-CITE-

7 USC CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND

DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

.

-HEAD-

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

-MISC1-

Sec.

8101. Definitions.

8102. Federal procurement of biobased products.

(a) Application of section.

(b) Procurement subject to other law.

(c) Procurement preference.

(d) Specifications.

(e) Guidelines.

(f) Office of Federal Procurement Policy.

(g) Procurement program.

(h) Labeling.

(i) Limitation.

(j) Funding.

8103. Biorefinery development grants.

(a) Purpose.

(b) Definitions.

(c) Grants.

(d) Eligible entities.

(e) Competitive basis for awards.

(f) Cost sharing.

(g) Consultation.

(h) Authorization of appropriations.

8104. Biodiesel fuel education program.

(a) Establishment.

(b) Eligible entities.

(c) Consultation.

(d) Funding.

8105. Energy audit and renewable energy development program.

(a) In general.

(b) Eligible entities.

(c) Merit review.

(d) Use of grant funds.

(e) Cost sharing.

(f) Use of cost-share funds.

(g) Consultation.

(h) Reports.

(i) Authorization of appropriations.

8106. Renewable energy systems and energy efficiency improvements.

(a) In general.

(b) Eligibility.

(c) Cost sharing.

(d) Interest rate.

(e) Consultation.

(f) Funding.

8107. Hydrogen and fuel cell technologies.

(a) In general.

(b) Dissemination of information.

8108. Continuation of bioenergy program.

(a) Definitions.

(b) Bioenergy Program.

(c) Funding.

-CITE-

7 USC Sec. 8101 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 8101. Definitions

-STATUTE-

In this chapter:

(1) Administrator

The term ''Administrator'' means the Administrator of the

Environmental Protection Agency.

(2) Biobased product

The term ''biobased product'' means a product determined by the

Secretary to be a commercial or industrial product (other than

food or feed) that is composed, in whole or in significant part,

of biological products or renewable domestic agricultural

materials (including plant, animal, and marine materials) or

forestry materials.

(3) Biomass

(A) In general

The term ''biomass'' means any organic material that is

available on a renewable or recurring basis.

(B) Inclusions

The term ''biomass'' includes -

(i) agricultural crops;

(ii) trees grown for energy production;

(iii) wood waste and wood residues;

(iv) plants (including aquatic plants and grasses);

(v) residues;

(vi) fibers;

(vii) animal wastes and other waste materials; and

(viii) fats, oils, and greases (including recycled fats,

oils, and greases).

(C) Exclusions

The term ''biomass'' does not include -

(i) paper that is commonly recycled; or

(ii) unsegregated solid waste.

(4) Renewable energy

The term ''renewable energy'' means energy derived from -

(A) a wind, solar, biomass, or geothermal source; or

(B) hydrogen derived from biomass or water using an energy

source described in subparagraph (A).

(5) Rural small business

The term ''rural small business'' has the meaning that the

Secretary shall prescribe by regulation.

(6) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

-SOURCE-

(Pub. L. 107-171, title IX, Sec. 9001, May 13, 2002, 116 Stat.

475.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title IX of Pub. L. 107-171, May 13, 2002, 116

Stat. 475, which enacted this chapter and amended section 6711 of

this title and provisions set out as a note under section 7624 of

this title. For complete classification of title IX to the Code,

see Tables.

-MISC2-

BIOMASS RESEARCH AND DEVELOPMENT

Pub. L. 106-224, title III, June 20, 2000, 114 Stat. 428; as

amended by Pub. L. 107-171, title IX, Sec. 9008, May 13, 2002, 116

Stat. 483, provided that:

''SEC. 301. SHORT TITLE.

''This title may be cited as the 'Biomass Research and

Development Act of 2000'.

''SEC. 302. FINDINGS.

''Congress finds that -

''(1) conversion of biomass into biobased industrial products

offers outstanding potential for benefit to the national interest

through -

''(A) improved strategic security and balance of payments;

''(B) healthier rural economies;

''(C) improved environmental quality;

''(D) near-zero net greenhouse gas emissions;

''(E) technology export; and

''(F) sustainable resource supply;

''(2) the key technical challenges to be overcome in order for

biobased industrial products to be cost-competitive are finding

new technology and reducing the cost of technology for converting

biomass into desired biobased industrial products;

''(3) biobased fuels, such as ethanol, have the clear potential

to be sustainable, low cost, and high performance fuels that are

compatible with both current and future transportation systems

and provide near-zero net greenhouse gas emissions;

''(4) biobased chemicals have the clear potential for

environmentally benign product life cycles;

''(5) biobased power can -

''(A) provide environmental benefits;

''(B) promote rural economic development; and

''(C) diversify energy resource options;

''(6) many biomass feedstocks suitable for industrial

processing show the clear potential for sustainable production,

in some cases resulting in improved soil fertility and carbon

sequestration;

''(7)(A) grain processing mills are biorefineries that produce

a diversity of useful food, chemical, feed, and fuel products;

and

''(B) technologies that result in further diversification of

the range of value-added biobased industrial products can meet a

key need for the grain processing industry;

''(8)(A) cellulosic feedstocks are attractive because of their

low cost and widespread availability; and

''(B) research resulting in cost-effective technology to

overcome the recalcitrance of cellulosic biomass would allow

biorefineries to produce fuels and bulk chemicals on a very large

scale, with a commensurately large realization of the benefit

described in paragraph (1);

''(9) research into the fundamentals to understand important

mechanisms of biomass conversion can be expected to accelerate

the application and advancement of biomass processing technology

by -

''(A) increasing the confidence and speed with which new

technologies can be scaled up; and

''(B) giving rise to processing innovations based on new

knowledge;

''(10) the added utility of biobased industrial products

developed through improvements in processing technology would

encourage the design of feedstocks that would meet future needs

more effectively;

''(11) the creation of value-added biobased industrial products

would create new jobs in construction, manufacturing, and

distribution, as well as new higher-valued exports of products

and technology;

''(12)(A) because of the relatively short-term time horizon

characteristic of private sector investments, and because many

benefits of biomass processing are in the national interest, it

is appropriate for the Federal Government to provide

precommercial investment in fundamental research and

research-driven innovation in the biomass processing area; and

''(B) such an investment would provide a valuable complement to

ongoing and past governmental support in the biomass processing

area; and

''(13) several prominent studies, including studies by the

President's Committee of Advisors on Science and Technology and

the National Research Council -

''(A) support the potential for large research-driven

advances in technologies for production of biobased industrial

products as well as associated benefits; and

''(B) document the need for a focused, integrated, and

innovation-driven research effort to provide the appropriate

progress in a timely manner.

''SEC. 303. DEFINITIONS.

''In this title:

''(1) Advisory committee. - The term 'Advisory Committee' means

the Biomass Research and Development Technical Advisory Committee

established by section 306.

''(2) Biobased industrial product. - The term 'biobased

industrial product' means fuels, chemicals, building materials,

or electric power or heat produced from biomass.

''(3) Biomass. - The term 'biomass' means any organic matter

that is available on a renewable or recurring basis, including

agricultural crops and trees, wood and wood wastes and residues,

plants (including aquatic plants), grasses, residues, fibers, and

animal wastes, municipal wastes, and other waste materials.

''(4) Board. - The term 'Board' means the Biomass Research and

Development Board established by section 305.

''(5) Initiative. - The term 'Initiative' means the Biomass

Research and Development Initiative established under section

307.

''(6) Institution of higher education. - The term 'institution

of higher education' has the meaning given the term in section

102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).

''(7) National laboratory. - The term 'national laboratory' has

the meaning given the term 'laboratory' in section 12(d) of the

Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.

3710a(d)).

''(8) Point of contact. - The term 'point of contact' means a

point of contact designated under section 304(d).

''(9) Processing. - The term 'processing' means the derivation

of biobased industrial products from biomass, including -

''(A) feedstock production;

''(B) harvest and handling;

''(C) pretreatment or thermochemical processing;

''(D) fermentation;

''(E) catalytic processing;

''(F) product recovery; and

''(G) coproduct production.

''(10) Research and development. - The term 'research and

development' means research, development, and demonstration.

''SEC. 304. COOPERATION AND COORDINATION IN BIOMASS RESEARCH AND

DEVELOPMENT.

''(a) In General. - The Secretary of Agriculture and the

Secretary of Energy shall cooperate with respect to, and

coordinate, policies and procedures that promote research and

development leading to the production of biobased industrial

products.

''(b) Purposes. - The purposes of the cooperation and

coordination shall be -

''(1) to understand the key mechanisms underlying the

recalcitrance of biomass for conversion into biobased industrial

products;

''(2) to develop new and cost-effective technologies that would

result in large-scale commercial production of low cost and

sustainable biobased industrial products;

''(3) to ensure that biobased industrial products are developed

in a manner that enhances their economic, energy security, and

environmental benefits; and

''(4) to promote the development and use of agricultural and

energy crops for conversion into biobased industrial products.

''(c) Areas. - In carrying out this title, the Secretary of

Agriculture and the Secretary of Energy, in consultation with heads

of appropriate departments and agencies, shall promote research and

development -

''(1) to advance the availability and widespread use of energy

efficient, economically competitive, and environmentally sound

biobased industrial products in a manner that is consistent with

the goals of the United States relating to sustainable and secure

supplies of food, chemicals, and fuel;

''(2) to ensure full consideration of Federal land and land

management programs as potential feedstock resources for biobased

industrial products; and

''(3) to assess the environmental, economic, and social impact

of production of biobased industrial products from biomass on a

large scale.

''(d) Points of Contact. -

''(1) In general. - To coordinate research and development

programs and activities relating to biobased industrial products

that are carried out by their respective Departments -

''(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

''(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.

''(2) Duties. - The points of contact shall jointly -

''(A) assist in arranging interlaboratory and site-specific

supplemental agreements for research and development projects

relating to biobased industrial products;

''(B) serve as cochairpersons of the Board;

''(C) administer the Initiative; and

''(D) respond in writing to each recommendation of the

Advisory Committee made under section 306(c).

''SEC. 305. BIOMASS RESEARCH AND DEVELOPMENT BOARD.

''(a) Establishment. - There is established the Biomass Research

and Development Board, which shall supersede the Interagency

Council on Biobased Products and Bioenergy established by Executive

Order No. 13134 (set out below), to coordinate programs within and

among departments and agencies of the Federal Government for the

purpose of promoting the use of biobased industrial products by -

''(1) maximizing the benefits deriving from Federal grants and

assistance; and

''(2) bringing coherence to Federal strategic planning.

''(b) Membership. - The Board shall consist of -

''(1) the point of contact of the Department of Energy

designated under section 304(d)(1)(B), who shall serve as

cochairperson of the Board;

''(2) the point of contact of the Department of Agriculture

designated under section 304(d)(1)(A), who shall serve as

cochairperson of the Board;

''(3) 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 -

''(A) be appointed by the head of the respective agency; and

''(B) have a rank that is equivalent to the rank of the

points of contact; and

''(4) at the option of the Secretary of Agriculture and the

Secretary of Energy, other members appointed by the Secretaries

(after consultation with the members described in paragraphs (1)

through (3)).

''(c) Duties. - The Board shall -

''(1) coordinate research and development activities relating

to biobased industrial products -

''(A) between the Department of Agriculture and the

Department of Energy; and

''(B) with other departments and agencies of the Federal

Government; and

''(2) provide recommendations to the points of contact

concerning administration of this title.

''(d) Funding. - Each agency represented on the Board is

encouraged to provide funds for any purpose under this title.

''(e) Meetings. - The Board shall meet at least quarterly to

enable the Board to carry out the duties of the Board under

subsection (c).

''SEC. 306. BIOMASS RESEARCH AND DEVELOPMENT TECHNICAL ADVISORY

COMMITTEE.

''(a) Establishment. - There is established the Biomass Research

and Development Technical Advisory Committee, which shall supersede

the Advisory Committee on Biobased Products and Bioenergy

established by Executive Order No. 13134 (set out below) -

''(1) to advise the Secretary of Energy, the Secretary of

Agriculture, and the points of contact concerning -

''(A) the technical focus and direction of requests for

proposals issued under the Initiative; and

''(B) procedures for reviewing and evaluating the proposals;

''(2) to facilitate consultations and partnerships among

Federal and State agencies, agricultural producers, industry,

consumers, the research community, and other interested groups to

carry out program activities relating to the Initiative; and

''(3) to evaluate and perform strategic planning on program

activities relating to the Initiative.

''(b) Membership. -

''(1) In general. - The Advisory Committee shall consist of -

''(A) an individual affiliated with the biobased industrial

products industry;

''(B) an individual affiliated with an institution of higher

education who has expertise in biobased industrial products;

''(C) two prominent engineers or scientists from government

or academia who have expertise in biobased industrial products;

''(D) an individual affiliated with a commodity trade

association;

''(E) an individual affiliated with an environmental or

conservation organization;

''(F) an individual associated with State government who has

expertise in biobased industrial products;

''(G) an individual with expertise in energy analysis;

''(H) an individual with expertise in the economics of

biobased industrial products;

''(I) an individual with expertise in agricultural economics;

and

''(J) at the option of the points of contact, other members.

''(2) Appointment. - The members of the Advisory Committee

shall be appointed by the points of contact.

''(c) Duties. - The Advisory Committee shall -

''(1) advise the points of contact with respect to the

Initiative; and

''(2) evaluate whether, and make recommendations in writing to

the Board to ensure that -

''(A) funds authorized for the Initiative are distributed and

used in a manner that is consistent with the goals of the

Initiative;

''(B) the points of contact are funding proposals under this

title that are selected on the basis of merit, as determined by

an independent panel of scientific and technical peers; and

''(C) activities under this title are carried out in

accordance with this title.

''(d) Coordination. - To avoid duplication of effort, the

Advisory Committee shall coordinate its activities with those of

other Federal advisory committees working in related areas.

''(e) Meetings. - The Advisory Committee shall meet at least

quarterly to enable the Advisory Committee to carry out the duties

of the Advisory Committee under subsection (c).

''(f) Terms. - Members of the Advisory Committee shall be

appointed for a term of 3 years, except that -

''(1) one-third of the members initially appointed shall be

appointed for a term of 1 year; and

''(2) one-third of the members initially appointed shall be

appointed for a term of 2 years.

''SEC. 307. BIOMASS RESEARCH AND DEVELOPMENT INITIATIVE.

''(a) In General. - 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 biobased industrial products.

''(b) Purposes. - The purposes of grants, contracts, and

assistance under this section shall be -

''(1) to stimulate collaborative activities by a diverse range

of experts in all aspects of biomass processing for the purpose

of conducting fundamental and innovation-targeted research and

technology development;

''(2) to enhance creative and imaginative approaches toward

biomass processing that will serve to develop the next generation

of advanced technologies making possible low cost and sustainable

biobased industrial products;

''(3) to strengthen the intellectual resources of the United

States through the training and education of future scientists,

engineers, managers, and business leaders in the field of biomass

processing; and

''(4) to promote integrated research partnerships among

colleges, universities, national laboratories, Federal and State

research agencies, and the private sector as the best means of

overcoming technical challenges that span multiple research and

engineering disciplines and of gaining better leverage from

limited Federal research funds.

''(c) Eligible Entities. -

''(1) In general. - To be eligible for a grant, contract, or

assistance under this section, an applicant shall be -

''(A) an institution of higher education;

''(B) a national laboratory;

''(C) a Federal research agency;

''(D) a State research agency;

''(E) a private sector entity;

''(F) a nonprofit organization; or

''(G) a consortium of two or more entities described in

subparagraphs (A) through (F).

''(2) Administration. - After consultation with the Board, the

points of contact shall -

''(A) publish annually one or more joint requests for

proposals for grants, contracts, and assistance under this

section;

''(B) establish a priority in grants, contracts, and

assistance under this section for research that -

''(i) demonstrates potential for significant advances in

biomass processing;

''(ii) demonstrates potential to substantially further

scale-sensitive national objectives such as -

''(I) sustainable resource supply;

''(II) reduced greenhouse gas emissions;

''(III) healthier rural economies; and

''(IV) improved strategic security and trade balances; and

''(iii) would improve knowledge of important biomass

processing systems that demonstrate potential for commercial

applications;

''(C) require that grants, contracts, and assistance under

this section be awarded competitively, on the basis of merit,

after the establishment of procedures that provide for

scientific peer review by an independent panel of scientific

and technical peers; and

''(D) give preference to applications that -

''(i) involve a consortia of experts from multiple

institutions; and

''(ii) encourage the integration of disciplines and

application of the best technical resources.

''(d) Uses of Grants, Contracts, and Assistance. - A grant,

contract, or assistance under this section may be used to conduct -

''(1) research on process technology for overcoming the

recalcitrance of biomass, including research on key mechanisms,

advanced technologies, and demonstration test beds for -

''(A) feedstock pretreatment and hydrolysis of cellulose and

hemicellulose, including new technologies for -

''(i) enhanced sugar yields;

''(ii) lower overall chemical use;

''(iii) less costly materials; and

''(iv) cost reduction;

''(B) development of novel organisms and other approaches to

substantially lower the cost of cellulase enzymes and enzymatic

hydrolysis, including dedicated cellulase production and

consolidated bioprocessing strategies; and

''(C) approaches other than enzymatic hydrolysis for

overcoming the recalcitrance of cellulosic biomass;

''(2) research on technologies for diversifying the range of

products that can be efficiently and cost-competitively produced

from biomass, including research on -

''(A) metabolic engineering of biological systems (including

the safe use of genetically modified crops) to produce novel

products, especially commodity products, or to increase product

selectivity and tolerance, with a research priority for the

development of biobased industrial products that can compete in

performance and cost with fossil-based products;

''(B) catalytic processing to convert intermediates of

biomass processing into products of interest;

''(C) separation technologies for cost-effective product

recovery and purification;

''(D) approaches other than metabolic engineering and

catalytic conversion of intermediates of biomass processing;

''(E) advanced biomass gasification technologies, including

coproduction of power and heat as an integrated component of

biomass processing, with the possibility of generating excess

electricity for sale; and

''(F) related research in advanced turbine and stationary

fuel cell technology for production of electricity from

biomass; and

''(3) research aimed at ensuring the environmental performance

and economic viability of biobased industrial products and their

raw material input of biomass when considered as an integrated

system, including research on -

''(A) the analysis of, and strategies to enhance, the

environmental performance and sustainability of biobased

industrial products, including research on -

''(i) accurate measurement and analysis of greenhouse gas

emissions, carbon sequestration, and carbon cycling in

relation to the life cycle of biobased industrial products

and feedstocks with respect to other alternatives;

''(ii) evaluation of current and future biomass resource

availability;

''(iii) development and analysis of land management

practices and alternative biomass cropping systems that

ensure the environmental performance and sustainability of

biomass production and harvesting;

''(iv) the land, air, water, and biodiversity impacts of

large-scale biomass production, processing, and use of

biobased industrial products relative to other alternatives;

and

''(v) biomass gasification and combustion to produce

electricity;

''(B) the analysis of, and strategies to enhance, the

economic viability of biobased industrial products, including

research on -

''(i) the cost of the required process technology;

''(ii) the impact of coproducts, including food, animal

feed, and fiber, on biobased industrial product price and

large-scale economic viability; and

''(iii) interactions between an emergent biomass refining

industry and the petrochemical refining infrastructure; and

''(C) the field and laboratory research related to feedstock

production with the interrelated goals of enhancing the

sustainability, increasing productivity, and decreasing the

cost of biomass processing, including research on -

''(i) altering biomass to make biomass easier and less

expensive to process;

''(ii) existing and new agricultural and energy crops that

provide a sustainable resource for conversion to biobased

industrial products while simultaneously serving as a source

for coproducts such as food, animal feed, and fiber;

''(iii) improved technologies for harvest, collection,

transport, storage, and handling of crop and residue

feedstocks; and

''(iv) development of economically viable cropping systems

that improve the conservation and restoration of marginal

land; or

''(4) any research and development in technologies or processes

determined by the Secretary of Agriculture and the Secretary of

Energy, acting through their respective points of contact and in

consultation with the Board, to be consistent with the purposes

described in subsection (b) and the priority described in

subsection (c)(2)(B).

''(e) Technology and Information Transfer to Agricultural Users.

-

''(1) In general. - The Administrator of the Cooperative State

Research, Education, and Extension Service and the Chief of the

Natural Resources Conservation Service shall ensure that

applicable research results and technologies from the Initiative

are adapted, made available, and disseminated through their

respective services, as appropriate.

''(2) Report. - Not later than 5 years after the date of the

enactment of this Act (June 20, 2000), the Administrator of the

Cooperative State Research, Education, and Extension Service and

the Chief of the Natural Resources Conservation Service shall

submit to the committees of Congress with jurisdiction over the

Initiative a report on the activities conducted by the services

under this subsection.

''SEC. 308. ADMINISTRATIVE SUPPORT AND FUNDS.

''(a) In General. - To the extent administrative support and

funds are not provided by other agencies under subsection (b), 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 title.

''(b) Other Agencies. - The heads of the agencies referred to in

section 305(b)(3), and the other members appointed under section

305(b)(4), may, and are encouraged to, provide administrative

support and funds of their respective agencies to the Board and the

Advisory Committee.

''(c) Limitation. - Not more than 4 percent of the amount

appropriated for each fiscal year under section 307(f) may be used

to pay the administrative costs of carrying out this title.

''SEC. 309. REPORTS.

''(a) Initial Report. - Not later than 180 days after the date of

the enactment of this Act (June 20, 2000), the Secretary of Energy

and the Secretary of Agriculture shall jointly submit to Congress a

report that -

''(1) identifies the points of contact, the members of the

Board, and the members of the Advisory Committee;

''(2) describes the status of current biobased industrial

product research and development efforts in both the Federal

Government and private sector;

''(3) includes a section prepared by the Board that establishes

a set of criteria to assess the potential of biobased industrial

products, which shall include for both biomass production and

transformation into biobased industrial products -

''(A) an energy accounting;

''(B) an environmental impact assessment; and

''(C) an economic assessment; and

''(4) describes the research and development goals of the

Initiative, including how funds will be allocated in order to

accomplish those goals.

''(b) Annual Reports. - For each fiscal year for which funds are

made available to carry out this title, 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 -

''(A) is consistent with the purposes described in section

307(b);

''(B) uses the set of criteria established under subsection

(a)(3); and

''(C) takes into account any recommendations that have been

made by the Advisory Committee;

''(2) the general status of cooperation and research and

development efforts carried out at each agency with respect to

biobased industrial products, including a report from the

Advisory Committee on whether the points of contact are funding

proposals that are selected under section 307(c)(2)(C); 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.

''SEC. 310. FUNDING.

''(a) Funding. - Of funds of the Commodity Credit Corporation,

the Secretary shall make available to carry out this title -

''(1) $5,000,000 for fiscal year 2002; and

''(2) $14,000,000 for each of fiscal years 2003 through 2007;

to remain available until expended.

''(b) Authorization of Appropriations. - In addition to amounts

transferred under subsection (a), there are authorized to be

appropriated to carry out this title $49,000,000 for each of fiscal

years 2002 through 2007.

''SEC. 311. TERMINATION OF AUTHORITY.

''The authority provided under this title shall terminate on

September 30, 2007.''

-EXEC-

EX. ORD. NO. 13134. DEVELOPING AND PROMOTING BIOBASED PRODUCTS AND

BIOENERGY

Ex. Ord. No. 13134, Aug. 12, 1999, 64 F.R. 44639, as amended by

Ex. Ord. No. 13225, Sec. 3(a), Sept. 28, 2001, 66 F.R. 50291,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), and in order to

stimulate the creation and early adoption of technologies needed to

make biobased products and bioenergy cost-competitive in large

national and international markets, it is hereby ordered as

follows:

Section 1. Policy. Current biobased product and bioenergy

technology has the potential to make renewable farm and forestry

resources major sources of affordable electricity, fuel, chemicals,

pharmaceuticals, and other materials. Technical advances in these

areas can create an expanding array of exciting new business and

employment opportunities for farmers, foresters, ranchers, and

other businesses in rural America. These technologies can create

new markets for farm and forest waste products, new economic

opportunities for underused land, and new value-added business

opportunities. They also have the potential to reduce our Nation's

dependence on foreign oil, improve air quality, water quality, and

flood control, decrease erosion, and help minimize net production

of greenhouse gases. It is the policy of this Administration,

therefore, to develop a comprehensive national strategy, including

research, development, and private sector incentives, to stimulate

the creation and early adoption of technologies needed to make

biobased products and bioenergy cost-competitive in large national

and international markets.

Sec. 2. Establishment of the Interagency Council on Biobased

Products and Bioenergy. (a) There is established the Interagency

Council on Biobased Products and Bioenergy (the ''Council''). The

Council shall be composed of the Secretaries of Agriculture,

Commerce, Energy, and the Interior, the Administrator of the

Environmental Protection Agency, the Director of the Office of

Management and Budget, the Assistant to the President for Science

and Technology, the Director of the National Science Foundation,

the Federal Environmental Executive, and the heads of other

relevant agencies as may be determined by the Co-Chairs of the

Council. Members may serve on the Council through designees.

Designees shall be senior officials who report directly to the

agency head (Assistant Secretary or equivalent).

(b) The Secretary of Agriculture and the Secretary of Energy

shall serve as Co-Chairs of the Council.

(c) The Council shall prepare annually a strategic plan for the

President outlining overall national goals in the development and

use of biobased products and bioenergy in an environmentally sound

manner and how these goals can best be achieved through Federal

programs and integrated planning. The goals shall include

promoting national economic growth with specific attention to rural

economic interests, energy security, and environmental

sustainability and protection. These strategic plans shall be

compatible with the national goal of producing safe and affordable

supplies of food, feed, and fiber in a way that is sustainable and

protects the environment, and shall include measurable objectives.

Specifically, these strategic plans shall cover the following

areas:

(1) biobased products, including commercial and industrial

chemicals, pharmaceuticals, products with large carbon

sequestering capacity, and other materials; and

(2) biomass used in the production of energy (electricity;

liquid, solid, and gaseous fuels; and heat).

(d) To ensure that the United States takes full advantage of the

potential economic and environmental benefits of bioenergy, these

strategic plans shall be based on analyses of: (1) the economic

impacts of expanded biomass production and use; and (2) the impacts

on national environmental objectives, including reducing greenhouse

gas emissions. Specifically, these plans shall include:

(1) a description of priorities for research, development,

demonstration, and other investments in biobased products and

bioenergy;

(2) a coordinated Federal program of research, building on the

research budgets of each participating agency; and

(3) proposals for using existing agency authorities to

encourage the adoption and use of biobased products and bioenergy

and recommended legislation for modifying these authorities or

creating new authorities if needed.

(e) The first annual strategic plan shall be submitted to the

President within 8 months from the date of this order.

(f) The Council shall coordinate its activities with actions

called for in all relevant Executive orders and shall not be in

conflict with proposals advocated by other Executive orders.

(Secs. 3 and 4. Revoked by Ex. Ord. No. 13225, Sec. 3(a), Sept.

28, 2001, 66 F.R. 50291.)

Sec. 5. Duties of the Departments of Agriculture and Energy. The

Secretaries of the Departments of Agriculture and Energy, to the

extent permitted by law and subject to the availability of

appropriations, shall each establish a working group on biobased

products and biobased activities in their respective Departments.

Consistent with the Federal biobased products and bioenergy

strategic plans described in sections 2(c) and (d) of this order,

the working groups shall:

(1) provide strategic planning and policy advice on the

Department's research, development, and commercialization of

biobased products and bioenergy; and

(2) identify research activities and demonstration projects to

address new opportunities in the areas of biomass production,

biobased product and bioenergy production, and related

fundamental research.

The chair of each Department's working group shall be a senior

official who reports directly to the agency head. If the Secretary

of Agriculture or Energy serves on the Interagency Council on

Biobased Products and Bioenergy through a designee, the designee

should be the chair of the Department's working group.

Sec. 6. Establishment of a National Biobased Products and

Bioenergy Coordination Office. Within 120 days of this order, the

Secretaries of Agriculture and Energy shall establish a joint

National Biobased Products and Bioenergy Coordination Office

(''Office'') to ensure effective day-to-day coordination of actions

designed to implement the strategic plans and guidance provided by

the Council and respond to recommendations made by the Committee.

All agencies represented on the Council, or that have capabilities

and missions related to the work of the Council, shall be invited

to participate in the operation of the Office. The Office shall:

(a) serve as an executive secretariat and support the work of the

Council, as determined by the Council, including the coordination

of multi-agency, integrated research, development, and

demonstration (''RD&D'') activities;

(b) use advanced communication and computational tools to

facilitate research coordination and collaborative research by

participating Federal and nonfederal research facilities and to

perform activities in support of RD&D on biobased product and

bioenergy development, including strategic planning, program

analysis and evaluation, communications networking, information and

data dissemination and technology transfer, and collaborative team

building for RD&D projects; and

(c) facilitate use of new information technologies for rapid

dissemination of information on biobased products and bioenergy to

and among farm operators; agribusiness, chemical, forest products,

energy, and other business sectors; the university community; and

public interest groups that could benefit from timely and reliable

information.

Sec. 7. Definitions. For the purposes of this order: (a) The term

''biomass'' means any organic matter that is available on a

renewable or recurring basis (excluding old-growth timber),

including dedicated energy crops and trees, agricultural food and

feed crop residues, aquatic plants, wood and wood residues, animal

wastes, and other waste materials.

(b) The term ''biobased product,'' as defined in Executive Order

13101 (42 U.S.C. 6961 note), means a commercial or industrial

product (other than food or feed) that utilizes biological products

or renewable domestic agricultural (plant, animal, and marine) or

forestry materials.

(c) The term ''bioenergy'' means biomass used in the production

of energy (electricity; liquid, solid, and gaseous fuels; and

heat).

(d) The term ''old growth timber'' means timber of a forest from

the late successional stage of forest development. The forest

contains live and dead trees of various sizes, species,

composition, and age class structure. The age and structure of old

growth varies significantly by forest type and from one

biogeoclimatic zone to another.

Sec. 8. Judicial Review. This order does not create any

enforceable rights against the Unites States, its agencies, its

officers, or any person.

-CITE-

7 USC Sec. 8102 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 8102. Federal procurement of biobased products

-STATUTE-

(a) Application of section

Except as provided in subsection (c) of this section, each

Federal agency shall comply with the requirements set forth in this

section and any regulations issued under this section, with respect

to any purchase or acquisition of a procurement item where the

purchase price of the item exceeds $10,000 or where the quantity of

such items or of functionally equivalent items purchased or

acquired in the course of the preceding fiscal year was $10,000 or

more.

(b) Procurement subject to other law

Any procurement, by any Federal agency, which 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 such requirements are inconsistent with such

regulations.

(c) Procurement preference

(1) Except as provided in paragraph (2), after the date specified

in applicable guidelines prepared pursuant to subsection (e) of

this section, each Federal agency which procures any items

designated in such guidelines shall, in making procurement

decisions, give preference to such items composed of the highest

percentage of biobased products practicable, consistent with

maintaining a satisfactory level of competition, considering such

guidelines.

(2) Agency flexibility. - Notwithstanding paragraph (1), an

agency may decide not to procure such items if the agency

determines that the items -

(A) are not reasonably available within a reasonable period of

time;

(B) fail to meet the performance standards set forth in the

applicable specifications or fail to meet the reasonable

performance standards of the procuring agencies; or

(C) are available only at an unreasonable price.

(3) After the date specified in any applicable guidelines

prepared pursuant to subsection (e) of this section, contracting

offices shall require that, with respect to biobased products,

vendors certify that the biobased products to be used in the

performance of the contract will comply with the applicable

specifications or other contractual requirements.

(d) Specifications

All Federal agencies that have the responsibility for drafting or

reviewing specifications for procurement items procured by Federal

agencies shall, within one year after the date of publication of

applicable guidelines under subsection (e) of this section, or as

otherwise specified in such guidelines, assure that such

specifications require the use of biobased products consistent with

the requirements of this section.

(e) Guidelines

(1) In general

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 section. Such guidelines shall -

(A) designate those items which are or can be produced with

biobased products and whose procurement by procuring agencies

will carry out the objectives of this section;

(B) set forth recommended practices with respect to the

procurement of biobased products and items containing such

materials and with respect to certification by vendors of the

percentage of biobased products used; and

(C) provide information as to the availability, relative

price, performance, and environmental and public health

benefits, of such materials and items and where appropriate

shall recommend the level of biobased material to be contained

in the procured product.

(2) Considerations

In making the designation under paragraph (1)(A), the Secretary

shall, at a minimum, consider -

(A) the availability of such items; and

(B) the economic and technological feasibility of using such

items, including life cycle costs.

(3) Final guidelines

The Secretary shall prepare final guidelines under this section

within 180 days after May 13, 2002.

(f) Office of Federal Procurement Policy

The Office of Federal Procurement Policy, in cooperation with the

Secretary, shall implement the requirements of this section. It

shall be the responsibility of the Office of Federal Procurement

Policy to coordinate this policy with other policies for Federal

procurement to implement the requirements of this section, and,

every two years beginning in 2003, to report to the Congress on

actions taken by Federal agencies and the progress made in the

implementation of this section, including agency compliance with

subsection (d) of this section.

(g) Procurement program

(1) Within one year after the date of publication of applicable

guidelines under subsection (e) of this section, each Federal

agency shall develop a procurement program which will assure that

items composed of biobased products will be purchased to the

maximum extent practicable and which is consistent with applicable

provisions of Federal procurement law.

(2) Each procurement program required under this subsection

shall, at a minimum, contain -

(A) a biobased products preference program;

(B) an agency promotion program to promote the preference

program adopted under subparagraph (A); and

(C) annual review and monitoring of the effectiveness of an

agency's procurement program.

(3) In developing the preference program, the following options

shall be considered for adoption:

(A) Case-by-case policy development. - Subject to the

limitations of subsection (c)(2)(A) through (C) of this section,

a policy of awarding contracts to the vendor offering an item

composed of the highest percentage of biobased products

practicable. Subject to such limitations, agencies may make an

award to a vendor offering items with less than the maximum

biobased products content.

(B) Minimum content standards. - Minimum biobased products

content specifications which are set in such a way as to assure

that the biobased products content required is consistent with

the requirements of this section, without violating the

limitations of subsection (c)(2) (A) through (C) of this section.

Federal agencies shall adopt one of the options set forth in

subparagraphs (A) and (B) or a substantially equivalent

alternative, for inclusion in the procurement program.

(h) Labeling

(1) In general

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

''U.S.D.A. Certified Biobased Product''.

(2) Eligibility criteria

Within one year after May 13, 2002, the Secretary, in

consultation with the Administrator, shall issue criteria for

determining which products may qualify to receive the label under

paragraph (1). The criteria shall encourage the purchase of

products with the maximum biobased content, and should, to the

maximum extent possible, be consistent with the guidelines issued

under subsection (e) of this section.

(3) Use of the label

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).

(4) Recognition

The Secretary shall establish a voluntary program to recognize

Federal agencies and private entities that use a substantial

amount of biobased products.

(i) Limitation

Nothing in this section shall apply to the procurement of motor

vehicle fuels or electricity.

(j) Funding

(1) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this section.

(2) Funding for testing of biobased products

(A) In general

Of the funds of the Commodity Credit Corporation, the

Secretary shall use $1,000,000 for each of fiscal years 2002

through 2007 to support testing of biobased products to carry

out this section.

(B) Use of funds

Amounts made available under subparagraph (A) may be used to

support contracts or cooperative agreements with entities that

have experience and special skills to conduct such testing.

(C) Priority

At the discretion of the Secretary, the Secretary may give

priority to the testing of products for which private sector

firms provide cost sharing for the testing.

-SOURCE-

(Pub. L. 107-171, title IX, Sec. 9002, May 13, 2002, 116 Stat.

476.)

-CITE-

7 USC Sec. 8103 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 8103. Biorefinery development grants

-STATUTE-

(a) Purpose

The purpose of this section is to assist in the development of

new and emerging technologies for the use of biomass, including

lignocellulosic biomass, so as to -

(1) develop transportation and other fuels, chemicals, and

energy from renewable sources;

(2) increase the energy independence of the United States;

(3) provide beneficial effects on conservation, public health,

and the environment;

(4) diversify markets for raw agricultural and forestry

products; and

(5) create jobs and enhance the economic development of the

rural economy.

(b) Definitions

In this section:

(1) Advisory Committee

The term ''Advisory Committee'' means the Biomass Research and

Development Technical Advisory Committee established by section

306 of the Biomass Research and Development Act of 2000 (7 U.S.C.

8101 note) (Public Law 106-224).

(2) Biorefinery

The term ''biorefinery'' means equipment and processes that -

(A) convert biomass into fuels and chemicals; and

(B) may produce electricity.

(3) Board

The term ''Board'' means the Biomass Research and Development

Board established by section 305 of the Biomass Research and

Development Act of 2000 (7 U.S.C. 8101 note) (Public Law

106-224).

(4) Indian tribe

The term ''Indian tribe'' has the meaning given the term in

section 450b of title 25.

(c) Grants

The Secretary shall award grants to eligible entities to assist

in paying the cost of development and construction of biorefineries

to carry out projects to demonstrate the commercial viability of 1

or more processes for converting biomass to fuels or chemicals.

(d) Eligible entities

An individual, corporation, farm cooperative, association of

farmers, national laboratory, institution of higher education (as

defined in section 1001 of title 20), State or local energy agency

or office, Indian tribe, or consortium comprised of any of those

entities shall be eligible to receive a grant under subsection (c)

of this section.

(e) Competitive basis for awards

(1) In general

The Secretary shall award grants under subsection (c) of this

section on a competitive basis after consulting the Board and

Advisory Committee.

(2) Selection criteria

(A) In general

In selecting projects to receive grants under subsection (c)

of this section, the Secretary -

(i) shall select projects based on the likelihood that the

projects will demonstrate the commercial viability of a new

and emerging process for converting biomass into fuels,

chemicals, or energy; and

(ii) may consider the likelihood that the projects will

produce electricity.

(B) Factors

The factors to be considered under subparagraph (A) may

include -

(i) the potential market for the product or products;

(ii) the level of financial participation by the

applicants;

(iii) the availability of adequate funding from other

sources;

(iv) the beneficial impact on resource conservation, public

health, and the environment;

(v) the participation of producer associations and

cooperatives;

(vi) the timeframe in which the project will be

operational;

(vii) the potential for rural economic development;

(viii) the participation of multiple eligible entities; and

(ix) the potential for developing advanced industrial

biotechnology approaches.

(f) Cost sharing

(1) In general

The amount of a grant for a project awarded under subsection

(c) of this section shall not exceed 30 percent of the cost of

the project.

(2) Form of grantee share

(A) In general

The grantee share of the cost of a project may be made in the

form of cash or the provision of services, material, or other

in-kind contributions.

(B) Limitation

The amount of the grantee share of the cost of a project that

is made in the form of the provision of services, material, or

other in-kind contributions shall not exceed 25 percent of the

amount of the grantee share determined under paragraph (1).

(g) Consultation

In carrying out this section, the Secretary shall consult with

the Secretary of Energy.

(h) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to carry out this section for each of fiscal years 2002

through 2007.

-SOURCE-

(Pub. L. 107-171, title IX, Sec. 9003, May 13, 2002, 116 Stat.

478.)

-CITE-

7 USC Sec. 8104 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 8104. Biodiesel fuel education program

-STATUTE-

(a) Establishment

The Secretary shall, under such terms and conditions as are

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.

(b) Eligible entities

To receive a grant under subsection (a) of this section, an

entity -

(1) shall be a nonprofit organization or institution of higher

education (as defined in section 1001 of title 20);

(2) shall have demonstrated knowledge of biodiesel fuel

production, use, or distribution; and

(3) shall have demonstrated the ability to conduct educational

and technical support programs.

(c) Consultation

In carrying out this section, the Secretary shall consult with

the Secretary of Energy.

(d) Funding

Of the funds of the Commodity Credit Corporation, the Secretary

shall make available to carry out this section $1,000,000 for each

of fiscal years 2003 through 2007.

-SOURCE-

(Pub. L. 107-171, title IX, Sec. 9004, May 13, 2002, 116 Stat.

480.)

-CITE-

7 USC Sec. 8105 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 8105. Energy audit and renewable energy development program

-STATUTE-

(a) In general

The Secretary shall make competitive grants to eligible entities

to carry out a program to assist farmers, ranchers, and rural small

businesses in becoming more energy efficient and in using renewable

energy technology and resources.

(b) Eligible entities

Entities eligible to carry out a program under subsection (a) of

this section are -

(1) a State energy or agricultural office;

(2) a regional or State-based energy organization or energy

organization of an Indian tribe (as defined in section 450b of

title 25);

(3) a land-grant college or university (as defined in section

3103 of this title) or other institution of higher education (as

defined in section 1001 of title 20);

(4) a rural electric cooperative or utility;

(5) a nonprofit organization; and

(6) any other entity, as determined by the Secretary.

(c) Merit review

(1) Merit review process

The Secretary shall establish a merit review process to review

applications for grants under subsection (a) of this section that

uses the expertise of other Federal agencies, industry, and

nongovernmental organizations.

(2) Selection criteria

In reviewing applications of eligible entities to receive

grants under subsection (a) of this section, 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;

(C) the number of farmers, ranchers, and rural small

businesses to be assisted by the program;

(D) the potential for energy savings and environmental and

public health benefits resulting from the program; and

(E) the plan of the eligible entity for educating farmers,

ranchers, and rural small businesses on the benefits of energy

efficiency and renewable energy development.

(d) Use of grant funds

(1) Required uses

A recipient of a grant under subsection (a) of this section

shall use the grant funds to conduct and promote energy audits

for farmers, ranchers, and rural small businesses to provide

farmers, ranchers, and rural small businesses recommendations on

how to improve energy efficiency and use renewable energy

technology and resources.

(2) Permitted uses

In addition to the uses described in paragraph (1), a recipient

of a grant may use the grant funds to make farmers, ranchers, and

rural small businesses aware of, and ensure that they have access

to -

(A) financial assistance under section 8106 of this title;

and

(B) other Federal, State, and local financial assistance

programs for which farmers, ranchers, and rural small

businesses may be eligible.

(e) Cost sharing

A recipient of a grant under subsection (a) of this section that

conducts an energy audit for a farmer, rancher, or rural small

business under subsection (d)(1) of this section shall require

that, as a condition of the energy audit, the farmer, rancher, or

rural small business pay at least 25 percent of the cost of the

audit.

(f) Use of cost-share funds

Funds collected by a recipient of a grant under subsection (e) of

this section as a result of activities carried out using the grant

funds shall be used to conduct activities authorized under this

section, as approved by the Secretary.

(g) Consultation

In carrying out this section, the Secretary shall consult with

the Secretary of Energy.

(h) Reports

Not later than 4 years after May 13, 2002, the Secretary shall

submit to Congress a report on the implementation of this section.

(i) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to carry out this section for each of fiscal years 2002

through 2007.

-SOURCE-

(Pub. L. 107-171, title IX, Sec. 9005, May 13, 2002, 116 Stat.

480.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8106 of this title.

-CITE-

7 USC Sec. 8106 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 8106. Renewable energy systems and energy efficiency

improvements

-STATUTE-

(a) In general

In addition to exercising authority to make loans and loan

guarantees under other law, the Secretary shall make loans, loan

guarantees, and grants to farmers, ranchers, and rural small

businesses to -

(1) purchase renewable energy systems; and

(2) make energy efficiency improvements.

(b) Eligibility

To be eligible to receive a grant under subsection (a) of this

section, a farmer, rancher, or rural small business shall

demonstrate financial need as determined by the Secretary.

(c) Cost sharing

(1) In general

(A) Grants

The amount of a grant shall not exceed 25 percent of the cost

of the activity funded under subsection (a) of this section.

(B) Maximum amount of combined grant and loan

The combined amount of a grant and loan made or guaranteed

shall not exceed 50 percent of the cost of the activity funded

under subsection (a) of this section.

(2) Factors

In determining the amount of a grant or loan, 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 extent to which the renewable energy system will be

replicable;

(E) the amount of energy savings expected to be derived from

the activity, as demonstrated by an energy audit comparable to

an energy audit under section 8105 of this title;

(F) the estimated length of time it would take for the energy

savings generated by the activity to equal the cost of the

activity; and

(G) other factors as appropriate.

(d) Interest rate

(1) In general

A loan made by the Secretary under subsection (a) of this

section shall bear interest at the rate equivalent to the rate of

interest charged on Treasury securities of comparable maturity on

the date the loan is approved.

(2) Duration

The interest rate for each loan will remain in effect for the

term of the loan.

(e) Consultation

In carrying out this section, the Secretary shall consult with

the Secretary of Energy.

(f) Funding

Of the funds of the Commodity Credit Corporation, the Secretary

shall make available to carry out this section $23,000,000 for each

of fiscal years 2003 through 2007.

-SOURCE-

(Pub. L. 107-171, title IX, Sec. 9006, May 13, 2002, 116 Stat.

482.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8105 of this title.

-CITE-

7 USC Sec. 8107 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 8107. Hydrogen and fuel cell technologies

-STATUTE-

(a) In general

The Secretary and the Secretary of Energy shall enter into a

memorandum of understanding under which the Secretary and the

Secretary of Energy shall cooperate in the application of hydrogen

and fuel cell technology programs for rural communities and

agricultural producers.

(b) Dissemination of information

Under the memorandum of understanding, the Secretary shall work

with the Secretary of Energy to disseminate information to rural

communities and agricultural producers on potential applications of

hydrogen and fuel cell technologies.

-SOURCE-

(Pub. L. 107-171, title IX, Sec. 9007, May 13, 2002, 116 Stat.

483.)

-CITE-

7 USC Sec. 8108 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 8108. Continuation of bioenergy program

-STATUTE-

(a) Definitions

In this section:

(1) Bioenergy

The term ''bioenergy'' means -

(A) biodiesel; and

(B) fuel grade ethanol.

(2) Biodiesel

The term ''biodiesel'' means a monoalkyl ester that meets the

requirements of an appropriate American Society for Testing and

Materials standard.

(3) Eligible commodity

The term ''eligible commodity'' means -

(A) wheat, corn, grain sorghum, barley, oats, rice, soybeans,

sunflower seed, rapeseed, canola, safflower, flaxseed, mustard,

crambe, sesame seed, and cottonseed;

(B) a cellulosic commodity (such as hybrid poplar and switch

grass);

(C) fats, oils, and greases (including recycled fats, oils,

and greases) derived from an agricultural product; and

(D) any animal byproduct (in addition to oils, fats, and

greases) that may be used to produce bioenergy, as determined

by the Secretary.

(4) Eligible producer

The term ''eligible producer'' means a producer that uses an

eligible commodity to produce bioenergy.

(b) Bioenergy Program

(1) Continuation

The Secretary shall continue the program under part 1424 of

title 7, Code of Federal Regulations (or any successor

regulation), under which the Secretary makes payments to eligible

producers to encourage increased purchases of eligible

commodities for the purpose of expanding production of such

bioenergy and supporting new production capacity for such

bioenergy.

(2) Contracts

To be eligible to receive a payment, an eligible producer shall

-

(A) enter into a contract with the Secretary to increase

bioenergy production for 1 or more fiscal years; and

(B) submit to the Secretary such records as the Secretary may

require as evidence of increased purchase and use of eligible

commodities for the production of bioenergy.

(3) Payment

(A) In general

Under the program, the Secretary shall make payments to

eligible producers, based on the quantity of bioenergy produced

by the eligible producer during a fiscal year that exceeds the

quantity of bioenergy produced by the eligible producer during

the preceding fiscal year.

(B) Payment rate

(i) Producers of less than 65,000,000 gallons

An eligible producer that produces less than 65,000,000

gallons of bioenergy shall be reimbursed 1 feedstock unit for

every 2.5 feedstock units of eligible commodity used for

increased production.

(ii) Producers of 65,000,000 or more gallons

An eligible producer that produces 65,000,000 or more

gallons of bioenergy shall be reimbursed 1 feedstock unit for

every 3.5 feedstock units of eligible commodity used for

increased production.

(C) Quarterly payments

The Secretary shall make payments to an eligible producer for

each quarter of the fiscal year.

(4) Proration

If the amount made available for a fiscal year under subsection

(c) of this section is insufficient to allow the payment of the

amount of the payments that eligible producers (that apply for

the payments) otherwise would receive under this subsection, the

Secretary shall prorate the amount of the funds among all such

eligible producers.

(5) Overpayments

If the total amount of payments that an eligible producer

receives for a fiscal year under this section exceeds the amount

that the eligible producer should have received under this

subsection, the eligible producer shall repay the amount of the

overpayment to the Secretary, with interest (as determined by the

Secretary).

(6) Limitation

No eligible producer shall receive more than 5 percent of the

total amount made available under subsection (c) of this section

for a fiscal year.

(7) Other requirements

To be eligible to receive a payment under this subsection, an

eligible producer shall meet other requirements of Federal law

(including regulations) applicable to the production of

bioenergy.

(c) Funding

Of the funds of the Commodity Credit Corporation, the Secretary

shall use to carry out this section -

(1) not more than $150,000,000 for each of fiscal years 2003

through 2006; and

(2) $0 for fiscal year 2007.

-SOURCE-

(Pub. L. 107-171, title IX, Sec. 9010, May 13, 2002, 116 Stat.

485.)

-CITE-