Laws: Cases and Codes : U.S. Code : Title 42 : Section 6984


   
U.S. Code as of: 01/19/04
Section 6984. Full-scale demonstration facilities

    (a) Authority
      The Administrator may enter into contracts with public agencies
    or authorities or private persons for the construction and
    operation of a full-scale demonstration facility under this
    chapter, or provide financial assistance in the form of grants to a
    full-scale demonstration facility under this chapter only if the
    Administrator finds that - 
        (1) such facility or proposed facility will demonstrate at full
      scale a new or significantly improved technology or process, a
      practical and significant improvement in solid waste management
      practice, or the technological feasibility and cost effectiveness
      of an existing, but unproven technology, process, or practice,
      and will not duplicate any other Federal, State, local, or
      commercial facility which has been constructed or with respect to
      which construction has begun (determined as of the date action is
      taken by the Administrator under this chapter),
        (2) such contract or assistance meets the requirements of
      section 6981 of this title and meets other applicable
      requirements of this chapter,
        (3) such facility will be able to comply with the guidelines
      published under section 6907 of this title and with other laws
      and regulations for the protection of health and the environment,
        (4) in the case of a contract for construction or operation,
      such facility is not likely to be constructed or operated by
      State, local, or private persons or in the case of an application
      for financial assistance, such facility is not likely to receive
      adequate financial assistance from other sources, and
        (5) any Federal interest in, or assistance to, such facility
      will be disposed of or terminated, with appropriate compensation,
      within such period of time as may be necessary to carry out the
      basic objectives of this chapter.
    (b) Time limitation
      No obligation may be made by the Administrator for financial
    assistance under this subchapter for any full-scale demonstration
    facility after the date ten years after October 21, 1976. No
    expenditure of funds for any such full-scale demonstration facility
    under this subchapter may be made by the Administrator after the
    date fourteen years after October 21, 1976.
    (c) Cost sharing
      (1) Wherever practicable, in constructing, operating, or
    providing financial assistance under this subchapter to a
    full-scale demonstration facility, the Administrator shall endeavor
    to enter into agreements and make other arrangements for maximum
    practicable cost sharing with other Federal, State, and local
    agencies, private persons, or any combination thereof.
      (2) The Administrator shall enter into arrangements, wherever
    practicable and desirable, to provide monitoring of full-scale
    solid waste facilities (whether or not constructed or operated
    under this chapter) for purposes of obtaining information
    concerning the performance, and other aspects, of such facilities.
    Where the Administrator provides only monitoring and evaluation
    instruments or personnel (or both) or funds for such instruments or
    personnel and provides no other financial assistance to a facility,
    notwithstanding section 6981(c)(3) of this title, title to any
    invention made or conceived of in the course of developing,
    constructing, or operating such facility shall not be required to
    vest in the United States and patents respecting such invention
    shall not be required to be issued to the United States.
    (d) Prohibition
      After October 21, 1976, the Administrator shall not construct or
    operate any full-scale facility (except by contract with public
    agencies or authorities or private persons).



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