HR 5955 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5955CommentsClose CommentsPermalink

To amend the Farm Security and Rural Investment Act of 2002 to improve energy programs.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

June 18, 2012CommentsClose CommentsPermalink

Ms. KAPTUR (for herself, Mr. KIND, Ms. PINGREE of Maine, Mr. HINCHEY, Mr. BRALEY of Iowa, Mr. BOSWELL, Mr. LUJAN, Mr. BUTTERFIELD, Mr. RYAN of Ohio, Mrs. CHRISTENSEN, Mr. LOEBSACK, Ms. LEE of California, Ms. RICHARDSON, Mr. WALZ of Minnesota, Mr. MICHAUD, Mr. BLUMENAUER, and Ms. FUDGE) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Oversight and Government Reform and Science, Space, 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

A BILLCommentsClose CommentsPermalink

To amend the Farm Security and Rural Investment Act of 2002 to improve energy programs.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.

This Act may be cited as the ‘Rural Energy Investment Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) production of energy from domestic sources offers considerable economic and energy security benefits to the United States, including enduring and desirable jobs;CommentsClose CommentsPermalink





(2) the agricultural and forestry sectors of the United States offer significant potential for production of renewable energy;CommentsClose CommentsPermalink





(3) both renewable energy production and adoption of energy efficiency offer considerable environmental benefits; andCommentsClose CommentsPermalink





(4) investments in energy efficiency projects and renewable energy systems in rural areas of the United States provide very significant energy security, economic, and environmental benefits to the entire United States in addition to the rural area benefits.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

Section 9001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101) is amended--CommentsClose CommentsPermalink





(1) in paragraph (6)--CommentsClose CommentsPermalink





(A) in subparagraph (C), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(B) in subparagraph (D), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(E) renewable chemicals.’;CommentsClose CommentsPermalink





(2) in paragraph (7)(A), by striking ‘and biobased products’ and inserting ‘, renewable chemicals, or biobased products’;CommentsClose CommentsPermalink





(3) in paragraph (11), by inserting ‘(including a renewable chemical)’ after ‘material or compound’;CommentsClose CommentsPermalink





(4) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; andCommentsClose CommentsPermalink





(5) by inserting after paragraph (12) the following new paragraph:CommentsClose CommentsPermalink





‘(13) RENEWABLE CHEMICAL- The term ‘renewable chemical’ means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass.’.CommentsClose CommentsPermalink

SEC. 4. BIOBASED MARKETS PROGRAM.

Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (3), by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink





‘(F) BIOBASED PRODUCT DESIGNATIONS- Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall--CommentsClose CommentsPermalink





‘(i) increase the number of categories of biobased products designated and individual biobased products eligible for preferred purchasing by 50 percent;CommentsClose CommentsPermalink





‘(ii) begin to designate intermediate ingredients or feedstocks in the guidelines issued under this paragraph; andCommentsClose CommentsPermalink





‘(iii) develop a recommendation for the designation of complex and finished biobased products in those guidelines.CommentsClose CommentsPermalink





‘(G) CHANGES IN PROCUREMENT MECHANISMS-CommentsClose CommentsPermalink





‘(i) ELECTRONIC PRODUCT PROCUREMENT CATALOGS- The Secretary shall work with relevant officials in agencies that have electronic product procurement catalogs to identify and implement solutions to increase the visibility of biobased and other sustainable products.CommentsClose CommentsPermalink





‘(ii) AGENCY-SPECIFIC PRODUCT SPECIFICATIONS-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Not later than 1 year after the date of enactment of this subparagraph and every 4 years thereafter, the Secretary, in coordination with other appropriate officials, shall work with the senior sustainability officer of each agency that has established agency-specific product specifications to review and revise the product specifications to ensure that, to the maximum extent practicable, the product specifications--CommentsClose CommentsPermalink

‘(aa) require the use of sustainable products, including biobased products designated in accordance with this section; andCommentsClose CommentsPermalink

‘(bb) do not contain any language prohibiting the use of biobased products.CommentsClose CommentsPermalink

‘(II) REPORT- Results of the reviews conducted under subclause (I) shall be reported annually to the Office of Management and Budget, the Office of Science and Technology Policy, and the appropriate committees of Congress.CommentsClose CommentsPermalink





‘(H) REPORTING-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 1 year after the date of enactment of this subparagraph, the Secretary and the Federal Acquisition Regulatory Council shall jointly propose an amendment to the Federal Acquisition Regulation to require reporting of biobased product purchases, to be made public on an annual basis.CommentsClose CommentsPermalink





‘(ii) REPORTING TEMPLATE- After the promulgation of the proposed amendment described in clause (i), the Secretary, in consultation with the Chief Acquisition Officers Council, shall develop and make available a reporting template to facilitate the annual reporting requirement.’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) COMPLIANCE- The Secretary may take such action as the Secretary determines to be necessary--CommentsClose CommentsPermalink





‘(A) to determine the compliance rate among Federal agencies in buying designated biobased products; andCommentsClose CommentsPermalink





‘(B) to determine whether vendor and contractor claims about biobased products meeting item designation definitions and minimum required biobased content are accurate.’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (2)(B)--CommentsClose CommentsPermalink





(i) in clause (ii), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) by redesignating clause (iii) as clause (iv); andCommentsClose CommentsPermalink





(iii) by inserting after clause (ii), the following new clause:CommentsClose CommentsPermalink





‘(iii) encourage the purchase of products that apply an innovative approach to growing, harvesting, procuring, processing, or manufacturing biobased products regardless of the date of entry of the products into the marketplace.’;CommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking ‘(3) USE OF LABEL- The Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(3) USE OF LABEL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink





(ii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(B) AUDITING AND COMPLIANCE- The Secretary may carry out such auditing and compliance activities as the Secretary determines to be necessary to ensure compliance with subparagraph (A), including the imposition of a civil penalty of not more than $10,000 on a person who misuses the label and, after receiving a notice of violation, fails to take action to correct the misuse described in the notice.’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(4) FORESTRY PRODUCTS LABORATORY COORDINATION- In determining which products may qualify to use a label under paragraph (1), the Secretary, in consultation with the Forest Products Laboratory, shall--CommentsClose CommentsPermalink





‘(A) review and approve applications for designation as biobased products submitted by vendors or manufacturers of forest-related products;CommentsClose CommentsPermalink





‘(B) expedite the approval of applications for designation as biobased products submitted by producers of innovative forest-related products resulting from technology developed by the Forest Products Laboratory or partners of the Laboratory; andCommentsClose CommentsPermalink





‘(C) provide appropriate technical assistance to applicants, as determined by the Secretary.CommentsClose CommentsPermalink





‘(5) COMPLEX AND FINISHED PRODUCTS- Not later than 1 year after the date of enactment of this paragraph, the Secretary shall develop a recommendation for labeling complex and finished products.’;CommentsClose CommentsPermalink





(3) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively;CommentsClose CommentsPermalink





(4) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





‘(d) Outreach, Education, and Promotion-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall carry out a program of outreach, education, and promotion activities intended to increase knowledge, awareness, and benefits of biobased products.CommentsClose CommentsPermalink





‘(2) AUTHORIZED ACTIVITIES- In carrying out this subsection, the Secretary, at a minimum, shall--CommentsClose CommentsPermalink





‘(A) not later than 1 year after the date of enactment of this paragraph, update all existing BioPreferred and related sustainable acquisition training materials of the Department;CommentsClose CommentsPermalink





‘(B) work cooperatively with the senior sustainability officers and chief acquisition officers of Federal agencies to immediately implement such BioPreferred program agency education and outreach programs as are necessary to meet the requirements of this section;CommentsClose CommentsPermalink





‘(C) work actively with groups that support employment for the blind or disabled, such as the Committee for Purchase From People Who Are Blind or Severely Disabled, to promote education and outreach regarding BioPreferred AbilityOne products to--CommentsClose CommentsPermalink





‘(i) program, technical, and contracting personnel; andCommentsClose CommentsPermalink





‘(ii) Federal agency purchase card holders;CommentsClose CommentsPermalink





‘(D) conduct consumer education and outreach (including consumer and awareness surveys);CommentsClose CommentsPermalink





‘(E) conduct outreach to and support for State and local governments interested in implementing biobased purchasing programs;CommentsClose CommentsPermalink





‘(F) partner with industry and nonprofit groups to produce educational and outreach materials and conduct educational and outreach events;CommentsClose CommentsPermalink





‘(G) sponsor special conferences and events to bring together buyers and sellers of biobased products; andCommentsClose CommentsPermalink





‘(H) support pilot and demonstration projects.’;CommentsClose CommentsPermalink





(5) in subsection (h) (as redesignated by paragraph (3)), by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) JOBS CREATION RESEARCH AND REPORT- Not later than 2 years after the date of enactment of this paragraph, the Secretary shall carry out a study, and submit to the President and the appropriate committees of Congress a report, on job creation and the economic impact associated with the biobased product industry, including--CommentsClose CommentsPermalink





‘(A) the number of jobs in the United States originating from the biobased product industry annually over the preceding 10 years, including the job changes in specific sectors;CommentsClose CommentsPermalink





‘(B) the dollar value of the domestic biobased products industry at the time of the report, including intermediates, feedstocks, and finished products, but excluding biofuels;CommentsClose CommentsPermalink





‘(C) a forecast for biobased job creation potential over the next 10 years;CommentsClose CommentsPermalink





‘(D) a forecast for growth in the biobased industry over the next 10 years; andCommentsClose CommentsPermalink





‘(E) jobs data for both biofuels and biobased products, with data generated separately for each category.’; andCommentsClose CommentsPermalink





(6) in subsection (i) (as redesignated by paragraph (3))--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) $4,000,000 for each of fiscal years 2013 through 2017.’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘and $4,000,000 for each of fiscal years 2013 through 2017’ before the period at the end.CommentsClose CommentsPermalink

SEC. 5. BIOREFINERY ASSISTANCE.

Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(2), by inserting ‘or a renewable chemical’ after ‘biofuel’ each place it appears in subparagraphs (A) and (B);CommentsClose CommentsPermalink





(2) in subsection (c)(1), by inserting ‘or renewable chemicals’ after ‘biofuels’;CommentsClose CommentsPermalink





(3) in subsection (d)(2)(C)--CommentsClose CommentsPermalink





(A) in clause (i), by inserting ‘or renewable chemical’ after ‘biofuel’; andCommentsClose CommentsPermalink





(B) in clause (iii), by inserting ‘or renewable chemicals’ after ‘biofuels’;CommentsClose CommentsPermalink





(4) in subsection (e)(1)(C)--CommentsClose CommentsPermalink





(A) in clause (i), by inserting ‘or renewable chemical’ after ‘biofuel’; andCommentsClose CommentsPermalink





(B) in clauses (iii) and (vii), by inserting ‘or renewable chemicals’ after ‘biofuels’ each place it appears; andCommentsClose CommentsPermalink





(5) in subsection (h)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) $75,000,000 for each of fiscal years 2013 through 2017.’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘and $75,000,000 for each of fiscal years 2013 through 2017’ before the period at the end.CommentsClose CommentsPermalink

SEC. 6. BIODIESEL FUEL EDUCATION PROGRAM.

Section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) is amended by striking subsection (d) and inserting the following new subsection:CommentsClose CommentsPermalink





‘(d) Funding-CommentsClose CommentsPermalink





‘(1) MANDATORY FUNDING- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,000,000 for each of fiscal years 2013 through 2017, to remain available until expended.CommentsClose CommentsPermalink





‘(2) DISCRETIONARY FUNDING- In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2013 through 2017.’.CommentsClose CommentsPermalink

SEC. 7. RURAL ENERGY FOR AMERICA PROGRAM.

Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (a) through (g) as subsections (b) through (h), respectively;CommentsClose CommentsPermalink





(2) by inserting before subsection (b) (as so redesignated), the following new subsection:CommentsClose CommentsPermalink





‘(a) Agricultural Producer Defined- In this section, the term ‘agricultural producer’ includes rural and non-rural agricultural producers.’;CommentsClose CommentsPermalink





(3) in subsection (d) (as redesignated by paragraph (1))--CommentsClose CommentsPermalink





(A) by striking paragraph (1) and inserting the following new paragraph:CommentsClose CommentsPermalink





‘(1) LOAN GUARANTEE AND GRANT PROGRAM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In addition to any similar authority, the Secretary shall provide loan guarantees and grants to agricultural producers and rural small businesses--CommentsClose CommentsPermalink





‘(i) to purchase renewable energy systems, including--CommentsClose CommentsPermalink





‘(I) systems that may be used to produce and sell electricity, such as for agricultural, and associated residential, purposes; andCommentsClose CommentsPermalink





‘(II) unique components of renewable energy systems; andCommentsClose CommentsPermalink





‘(ii) to make energy efficiency improvements.CommentsClose CommentsPermalink





‘(B) TIERED APPLICATION PROCESS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In providing loan guarantees and grants under this subsection, the Secretary shall use a 3-tiered application process that reflects the sizes of proposed projects in accordance with this subparagraph.CommentsClose CommentsPermalink





‘(ii) TIER 1- The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is not more than $80,000.CommentsClose CommentsPermalink





‘(iii) TIER 2- The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is greater than $80,000 but less than $200,000.CommentsClose CommentsPermalink





‘(iv) TIER 3- The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is equal to or greater than $200,000.CommentsClose CommentsPermalink





‘(v) APPLICATION PROCESS- The Secretary shall establish an application, evaluation, and oversight process that is most simplified for tier I projects and more comprehensive for each subsequent tier.’;CommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by inserting ‘in an amount not to exceed $100,000 per grant’ after ‘in the form of grants’; andCommentsClose CommentsPermalink





(ii) by striking subparagraph (C);CommentsClose CommentsPermalink





(C) in paragraph (4)(C), by striking ‘75 percent of the cost’ and inserting ‘all eligible costs’; andCommentsClose CommentsPermalink





(D) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) REQUIREMENT- In carrying out this section, the Secretary shall not require a second meter for on-farm residential portions of rural projects connected to the grid.’;CommentsClose CommentsPermalink





(4) in subsection (g) (as redesignated by paragraph (1))--CommentsClose CommentsPermalink





(A) by striking ‘Not later’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) SUBSEQUENT REPORT- Not later than 4 years after the date of enactment of this paragraph, the Secretary shall submit to Congress a report on activities carried out under this section, including the outcomes achieved by projects funded under this section.’; andCommentsClose CommentsPermalink





(5) in subsection (h) (as redesignated by paragraph (1))--CommentsClose CommentsPermalink





(A) in paragraph (1)(D), by striking ‘fiscal year 2012’ and inserting ‘each of fiscal years 2012 through 2017’; andCommentsClose CommentsPermalink





(B) in paragraph (3), by inserting ‘and $70,000,000 for each of fiscal years 2013 through 2017’ before the period at the end.CommentsClose CommentsPermalink

SEC. 8. BIOMASS RESEARCH AND DEVELOPMENT.

Section 9008 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108) is amended--CommentsClose CommentsPermalink





(1) by striking ‘biofuels and’ each place it appears in subsections (b), (c)(3), (d)(2)(A), (e), and (g)(2) and inserting ‘biofuels, renewable chemicals, and’;CommentsClose CommentsPermalink





(2) in subsection (e)--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) by striking ‘at prices competitive with fossil fuels’ and inserting ‘and biobased products’; andCommentsClose CommentsPermalink





(II) by inserting ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(ii) by striking subparagraph (B);CommentsClose CommentsPermalink





(iii) by redesignating subparagraph (C) as subparagraph (B); andCommentsClose CommentsPermalink





(iv) in subparagraph (B) (as so redesignated), by inserting ‘renewable chemicals,’ after ‘bioenergy,’;CommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) in subparagraph (B), in the subparagraph heading, by inserting ‘, RENEWABLE CHEMICALS,’ after ‘BIOFUELS’; andCommentsClose CommentsPermalink





(ii) by striking subparagraph (C);CommentsClose CommentsPermalink





(C) by striking paragraph (4); andCommentsClose CommentsPermalink





(D) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; andCommentsClose CommentsPermalink





(3) in subsection (h)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (C), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in subparagraph (D), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(E) $30,000,000 for each of fiscal years 2013 through 2017.’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘and $30,000,000 for each of fiscal years 2013 through 2017’ before the period at the end.CommentsClose CommentsPermalink

SEC. 9. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE.

Section 9009(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109(d)) is amended by inserting ‘and $10,000,000 for each of fiscal years 2013 through 2017’ before the period at the end.CommentsClose CommentsPermalink

SEC. 10. BIOMASS CROP ASSISTANCE PROGRAM.

(a) Definitions- Section 9011(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4)(B)--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(B) in clause (ii)--CommentsClose CommentsPermalink





(i) by striking ‘has the potential to become invasive or noxious’ and inserting ‘species or varieties of plants that credible risk assessment tools or other credible sources determine are potentially invasive’; andCommentsClose CommentsPermalink





(ii) by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(iii) algae.’;CommentsClose CommentsPermalink





(2) in paragraph (5)(B), by striking clauses (iv) and (v) and inserting the following new clauses:CommentsClose CommentsPermalink





‘(iv) land enrolled in the environmental easement program established under chapter 3 of subtitle D of such title (16 U.S.C. 3839 et seq.); orCommentsClose CommentsPermalink





‘(v) land enrolled in the programs described in clauses (iii) and (iv) under a contract that expires at the end of fiscal year [Struck out->][ XXX ][<-Struck out] .’;CommentsClose CommentsPermalink





(3) in paragraph (6)--CommentsClose CommentsPermalink





(A) by striking subparagraph (A) and inserting the following new subparagraph:CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘eligible material’ means the following materials:CommentsClose CommentsPermalink





‘(i) Renewable biomass material harvested directly from the land, including crop residue from any crop that is eligible to receive payments under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.).CommentsClose CommentsPermalink





‘(ii) Material that is collected or harvested by the owner of such material--CommentsClose CommentsPermalink





‘(I) directly from the National Forest System, Bureau of Land Management land, non-Federal land, or land owned by an individual Indian or Indian tribe that is held in trust by the United States for the benefit of the individual Indian or Indian tribe or subject to a restriction against alienation imposed by the United States; orCommentsClose CommentsPermalink





‘(II) in a manner that is consistent with a conservation plan, a forest stewardship plan, or a plan that the Secretary determines is equivalent to a conservation plan or a forest stewardship plan and consistent with Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species).CommentsClose CommentsPermalink





‘(iii) In the case of woody material, material that is produced on land other than contract acreage that--CommentsClose CommentsPermalink





‘(I) is a byproduct of a preventative treatment that is removed to reduce hazardous fuel or to reduce or contain disease or insect infestation; andCommentsClose CommentsPermalink





‘(II) if harvested from Federal land, is harvested in accordance with section 102(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512(e)).CommentsClose CommentsPermalink





‘(iv) Material that is delivered to a qualified biomass conversion facility to be used for heat, power, biobased products, research, or advanced biofuels.’; andCommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) in clause (iii), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(ii) in clause (iv), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(v) bagasse.’; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(9) SOCIALLY DISADVANTAGED FARMER OR RANCHER- The term ‘socially disadvantaged farmer or rancher’ has the meaning given such term in section 2501(e) of the Food, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).’.CommentsClose CommentsPermalink





(b) BCAP Project Area- Section 9011(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(c)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking clause (iv) and inserting the following new clause:CommentsClose CommentsPermalink





‘(iv) any other information about the biomass conversion facility or proposed biomass conversion facility that the Secretary determines necessary for the Secretary to be reasonably assured that the plant will be in operation by the date on which the eligible crops are ready for harvest.’; andCommentsClose CommentsPermalink





(B) in subparagraph (B)(ix), by striking ‘information’ and all that follows through the period and inserting ‘information that the Secretary determines to be necessary.’;CommentsClose CommentsPermalink





(2) in paragraph (3)--CommentsClose CommentsPermalink





(A) in subparagraph (B)--CommentsClose CommentsPermalink





(i) in clause (iii)--CommentsClose CommentsPermalink





(I) in subclause (I), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(II) in subclause (II), by striking ‘or an equivalent; and’ at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





(III) by adding at the end the following new subclause:CommentsClose CommentsPermalink





‘(III) a plan that is equivalent to a conservation plan or a forest stewardship plan; and’; andCommentsClose CommentsPermalink





(ii) in clause (iv), by striking ‘the Secretary’ and all that follows through the period and inserting ‘that the Secretary determines to be necessary.’; andCommentsClose CommentsPermalink





(B) in subparagraph (C), in the matter preceding clause (i), by striking ‘up to’ and inserting ‘not more than’; andCommentsClose CommentsPermalink





(3) in paragraph (5)--CommentsClose CommentsPermalink





(A) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and moving the margins of such subclauses two ems to the right;CommentsClose CommentsPermalink





(ii) by striking ‘(B) AMOUNT OF ESTABLISHMENT PAYMENTS- The amount of’ and inserting the following:CommentsClose CommentsPermalink





‘(B) AMOUNT OF ESTABLISHMENT PAYMENTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), the amount of’;CommentsClose CommentsPermalink





(iii) in clause (i) (as designated by clause (ii)), by striking ‘up to 75 percent’ and inserting ‘not more than the lesser of $500 per acre or 75 percent’; andCommentsClose CommentsPermalink





(iv) by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(ii) SOCIALLY DISADVANTAGED FARMERS OR RANCHERS- The limitation on the amount of an establishment payment under clause (i) shall apply in the case of a socially disadvantaged farmer or rancher in the same manner as such limitation applies to any farmer or rancher under such clause except that the limitation on the costs of establishment applicable to a socially disadvantaged farmer or rancher shall be not more than the lesser of $750 per acre or 85 percent of such costs.’; andCommentsClose CommentsPermalink





(B) in subparagraph (C)(ii), by striking subclause (V) and inserting the following new subclause:CommentsClose CommentsPermalink





‘(V) the Secretary determines a reduction is necessary to carry out this section.’.CommentsClose CommentsPermalink





(c) Assistance With Collection, Harvest, Storage, and Transportation- Section 9011(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(B), by inserting before the period at the end ‘, regardless of whether the eligible material is produced on contract acreage’; andCommentsClose CommentsPermalink





(2) in paragraph (2)(B)--CommentsClose CommentsPermalink





(A) by striking ‘rate of $1’ and inserting ‘rate of not more than $1’; andCommentsClose CommentsPermalink





(B) by striking ‘$45 per ton’ and all that follows through the period and inserting ‘$20 per dry ton for a period of 4 years.’.CommentsClose CommentsPermalink





(d) Funding- Section 9011(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(f)) is amended to read as follows:CommentsClose CommentsPermalink





‘(f) Funding-CommentsClose CommentsPermalink





‘(1) MANDATORY FUNDING- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $75,000,000 for each of fiscal years 2013 through 2017, of which not more than $15,000,000 for each fiscal year may be used for providing assistance with collection, harvest, storage, and transportation under subsection (d).CommentsClose CommentsPermalink





‘(2) DISCRETIONARY FUNDING- In addition to any other funds made available to carry out this section, there are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2013 through 2017.’.CommentsClose CommentsPermalink





(e) Conforming Amendments; Technical Corrections-CommentsClose CommentsPermalink





(1) DEFINITION OF ELIGIBLE LAND- Section 9011(a)(5)(B)(ii) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(a)(5)(B)(ii)) is amended by inserting ‘(7 U.S.C. 8701 et seq.)’ after ‘2008’.CommentsClose CommentsPermalink





(2) ESTABLISHMENT AND PURPOSE- Section 9011(b)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(b)(2)) is amended by inserting ‘the’ before ‘collection’.CommentsClose CommentsPermalink





(3) SOCIALLY DISADVANTAGED FARMERS AND RANCHERS- Section 9011(c)(2)(B)(v)(II) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(c)(2)(B)(v)(II)) is amended by striking ‘ranchers’ and all that follows through the semicolon and inserting ‘ranchers;’.CommentsClose CommentsPermalink





(4) LIMITATION ON ASSISTANCE FOR BCAP CONTRACT ACREAGE- Section 9011(d)(3) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(d)(3)) is amended by inserting ‘an’ before ‘annual’.CommentsClose CommentsPermalink

SEC. 11. FOREST BIOMASS FOR ENERGY.

Section 9012(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8112(d)) is amended by striking ‘2012’ and inserting ‘2017’.CommentsClose CommentsPermalink

SEC. 12. COMMUNITY WOOD ENERGY PROGRAM.

Section 9013(e) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113(e)) is amended by striking ‘2012’ and inserting ‘2017’.CommentsClose CommentsPermalink