U.S. Congress - Text of H.R.2656 as Introduced in House American Farm Improvement Act of 2007
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Donate NowH.R.2656 - American Farm Improvement Act of 2007
To enhance the ongoing profitability and viability of America's farms, forests, and ranches by making conservation activities more cost-effective and efficient, by creating new revenue opportunities through biofuels, and for other purposes.
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HR 2656 IHCommentsClose CommentsPermalink
To enhance the ongoing profitability and viability of America's farms, forests, and ranches by making conservation activities more cost-effective and efficient, by creating new revenue opportunities through biofuels, and for other purposes.CommentsClose CommentsPermalink
June 11, 2007
Mr. MAHONEY of Florida (for himself and Mr. PUTNAM) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
To enhance the ongoing profitability and viability of America's farms, forests, and ranches by making conservation activities more cost-effective and efficient, by creating new revenue opportunities through biofuels, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `American Farm Improvement Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--CONSERVATION
Sec. 101. Farmland stewardship process.CommentsClose CommentsPermalink
Sec. 102. Expansion of farmland protection tools and opportunities.CommentsClose CommentsPermalink
TITLE II--RENEWABLE ENERGY
Sec. 201. Consistent definitions of `biomass', `renewable biomass', `cellulosic biomass', `cellulosic biomass ethanol', `cellulosic feedstock', and `lignocellulosic feedstock' throughout the laws of the United States.CommentsClose CommentsPermalink
Sec. 202. Cellulosic biofuel and emerging technology loan guarantee program.CommentsClose CommentsPermalink
Sec. 203. Animal waste environmental protection and bioenergy production grants and loans.CommentsClose CommentsPermalink
Sec. 204. Biomass feedstock commercialization initiative.CommentsClose CommentsPermalink
TITLE I--CONSERVATION
SEC. 101. FARMLAND STEWARDSHIP PROCESS.
(a) Partnerships and Cooperation- Section 1243(f) of the Food Security Act of 1985 (
(1) by striking paragraph (1) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall use resources provided under subtitle D to enter into stewardship agreements with owners, operators and producers, as described under section 1240Q, and to designate special projects, as recommended by the State Conservationist, after consultation with the State technical committee, to enhance technical and financial assistance provided to owners, operators, and producers to address natural resource issues related to agricultural production.';CommentsClose CommentsPermalink
(2) by striking paragraph (3) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(3) INCENTIVES- To realize the purposes of the special projects under paragraph (1), and consistent with section 1240Q, the Secretary shall provide special incentives to owners, operators, and producers participating in the special projects to encourage partnerships and enrollments of optimal conservation value.';CommentsClose CommentsPermalink
(3) in paragraph (4)(A), by striking `may' and inserting `shall' and by inserting `in cooperation' after `stewardship agreement'; andCommentsClose CommentsPermalink
(4) in paragraph (4)(B), by striking `Each party to' and inserting `The designated State agency responsible for' and by striking `by the party' and inserting `under a stewardship agreement'.CommentsClose CommentsPermalink
(b) Establishment and Purposes of the Farmland Stewardship Process- Subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1240P (
`SEC. 1240Q. ESTABLISHMENT AND PURPOSES OF THE FARMLAND STEWARDSHIP PROCESS.
`(a) In General- The Secretary shall establish within the Department a process to be known as the `Farmland Stewardship Process'.CommentsClose CommentsPermalink
`(b) Purposes- The purposes of this process shall be to--CommentsClose CommentsPermalink
`(1) ensure adequate flexibility to enable conservation programs administered by the Secretary to be responsive to local conditions and tailored to the site-specific needs of, and opportunities presented by, individual parcels of eligible agricultural land;CommentsClose CommentsPermalink
`(2) reduce administrative procedures and costs, provide simplified conservation and expand conservation opportunities by allowing owners, operators and producers to carry out multiple conservation activities through one application and one contract;CommentsClose CommentsPermalink
`(3) provide a means through which the conservation objectives of multiple programs, administered by multiple agencies at multiple levels of government can be more easily coordinated and applied to individual parcels of property; andCommentsClose CommentsPermalink
`(4) maximize the effectiveness of existing programs by providing a mechanism through which conservation objectives and practices that are needed to supplement, complement or optimize one or more existing programs can be incorporated into a contract with an owner, operator or producer.CommentsClose CommentsPermalink
`(c) Relation to Other Conservation Programs- Under this process, the Secretary may implement, or combine together, the features of--CommentsClose CommentsPermalink
`(1) any conservation program administered by the Secretary; orCommentsClose CommentsPermalink
`(2) Any conservation program administered by another Federal agency or a State or local government, if implementation by the Secretary--CommentsClose CommentsPermalink
`(A) is feasible; andCommentsClose CommentsPermalink
`(B) is carried out with the consent of the applicable administering agency or government.CommentsClose CommentsPermalink
`(d) Funding-CommentsClose CommentsPermalink
`(1) IN GENERAL- This process and the stewardship agreements created by this process shall be funded by the Secretary using--CommentsClose CommentsPermalink
`(A) the funding authorities of the conservation programs that are implemented through the use of stewardship agreements;CommentsClose CommentsPermalink
`(B) technical assistance in accordance with section 1243(d);CommentsClose CommentsPermalink
`(C) funds from the Commodity Credit Corporation as provided in paragraph (3) of this subsection; andCommentsClose CommentsPermalink
`(D) such other sums as may be appropriated from time to time to carry out the Farmland Stewardship Process.CommentsClose CommentsPermalink
`(2) COST SHARING- It shall be a requirement of the Farmland Stewardship Process that funds that come from Federal conservation programs that are combined into and made a part of a stewardship agreement must be matched equally with funding or cost share contributions that may be made by State, regional, or local agencies and divisions of government or from private funding sources. Funds from existing programs shall be used to carry out the purposes of those programs that are made a part of a stewardship agreement. Funding for other purposes must come from the funds provided under subparagraphs (B), (C), and (D) of paragraph (1), paragraph (3), or from the funding contributions made by State, regional, or local agencies and divisions of government or from private funding sources.CommentsClose CommentsPermalink
`(3) ESTABLISHMENT AND OPERATION- Of the funds of the Commodity Credit Corporation the Secretary shall use $200,000,000 for each of the fiscal years 2008 through 2012 to establish the Farmland Stewardship Process and to operate it through the `designated state agency' selected by each State's governor, as provided in subsection (e).CommentsClose CommentsPermalink
`(4) CARRYOVER OF FUNDS- The funds provided in paragraph (3) shall remain available until expended.CommentsClose CommentsPermalink
`(e) Personnel Costs- The Secretary shall use the Natural Resources Conservation Service to carry out the Farmland Stewardship Process in cooperation with the State department of agriculture or other designated agency within the State. The role of the Natural Resources Conservation Service shall be limited to federal oversight of the process. The Natural Resources Conservation Service shall perform its normal functions with respect to the conservation programs that it administers. However, it shall play no role in the assembly of programs administered by other federal agencies into stewardship agreements.CommentsClose CommentsPermalink
`(f) State Level Administration- The governor of each state shall determine which state agency shall have primary responsibility for operating the Farmland Stewardship Process. The governor shall give first preference to the state department of agriculture in selecting an agency for operation of the process. A State department of agriculture, or other agency designated by the governor, may choose to operate the process on its own, or may collaborate with another local, State or Federal agency, conservation district or tribe. The designated State agency shall consult with the agencies with management authority and responsibility for the resources affected on properties on which stewardship agreements are negotiated and assembled.CommentsClose CommentsPermalink
`(g) Agreements Authorized- The Secretary shall carry out the Farmland Stewardship Process by entering into service contracts as determined by the Secretary, to be known as stewardship agreements, with owners, operators and producers to maintain and protect the natural and agricultural resources on the land.CommentsClose CommentsPermalink
`(h) Definition- The term `service contract' means a legally binding agreement between 2 parties under which--CommentsClose CommentsPermalink
`(1) one party agrees to render one or more services in accordance with the terms of the contract; andCommentsClose CommentsPermalink
`(2) the second party agrees to pay the first party for each service rendered.CommentsClose CommentsPermalink
`(i) Funding Participation- Any agency participating in the Farmland Stewardship Process that has the authority to enter into service contracts and to expend public funds under such contracts may enter into or participate in the funding of a stewardship agreement.CommentsClose CommentsPermalink
`(j) No Income Limitations- To avoid conflicts and ensure that all the purposes and intents of stewardship agreements can be carried out, all owners, operators and producers who enter into or participate in a stewardship agreement shall be exempt from the limitations in section 1001D(b)(2)(C) of this Act (
`(k) Adjustments in Conservation Program Elements To Respond to Local Conditions- (1) The Secretary shall consider requests from a State Conservationist of the Natural Resources Conservation Service, a state Executive Director of the Farm Services Agency, a designated state agency, or a contracting agency authorized by the Secretary to enter into and administer stewardship agreements to make limited adjustments on a case-by-case basis to the eligibility criteria, approved practices, requirements, and other elements of the conservation programs combined into a stewardship agreement. Adjustments may be made to ensure that--CommentsClose CommentsPermalink
`(A) the conservation programs combined into a stewardship agreement can be more easily implemented in the State;CommentsClose CommentsPermalink
`(B) all program elements are responsive to regional differences and local conditions within the State;CommentsClose CommentsPermalink
`(C) no program requirement or criteria conflicts with or works against the conservation priorities or needs of the State; andCommentsClose CommentsPermalink
`(D) no program requirement or criteria prevents one or more programs from being combined together through a stewardship agreement.CommentsClose CommentsPermalink
`(2) Requests for adjustments shall be granted for one or more of the following purposes:CommentsClose CommentsPermalink
`(A) To acknowledge, accommodate and respond to regional differences and local conditions within the State.CommentsClose CommentsPermalink
`(B) To allow sufficient flexibility to enable a conservation program to better adapt to the diverse situations faced by owners and operators within the state, and adapt to the farming practices of the State.CommentsClose CommentsPermalink
`(C) To allow sufficient flexibility to tailor a conservation program to the specific needs, opportunities and challenges offered by individual parcels of land.CommentsClose CommentsPermalink
`(D) To modify administrative requirements that, in the absence of such modification, may limit or prevent the use of a program on eligible agricultural land.CommentsClose CommentsPermalink
`(E) To allow owners and operators to receive compensation for maintaining previously implemented owner- or operator-financed conservation practices and to receive credit for incorporating these practices into new contracts.CommentsClose CommentsPermalink
`(F) To address the conservation priorities established by the State or locality in which the eligible agricultural land is located.CommentsClose CommentsPermalink
`(G) To modify administrative requirements that, in the absence of such modification, may prevent one or more programs from being combined together through a stewardship agreement.CommentsClose CommentsPermalink
`(3) Requests for adjustments also can be made that will facilitate the coordination and administration of conservation programs in the State, including--CommentsClose CommentsPermalink
`(A) establishing different enrollment criteria than otherwise established by regulation or policy;CommentsClose CommentsPermalink
`(B) establishing different compensation rates to the extent the parties to the agreement consider justified;CommentsClose CommentsPermalink
`(C) establishing different conservation practice criteria if doing so will achieve greater conservation benefits;CommentsClose CommentsPermalink
`(D) providing more streamlined and integrated paperwork requirements;CommentsClose CommentsPermalink
`(E) providing for the transfer of conservation program funds to States with flexible incentives accounts; andCommentsClose CommentsPermalink
`(F) providing funds for an adaptive management process to monitor the effectiveness of the program for the protection of natural resources, economic effectiveness, and sustaining the agricultural economy.CommentsClose CommentsPermalink
`(4) Adjustments may be made only if the purposes to be achieved by the program after the adjustments are made remain consistent with the purposes for which the program was established.CommentsClose CommentsPermalink
`(5) For a request for an adjustment to be considered, a State conservationist, state executive director, designated State agency or contracting agency must submit a request for an adjustment to the appropriate Federal official. The official may request documentation in addition to the documentation required by paragraph (6), or may suggest alternative methods of making adjustments on the property in question, prior to deciding whether or not to grant a request for an adjustment. The response shall be provided within 180 days after receipt of the request.CommentsClose CommentsPermalink
`(6) A request under paragraph (5) shall--CommentsClose CommentsPermalink
`(A) explain why a subject property, owner or operator or activity qualifies for participation in the program;CommentsClose CommentsPermalink
`(B) explain the programmatic or conservation benefits represented;CommentsClose CommentsPermalink
`(C) describe the requested resources and adjustments to program implementation (including a description of how those adjustments will accelerate the achievement of conservation benefits);CommentsClose CommentsPermalink
`(D) describe the contribution those adjustments will make to the effectiveness of programs in achieving their purposes, in addressing state conservation priorities or needs, and in responding to local conditions;CommentsClose CommentsPermalink
`(E) describe the non-Federal programs and resources that will be available to contribute to the proposed project or activity; andCommentsClose CommentsPermalink
`(F) request that the official grant the adjustment, based on the documentation submitted.CommentsClose CommentsPermalink
`(l) Application and Approval Process- To participate in the Farmland Stewardship Process, an owner, operator or producer on eligible agricultural land shall--CommentsClose CommentsPermalink
`(1) submit to the Secretary an application indicating interest in the process and describing the owner's or operators property, its resources, and their ecological and agricultural values;CommentsClose CommentsPermalink
`(2) submit to the Secretary the purpose and objectives of the proposed agreement and a list of services to be provided, or a management plan to be implemented, or both;CommentsClose CommentsPermalink
`(3) if the application and list are accepted by the Secretary, enter into an agreement that details the purpose and objectives of the agreement and the services to be provided, or management plan to be implemented, or both, and requires compliance with the other terms of the agreement.CommentsClose CommentsPermalink
`(m) Primary Program- In applying to participate in the Farmland Stewardship Process, an applicant must designate one of the programs in this subtitle, such as the conservation security program, environmental quality incentives program, conservation reserve program, or the farmland protection program, as the `primary program', upon which a stewardship agreement will be based and around which conservation practices will be negotiated and implemented.CommentsClose CommentsPermalink
`(n) Effective Use of Federal Resources- The Secretary shall ensure that Federal resources are equitably and effectively distributed through the use of stewardship agreements by taking local conditions, local farming practices and local costs of production into consideration and by allocating resources based on--CommentsClose CommentsPermalink
`(1) the merits of the activities to be carried out;CommentsClose CommentsPermalink
`(2) the benefits to be derived from the practices to be installed, the services to be provided, or the management plan to be implemented under a stewardship agreement; andCommentsClose CommentsPermalink
`(3) the opportunities that exist to advance conservation objectives in a watershed, region or priority area for a State.CommentsClose CommentsPermalink
`(o) Equitable Treatment of Producers- The Secretary shall ensure that all rules, criteria and definitions used to determine eligibility for participation by owners, operators and producers in the conservation, cost-share, incentive payment, marketing assistance, grant and loan guarantee programs administered by the Secretary that may be combined into a stewardship agreement are as inclusive as possible and extend opportunities to participate to as many owners, operators and producers as possible. In particular, the Secretary shall ensure that--CommentsClose CommentsPermalink
`(1) all owners, operators and producers that maintain land in agricultural uses, have bonafide agricultural operations and consistently derive an ongoing and substantial portion of their revenues from agriculture and agriculturally-related enterprises shall be eligible to participate in the programs administered by the Secretary that are combined into a stewardship agreement;CommentsClose CommentsPermalink
`(2) no producer shall be prevented from participating in these programs, nor be declared ineligible for participation under the Department's Notice of Solicitation of Applications (NOSA) definitions, if said producer is a publicly-held company, nor if said producer should derive income and revenues from an integrated agricultural operation, business activities unrelated to agriculture or as a result of land sales that make the revenues derived from agricultural production less than 50 percent of its earnings in any one year.CommentsClose CommentsPermalink
`(p) Increased Participation by Large Owners, Operators and Producers- The Secretary shall recognize that individuals, companies and corporations that own and operate large land holdings that are devoted primarily to agricultural uses can have a positive impact on advancing the objectives of the Department's conservation programs. The Secretary shall ensure that the criteria and procedures used for determining eligibility and evaluating applications shall encourage participation by individuals, companies and corporations, including publicly held corporations, with large land holdings devoted primarily to agricultural uses, particularly when their participation can make a significant contribution toward effectively and comprehensively addressing national, State, and local conservation priorities.'.CommentsClose CommentsPermalink
(c) Funding- Subsection (a) of section 1241 of the Food Security Act of 1985 (
`(8) The Farmland Stewardship Process under section 1240Q, using, to the maximum extent practicable, $200,000,000 for each of the fiscal years 2008 through 2012.'.CommentsClose CommentsPermalink
SEC. 102. EXPANSION OF FARMLAND PROTECTION TOOLS AND OPPORTUNITIES.
Subtitle D of title XII of the Food Security Act of 1985 is amended by adding after section 1238J (
`SEC. 1238K. RURAL LAND STEWARDSHIP IMPLEMENTATION GRANTS.
`(a) Grants- The Secretary shall establish a process to make rural land stewardship implementation grants of up to $500,000 per county available from the funds appropriated to the Secretary to carry out the Farmland Protection Program.CommentsClose CommentsPermalink
`(b) Purpose and Use- The Secretary shall direct that these funds are to be spent in assisting the existing easement process, but that, notwithstanding any language to the contrary, special consideration shall be provided to establishing one or more rural land stewardship implementation programs in participating States by allowing these funds to be used for rural community planning and for developing and implementing comprehensive strategies for rural land preservation and the ongoing continued viability of agriculture, not just for the purchase of easements from individual owners, in order to define a process that will allow future appropriations from the Farmland Protection Program to be leveraged many times over to multiply their intended impact.CommentsClose CommentsPermalink
`(c) Strategies; Model- Rural community planning and the development of comprehensive rural land stewardship strategies shall be accomplished through a science based, stakeholder generated rural planning framework that takes market forces into consideration and may use as a model the procedures that have been developed and successfully implemented in the State of Florida under chapter 163.3177(11)(d), Florida Statutes.CommentsClose CommentsPermalink
`(d) Relation to Other Conservation Authorities- Eligible producers shall be required to specifically elect to pursue a rural lands stewardship implementation grant in lieu of using the same amount of funding for the purchase of easements from individual owners. Eligible producers must state that they understand that the use of farmland protection program funds for a rural lands stewardship implementation grant--CommentsClose CommentsPermalink
`(1) shall not preclude any eligible producer within a Rural Lands Stewardship Area from applying for and receiving funds for the purchase of easements under the Farmland Protection Program, butCommentsClose CommentsPermalink
`(2) will reduce the amount of funding available to the State for the purchase of easements through the Farmland Protection Program by an amount equal to the grant.'.CommentsClose CommentsPermalink
TITLE II--RENEWABLE ENERGY
SEC. 201. CONSISTENT DEFINITIONS OF `BIOMASS', `RENEWABLE BIOMASS', `CELLULOSIC BIOMASS', `CELLULOSIC BIOMASS ETHANOL', `CELLULOSIC FEEDSTOCK', AND `LIGNOCELLULOSIC FEEDSTOCK' THROUGHOUT THE LAWS OF THE UNITED STATES.
(a) Energy Policy Act of 2005-CommentsClose CommentsPermalink
(1) Subsection (a) of section 932 of the Energy Policy Act of 2005 (
`(1) BIOMASS- The term `biomass' means--CommentsClose CommentsPermalink
`(A) any organic material that is available on a renewable or recurring basis;CommentsClose CommentsPermalink
`(B) any organic material grown or collected for the purpose of being converted to energy (including aquatic plants);CommentsClose CommentsPermalink
`(C) any organic byproduct of agriculture and forestry (including wastes from food production and processing, used vegetable oil, mill residues, and storm-, insect- and diseased-damaged crops and trees) that can be converted into energy; orCommentsClose CommentsPermalink
`(D) any waste material that can be converted to energy and is derived from:CommentsClose CommentsPermalink
`(i) vegetative waste material (including wood waste and wood residues);CommentsClose CommentsPermalink
`(ii) invasive plants;CommentsClose CommentsPermalink
`(iii) fibers;CommentsClose CommentsPermalink
`(iv) animal waste and byproducts (including fats, oils, greases, offal, methane gas, and manure);CommentsClose CommentsPermalink
`(v) non-recyclable paper; andCommentsClose CommentsPermalink
`(vi) municipal solid waste (including sludges and oils derived from wastewater and the treatment of wastewater).CommentsClose CommentsPermalink
`(2) LIGNOCELLULOSIC FEEDSTOCK- The terms `lignocellulosic feedstock' and `cellulosic feedstock' mean any portion of a plant or plant byproduct from conversion that is available on a renewable or recurring basis, and is not grown for food or feed, including the nonfood, non-feed portions of crops, trees, forest residues, and agricultural residues, as well as any part of a storm-, insect- or disease-damaged food, feed or tree crop.'.CommentsClose CommentsPermalink
(2) Paragraph (2) of subsection (c) of section 932 of the Energy Policy Act of 2005 (
(b) Biomass Research and Development Act of 2000- Section 303 of the Biomass Research and Development Act of 2000 (
`(4) BIOMASS- The term `biomass' means--CommentsClose CommentsPermalink
`(A) any organic material that is available on a renewable or recurring basis;CommentsClose CommentsPermalink
`(B) any organic material grown or collected for the purpose of being converted to energy (including aquatic plants);CommentsClose CommentsPermalink
`(C) any organic byproduct of agriculture and forestry (including wastes from food production and processing, used vegetable oil, mill residues, and storm-, insect- and diseased-damaged crops and trees) that can be converted into energy; orCommentsClose CommentsPermalink
`(D) any waste material that can be converted to energy.'.CommentsClose CommentsPermalink
(c) Clean Air Act-CommentsClose CommentsPermalink
(1) So much of section 211(o) of the Clean Air Act (
`(o) Renewable Fuel Program-CommentsClose CommentsPermalink
`(1) DEFINITIONS- In this section:CommentsClose CommentsPermalink
`(A) CELLULOSIC BIOMASS ETHANOL- The term `cellulosic biomass ethanol' means ethanol, or any other alcohol- or oxygenate-based fuel and related co-product derived directly from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, and is not grown for food or feed, including--CommentsClose CommentsPermalink
`(i) any plant material grown or collected for the purpose of being converted to energy (including aquatic plants);CommentsClose CommentsPermalink
`(ii) any organic byproduct or residue from agriculture and forestry (including wastes from food production and processing, used vegetable oil, mill residues, and storm-, insect- and diseased-damaged crops and trees) that can be converted into energy; orCommentsClose CommentsPermalink
`(iii) Any waste material that can be converted to energy and is derived from--CommentsClose CommentsPermalink
`(I) vegetative waste material (including wood waste and wood residues);CommentsClose CommentsPermalink
`(II) invasive plants;CommentsClose CommentsPermalink
`(III) fibers;CommentsClose CommentsPermalink
`(IV) animal waste and byproducts;CommentsClose CommentsPermalink
`(V) non-recyclable paper; andCommentsClose CommentsPermalink
`(VI) municipal solid waste.CommentsClose CommentsPermalink
`(B) WASTE DERIVED ETHANOL- The term `waste derived ethanol' means ethanol, or any other alcohol- or oxygenate-based fuel and related co-product derived from--CommentsClose CommentsPermalink
`(i) animal waste and byproducts, including fats, oils, greases, offal, methane gas, and manure;CommentsClose CommentsPermalink
`(ii) municipal solid waste, including sludges and oils derived from wastewater and the treatment of wastewater; orCommentsClose CommentsPermalink
`(iii) other waste materials.'.CommentsClose CommentsPermalink
(2) Section 211(r)(4)(B) of the Clean Air Act (
`(B) The term `renewable biomass' means any organic material that is available on a renewable or recurring basis.CommentsClose CommentsPermalink
`(i) INCLUSIONS- The term `renewable biomass' includes--CommentsClose CommentsPermalink
`(I) any renewable plant material that can be grown or collected for the purpose of being converted to energy (including aquatic plants, but not including those portions of a plant grown for food or feed);CommentsClose CommentsPermalink
`(II) any organic byproduct or residue from agriculture and forestry (including wastes from food production and processing, used vegetable oil, mill residues, and storm-, insect- and diseased-damaged crops and trees) that can be converted into energy; orCommentsClose CommentsPermalink
`(III) Any waste material that can be converted to energy and is derived from--CommentsClose CommentsPermalink
`(aa) vegetative waste material (including wood waste and wood residues);CommentsClose CommentsPermalink
`(bb) invasive plants;CommentsClose CommentsPermalink
`(cc) fibers;CommentsClose CommentsPermalink
`(dd) animal waste and byproducts (including fats, oils, greases, offal, methane gas, and manure);CommentsClose CommentsPermalink
`(ee) non-recyclable paper; andCommentsClose CommentsPermalink
`(ff) municipal solid waste (including sludges and oils derived from wastewater and the treatment of wastewater).CommentsClose CommentsPermalink
`(ii) EXCLUSIONS- The term `renewable biomass' does not include old-growth timber of a forest from the late successional stage of forest development, but does include storm-, insect- or disease-damaged trees that can be removed without damage to the forest.'.CommentsClose CommentsPermalink
(d) Energy Title Definitions of the Farm Security and Rural Investment Act of 2002- Section 9001 of the Farm Security and Rural Investment Act of 2002 (
(1) in paragraph (3), to read as follows:CommentsClose CommentsPermalink
`(3) BIOMASS- The term `biomass' means--CommentsClose CommentsPermalink
`(A) any organic material that is available on a renewable or recurring basis;CommentsClose CommentsPermalink
`(B) any organic material grown or collected for the purpose of being converted to energy (including aquatic plants);CommentsClose CommentsPermalink
`(C) any organic byproduct of agriculture and forestry (including wastes from food production and processing, used vegetable oil, mill residues, and storm-damaged, insect-damaged, and diseased-damaged crops and trees) that can be converted into energy; orCommentsClose CommentsPermalink
`(D) any waste material that can be converted to energy and is derived from--CommentsClose CommentsPermalink
`(i) vegetative waste material (including wood waste and wood residues);CommentsClose CommentsPermalink
`(ii) invasive plants (including aquatic plants);CommentsClose CommentsPermalink
`(iii) fibers;CommentsClose CommentsPermalink
`(iv) animal waste and byproducts (including fats, oils, greases, offal, methane gas, and manure);CommentsClose CommentsPermalink
`(v) non-recyclable paper; andCommentsClose CommentsPermalink
`(vi) municipal solid waste (including sludges and oils derived from wastewater and the treatment of wastewater).';CommentsClose CommentsPermalink
(2) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink
`(4) CELLULOSIC BIOMASS, CELLULOSIC FEEDSTOCK, LIGNOCELLULOSIC BIOMASS AND LIGNOCELLULOSIC FEEDSTOCK- The terms `cellulosic biomass', `cellulosic feedstock', `lignocellulosic biomass' and `lignocellulosic feedstock' all shall be considered equivalent terms and shall mean any portion of a plant or plant byproduct from conversion that is available on a renewable or recurring basis, and is not grown for food or feed, including the non-food, non-feed portions of crops, trees, forest residues, and agricultural residues, as well as any part of a storm-damaged, insect-damaged, or disease-damaged food, feed, or tree crop.'.CommentsClose CommentsPermalink
(e) Executive Order 13134- In carrying out section 7 of Executive Order 13134 (
(1) In lieu of subsection (a), the following shall apply:CommentsClose CommentsPermalink
`(a) The term `biomass' means any organic matter that is available on a renewable or recurring basis.CommentsClose CommentsPermalink
`(1) INCLUSIONS- The term `biomass' includes--CommentsClose CommentsPermalink
`(A) any organic material grown or collected for the purpose of being converted to energy (including aquatic plants);CommentsClose CommentsPermalink
`(B) any organic byproduct of agriculture and forestry (including wastes from food production and processing, used vegetable oil, mill residues, and storm-, insect- and diseased-damaged crops and trees) that can be converted into energy; orCommentsClose CommentsPermalink
`(C) any waste material that can be converted to energy;CommentsClose CommentsPermalink
`(2) EXCLUSIONS- The term `biomass' does not include old-growth timber of a forest from the late successional stage of forest development, but does include storm-, insect- or disease-damaged trees that can be removed without damage to the forest.'.CommentsClose CommentsPermalink
(2) The following sentence shall be treated as included at the end of subsection (d): `Storm-damaged, insect-damaged, and disease-damaged trees are excluded from the limitation on their use for biomass.'.CommentsClose CommentsPermalink
(f) Bioenergy Program of the Farm Security and Rural Investment Act of 2002- Section 9010(a) of the Farm Security and Rural Investment Act of 2002 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `and'; andCommentsClose CommentsPermalink
(B) in subparagraph (B)--CommentsClose CommentsPermalink
(i) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(ii) by adding the following new subparagraphs:CommentsClose CommentsPermalink
`(C) butanol; andCommentsClose CommentsPermalink
`(D) other similar oxygenates.'; andCommentsClose CommentsPermalink
(2) in paragraph (3), by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) any cellulosic feedstock or commodity (including crop residues, agriculture and food processing wastes, vegetative and wood wastes and residues, invasive plants, and other plant materials that can be used for energy production such as hybrid poplar and switch grass).'.CommentsClose CommentsPermalink
(g) Technologies Using Agricultural Crops, Byproducts and Residues To Produce Cellulosic Ethanol and Other Biofuels-CommentsClose CommentsPermalink
(1) Subsections (a) and (b) and paragraphs (1) and (3) of subsection (d) of section 417 of the Energy Policy Act of 2005 (
(2) Subsection (c) of section 417 of the Energy Policy Act of 2005 (
(A) striking `Fischer-Tropsch transportation fuel'; andCommentsClose CommentsPermalink
(B) striking the period at the end of the sentence and inserting a comma and the following `derived from any coal to liquid process that is environmentally compatible.'.CommentsClose CommentsPermalink
(3) Clause (ii) of subparagraph (D) of paragraph (1) of subsection (c) of section 1703 of the Energy Policy Act of 2005 (
SEC. 202. CELLULOSIC BIOFUEL AND EMERGING TECHNOLOGY LOAN GUARANTEE PROGRAM.
Section 310B(g) of the Consolidated Farm and Rural Development Act (
`(9) EMERGING TECHNOLOGY LOAN GUARANTEES-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary may guarantee loans made by private institutions for the construction of facilities to use established, new, or emerging technologies to process and convert cellulosic biomass materials directly into alcohol-based fuels, bio-fuels, or other commercial products.CommentsClose CommentsPermalink
`(B) APPLICANT ASSURANCES- An application for a loan guarantee under this section shall include assurances, satisfactory to the Secretary, that--CommentsClose CommentsPermalink
`(i) the project design has been validated through the operation of a pilot facility which can be reasonably scaled up to commercial size;CommentsClose CommentsPermalink
`(ii) the project has been subject to a full technical review;CommentsClose CommentsPermalink
`(iii) the project is covered by adequate project performance guarantees (excluding process performance guarantees on new or emerging technologies);CommentsClose CommentsPermalink
`(iv) the project, with the loan guarantee, is economically viable; andCommentsClose CommentsPermalink
`(v) there is a reasonable assurance of repayment of the guaranteed loan.CommentsClose CommentsPermalink
`(C) COST-SHARING- An application for a loan guarantee under this paragraph shall include binding commitments to cover, from sources other than Federal grants, at least 20 percent of the total cost of the project described in the application.CommentsClose CommentsPermalink
`(D) PREFERENCES- In making loan guarantees under this paragraph, the Secretary shall give preference to applications which contain proposals that--CommentsClose CommentsPermalink
`(i) meet all applicable Federal and State permitting requirements;CommentsClose CommentsPermalink
`(ii) are most likely to be successful; andCommentsClose CommentsPermalink
`(iii) are located in local markets that have the greatest need for the facility because of--CommentsClose CommentsPermalink
`(I) the availability on a renewable basis of sufficient quantities of cellulosic biomass;CommentsClose CommentsPermalink
`(II) opportunities to provide jobs and promote economic development in rural areas;CommentsClose CommentsPermalink
`(III) opportunities to expand markets for agricultural producers near the facility;CommentsClose CommentsPermalink
`(IV) opportunities to dispose of cellulosic-based waste material or debris; orCommentsClose CommentsPermalink
`(V) a high level of demand for alcohol-based fuels, bio-fuels, or other commercial products of the facility.CommentsClose CommentsPermalink
`(E) APPROVAL- Not later than 90 days after the Secretary receives an application for a loan guarantee under this section, the Secretary shall approve or disapprove the application.CommentsClose CommentsPermalink
`(F) LIMITATIONS-CommentsClose CommentsPermalink
`(i) MAXIMUM AMOUNT GUARANTEED- The total amount of loan guarantees made under this paragraph for a project described in an application approved under this paragraph shall not exceed $250,000,000.CommentsClose CommentsPermalink
`(ii) MAXIMUM PERCENTAGE OF LOAN GUARANTEED- Except as provided in subparagraph (G)(ii), a loan guarantee under this paragraph for a project described in an application approved under this paragraph shall be for not more than 80 percent of the cost of the project estimated in the application.CommentsClose CommentsPermalink
`(G) ADDITIONAL GUARANTEES-CommentsClose CommentsPermalink
`(i) IN GENERAL- The Secretary may provide additional loan guarantees for a project described in an application approved under this paragraph, to cover up to 80 percent of the excess of the actual cost of the project over the cost of the project estimated in the application.CommentsClose CommentsPermalink
`(ii) LIMITATIONS-CommentsClose CommentsPermalink
`(I) MAXIMUM AMOUNT GUARANTEED- The total amount of additional guarantees issued under clause (i) of this subparagraph for a project shall not exceed 15 percent of the amount of the original guarantee provided under this paragraph for the project, subject to subparagraph (F)(i).CommentsClose CommentsPermalink
`(II) MAXIMUM PERCENTAGE OF LOAN GUARANTEED- The Secretary may guarantee not less than 90 percent and not more than 100 percent of the principal and interest due on a loan guaranteed under clause (i). If the guarantee is for less than 100 percent of the principal and interest due on the loan, the Secretary may not require the Federal Government to be accorded a position superior to the lender in the event of default.CommentsClose CommentsPermalink
`(H) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary such sums as are necessary for the cost of providing--CommentsClose CommentsPermalink
`(i) $2,000,000,000 in loan guarantees under this paragraph for fiscal year 2008;CommentsClose CommentsPermalink
`(ii) $3,000,000,000 in loan guarantees under this paragraph for fiscal year 2009;CommentsClose CommentsPermalink
`(iii) $4,000,000,000 in loan guarantees under this paragraph for fiscal year 2010;CommentsClose CommentsPermalink
`(iv) $5,000,000,000 in loan guarantees under this paragraph for fiscal year 2011; andCommentsClose CommentsPermalink
`(v) $6,000,000,000 in loan guarantees under this paragraph for fiscal year 2012.CommentsClose CommentsPermalink
`(I) TERMINATION OF AUTHORITY- The authority provided by this paragraph shall terminate 10 years after the date of the enactment of this paragraph.'.CommentsClose CommentsPermalink
SEC. 203. ANIMAL WASTE ENVIRONMENTAL PROTECTION AND BIOENERGY PRODUCTION GRANTS AND LOANS.
Section 310B of the Consolidated Farm and Rural Development Act (
`(h) Animal Waste Environmental Protection and Bioenergy Production Grants and Loans-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary may provide grants, loans, and loan guarantees to farm owners and tenants for the purchase and installation of equipment, and the construction of structures and facilities, for the processing and conversion of animal wastes and byproducts into liquid fuel, energy, and other commercial products.CommentsClose CommentsPermalink
`(2) PRIORITY- In providing grants, loans, and loan guarantees under this subsection, the Secretary shall give priority to producers who make a binding commitment to the Secretary to use the funds obtained thereby to install equipment or build structures and facilities that will lead to an improvement in water quality, or that will accomplish other conservation objectives.CommentsClose CommentsPermalink
`(3) MAXIMUM AMOUNTS- The maximum amount of a grant or loan, and the maximum amount the repayment of which may be guaranteed, under this subsection shall not exceed $10,000,000.'.CommentsClose CommentsPermalink
SEC. 204. BIOMASS FEEDSTOCK COMMERCIALIZATION INITIATIVE.
Paragraph (1) of section 307(d) of the Biomass Research and Development Act of 2000 (
(1) in subparagraph (C), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (D), by adding `and' at the end; andCommentsClose CommentsPermalink
(3) by adding after subparagraph (D) the following new subparagraph:CommentsClose CommentsPermalink
`(E) strategies to--CommentsClose CommentsPermalink
`(i) provide producers with the necessary technical assistance, incentives and financial tools to facilitate a shift towards the production of crops grown for cellulosic feedstock and biomass (hereafter in this subparagraph referred to as `energy crops');CommentsClose CommentsPermalink
`(ii) provide producers with recommended practices for growing energy crops to ensure consistency with existing recommended practices and conservation programs;CommentsClose CommentsPermalink
`(iii) provide incentives to producers in the form of price guarantees for planting energy crops to protect early adopters from perceived risk during start up of the industry;CommentsClose CommentsPermalink
`(iv) provide incentives to producers in the form of grants and guaranteed loans to establish new cropping systems for the production, collection and harvesting of biomass and to remove old cropping systems;CommentsClose CommentsPermalink
`(v) provide incentives in the form of grants and guaranteed loans to establish breeding programs for propagation materials, which will be necessary to make commercial-scale energy crop production possible; andCommentsClose CommentsPermalink
`(vi) encourage development within the private sector of the necessary support services for energy crop production and biorefinery operations.'.CommentsClose CommentsPermalink
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