7 U.S.C. § 8101 — Definitions

Page 2152 TITLE 7—AGRICULTURE § 8101 (A) prior experience with the information and management systems of the Federal Crop Insurance Corporation; and (B) collaborated with the Corporation in the development of the identification proce- dures required by section 1515(f) of this title. (5) Use The information collected using the infor- mation management system developed under this subsection may be made available to— (A) any Federal agency that requires the information to carry out the functions of the agency; and (B) any approved insurance provider, as de- fined in section 1502(b) of this title, with re- spect to producers insured by the approved insurance provider. (6) Relation to other activities This subsection shall not interfere with, or delay, existing agreements or requests for pro- posals of the Federal Crop Insurance Corpora- tion or the Farm Service Agency regarding the information management activities known as data mining or data warehousing. (c) Authorization of appropriations In addition to amounts made available under subsection (a)(3), there are authorized to be ap- propriated such sums as are necessary to carry out subsection (b) for each of fiscal years 2003 through 2008. (Pub. L. 107–171, title X, § 10706, May 13, 2002, 116 Stat. 519.) Editorial Notes REFERENCES IN TEXT Title I and the amendments made by that title, re- ferred to in subsec. (a)(1), is title I of Pub. L. 107–171, May 13, 2002, 116 Stat. 143, which is classified prin- cipally to this chapter. For complete classification of title I to the Code, see References in Text note set out under section 7901 of this title and Tables. CHAPTER 107—RENEWABLE ENERGY RESEARCH AND DEVELOPMENT Sec. 8101. Definitions. 8102. Biobased markets program. 8103. Biorefinery, renewable chemical, and biobased product manufacturing assistance. 8104. Repealed. 8105. Bioenergy program for advanced biofuels. 8106. Biodiesel fuel education program. 8107. Rural Energy for America Program. 8107a. Rural energy savings program. 8108. Biomass research and development. 8109. Repealed. 8110. Feedstock flexibility program for bioenergy producers. 8111. Biomass Crop Assistance Program. 8112. Repealed. 8113. Community Wood Energy and Wood Innova- tion Program. 8114. Sun grant program. 8115. Carbon utilization and biogas education pro- gram. Editorial Notes CODIFICATION Title IX of the Farm Security and Rural Investment Act of 2002, which comprises this chapter, was origi- nally enacted by Pub. L. 107–171, title IX, May 13, 2002, 116 Stat. 475, and amended by Pub. L. 108–199, div. A, title VII, § 778(b), Jan. 23, 2004, 118 Stat. 41; Pub. L. 109–58, title II, § 205, title IX, § 943(a), (b), Aug. 8, 2005, 119 Stat. 654, 880, 881; Pub. L. 109–171, title I, § 1301, Feb. 8, 2006, 120 Stat. 6. Such title is shown herein, however, as having been added by Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1303, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2064, without reference to such intervening amendments be- cause of the extensive revision of the title’s provisions by Pub. L. 110–234 and Pub. L. 110–246, which amended the title identically. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. § 8101. Definitions Except as otherwise provided, in this chapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) Advisory Committee The term ‘‘Advisory Committee’’ means the Biomass Research and Development Technical Advisory Committee established by section 8108(d)(1) of this title. (3) Advanced biofuel (A) In general The term ‘‘advanced biofuel’’ means fuel derived from renewable biomass other than corn kernel starch. (B) Inclusions Subject to subparagraph (A), the term ‘‘ad- vanced biofuel’’ includes— (i) biofuel derived from cellulose, hemi- cellulose, or lignin; (ii) biofuel derived from sugar and starch (other than ethanol derived from corn ker- nel starch); (iii) biofuel derived from waste material, including crop residue, other vegetative waste material, animal waste, food waste, and yard waste; (iv) diesel-equivalent fuel derived from renewable biomass, including vegetable oil and animal fat; (v) biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass; (vi) butanol or other alcohols produced through the conversion of organic matter from renewable biomass; and (vii) other fuel derived from cellulosic biomass. (4) Biobased product The term ‘‘biobased product’’ means a prod- uct determined by the Secretary to be a com- mercial or industrial product (other than food or feed) that is— (A) composed, in whole or in significant part, of biological products, including renew- able domestic agricultural materials, renew- able chemicals, and forestry materials; or (B) an intermediate ingredient or feed- stock. (5) Biofuel The term ‘‘biofuel’’ means a fuel derived from renewable biomass. Page 2153 TITLE 7—AGRICULTURE § 8101 (6) Biomass conversion facility The term ‘‘biomass conversion facility’’ means a facility that converts or proposes to convert renewable biomass into— (A) heat; (B) power; (C) biobased products; or (D) advanced biofuels. (7) Biorefinery The term ‘‘biorefinery’’ means a facility (in- cluding equipment and processes) that— (A) converts renewable biomass or an in- termediate ingredient or feedstock of renew- able biomass into any 1 or more, or a com- bination, of— (i) biofuels; (ii) renewable chemicals; or (iii) biobased products; and (B) may produce electricity. (8) Board The term ‘‘Board’’ means the Biomass Re- search and Development Board established by section 8108(c) of this title. (9) Forest product (A) In general The term ‘‘forest product’’ means a prod- uct made from materials derived from the practice of forestry or the management of growing timber. (B) Inclusions The term ‘‘forest product’’ includes— (i) pulp, paper, paperboard, pellets, lum- ber, and other wood products; and (ii) any recycled products derived from forest materials. (10) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (11) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1002(a) of title 20. (12) Intermediate ingredient or feedstock The term ‘‘intermediate ingredient or feed- stock’’ means a material or compound made in whole or in significant part from biological products, including renewable agricultural materials (including plant, animal, and ma- rine materials) or forestry materials, that are subsequently used to make a more complex compound or product. (13) Renewable biomass The term ‘‘renewable biomass’’ means— (A) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 1702 of title 43) that— (i) are byproducts of preventive treat- ments that are removed— (I) to reduce hazardous fuels; (II) to reduce or contain disease or in- sect infestation; or (III) to restore ecosystem health; (ii) would not otherwise be used for high- er-value products; and (iii) are harvested in accordance with— (I) applicable law and land manage- ment plans; and (II) the requirements for— (aa) old-growth maintenance, res- toration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 6512 of title 16; and (bb) large-tree retention of sub- section (f) of that section; or (B) any organic matter that is available on a renewable or recurring basis from non-Fed- eral land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including— (i) renewable plant material, including— (I) feed grains; (II) other agricultural commodities; (III) other plants and trees; and (IV) algae; and (ii) waste material, including— (I) crop residue; (II) other vegetative waste material (including wood waste and wood resi- dues); (III) animal waste and byproducts (in- cluding fats, oils, greases, and manure); and (IV) food waste and yard waste. (14) Renewable chemical The term ‘‘renewable chemical’’ means a monomer, polymer, plastic, formulated prod- uct, or chemical substance produced from re- newable biomass. (15) Renewable energy The term ‘‘renewable energy’’ means energy derived from— (A) a wind, solar, renewable biomass, ocean (including tidal, wave, current, and thermal), geothermal, or hydroelectric source; or (B) hydrogen derived from renewable bio- mass or water using an energy source de- scribed in subparagraph (A). (16) Renewable energy system (A) In general Subject to subparagraph (C), the term ‘‘re- newable energy system’’ means a system that produces usable energy from a renew- able energy source. (B) Inclusions The term ‘‘renewable energy system’’ in- cludes— (i) distribution components necessary to move energy produced by a system de- scribed in subparagraph (A) to the initial point of sale; and (ii) other components and ancillary in- frastructure of a system described in sub- paragraph (A), such as a storage system. (C) Limitation A system described in subparagraph (A) may not include a mechanism for dispensing energy at retail. Page 2154 TITLE 7—AGRICULTURE § 8101 (17) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (Pub. L. 107–171, title IX, § 9001, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1303, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2064; amended Pub. L. 113–79, title IX, § 9001, Feb. 7, 2014, 128 Stat. 926; Pub. L. 115–334, title IX, § 9001, Dec. 20, 2018, 132 Stat. 4883.) Editorial Notes 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 8101, Pub. L. 107–171, title IX, § 9001, May 13, 2002, 116 Stat. 475; Pub. L. 109–58, title IX, § 943(a)(1), Aug. 8, 2005, 119 Stat. 880, contained defini- tions for this chapter, prior to the general amendment of this chapter by Pub. L. 110–246. AMENDMENTS 2018—Par. (4)(A). Pub. L. 115–334, § 9001(1), substituted ‘‘agricultural materials, renewable chemicals,’’ for ‘‘ag- ricultural materials’’. Par. (7)(A). Pub. L. 115–334, § 9001(2), substituted ‘‘or an intermediate ingredient or feedstock of renewable biomass into any 1 or more, or a combination, of—’’ and cls. (i) to (iii) for ‘‘into biofuels and biobased prod- ucts; and’’. Par. (16)(A). Pub. L. 115–334, § 9001(3)(A), substituted ‘‘subparagraph (C), the term ‘renewable energy system’ means a system that produces usable energy from a re- newable energy source.’’ for ‘‘subparagraph (B), the term ‘renewable energy system’ means a system that— ‘‘(i) produces usable energy from a renewable en- ergy source; and ‘‘(ii) may include distribution components nec- essary to move energy produced by such system to the initial point of sale.’’ Par. (16)(B), (C). Pub. L. 115–334, § 9001(3)(B), (C), added subpar. (B) and redesignated former subpar. (B) as (C). 2014—Par. (9). Pub. L. 113–79, § 9001(2), added par. (9). Former par. (9) redesignated (10). Par. (10) to (13). Pub. L. 113–79, § 9001(1), redesignated pars. (9) to (12) as (10) to (13), respectively. Former par. (13) redesignated (15). Par. (14). Pub. L. 113–79, § 9001(3), added par. (14) Par. (15). Pub. L. 113–79, § 9001(1), redesignated par. (13) as (15). Par. (16). Pub. L. 113–79, § 9001(4), added par. (16). Par. (17). Pub. L. 113–79, § 9001(1), redesignated par. (14) as (17). Statutory Notes and Related Subsidiaries 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. SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–199, div. A, title VII, § 778(a), Jan. 23, 2004, 118 Stat. 41, provided that: ‘‘This section [enacting sec- tion 8109 of this title] may be cited as the ‘Sun Grant Research Initiative Act of 2003’.’’ BIOMASS RESEARCH AND DEVELOPMENT Pub. L. 106–224, title III, June 20, 2000, 114 Stat. 428; as amended by Pub. L. 107–171, title IX, § 9008, May 13, 2002, 116 Stat. 483; Pub. L. 108–148, title II, § 201, Dec. 3, 2003, 117 Stat. 1901; Pub. L. 109–58, title IX, § 941, Aug. 8, 2005, 119 Stat. 873, known as the Biomass Research and De- velopment Act of 2000, and formerly set out as a note under this section, provided temporary authority for the Secretaries of Agriculture and Energy to promote biomass research and development. As amended by Pub. L. 109–58, the program became permanent, and title III of Pub. L. 106–224 was transferred to chapter 112 (§ 8601 et seq.) of this title. Subsequently, title III of Pub. L. 106–224 was repealed by Pub. L. 110–246, title IX, § 9001(b), June 18, 2008, 122 Stat. 2095. Executive Documents BIOFUELS AND RURAL ECONOMIC DEVELOPMENT Memorandum of President of the United States, May 5, 2009, 74 F.R. 21531, provided: Memorandum for the Secretary of Agriculture, the Secretary of Energy, [and] the Administrator of the Environmental Protection Agency In the Nation’s ongoing efforts to achieve energy independence, biomass and biofuels promise to play a key role by providing the Nation with homegrown sus- tainable energy options and energizing our economy with new industries and jobs. While producing clean re- newable fuels locally is a powerful engine of economic growth, they must be developed and used in a way that limits environmental impact. Today, the Environ- mental Protection Agency (EPA) is issuing a Notice of Proposed Rulemaking, as required by the Energy Inde- pendence and Security Act of 2007, to set new national renewable fuel standards and implement those stand- ards. The public will have an opportunity to provide input on this proposal through a 60-day comment pe- riod, and the EPA is conducting peer reviews on key as- pects of the environmental impact assessments within the proposal. In order to shepherd our Nation’s development of this important industry and to coordinate interagency pol- icy, I hereby establish a Biofuels Interagency Working Group (Working Group), to be co-chaired by the Secre- taries of Agriculture and Energy and the Administrator of the EPA. This Working Group will coordinate with the National Science and Technology Council’s Bio- mass Research and Development Board in undertaking its work. The responsibilities of the Working Group shall include: (a) Developing the Nation’s first comprehensive biofuel market development program, which shall use existing authorities and identify new policies to sup- port the development of next-generation biofuels, in- crease flexible fuel vehicle use, and assist in retail mar- keting efforts; (b) Coordinating infrastructure policies affecting the supply, secure transport, and distribution of biofuels; and (c) Identifying new policy options to promote the en- vironmental sustainability of biofuels feedstock pro- duction, taking into consideration land use, habitat conservation, crop management practices, water effi- ciency and water quality, as well as lifecycle assess- ments of greenhouse gas emissions. Alongside the Working Group’s efforts, the Secretary of Agriculture may pursue other important biofuel de- velopment efforts. The Rural Development Act of 1972 and the Rural Development Policy Act of 1980 direct the Secretary of Agriculture to develop, in coordina- tion with State and local governments, a nationwide rural development program to assure rural America’s health and prosperity. In keeping with that mandate, and recognizing the key role rural America will play in the development of biofuel technology and develop- ment, I request that the Secretary of Agriculture take the following steps, to the extent permitted by law: (a) Immediately begin restructuring existing invest- ments in renewable fuels as needed to preserve industry employment; and (b) Develop a comprehensive approach to accelerating the investment in and production of American biofuels Page 2155 TITLE 7—AGRICULTURE § 8102 and reducing our dependence on fossil fuels by pro- viding, within 30 days, under the authorities made available in the Food, Conservation, and Energy Act of 2008: (i) Loan guarantees for the development, construc- tion, and retrofitting of commercial-scale biorefineries and grants to help pay for the development and con- struction costs of demonstration-scale biorefineries; (ii) Expedited funding to encourage biorefineries to replace the use of fossil fuels in plant operations by in- stalling new biomass energy systems or producing new energy from renewable biomass; (iii) Expedited funding to biofuels producers to en- courage production of next-generation biofuels from cellulosic biomass and other feedstocks; (iv) Expansion of the Renewable Energy Systems and Energy Efficiency Improvements Program, which has been renamed the Rural Energy for America Program, to include hydroelectric source technologies, energy audits, and higher loan guarantee limits; and (v) Guidance and support for collection, harvest, stor- age, and transportation assistance for eligible mate- rials for use in biomass conversion facilities. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or enti- ties, its officers, employees, or agents, or any other person. The Secretary of Agriculture is hereby authorized and directed to publish this memorandum in the Fed- eral Register. BARACK OBAMA. § 8102. Biobased markets program (a) Federal procurement of biobased products (1) Definition of procuring agency In this subsection, the term ‘‘procuring agency’’ means— (A) any Federal agency that is using Fed- eral funds for procurement; or (B) a person that is a party to a contract with any Federal agency, with respect to work performed under such a contract. (2) Procurement preference (A) In general (i) Procuring agency duties Except as provided in clause (ii) and sub- paragraph (B), after the date specified in applicable guidelines prepared pursuant to paragraph (3), each procuring agency shall— (I) establish a procurement program, develop procurement specifications, and procure biobased products identified under the guidelines described in para- graph (3) in accordance with this section; (II) with respect to items described in the guidelines, give a procurement pref- erence to those items that— (aa) are composed of the highest per- centage of biobased products prac- ticable; or (bb) comply with the regulations issued under section 6914b–1 of title 42; and (III) establish a targeted biobased-only procurement requirement under which the procuring agency shall issue a cer- tain number of biobased-only contracts when the procuring agency is purchasing products, or purchasing services that in- clude the use of products, that are in- cluded in a biobased product category designated by the Secretary. (ii) Exception The requirements of clause (i)(I) to es- tablish a procurement program and de- velop procurement specifications shall not apply to a person described in paragraph (1)(B). (B) Flexibility Notwithstanding subparagraph (A), a pro- curing agency may decide not to procure items described in that subparagraph if the procuring agency determines that the items— (i) are not reasonably available within a reasonable period of time; (ii) fail to meet— (I) the performance standards set forth in the applicable specifications; or (II) the reasonable performance stand- ards of the procuring agencies; or (iii) are available only at an unreason- able price. (C) Minimum requirements Each procurement program required under this subsection shall, at a minimum— (i) be consistent with applicable provi- sions of Federal procurement law; (ii) ensure that items composed of biobased products will be purchased to the maximum extent practicable; (iii) include a component to promote the procurement program; (iv) provide for an annual review and monitoring of the effectiveness of the pro- curement program; and (v) adopt 1 of the 2 polices described in subparagraph (D) or (E), or a policy sub- stantially equivalent to either of those policies. (D) Case-by-case policy (i) In general Subject to subparagraph (B) and except as provided in clause (ii), a procuring agen- cy adopting the case-by-case policy shall award a contract to the vendor offering an item composed of the highest percentage of biobased products practicable. (ii) Exception Subject to subparagraph (B), an agency adopting the policy described in clause (i) may make an award to a vendor offering items with less than the maximum biobased products content. (E) Minimum content standards Subject to subparagraph (B), a procuring agency adopting the minimum content standards policy shall establish minimum biobased products content specifications for awarding contracts in a manner that ensures that the biobased products content required is consistent with this subsection. (F) Certification After the date specified in any applicable guidelines prepared pursuant to paragraph