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7 U.S.C. § 8105 — Bioenergy program for advanced biofuels
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of eligible producer** In this section, the term “eligible producer” means a producer of advanced biofuels.
**(b) Payments** The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels.
**(c) Contracts** To receive a payment, an eligible producer shall—
(1) enter into a contract with the Secretary for production of advanced biofuels; and
(2) submit to the Secretary such records as the Secretary may require as evidence of the production of advanced biofuels.
**(d) Basis for payments** The Secretary shall make payments under this section to eligible producers based on—
(1) the quantity and duration of production by the eligible producer of an advanced biofuel;
(2) the net nonrenewable energy content of the advanced biofuel, if sufficient data is available, as determined by the Secretary; and
(3) other appropriate factors, as determined by the Secretary.
**(e) Equitable distribution**
(1) **Amount** — The Secretary shall limit the amount of payments that may be received by a single eligible producer under this section in order to distribute the total amount of funding available in an equitable manner.
(2) **Feedstock** — The total amount of payments made in a fiscal year under this section to one or more eligible producers for the production of advanced biofuels derived from a single eligible commodity, including intermediate ingredients of that single commodity or use of that single commodity and its intermediate ingredients in combination with another commodity, shall not exceed one-third of the total amount of funds made available under subsection (g).
**(f) Other requirements** To receive a payment under this section, an eligible producer shall meet any other requirements of Fed
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Stable record: federal_law:legal_authorities:record_usc_d23d9d149b90226e32a22628
Source file: Laws/federal/codes/united-states-code/title-7/section-8105-bioenergy-program-for-advanced-biofuels--09a0214662.md
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Source location: Title 7, Chapter 107, § 8105; chapter-107-renewable-energy-research-and-development.md
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**(a) Definition of eligible producer** In this section, the term “eligible producer” means a producer of advanced biofuels.
**(b) Payments** The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels.
**(c) Contracts** To receive a payment, an eligible producer shall—
(1) enter into a contract with the Secretary for production of advanced biofuels; and
(2) submit to the Secretary such records as the Secretary may require as evidence of the production of advanced biofuels.
**(d) Basis for payments** The Secretary shall make payments under this section to eligible producers based on—
(1) the quantity and duration of production by the eligible producer of an advanced biofuel;
(2) the net nonrenewable energy content of the advanced biofuel, if sufficient data is available, as determined by the Secretary; and
(3) other appropriate factors, as determined by the Secretary.
**(e) Equitable distribution**
(1) **Amount** — The Secretary shall limit the amount of payments that may be received by a single eligible producer under this section in order to distribute the total amount of funding available in an equitable manner.
(2) **Feedstock** — The total amount of payments made in a fiscal year under this section to one or more eligible producers for the production of advanced biofuels derived from a single eligible commodity, including intermediate ingredients of that single commodity or use of that single commodity and its intermediate ingredients in combination with another commodity, shall not exceed one-third of the total amount of funds made available under subsection (g).
**(f) Other requirements** To receive a payment under this section, an eligible producer shall meet any other requirements of Federal and State law (including regulations) applicable to the production of advanced biofuels.
**(g) Funding**
(1) **Mandatory funding** — Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended—
(A) $55,000,000 for fiscal year 2009;
(B) $55,000,000 for fiscal year 2010;
(C) $85,000,000 for fiscal year 2011;
(D) $105,000,000 for fiscal year 2012;
(E) $15,000,000 for each of fiscal years 2014 through 2018; and
(F) $7,000,000 for each of fiscal years 2019 through 2031.
(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 $20,000,000 for each of fiscal years 2019 through 2023.
(3) **Limitation** — Of the funds provided for each fiscal year, not more than 5 percent of the funds shall be made available to eligible producers for production at facilities with a total refining capacity exceeding 150,000,000 gallons per year.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Biobased product** — The term “biobased product” means—
(A) an industrial product (including chemicals, materials, and polymers) produced from biomass;
(B) a commercial or industrial product (including animal feed and electric power) derived in connection with the conversion of biomass to fuel; or
(C) carbon dioxide that—
(i) is intended for permanent sequestration or utilization; and
(ii) is a byproduct of the production of the products described in subparagraphs (A) and (B).
(2) **Demonstration** — The term “demonstration” means demonstration of technology in a pilot plant or semi-works scale facility, including a plant or facility located on a farm.
(3) **Initiative** — The term “Initiative” means the Biomass Research and Development Initiative established under subsection (e).
**(b) Cooperation and coordination in biomass research and development**
(1) **In general** — The Secretary of Agriculture and the Secretary of Energy shall coordinate policies and procedures that promote research and development regarding the production of biofuels and biobased products.
(2) **Points of contact** — To coordinate research and development programs and activities relating to biofuels and biobased 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8108
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Federal law — U.S. Code and appendices · legal_authorities
In this Act, the term “Secretary” means the Secretary of Agriculture.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8711
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Federal law — U.S. Code and appendices · legal_authorities
Page 2164
TITLE 7—AGRICULTURE
§ 8104
Subsec. (d)(2)(A), (B). Pub. L. 113–79, § 9003(a)(7)(B),
substituted ‘‘subsection (c)’’ for ‘‘subsection (c)(2)’’
wherever appearing.
Subsec. (d)(2)(C). Pub. L. 113–79, § 9003(a)(7)(C), sub-
stituted ‘‘subsection (g)’’ for ‘‘subsection (h)’’.
Subsecs. (e) to (g). Pub. L. 113–79, § 9003(a)(6), redesig-
nated subsecs. (f) to (h) as (e) to (g), respectively.
Subsec. (g)(1). Pub. L. 113–79, § 9003(b)(1), added par. (1)
and struck out former par. (1) which related to manda-
tory funding for loan guarantees for fiscal years 2009
and 2010.
Subsec. (g)(2). Pub. L. 113–79, § 9003(b)(2), substituted
‘‘$75,000,000 for each of fiscal years 2014 through 2018’’
for ‘‘$150,000,000 for each of fiscal years 2009 through
2013’’.
Subsec. (h). Pub. L. 113–79, § 9003(a)(6), redesignated
subsec. (h) as (g).
2013—Subsec. (h)(2). Pub. L. 112–240 substituted ‘‘2013’’
for ‘‘2012’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Pub. L. 112–240 effective Sept. 30, 2012,
see section 701(j) of Pub. L. 112–240, set out in a 1-Year
Extension of Agricultural Programs note under section
8701 of this title.
EFFECTIVE DATE
Enactment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as a note under section 8701 of
this title.
§ 8104. Repealed. Pub. L. 115–334, title IX, § 9004,
Dec. 20, 2018, 132 Stat. 4885
Section, Pub. L. 107–171, title IX, § 9004, as added Pub.
L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1313,
and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18,
2008, 122 Stat. 1664, 2075; amended Pub. L. 112–240, title
VII, § 701(f)(3), Jan. 2, 2013, 126
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8105
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