US Codex
U.S.C.
Notes

§8101. Definitions — Inbound Citations

7 U.S.C. § 8101

Cited by 354 provisions in release 119-102.

Citations to 7 U.S.C. § 8101 as a whole

Citations to §8101(1)

  • 7 U.S.C. § 8102(a)(3)(A)
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    (A) The Secretary, after consultation with the Administrator, the Administrator of General Services, and the Secretary of Commerce (acting through the Director of the National Institute of Standards and Technology), shall prepare, and from time to time revise, guidelines for the use of procuring agencies in complying with the requirements of this subsection.
  • 7 U.S.C. § 8102(a)(4)(C)
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    (C) Any procurement by any Federal agency that is subject to regulations of the Administrator under section 6962 of title 42 shall not be subject to the requirements of this section to the extent that the requirements are inconsistent with the regulations.
  • 7 U.S.C. § 8102(b)(1)
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    (1) The Secretary, in consultation with the Administrator, shall establish a voluntary program under which the Secretary authorizes producers of biobased products to use the label “USDA Certified Biobased Product”.
  • 7 U.S.C. § 8102(b)(2)(A)(i)
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    (i) Not later than 90 days after the date of the enactment of the Food, Conservation, and Energy Act of 2008 and except as provided in clause (ii), the Secretary, in consultation with the Administrator and representatives from small and large businesses, academia, other Federal agencies, and such other persons as the Secretary considers appropriate, shall issue criteria (as of the date of enactment of that Act) for determining which products may qualify to receive the label under paragraph (1).
  • 7 U.S.C. § 8107a(b)(4)
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    (4) The term “Secretary” means the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service.
  • 7 U.S.C. § 8108(e)(3)
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    (3) The Secretary of Agriculture and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and heads of other appropriate departments and agencies (referred to in this subsection as the “Secretaries”), shall direct the Initiative in the 3 following areas:
    (A) Research, development, and demonstration activities regarding feedstocks and feedstock logistics (including the harvest, handling, transport, preprocessing, and storage) relevant to production of raw materials for conversion to biofuels and biobased products.
    (B) Research, development, and demonstration activities to support—
    (i) the development of diverse cost-effective technologies for the use of cellulosic biomass in the production of biofuels and biobased products;
    (ii) product diversification through technologies relevant to production of a range of biobased products (including chemicals, animal feeds, and cogenerated power) that potentially can increase the feasibility of fuel production in a biorefinery; and
    (iii) the development of technologies to permanently sequester or utilize carbon dioxide described in subsection (a)(1)(C).
    (i) The development of analysis that provides strategic guidance for the application of renewable biomass technologies to improve sustainability and environmental quality, cost effectiveness, security, and rural economic development.
    (ii) Development of systematic evaluations of the impact of expanded biofuel production on the environment (including forest land) and on the food supply for humans and animals, including the improvement and development of tools for life cycle analysis of current and potential biofuels.
    (iii) Assessments of the potential of Federal land resources to increase the production of feedstocks for biofuels and biobased products, consistent with the integrity of soil and water resources and with other environmental considerations.

Citations to §8101(2)

Citations to §8101(3)(A)

Citations to §8101(4)

Citations to §8101(5)

Citations to §8101(6)

Citations to §8101(7)

Citations to §8101(8)

  • 7 U.S.C. § 8108(c)(1)
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    (1) There is established the Biomass Research and Development Board to carry out the duties described in paragraph (3).
  • 7 U.S.C. § 8108(c)(2)
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    (2) The Board shall consist of—
    (A) the point of contacts of the Department of Energy and the Department of Agriculture, who shall serve as cochairpersons of the Board;
    (B) a senior officer of each of the Department of the Interior, the Environmental Protection Agency, the National Science Foundation, and the Office of Science and Technology Policy, each of whom shall have a rank that is equivalent to the rank of the points of contact; and
    (C) at the option of the Secretary of Agriculture and the Secretary of Energy, other members appointed by the Secretaries (after consultation with the Board).
  • 7 U.S.C. § 8108(c)(2)(A)
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    (A) the point of contacts of the Department of Energy and the Department of Agriculture, who shall serve as cochairpersons of the Board;
  • 7 U.S.C. § 8108(c)(2)(C)
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    (C) at the option of the Secretary of Agriculture and the Secretary of Energy, other members appointed by the Secretaries (after consultation with the Board).
  • 7 U.S.C. § 8108(c)(3)
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    (3) The Board shall—
    (A) coordinate research and development activities relating to biofuels and biobased products—
    (i) between the Department of Agriculture and the Department of Energy; and
    (ii) with other departments and agencies of the Federal Government;
    (B) provide recommendations to the points of contact concerning administration of this chapter;
    (C) ensure that—
    (i) solicitations are open and competitive with awards made annually; and
    (ii) objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest; and
    (D) ensure that the panel of scientific and technical peers assembled under subsection (e) to review proposals is composed predominantly of independent experts selected from outside the Departments of Agriculture and Energy.
  • 7 U.S.C. § 8108(c)(4)
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    (4) Each agency represented on the Board is encouraged to provide funds for any purpose under this section.
  • 7 U.S.C. § 8108(c)(5)
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    (5) The Board shall meet at least quarterly.
  • 7 U.S.C. § 8108(d)(3)(B)
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    (B) evaluate and make recommendations in writing to the Board regarding whether—
    (i) funds authorized for the Initiative are distributed and used in a manner that is consistent with the objectives, purposes, and considerations of the Initiative;
    (ii) solicitations are open and competitive with awards made annually;
    (iii) objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest;
    (iv) the points of contact are funding proposals under this chapter that are selected on the basis of merit, as determined by an independent panel of scientific and technical peers predominantly from outside the Departments of Agriculture and Energy; and
    (v) activities under this chapter are carried out in accordance with this chapter.
  • 7 U.S.C. § 8108(e)(1)
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    (1) The Secretary of Agriculture and the Secretary of Energy, acting through their respective points of contact and in consultation with the Board, shall establish and carry out a Biomass Research and Development Initiative under which competitively awarded grants, contracts, and financial assistance are provided to, or entered into with, eligible entities to carry out research on and development and demonstration of—
    (A) biofuels and biobased products; and
    (B) the methods, practices, and technologies, for the production of biofuels and biobased products.
  • 7 U.S.C. § 8108(e)(6)(A)
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    (A) After consultation with the Board, the points of contact shall—
    (i) publish annually 1 or more joint requests for proposals for grants, contracts, and assistance under this subsection;
    (ii) require that grants, contracts, and assistance under this section be awarded based on a scientific peer review by an independent panel of scientific and technical peers;
    (iii) give special consideration to applications that—
    (I) involve a consortia of experts from multiple institutions;
    (II) encourage the integration of disciplines and application of the best technical resources; and
    (III) increase the geographic diversity of demonstration projects; and
    (iv) require that the technical areas described in each of subparagraphs (A), (B), and (C) of paragraph (3) receive not less than 15 percent of funds made available to carry out this section.
  • 7 U.S.C. § 8108(f)(1)
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    (1) The Secretary of Energy and the Secretary of Agriculture may provide such administrative support and funds of the Department of Energy and the Department of Agriculture to the Board and the Advisory Committee as are necessary to enable the Board and the Advisory Committee to carry out their duties under this section.
  • 7 U.S.C. § 8108(f)(2)
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    (2) The heads of the agencies referred to in subsection (c)(2)(B), and the other members of the Board appointed under subsection (c)(2)(C), are encouraged to provide administrative support and funds of their respective agencies to the Board and the Advisory Committee.

Citations to §8101(9)(A)

Citations to §8101(10)

Citations to §8101(11)

Citations to §8101(13)

Citations to §8101(14)

Citations to §8101(15)

Citations to §8101(16)(A)

Citations to §8101(17)

  • 7 U.S.C. § 8102(a)(2)(A)(i)(III)
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    (III) establish a targeted biobased-only procurement requirement under which the procuring agency shall issue a certain number of biobased-only contracts when the procuring agency is purchasing products, or purchasing services that include the use of products, that are included in a biobased product category designated by the Secretary.
  • 7 U.S.C. § 8102(a)(3)(A)
    Go to provision →
    (A) The Secretary, after consultation with the Administrator, the Administrator of General Services, and the Secretary of Commerce (acting through the Director of the National Institute of Standards and Technology), shall prepare, and from time to time revise, guidelines for the use of procuring agencies in complying with the requirements of this subsection.
  • 7 U.S.C. § 8102(a)(3)(B)(iii)
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    (iii) automatically designate items composed of intermediate ingredients and feedstocks designated under clause (ii), if the content of the designated intermediate ingredients and feedstocks exceeds 50 percent of the item (unless the Secretary determines a different composition percentage is appropriate);
  • 7 U.S.C. § 8102(a)(3)(B)(vii)
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    (vii) as determined to be necessary by the Secretary based on the availability of data, provide information as to the availability, relative price, performance, and environmental and public health benefits of such materials and items; and
  • 7 U.S.C. § 8102(a)(3)(F)
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    (F) Not later than 1 year after February 7, 2014, the Secretary shall begin to designate intermediate ingredients or feedstocks and assembled and finished biobased products in the guidelines issued under this paragraph.
  • 7 U.S.C. § 8102(a)(4)(A)
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    (A) The Office of Federal Procurement Policy, in cooperation with the Secretary, shall—
    (i) coordinate the implementation of this subsection with other policies for Federal procurement;
    (ii) annually collect the information required to be reported under subparagraph (B) and make the information publicly available;
    (iii) take a leading role in informing Federal agencies concerning, and promoting the adoption of and compliance with, procurement requirements for biobased products by Federal agencies; and
    (iv) not less than once every 2 years, submit to Congress a report that—
    (I) describes the progress made in carrying out this subsection; and
    (II) contains a summary of the information reported pursuant to subparagraph (B).
  • 7 U.S.C. § 8102(b)(1)
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    (1) The Secretary, in consultation with the Administrator, shall establish a voluntary program under which the Secretary authorizes producers of biobased products to use the label “USDA Certified Biobased Product”.
  • 7 U.S.C. § 8102(b)(2)(A)(i)
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    (i) Not later than 90 days after the date of the enactment of the Food, Conservation, and Energy Act of 2008 and except as provided in clause (ii), the Secretary, in consultation with the Administrator and representatives from small and large businesses, academia, other Federal agencies, and such other persons as the Secretary considers appropriate, shall issue criteria (as of the date of enactment of that Act) for determining which products may qualify to receive the label under paragraph (1).
  • 7 U.S.C. § 8102(b)(2)(A)(ii)
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    (ii) Clause (i) shall not apply to final criteria that have been issued (as of the date of enactment of that Act) by the Secretary.
  • 7 U.S.C. § 8102(b)(2)(A)(iii)
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    (iii) Not later than 180 days after December 20, 2018, the Secretary shall update the criteria issued under clause (i) to provide criteria for determining which renewable chemicals may qualify to receive the label under paragraph (1).
  • 7 U.S.C. § 8102(b)(2)(B)(ii)
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    (ii) provide that the Secretary may designate as biobased for the purposes of the voluntary program established under this subsection finished products that contain significant portions of biobased materials or components; and
  • 7 U.S.C. § 8102(b)(3)(A)
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    (A) The Secretary shall ensure that the label referred to in paragraph (1) is used only on products that meet the criteria issued pursuant to paragraph (2).
  • 7 U.S.C. § 8102(b)(3)(B)
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    (B) The Secretary may carry out such auditing and compliance activities as the Secretary determines to be necessary to ensure compliance with subparagraph (A).
  • 7 U.S.C. § 8102(b)(4)
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    (4) Not later than 1 year after February 7, 2014, the Secretary shall begin issuing criteria for determining which assembled and finished products may qualify to receive the label under paragraph (1).
  • 7 U.S.C. § 8102(c)
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    (c) The Secretary shall—
    (1) establish a program to recognize Federal agencies and private entities that use a substantial amount of biobased products; and
    (2) encourage Federal agencies to establish incentives programs to recognize Federal employees or contractors that make exceptional contributions to the expanded use of biobased products.
  • 7 U.S.C. § 8102(f)(1)
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    (1) The Secretary and the Secretary of Commerce shall jointly develop North American Industry Classification System codes for—
    (A) renewable chemicals manufacturers; and
    (B) biobased products manufacturers.
  • 7 U.S.C. § 8102(f)(2)
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    (2) The Secretary shall establish a national registry of testing centers for biobased products that will serve biobased product manufacturers.
  • 7 U.S.C. § 8102(g)
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    (g) In determining whether products are eligible for the “USDA Certified Biobased Product” label, the Secretary (acting through the Forest Products Laboratory) shall provide appropriate technical and other assistance to the program and applicants for forest products.
  • 7 U.S.C. § 8102(h)(1)
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    (1) Not later than 1 year after December 20, 2018, the Secretary shall establish guidelines for an integrated process under which biobased products may be, in 1 expedited approval process—
    (A) determined to be eligible for a Federal procurement preference under subsection (a); and
    (B) approved to use the “USDA Certified Biobased Product” label under subsection (b).
  • 7 U.S.C. § 8102(h)(2)
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    (2) The Secretary shall ensure that a review of a biobased product under the integrated qualification process established pursuant to paragraph (1) may be initiated on receipt of a recommendation or petition from a manufacturer, vendor, or other interested party.
  • 7 U.S.C. § 8102(h)(3)
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    (3) The Secretary may issue a product designation pursuant to subsection (a)(3)(B), or approve the use of the “USDA Certified Biobased Product” label under subsection (b), through streamlined procedures, which shall not be subject to chapter 7 of title 5.
  • 7 U.S.C. § 8102(i)
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    (i) A procuring agency (as defined in subsection (a)(1)) shall not establish regulations, guidance, or criteria regarding the procurement of biobased products, pursuant to this section or any other law, that impose limitations on that procurement that are more restrictive than the limitations established by the Secretary under the regulations to implement this section.
  • 7 U.S.C. § 8102(j)(1)
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    (1) Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008 and each year thereafter, the Secretary shall submit to Congress a report on the implementation of this section.
  • 7 U.S.C. § 8102(j)(3)(A)
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    (A) The Secretary shall conduct a study to assess the economic impact of the biobased products industry, including—
    (i) the quantity of biobased products sold;
    (ii) the value of the biobased products;
    (iii) the quantity of jobs created;
    (iv) the quantity of petroleum displaced;
    (v) other environmental benefits; and
    (vi) areas in which the use or manufacturing of biobased products could be more effectively used, including identifying any technical and economic obstacles and recommending how those obstacles can be overcome.
  • 7 U.S.C. § 8102(j)(3)(B)
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    (B) Not later than 1 year after February 7, 2014, the Secretary shall submit to Congress a report describing the results of the study conducted under subparagraph (A).
  • 7 U.S.C. § 8102(k)(1)
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    (1) Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $3,000,000 for each of fiscal years 2014 through 2024.
  • 7 U.S.C. § 8102(m)
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    (m) In carrying out this section, except as provided in subsection (g), the Secretary shall act through the rural development mission area.
  • 7 U.S.C. § 8103(b)(3)
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    (3) The term “eligible technology” means, as determined by the Secretary—
    (A) a technology that is being adopted in a viable commercial-scale operation of a biorefinery that produces any 1 or more, or a combination, of—
    (i) an advanced biofuel;
    (ii) a renewable chemical; or
    (iii) a biobased product; and
    (B) a technology not described in subparagraph (A) that has been demonstrated to have technical and economic potential for commercial application in a biorefinery that produces any 1 or more, or a combination, of—
    (i) an advanced biofuel;
    (ii) a renewable chemical; or
    (iii) a biobased product.
  • 7 U.S.C. § 8103(c)
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    (c) The Secretary shall make available to eligible entities guarantees for loans made to fund the development, construction, and retrofitting of commercial-scale biorefineries using eligible technology.
  • 7 U.S.C. § 8103(d)(1)(A)
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    (A) In approving loan guarantee applications, the Secretary shall establish a priority scoring system that assigns priority scores to each application and only approve applications that exceed a specified minimum, as determined by the Secretary.
  • 7 U.S.C. § 8103(d)(1)(B)
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    (B) In approving a loan guarantee application, the Secretary shall determine the technical and economic feasibility of the project based on a feasibility study of the project described in the application conducted by an independent third party.
  • 7 U.S.C. § 8103(d)(1)(C)
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    (C) In determining the priority scoring system for loan guarantees under subsection (c), the Secretary shall consider—
    (i) whether the applicant has established a market for the advanced biofuel and the byproducts produced;
    (ii) whether the area in which the applicant proposes to place the biorefinery has other similar facilities;
    (iii) whether the applicant is proposing to use a feedstock not previously used in the production of advanced biofuels;
    (iv) whether the applicant is proposing to work with producer associations or cooperatives;
    (v) the level of financial participation by the applicant, including support from non-Federal and private sources;
    (vi) whether the applicant has established that the adoption of the process proposed in the application will have a positive impact on resource conservation, public health, and the environment;
    (vii) whether the applicant can establish that if adopted, the biofuels production technology proposed in the application will not have any significant negative impacts on existing manufacturing plants or other facilities that use similar feedstocks;
    (viii) the potential for rural economic development;
    (ix) the level of local ownership proposed in the application; and
    (x) whether the project can be replicated.
  • 7 U.S.C. § 8103(d)(1)(D)
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    (D) In approving loan guarantee applications, the Secretary shall ensure that, to the extent practicable, there is diversity in the types of projects approved for loan guarantees to ensure that as wide a range as possible of technologies, products, and approaches are assisted.
  • 7 U.S.C. § 8103(d)(2)(B)(i)
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    (i) Except as otherwise provided in this subparagraph, a loan guaranteed under subsection (c) shall be in an amount not to exceed 80 percent of the project costs, as determined by the Secretary.
  • 7 U.S.C. § 8103(d)(2)(B)(iii)
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    (iii) The Secretary may guarantee up to 90 percent of the principal and interest due on a loan guaranteed under subsection (c).
  • 7 U.S.C. § 8103(e)
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    (e) In carrying out this section, the Secretary shall consult with the Secretary of Energy.
  • 7 U.S.C. § 8103(f)(1)
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    (1) As a condition of receiving a grant or loan guarantee under this section, an eligible entity shall ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed, in whole or in part, with the grant or loan guarantee, as the case may be, shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40.
  • 7 U.S.C. § 8103(f)(2)
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    (2) The Secretary of Labor shall have, with respect to the labor standards described in paragraph (1), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App) and section 3145 of title 40.
  • 7 U.S.C. § 8103(g)(1)(A)
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    (A) Subject to subparagraph (B), of the funds of the Commodity Credit Corporation, the Secretary shall use for the cost of loan guarantees under this section, to remain available until expended—
    (i) $100,000,000 for fiscal year 2014;
    (ii) $50,000,000 for each of fiscal years 2015 and 2016;
    (iii) $50,000,000 for fiscal year 2019; and
    (iv) $25,000,000 for fiscal year 2020.
  • 7 U.S.C. § 8103(g)(1)(B)
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    (B) Of the total amount of funds made available for fiscal years 2014 and 2015 under subparagraph (A), the Secretary may use for the cost of loan guarantees under this section not more than 15 percent of such funds to promote biobased product manufacturing.
  • 7 U.S.C. § 8103(h)(1)
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    (1) Notwithstanding subsections (a) through (e), and (g), in addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until September 30, 2031, for the cost of loans under section 317 of the Rural Electrification Act of 1936 (7 U.S.C. 940g), including for projects that store electricity that support the types of eligible projects under that section, which shall be forgiven in an amount that is not greater than 50 percent of the loan based on how the borrower and the project meets the terms and conditions for loan forgiveness consistent with the purposes of that section established by the Secretary, except as provided in paragraph (3).
  • 7 U.S.C. § 8103(h)(2)
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    (2) The Secretary shall not enter into any loan agreement pursuant this subsection that could result in disbursements after September 30, 2031.
  • 7 U.S.C. § 8103(h)(3)
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    (3) The Secretary shall establish criteria for waiving the 50 percent limitation described in paragraph (1).
  • 7 U.S.C. § 8103(i)(1)
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    (1) Notwithstanding subsections (a) through (e) and subsection (g), in addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $500,000,000, to remain available until September 30, 2031, to carry out this subsection.
  • 7 U.S.C. § 8103(i)(2)
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    (2) The Secretary shall use the amounts made available by paragraph (1) to provide grants, for which the Federal share shall be not more than 75 percent of the total cost of carrying out a project for which the grant is provided, on a competitive basis, to increase the sale and use of agricultural commodity-based fuels through infrastructure improvements for blending, storing, supplying, or distributing biofuels, except for transportation infrastructure not on location where such biofuels are blended, stored, supplied, or distributed—
    (A) by installing, retrofitting, or otherwise upgrading fuel dispensers or pumps and related equipment, storage tank system components, and other infrastructure required at a location related to dispensing certain biofuel blends to ensure the increased sales of fuels with high levels of commodity-based ethanol and biodiesel that are at or greater than the levels required in the Notice of Funding Availability for the Higher Blends Infrastructure Incentive Program for Fiscal Year 2020, published in the Federal Register (85 Fed. Reg. 26656), as determined by the Secretary; and
    (B) by building and retrofitting home heating oil distribution centers or equivalent entities and distribution systems for ethanol and biodiesel blends.
  • 7 U.S.C. § 8103(i)(2)(A)
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    (A) by installing, retrofitting, or otherwise upgrading fuel dispensers or pumps and related equipment, storage tank system components, and other infrastructure required at a location related to dispensing certain biofuel blends to ensure the increased sales of fuels with high levels of commodity-based ethanol and biodiesel that are at or greater than the levels required in the Notice of Funding Availability for the Higher Blends Infrastructure Incentive Program for Fiscal Year 2020, published in the Federal Register (85 Fed. Reg. 26656), as determined by the Secretary; and
  • 7 U.S.C. § 8103(j)(1)
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    (1) Notwithstanding subsections (a) through (e) and (g), in addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $9,700,000,000, to remain available until September 30, 2031, for the long-term resiliency, reliability, and affordability of rural electric systems by providing to an eligible entity (defined as an electric cooperative described in section 501(c)(12) or 1381(a)(2) of title 26 and is or has been a Rural Utilities Service electric loan borrower pursuant to the Rural Electrification Act of 1936 [7 U.S.C. 901 et seq.] or serving a predominantly rural area or a wholly or jointly owned subsidiary of such electric cooperative) loans, modifications of loans, the cost of loans and modifications, and other financial assistance to achieve the greatest reduction in carbon dioxide, methane, and nitrous oxide emissions associated with rural electric systems through the purchase of renewable energy, renewable energy systems, zero-emission systems, and carbon capture and storage systems, to deploy such systems, or to make energy efficiency improvements to electric generation and transmission systems of the eligible entity after August 16, 2022.
  • 7 U.S.C. § 8103(j)(5)
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    (5) The Secretary shall not enter into, pursuant to this subsection—
    (A) any loan agreement that may result in a disbursement after September 30, 2031; or
    (B) any grant agreement that may result in any outlay after September 30, 2031.
  • 7 U.S.C. § 8105(b)
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    (b) The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels.
  • 7 U.S.C. § 8105(c)(1)
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    (1) enter into a contract with the Secretary for production of advanced biofuels; and
  • 7 U.S.C. § 8105(c)(2)
    Go to provision →
    (2) submit to the Secretary such records as the Secretary may require as evidence of the production of advanced biofuels.
  • 7 U.S.C. § 8105(d)
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    (d) The Secretary shall make payments under this section to eligible producers based on—
    (1) the quantity and duration of production by the eligible producer of an advanced biofuel;
    (2) the net nonrenewable energy content of the advanced biofuel, if sufficient data is available, as determined by the Secretary; and
    (3) other appropriate factors, as determined by the Secretary.
  • 7 U.S.C. § 8105(d)(2)
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    (2) the net nonrenewable energy content of the advanced biofuel, if sufficient data is available, as determined by the Secretary; and
  • 7 U.S.C. § 8105(d)(3)
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    (3) other appropriate factors, as determined by the Secretary.
  • 7 U.S.C. § 8105(e)(1)
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    (1) The Secretary shall limit the amount of payments that may be received by a single eligible producer under this section in order to distribute the total amount of funding available in an equitable manner.
  • 7 U.S.C. § 8105(g)(1)
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    (1) Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended—
    (A) $55,000,000 for fiscal year 2009;
    (B) $55,000,000 for fiscal year 2010;
    (C) $85,000,000 for fiscal year 2011;
    (D) $105,000,000 for fiscal year 2012;
    (E) $15,000,000 for each of fiscal years 2014 through 2018; and
    (F) $7,000,000 for each of fiscal years 2019 through 2031.
  • 7 U.S.C. § 8106(a)
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    (a) The Secretary shall, under such terms and conditions as the Secretary determines to be appropriate, make competitive grants to eligible entities to educate governmental and private entities that operate vehicle fleets, other interested entities (as determined by the Secretary), and the public about the benefits of biodiesel fuel use.
  • 7 U.S.C. § 8106(c)
    Go to provision →
    (c) In carrying out this section, the Secretary shall consult with the Secretary of Energy.
  • 7 U.S.C. § 8107(a)
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    (a) The Secretary, in consultation with the Secretary of Energy, shall establish a Rural Energy for America Program to promote energy efficiency and renewable energy development for agricultural producers and rural small businesses through—
    (1) grants for energy audits and renewable energy development assistance; and
    (2) financial assistance for energy efficiency improvements and renewable energy systems.
  • 7 U.S.C. § 8107(b)(1)
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    (1) The Secretary shall make competitive grants to eligible entities to provide assistance to agricultural producers and rural small businesses—
    (A) to become more energy efficient; and
    (B) to use renewable energy technologies and resources.
  • 7 U.S.C. § 8107(b)(2)(E)
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    (E) any other similar entity, as determined by the Secretary.
  • 7 U.S.C. § 8107(b)(3)
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    (3) In reviewing applications of eligible entities to receive grants under paragraph (1), the Secretary shall consider—
    (A) the ability and expertise of the eligible entity in providing professional energy audits and renewable energy assessments;
    (B) the geographic scope of the program proposed by the eligible entity in relation to the identified need;
    (C) the number of agricultural producers and rural small businesses to be assisted by the program;
    (D) the potential of the proposed program to produce energy savings and environmental benefits;
    (E) the plan of the eligible entity for performing outreach and providing information and assistance to agricultural producers and rural small businesses on the benefits of energy efficiency and renewable energy development; and
    (F) the ability of the eligible entity to leverage other sources of funding.
  • 7 U.S.C. § 8107(c)(1)(A)
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    (A) In addition to any similar authority, the Secretary shall provide—
    (i) loan guarantees and grants to agricultural producers and rural small businesses—
    (I) to purchase renewable energy systems, including systems that may be used to produce and sell electricity; and
    (II) to make energy efficiency improvements; and
    (ii) loan guarantees to agricultural producers to purchase and install energy efficient equipment or systems for agricultural production or processing that exceed—
    (I) energy efficiency building codes, if applicable;
    (II) Federal or State energy efficiency standards, if applicable; and
    (III) other energy efficiency standards determined appropriate by the Secretary.
  • 7 U.S.C. § 8107(c)(1)(A)(ii)(III)
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    (III) other energy efficiency standards determined appropriate by the Secretary.
  • 7 U.S.C. § 8107(c)(1)(B)(i)
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    (i) if no codes or standards described in such subparagraph apply to the energy efficient equipment or system to be purchased or installed pursuant to such subparagraph, the Secretary shall require, to the maximum extent practicable, such equipment or system to meet the same efficiency measurements as the most efficient available equipment or system in the market; and
  • 7 U.S.C. § 8107(c)(1)(B)(ii)
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    (ii) the Secretary shall not provide such a loan guarantee for the purchase or installation of any energy efficient equipment or system unless more than one type of such equipment or system is available in the market.
  • 7 U.S.C. § 8107(c)(2)
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    (2) In determining the amount of a loan guarantee or grant provided under this section, the Secretary shall take into consideration, as applicable—
    (A) the type of renewable energy system to be purchased;
    (B) the estimated quantity of energy to be generated by the renewable energy system;
    (C) the expected environmental benefits of the renewable energy system;
    (D) the quantity of energy savings expected to be derived from the activity, as demonstrated by an energy audit;
    (E) the estimated period of time for the energy savings generated by the activity to equal the cost of the activity;
    (F) the expected energy efficiency of the renewable energy system; and
    (G) other appropriate factors.
  • 7 U.S.C. § 8107(c)(3)(D)
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    (D) Using funds made available under paragraphs (1) and (3) of subsection (f), in each fiscal year the Secretary may use for loan guarantees under paragraph (1)(A)(ii) an amount that does not exceed 15 percent of such funds.
  • 7 U.S.C. § 8107(c)(4)(A)
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    (A) In providing loan guarantees and grants under this subsection, the Secretary shall use a 3-tiered application process that reflects the size of proposed projects in accordance with this paragraph.
  • 7 U.S.C. § 8107(c)(4)(B)
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    (B) The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is not more than $80,000.
  • 7 U.S.C. § 8107(c)(4)(C)
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    (C) The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is greater than $80,000 but less than $200,000.
  • 7 U.S.C. § 8107(c)(4)(D)
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    (D) The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is equal to or greater than $200,000.
  • 7 U.S.C. § 8107(c)(4)(E)
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    (E) The Secretary shall establish an application, evaluation, and oversight process that is the most simplified for tier I projects and more comprehensive for each subsequent tier.
  • 7 U.S.C. § 8107(d)
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    (d) The Secretary shall ensure, to the maximum extent practicable, that adequate outreach relating to this section is being conducted at the State and local levels.
  • 7 U.S.C. § 8107(e)(1)
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    (1) Except as provided in paragraph (2), the Secretary shall use not less than 20 percent of the funds made available under subsection (f) to provide grants of $20,000 or less.
  • 7 U.S.C. § 8107(f)(1)
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    (1) Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended—
    (A) $55,000,000 for fiscal year 2009;
    (B) $60,000,000 for fiscal year 2010;
    (C) $70,000,000 for fiscal year 2011;
    (D) $70,000,000 for fiscal year 2012; and
    (E) $50,000,000 for fiscal year 2014 and each fiscal year thereafter.
  • 7 U.S.C. § 8107a(b)(4)
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    (4) The term “Secretary” means the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service.
  • 7 U.S.C. § 8107a(c)(1)
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    (1) Subject to paragraph (2), the Secretary shall make loans to eligible entities that agree to use the loan funds to make loans to qualified consumers for the purpose of implementing energy efficiency measures.
  • 7 U.S.C. § 8107a(c)(2)(B)
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    (B) Subject to the approval of the Secretary, an eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies.
  • 7 U.S.C. § 8107a(c)(2)(C)
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    (C) An eligible entity that, at any time before the date that is 60 days after February 7, 2014, has established an energy efficiency program for qualified consumers may use an existing list of energy efficiency measures, implementation plan, or measurement and verification system of that program to satisfy the requirements of subparagraph (A) if the Secretary determines the list, plan, or systems are consistent with the purposes of this section.
  • 7 U.S.C. § 8107a(c)(4)
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    (4) The Secretary shall not include any debt incurred by a borrower under this section in the calculation of the debt-equity ratio of the borrower for purposes of eligibility for loans under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).
  • 7 U.S.C. § 8107a(c)(7)(A)
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    (A) In order to assist an eligible entity in defraying the appropriate start-up costs (as determined by the Secretary) of establishing new programs or modifying existing programs to carry out subsection (d), the Secretary shall allow an eligible entity to request a special advance.
  • 7 U.S.C. § 8107a(c)(9)
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    (9) The Secretary shall take appropriate steps to streamline the accounting requirements on borrowers under this section while maintaining adequate assurances of the repayment of the loans.
  • 7 U.S.C. § 8107a(d)(1)
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    (1) Loans made by an eligible entity to qualified consumers using loan funds provided by the Secretary under subsection (c)—
    (A) may bear interest, not to exceed 5 percent, to be used for purposes that include—
    (i) to establish a loan loss reserve; and
    (ii) to offset personnel and program costs of eligible entities to provide the loans;
    (B) shall finance energy efficiency measures for the purpose of decreasing energy usage or costs of the qualified consumer by an amount that ensures, to the maximum extent practicable, that a loan term of not more than 10 years will not pose an undue financial burden on the qualified consumer, as determined by the eligible entity;
    (C) shall not be used to fund purchases of, or modifications to, personal property unless the personal property is or becomes attached to real property (including a manufactured home) as a fixture;
    (D) shall be repaid through charges added to the recurring service bill for the property for, or at which, energy efficiency measures are or will be implemented, on the condition that this requirement does not prohibit—
    (i) the voluntary prepayment of a loan by the owner of the property; or
    (ii) the use of any additional repayment mechanisms that are—
    (I) demonstrated to have appropriate risk mitigation features, as determined by the eligible entity; or
    (II) required if the qualified consumer is no longer a customer of the eligible entity; and
    (E) shall require an energy audit by an eligible entity to determine the impact of proposed energy efficiency measures on the energy costs and consumption of the qualified consumer.
  • 7 U.S.C. § 8107a(e)(1)
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    (1) Not later than 90 days after February 7, 2014, the Secretary—
    (A) shall establish a plan for measurement and verification, training, and technical assistance of the program; and
    (B) may enter into 1 or more contracts with a qualified entity for the purposes of—
    (i) providing measurement and verification activities; and
    (ii) developing a program to provide technical assistance and training to the employees of eligible entities to carry out this section.
  • 7 U.S.C. § 8107a(f)
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    (f) The authority provided in this section is in addition to any other authority of the Secretary to offer loans under any other law.
  • 7 U.S.C. § 8107a(g)
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    (g) Subject to the availability of funds and except as otherwise provided in this section, the loans and other expenditures required to be made under this section shall be available until expended, with the Secretary authorized to make new loans as loans are repaid.
  • 7 U.S.C. § 8107a(h)
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    (h) Not later than 120 days after the end of each fiscal year, the Secretary shall publish a description of—
    (1) the number of applications received under this section for that fiscal year;
    (2) the number of loans made to eligible entities under this section for that fiscal year; and
    (3) the recipients of the loans described in paragraph (2).
  • 7 U.S.C. § 8108(b)(1)
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    (1) The Secretary of Agriculture and the Secretary of Energy shall coordinate policies and procedures that promote research and development regarding the production of biofuels and biobased products.
  • 7 U.S.C. § 8108(b)(2)(A)
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    (A) the Secretary of Agriculture shall designate, as the point of contact for the Department of Agriculture, an officer of the Department of Agriculture appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate; and
  • 7 U.S.C. § 8108(b)(2)(B)
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    (B) the Secretary of Energy shall designate, as the point of contact for the Department of Energy, an officer of the Department of Energy appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate.
  • 7 U.S.C. § 8108(c)(2)(C)
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    (C) at the option of the Secretary of Agriculture and the Secretary of Energy, other members appointed by the Secretaries (after consultation with the Board).
  • 7 U.S.C. § 8108(e)(1)
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    (1) The Secretary of Agriculture and the Secretary of Energy, acting through their respective points of contact and in consultation with the Board, shall establish and carry out a Biomass Research and Development Initiative under which competitively awarded grants, contracts, and financial assistance are provided to, or entered into with, eligible entities to carry out research on and development and demonstration of—
    (A) biofuels and biobased products; and
    (B) the methods, practices, and technologies, for the production of biofuels and biobased products.
  • 7 U.S.C. § 8108(e)(3)
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    (3) The Secretary of Agriculture and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and heads of other appropriate departments and agencies (referred to in this subsection as the “Secretaries”), shall direct the Initiative in the 3 following areas:
    (A) Research, development, and demonstration activities regarding feedstocks and feedstock logistics (including the harvest, handling, transport, preprocessing, and storage) relevant to production of raw materials for conversion to biofuels and biobased products.
    (B) Research, development, and demonstration activities to support—
    (i) the development of diverse cost-effective technologies for the use of cellulosic biomass in the production of biofuels and biobased products;
    (ii) product diversification through technologies relevant to production of a range of biobased products (including chemicals, animal feeds, and cogenerated power) that potentially can increase the feasibility of fuel production in a biorefinery; and
    (iii) the development of technologies to permanently sequester or utilize carbon dioxide described in subsection (a)(1)(C).
    (i) The development of analysis that provides strategic guidance for the application of renewable biomass technologies to improve sustainability and environmental quality, cost effectiveness, security, and rural economic development.
    (ii) Development of systematic evaluations of the impact of expanded biofuel production on the environment (including forest land) and on the food supply for humans and animals, including the improvement and development of tools for life cycle analysis of current and potential biofuels.
    (iii) Assessments of the potential of Federal land resources to increase the production of feedstocks for biofuels and biobased products, consistent with the integrity of soil and water resources and with other environmental considerations.
  • 7 U.S.C. § 8108(e)(4)
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    (4) Within the technical areas described in paragraph (3), the Secretaries shall support research and development—
    (A) to create continuously expanding opportunities for participants in existing biofuels production by seeking synergies and continuity with current technologies and practices;
    (B) to maximize the environmental, economic, and social benefits of production of biofuels and derived biobased products on a large scale; and
    (C) to facilitate small-scale production and local and on-farm use of biofuels, including the development of small-scale gasification technologies for production of biofuel from cellulosic feedstocks.
  • 7 U.S.C. § 8108(e)(6)(B)(i)(II)
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    (II) The Secretary of Agriculture or the Secretary of Energy, as appropriate, may reduce the non-Federal share required under subclause (I) if the appropriate Secretary determines the reduction to be necessary and appropriate.
  • 7 U.S.C. § 8108(e)(6)(C)
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    (C) The Secretary of Agriculture and the Secretary of Energy shall ensure that applicable research results and technologies from the Initiative are—
    (i) adapted, made available, and disseminated, as appropriate; and
    (ii) included in the best practices database established under section 5925e(e)1 of this title.
  • 7 U.S.C. § 8108(f)(1)
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    (1) The Secretary of Energy and the Secretary of Agriculture may provide such administrative support and funds of the Department of Energy and the Department of Agriculture to the Board and the Advisory Committee as are necessary to enable the Board and the Advisory Committee to carry out their duties under this section.
  • 7 U.S.C. § 8108(g)
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    (g) For each fiscal year for which funds are made available to carry out this section, the Secretary of Energy and the Secretary of Agriculture shall jointly submit to Congress a detailed report on—
    (1) the status and progress of the Initiative, including a report from the Advisory Committee on whether funds appropriated for the Initiative have been distributed and used in a manner that is consistent with the objectives and requirements of this section;
    (2) the general status of cooperation and research and development efforts carried out at each agency with respect to biofuels and biobased products; and
    (3) the plans of the Secretary of Energy and the Secretary of Agriculture for addressing concerns raised in the report, including concerns raised by the Advisory Committee.
  • 7 U.S.C. § 8108(g)(3)
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    (3) the plans of the Secretary of Energy and the Secretary of Agriculture for addressing concerns raised in the report, including concerns raised by the Advisory Committee.
  • 7 U.S.C. § 8108(h)(1)
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    (1) Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out this section, to remain available until expended—
    (A) $20,000,000 for fiscal year 2009;
    (B) $28,000,000 for fiscal year 2010;
    (C) $30,000,000 for fiscal year 2011;
    (D) $40,000,000 for fiscal year 2012; and
    (E) $3,000,000 for each of fiscal years 2014 through 2017.
  • 7 U.S.C. § 8110(b)(1)(A)
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    (A) For each of the 2008 through 2026 crops, the Secretary shall purchase eligible commodities from eligible entities and sell such commodities to bioenergy producers for the purpose of producing bioenergy in a manner that ensures that section 7272 of this title is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation.
  • 7 U.S.C. § 8110(b)(1)(B)
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    (B) In carrying out the purchases and sales required under subparagraph (A), the Secretary shall, to the maximum extent practicable, use competitive procedures, including the receiving, offering, and accepting of bids, when entering into contracts with eligible entities and bioenergy producers, provided that such procedures are consistent with the purposes of subparagraph (A).
  • 7 U.S.C. § 8110(b)(2)(A)
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    (A) As soon as practicable after the date of enactment of the Food, Conservation, and Energy Act of 2008 and each September 1 thereafter through September 1, 2026, the Secretary shall provide notice to eligible entities and bioenergy producers of the quantity of eligible commodities that shall be made available for purchase and sale for the crop year following the date of the notice under this section.
  • 7 U.S.C. § 8110(b)(2)(B)
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    (B) Not later than the January 1, April 1, and July 1 of the calendar year following the date of a notice under subparagraph (A), the Secretary shall reestimate the quantity of eligible commodities determined under subparagraph (A), and provide notice and make purchases and sales based on such reestimates.
  • 7 U.S.C. § 8110(b)(3)(A)(i)
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    (i) Except as provided in clause (ii), to the extent that an eligible commodity is owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under section 7272 of this title), the Secretary shall—
    (I) sell the eligible commodity to bioenergy producers under this section consistent with paragraph (1)(C);
    (II) dispose of the eligible commodity in accordance with section 7272(f)(2) of this title; or
    (III) otherwise dispose of the eligible commodity through the buyback of certificates of quota entry.
  • 7 U.S.C. § 8110(b)(3)(B)
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    (B) Notwithstanding subparagraph (A), if there is an emergency shortage of sugar for human consumption in the United States market that is caused by a war, flood, hurricane, or other natural disaster, or other similar event, the Secretary may dispose of an eligible commodity that is owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under section 7272 of this title) through disposition as authorized under section 7272(f) of this title or through the use of any other authority of the Commodity Credit Corporation.
  • 7 U.S.C. § 8110(b)(4)(A)
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    (A) Except with regard to emergency dispositions under paragraph (3)(B) and as provided in subparagraph (C), the Secretary shall ensure that bioenergy producers that purchase eligible commodities pursuant to this section take possession of the eligible commodities within 30 calendar days of the date of such purchase from the Commodity Credit Corporation.
  • 7 U.S.C. § 8110(b)(4)(B)(i)
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    (i) The Secretary shall, to the maximum extent practicable, carry out this section in a manner that ensures no storage fees are paid by the Commodity Credit Corporation in the administration of this section.
  • 7 U.S.C. § 8110(b)(4)(C)(i)
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    (i) The Secretary may enter into contracts with bioenergy producers to sell eligible commodities to such producers prior in time to entering into contracts with eligible entities to purchase the eligible commodities to be used to satisfy the contracts entered into with the bioenergy producers.
  • 7 U.S.C. § 8110(b)(4)(C)(ii)
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    (ii) If the Secretary makes a sale and purchase referred to in clause (i), the Secretary shall ensure that the bioenergy producer that purchased eligible commodities takes possession of such commodities within 30 calendar days of the date the Commodity Credit Corporation purchases the eligible commodities.
  • 7 U.S.C. § 8110(b)(6)
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    (6) The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation, including the use of such sums as are necessary, to carry out this section.
  • 7 U.S.C. § 8111(a)(2)(A)
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    (A) has specified boundaries that are submitted to the Secretary by the project sponsor and subsequently approved by the Secretary;
  • 7 U.S.C. § 8111(a)(3)
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    (3) The term “contract acreage” means eligible land that is covered by a BCAP contract entered into with the Secretary.
  • 7 U.S.C. § 8111(a)(4)(B)(ii)
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    (ii) any plant that is invasive or noxious or species or varieties of plants that credible risk assessment tools or other credible sources determine are potentially invasive, as determined by the Secretary in consultation with other appropriate Federal or State departments and agencies.
  • 7 U.S.C. § 8111(a)(6)(B)(i)(II)(cc)
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    (cc) a plan that the Secretary determines is equivalent to a plan described in item (aa) or (bb) and consistent with Executive Order 13112 (42 U.S.C. 4321 note; relating to invasive species);
  • 7 U.S.C. § 8111(b)
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    (b) The Secretary shall establish and administer a Biomass Crop Assistance Program to—
    (1) support the establishment and production of eligible crops for conversion to bioenergy in selected BCAP project areas; and
    (2) assist agricultural and forest land owners and operators with the collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility.
  • 7 U.S.C. § 8111(c)(1)
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    (1) The Secretary shall provide financial assistance to a producer of an eligible crop in a BCAP project area.
  • 7 U.S.C. § 8111(c)(2)(A)
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    (A) To be considered for selection as a BCAP project area, a project sponsor shall submit to the Secretary a proposal that, at a minimum, includes—
    (i) a description of the eligible land and eligible crops of each producer that will participate in the proposed BCAP project area;
    (ii) a letter of commitment from a biomass conversion facility that the facility will use the eligible crops intended to be produced in the proposed BCAP project area;
    (iii) evidence that the biomass conversion facility has sufficient equity available, as determined by the Secretary, if the biomass conversion facility is not operational at the time the proposal is submitted to the Secretary; and
    (iv) any other information about the biomass conversion facility or proposed biomass conversion facility that the Secretary determines necessary for the Secretary to be reasonably assured that the plant will be in operation by the date on which the eligible crops are ready for harvest.
  • 7 U.S.C. § 8111(c)(2)(A)(iii)
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    (iii) evidence that the biomass conversion facility has sufficient equity available, as determined by the Secretary, if the biomass conversion facility is not operational at the time the proposal is submitted to the Secretary; and
  • 7 U.S.C. § 8111(c)(2)(A)(iv)
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    (iv) any other information about the biomass conversion facility or proposed biomass conversion facility that the Secretary determines necessary for the Secretary to be reasonably assured that the plant will be in operation by the date on which the eligible crops are ready for harvest.
  • 7 U.S.C. § 8111(c)(2)(B)
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    (B) In selecting BCAP project areas, the Secretary shall consider—
    (i) the volume of the eligible crops proposed to be produced in the proposed BCAP project area and the probability that those crops will be used for the purposes of the BCAP;
    (ii) the volume of renewable biomass projected to be available from sources other than the eligible crops grown on contract acres;
    (iii) the anticipated economic impact in the proposed BCAP project area;
    (iv) the opportunity for producers and local investors to participate in the ownership of the biomass conversion facility in the proposed BCAP project area;
    (v) the participation rate by—
    (I) beginning farmers or ranchers (as defined in accordance with section 1991(a) of this title); or
    (II) socially disadvantaged farmers or ranchers;
    (vi) the impact on soil, water, and related resources;
    (vii) the variety in biomass production approaches within a project area, including (as appropriate)—
    (I) agronomic conditions;
    (II) harvest and postharvest practices; and
    (III) monoculture and polyculture crop mixes;
    (viii) the range of eligible crops among project areas;
    (ix) existing project areas that have received funding under this section and the continuation of funding of such project areas to advance the maturity of such project areas; and
    (x) any additional information that the Secretary determines to be necessary.
  • 7 U.S.C. § 8111(c)(2)(B)(x)
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    (x) any additional information that the Secretary determines to be necessary.
  • 7 U.S.C. § 8111(c)(3)(A)
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    (A) On approval of a BCAP project area by the Secretary, each producer in the BCAP project area shall enter into a contract directly with the Secretary.
  • 7 U.S.C. § 8111(c)(3)(B)(i)
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    (i) an agreement to make available to the Secretary, or to an institution of higher education or other entity designated by the Secretary, such information as the Secretary considers to be appropriate to promote the production of eligible crops and the development of biomass conversion technology;
  • 7 U.S.C. § 8111(c)(3)(B)(iii)
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    (iii) the implementation of (as determined by the Secretary)—
    (I) a conservation plan;
    (II) a forest stewardship plan; or
    (III) a plan that is equivalent to a conservation or forest stewardship plan; and
  • 7 U.S.C. § 8111(c)(3)(B)(iv)
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    (iv) any additional requirements that Secretary2 determines to be necessary.
  • 7 U.S.C. § 8111(c)(4)
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    (4) In carrying out this subsection, the Secretary shall provide for the preservation of cropland base and yield history applicable to the land enrolled in a BCAP contract.
  • 7 U.S.C. § 8111(c)(5)(A)
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    (A) The Secretary shall make establishment and annual payments directly to producers to support the establishment and production of eligible crops on contract acreage.
  • 7 U.S.C. § 8111(c)(5)(B)(i)(II)
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    (II) the cost of planting the perennial crop, as determined by the Secretary; and
  • 7 U.S.C. § 8111(c)(5)(C)(i)
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    (i) Subject to clause (ii), the amount of an annual payment under this subsection shall be determined by the Secretary.
  • 7 U.S.C. § 8111(c)(5)(C)(ii)
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    (ii) The Secretary shall reduce an annual payment by an amount determined to be appropriate by the Secretary, if—
    (I) an eligible crop is used for purposes other than the production of energy at the biomass conversion facility;
    (II) an eligible crop is delivered to the biomass conversion facility;
    (III) the producer receives a payment under subsection (d);
    (IV) the producer violates a term of the contract; or
    (V) the Secretary determines a reduction is necessary to carry out this section.
  • 7 U.S.C. § 8111(c)(5)(C)(ii)(V)
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    (V) the Secretary determines a reduction is necessary to carry out this section.
  • 7 U.S.C. § 8111(c)(5)(D)
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    (D) The Secretary shall not make any BCAP payments on land for which payments are received under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) or the agricultural conservation easement program established under subtitle H of title XII of that Act [16 U.S.C. 3865 et seq.].
  • 7 U.S.C. § 8111(d)(1)
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    (1) The Secretary shall make a payment for the delivery of eligible material to a biomass conversion facility to—
    (A) a producer of an eligible crop that is produced on BCAP contract acreage; or
    (B) a person with the right to collect or harvest eligible material, regardless of whether the eligible material is produced on contract acreage.
  • 7 U.S.C. § 8111(d)(2)(B)
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    (B) Subject to paragraph (3), the Secretary may provide matching payments at a rate of up to $1 for each $1 per ton provided by the biomass conversion facility, in an amount not to exceed $20 per dry ton for a period of 2 years.
  • 7 U.S.C. § 8111(e)
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    (e) Not later than 4 years after February 7, 2014, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the dissemination by the Secretary of the best practice data and information gathered from participants receiving assistance under this section.
  • 7 U.S.C. § 8111(f)(2)
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    (2) Of the amount made available under paragraph (1) for each fiscal year, the Secretary shall use not less than 10 percent, nor more than 50 percent, of the amount to make collection, harvest, transportation, and storage payments under subsection (d)(2).
  • 7 U.S.C. § 8113(a)(2)(B)
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    (B) wood products derived from nanotechnology or other new technology processes, as determined by the Secretary; or
  • 7 U.S.C. § 8113(a)(2)(C)
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    (C) other innovative wood products that use low-value, low-quality wood, as determined by the Secretary.
  • 7 U.S.C. § 8113(b)
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    (b) The Secretary, acting through the Chief of the Forest Service, shall establish a competitive grant program to be known as the “Community Wood Energy and Wood Innovation Program”.
  • 7 U.S.C. § 8113(c)(1)
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    (1) Under the Program, the Secretary shall make grants to cover not more than 35 percent of the capital cost for installing a community wood energy system or building an innovative wood product facility.
  • 7 U.S.C. § 8113(c)(2)
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    (2) The Secretary may establish special circumstances, such as in the case of a community wood energy system project or innovative wood product facility project involving a school or hospital in a low-income community, under which grants under the Program may cover up to 50 percent of the capital cost.
  • 7 U.S.C. § 8113(e)
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    (e) In selecting applicants for grants under the Program, the Secretary shall consider the following:
    (1) The energy efficiency of the proposed community wood energy system or innovative wood product facility.
    (2) The cost effectiveness of the proposed community wood energy system or innovative wood product facility.
    (3) The extent to which the proposed community wood energy system or innovative wood product facility represents the best available commercial technology.
    (4) The extent to which the proposed community wood energy system uses the most stringent control technology that has been required or achieved in practice for a wood-fired boiler of similar size and type.
    (A) The extent to which the proposed community wood energy system will displace conventional fossil fuel generation.
    (B) Whether the proposed community wood energy system minimizes emission increases to the greatest extent possible.
    (6) The extent to which the proposed community wood energy system will increase delivered thermal efficiency of the systems replaced.
    (7) The extent to which the applicant has demonstrated a high likelihood of project success by completing detailed engineering and design work in advance of the grant application.
    (8) Other technical, economic, conservation, and environmental criteria that the Secretary considers appropriate.
  • 7 U.S.C. § 8113(e)(8)
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    (8) Other technical, economic, conservation, and environmental criteria that the Secretary considers appropriate.
  • 7 U.S.C. § 8113(f)
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    (f) In selecting applicants for grants under the Program, the Secretary shall give priority to proposals that use the most stringent control technology that has been required or achieved in practice for a wood-fired boiler and—
    (1) would be carried out in a location where markets are needed for the low-value, low-quality wood;
    (2) would be carried out in a location with limited access to natural gas pipelines;
    (3) would include the use or retrofitting (or both) of existing sawmill facilities located in a location where the average annual unemployment rate exceeded the national average unemployment rate by more than 1 percent during the previous calendar year; or
    (4) would be carried out in a location where the project will aid with forest restoration.
  • 7 U.S.C. § 8113(g)(2)
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    (2) Not more than 25 percent of funds provided as grants under the Program for a fiscal year may go to applicants proposing innovative wood product facilities, unless the Secretary has received an insufficient number of qualified proposals for community wood energy systems.
  • 7 U.S.C. § 8114(a)
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    (a) The Secretary shall establish and carry out a program to provide grants to the sun grant centers and subcenter specified in subsection (b)—
    (1) to enhance national energy security through the development, distribution, and implementation of biobased energy technologies;
    (2) to promote diversification in, and the environmental sustainability of, agricultural production in the United States through biobased energy and product technologies;
    (3) to promote economic diversification in rural areas of the United States through biobased energy and product technologies; and
    (4) to enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration among—
    (A) the Department of Agriculture;
    (B) other appropriate Federal agencies (as determined by the Secretary); and
    (C) land-grant colleges and universities.
  • 7 U.S.C. § 8114(a)(4)(B)
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    (B) other appropriate Federal agencies (as determined by the Secretary); and
  • 7 U.S.C. § 8114(b)(1)
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    (1) The Secretary shall use amounts made available under subsection (g) to provide grants to each of the following:
    (A) A north-central sun grant center for the region composed of the States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming.
    (B) A southeastern sun grant center for the region composed of—
    (i) the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia;
    (ii) the Commonwealth of Puerto Rico; and
    (iii) the United States Virgin Islands.
    (C) A south-central sun grant center for the region composed of the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas.
    (D) A western sun grant center for the region composed of—
    (i) the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, and Washington; and
    (ii) insular areas (as defined in section 3103 of this title (other than the insular areas referred to in clauses (ii) and (iii) of subparagraph (B))).
    (E) A northeastern sun grant center for the region composed of the States of Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia.
    (F) A western insular Pacific sun grant subcenter for the region of Alaska, Hawaii, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
  • 7 U.S.C. § 8114(b)(2)(A)
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    (A) In providing any funds made available under subsection (g), the Secretary shall distribute the grants in equal amounts to the sun grant centers described in subparagraphs (A) through (E) of paragraph (1).
  • 7 U.S.C. § 8114(b)(2)(B)
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    (B) The sun grant center described in paragraph (1)(D) shall allocate a portion of the funds received under paragraph (1) to the subcenter described in paragraph (1)(F) pursuant to guidance issued by the Secretary.
  • 7 U.S.C. § 8114(b)(3)
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    (3) If the Secretary finds on the basis of a review of the annual report required under subsection (f) or on the basis of an audit of a sun grant center or subcenter conducted by the Secretary that the center or subcenter has not complied with the requirements of this section, the sun grant center or subcenter shall be ineligible to receive further grants under this section for such period of time as may be prescribed by the Secretary.
  • 7 U.S.C. § 8114(c)(1)(C)(i)(II)
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    (II) determine the relevance and merit of proposals through a system of peer review similar to that established by the Secretary pursuant to section 7613 of this title; and
  • 7 U.S.C. § 8114(c)(1)(C)(ii)
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    (ii) A sun grant center or subcenter shall give a higher priority to programs that are consistent with the plan approved by the Secretary under subsection (d).
  • 7 U.S.C. § 8114(c)(1)(C)(iv)(III)
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    (III) The sun grant center or subcenter may reduce or eliminate the requirement for non-Federal funds under subclause (I) for applied research (as defined in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4))1 if the sun grant center or subcenter determines that the reduction is necessary and appropriate pursuant to guidance issued by the Secretary.
  • 7 U.S.C. § 8114(d)(1)
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    (1) Subject to the availability of funds under subsection (g), and in cooperation with land-grant colleges and universities and private industry, the sun grant centers and subcenter shall jointly develop and submit to the Secretary for approval a plan for addressing the bioenergy, biomass, and bioproducts research priorities of the Department of Agriculture and other appropriate Federal agencies at the State and regional levels.
  • 7 U.S.C. § 8114(f)
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    (f) Not later than 90 days after the end of each fiscal year, a sun grant center or subcenter receiving a grant under this section shall submit to the Secretary a report that describes the policies, priorities, and operations of the program carried out by the center or subcenter during the fiscal year, including—
    (1) the results of all peer and merit review procedures conducted pursuant to subsection (c)(1)(C)(i); and
    (2) a description of progress made in facilitating the priorities described in subsection (d)(1).
  • 7 U.S.C. § 8115(b)
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    (b) The Secretary, in consultation with the Secretary of Energy, shall make competitive grants to eligible entities—
    (1) to provide education to the public about the economic and emissions benefits of permanent sequestration or utilization of carbon dioxide with a primary objective of providing benefits and opportunities for rural businesses, rural communities, and utilities serving rural communities; or
    (2) to provide education to agricultural producers and other stakeholders about opportunities for aggregation of organic waste from multiple sources into a single biogas system.