US (United States) Code. Title 42. Chapter 100: Wind energy systems

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 100 - WIND ENERGY SYSTEMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

CHAPTER 100 - WIND ENERGY SYSTEMS

-MISC1-

Sec.

9201. Congressional findings and declaration of purpose.

9202. Definitions.

9203. Comprehensive program management plan.

(a) Program activities and periods; consultations

with heads of Federal agencies and non-Federal

organizations.

(b) Initial transmittal to Congressional

committees.

(c) Subsequent transmittals to Congress;

descriptive statement: current plan, changes,

justification for changes, progress,

interagency cooperation, and recommendations

for achievement of goals.

9204. Research, development, and demonstration.

(a) Areas of knowledge limiting system utilization.

(b) Development of system prototypes and

improvements.

(c) Acquisition of economic, scientific, and

technological information of system operations

under various circumstances and conditions.

(d) Other provisions inapplicable.

9205. Technology application programs.

(a) Unit, operating, and maintenance costs.

(b) Proposals for Federal assistance.

(c) Forms of Federal assistance.

(d) Quantity production and utilization.

(e) Procedure for direct grants for large systems;

limitation of amount.

(f) Procedure for loans for small or large systems;

limitation of amount; term; interest;

prepayment; other terms and conditions.

(g) Funds for Federal agency systems; projects and

activities for technology applications of

systems.

(h) Observation, monitoring, and reporting

requirements; public inspection.

(i) Termination of new Federal assistance and

Federal assistance programs.

9206. Wind resource assessment.

9207. Criteria for program selection.

9208. Administrative provisions.

(a) Monitoring of performance; collection and

evaluation of data.

(b) Liaison.

(c) Availability of information.

9209. Utilization of capabilities and facilities.

9210. Analysis of applications of wind energy systems.

9211. Encouragement and protection of small business.

(a) Opportunities for participation in programs.

(b) Protection of trade secrets and other

proprietary information.

(c) Manufacture or sale of wind energy systems in

compliance with antitrust laws; restriction

against creation of noncompetitive market

situations.

9212. General provisions.

(a) Additional projects or activities.

(b) Application to States, territories and

possessions.

9213. Authorization of appropriations.

-End-

-CITE-

42 USC Sec. 9201 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9201. Congressional findings and declaration of purpose

-STATUTE-

(a) The Congress finds that -

(1) the United States is faced with a finite and diminishing

resource base of native fossil fuels and, as a consequence, must

develop as quickly as possible a diversified, pluralistic

national energy capability and posture;

(2) the current imbalance between supply and demand for fuels

and energy in the United States is likely to grow for many years;

(3) it is in the Nation's interest to provide opportunities for

the increased production of electricity from renewable energy

sources;

(4) the early wide-spread utilization of wind energy for the

generation of electricity and for mechanical power could lead to

relief on the demand for existing non-renewable fuel and energy

supplies;

(5) the use of large wind energy systems for certain limited

applications is already economically feasible;

(6) the use of small wind energy systems for certain

applications is already economically feasible, and therefore, the

Federal Government should not undertake any financial incentive

or financial initiative which may detrimentally affect commercial

markets for small wind energy systems;

(7) an aggressive research, development and demonstration

program to accelerate widespread utilization of wind energy

should solve existing technical problems of converting wind

energy into electricity and mechanical energy and, supported by

an assured and growing market for wind energy systems during the

next decade, should maximize the future contribution of wind

energy to the Nation's future energy production;

(8) it is the proper and appropriate role of the Federal

Government to undertake research and development, to participate

in demonstration programs for wind energy systems, and to assist

private industry, other entities, and the general public in

hastening the widespread utilization of such systems;

(9) the widespread use of wind energy systems to supplement and

replace conventional methods for the generation of electricity

and mechanical power would have a beneficial effect upon the

environment;

(10) the evaluation of the performance and reliability of wind

energy technologies can be expedited by the testing of prototypes

under carefully controlled conditions;

(11) innovation and creativity in the development of components

and systems for converting wind energy into electricity and

mechanical energy can be fostered through encouraging direct

contact between the manufacturers of such components and systems

and utilities and other persons interested in utilizing such

components and systems; and

(12) consistent with the findings of the Domestic Policy Review

on Solar Energy, wind energy can potentially contribute 1.7 quads

of energy per year by the year 2000.

(b) It is declared to be the policy of the United States and the

purpose of this chapter to establish during the next eight years an

aggressive research, development, demonstration, and technology

applications program for converting wind energy into electricity

and mechanical energy. It is declared to be the further policy of

the United States and the purpose of this chapter that the

objectives of such program are -

(1) to reduce the average cost of electricity produced by

installed wind energy systems, by the end of fiscal year 1988, to

a level competitive with conventional energy sources;

(2) to reach a total megawatt capacity in the United States

from wind energy systems, by the end of fiscal year 1988, of at

least eight hundred megawatts, of which at least one hundred

megawatts are provided by small wind energy systems; and

(3) to accelerate the growth of a commercially viable and

competitive industry to make wind energy systems available to the

general public as an option in order to reduce national

consumption of fossil fuel.

-SOURCE-

(Pub. L. 96-345, Sec. 2, Sept. 8, 1980, 94 Stat. 1139.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 96-345 provided: "That this Act [enacting

this chapter] may be cited as the 'Wind Energy Systems Act of

1980'."

-End-

-CITE-

42 USC Sec. 9202 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9202. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term "wind energy system" means a system of components

which converts the kinetic energy of the wind into electricity or

mechanical power, and which comprises all necessary components,

including energy storage, power conditioning, control systems,

and transmission systems, where appropriate, to provide

electricity or mechanical power for individual, residential,

agricultural, commercial, industrial, utility, or governmental

use;

(2) the term "small wind energy system" means a wind energy

system having a maximum rated capacity of one hundred kilowatts

or less;

(3) the term "large wind energy system" means a wind energy

system which is not a small wind energy system;

(4) the term "public and private entity" means any individual,

corporation, partnership, firm, association, agricultural

cooperative, public- or investor-owned utility, public or private

institution or group, any State or local government agency, or

any other domestic entity;

(5) the term "known wind resource" means a site with an

estimated average annual wind velocity of at least twelve miles

per hour;

(6) the term "conventional energy source" means energy produced

from oil, gas, coal, and nuclear fuels; and

(7) the term "Secretary" means the Secretary of Energy.

-SOURCE-

(Pub. L. 96-345, Sec. 3, Sept. 8, 1980, 94 Stat. 1140.)

-End-

-CITE-

42 USC Sec. 9203 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9203. Comprehensive program management plan

-STATUTE-

(a) Program activities and periods; consultations with heads of

Federal agencies and non-Federal organizations

The Secretary shall prepare a comprehensive program management

plan for the research, development, demonstration, and technology

application activities to carry out the purposes of this chapter.

The program activities shall be conducted in accordance with such

comprehensive plan which shall include -

(1) a five-year program for small wind energy systems,

(2) an eight-year program for large wind energy systems, and

(3) a three-year program for wind resource assessment (!1)

which shall be consistent with the provisions of sections 9204,

9205, and 9206 of this title. In the preparation of such plan, the

Secretary shall consult with the Administrator of the National

Aeronautics and Space Administration, the Secretary of the

Interior, and the heads of such other Federal agencies and such

public and private organizations as he deems appropriate.

(b) Initial transmittal to Congressional committees

The Secretary shall transmit the comprehensive program management

plan to the Committee on Science and Technology of the House of

Representatives and the Committee on Energy and Natural Resources

of the Senate within nine months after September 8, 1980.

(c) Subsequent transmittals to Congress; descriptive statement:

current plan, changes, justification for changes, progress,

interagency cooperation, and recommendations for achievement of

goals

Concurrently with the submission of the President's annual budget

to the Congress for each year after the year in which the

comprehensive plan is initially transmitted under subsection (b) of

this section, the Secretary shall transmit to the Congress a

detailed description of the comprehensive plan as then in effect,

setting forth the modifications which may be necessary to

appropriately revise such plan and any changes in circumstances

which may have occurred since the plan or the last previous

modification thereof was transmitted in accordance with this

section. The detailed description of the comprehensive plan under

this subsection shall include but need not be limited to a

statement setting forth with respect to each of the programs under

this chapter any changes in -

(1) the anticipated research, development, demonstration, and

technology application objectives to be achieved by the program;

(2) the program elements, management structure, and activities,

including any regional aspects and field responsibilities

thereof;

(3) the program strategies and technology applications plans,

including detailed mile- stone goals to be achieved during the

next fiscal year for all major activities and projects;

(4) any significant economic, environmental, and societal

effects which the program may have;

(5) the total estimated cost of individual program items; and

(6) the estimated relative financial contributions of the

Federal Government and non-Federal participants in the program.

Such description shall also include a detailed justification of any

such changes, a detailed description of the progress made toward

achieving the goals of this chapter, a statement on the status of

interagency cooperation in meeting such goals, and any legislative

or other recommendations which the Secretary may have to help

attain such goals.

-SOURCE-

(Pub. L. 96-345, Sec. 4, Sept. 8, 1980, 94 Stat. 1141.)

-CHANGE-

CHANGE OF NAME

Committee on Science and Technology of House of Representatives

changed to Committee on Science, Space, and Technology of House of

Representatives by House Resolution No. 5, One Hundredth Congress,

Jan. 6, 1987. Committee on Science, Space, and Technology of House

of Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (c) of this section is listed

as the 6th item on page 87), see section 3003 of Pub. L. 104-66, as

amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L.

106-554, set out as notes under section 1113 of Title 31, Money and

Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9205 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 9204 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9204. Research, development, and demonstration

-STATUTE-

(a) Areas of knowledge limiting system utilization

The Secretary shall initiate research and development or

accelerate existing research and development in areas in which the

lack of knowledge limits the widespread utilization of wind energy

systems in order to achieve the purposes of this chapter.

(b) Development of system prototypes and improvements

(1) The Secretary shall continue an aggressive program for the

development of prototypes of advanced wind energy systems.

(2) As often as he deems appropriate, the Secretary shall solicit

and evaluate proposals for the research and development of any new

or improved technologies, which, in the Secretary's opinion, will

contribute to the development of improvements in current wind

energy systems.

(c) Acquisition of economic, scientific, and technological

information of system operations under various circumstances and

conditions

The Secretary is authorized to enter into contracts, grants, and

cooperative agreements with public and private entities for the

purchase, fabrication, installation, and testing to obtain

scientific, technological, and economic information from the

demonstration of a variety of prototypes of advanced wind energy

systems under a variety of circumstances and conditions.

(d) Other provisions inapplicable

In carrying out the responsibilities under this section, the

Secretary is not subject to the requirements of section 553 of

title 5 or section 7191 of this title.

-SOURCE-

(Pub. L. 96-345, Sec. 5, Sept. 8, 1980, 94 Stat. 1141.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9203, 9207 of this title.

-End-

-CITE-

42 USC Sec. 9205 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9205. Technology application programs

-STATUTE-

(a) Unit, operating, and maintenance costs

The Secretary shall establish a technology application program

for wind energy systems to achieve the purposes of this chapter by

reduction in unit costs of wind energy systems through mass

production and by determination of operating and maintenance costs

through broad operational systems experience.

(b) Proposals for Federal assistance

In achieving the objectives of this section, the Secretary shall

solicit and evaluate proposals for Federal assistance pursuant to

paragraphs (1), (2), and (3) of subsection (c) of this section for

investigating, purchasing, and installing such wind energy systems

from public or private entities wishing to utilize wind energy

systems.

(c) Forms of Federal assistance

In achieving the objectives of this section, the Secretary is

authorized to use various forms of Federal assistance including,

but not limited to -

(1) contracts and cooperative agreements;

(2) grants;

(3) loans; and

(4) direct Federal procurement.

(d) Quantity production and utilization

In carrying out his duties under this chapter, the Secretary is

authorized to enter into such contracts and cooperative agreements

with any public or private entity as may be necessary or

appropriate for the production and utilization of large and small

wind energy systems in quantities sufficient to achieve the

objectives of this section.

(e) Procedure for direct grants for large systems; limitation of

amount

In carrying out his duties under this chapter, the Secretary

shall, within six months of September 8, 1980, establish procedures

to allow any public or private entity wishing to install a large

wind energy system to apply for and, upon meeting such terms and

conditions as the Secretary may prescribe, to receive a direct

grant for a portion of the total purchase and installation cost of

such wind energy system: Provided, That grants for the portion of

such cost in the case of large wind energy systems shall not exceed

(A) 50 per centum of such cost during the first six years of the

program under this subsection, and (B) 25 per centum of such cost

during the seventh or eighth year of the program.

(f) Procedure for loans for small or large systems; limitation of

amount; term; interest; prepayment; other terms and conditions

(1) In carrying out his duties under this chapter, the Secretary

shall, within six months of September 8, 1980, establish procedures

to allow public or private entities wishing to install a small or

large wind energy system to apply for and, upon meeting such terms

and conditions as the Secretary may prescribe, to receive loans for

up to 75 per centum of the total purchase and installation costs of

wind energy systems providing in the aggregate up to three hundred

and twenty megawatts peak generating capacity involving at a

minimum four projects: Provided, That no such loan in any fiscal

year shall be for more than 50 per centum of the amount

appropriated under this chapter for such fiscal year.

(2) Each loan shall be for a term which the Secretary deems

appropriate, but no loan shall exceed twenty years beyond the date

the wind energy system becomes operational.

(3) Each loan made pursuant to this section shall bear interest

at the discount or interest rate used at the time the loan is made

for water resource planning projects under section 1962d-17 of this

title. Such loan can be prepaid at any time without prepayment

penalty and shall be contingent upon such other terms and

conditions prescribed by the Secretary.

(g) Funds for Federal agency systems; projects and activities for

technology applications of systems

(1) In carrying out his duties under this chapter, the Secretary

is authorized to provide funds for the accelerated procurement and

installation of small and large wind energy systems by Federal

agencies.

(2) The Secretary is authorized to enter into arrangements with

appropriate Federal agencies, including the Water and Power

Resources Services and the Federal power marketing agencies for

large wind energy systems, to carry out such projects and

activities as may be appropriate for the broad technology

applications of small and large wind energy systems which are

suitable and effective for use by such Federal agencies.

(h) Observation, monitoring, and reporting requirements; public

inspection

The terms and conditions prescribed by the Secretary under this

subsection shall require such observation, monitoring, and

reporting requirements as the Secretary deems necessary for a

period of five years and shall provide for members of the public to

view and inspect the system under reasonable conditions.

(i) Termination of new Federal assistance and Federal assistance

programs

New Federal assistance for technology applications systems shall

terminate upon the appropriate determination by the Secretary, in

the annual update of the comprehensive program management plan

pursuant to section 9203 of this title. Termination of the small

wind energy systems program shall occur when the Secretary finds

that such systems have become economically competitive with

conventional energy sources, or on September 30, 1985, whichever

occurs first. Termination of the large wind energy systems program

shall occur when the Secretary finds that such systems have become

economically competitive with conventional energy sources, or on

September 30, 1988, whichever occurs first.

-SOURCE-

(Pub. L. 96-345, Sec. 6, Sept. 8, 1980, 94 Stat. 1142.)

-REFTEXT-

REFERENCES IN TEXT

Section 1962d-17 of this title, referred to in subsec. (f)(3),

was in the original "section 80 of the Water Resources Development

Act of 1974 (42 U.S.C. 1962(d)-17(a))". Section 80 of the Water

Resources Development Act of 1974 is classified to section 1962d-17

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9203, 9207 of this title.

-End-

-CITE-

42 USC Sec. 9206 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9206. Wind resource assessment

-STATUTE-

The Secretary shall initiate a three-year national wind resource

assessment program. As part of such program, the Secretary shall -

(1) conduct activities to validate existing assessments of

known wind resources;

(2) perform wind resource assessments in regions of the United

States where the use of wind energy may prove feasible;

(3) initiate a general site prospecting program;

(4) establish standard wind data collection and siting

techniques; and

(5) establish, in consultation with the Administrator of the

National Oceanic and Atmospheric Administration, the

Administrator of the National Aeronautics and Space

Administration, and the Administrator of the Environmental

Protection Agency, a national wind data center which shall make

public information available on the known wind energy resources

of various regions throughout the United States.

-SOURCE-

(Pub. L. 96-345, Sec. 7, Sept. 8, 1980, 94 Stat. 1143.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9203, 9207, 9213 of this

title.

-End-

-CITE-

42 USC Sec. 9207 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9207. Criteria for program selection

-STATUTE-

The Secretary shall set priorities which are, as far as possible,

consistent with the intent and purposes of this chapter and which

are set in accordance with the following criteria:

(1) the construction, operation, and maintenance costs of wind

energy systems shall be minimized;

(2) programs established under this chapter shall be conducted

with the express intent of bringing wind energy system costs down

to a level competitive with energy costs from conventional energy

systems;

(3) priority shall be given in the conduct of programs

established under this chapter to those projects in which

cost-sharing funds are provided by private, industrial,

agricultural, or governmental entities or utilities; and

(4) to the extent that the Secretary is limited by the

availability of funds to carry out the objectives of this

chapter, priority, but not exclusive emphasis, should be given in

the early years of the programs to activities under sections 9204

and 9206 of this title and in the later years of the programs to

activities under section 9205 of this title.

-SOURCE-

(Pub. L. 96-345, Sec. 8, Sept. 8, 1980, 94 Stat. 1144.)

-End-

-CITE-

42 USC Sec. 9208 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9208. Administrative provisions

-STATUTE-

(a) Monitoring of performance; collection and evaluation of data

The Secretary, in coordination with such Government agencies as

may be appropriate, shall -

(1) monitor the performance and operation of wind energy

systems installed under this chapter; and

(2) collect and evaluate data and information on the

performance and operation of wind energy systems installed under

this chapter.

(b) Liaison

The Secretary shall also maintain continuing liaison with related

industries and interests and with the scientific and technical

community in order to assure that the benefits of programs under

this chapter are and will continue to be realized to the maximum

extent feasible.

(c) Availability of information

The Secretary shall assure, subject to section 552 of title 5 and

section 1905 of title 18, that full and complete information with

respect to any program, project, or other activity conducted under

this chapter is made available to Federal, State, and local

authorities, relevant segments of the economy, the scientific

community, and the public so that the early, widespread, and

practical use of wind energy throughout the United States is

promoted to the maximum extent feasible.

-SOURCE-

(Pub. L. 96-345, Sec. 9, Sept. 8, 1980, 94 Stat. 1144; Pub. L.

104-66, title I, Sec. 1051(b), Dec. 21, 1995, 109 Stat. 716.)

-MISC1-

AMENDMENTS

1995 - Subsec. (a)(3). Pub. L. 104-66 struck out par. (3) which

read as follows: "from time to time carry out such studies and

investigations and take such other actions, including the

submission of special reports to the Congress when appropriate, as

may be necessary to assure that the programs for which the

Secretary is responsible under this chapter effectively carry out

the purposes of this chapter."

-End-

-CITE-

42 USC Sec. 9209 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9209. Utilization of capabilities and facilities

-STATUTE-

The Secretary shall utilize the technological and management

capabilities, equipment, and facilities of the National Aeronautics

and Space Administration to the maximum extent practicable in

carrying out his duties under this chapter, and shall enter into

such additional agreements with the Administrator of such

Administration as may be necessary for this purpose.

-SOURCE-

(Pub. L. 96-345, Sec. 10, Sept. 8, 1980, 94 Stat. 1145.)

-End-

-CITE-

42 USC Sec. 9210 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9210. Analysis of applications of wind energy systems

-STATUTE-

The Secretary shall -

(1) initiate and conduct a federal applications study for wind

energy systems, cooperatively with appropriate Federal agencies

to determine the potential for the use of wind systems at

specific Federal facilities; and this study shall -

(A) include an analysis which determines those sites at which

wind energy systems are economically competitive with the

marginal costs of new conventional energy sources in the areas;

(B) identify potential sites and uses of wind energy systems

at the following agencies as well as any others which the

Secretary deems necessary:

(i) the Department of Defense;

(ii) the Department of Transportation (including the United

States Coast Guard, the Federal Aviation Administration, and

the Federal Highway Administration);

(iii) the Department of Commerce;

(iv) the Department of Agriculture; and

(v) the Department of the Interior;

(C) provide a preliminary report to the Congress within nine

months after September 8, 1980; and

(D) include the presentation of a detailed plan for the use

of wind energy systems for power generation at specific sites

in Federal Government agencies to the Congress within twelve

months after September 8, 1980;

(2) study the effects, at varying levels of market penetration,

of the widespread utilization of wind energy systems on the

existing electrical utility system;

(3) determine the necessity for, and make recommendations to

the Committee on Energy and Natural Resources of the Senate and

the Committee on Science and Technology of the House of

Representatives within eighteen months after September 8, 1980,

on, the need for any additional incentives for either users or

manufacturers, in each of the potential markets for wind energy

systems, to accelerate the widespread utilization of wind energy

technologies;

(4) evaluate the actual performance of wind energy systems in

various applications, including but not limited to residential,

agricultural, large and small scale irrigation pumping,

industrial, commercial, remote nonnetwork utility, and other

applications, and report thereon to the Congress within two years

after September 8, 1980; and

(5) in carrying out his functions under this section, consult

with the appropriate government agencies, industry

representatives, and members of the scientific and technical

community having expertise and interest in this subject.

The Secretary, as appropriate, may merge any continuing or on-going

studies within the Department of Energy or any other Federal agency

with those required under this section to avoid any unnecessary

duplication of effort or funding.

-SOURCE-

(Pub. L. 96-345, Sec. 11, Sept. 8, 1980, 94 Stat. 1145; Pub. L.

99-386, title I, Sec. 104(b), Aug. 22, 1986, 100 Stat. 821.)

-MISC1-

AMENDMENTS

1986 - Pars. (5), (6). Pub. L. 99-386 redesignated par. (6) as

(5) and struck out former par. (5) which read as follows: "initiate

and conduct a study involving the prospects for applications of

wind energy systems for power generation in foreign countries,

particularly lesser developed countries and the potential for the

exploration of these energy systems. This study shall involve the

cooperation of the Department of State and the Department of

Commerce, as well as other Federal agencies which the Secretary

deems appropriate. A final report shall be submitted to the

Congress, as well as a preliminary report within twelve months of

September 8, 1980; and".

-CHANGE-

CHANGE OF NAME

Committee on Science and Technology of House of Representatives

changed to Committee on Science, Space, and Technology of House of

Representatives by House Resolution No. 5, One Hundredth Congress,

Jan. 6, 1987. Committee on Science, Space, and Technology of House

of Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 9211 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9211. Encouragement and protection of small business

-STATUTE-

(a) Opportunities for participation in programs

In carrying out his functions under this chapter, the Secretary

shall take steps to assure that small business concerns will have

realistic and adequate opportunities to participate in the programs

under this chapter to the maximum extent practicable.

(b) Protection of trade secrets and other proprietary information

The Secretary shall, to the maximum extent practicable, use all

authority provided by law to protect trade secrets and other

proprietary information submitted by small business under this

chapter and to avoid the unnecessary disclosure of such

information.

(c) Manufacture or sale of wind energy systems in compliance with

antitrust laws; restriction against creation of noncompetitive

market situations

The Secretary shall take such steps as may be necessary to assure

compliance with the antitrust laws in the conduct of activities

related to the manufacture or sale of wind energy systems directly

or indirectly assisted under this chapter and shall implement this

chapter in a manner which will protect against the creation of

noncompetitive market situations in the conduct of such activities.

-SOURCE-

(Pub. L. 96-345, Sec. 12, Sept. 8, 1980, 94 Stat. 1146.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (c), are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade.

-End-

-CITE-

42 USC Sec. 9212 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9212. General provisions

-STATUTE-

(a) Additional projects or activities

Nothing in this chapter shall be construed as preventing the

Secretary from undertaking projects or activities in addition to

those specified in this chapter if such projects or activities

appropriately further the purposes set forth in this

subsection.(!1)

(b) Application to States, territories and possessions

This chapter applies to each of the several States, the District

of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of

the Northern Mariana Islands and the territories and possessions of

the United States including the Trust Territory of the Pacific

Islands.

-SOURCE-

(Pub. L. 96-345, Sec. 13, Sept. 8, 1980, 94 Stat. 1146.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-FOOTNOTE-

(!1) So in original. Probably should be "chapter."

-End-

-CITE-

42 USC Sec. 9213 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 100 - WIND ENERGY SYSTEMS

-HEAD-

Sec. 9213. Authorization of appropriations

-STATUTE-

(a) There is authorized to be appropriated to the Secretary to

carry out this chapter (1) for the fiscal year ending September 30,

1981, the sum of $100,000,000 (of which $10,000,000 shall be

available exclusively for purposes of section 9206 of this title),

and (2) for each fiscal year beginning after that date, such sum as

may be authorized by legislation hereafter enacted.

(b) In each of the five years of the small wind energy systems

program, at least 25 per centum of the total authorization for

appropriations under subsection (a) of this section shall be for

small wind energy systems activities, including supporting

activities.

-SOURCE-

(Pub. L. 96-345, Sec. 14, Sept. 8, 1980, 94 Stat. 1146.)

-End-