42 U.S.C. § 8817
Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Nothing in this paragraph shall be construed to exclude financial assistance for any project which does not use such a fuel or apply such a technology.
An insured loan may not be made, and a loan guarantee may not be issued, under this subchapter unless the Secretary concerned determines that the terms, conditions, maturity, security, and schedule and amounts of repayments with respect to such loan are reasonable and meet such standards as the Secretary determines are sufficient to protect the financial interests of the United States.
as the Secretary concerned may require.
All contracts and instruments of the Secretary concerned to provide, or providing, for financial assistance shall be general obligations of the United States backed by its full faith and credit.
Subject to the conditions of any contract for financial assistance, such contract shall be incontestable in the hands of the holder, except as to fraud or material misrepresentation on the part of the holder.
All amounts received by the Secretary of Agriculture or the Secretary of Energy as fees, interest, repayment of principal, and any other moneys received by either Secretary from activities under this subchapter shall be deposited in the Treasury of the United States as miscellaneous receipts. The preceding sentence shall not apply to insured loans made under section 8813 of this title.
42 U.S.C. § 8817
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (a)(4)(C), was in the original "this title", meaning title II of Pub. L. 96-294, June 30, 1980, 94 Stat. 683, known as the Biomass Energy and Alcohol Fuels Act of 1980, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 8801 of this title and Tables.
- Btu
- The term "Btu" means British thermal unit.
- alcohol
- The term "alcohol" means alcohol (including methanol and ethanol) which is produced from biomass and which is suitable for use by itself or in combination with other substances as a fuel or as a substitute for petroleum or petrochemical feedstocks.
- biomass energy project
- The term "biomass energy project" means any facility (or portion of a facility) located in the United States which is primarily for-(A) the production of biomass fuel (and byproducts); or(B) the combustion of biomass for the purpose of generating industrial process heat, mechanical power, or electricity (including cogeneration).
- biomass energy
- The term "biomass energy" means-(A) biomass fuel; or(B) energy or steam derived from the direct combustion of biomass for the generation of electricity, mechanical power, or industrial process heat.
- biomass fuel
- The term "biomass fuel" means any gaseous, liquid, or solid fuel produced by conversion of biomass.
- construction
- The term "construction" means-(i) the construction or acquisition of any biomass energy project;(ii) the conversion of any facility to a biomass energy project; or(iii) the expansion or improvement of any biomass energy project which increases the capacity or efficiency of that facility to produce biomass energy.
- financial assistance
- The term "financial assistance" means any of the following forms of financial assistance provided under this chapter, or any combination of such forms:(i) loans,(ii) loan guarantees,(iii) price guarantees, and(iv) purchase agreements.
- motor fuel
- The term "motor fuel" means gasoline, kerosene, and middle distillates (including diesel fuel).
- person
- The term "person" means any individual, company, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, or any entity organized for a common business purpose, any State or local government (including any special purpose district or similar governmental unit) or any agency or instrumentality thereof, or any Indian tribe or tribal organization.
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.
- Secretary
- the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,