US (United States) Code. Title 7. Chapter 107: Renewable energy research and development
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7 USC CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT 01/06/03
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TITLE 7 - AGRICULTURE
CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT
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8101. Definitions.
8102. Federal procurement of biobased products.
(a) Application of section.
(b) Procurement subject to other law.
(c) Procurement preference.
(d) Specifications.
(e) Guidelines.
(f) Office of Federal Procurement Policy.
(g) Procurement program.
(h) Labeling.
(i) Limitation.
(j) Funding.
8103. Biorefinery development grants.
(a) Purpose.
(b) Definitions.
(c) Grants.
(d) Eligible entities.
(e) Competitive basis for awards.
(f) Cost sharing.
(g) Consultation.
(h) Authorization of appropriations.
8104. Biodiesel fuel education program.
(a) Establishment.
(b) Eligible entities.
(c) Consultation.
(d) Funding.
8105. Energy audit and renewable energy development program.
(a) In general.
(c) Merit review.
(d) Use of grant funds.
(e) Cost sharing.
(f) Use of cost-share funds.
(h) Reports.
(i) Authorization of appropriations.
8106. Renewable energy systems and energy efficiency improvements.
(b) Eligibility.
(c) Cost sharing.
(d) Interest rate.
(e) Consultation.
(f) Funding.
8107. Hydrogen and fuel cell technologies.
(b) Dissemination of information.
8108. Continuation of bioenergy program.
(a) Definitions.
(b) Bioenergy Program.
(c) Funding.
7 USC Sec. 8101 01/06/03
Sec. 8101. Definitions
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In this chapter:
(1) Administrator
The term ''Administrator'' means the Administrator of the
Environmental Protection Agency.
(2) Biobased product
The term ''biobased product'' means a product determined by the
Secretary to be a commercial or industrial product (other than
food or feed) that is composed, in whole or in significant part,
of biological products or renewable domestic agricultural
materials (including plant, animal, and marine materials) or
forestry materials.
(3) Biomass
The term ''biomass'' means any organic material that is
available on a renewable or recurring basis.
(B) Inclusions
The term ''biomass'' includes -
(i) agricultural crops;
(ii) trees grown for energy production;
(iii) wood waste and wood residues;
(iv) plants (including aquatic plants and grasses);
(v) residues;
(vi) fibers;
(vii) animal wastes and other waste materials; and
(viii) fats, oils, and greases (including recycled fats,
oils, and greases).
(C) Exclusions
The term ''biomass'' does not include -
(i) paper that is commonly recycled; or
(ii) unsegregated solid waste.
(4) Renewable energy
The term ''renewable energy'' means energy derived from -
(A) a wind, solar, biomass, or geothermal source; or
(B) hydrogen derived from biomass or water using an energy
source described in subparagraph (A).
(5) Rural small business
The term ''rural small business'' has the meaning that the
Secretary shall prescribe by regulation.
(6) Secretary
The term ''Secretary'' means the Secretary of Agriculture.
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(Pub. L. 107-171, title IX, Sec. 9001, May 13, 2002, 116 Stat.
475.)
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This chapter, referred to in text, was in the original ''this
title'', meaning title IX of Pub. L. 107-171, May 13, 2002, 116
Stat. 475, which enacted this chapter and amended section 6711 of
this title and provisions set out as a note under section 7624 of
this title. For complete classification of title IX to the Code,
see Tables.
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, Sec. 9008, May 13, 2002, 116
Stat. 483, provided that:
''SEC. 301. SHORT TITLE.
''This title may be cited as the 'Biomass Research and
Development Act of 2000'.
''SEC. 302. FINDINGS.
''Congress finds that -
''(1) conversion of biomass into biobased industrial products
offers outstanding potential for benefit to the national interest
through -
''(A) improved strategic security and balance of payments;
''(B) healthier rural economies;
''(C) improved environmental quality;
''(D) near-zero net greenhouse gas emissions;
''(E) technology export; and
''(F) sustainable resource supply;
''(2) the key technical challenges to be overcome in order for
biobased industrial products to be cost-competitive are finding
new technology and reducing the cost of technology for converting
biomass into desired biobased industrial products;
''(3) biobased fuels, such as ethanol, have the clear potential
to be sustainable, low cost, and high performance fuels that are
compatible with both current and future transportation systems
and provide near-zero net greenhouse gas emissions;
''(4) biobased chemicals have the clear potential for
environmentally benign product life cycles;
''(5) biobased power can -
''(A) provide environmental benefits;
''(B) promote rural economic development; and
''(C) diversify energy resource options;
''(6) many biomass feedstocks suitable for industrial
processing show the clear potential for sustainable production,
in some cases resulting in improved soil fertility and carbon
sequestration;
''(7)(A) grain processing mills are biorefineries that produce
a diversity of useful food, chemical, feed, and fuel products;
''(B) technologies that result in further diversification of
the range of value-added biobased industrial products can meet a
key need for the grain processing industry;
''(8)(A) cellulosic feedstocks are attractive because of their
low cost and widespread availability; and
''(B) research resulting in cost-effective technology to
overcome the recalcitrance of cellulosic biomass would allow
biorefineries to produce fuels and bulk chemicals on a very large
scale, with a commensurately large realization of the benefit
described in paragraph (1);
''(9) research into the fundamentals to understand important
mechanisms of biomass conversion can be expected to accelerate
the application and advancement of biomass processing technology
''(A) increasing the confidence and speed with which new
technologies can be scaled up; and
''(B) giving rise to processing innovations based on new
''(10) the added utility of biobased industrial products
developed through improvements in processing technology would
encourage the design of feedstocks that would meet future needs
more effectively;
''(11) the creation of value-added biobased industrial products
would create new jobs in construction, manufacturing, and
distribution, as well as new higher-valued exports of products
and technology;
''(12)(A) because of the relatively short-term time horizon
characteristic of private sector investments, and because many
benefits of biomass processing are in the national interest, it
is appropriate for the Federal Government to provide
precommercial investment in fundamental research and
research-driven innovation in the biomass processing area; and
''(B) such an investment would provide a valuable complement to
ongoing and past governmental support in the biomass processing
area; and
''(13) several prominent studies, including studies by the
President's Committee of Advisors on Science and Technology and
the National Research Council -
''(A) support the potential for large research-driven
advances in technologies for production of biobased industrial
products as well as associated benefits; and
''(B) document the need for a focused, integrated, and
innovation-driven research effort to provide the appropriate
progress in a timely manner.
''SEC. 303. DEFINITIONS.
''In this title:
''(1) Advisory committee. - The term 'Advisory Committee' means
the Biomass Research and Development Technical Advisory Committee
established by section 306.
''(2) Biobased industrial product. - The term 'biobased
industrial product' means fuels, chemicals, building materials,
or electric power or heat produced from biomass.
''(3) Biomass. - The term 'biomass' means any organic matter
that is available on a renewable or recurring basis, including
agricultural crops and trees, wood and wood wastes and residues,
plants (including aquatic plants), grasses, residues, fibers, and
animal wastes, municipal wastes, and other waste materials.
''(4) Board. - The term 'Board' means the Biomass Research and
Development Board established by section 305.
''(5) Initiative. - The term 'Initiative' means the Biomass
Research and Development Initiative established under section
''(6) Institution of higher education. - The term 'institution
of higher education' has the meaning given the term in section
102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).
''(7) National laboratory. - The term 'national laboratory' has
the meaning given the term 'laboratory' in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)).
''(8) Point of contact. - The term 'point of contact' means a
point of contact designated under section 304(d).
''(9) Processing. - The term 'processing' means the derivation
of biobased industrial products from biomass, including -
''(A) feedstock production;
''(B) harvest and handling;
''(C) pretreatment or thermochemical processing;
''(D) fermentation;
''(E) catalytic processing;
''(F) product recovery; and
''(G) coproduct production.
''(10) Research and development. - The term 'research and
development' means research, development, and demonstration.
''SEC. 304. COOPERATION AND COORDINATION IN BIOMASS RESEARCH AND
''(a) In General. - The Secretary of Agriculture and the
Secretary of Energy shall cooperate with respect to, and
coordinate, policies and procedures that promote research and
development leading to the production of biobased industrial
''(b) Purposes. - The purposes of the cooperation and
coordination shall be -
''(1) to understand the key mechanisms underlying the
recalcitrance of biomass for conversion into biobased industrial
products;
''(2) to develop new and cost-effective technologies that would
result in large-scale commercial production of low cost and
sustainable biobased industrial products;
''(3) to ensure that biobased industrial products are developed
in a manner that enhances their economic, energy security, and
environmental benefits; and
''(4) to promote the development and use of agricultural and
energy crops for conversion into biobased industrial products.
''(c) Areas. - In carrying out this title, the Secretary of
Agriculture and the Secretary of Energy, in consultation with heads
of appropriate departments and agencies, shall promote research and
development -
''(1) to advance the availability and widespread use of energy
efficient, economically competitive, and environmentally sound
biobased industrial products in a manner that is consistent with
the goals of the United States relating to sustainable and secure
supplies of food, chemicals, and fuel;
''(2) to ensure full consideration of Federal land and land
management programs as potential feedstock resources for biobased
industrial products; and
''(3) to assess the environmental, economic, and social impact
of production of biobased industrial products from biomass on a
large scale.
''(d) Points of Contact. -
''(1) In general. - To coordinate research and development
programs and activities relating to biobased industrial 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;
''(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 President to a position
in the Department before the date of the designation, by and
with the advice and consent of the Senate.
''(2) Duties. - The points of contact shall jointly -
''(A) assist in arranging interlaboratory and site-specific
supplemental agreements for research and development projects
relating to biobased industrial products;
''(B) serve as cochairpersons of the Board;
''(C) administer the Initiative; and
''(D) respond in writing to each recommendation of the
Advisory Committee made under section 306(c).
''SEC. 305. BIOMASS RESEARCH AND DEVELOPMENT BOARD.
''(a) Establishment. - There is established the Biomass Research
and Development Board, which shall supersede the Interagency
Council on Biobased Products and Bioenergy established by Executive
Order No. 13134 (set out below), to coordinate programs within and
among departments and agencies of the Federal Government for the
purpose of promoting the use of biobased industrial products by -
''(1) maximizing the benefits deriving from Federal grants and
assistance; and
''(2) bringing coherence to Federal strategic planning.
''(b) Membership. - The Board shall consist of -
''(1) the point of contact of the Department of Energy
designated under section 304(d)(1)(B), who shall serve as
cochairperson of the Board;
''(2) the point of contact of the Department of Agriculture
designated under section 304(d)(1)(A), who shall serve as
''(3) a senior officer of each of the Department of the
Interior, the Environmental Protection Agency, the National
Science Foundation, and the Office of Science and Technology
Policy, each of whom shall -
''(A) be appointed by the head of the respective agency; and
''(B) have a rank that is equivalent to the rank of the
points of contact; and
''(4) at the option of the Secretary of Agriculture and the
Secretary of Energy, other members appointed by the Secretaries
(after consultation with the members described in paragraphs (1)
through (3)).
''(c) Duties. - The Board shall -
''(1) coordinate research and development activities relating
to biobased industrial products -
''(A) between the Department of Agriculture and the
Department of Energy; and
''(B) with other departments and agencies of the Federal
Government; and
''(2) provide recommendations to the points of contact
concerning administration of this title.
''(d) Funding. - Each agency represented on the Board is
encouraged to provide funds for any purpose under this title.
''(e) Meetings. - The Board shall meet at least quarterly to
enable the Board to carry out the duties of the Board under
subsection (c).
''SEC. 306. BIOMASS RESEARCH AND DEVELOPMENT TECHNICAL ADVISORY
and Development Technical Advisory Committee, which shall supersede
the Advisory Committee on Biobased Products and Bioenergy
established by Executive Order No. 13134 (set out below) -
''(1) to advise the Secretary of Energy, the Secretary of
Agriculture, and the points of contact concerning -
''(A) the technical focus and direction of requests for
proposals issued under the Initiative; and
''(B) procedures for reviewing and evaluating the proposals;
''(2) to facilitate consultations and partnerships among
Federal and State agencies, agricultural producers, industry,
consumers, the research community, and other interested groups to
carry out program activities relating to the Initiative; and
''(3) to evaluate and perform strategic planning on program
activities relating to the Initiative.
''(b) Membership. -
''(1) In general. - The Advisory Committee shall consist of -
''(A) an individual affiliated with the biobased industrial
products industry;
''(B) an individual affiliated with an institution of higher
education who has expertise in biobased industrial products;
''(C) two prominent engineers or scientists from government
or academia who have expertise in biobased industrial products;
''(D) an individual affiliated with a commodity trade
association;
''(E) an individual affiliated with an environmental or
conservation organization;
''(F) an individual associated with State government who has
expertise in biobased industrial products;
''(G) an individual with expertise in energy analysis;
''(H) an individual with expertise in the economics of
biobased industrial products;
''(I) an individual with expertise in agricultural economics;
''(J) at the option of the points of contact, other members.
''(2) Appointment. - The members of the Advisory Committee
shall be appointed by the points of contact.
''(c) Duties. - The Advisory Committee shall -
''(1) advise the points of contact with respect to the
Initiative; and
''(2) evaluate whether, and make recommendations in writing to
the Board to ensure that -
''(A) funds authorized for the Initiative are distributed and
used in a manner that is consistent with the goals of the
Initiative;
''(B) the points of contact are funding proposals under this
title that are selected on the basis of merit, as determined by
an independent panel of scientific and technical peers; and
''(C) activities under this title are carried out in
accordance with this title.
''(d) Coordination. - To avoid duplication of effort, the
Advisory Committee shall coordinate its activities with those of
other Federal advisory committees working in related areas.
''(e) Meetings. - The Advisory Committee shall meet at least
quarterly to enable the Advisory Committee to carry out the duties
of the Advisory Committee under subsection (c).
''(f) Terms. - Members of the Advisory Committee shall be
appointed for a term of 3 years, except that -
''(1) one-third of the members initially appointed shall be
appointed for a term of 1 year; and
appointed for a term of 2 years.
''SEC. 307. BIOMASS RESEARCH AND DEVELOPMENT INITIATIVE.
Secretary of Energy, acting through their respective points of
contact and in consultation with the Board, shall establish and
carry out a Biomass Research and Development Initiative under which
competitively awarded grants, contracts, and financial assistance
are provided to, or entered into with, eligible entities to carry
out research on biobased industrial products.
''(b) Purposes. - The purposes of grants, contracts, and
assistance under this section shall be -
''(1) to stimulate collaborative activities by a diverse range
of experts in all aspects of biomass processing for the purpose
of conducting fundamental and innovation-targeted research and
technology development;
''(2) to enhance creative and imaginative approaches toward
biomass processing that will serve to develop the next generation
of advanced technologies making possible low cost and sustainable
''(3) to strengthen the intellectual resources of the United
States through the training and education of future scientists,
engineers, managers, and business leaders in the field of biomass
processing; and
''(4) to promote integrated research partnerships among
colleges, universities, national laboratories, Federal and State
research agencies, and the private sector as the best means of
overcoming technical challenges that span multiple research and
engineering disciplines and of gaining better leverage from
limited Federal research funds.
''(c) Eligible Entities. -
''(1) In general. - To be eligible for a grant, contract, or
assistance 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 two or more entities described in
subparagraphs (A) through (F).
''(2) Administration. - After consultation with the Board, the
points of contact shall -
''(A) publish annually one or more joint requests for
proposals for grants, contracts, and assistance under this
section;
''(B) establish a priority in grants, contracts, and
assistance under this section for research that -
''(i) demonstrates potential for significant advances in
biomass processing;
''(ii) demonstrates potential to substantially further
scale-sensitive national objectives such as -
''(I) sustainable resource supply;
''(II) reduced greenhouse gas emissions;
''(III) healthier rural economies; and
''(IV) improved strategic security and trade balances; and
''(iii) would improve knowledge of important biomass
processing systems that demonstrate potential for commercial
applications;
''(C) require that grants, contracts, and assistance under
this section be awarded competitively, on the basis of merit,
after the establishment of procedures that provide for
scientific peer review by an independent panel of scientific
and technical peers; and
''(D) give preference to applications that -
''(i) involve a consortia of experts from multiple
institutions; and
''(ii) encourage the integration of disciplines and
application of the best technical resources.
''(d) Uses of Grants, Contracts, and Assistance. - A grant,
contract, or assistance under this section may be used to conduct -
''(1) research on process technology for overcoming the
recalcitrance of biomass, including research on key mechanisms,
advanced technologies, and demonstration test beds for -
''(A) feedstock pretreatment and hydrolysis of cellulose and
hemicellulose, including new technologies for -
''(i) enhanced sugar yields;
''(ii) lower overall chemical use;
''(iii) less costly materials; and
''(iv) cost reduction;
''(B) development of novel organisms and other approaches to
substantially lower the cost of cellulase enzymes and enzymatic
hydrolysis, including dedicated cellulase production and
consolidated bioprocessing strategies; and
''(C) approaches other than enzymatic hydrolysis for
overcoming the recalcitrance of cellulosic biomass;
''(2) research on technologies for diversifying the range of
products that can be efficiently and cost-competitively produced
from biomass, including research on -
''(A) metabolic engineering of biological systems (including
the safe use of genetically modified crops) to produce novel
products, especially commodity products, or to increase product
selectivity and tolerance, with a research priority for the
development of biobased industrial products that can compete in
performance and cost with fossil-based products;
''(B) catalytic processing to convert intermediates of
biomass processing into products of interest;
''(C) separation technologies for cost-effective product
recovery and purification;
''(D) approaches other than metabolic engineering and
catalytic conversion of intermediates of biomass processing;
''(E) advanced biomass gasification technologies, including
coproduction of power and heat as an integrated component of
biomass processing, with the possibility of generating excess
electricity for sale; and
''(F) related research in advanced turbine and stationary
fuel cell technology for production of electricity from
biomass; and
''(3) research aimed at ensuring the environmental performance
and economic viability of biobased industrial products and their
raw material input of biomass when considered as an integrated
system, including research on -
''(A) the analysis of, and strategies to enhance, the
environmental performance and sustainability of biobased
industrial products, including research on -
''(i) accurate measurement and analysis of greenhouse gas
emissions, carbon sequestration, and carbon cycling in
relation to the life cycle of biobased industrial products
and feedstocks with respect to other alternatives;
''(ii) evaluation of current and future biomass resource
availability;
''(iii) development and analysis of land management
practices and alternative biomass cropping systems that
ensure the environmental performance and sustainability of
biomass production and harvesting;
''(iv) the land, air, water, and biodiversity impacts of
large-scale biomass production, processing, and use of
biobased industrial products relative to other alternatives;
''(v) biomass gasification and combustion to produce
electricity;
''(B) the analysis of, and strategies to enhance, the
economic viability of biobased industrial products, including
research on -
''(i) the cost of the required process technology;
''(ii) the impact of coproducts, including food, animal
feed, and fiber, on biobased industrial product price and
large-scale economic viability; and
''(iii) interactions between an emergent biomass refining
industry and the petrochemical refining infrastructure; and
''(C) the field and laboratory research related to feedstock
production with the interrelated goals of enhancing the
sustainability, increasing productivity, and decreasing the
cost of biomass processing, including research on -
''(i) altering biomass to make biomass easier and less
expensive to process;
''(ii) existing and new agricultural and energy crops that
provide a sustainable resource for conversion to biobased
industrial products while simultaneously serving as a source
for coproducts such as food, animal feed, and fiber;
''(iii) improved technologies for harvest, collection,
transport, storage, and handling of crop and residue
feedstocks; and
''(iv) development of economically viable cropping systems
that improve the conservation and restoration of marginal
land; or
''(4) any research and development in technologies or processes
determined by the Secretary of Agriculture and the Secretary of
Energy, acting through their respective points of contact and in
consultation with the Board, to be consistent with the purposes
described in subsection (b) and the priority described in
subsection (c)(2)(B).
''(e) Technology and Information Transfer to Agricultural Users.
''(1) In general. - The Administrator of the Cooperative State
Research, Education, and Extension Service and the Chief of the
Natural Resources Conservation Service shall ensure that
applicable research results and technologies from the Initiative
are adapted, made available, and disseminated through their
respective services, as appropriate.
''(2) Report. - Not later than 5 years after the date of the
enactment of this Act (June 20, 2000), the Administrator of the
Cooperative State Research, Education, and Extension Service and
the Chief of the Natural Resources Conservation Service shall
submit to the committees of Congress with jurisdiction over the
Initiative a report on the activities conducted by the services
under this subsection.
''SEC. 308. ADMINISTRATIVE SUPPORT AND FUNDS.
''(a) In General. - To the extent administrative support and
funds are not provided by other agencies under subsection (b), the
Secretary of Energy and the Secretary of Agriculture may provide
such administrative 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 Advisory
Committee to carry out their duties under this title.
''(b) Other Agencies. - The heads of the agencies referred to in
section 305(b)(3), and the other members appointed under section
305(b)(4), may, and are encouraged to, provide administrative
support and funds of their respective agencies to the Board and the
''(c) Limitation. - Not more than 4 percent of the amount
appropriated for each fiscal year under section 307(f) may be used
to pay the administrative costs of carrying out this title.
''SEC. 309. REPORTS.
''(a) Initial Report. - Not later than 180 days after the date of
the enactment of this Act (June 20, 2000), the Secretary of Energy
and the Secretary of Agriculture shall jointly submit to Congress a
report that -
''(1) identifies the points of contact, the members of the
Board, and the members of the Advisory Committee;
''(2) describes the status of current biobased industrial
product research and development efforts in both the Federal
Government and private sector;
''(3) includes a section prepared by the Board that establishes
a set of criteria to assess the potential of biobased industrial
products, which shall include for both biomass production and
transformation into biobased industrial products -
''(A) an energy accounting;
''(B) an environmental impact assessment; and
''(C) an economic assessment; and
''(4) describes the research and development goals of the
Initiative, including how funds will be allocated in order to
accomplish those goals.
''(b) Annual Reports. - For each fiscal year for which funds are
made available to carry out this title, the Secretary of Energy and
the Secretary of Agriculture shall jointly submit to Congress a
detailed report on -
''(1) the status and progress of the Initiative, including a
report from the Advisory Committee on whether funds appropriated
for the Initiative have been distributed and used in a manner
that -
''(A) is consistent with the purposes described in section
307(b);
''(B) uses the set of criteria established under subsection
(a)(3); and
''(C) takes into account any recommendations that have been
made by the Advisory Committee;
''(2) the general status of cooperation and research and
development efforts carried out at each agency with respect to
biobased industrial products, including a report from the
Advisory Committee on whether the points of contact are funding
proposals that are selected under section 307(c)(2)(C); and
''(3) the plans of the Secretary of Energy and the Secretary of
Agriculture for addressing concerns raised in the report,
including concerns raised by the Advisory Committee.
''SEC. 310. FUNDING.
''(a) Funding. - Of funds of the Commodity Credit Corporation,
the Secretary shall make available to carry out this title -
''(1) $5,000,000 for fiscal year 2002; and
''(2) $14,000,000 for each of fiscal years 2003 through 2007;
to remain available until expended.
''(b) Authorization of Appropriations. - In addition to amounts
transferred under subsection (a), there are authorized to be
appropriated to carry out this title $49,000,000 for each of fiscal
years 2002 through 2007.
''SEC. 311. TERMINATION OF AUTHORITY.
''The authority provided under this title shall terminate on
September 30, 2007.''
-EXEC-
EX. ORD. NO. 13134. DEVELOPING AND PROMOTING BIOBASED PRODUCTS AND
Ex. Ord. No. 13134, Aug. 12, 1999, 64 F.R. 44639, as amended by
Ex. Ord. No. 13225, Sec. 3(a), Sept. 28, 2001, 66 F.R. 50291,
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the Federal
Advisory Committee Act, as amended (5 U.S.C. App.), and in order to
stimulate the creation and early adoption of technologies needed to
make biobased products and bioenergy cost-competitive in large
national and international markets, it is hereby ordered as
Section 1. Policy. Current biobased product and bioenergy
technology has the potential to make renewable farm and forestry
resources major sources of affordable electricity, fuel, chemicals,
pharmaceuticals, and other materials. Technical advances in these
areas can create an expanding array of exciting new business and
employment opportunities for farmers, foresters, ranchers, and
other businesses in rural America. These technologies can create
new markets for farm and forest waste products, new economic
opportunities for underused land, and new value-added business
opportunities. They also have the potential to reduce our Nation's
dependence on foreign oil, improve air quality, water quality, and
flood control, decrease erosion, and help minimize net production
of greenhouse gases. It is the policy of this Administration,
therefore, to develop a comprehensive national strategy, including
research, development, and private sector incentives, to stimulate
the creation and early adoption of technologies needed to make
biobased products and bioenergy cost-competitive in large national
and international markets.
Sec. 2. Establishment of the Interagency Council on Biobased
Products and Bioenergy. (a) There is established the Interagency
Council on Biobased Products and Bioenergy (the ''Council''). The
Council shall be composed of the Secretaries of Agriculture,
Commerce, Energy, and the Interior, the Administrator of the
Environmental Protection Agency, the Director of the Office of
Management and Budget, the Assistant to the President for Science
and Technology, the Director of the National Science Foundation,
the Federal Environmental Executive, and the heads of other
relevant agencies as may be determined by the Co-Chairs of the
Council. Members may serve on the Council through designees.
Designees shall be senior officials who report directly to the
agency head (Assistant Secretary or equivalent).
(b) The Secretary of Agriculture and the Secretary of Energy
shall serve as Co-Chairs of the Council.
(c) The Council shall prepare annually a strategic plan for the
President outlining overall national goals in the development and
use of biobased products and bioenergy in an environmentally sound
manner and how these goals can best be achieved through Federal
programs and integrated planning. The goals shall include
promoting national economic growth with specific attention to rural
economic interests, energy security, and environmental
sustainability and protection. These strategic plans shall be
compatible with the national goal of producing safe and affordable
supplies of food, feed, and fiber in a way that is sustainable and
protects the environment, and shall include measurable objectives.
Specifically, these strategic plans shall cover the following
(1) biobased products, including commercial and industrial
chemicals, pharmaceuticals, products with large carbon
sequestering capacity, and other materials; and
(2) biomass used in the production of energy (electricity;
liquid, solid, and gaseous fuels; and heat).
(d) To ensure that the United States takes full advantage of the
potential economic and environmental benefits of bioenergy, these
strategic plans shall be based on analyses of: (1) the economic
impacts of expanded biomass production and use; and (2) the impacts
on national environmental objectives, including reducing greenhouse
gas emissions. Specifically, these plans shall include:
(1) a description of priorities for research, development,
demonstration, and other investments in biobased products and
bioenergy;
(2) a coordinated Federal program of research, building on the
research budgets of each participating agency; and
(3) proposals for using existing agency authorities to
encourage the adoption and use of biobased products and bioenergy
and recommended legislation for modifying these authorities or
creating new authorities if needed.
(e) The first annual strategic plan shall be submitted to the
President within 8 months from the date of this order.
(f) The Council shall coordinate its activities with actions
called for in all relevant Executive orders and shall not be in
conflict with proposals advocated by other Executive orders.
(Secs. 3 and 4. Revoked by Ex. Ord. No. 13225, Sec. 3(a), Sept.
28, 2001, 66 F.R. 50291.)
Sec. 5. Duties of the Departments of Agriculture and Energy. The
Secretaries of the Departments of Agriculture and Energy, to the
extent permitted by law and subject to the availability of
appropriations, shall each establish a working group on biobased
products and biobased activities in their respective Departments.
Consistent with the Federal biobased products and bioenergy
strategic plans described in sections 2(c) and (d) of this order,
the working groups shall:
(1) provide strategic planning and policy advice on the
Department's research, development, and commercialization of
biobased products and bioenergy; and
(2) identify research activities and demonstration projects to
address new opportunities in the areas of biomass production,
biobased product and bioenergy production, and related
fundamental research.
The chair of each Department's working group shall be a senior
official who reports directly to the agency head. If the Secretary
of Agriculture or Energy serves on the Interagency Council on
Biobased Products and Bioenergy through a designee, the designee
should be the chair of the Department's working group.
Sec. 6. Establishment of a National Biobased Products and
Bioenergy Coordination Office. Within 120 days of this order, the
Secretaries of Agriculture and Energy shall establish a joint
National Biobased Products and Bioenergy Coordination Office
(''Office'') to ensure effective day-to-day coordination of actions
designed to implement the strategic plans and guidance provided by
the Council and respond to recommendations made by the Committee.
All agencies represented on the Council, or that have capabilities
and missions related to the work of the Council, shall be invited
to participate in the operation of the Office. The Office shall:
(a) serve as an executive secretariat and support the work of the
Council, as determined by the Council, including the coordination
of multi-agency, integrated research, development, and
demonstration (''RD&D'') activities;
(b) use advanced communication and computational tools to
facilitate research coordination and collaborative research by
participating Federal and nonfederal research facilities and to
perform activities in support of RD&D on biobased product and
bioenergy development, including strategic planning, program
analysis and evaluation, communications networking, information and
data dissemination and technology transfer, and collaborative team
building for RD&D projects; and
(c) facilitate use of new information technologies for rapid
dissemination of information on biobased products and bioenergy to
and among farm operators; agribusiness, chemical, forest products,
energy, and other business sectors; the university community; and
public interest groups that could benefit from timely and reliable
Sec. 7. Definitions. For the purposes of this order: (a) The term
''biomass'' means any organic matter that is available on a
renewable or recurring basis (excluding old-growth timber),
including dedicated energy crops and trees, agricultural food and
feed crop residues, aquatic plants, wood and wood residues, animal
wastes, and other waste materials.
(b) The term ''biobased product,'' as defined in Executive Order
13101 (42 U.S.C. 6961 note), means a commercial or industrial
product (other than food or feed) that utilizes biological products
or renewable domestic agricultural (plant, animal, and marine) or
(c) The term ''bioenergy'' means biomass used in the production
of energy (electricity; liquid, solid, and gaseous fuels; and
heat).
(d) The term ''old growth timber'' means timber of a forest from
the late successional stage of forest development. The forest
contains live and dead trees of various sizes, species,
composition, and age class structure. The age and structure of old
growth varies significantly by forest type and from one
biogeoclimatic zone to another.
Sec. 8. Judicial Review. This order does not create any
enforceable rights against the Unites States, its agencies, its
officers, or any person.
Sec. 8102. Federal procurement of biobased products
(a) Application of section
Except as provided in subsection (c) of this section, each
Federal agency shall comply with the requirements set forth in this
section and any regulations issued under this section, with respect
to any purchase or acquisition of a procurement item where the
purchase price of the item exceeds $10,000 or where the quantity of
such items or of functionally equivalent items purchased or
acquired in the course of the preceding fiscal year was $10,000 or
(b) Procurement subject to other law
Any procurement, by any Federal agency, which is subject to
regulations of the Administrator under section 6962 of title 42,
shall not be subject to the requirements of this section to the
extent that such requirements are inconsistent with such
(c) Procurement preference
(1) Except as provided in paragraph (2), after the date specified
in applicable guidelines prepared pursuant to subsection (e) of
this section, each Federal agency which procures any items
designated in such guidelines shall, in making procurement
decisions, give preference to such items composed of the highest
percentage of biobased products practicable, consistent with
maintaining a satisfactory level of competition, considering such
guidelines.
(2) Agency flexibility. - Notwithstanding paragraph (1), an
agency may decide not to procure such items if the agency
determines that the items -
(A) are not reasonably available within a reasonable period of
time;
(B) fail to meet the performance standards set forth in the
applicable specifications or fail to meet the reasonable
performance standards of the procuring agencies; or
(C) are available only at an unreasonable price.
(3) After the date specified in any applicable guidelines
prepared pursuant to subsection (e) of this section, contracting
offices shall require that, with respect to biobased products,
vendors certify that the biobased products to be used in the
performance of the contract will comply with the applicable
specifications or other contractual requirements.
(d) Specifications
All Federal agencies that have the responsibility for drafting or
reviewing specifications for procurement items procured by Federal
agencies shall, within one year after the date of publication of
applicable guidelines under subsection (e) of this section, or as
otherwise specified in such guidelines, assure that such
specifications require the use of biobased products consistent with
the requirements of this section.
(e) Guidelines
The Secretary, after consultation with the Administrator, the
Administrator of General Services, and the Secretary of Commerce
(acting through the Director of the National Institute of
Standards and Technology), shall prepare, and from time to time
revise, guidelines for the use of procuring agencies in complying
with the requirements of this section. Such guidelines shall -
(A) designate those items which are or can be produced with
biobased products and whose procurement by procuring agencies
will carry out the objectives of this section;
(B) set forth recommended practices with respect to the
procurement of biobased products and items containing such
materials and with respect to certification by vendors of the
percentage of biobased products used; and
(C) provide information as to the availability, relative
price, performance, and environmental and public health
benefits, of such materials and items and where appropriate
shall recommend the level of biobased material to be contained
in the procured product.
(2) Considerations
In making the designation under paragraph (1)(A), the Secretary
shall, at a minimum, consider -
(A) the availability of such items; and
(B) the economic and technological feasibility of using such
items, including life cycle costs.
(3) Final guidelines
The Secretary shall prepare final guidelines under this section
within 180 days after May 13, 2002.
(f) Office of Federal Procurement Policy
The Office of Federal Procurement Policy, in cooperation with the
Secretary, shall implement the requirements of this section. It
shall be the responsibility of the Office of Federal Procurement
Policy to coordinate this policy with other policies for Federal
procurement to implement the requirements of this section, and,
every two years beginning in 2003, to report to the Congress on
actions taken by Federal agencies and the progress made in the
implementation of this section, including agency compliance with
subsection (d) of this section.
(g) Procurement program
(1) Within one year after the date of publication of applicable
guidelines under subsection (e) of this section, each Federal
agency shall develop a procurement program which will assure that
items composed of biobased products will be purchased to the
maximum extent practicable and which is consistent with applicable
provisions of Federal procurement law.
(2) Each procurement program required under this subsection
shall, at a minimum, contain -
(A) a biobased products preference program;
(B) an agency promotion program to promote the preference
program adopted under subparagraph (A); and
(C) annual review and monitoring of the effectiveness of an
agency's procurement program.
(3) In developing the preference program, the following options
shall be considered for adoption:
(A) Case-by-case policy development. - Subject to the
limitations of subsection (c)(2)(A) through (C) of this section,
a policy of awarding contracts to the vendor offering an item
composed of the highest percentage of biobased products
practicable. Subject to such limitations, agencies may make an
award to a vendor offering items with less than the maximum
biobased products content.
(B) Minimum content standards. - Minimum biobased products
content specifications which are set in such a way as to assure
that the biobased products content required is consistent with
the requirements of this section, without violating the
limitations of subsection (c)(2) (A) through (C) of this section.
Federal agencies shall adopt one of the options set forth in
subparagraphs (A) and (B) or a substantially equivalent
alternative, for inclusion in the procurement program.
(h) Labeling
The Secretary, in consultation with the Administrator, shall
establish a voluntary program under which the Secretary
authorizes producers of biobased products to use the label
''U.S.D.A. Certified Biobased Product''.
(2) Eligibility criteria
Within one year after May 13, 2002, the Secretary, in
consultation with the Administrator, shall issue criteria for
determining which products may qualify to receive the label under
paragraph (1). The criteria shall encourage the purchase of
products with the maximum biobased content, and should, to the
maximum extent possible, be consistent with the guidelines issued
under subsection (e) of this section.
(3) Use of the label
The Secretary shall ensure that the label referred to in
paragraph (1) is used only on products that meet the criteria
issued pursuant to paragraph (2).
(4) Recognition
The Secretary shall establish a voluntary program to recognize
Federal agencies and private entities that use a substantial
amount of biobased products.
(i) Limitation
Nothing in this section shall apply to the procurement of motor
vehicle fuels or electricity.
(j) Funding
(1) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out this section.
(2) Funding for testing of biobased products
Of the funds of the Commodity Credit Corporation, the
Secretary shall use $1,000,000 for each of fiscal years 2002
through 2007 to support testing of biobased products to carry
out this section.
(B) Use of funds
Amounts made available under subparagraph (A) may be used to
support contracts or cooperative agreements with entities that
have experience and special skills to conduct such testing.
(C) Priority
At the discretion of the Secretary, the Secretary may give
priority to the testing of products for which private sector
firms provide cost sharing for the testing.
Sec. 8103. Biorefinery development grants
(a) Purpose
The purpose of this section is to assist in the development of
new and emerging technologies for the use of biomass, including
lignocellulosic biomass, so as to -
(1) develop transportation and other fuels, chemicals, and
energy from renewable sources;
(2) increase the energy independence of the United States;
(3) provide beneficial effects on conservation, public health,
and the environment;
(4) diversify markets for raw agricultural and forestry
products; and
(5) create jobs and enhance the economic development of the
rural economy.
(b) Definitions
(1) Advisory Committee
The term ''Advisory Committee'' means the Biomass Research and
Development Technical Advisory Committee established by section
306 of the Biomass Research and Development Act of 2000 (7 U.S.C.
8101 note) (Public Law 106-224).
(2) Biorefinery
The term ''biorefinery'' means equipment and processes that -
(A) convert biomass into fuels and chemicals; and
(B) may produce electricity.
(3) Board
The term ''Board'' means the Biomass Research and Development
Board established by section 305 of the Biomass Research and
Development Act of 2000 (7 U.S.C. 8101 note) (Public Law
(4) Indian tribe
The term ''Indian tribe'' has the meaning given the term in
section 450b of title 25.
(c) Grants
The Secretary shall award grants to eligible entities to assist
in paying the cost of development and construction of biorefineries
to carry out projects to demonstrate the commercial viability of 1
or more processes for converting biomass to fuels or chemicals.
(d) Eligible entities
An individual, corporation, farm cooperative, association of
farmers, national laboratory, institution of higher education (as
defined in section 1001 of title 20), State or local energy agency
or office, Indian tribe, or consortium comprised of any of those
entities shall be eligible to receive a grant under subsection (c)
of this section.
(e) Competitive basis for awards
The Secretary shall award grants under subsection (c) of this
section on a competitive basis after consulting the Board and
(2) Selection criteria
In selecting projects to receive grants under subsection (c)
of this section, the Secretary -
(i) shall select projects based on the likelihood that the
projects will demonstrate the commercial viability of a new
and emerging process for converting biomass into fuels,
chemicals, or energy; and
(ii) may consider the likelihood that the projects will
produce electricity.
(B) Factors
The factors to be considered under subparagraph (A) may
include -
(i) the potential market for the product or products;
(ii) the level of financial participation by the
applicants;
(iii) the availability of adequate funding from other
(iv) the beneficial impact on resource conservation, public
health, and the environment;
(v) the participation of producer associations and
cooperatives;
(vi) the timeframe in which the project will be
operational;
(vii) the potential for rural economic development;
(viii) the participation of multiple eligible entities; and
(ix) the potential for developing advanced industrial
biotechnology approaches.
(f) Cost sharing
The amount of a grant for a project awarded under subsection
(c) of this section shall not exceed 30 percent of the cost of
the project.
(2) Form of grantee share
The grantee share of the cost of a project may be made in the
form of cash or the provision of services, material, or other
in-kind contributions.
(B) Limitation
The amount of the grantee share of the cost of a project that
is made in the form of the provision of services, material, or
other in-kind contributions shall not exceed 25 percent of the
amount of the grantee share determined under paragraph (1).
(g) Consultation
In carrying out this section, the Secretary shall consult with
the Secretary of Energy.
(h) Authorization of appropriations
There are authorized to be appropriated such sums as are
necessary to carry out this section for each of fiscal years 2002
through 2007.
Sec. 8104. Biodiesel fuel education program
(a) Establishment
The Secretary shall, under such terms and conditions as are
appropriate, make competitive grants to eligible entities to
educate governmental and private entities that operate vehicle
fleets, other interested entities (as determined by the Secretary),
and the public about the benefits of biodiesel fuel use.
(b) Eligible entities
To receive a grant under subsection (a) of this section, an
entity -
(1) shall be a nonprofit organization or institution of higher
education (as defined in section 1001 of title 20);
(2) shall have demonstrated knowledge of biodiesel fuel
production, use, or distribution; and
(3) shall have demonstrated the ability to conduct educational
and technical support programs.
(c) Consultation
(d) Funding
Of the funds of the Commodity Credit Corporation, the Secretary
shall make available to carry out this section $1,000,000 for each
of fiscal years 2003 through 2007.
Sec. 8105. Energy audit and renewable energy development program
The Secretary shall make competitive grants to eligible entities
to carry out a program to assist farmers, ranchers, and rural small
businesses in becoming more energy efficient and in using renewable
energy technology and resources.
Entities eligible to carry out a program under subsection (a) of
this section are -
(1) a State energy or agricultural office;
(2) a regional or State-based energy organization or energy
organization of an Indian tribe (as defined in section 450b of
title 25);
(3) a land-grant college or university (as defined in section
3103 of this title) or other institution of higher education (as
defined in section 1001 of title 20);
(4) a rural electric cooperative or utility;
(5) a nonprofit organization; and
(6) any other entity, as determined by the Secretary.
(c) Merit review
(1) Merit review process
The Secretary shall establish a merit review process to review
applications for grants under subsection (a) of this section that
uses the expertise of other Federal agencies, industry, and
nongovernmental organizations.
In reviewing applications of eligible entities to receive
grants under subsection (a) of this section, the Secretary shall
consider -
(A) the ability and expertise of the eligible entity in
providing professional energy audits and renewable energy
assessments;
(B) the geographic scope of the program proposed by the
eligible entity;
(C) the number of farmers, ranchers, and rural small
businesses to be assisted by the program;
(D) the potential for energy savings and environmental and
public health benefits resulting from the program; and
(E) the plan of the eligible entity for educating farmers,
ranchers, and rural small businesses on the benefits of energy
efficiency and renewable energy development.
(d) Use of grant funds
(1) Required uses
A recipient of a grant under subsection (a) of this section
shall use the grant funds to conduct and promote energy audits
for farmers, ranchers, and rural small businesses to provide
farmers, ranchers, and rural small businesses recommendations on
how to improve energy efficiency and use renewable energy
technology and resources.
(2) Permitted uses
In addition to the uses described in paragraph (1), a recipient
of a grant may use the grant funds to make farmers, ranchers, and
rural small businesses aware of, and ensure that they have access
to -
(A) financial assistance under section 8106 of this title;
(B) other Federal, State, and local financial assistance
programs for which farmers, ranchers, and rural small
businesses may be eligible.
(e) Cost sharing
A recipient of a grant under subsection (a) of this section that
conducts an energy audit for a farmer, rancher, or rural small
business under subsection (d)(1) of this section shall require
that, as a condition of the energy audit, the farmer, rancher, or
rural small business pay at least 25 percent of the cost of the
(f) Use of cost-share funds
Funds collected by a recipient of a grant under subsection (e) of
this section as a result of activities carried out using the grant
funds shall be used to conduct activities authorized under this
section, as approved by the Secretary.
(h) Reports
Not later than 4 years after May 13, 2002, the Secretary shall
submit to Congress a report on the implementation of this section.
(i) Authorization of appropriations
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 8106 of this title.
Sec. 8106. Renewable energy systems and energy efficiency
In addition to exercising authority to make loans and loan
guarantees under other law, the Secretary shall make loans, loan
guarantees, and grants to farmers, ranchers, and rural small
businesses to -
(1) purchase renewable energy systems; and
(2) make energy efficiency improvements.
(b) Eligibility
To be eligible to receive a grant under subsection (a) of this
section, a farmer, rancher, or rural small business shall
demonstrate financial need as determined by the Secretary.
(c) Cost sharing
(A) Grants
The amount of a grant shall not exceed 25 percent of the cost
of the activity funded under subsection (a) of this section.
(B) Maximum amount of combined grant and loan
The combined amount of a grant and loan made or guaranteed
shall not exceed 50 percent of the cost of the activity funded
under subsection (a) of this section.
(2) Factors
In determining the amount of a grant or loan, the Secretary
shall take into consideration, as applicable -
(A) the type of renewable energy system to be purchased;
(B) the estimated quantity of energy to be generated by the
renewable energy system;
(C) the expected environmental benefits of the renewable
energy system;
(D) the extent to which the renewable energy system will be
replicable;
(E) the amount of energy savings expected to be derived from
the activity, as demonstrated by an energy audit comparable to
an energy audit under section 8105 of this title;
(F) the estimated length of time it would take for the energy
savings generated by the activity to equal the cost of the
activity; and
(G) other factors as appropriate.
(d) Interest rate
A loan made by the Secretary under subsection (a) of this
section shall bear interest at the rate equivalent to the rate of
interest charged on Treasury securities of comparable maturity on
the date the loan is approved.
(2) Duration
The interest rate for each loan will remain in effect for the
term of the loan.
(e) Consultation
(f) Funding
shall make available to carry out this section $23,000,000 for each
Sec. 8107. Hydrogen and fuel cell technologies
The Secretary and the Secretary of Energy shall enter into a
memorandum of understanding under which the Secretary and the
Secretary of Energy shall cooperate in the application of hydrogen
and fuel cell technology programs for rural communities and
agricultural producers.
(b) Dissemination of information
Under the memorandum of understanding, the Secretary shall work
with the Secretary of Energy to disseminate information to rural
communities and agricultural producers on potential applications of
hydrogen and fuel cell technologies.
Sec. 8108. Continuation of bioenergy program
(a) Definitions
(1) Bioenergy
The term ''bioenergy'' means -
(A) biodiesel; and
(B) fuel grade ethanol.
(2) Biodiesel
The term ''biodiesel'' means a monoalkyl ester that meets the
requirements of an appropriate American Society for Testing and
Materials standard.
(3) Eligible commodity
The term ''eligible commodity'' means -
(A) wheat, corn, grain sorghum, barley, oats, rice, soybeans,
sunflower seed, rapeseed, canola, safflower, flaxseed, mustard,
crambe, sesame seed, and cottonseed;
(B) a cellulosic commodity (such as hybrid poplar and switch
grass);
(C) fats, oils, and greases (including recycled fats, oils,
and greases) derived from an agricultural product; and
(D) any animal byproduct (in addition to oils, fats, and
greases) that may be used to produce bioenergy, as determined
by the Secretary.
(4) Eligible producer
The term ''eligible producer'' means a producer that uses an
eligible commodity to produce bioenergy.
(b) Bioenergy Program
(1) Continuation
The Secretary shall continue the program under part 1424 of
title 7, Code of Federal Regulations (or any successor
regulation), under which the Secretary makes payments to eligible
producers to encourage increased purchases of eligible
commodities for the purpose of expanding production of such
bioenergy and supporting new production capacity for such
bioenergy.
(2) Contracts
To be eligible to receive a payment, an eligible producer shall
(A) enter into a contract with the Secretary to increase
bioenergy production for 1 or more fiscal years; and
(B) submit to the Secretary such records as the Secretary may
require as evidence of increased purchase and use of eligible
commodities for the production of bioenergy.
(3) Payment
Under the program, the Secretary shall make payments to
eligible producers, based on the quantity of bioenergy produced
by the eligible producer during a fiscal year that exceeds the
quantity of bioenergy produced by the eligible producer during
the preceding fiscal year.
(B) Payment rate
(i) Producers of less than 65,000,000 gallons
An eligible producer that produces less than 65,000,000
gallons of bioenergy shall be reimbursed 1 feedstock unit for
every 2.5 feedstock units of eligible commodity used for
increased production.
(ii) Producers of 65,000,000 or more gallons
An eligible producer that produces 65,000,000 or more
(C) Quarterly payments
The Secretary shall make payments to an eligible producer for
each quarter of the fiscal year.
(4) Proration
If the amount made available for a fiscal year under subsection
(c) of this section is insufficient to allow the payment of the
amount of the payments that eligible producers (that apply for
the payments) otherwise would receive under this subsection, the
Secretary shall prorate the amount of the funds among all such
eligible producers.
(5) Overpayments
If the total amount of payments that an eligible producer
receives for a fiscal year under this section exceeds the amount
that the eligible producer should have received under this
subsection, the eligible producer shall repay the amount of the
overpayment to the Secretary, with interest (as determined by the
Secretary).
(6) Limitation
No eligible producer shall receive more than 5 percent of the
total amount made available under subsection (c) of this section
for a fiscal year.
(7) Other requirements
To be eligible to receive a payment under this subsection, an
eligible producer shall meet other requirements of Federal law
(including regulations) applicable to the production of
(c) Funding
shall use to carry out this section -
(1) not more than $150,000,000 for each of fiscal years 2003
through 2006; and
(2) $0 for fiscal year 2007.
Enviado por: El remitente no desea revelar su nombre
Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # Agriculture