7 U.S.C. § 8108 — Biomass research and development

Page 2170 TITLE 7—AGRICULTURE § 8108 (h) Publication Not later than 120 days after the end of each fiscal year, the Secretary shall publish a de- scription of— (1) the number of applications received under this section for that fiscal year; (2) the number of loans made to eligible enti- ties under this section for that fiscal year; and (3) the recipients of the loans described in paragraph (2). (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $75,000,000 for each of fis- cal years 2014 through 2023. (Pub. L. 107–171, title VI, § 6407, as added Pub. L. 113–79, title VI, § 6205, Feb. 7, 2014, 128 Stat. 857; amended Pub. L. 115–334, title VI, § 6303, Dec. 20, 2018, 132 Stat. 4749.) Editorial Notes REFERENCES IN TEXT The Rural Electrification Act of 1936, referred to in subsec. (c)(4), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§ 901 et seq.) of this title. For complete classification of this Act to the Code, see section 901 of this title and Tables. CODIFICATION Section was not enacted as part of title IX of Pub. L. 107–171, which comprises this chapter. AMENDMENTS 2018—Subsec. (b)(2). Pub. L. 115–334, § 6303(1), sub- stituted ‘‘efficiency (including cost-effective on- or off- grid renewable energy or energy storage systems).’’ for ‘‘efficiency.’’ Subsec. (c)(4). Pub. L. 115–334, § 6303(2)(B), added par. (4). Former par. (4) redesignated (5). Subsec. (c)(5). Pub. L. 115–334, § 6303(2)(A), redesig- nated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (c)(5)(B). Pub. L. 115–334, § 6303(2)(C), sub- stituted ‘‘(7)’’ for ‘‘(6)’’. Subsec. (c)(6) to (8). Pub. L. 115–334, § 6303(2)(A), redes- ignated pars. (5) to (7) as (6) to (8), respectively. Subsec. (c)(9). Pub. L. 115–334, § 6303(2)(D), added par. (9). Subsec. (d)(1)(A). Pub. L. 115–334, § 6303(3)(A), sub- stituted ‘‘5 percent’’ for ‘‘3 percent’’ in introductory provisions. Subsec. (d)(1)(D). Pub. L. 115–334, § 6303(3)(B), sub- stituted ‘‘recurring service’’ for ‘‘electric’’ in introduc- tory provisions. Subsec. (h). Pub. L. 115–334, § 6303(5), added subsec. (h). Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 115–334, § 6303(4), (6), redesignated subsec. (h) as (i) and substituted ‘‘2023’’ for ‘‘2018’’. § 8108. Biomass research and development (a) Definitions In this section: (1) Biobased product The term ‘‘biobased product’’ means— (A) an industrial product (including chemi- cals, materials, and polymers) produced from biomass; (B) a commercial or industrial product (in- cluding animal feed and electric power) de- rived in connection with the conversion of biomass to fuel; or (C) carbon dioxide that— (i) is intended for permanent sequestra- tion 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 dem- onstration 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 estab- lished under subsection (e). (b) Cooperation and coordination in biomass re- search and development (1) In general The Secretary of Agriculture and the Sec- retary of Energy shall coordinate policies and procedures that promote research and develop- ment 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 des- ignate, as the point of contact for the De- partment 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 des- ignate, as the point of contact for the De- partment of Energy, an officer of the De- partment of Energy appointed by the Presi- dent to a position in the Department before the date of the designation, by and with the advice and consent of the Senate. (c) Biomass Research and Development Board (1) Establishment There is established the Biomass Research and Development Board to carry out the du- ties described in paragraph (3). (2) Membership The Board shall consist of— (A) the point of contacts of the Depart- ment of Energy and the Department of Agri- culture, who shall serve as cochairpersons of the Board; (B) a senior officer of each of the Depart- ment of the Interior, the Environmental Protection Agency, the National Science Foundation, and the Office of Science and Technology Policy, each of whom shall have a rank that is equivalent to the rank of the points of contact; and (C) at the option of the Secretary of Agri- culture and the Secretary of Energy, other members appointed by the Secretaries (after consultation with the Board). (3) Duties The Board shall— (A) coordinate research and development activities relating to biofuels and biobased products— Page 2171 TITLE 7—AGRICULTURE § 8108 (i) between the Department of Agri- culture and the Department of Energy; and (ii) with other departments and agencies of the Federal Government; (B) provide recommendations to the points of contact concerning administration of this chapter; (C) ensure that— (i) solicitations are open and competitive with awards made annually; and (ii) objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest; and (D) ensure that the panel of scientific and technical peers assembled under subsection (e) to review proposals is composed predomi- nantly of independent experts selected from outside the Departments of Agriculture and Energy. (4) Funding Each agency represented on the Board is en- couraged to provide funds for any purpose under this section. (5) Meetings The Board shall meet at least quarterly. (d) Biomass Research and Development Tech- nical Advisory Committee (1) Establishment There is established the Biomass Research and Development Technical Advisory Com- mittee to carry out the duties described in paragraph (3). (2) Membership (A) In general The Advisory Committee shall consist of— (i) an individual affiliated with the biofuels industry; (ii) an individual affiliated with the biobased industrial and commercial prod- ucts industry; (iii) an individual affiliated with an in- stitution of higher education who has ex- pertise in biofuels and biobased products; (iv) 2 prominent engineers or scientists from government or academia who have expertise in biofuels and biobased prod- ucts; (v) an individual affiliated with a com- modity trade association; (vi) 2 individuals affiliated with environ- mental or conservation organizations; (vii) an individual associated with State government who has expertise in biofuels and biobased products; (viii) an individual with expertise in en- ergy and environmental analysis; (ix) an individual with expertise in the economics of biofuels and biobased prod- ucts; (x) an individual with expertise in agri- cultural economics; (xi) an individual with expertise in plant biology and biomass feedstock develop- ment; (xii) an individual with expertise in agronomy, crop science, or soil science; (xiii) an individual with expertise in car- bon dioxide capture, utilization, and se- questration; and (xiv) at the option of the points of con- tact, other members. (B) Appointment The members of the Advisory Committee shall be appointed by the points of contact. (3) Duties The Advisory Committee shall— (A) advise the points of contact with re- spect to the Initiative; and (B) evaluate and make recommendations in writing to the Board regarding whether— (i) funds authorized for the Initiative are distributed and used in a manner that is consistent with the objectives, purposes, and considerations of the Initiative; (ii) solicitations are open and competi- tive with awards made annually; (iii) objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest; (iv) the points of contact are funding proposals under this chapter that are se- lected on the basis of merit, as determined by an independent panel of scientific and technical peers predominantly from out- side the Departments of Agriculture and Energy; and (v) activities under this chapter are car- ried out in accordance with this chapter. (4) Coordination To avoid duplication of effort, the Advisory Committee shall coordinate its activities with those of other Federal advisory committees working in related areas. (5) Meetings The Advisory Committee shall meet at least quarterly. (6) Terms Members of the Advisory Committee shall be appointed for a term of 3 years. (e) Biomass Research and Development Initia- tive (1) In general The Secretary of Agriculture and the Sec- retary of Energy, acting through their respec- tive points of contact and in consultation with the Board, shall establish and carry out a Bio- mass Research and Development Initiative under which competitively awarded grants, contracts, and financial assistance are pro- vided to, or entered into with, eligible entities to carry out research on and development and demonstration of— (A) biofuels and biobased products; and (B) the methods, practices, and tech- nologies, for the production of biofuels and biobased products. (2) Objectives The objectives of the Initiative are to de- velop— (A) technologies and processes necessary for abundant commercial production of Page 2172 TITLE 7—AGRICULTURE § 8108 biofuels at prices competitive with fossil fuels; (B) high-value biobased products— (i) to enhance the economic viability of biofuels and power; (ii) to serve as substitutes for petroleum- based feedstocks and products; (iii) to enhance the value of coproducts produced using the technologies and proc- esses; and (iv) to permanently sequester or utilize carbon dioxide described in subsection (a)(1)(C); and (C) a diversity of economically and envi- ronmentally sustainable domestic sources of renewable biomass for conversion to biofuels, bioenergy, and biobased products. (3) Technical areas The Secretary of Agriculture and the Sec- retary of Energy, in consultation with the Ad- ministrator of the Environmental Protection Agency and heads of other appropriate depart- ments and agencies (referred to in this sub- section as the ‘‘Secretaries’’), shall direct the Initiative in the 3 following areas: (A) Feedstocks development Research, development, and demonstration activities regarding feedstocks and feed- stock logistics (including the harvest, han- dling, transport, preprocessing, and storage) relevant to production of raw materials for conversion to biofuels and biobased prod- ucts. (B) Biofuels and biobased products develop- ment Research, development, and demonstration activities to support— (i) the development of diverse cost-effec- tive technologies for the use of cellulosic biomass in the production of biofuels and biobased products; (ii) product diversification through tech- nologies relevant to production of a range of biobased products (including chemicals, animal feeds, and cogenerated power) that potentially can increase the feasibility of fuel production in a biorefinery; and (iii) the development of technologies to permanently sequester or utilize carbon dioxide described in subsection (a)(1)(C). (C) Biofuels development analysis (i) Strategic guidance The development of analysis that pro- vides strategic guidance for the applica- tion of renewable biomass technologies to improve sustainability and environmental quality, cost effectiveness, security, and rural economic development. (ii) Energy and environmental impact Development of systematic evaluations of the impact of expanded biofuel produc- tion on the environment (including forest land) and on the food supply for humans and animals, including the improvement and development of tools for life cycle analysis of current and potential biofuels. (iii) Assessment of Federal land Assessments of the potential of Federal land resources to increase the production of feedstocks for biofuels and biobased products, consistent with the integrity of soil and water resources and with other en- vironmental considerations. (4) Additional considerations Within the technical areas described in para- graph (3), the Secretaries shall support re- search and development— (A) to create continuously expanding op- portunities for participants in existing biofuels production by seeking synergies and continuity with current technologies and practices; (B) to maximize the environmental, eco- nomic, and social benefits of production of biofuels and derived biobased products on a large scale; and (C) to facilitate small-scale production and local and on-farm use of biofuels, including the development of small-scale gasification technologies for production of biofuel from cellulosic feedstocks. (5) Eligibility To be eligible for a grant, contract, or as- sistance under this section, an applicant shall be— (A) an institution of higher education; (B) a National Laboratory; (C) a Federal research agency; (D) a State research agency; (E) a private sector entity; (F) a nonprofit organization; or (G) a consortium of 2 or more entities de- scribed in subparagraphs (A) through (F). (6) Administration (A) In general After consultation with the Board, the points of contact shall— (i) publish annually 1 or more joint re- quests for proposals for grants, contracts, and assistance under this subsection; (ii) require that grants, contracts, and assistance under this section be awarded based on a scientific peer review by an independent panel of scientific and tech- nical peers; (iii) give special consideration to appli- cations that— (I) involve a consortia of experts from multiple institutions; (II) encourage the integration of dis- ciplines and application of the best tech- nical resources; and (III) increase the geographic diversity of demonstration projects; and (iv) require that the technical areas de- scribed in each of subparagraphs (A), (B), and (C) of paragraph (3) receive not less than 15 percent of funds made available to carry out this section. (B) Cost share (i) Research and development projects (I) In general Except as provided in subclause (II), the non-Federal share of the cost of a re- search or development project under this section shall be not less than 20 percent. Page 2173 TITLE 7—AGRICULTURE § 8108 1 See References in Text note below. (II) Reduction The Secretary of Agriculture or the Secretary of Energy, as appropriate, may reduce the non-Federal share required under subclause (I) if the appropriate Secretary determines the reduction to be necessary and appropriate. (ii) Demonstration and commercial projects The non-Federal share of the cost of a demonstration or commercial project under this section shall be not less than 50 percent. (C) Technology and information transfer The Secretary of Agriculture and the Sec- retary of Energy shall ensure that applicable research results and technologies from the Initiative are— (i) adapted, made available, and dissemi- nated, as appropriate; and (ii) included in the best practices data- base established under section 5925e(e) 1 of this title. (f) Administrative support and funds (1) In general The Secretary of Energy and the Secretary of Agriculture may provide such administra- tive support and funds of the Department of Energy and the Department of Agriculture to the Board and the Advisory Committee as are necessary to enable the Board and the Advi- sory Committee to carry out their duties under this section. (2) Other agencies The heads of the agencies referred to in sub- section (c)(2)(B), and the other members of the Board appointed under subsection (c)(2)(C), are encouraged to provide administrative support and funds of their respective agencies to the Board and the Advisory Committee. (3) Limitation Not more than 4 percent of the amount made available for each fiscal year under subsection (h) may be used to pay the administrative costs of carrying out this section. (g) Reports For each fiscal year for which funds are made available to carry out this section, the Sec- retary of Energy and the Secretary of Agri- culture shall jointly submit to Congress a de- tailed report on— (1) the status and progress of the Initiative, including a report from the Advisory Com- mittee on whether funds appropriated for the Initiative have been distributed and used in a manner that is consistent with the objectives and requirements of this section; (2) the general status of cooperation and re- search and development efforts carried out at each agency with respect to biofuels and biobased products; and (3) the plans of the Secretary of Energy and the Secretary of Agriculture for addressing concerns raised in the report, including con- cerns raised by the Advisory Committee. (h) Funding (1) Mandatory funding Of the funds of the Commodity Credit Cor- poration, the Secretary of Agriculture shall use to carry out this section, to remain avail- able until expended— (A) $20,000,000 for fiscal year 2009; (B) $28,000,000 for fiscal year 2010; (C) $30,000,000 for fiscal year 2011; (D) $40,000,000 for fiscal year 2012; and (E) $3,000,000 for each of fiscal years 2014 through 2017. (2) Discretionary funding In addition to any other funds made avail- able to carry out this section, there is author- ized to be appropriated to carry out this sec- tion $20,000,000 for each of fiscal years 2014 through 2023. (Pub. L. 107–171, title IX, § 9008, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1318, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2079; amended Pub. L. 112–240, title VII, § 701(f)(7), Jan. 2, 2013, 126 Stat. 2365; Pub. L. 113–79, title IX, § 9008, Feb. 7, 2014, 128 Stat. 931; Pub. L. 115–334, title VII, § 7507, Dec. 20, 2018, 132 Stat. 4823.) Editorial Notes REFERENCES IN TEXT Section 5925e of this title, referred to in subsec. (e)(6)(C)(ii), was repealed by Pub. L. 113–79, title VII, § 7212(a), Feb. 7, 2014, 128 Stat. 886. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 8108, Pub. L. 107–171, title IX, § 9010, May 13, 2002, 116 Stat. 485, related to continuation of bioenergy program, prior to the general amendment of this chapter by Pub. L. 110–246. See section 8105 of this title. A prior section 9008 of Pub. L. 107–171 amended title III of Pub. L. 106–224, which was classified to chapter 112 (§ 8601 et seq.) of this title prior to repeal by Pub. L. 110–246, § 9001(b). AMENDMENTS 2018—Subsec. (a)(1)(C). Pub. L. 115–334, § 7507(1), added subpar. (C). Subsec. (d)(2)(A)(xiii), (xiv). Pub. L. 115–334, § 7507(2), added cl. (xiii) and redesignated former cl. (xiii) as (xiv). Subsec. (e)(2)(B)(iv). Pub. L. 115–334, § 7507(3)(A), added cl. (iv). Subsec. (e)(3)(B)(iii). Pub. L. 115–334, § 7507(3)(B), added cl. (iii). Subsec. (h)(2). Pub. L. 115–334, § 7507(4), substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (h)(1)(E). Pub. L. 113–79, § 9008(1), added subpar. (E). Subsec. (h)(2). Pub. L. 113–79, § 9008(2), substituted ‘‘$20,000,000 for each of fiscal years 2014 through 2018’’ for ‘‘$35,000,000 for each of fiscal years 2009 through 2013’’. 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 Page 2174 TITLE 7—AGRICULTURE § 8109 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. § 8109. Repealed. Pub. L. 115–334, title IX, § 9008, Dec. 20, 2018, 132 Stat. 4886 Section, Pub. L. 107–171, title IX, § 9009, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1324, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2085; amended Pub. L. 112–240, title VII, § 701(f)(8), Jan. 2, 2013, 126 Stat. 2365, established the Rural Energy Self-Sufficiency Initiative. A prior section 8109, Pub. L. 107–171, title IX, § 9011, as added Pub. L. 108–199, div. A, title VII, § 778(b), Jan. 23, 2004, 118 Stat. 41, related to research, extension, and educational programs on biobased energy technologies and products, prior to the general amendment of this chapter by Pub. L. 110–246. See section 8114 of this title. § 8110. Feedstock flexibility program for bio- energy producers (a) Definitions In this section: (1) Bioenergy The term ‘‘bioenergy’’ means fuel grade eth- anol and other biofuel. (2) Bioenergy producer The term ‘‘bioenergy producer’’ means a pro- ducer of bioenergy that uses an eligible com- modity to produce bioenergy under this sec- tion. (3) Eligible commodity The term ‘‘eligible commodity’’ means a form of raw or refined sugar or in-process sugar that is eligible to be marketed in the United States for human consumption or to be used for the extraction of sugar for human consumption. (4) Eligible entity The term ‘‘eligible entity’’ means an entity located in the United States that markets an eligible commodity in the United States. (b) Feedstock flexibility program (1) In general (A) Purchases and sales For each of the 2008 through 2025 crops, the Secretary shall purchase eligible commod- ities from eligible entities and sell such commodities to bioenergy producers for the purpose of producing bioenergy in a manner that ensures that section 7272 of this title is operated at no cost to the Federal Govern- ment by avoiding forfeitures to the Com- modity Credit Corporation. (B) Competitive procedures In carrying out the purchases and sales re- quired under subparagraph (A), the Sec- retary shall, to the maximum extent prac- ticable, use competitive procedures, includ- ing the receiving, offering, and accepting of bids, when entering into contracts with eli- gible entities and bioenergy producers, pro- vided that such procedures are consistent with the purposes of subparagraph (A). (C) Limitation The purchase and sale of eligible commod- ities under subparagraph (A) shall only be made in crop years in which such purchases and sales are necessary to ensure that the program authorized under section 7272 of this title is operated at no cost to the Fed- eral Government by avoiding forfeitures to the Commodity Credit Corporation. (2) Notice (A) In general As soon as practicable after the date of en- actment of the Food, Conservation, and En- ergy Act of 2008 and each September 1 there- after through September 1, 2025, the Sec- retary shall provide notice to eligible enti- ties and bioenergy producers of the quantity of eligible commodities that shall be made available for purchase and sale for the crop year following the date of the notice under this section. (B) Reestimates Not later than the January 1, April 1, and July 1 of the calendar year following the date of a notice under subparagraph (A), the Secretary shall reestimate the quantity of eligible commodities determined under sub- paragraph (A), and provide notice and make purchases and sales based on such reesti- mates. (3) Commodity Credit Corporation inventory (A) Dispositions (i) Bioenergy and generally Except as provided in clause (ii), to the extent that an eligible commodity is owned and held in inventory by the Com- modity Credit Corporation (accumulated pursuant to the program authorized under section 7272 of this title), the Secretary shall— (I) sell the eligible commodity to bio- energy producers under this section con- sistent with paragraph (1)(C); (II) dispose of the eligible commodity in accordance with section 7272(f)(2) of this title; or (III) otherwise dispose of the eligible commodity through the buyback of cer- tificates of quota entry. (ii) Preservation of other authorities Nothing in this section limits the use of other authorities for the disposition of an eligible commodity held in the inventory of the Commodity Credit Corporation for nonfood use or otherwise in a manner that does not increase the net quantity of sugar available for human consumption in the United States market, consistent with sec- tion 7272(f)(1) of this title. (B) Emergency shortages Notwithstanding subparagraph (A), if there is an emergency shortage of sugar for human consumption in the United States