---
kind: "section"
citation: "42 U.S.C. § 15855"
title: "42"
title_heading: "The Public Health and Welfare"
number: "15855"
heading: "Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, and other commercial purposes"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/15855"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter II — Renewable Energy"
  - "Part A — General Provisions"
---

# §15855. Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, and other commercial purposes

- (a) **Definitions—** In this section:
  - (1) **Biomass—** The term “biomass” means nonmerchantable materials or precommercial thinnings that are byproducts of preventive [treatments](/usc/42/11851.md?p=11), such as trees, wood, brush, thinnings, chips, and slash, that are removed—
    - (A) to reduce hazardous fuels;
    - (B) to reduce or contain disease or insect infestation; or
    - (C) to restore forest health.
  - (2) **Indian tribe—** The term “Indian tribe” has the meaning given the term in [section 5304(e) of title 25](/usc/25/5304.md?p=e).
  - (3) **Nonmerchantable—** For purposes of [subsection (b)](#b), the term “nonmerchantable” means that portion of the byproducts of preventive [treatments](/usc/42/11851.md?p=11) that would not otherwise be used for higher value products.
  - (4) **Person—** The term “[person](/usc/42/16451.md?p=12)” includes—
    - (A) an individual;
    - (B) a community (as determined by the [Secretary](/usc/42/15801.md?p=4) concerned);
    - (C) an Indian tribe;
    - (D) a small business or a [corporation](/usc/42/2297h.md?p=2) that is incorporated in the United States; and
    - (E) a [nonprofit](/usc/42/300s–3.md?p=3) organization.
  - (5) **Preferred community—** The term “preferred community” means—
    - (A) any Indian tribe;
    - (B) any town, township, municipality, or other similar unit of local government (as determined by the [Secretary](/usc/42/15801.md?p=4) concerned) that—
      - (i) has a population of not more than 50,000 individuals; and
      - (ii) the [Secretary](/usc/42/15801.md?p=4) concerned, in the sole discretion of the [Secretary](/usc/42/15801.md?p=4) concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation; or
    - (C) any county that—
      - (i) is not contained within a metropolitan statistical area; and
      - (ii) the [Secretary](/usc/42/15801.md?p=4) concerned, in the sole discretion of the [Secretary](/usc/42/15801.md?p=4) concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation.
  - (6) **Secretary concerned—** The term “[Secretary](/usc/42/15801.md?p=4) concerned” means the [Secretary](/usc/42/15801.md?p=4) of Agriculture or the [Secretary](/usc/42/15801.md?p=4) of the Interior.
- (b) **Biomass commercial use grant program—**
  - (1) **In general—** The [Secretary](/usc/42/15801.md?p=4) concerned may make grants to any [person](/usc/42/16451.md?p=12) in a preferred community that owns or operates a facility that uses biomass as a raw material to produce electric energy, sensible heat, or transportation fuels to offset the costs incurred to purchase biomass for use by such facility.
  - (2) **Grant amounts—** A grant under this subsection may not exceed $20 per green ton of biomass delivered.
  - (3) **Monitoring of grant recipient activities—** As a condition of a grant under this subsection, the grant recipient shall keep such records as the [Secretary](/usc/42/15801.md?p=4) concerned may require to fully and correctly disclose the use of the grant funds and all transactions involved in the purchase of biomass. Upon notice by a representative of the [Secretary](/usc/42/15801.md?p=4) concerned, the grant recipient shall afford the representative reasonable access to the facility that purchases or uses biomass and an opportunity to examine the inventory and records of the facility.
- (c) **Improved biomass use grant program—**
  - (1) **In general—** The [Secretary](/usc/42/15801.md?p=4) concerned may make grants to [persons](/usc/42/16451.md?p=12) to offset the cost of [projects](/usc/42/16371.md?p=12) to develop or research opportunities to improve the use of, or add value to, biomass. In making such grants, the [Secretary](/usc/42/15801.md?p=4) concerned shall give preference to [persons](/usc/42/16451.md?p=12) in preferred communities.
  - (2) **Selection—** The [Secretary](/usc/42/15801.md?p=4) concerned shall select a grant recipient under [paragraph (1)](#c-1) after giving consideration to—
    - (A) the anticipated public benefits of the [project](/usc/42/16371.md?p=12), including the potential to develop thermal or electric energy resources or affordable energy;
    - (B) opportunities for the creation or expansion of small businesses and micro-businesses;
    - (C) the potential for new job creation;
    - (D) the potential for the [project](/usc/42/16371.md?p=12) to improve efficiency or develop cleaner technologies for biomass utilization; and
    - (E) the potential for the [project](/usc/42/16371.md?p=12) to reduce the hazardous fuels from the areas in greatest need of [treatment](/usc/42/11851.md?p=11).
  - (3) **Grant amount—** A grant under this subsection may not exceed $500,000.
- (d) **Authorization of appropriations—** There are authorized to be appropriated $50,000,000 for fiscal year 2006 and $35,000,000 for each of fiscal years 2007 through 2016 to carry out this section.
- (e) **Report—** Not later than October 1, 2010, the [Secretary](/usc/42/15801.md?p=4) of Agriculture, in consultation with the [Secretary](/usc/42/15801.md?p=4) of the Interior, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Resources, the Committee on Energy and Commerce, and the Committee on Agriculture of the House of Representatives, a report describing the results of the grant programs authorized by this section. The report shall include the following:
  - (1) An identification of the size, type, and use of biomass by [persons](/usc/42/16451.md?p=12) that receive grants under this section.
  - (2) The distance between the land from which the biomass was removed and the facility that used the biomass.
  - (3) The economic impacts, particularly new job creation, resulting from the grants to and operation of the eligible operations.

## Source credit

(Pub. L. 109–58, title II, § 210, Aug. 8, 2005, 119 Stat. 658; Pub. L. 109–375, § 6, Dec. 1, 2006, 120 Stat. 2658.)

## Notes

### Editorial Notes

### Amendments

2006—Subsec. (d). Pub. L. 109–375 substituted “$50,000,000 for fiscal year 2006 and $35,000,000 for each of fiscal years 2007 through 2016” for “$50,000,000 for each of the fiscal years 2006 through 2016”.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.