meeting the criteria established under subsection (c); and
42 U.S.C. § 16493(e)(2)(C)

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(C) ensure that knowledge and transfer of the most current technology between the applicable resources of the Federal Government (including the National Laboratories and Technology Centers, the Department, and the Environmental Protection Agency) and the certified projects is being facilitated to accelerate commercialization of work developed through those resources.
42 U.S.C. § 16502(b)

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(b) In carrying out the program under subsection (a), the Administrator shall give priority to projects that enhance the geographical diversity of alternative fuels production and utilize feedstocks that represent 10 percent or less of ethanol or biodiesel fuel production in the United States during the previous fiscal year.
42 U.S.C. § 16502(c)(1)

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(1) As part of the program under subsection (a), the Administrator shall fund demonstration projects—

(A) to develop not less than 4 different conversion technologies for producing cellulosic biomass ethanol; and

(B) to develop not less than 5 technologies for coproducing value-added bioproducts (such as fertilizers, herbicides, and pesticides) resulting from the production of biodiesel fuel.
42 U.S.C. § 16502(c)(2)

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(2) Demonstration projects under this subsection shall be—

(A) conducted based on a merit-reviewed, competitive process; and

(B) subject to the cost-sharing requirements of section 16352 of this title.
42 U.S.C. § 16503(a)

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(a) Funds may be provided for the cost (as defined in section 661a of title 2) of loan guarantees issued under title XIV¹ to carry out commercial demonstration projects for ethanol derived from sugarcane, bagasse, and other sugarcane byproducts.
42 U.S.C. § 16503(b)

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(b) The Secretary may issue loan guarantees under this section to projects to demonstrate commercially the feasibility and viability of producing ethanol using sugarcane, sugarcane bagasse, and other sugarcane byproducts as a feedstock.
42 U.S.C. § 16503(c)(1)

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(1) the project design has been validated through the operation of a continuous process facility;
42 U.S.C. § 16503(c)(2)

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(2) the project has been subject to a full technical review;
42 U.S.C. § 16503(c)(3)

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(3) the project, with the loan guarantee, is economically viable; and
42 U.S.C. § 16503(d)(1)(A)

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(A) may be issued for up to 80 percent of the estimated cost of a project; but
42 U.S.C. § 16503(d)(1)(B)

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(B) shall not exceed $50,000,000 for any 1 project.
42 U.S.C. § 16503(d)(2)(A)

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(A) The Secretary may issue additional loan guarantees for a project to cover—

(i) up to 80 percent of the excess of actual project costs; but

(ii) not to exceed 15 percent of the amount of the original loan guarantee.
42 U.S.C. § 16503(d)(2)(A)(i)

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(i) up to 80 percent of the excess of actual project costs; but
42 U.S.C. § 16511(1)(B)

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(B) The term “commercial technology” does not include a technology solely by use of the technology in a demonstration project funded by the Department.
42 U.S.C. § 16511(3)

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(3) The term “eligible project” means a project described in section 16513 of this title.
42 U.S.C. § 16512(a)

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(a) Except for division C of Public Law 108–324 [15 U.S.C. 720 et seq.], the Secretary shall make guarantees under this or any other Act for projects, including projects receiving financial support or credit enhancements from a State energy financing institution, on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, only in accordance with this section.
42 U.S.C. § 16512(c)

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(c) Unless otherwise provided by law, a guarantee by the Secretary shall not exceed an amount equal to 80 percent of the project cost of the facility that is the subject of the guarantee, as estimated at the time at which the guarantee is issued.
42 U.S.C. § 16512(d)(1)(A)

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(A) No guarantee, including a guarantee for a project receiving financial support or credit enhancements from a State energy financing institution, shall be made unless the Secretary determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the borrower.
42 U.S.C. § 16512(d)(1)(B)(iv)(II)

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(II) throughout the loan term after the project is completed;
42 U.S.C. § 16512(d)(2)

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(2) No guarantee shall be made unless the Secretary determines that the amount of the obligation (when combined with amounts available to the borrower from other sources) will be sufficient to carry out the project.
42 U.S.C. § 16512(g)(2)(A)(ii)

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(ii) permit the borrower, pursuant to an agreement with the Secretary, to continue to pursue the purposes of the project if the Secretary determines this to be in the public interest.
42 U.S.C. § 16512(g)(2)(C)(ii)

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(ii) have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project.
42 U.S.C. § 16512(g)(3)(A)(ii)

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(ii) it is in the public interest to permit the borrower to continue to pursue the purposes of the project; and
42 U.S.C. § 16512(k)

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(k) All laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part by a loan guaranteed under this subchapter shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40.
42 U.S.C. § 16512(o)(3)

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(3) conduct outreach to encourage participation of supporting finance institutions and private lenders in eligible projects and projects described in section 16517(a) of this title.
42 U.S.C. § 16512(q)

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(q) Not later than 2 years after December 27, 2020, and every 3 years thereafter, the Secretary shall submit to Congress a report on the status of applications for, and projects receiving, guarantees under this title, including—

(1) a list of such projects, including the guarantee amount, construction status, and financing partners of each such project;

(2) the status of each such project’s loan repayment, including interest paid and future repayment projections;

(3) an estimate of the air pollutant or greenhouse gas emissions avoided or reduced from each such project;

(4) data regarding the number of direct and indirect jobs retained, restored, or created by such projects;

(5) identification of—

(A) technologies deployed by projects that have received guarantees that have subsequently been deployed commercially without guarantees; and

(B) novel technologies that have been deployed by such projects and deployed in the commercial energy market;

(6) the number of new projects projected to receive a guarantee under this subchapter during the next 2 years and the aggregate guarantee amount;

(7) the number of outreach engagements conducted with potential applicants;

(8) the number of applications received and currently pending for each open solicitation; and

(9) any other metrics the Secretary finds appropriate.
42 U.S.C. § 16512(q)(1)

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(1) a list of such projects, including the guarantee amount, construction status, and financing partners of each such project;
42 U.S.C. § 16512(q)(2)

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(2) the status of each such project’s loan repayment, including interest paid and future repayment projections;
42 U.S.C. § 16512(q)(3)

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(3) an estimate of the air pollutant or greenhouse gas emissions avoided or reduced from each such project;
42 U.S.C. § 16512(q)(4)

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(4) data regarding the number of direct and indirect jobs retained, restored, or created by such projects;
42 U.S.C. § 16512(q)(5)(A)

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(A) technologies deployed by projects that have received guarantees that have subsequently been deployed commercially without guarantees; and
42 U.S.C. § 16512(q)(5)(B)

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(B) novel technologies that have been deployed by such projects and deployed in the commercial energy market;
42 U.S.C. § 16512(q)(6)

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(6) the number of new projects projected to receive a guarantee under this subchapter during the next 2 years and the aggregate guarantee amount;
42 U.S.C. § 16512(r)

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(r) For each project selected for a guarantee under this subchapter, the Secretary shall certify that political influence did not impact the selection of the project.
42 U.S.C. § 16512(r)(1)

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(1) To be eligible for a guarantee under this subchapter, a project receiving financial support or credit enhancements from a State energy financing institution—

(A) shall meet the requirements of section 16513(a)(1) of this title; and

(B) shall not be required to meet the requirements of section 16513(a)(2) of this title.
42 U.S.C. § 16512(r)(2)

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(2) In carrying out a project receiving a loan guarantee under this subchapter, State energy financing institutions may enter into partnerships with private entities, Tribal entities, and Alaska Native corporations.
42 U.S.C. § 16513(a)

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(a) The Secretary may make guarantees under this section only for projects that—

(1) avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and

(2) employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued, including projects that employ elements of commercial technologies in combination with new or significantly improved technologies.
42 U.S.C. § 16513(a)(2)

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(2) employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued, including projects that employ elements of commercial technologies in combination with new or significantly improved technologies.
42 U.S.C. § 16513(b)

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(b) Projects from the following categories shall be eligible for a guarantee under this section:

(1) Renewable energy systems.

(2) Advanced fossil energy technology (including coal gasification meeting the criteria in subsection (d)).

(3) Hydrogen fuel cell technology for residential, industrial, or transportation applications.

(4) Advanced nuclear energy facilities, including manufacturing of nuclear supply components for advanced nuclear reactors.

(5) Carbon capture, utilization, and sequestration practices and technologies, including—

(A) agricultural and forestry practices that store and sequester carbon; and

(B) synthetic technologies to remove carbon from the air and oceans.

(6) Efficient electrical generation, transmission, and distribution technologies.

(7) Efficient end-use energy technologies.

(8) Production facilities for the manufacture of fuel efficient vehicles or parts of those vehicles, including electric drive vehicles and advanced diesel vehicles.

(9) Pollution control equipment.

(10) Refineries, meaning facilities at which crude oil is refined into gasoline.

(11) Energy storage technologies for residential, industrial, transportation, and power generation applications.

(12) Technologies or processes for reducing greenhouse gas emissions from industrial applications, including iron, steel, cement, and ammonia production, hydrogen production, and the generation of high-temperature heat.

(13) Projects that increase the domestically produced supply of critical minerals (as defined in section 1606(a) of title 30), including through the production, processing, manufacturing, recycling, or fabrication of mineral alternatives.
42 U.S.C. § 16513(b)(13)

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(13) Projects that increase the domestically produced supply of critical minerals (as defined in section 1606(a) of title 30), including through the production, processing, manufacturing, recycling, or fabrication of mineral alternatives.
42 U.S.C. § 16513(c)

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(c) The Secretary may make guarantees for the following gasification projects:

(1) Integrated gasification combined cycle plants meeting the emission levels under subsection (d), including—

(A) projects for the generation of electricity—

(i) for which, during the term of the guarantee—

(I) coal, biomass, petroleum coke, or a combination of coal, biomass, and petroleum coke will account for at least 65 percent of annual heat input; and

(II) electricity will account for at least 65 percent of net useful annual energy output;

(ii) that have a design that is determined by the Secretary to be capable of accommodating the equipment likely to be necessary to capture the carbon dioxide that would otherwise be emitted in flue gas from the plant;

(iii) that have an assured revenue stream that covers project capital and operating costs (including servicing all debt obligations covered by the guarantee) that is approved by the Secretary and the relevant State public utility commission; and

(iv) on which construction commences not later than the date that is 3 years after the date of the issuance of the guarantee;

(B) a project to produce energy from coal (of not more than 13,000 Btu/lb and mined in the western United States) using appropriate advanced integrated gasification combined cycle technology that minimizes and offers the potential to sequester carbon dioxide emissions and that—

(i) may include repowering of existing facilities;

(ii) may be built in stages;

(iii) shall have a combined output of at least 100 megawatts;

(iv) shall be located in a western State at an altitude greater than 4,000 feet; and

(v) shall demonstrate the ability to use coal with an energy content of not more than 9,000 Btu/lb;

(C) a project located in a taconite-producing region of the United States that is entitled under the law of the State in which the plant is located to enter into a long-term contract approved by a State public utility commission to sell at least 450 megawatts of output to a utility;

(D) facilities that—

(i) generate one or more hydrogen-rich and carbon monoxide-rich product streams from the gasification of coal or coal waste; and

(ii) use those streams to facilitate the production of ultra clean premium fuels through the Fischer-Tropsch process; and

(E) a project to produce energy and clean fuels, using appropriate coal liquefaction technology, from Western bituminous or subbituminous coal, that—

(i) is owned by a State government; and

(ii) may include tribal and private coal resources.

(2) Facilities that gasify coal, biomass, or petroleum coke in any combination to produce synthesis gas for use as a fuel or feedstock and for which electricity accounts for less than 65 percent of the useful energy output of the facility.

(3) The Secretary is encouraged to make loan guarantees under this subchapter available for petroleum coke gasification projects.

(4) Notwithstanding any other provision of law, funds awarded under the Department of Energy’s Clean Coal Power Initiative for Fischer-Tropsch coal-to-oil liquefaction projects may be used to finance the cost of loan guarantees for projects awarded such funds.
42 U.S.C. § 16513(c)(1)(A)

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(A) projects for the generation of electricity—

(i) for which, during the term of the guarantee—

(I) coal, biomass, petroleum coke, or a combination of coal, biomass, and petroleum coke will account for at least 65 percent of annual heat input; and

(II) electricity will account for at least 65 percent of net useful annual energy output;

(ii) that have a design that is determined by the Secretary to be capable of accommodating the equipment likely to be necessary to capture the carbon dioxide that would otherwise be emitted in flue gas from the plant;

(iii) that have an assured revenue stream that covers project capital and operating costs (including servicing all debt obligations covered by the guarantee) that is approved by the Secretary and the relevant State public utility commission; and

(iv) on which construction commences not later than the date that is 3 years after the date of the issuance of the guarantee;
42 U.S.C. § 16513(c)(1)(A)(iii)

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(iii) that have an assured revenue stream that covers project capital and operating costs (including servicing all debt obligations covered by the guarantee) that is approved by the Secretary and the relevant State public utility commission; and
42 U.S.C. § 16513(c)(1)(B)

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(B) a project to produce energy from coal (of not more than 13,000 Btu/lb and mined in the western United States) using appropriate advanced integrated gasification combined cycle technology that minimizes and offers the potential to sequester carbon dioxide emissions and that—

(i) may include repowering of existing facilities;

(ii) may be built in stages;

(iii) shall have a combined output of at least 100 megawatts;

(iv) shall be located in a western State at an altitude greater than 4,000 feet; and

(v) shall demonstrate the ability to use coal with an energy content of not more than 9,000 Btu/lb;
42 U.S.C. § 16513(c)(1)(C)

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(C) a project located in a taconite-producing region of the United States that is entitled under the law of the State in which the plant is located to enter into a long-term contract approved by a State public utility commission to sell at least 450 megawatts of output to a utility;
42 U.S.C. § 16513(c)(1)(E)

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(E) a project to produce energy and clean fuels, using appropriate coal liquefaction technology, from Western bituminous or subbituminous coal, that—

(i) is owned by a State government; and

(ii) may include tribal and private coal resources.
42 U.S.C. § 16513(c)(3)

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(3) The Secretary is encouraged to make loan guarantees under this subchapter available for petroleum coke gasification projects.
42 U.S.C. § 16513(c)(4)

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(4) Notwithstanding any other provision of law, funds awarded under the Department of Energy’s Clean Coal Power Initiative for Fischer-Tropsch coal-to-oil liquefaction projects may be used to finance the cost of loan guarantees for projects awarded such funds.
42 U.S.C. § 16513(d)

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(d) In addition to any other applicable Federal or State emission limitation requirements, a project shall attain at least—

(1) total sulfur dioxide emissions in flue gas from the project that do not exceed 0.05 lb/MMBtu;

(2) a 90-percent removal rate (including any fuel pretreatment) of mercury from the coal-derived gas, and any other fuel, combusted by the project;

(3) total nitrogen oxide emissions in the flue gas from the project that do not exceed 0.08 lb/MMBtu; and

(4) total particulate emissions in the flue gas from the project that do not exceed 0.01 lb/MMBtu.
42 U.S.C. § 16513(d)(1)

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(1) total sulfur dioxide emissions in flue gas from the project that do not exceed 0.05 lb/MMBtu;
42 U.S.C. § 16513(d)(2)

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(2) a 90-percent removal rate (including any fuel pretreatment) of mercury from the coal-derived gas, and any other fuel, combusted by the project;
42 U.S.C. § 16513(d)(3)

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(3) total nitrogen oxide emissions in the flue gas from the project that do not exceed 0.08 lb/MMBtu; and
42 U.S.C. § 16513(d)(4)

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(4) total particulate emissions in the flue gas from the project that do not exceed 0.01 lb/MMBtu.
42 U.S.C. § 16513(e)

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(e) A project that receives tax credits for clean coal technology shall not be disqualified from receiving a guarantee under this subchapter.
42 U.S.C. § 16513(f)

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(f) Notwithstanding subsection (a)(2), the Secretary may, if regional variation significantly affects the deployment of a technology, make guarantees under this subchapter for up to 6 projects that employ the same or similar technology as another project, provided no more than 2 projects that use the same or a similar technology are located in the same region of the United States.
42 U.S.C. § 16514(b)

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(b) The Department may use amounts awarded under the Clean Coal Power Initiative to carry out the project described in section 16513(c)(1)(C) of this title, on the request of the recipient of such award, for a loan guarantee, to the extent that the amounts have not yet been disbursed to, or have been repaid by, the recipient.
42 U.S.C. § 16515(b)(1)

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(1) programmatic, technical, and financial factors the Secretary will use to select projects for loan guarantees;
42 U.S.C. § 16517(a)

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(a) Notwithstanding section 16513 of this title, the Secretary may make guarantees, including refinancing, under this section only for projects that—

(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations;

(2) enable operating energy infrastructure to increase capacity or output; or

(3) support or enable the provision of known or forecastable electric supply at time intervals necessary to maintain or enhance grid reliability or other system adequacy needs.
42 U.S.C. § 16517(b)

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(b) A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.
42 U.S.C. § 16517(c)(1)

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(1) a detailed plan describing the proposed project; and
42 U.S.C. § 16521

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The Secretary shall submit an annual report to the Committee on Energy and Commerce of the United States House of Representatives and to the Committee on Energy and Natural Resources of the Senate concerning the status of energy export development in Latin America and efforts by the Secretary and other departments and agencies of the United States to promote energy integration with Latin America. The report shall contain a detailed analysis of the status of energy export development in Mexico and a description of all significant efforts by the Secretary and other departments and agencies to promote a constructive relationship with Mexico regarding the development of that nation’s energy capacity. In particular this report shall outline efforts the Secretary and other departments and agencies have made to ensure that regulatory approval and oversight of United States/Mexico border projects that result in the expansion of Mexican energy capacity are effectively coordinated across departments and with the Mexican government.
42 U.S.C. § 16534(e)(2)(A)

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(A) the intellectual merit of the proposed project;
42 U.S.C. § 16538(a)(1)

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(1) The term “ARPA–E” means the Advanced Research Projects Agency—Energy established by subsection (b).
42 U.S.C. § 16538(b)

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(b) There is established the Advanced Research Projects Agency—Energy within the Department to overcome the long-term and high-risk technological barriers in the development of transformative science and technology solutions to address the energy and environmental missions of the Department.
42 U.S.C. § 16538(c)(2)

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(2) ARPA-E shall achieve the goals established under paragraph (1) through advanced technology projects by—

(A) identifying and promoting revolutionary advances in fundamental and applied sciences;

(B) translating scientific discoveries and cutting-edge inventions into technological innovations; and

(C) accelerating transformational technological advances in areas that industry by itself is not likely to undertake because of technical and financial uncertainty.
42 U.S.C. § 16538(e)(5)(C)

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(C) providing as part of the annual report required by subsection (h)(1) a summary of the instances of and reasons for ARPA–E funding projects in technology areas already being undertaken by industry.
42 U.S.C. § 16538(g)(2)(B)(iv)

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(iv) selecting on the basis of merit each of the projects to be supported under the program after considering—

(I) the novelty and scientific and technical merit of the proposed projects;

(II) the demonstrated capabilities of the applicants to successfully carry out the proposed project;

(III) the consideration by the applicant of future commercial applications of the project, including the feasibility of partnering with 1 or more commercial entities; and

(IV) such other criteria as are established by the Director;
42 U.S.C. § 16538(g)(2)(B)(iv)(I)

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(I) the novelty and scientific and technical merit of the proposed projects;
42 U.S.C. § 16538(g)(2)(B)(iv)(II)

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(II) the demonstrated capabilities of the applicants to successfully carry out the proposed project;
42 U.S.C. § 16538(g)(2)(B)(iv)(III)

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(III) the consideration by the applicant of future commercial applications of the project, including the feasibility of partnering with 1 or more commercial entities; and
42 U.S.C. § 16538(g)(2)(B)(v)

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(v) identifying innovative cost-sharing arrangements for ARPA–E projects, including through use of the authority provided under section 16352(b)(3) of this title;
42 U.S.C. § 16538(g)(2)(B)(vi)

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(vi) monitoring the progress of projects supported under the program;
42 U.S.C. § 16538(g)(2)(B)(vii)

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(vii) identifying mechanisms for commercial application of successful energy technology development projects, including through establishment of partnerships between awardees and commercial entities; and
42 U.S.C. § 16538(g)(2)(B)(viii)

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(viii) recommending program restructure or termination of research partnerships or whole projects.
42 U.S.C. § 16538(h)(1)(A)

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(A) describes projects supported by ARPA–E during the previous fiscal year;
42 U.S.C. § 16538(h)(1)(B)

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(B) describes projects supported by ARPA–E during the previous fiscal year that examine topics and technologies closely related to other activities funded by the Department, and includes an analysis of whether in supporting such projects, the Director is in compliance with subsection (i)(1); and
42 U.S.C. § 16538(h)(1)(C)

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(C) describes current, proposed, and planned projects to be carried out pursuant to subsection (e)(3)(D).
42 U.S.C. § 16538(i)(1)(B)

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(B) ARPA–E does not provide funding for a project unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the project is not independently commercially viable.

Citations to §16371(13)

42 U.S.C. § 16372(b)(5)(C)

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(C) other revenue sources that also secure or fund the project obligations.
42 U.S.C. § 16373(a)(1)(A)(iii)

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(iii) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that—

(I) is selected under section 16372 of this title; or

(II) otherwise meets the requirements of that section; and
42 U.S.C. § 16373(b)(3)(C)

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(C) other revenue sources that also secure or fund the project obligations.
42 U.S.C. § 16373(b)(6)(A)

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(A) Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
42 U.S.C. § 16373(c)(4)(A)

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(A) Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan, without penalty.
42 U.S.C. § 16376(1)

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(1) relieve any recipient of the assistance of any project obligation to obtain any required State or local permit or approval with respect to the project;

Citations to §16371(14)

42 U.S.C. § 16373(a)(1)

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(1) Subject to paragraph (2), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which—

(A) shall be used—

(i) to finance eligible project costs of any project selected under section 16372 of this title;

(ii) to refinance interim construction financing of eligible project costs of any project selected under section 16372 of this title; or

(iii) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that—

(I) is selected under section 16372 of this title; or

(II) otherwise meets the requirements of that section; and

(B) may be used in accordance with subsection (b)(7) to pay any fees collected by the Secretary under subparagraph (B) of that subsection.
42 U.S.C. § 16373(a)(2)

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(2) Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 16372(b)(2) of this title.
42 U.S.C. § 16373(b)(1)

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(1) A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate.
42 U.S.C. § 16373(b)(2)

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(2) The amount of a secured loan under this section shall not exceed an amount equal to 80 percent of the reasonably anticipated eligible project costs.
42 U.S.C. § 16373(b)(3)

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(3) A secured loan under this section shall be payable, in whole or in part, from—

(A) user fees;

(B) payments owing to the obligor under a public-private partnership; or

(C) other revenue sources that also secure or fund the project obligations.
42 U.S.C. § 16373(b)(4)(A)

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(A) Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement.
42 U.S.C. § 16373(b)(4)(B)(i)

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(i) Subject to clause (iii), the Secretary may lower the interest rate of a secured loan under this section to not lower than the interest rate described in clause (ii), if the interest rate has increased during the period—

(I) beginning on, as applicable—

(aa) the date on which an application acceptable to the Secretary is submitted for the applicable project; or

(bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and

(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan.
42 U.S.C. § 16373(b)(4)(B)(i)(II)

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(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan.
42 U.S.C. § 16373(b)(4)(B)(ii)

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(ii) The interest rate referred to in clause (i) is the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan in effect, as applicable to the project that is the subject of the secured loan, on—

(I) the date described in clause (i)(I)(aa); or

(II) the date described in clause (i)(I)(bb).
42 U.S.C. § 16373(b)(4)(B)(iii)

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(iii) The interest rate of a secured loan may not be lowered pursuant to clause (i) by more than 1½ percentage points (150 basis points).
42 U.S.C. § 16373(b)(5)

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(5) The final maturity date of the secured loan shall be the earlier of—

(A) the date that is 35 years after the date of substantial completion of the project; and

(B) if the useful life of the capital asset being financed is of a lesser period, the date that is the end of the useful life of the asset.
42 U.S.C. § 16373(b)(6)(A)

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(A) Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
42 U.S.C. § 16373(b)(6)(B)(i)(I)

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(I) the secured loan is rated in the A category or higher; and
42 U.S.C. § 16373(b)(6)(B)(i)(II)

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(II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues.
42 U.S.C. § 16373(b)(6)(B)(ii)(I)

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(I) the maximum credit subsidy amount to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and
42 U.S.C. § 16373(b)(7)(B)

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(B) If the Secretary collects a fee from an obligor under subparagraph (A) to cover all or a portion of the costs to the Federal Government of providing a secured loan, the obligor and the Secretary may amend the terms of the secured loan to add to the principal of the secured loan an amount equal to the amount of the fee collected by the Secretary.
42 U.S.C. § 16373(c)(1)

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(1) The Secretary shall establish a repayment schedule for each secured loan under this section based on—

(A) the projected cash flow from project revenues and other repayment sources; and

(B) the useful life of the project.
42 U.S.C. § 16373(c)(2)

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(2) Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project.
42 U.S.C. § 16373(c)(3)(A)

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(A) If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
42 U.S.C. § 16373(c)(4)(A)

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(A) Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan, without penalty.
42 U.S.C. § 16373(c)(4)(B)

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(B) A secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources.
42 U.S.C. § 16373(d)(1)

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(1) Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms.
42 U.S.C. § 16373(d)(2)

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(2) In making a sale or reoffering under paragraph (1), the Secretary may not change any original term or condition of the secured loan without the written consent of the obligor.
42 U.S.C. § 16373(e)(1)

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(1) The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan.
42 U.S.C. § 16373(e)(2)

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(2) The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary.

Citations to §16371(15)

42 U.S.C. § 16372(c)(1)(A)

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(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and
42 U.S.C. § 16372(c)(3)(B)(ii)

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(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument.
42 U.S.C. § 16373(a)(2)

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(2) Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 16372(b)(2) of this title.
42 U.S.C. § 16373(b)(6)(B)(ii)(I)

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(I) the maximum credit subsidy amount to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and
42 U.S.C. § 16373(b)(6)(B)(ii)(II)

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(II) the obligor shall be responsible for paying the remainder of the subsidy amount, if any.
42 U.S.C. § 16378(a)(3)

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(3) If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 661c(f) of title 2.

Citations to §16371(16)

42 U.S.C. § 16373(b)(5)(A)

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(A) the date that is 35 years after the date of substantial completion of the project; and
42 U.S.C. § 16373(c)(2)

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(2) Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project.
42 U.S.C. § 16373(c)(3)(A)

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(A) If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
42 U.S.C. § 16373(d)(1)

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(1) Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms.
42 U.S.C. § 16374(c)

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(c) A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2).