December 31, 1974 - 5 Pub. Law 93-577 88 STAT. 1883 of 1974 (Public Law 93-410), to accelerate the commercial dem- Ante, p. 1079. onstration of geothermal energy technologies; (G) to demonstrate the production of syncrude from oil shale by all promising technologies including in situ technologies; (H) to demonstrate new and improved methods for the extraction of petroleum resources, including secondary and tertiary recovery of crude oil; (I) to demonstrate the economics and commercial viability of solar energy for residential and commercial energy supply applications in accordance with the program authorized by the Solar Heating and Cooling Act of 1974 (Public Law 93-409); (J) to accelerate the commercial demonstration of environmental control systems for energy technologies developed pursuant to this Act; (K) to investigate the technical and economic feasibility of tidal power for supplying electrical energy; (L) to commercially demonstrate advanced solar energy technologies in accordance with the Solar Research, Development, and Demonstration Act of 1974 (Public Law 93-473); (M) to determine the economics and commercial viability of the production of synthetic fuels such as hydrogen and methanol; (N) to commercially demonstrate the use of fuel cells for central station electric power generation; (0) to determine the economics and commercial viability of in situ coal gasification; (P) to improve techniques for the management of existing energy systems by means of quality control; application of systems analysis, communications, and computer techniques; and public information with the objective of improving the reliability and efficiency of energy supplies and encourage the conservation of energy resources; and (Q) to improve methods for the prevention and cleanup of marine oil spills. FORMS OF FEDERAL ASSISTANCE Ante, p. 1069. Ante, p. 1431. SEC. 7. (a) In carrying out the objectives of this Act, the Ad- 42 USC 5906. ministrator may utilize various forms of Federal assistance and participation which may include but are not limited to (1) joint Federal-industry experimental, demonstration, or commercial corporations consistent with the provisions of subsection (b) of this section; (2) contractual arrangements with non-Federal participants including corporations, consortia, universities, governmental entities and nonprofit institutions; (3) contracts for the construction and operation of federally owned facilities; (4) Federal purchases or guaranteed price of the products of demonstration plants or activities consistent with the provisions of subsection (c) of the section; (5) Federal loans to non-Federal entities conducting demonstrations of new technologies; and (6) incentives, including financial awards, to individual inventors, such incentives to be designed to encourage the participation of a large number of such inventors. (b) Joint Federal-industry corporations proposed for congressional authorization pursuant to this Act shall be subject to the provisions of section 9 of this Act and shall conform to the following guidelines except as otherwise authorized by Congress: Joint Federal industry, corporations, guidelines. 88 STAT. 1884 Pub. Law 93-577 - 6 December 31, 1974 (1) Each such corporation may design, construct, operate, and maintain one or more experimental, demonstration, or commercialsize facilities, or other operations which will ascertain the technical, environmental, and economic feasibility of a particular energy technology. In carrying out this function, the corporation shall be empowered, either directly or by contract, to utilize commercially available technologies, perform tests, or design, construct, and operate pilot plants, as may be necessary for the design of the full-scale facility. (2) Each corporation shall have (A) a Board of nine directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. The Board shall be empowered to adopt and amend bylaws. Five members of the Board shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and four members of the Board shall be appointed by the President on the basis of recommendations received by him from any non-Federal entity or entities entering into contractual arrangements to participate in the corporation; (B) a President and such other officers and employees as may be named and appointed by the Board (with the rates of compensation of all officers and employees being fixed by the Board); and (C) the usual powers conferred upon corporations by the laws of the District of Columbia. (3) An appropriate time interval, not to exceed 12 years, shall be established for the term of Federal participation in the corporation, at the expiration of which the Board of Directors shall take such action as may be necessary to dissolve the corporation or otherwise terminate Federal participation and financial interests. In carrying out such dissolution, the Board of Directors shall dispose of all physical facilities of the corporation in such manner and subject to such terms and conditions as the Board determines are in the public interest and consistent with existing law; and a share of the appraised value of the corporate assets proportional to the Federal participation in the corporation, including the proceeds from the disposition of such facilities, on the date of its dissolution, after satisfaction of all its legal obligations, shall be made available to the United States and deposited in the Treasury of the United States as miscellaneous receipts. All patent rights of the corporation shall, on such date of dissolution, be vested in the Administrator: Provided, That Federal participation may be terminated prior to the time established in the authorizing Act upon recommendation of the Board of Directors. (4) Any commercially valuable product produced by demonstration facilities shall be disposed of in such manner and under such terms and conditions as the corporation shall prescribe. All revenues received by the corporation from the sale of such products shall be available to the corporation for use by it in defraying expenses incurred in connection with carrying out its functions to which this Act applies. (5) The estimated Federal share of the construction, operation, and maintenance cost over the life of each corporation shall be determined in order to facilitate a single congressional authorization of the full amount at the time of establishment of the corporation. (6) The Federal share of the cost of each such corporation shall reflect (A) the technical and economic risk of the venture, (B) the December 31, 1974 - 7 Pub. Law 93-577 probability of any financial return to the non-Federal participants arising from the venture, (C) the financial capability of the potential non-Federal participants, and (D) such other factors as the Administrator may set forth in proposing the corporation: Provided, That in no instance shall the Federal share exceed 90 per centum of the cost. (7) (A) Prior to the establishment of any joint Federal-industry corporation pursuant to this Act, the Administrator shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, and to the appropriate committees of the House of Representatives and the Senate a report setting forth in detail the consistency of the establishment of the corporation with the principles and directives set forth in section 5 and this section, and the proposed purpose and planned activities of the corporation. (B) No such corporation shall be established unless previously authorized by specific legislation enacted by the Congress. (c) Competitive systems of price supports proposed for congres sional authorization pursuant to this Act shall conform to the following guidelines: (1) The Administrator shall determine the types and capacities of the desired full-scale, commercial-size facility or other operation which would demonstrate the technical, environmental, and economic feasibility of a particular nonnuclear energy technology. (2) The Administrator may award planning grants for the purpose of financing a study of the full cycle economic and environmental costs associated with the demonstration facility selected pursuant to paragraph (1) of this subsection. Such planning grants may be awarded to Federal and non-Federal entities including, but not limited to, industrial entities, universities, and nonprofit organizations. Such planning grants may also be used by the grantee to prepare a detailed and comprehensive bid to construct the demonstration facility. (3) Following the completion of the studies pursuant to the planning grants awarded under paragraph (2) of this subsection regarding each such potential price supported demonstration facility for which the Administrator intends to request congressional authorization, he shall invite bids from all interested parties to determine the minimum amount of Federal price support needed to construct the demonstration facility. The Administrator may designate one or more competing entities, each to construct one commercial demonstration facility. Such designation shall be made on the basis of those entities, (A) commitment to construct the demonstration facility at the minimum level of Federal price supports, (B) detailed plan of environmental protection, and (C) proposed design and operation of the demonstration facility. (4) The construction plans and actual construction of the demonstration facility, together with all related facilities, shall be monitored by the Environmental Protection Agency. If additional environmental requirements are imposed by the Administrator after the designation of the successful bidders and if such additional environmental requirements result in additional costs, the Administrator is authorized to renegotiate the support price to cover such additional costs. (5) The estimated amount of the Federal price support for a demonstration facility's product over the life of such facility shall 88 STAT. 1885 Report to pore, and congressional committees. Price support systems, guidelines. 42 USC 5907. Regulations. Pub. Law 93-577 December 31, 1974 be determined by the Administrator to facilitate a single congressional authorization of the full amount of such support at the time of the designation of the successful bidders. (6) No price support program shall be implemented unless previously authorized by specific legislation enacted by the Congress. (d) Nothing in this section shall preclude Federal participation in, and support for, joint university-industry nonnuclear energy research efforts. DEMONSTRATIONS SEC. 8. (a) The Administrator is authorized to— (1) identify opportunities to accelerate the commercial applications of new energy technologies, and provide Federal assistance for or participation in demonstration projects (including pilot plants demonstrating technological advances and field demonstrations of new methods and procedures, and demonstrations of prototype commercial applications for the exploration, development, production, transportation, conversion, and utilization of energy resources); and (2) enter into cooperative agreements with non-Federal entities to demonstrate the technical feasibility and economic potential of energy technologies on a prototype or full-scale basis. (b) In reviewing potential projects, the Administrator shall consider criteria including but not limited to (1) the anticipated, research, development, and application objectives to be achieved by the activities or facilities proposed; (2) the economic, environmental, and societal significance which a successful demonstration may have for the national fuels and energy system; (3) the relationship of the proposal to the criteria of priority. set forth in section 5(b) (2); (4) the availability of non-Federal participants to construct and operate the facilities or perform the activities associated with the proposal and to contribute to the financing of the proposal; (5) the total estimated cost including the Federal investment and the probable time schedule; (6) the proposed participants and the proposed financial contributions of the Federal Government and of the non-Federal participants; and (7) the proposed cooperative arrangement, agreements among the participants, and form of management of the activities. (c) (1) A financial award under this section may be made only to the extent of the Federal share of the estimated total design and construction costs, plus operation and maintenance costs. (2) For the purposes of this Act the non-Federal share may be in any form, including, but not limited to, lands or interests therein needed for the project or personal property or services, the value of which shall be determined by the Administrator. (d) (1) The Administrator shall, within six months of enactment of this Act, promulgate regulations establishing procedures for submission of proposals to the Energy Research and Development Administration for the purposes of this Act. Such regulations shall establish a procedure for selection of proposals which— (A) provides that projects will be carried out under such conditions and varying circumstances as will assist in solving energy extraction, transportation, conversion, conservation, and end-use problems of various areas and regions, under representative geological, geographic, and environmental conditions; and (B) provides time schedules for submission of, and action on, proposal requests for the purposes of implementing the goals and objectives of this Act. December 31, 1974 -9 Pub. Law 93-577 (2) Such regulations also shall specify the types and form of the information, data, and support documentation that are to be contained in proposals for each form of Federal assistance or participation set forth in subsection 7(a): Provided, That such proposals to the extent possible shall include, but not be limited to (A) specification of the technology; (B) description of prior pilot plant operating experience with the technology; (C) preliminary design of the demonstration plant; (D) time tables containing proposed construction and operation plans; (E) budget-type estimates of construction and operating costs; (F) description and proof of title to land for proposed site, natural resources, electricity and water supply and logistical information related to access to raw materials to construct and operate the plant and to dispose of salable products produced from the plant; (G) analysis of the environmental impact of the proposed plant and plans for disposal of wastes resulting from the operation of the plant; (H) plans for commercial use of the technology if the demonstration is successful; (I) plans for continued use of the plant if the demonstration is successful; and (J) plans for dismantling of the plant if the demonstration is unsuccessful or otherwise abandoned. (3) The Administrator shall from time to time review and, as appropriate, modify and repromulgate regulations issued pursuant to this section. (e) If the estimate of the Federal investment with respect to construction costs of any demonstration project proposed to be established under this section exceeds $50,000,000, no amount may be appropriated for such project except as specifically authorized by legislation hereafter enacted by the Congress. 88 STAT. 1887 (f) If the total estimated amount of the Federal contribution to the construction cost of a demonstration project does not exceed $50,000,000, the Administrator is authorized to proceed with the negotiation of agreements and implementation of the proposal subject to the availability of funds under the authorization of appropriations pursuant to section 16: Provided, That if such Federal contribution to Report to the construction cost is estimated to exceed $25,000,000 the Adminis- congressional trator shall provide a full and comprehensive report on the proposed committees. demonstration project to the appropriate committees of the Congress and no funds may be expended for any agreement under the authority granted by this section prior to the expiration of sixty calendar days (not including any day on which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain) from the date on which the Administrator's report on the proposed project is received by the Congress. Such reports shall contain an analysis of the extent to which the proposed demonstration satisfies the criteria specified in subsection (b) of this section. PATENT POLICY SEC. 9. (a) Whenever any invention is made or conceived in the 42 USC 5908. course of or under any contract of the Administration, other than nuclear energy research, development, and demonstration pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Administrator determines that (1) the person who made the invention was employed or assigned to perform research, development, or demonstration |