94 STAT. 688
Reapplication for financial assistance.
PUBLIC LAW 96-294—JUNE 30, 1980 why such project should not proceed, the Secretary concerned shall defer the fined decision on the application for an additional 30 days. During such 30-day period, both Secretaries shall attempt to reach agreement regarding all issues raised in the written notice. Before the end of the 30-day period, the reviewing Secretary shall notify the Secretary concerned of his decision regarding concurrence. If the reviewing Secretary fails to provide such notice before the end of such period, concurrence shall be deemed to have been given. (ii) The projcct applicant may reapply for financial assistance for such project, after making such modifications to the project as may be neccssary to address issues raised by the reviewing Secretary in the original notice of objection. The subsequent review of such project by the reviewing Secretary shall be limited to the issues originally raised by the reviewing Secretary and any issues raised by changed circumstances. (D) Both Secretaries may jointly act as the Secretary concerned in accordance with such procedures as the Secretaries may jointly prescribe, in which case— (i) subparagraphs (B) and (C) and subsection (c) shall not apply, and (ii) the proportion of financial assistance provided by each Secretary shall be determined in accordance with the procedures jointly prescribed. (b)(1) Each Secretary shall take such action as may be necessary to assure that— (A) guidelines for soliciting and receiving applications for financial assistance are established within 90 days after the date of the enactment of this Act; (B) applications for financial assistance for biomass energy projects are initially solicited within 30 days after such guidelines are established; (C) additional applications for financial assistance are solicited within 1 year after the date of the initial solicitation; (D) any application is evaluated and a decision made on such application within 120 days after the receipt of the application, including review under subsections (a)(2)(C), (a)(2)(D), or (c); and (E) all interested persons are provided the easiest possible access to the application process, including procedures which assure that— (i) information concerning financial assistance from either Secretary is available through all appropriate offices of the Department of Agriculture and the Department of Energy, and other regional and local offices of the Federal Government, as may be appropriate; (ii) all such locations where such information is available will be able to accept and file applications, and will forward them to the Secretary concerned; and (iii) the procedures established for accepting, evaluating, and awarding financial assistance will provide for categories of biomass energy projects, according to size and provide to the maximum extent practicable the simplest procedures for small producers. (2) The procedural requirements of subparagraphs (A) through (D) of paragraph (1) shall not apply to either Secretary to the extent that the Secretary finds that other procedures are adopted for the solicitation, evaluation, and awarding of financial assistance which will result in applications being processed more expeditiously.
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