42 USC 8816 - Purchase agreements

U.S Code last checked for updates: May 02, 2024

§ 8816.

Purchase agreements

(a)

Authority of Secretary concerned; consultative requirements

Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to make, and make, purchase agreements for all or part of the biomass energy production of any biomass energy project, if the Secretary determines—

(1)

that such biomass energy is of a type, quantity, and quality that can be used by Federal agencies; and

(2)

that the quantity of such biomass energy, if delivery is accepted, would not exceed the likely needs of Federal agencies.

Each Secretary concerned shall consult with the other Secretary before making any determination under paragraph (2).

(b)

Maximum sales price

(c)

Assurances required

The Secretary concerned in entering into, or committing to enter into, a purchase agreement under this section shall require—

(1)

assurances that the quality of the biomass energy purchased will meet standards for the use for which such energy is purchased;

(2)

assurances that the ordered quantities of such energy will be delivered on a timely basis; and

(3)

such other assurances as may reasonably be required.

(d)

Arrangements for delivery pursuant to agreement; charge to Federal agency receiving delivery

(e)

Consultative requirements

(f)

Terms and conditions

(g)

Maximum dollar amount of liability of United States

(h)

Renegotiation of sales price and maximum liability

If the Secretary concerned determines, in the discretion of the Secretary, that—

(1)

a biomass energy project would not otherwise be satisfactorily completed or continued, and

(2)

completion or continuation of such project would be necessary to achieve the purposes of this chapter,

the sales price set forth in the purchase agreement, and maximum liability under such agreement, may be renegotiated.

(Pub. L. 96–294, title II, § 216, June 30, 1980, 94 Stat. 692.)

cite as: 42 USC 8816