93rd Congress, S. 1283 An Act To establish a national program for research and development in nonnuclear energy sources. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE Federal onnuclear Energy Research and Development SECTION 1. This Act may be cited as the "Federal Nonnuclear Energy Act of 1974. Research and Development Act of 1974". STATEMENT OF FINDINGS SEC. 2. The Congress hereby finds that— (a) The Nation is suffering from a shortage of environmentally acceptable forms of energy. (b) Compounding this energy shortage is our past and present failure to formulate a comprehensive and aggressive research and development program designed to make available to American consumers our large domestic energy reserves including fossil fuels, nuclear fuels, geothermal resources, solar energy, and other forms of energy. This failure is partially because the unconventional energy technologies have not been judged to be economically competitive with traditional energy technologies. (c) The urgency of the Nation's energy challenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation undertake a research, development, and demonstration program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next decade. (d) In undertaking such program, full advantage must be taken of the existing technical and managerial expertise in the various energy fields within Federal agencies and particularly in the private sector. (e) The Nation's future energy needs can be met if a national commitment is made now to dedicate the necessary financial resources, to enlist our scientific and technological capabilities, and to accord the proper priority to developing new nonnuclear energy options to serve national needs, conserve vital resources, and protect the environment. STATEMENT OF POLICY 42 USC 5901 note. 88 STAT. 1878 88 STAT. 1879 42 USC 5901. SEC. 3. (a) It is the policy of the Congress to develop on an urgent 42 USC 5902. basis the technological capabilities to support the broadest range of energy policy options through conservation and use of domestic resources by socially and environmentally acceptable means. (b) (1) The Congress declares the purpose of this Act to be to establish and vigorously conduct a comprehensive, national program of basic and applied research and development, including but not limited to demonstrations of practical applications, of all potentially beneficial energy sources and utilization technologies, within the Energy Research and Development Administration. (2) In carrying out this program, the Administrator of the Energy Research and Development Administration (hereinafter in this Act referred to as the "Administrator") shall be governed by the terms of this Act and other applicable provisions of law with respect to all non 98 STAT. 1879 88 STAT. 1680 Ante, p. 1069. Ante, p. 1079. 42 USC 5903. 42 USC 5904. gram; and the policies and provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), and other provisions of law shall continue to apply to the nuclear research, development, and demonstration program. (3) In implementing and conducting the research, development, and demonstration programs pursuant to this Act, the Administrator shali incorporate programs in specific nonnuclear technologies previously enacted into law, including those established by the Solar Heating and Cooling Act of 1974 (Public Law 93-409), the Geothermal Energy Research. Development, and Demonstration Act of 1974 (Public Law 93-410), and the Solar Energy Research. Development, and Demonstration Act of 1974 (Public Law 93–178). DUTIES AND AUTHORITIES OF THE ADMINISTRATOR SEC. 4. The Administrator shall— (a) review the current status of nonnuclear energy resources and current nonnuclear energy research and development activi ties, including research and development being conducted by Federal and non-Federal entities: (b) formulate and carry out a comprehensive Federal nonnuclear energy research, development, and demonstration program which will expeditiously advance the policies established by this Act and other relevant legislation establishing programs in specific energy technologies: (c) utilize the funds authorized pursuant to this Act to advance energy research and development by initiating and maintaining, through fund transfers, grants, or contracts, energy research, development and demonstration programs or activities utilizing the facilities, capabilities, expertise, and experience of Federal agencies, national laboratories, universities, nonprofit organizations, industrial entities, and other non-Federal entities which are appropriate to each type of research, development, and demonstration activity; (d) establish procedures for periodic consultation with representatives of science, industry, environmental organizations, consumers, and other groups who have special expertise in the areas of energy research, development, and technology; and (e) initiate programs to design, construct, and operate energy facilities of sufficient size to demonstrate the technical and economic feasibility of utilizing various forms of nonnuclear energy. GOVERNING PRINCIPLES SEC. 5. (a) The Congress authorizes and directs that the compre hensive program in research, development, and demonstration required by this Act shall be designed and executed according to the following principles: (1) Energy conservation shall be a primary consideration in the design and implementation of the Federal nonnuclear energy program. For the purposes of this Act, energy conservation means both improvement in efficiency of energy production and use, and reduction in energy waste. (2) The environmental and social consequences of a proposed program shall be analyzed and considered in evaluating its potential. (3) Any program for the development of a technology which may require significant consumptive use of water after the tech include thorough consideration of the impacts of such technology and use on water resources pursuant to the provisions of section 13. (4) Heavy emphasis shall be given to those technologies which utilize renewable or essentially inexhaustible energy sources. (5) The potential for production of net energy by the proposed technology at the stage of commercial application shall be analyzed and considered in evaluating proposals. (b) The Congress further directs that the execution of the comprehensive research, development, and demonstration program shall conform to the following principles: (1) Research and development of nonnuclear energy sources shall be pursued in such a way as to facilitate the commercial availability of adequate supplies of energy to all regions of the United States. (2) In determining the appropriateness of Federal involvement in any particular research and development undertaking, the Administrator shall give consideration to the extent to which the proposed undertaking satisfies criteria including, but not limited to, the following: (A) The urgency of public need for the potential results of the research, development, or demonstration effort is high, and it is unlikely that similar results would be achieved in a timely manner in the absence of Federal assistance. (B) The potential opportunities for non-Federal interests to recapture the investment in the undertaking through the normal commercial utilization of proprietary knowledge appear inadequate to encourage timely results. (C) The extent of the problems treated and the objectives sought by the undertaking are national or widespread in their significance. (D) There are limited opportunities to induce non-Federal support of the undertaking through regulatory actions, end use controls, tax and price incentives, public education, or other alternatives to direct Federal financial assistance. (E) The degree of risk of loss of investment inherent in the research is high, and the availability or risk capital to the non-Federal entities which might otherwise engage in the field of the research is inadequate for the timely development of the technology. (F) The magnitude of the investment appears to exceed the financial capabilities of potential non-Federal participants in the research to support effective efforts. COMPREHENSIVE PLANNING AND PROGRAMMING SEC. 6. (a) Pursuant to the authority and directions of this Act and the Energy Reorganization Act of 1974 (Public Law 93-438), the Administrator shall transmit to the Congress, on or before June 30, 1975, a comprehensive plan for energy research, development, and demonstration. This plan shall be appropriately revised annually as provided in section 15 (a). Such plan shall be designed to achieve (1) solutions to immediate and short-term (to the early 1980's) energy supply system and associated environmental problems; (2) solutions to middle-term (the early 1980's to 2000) energy supply system and associated environmental problems; and (3) solutions to long-term (beyond 2000) energy supply system and associated environmental problems. (b) (1) Based on the comprehensive energy research, development. and demonstration plan developed under subsection (a), the Adminis 88 STAT. 1881 Plan, trans- Program, transmittal to |