American Farm Improvement Act of 2007 - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to establish the Farmland Stewardship Process whose purposes shall be to: (1) enable conservation programs to be responsive to local and site-specific conditions; (2) reduce administrative procedures and costs; and (3) coordinate multiple conservation programs and develop a delivery mechanism which can be applied to individual owners, operators, or producers. Sets forth program provisions.
Directs the Secretary to: (1) enter into stewardship conservation agreements with owners, operators, and producers; and (2) make rural land stewardship implementation grants (from funds available for the farmland protection program).
Amends the Energy Policy Act of 2005, the Biomass Research and Development Act of 2000, the Clean Air Act, the Farm Security and Rural Investment Act of 2002, and Executive Order 13134 to harmonize specified definitions, including "biomass," "renewable biomass," "cellulosic biomass," and "cellulosic feedstock."
Amends the Consolidated Farm and Rural Development Act to authorize the Secretary to: (1) guarantee loans made by private institutions for construction of facilities to process and convert cellulosic biomass materials directly into alcohol-based fuels, bio-fuels, or other commercial products; and (2) make grants, loans, and loan guarantees to farm owners and tenants for the purchase and installation of equipment and the construction of facilities for processing animal wastes and byproducts into liquid fuel, energy, and other commercial products.
Amends the Biomass Research and Development Act of 2000 to include the production of crops grown for cellulosic feedstock and biomass (energy crops) in the biomass research and development initiative.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2656 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2656
To enhance the ongoing profitability and viability of America's farms,
forests, and ranches by making conservation activities more cost-
effective and efficient, by creating new revenue opportunities through
biofuels, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2007
Mr. Mahoney of Florida (for himself and Mr. Putnam) introduced the
following bill; which was referred to the Committee on Agriculture, and
in addition to the Committees on Energy and Commerce and Science and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enhance the ongoing profitability and viability of America's farms,
forests, and ranches by making conservation activities more cost-
effective and efficient, by creating new revenue opportunities through
biofuels, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Farm
Improvement Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CONSERVATION
Sec. 101. Farmland stewardship process.
Sec. 102. Expansion of farmland protection tools and opportunities.
TITLE II--RENEWABLE ENERGY
Sec. 201. Consistent definitions of ``biomass'', ``renewable biomass'',
``cellulosic biomass'', ``cellulosic
biomass ethanol'', ``cellulosic
feedstock'', and ``lignocellulosic
feedstock'' throughout the laws of the
United States.
Sec. 202. Cellulosic biofuel and emerging technology loan guarantee
program.
Sec. 203. Animal waste environmental protection and bioenergy
production grants and loans.
Sec. 204. Biomass feedstock commercialization initiative.
TITLE I--CONSERVATION
SEC. 101. FARMLAND STEWARDSHIP PROCESS.
(a) Partnerships and Cooperation.--Section 1243(f) of the Food
Security Act of 1985 (16 U.S.C. 3843(f)) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) In general.--The Secretary shall use resources
provided under subtitle D to enter into stewardship agreements
with owners, operators and producers, as described under
section 1240Q, and to designate special projects, as
recommended by the State Conservationist, after consultation
with the State technical committee, to enhance technical and
financial assistance provided to owners, operators, and
producers to address natural resource issues related to
agricultural production.'';
(2) by striking paragraph (3) and inserting the following
new paragraph:
``(3) Incentives.--To realize the purposes of the special
projects under paragraph (1), and consistent with section
1240Q, the Secretary shall provide special incentives to
owners, operators, and producers participating in the special
projects to encourage partnerships and enrollments of optimal
conservation value.'';
(3) in paragraph (4)(A), by striking ``may'' and inserting
``shall'' and by inserting ``in cooperation'' after
``stewardship agreement''; and
(4) in paragraph (4)(B), by striking ``Each party to'' and
inserting ``The designated State agency responsible for'' and
by striking ``by the party'' and inserting ``under a
stewardship agreement''.
(b) Establishment and Purposes of the Farmland Stewardship
Process.--Subtitle D of title XII of the Food Security Act of 1985 is
amended by inserting after section 1240P (16 U.S.C. 3839bb-3) the
following new section:
``SEC. 1240Q. ESTABLISHMENT AND PURPOSES OF THE FARMLAND STEWARDSHIP
PROCESS.
``(a) In General.--The Secretary shall establish within the
Department a process to be known as the `Farmland Stewardship Process'.
``(b) Purposes.--The purposes of this process shall be to--
``(1) ensure adequate flexibility to enable conservation
programs administered by the Secretary to be responsive to
local conditions and tailored to the site-specific needs of,
and opportunities presented by, individual parcels of eligible
agricultural land;
``(2) reduce administrative procedures and costs, provide
simplified conservation and expand conservation opportunities
by allowing owners, operators and producers to carry out
multiple conservation activities through one application and
one contract;
``(3) provide a means through which the conservation
objectives of multiple programs, administered by multiple
agencies at multiple levels of government can be more easily
coordinated and applied to individual parcels of property; and
``(4) maximize the effectiveness of existing programs by
providing a mechanism through which conservation objectives and
practices that are needed to supplement, complement or optimize
one or more existing programs can be incorporated into a
contract with an owner, operator or producer.
``(c) Relation to Other Conservation Programs.--Under this process,
the Secretary may implement, or combine together, the features of--
``(1) any conservation program administered by the
Secretary; or
``(2) Any conservation program administered by another
Federal agency or a State or local government, if
implementation by the Secretary--
``(A) is feasible; and
``(B) is carried out with the consent of the
applicable administering agency or government.
``(d) Funding.--
``(1) In general.--This process and the stewardship
agreements created by this process shall be funded by the
Secretary using--
``(A) the funding authorities of the conservation
programs that are implemented through the use of
stewardship agreements;
``(B) technical assistance in accordance with
section 1243(d);
``(C) funds from the Commodity Credit Corporation
as provided in paragraph (3) of this subsection; and
``(D) such other sums as may be appropriated from
time to time to carry out the Farmland Stewardship
Process.
``(2) Cost sharing.--It shall be a requirement of the
Farmland Stewardship Process that funds that come from Federal
conservation programs that are combined into and made a part of
a stewardship agreement must be matched equally with funding or
cost share contributions that may be made by State, regional,
or local agencies and divisions of government or from private
funding sources. Funds from existing programs shall be used to
carry out the purposes of those programs that are made a part
of a stewardship agreement. Funding for other purposes must
come from the funds provided under subparagraphs (B), (C), and
(D) of paragraph (1), paragraph (3), or from the funding
contributions made by State, regional, or local agencies and
divisions of government or from private funding sources.
``(3) Establishment and operation.--Of the funds of the
Commodity Credit Corporation the Secretary shall use
$200,000,000 for each of the fiscal years 2008 through 2012 to
establish the Farmland Stewardship Process and to operate it
through the `designated state agency' selected by each State's
governor, as provided in subsection (e).
``(4) Carryover of funds.--The funds provided in paragraph
(3) shall remain available until expended.
``(e) Personnel Costs.--The Secretary shall use the Natural
Resources Conservation Service to carry out the Farmland Stewardship
Process in cooperation with the State department of agriculture or
other designated agency within the State. The role of the Natural
Resources Conservation Service shall be limited to federal oversight of
the process. The Natural Resources Conservation Service shall perform
its normal functions with respect to the conservation programs that it
administers. However, it shall play no role in the assembly of programs
administered by other federal agencies into stewardship agreements.
``(f) State Level Administration.--The governor of each state shall
determine which state agency shall have primary responsibility for
operating the Farmland Stewardship Process. The governor shall give
first preference to the state department of agriculture in selecting an
agency for operation of the process. A State department of agriculture,
or other agency designated by the governor, may choose to operate the
process on its own, or may collaborate with another local, State or
Federal agency, conservation district or tribe. The designated State
agency shall consult with the agencies with management authority and
responsibility for the resources affected on properties on which
stewardship agreements are negotiated and assembled.
``(g) Agreements Authorized.--The Secretary shall carry out the
Farmland Stewardship Process by entering into service contracts as
determined by the Secretary, to be known as stewardship agreements,
with owners, operators and producers to maintain and protect the
natural and agricultural resources on the land.
``(h) Definition.--The term `service contract' means a legally
binding agreement between 2 parties under which--
``(1) one party agrees to render one or more services in
accordance with the terms of the contract; and
``(2) the second party agrees to pay the first party for
each service rendered.
``(i) Funding Participation.--Any agency participating in the
Farmland Stewardship Process that has the authority to enter into
service contracts and to expend public funds under such contracts may
enter into or participate in the funding of a stewardship agreement.
``(j) No Income Limitations.--To avoid conflicts and ensure that
all the purposes and intents of stewardship agreements can be carried
out, all owners, operators and producers who enter into or participate
in a stewardship agreement shall be exempt from the limitations in
section 1001D(b)(2)(C) of this Act (7 U.S.C. 1308-3a(b)(2)(C)).
``(k) Adjustments in Conservation Program Elements To Respond to
Local Conditions.--(1) The Secretary shall consider requests from a
State Conservationist of the Natural Resources Conservation Service, a
state Executive Director of the Farm Services Agency, a designated
state agency, or a contracting agency authorized by the Secretary to
enter into and administer stewardship agreements to make limited
adjustments on a case-by-case basis to the eligibility criteria,
approved practices, requirements, and other elements of the
conservation programs combined into a stewardship agreement.
Adjustments may be made to ensure that--
``(A) the conservation programs combined into a stewardship
agreement can be more easily implemented in the State;
``(B) all program elements are responsive to regional
differences and local conditions within the State;
``(C) no program requirement or criteria conflicts with or
works against the conservation priorities or needs of the
State; and
``(D) no program requirement or criteria prevents one or
more programs from being combined together through a
stewardship agreement.
``(2) Requests for adjustments shall be granted for one or more of
the following purposes:
``(A) To acknowledge, accommodate and respond to regional
differences and local conditions within the State.
``(B) To allow sufficient flexibility to enable a
conservation program to better adapt to the diverse situations
faced by owners and operators within the state, and adapt to
the farming practices of the State.
``(C) To allow sufficient flexibility to tailor a
conservation program to the specific needs, opportunities and
challenges offered by individual parcels of land.
``(D) To modify administrative requirements that, in the
absence of such modification, may limit or prevent the use of a
program on eligible agricultural land.
``(E) To allow owners and operators to receive compensation
for maintaining previously implemented owner- or operator-
financed conservation practices and to receive credit for
incorporating these practices into new contracts.
``(F) To address the conservation priorities established by
the State or locality in which the eligible agricultural land
is located.
``(G) To modify administrative requirements that, in the
absence of such modification, may prevent one or more programs
from being combined together through a stewardship agreement.
``(3) Requests for adjustments also can be made that will
facilitate the coordination and administration of conservation programs
in the State, including--
``(A) establishing different enrollment criteria than
otherwise established by regulation or policy;
``(B) establishing different compensation rates to the
extent the parties to the agreement consider justified;
``(C) establishing different conservation practice criteria
if doing so will achieve greater conservation benefits;
``(D) providing more streamlined and integrated paperwork
requirements;
``(E) providing for the transfer of conservation program
funds to States with flexible incentives accounts; and
``(F) providing funds for an adaptive management process to
monitor the effectiveness of the program for the protection of
natural resources, economic effectiveness, and sustaining the
agricultural economy.
``(4) Adjustments may be made only if the purposes to be achieved
by the program after the adjustments are made remain consistent with
the purposes for which the program was established.
``(5) For a request for an adjustment to be considered, a State
conservationist, state executive director, designated State agency or
contracting agency must submit a request for an adjustment to the
appropriate Federal official. The official may request documentation in
addition to the documentation required by paragraph (6), or may suggest
alternative methods of making adjustments on the property in question,
prior to deciding whether or not to grant a request for an adjustment.
The response shall be provided within 180 days after receipt of the
request.
``(6) A request under paragraph (5) shall--
``(A) explain why a subject property, owner or operator or
activity qualifies for participation in the program;
``(B) explain the programmatic or conservation benefits
represented;
``(C) describe the requested resources and adjustments to
program implementation (including a description of how those
adjustments will accelerate the achievement of conservation
benefits);
``(D) describe the contribution those adjustments will make
to the effectiveness of programs in achieving their purposes,
in addressing state conservation priorities or needs, and in
responding to local conditions;
``(E) describe the non-Federal programs and resources that
will be available to contribute to the proposed project or
activity; and
``(F) request that the official grant the adjustment, based
on the documentation submitted.
``(l) Application and Approval Process.--To participate in the
Farmland Stewardship Process, an owner, operator or producer on
eligible agricultural land shall--
``(1) submit to the Secretary an application indicating
interest in the process and describing the owner's or operators
property, its resources, and their ecological and agricultural
values;
``(2) submit to the Secretary the purpose and objectives of
the proposed agreement and a list of services to be provided,
or a management plan to be implemented, or both;
``(3) if the application and list are accepted by the
Secretary, enter into an agreement that details the purpose and
objectives of the agreement and the services to be provided, or
management plan to be implemented, or both, and requires
compliance with the other terms of the agreement.
``(m) Primary Program.--In applying to participate in the Farmland
Stewardship Process, an applicant must designate one of the programs in
this subtitle, such as the conservation security program, environmental
quality incentives program, conservation reserve program, or the
farmland protection program, as the `primary program', upon which a
stewardship agreement will be based and around which conservation
practices will be negotiated and implemented.
``(n) Effective Use of Federal Resources.--The Secretary shall
ensure that Federal resources are equitably and effectively distributed
through the use of stewardship agreements by taking local conditions,
local farming practices and local costs of production into
consideration and by allocating resources based on--
``(1) the merits of the activities to be carried out;
``(2) the benefits to be derived from the practices to be
installed, the services to be provided, or the management plan
to be implemented under a stewardship agreement; and
``(3) the opportunities that exist to advance conservation
objectives in a watershed, region or priority area for a State.
``(o) Equitable Treatment of Producers.--The Secretary shall ensure
that all rules, criteria and definitions used to determine eligibility
for participation by owners, operators and producers in the
conservation, cost-share, incentive payment, marketing assistance,
grant and loan guarantee programs administered by the Secretary that
may be combined into a stewardship agreement are as inclusive as
possible and extend opportunities to participate to as many owners,
operators and producers as possible. In particular, the Secretary shall
ensure that--
``(1) all owners, operators and producers that maintain
land in agricultural uses, have bonafide agricultural
operations and consistently derive an ongoing and substantial
portion of their revenues from agriculture and agriculturally-
related enterprises shall be eligible to participate in the
programs administered by the Secretary that are combined into a
stewardship agreement;
``(2) no producer shall be prevented from participating in
these programs, nor be declared ineligible for participation
under the Department's Notice of Solicitation of Applications
(NOSA) definitions, if said producer is a publicly-held
company, nor if said producer should derive income and revenues
from an integrated agricultural operation, business activities
unrelated to agriculture or as a result of land sales that make
the revenues derived from agricultural production less than 50
percent of its earnings in any one year.
``(p) Increased Participation by Large Owners, Operators and
Producers.--The Secretary shall recognize that individuals, companies
and corporations that own and operate large land holdings that are
devoted primarily to agricultural uses can have a positive impact on
advancing the objectives of the Department's conservation programs. The
Secretary shall ensure that the criteria and procedures used for
determining eligibility and evaluating applications shall encourage
participation by individuals, companies and corporations, including
publicly held corporations, with large land holdings devoted primarily
to agricultural uses, particularly when their participation can make a
significant contribution toward effectively and comprehensively
addressing national, State, and local conservation priorities.''.
(c) Funding.--Subsection (a) of section 1241 of the Food Security
Act of 1985 (16 U.S.C. 3841) is amended by adding at the end the
following new paragraph:
``(8) The Farmland Stewardship Process under section 1240Q,
using, to the maximum extent practicable, $200,000,000 for each
of the fiscal years 2008 through 2012.''.
SEC. 102. EXPANSION OF FARMLAND PROTECTION TOOLS AND OPPORTUNITIES.
Subtitle D of title XII of the Food Security Act of 1985 is amended
by adding after section 1238J (16 U.S.C. 3838j) the following new
section:
``SEC. 1238K. RURAL LAND STEWARDSHIP IMPLEMENTATION GRANTS.
``(a) Grants.--The Secretary shall establish a process to make
rural land stewardship implementation grants of up to $500,000 per
county available from the funds appropriated to the Secretary to carry
out the Farmland Protection Program.
``(b) Purpose and Use.--The Secretary shall direct that these funds
are to be spent in assisting the existing easement process, but that,
notwithstanding any language to the contrary, special consideration
shall be provided to establishing one or more rural land stewardship
implementation programs in participating States by allowing these funds
to be used for rural community planning and for developing and
implementing comprehensive strategies for rural land preservation and
the ongoing continued viability of agriculture, not just for the
purchase of easements from individual owners, in order to define a
process that will allow future appropriations from the Farmland
Protection Program to be leveraged many times over to multiply their
intended impact.
``(c) Strategies; Model.--Rural community planning and the
development of comprehensive rural land stewardship strategies shall be
accomplished through a science based, stakeholder generated rural
planning framework that takes market forces into consideration and may
use as a model the procedures that have been developed and successfully
implemented in the State of Florida under chapter 163.3177(11)(d),
Florida Statutes.
``(d) Relation to Other Conservation Authorities.--Eligible
producers shall be required to specifically elect to pursue a rural
lands stewardship implementation grant in lieu of using the same amount
of funding for the purchase of easements from individual owners.
Eligible producers must state that they understand that the use of
farmland protection program funds for a rural lands stewardship
implementation grant--
``(1) shall not preclude any eligible producer within a
Rural Lands Stewardship Area from applying for and receiving
funds for the purchase of easements under the Farmland
Protection Program, but
``(2) will reduce the amount of funding available to the
State for the purchase of easements through the Farmland
Protection Program by an amount equal to the grant.''.
TITLE II--RENEWABLE ENERGY
SEC. 201. CONSISTENT DEFINITIONS OF ``BIOMASS'', ``RENEWABLE BIOMASS'',
``CELLULOSIC BIOMASS'', ``CELLULOSIC BIOMASS ETHANOL'',
``CELLULOSIC FEEDSTOCK'', AND ``LIGNOCELLULOSIC
FEEDSTOCK'' THROUGHOUT THE LAWS OF THE UNITED STATES.
(a) Energy Policy Act of 2005.--
(1) Subsection (a) of section 932 of the Energy Policy Act
of 2005 (Public Law 109-58) is amended by striking paragraphs
(1) and (2) and inserting:
``(1) Biomass.--The term `biomass' means--
``(A) any organic material that is available on a
renewable or recurring basis;
``(B) any organic material grown or collected for
the purpose of being converted to energy (including
aquatic plants);
``(C) any organic byproduct of agriculture and
forestry (including wastes from food production and
processing, used vegetable oil, mill residues, and
storm-, insect- and diseased-damaged crops and trees)
that can be converted into energy; or
``(D) any waste material that can be converted to
energy and is derived from:
``(i) vegetative waste material (including
wood waste and wood residues);
``(ii) invasive plants;
``(iii) fibers;
``(iv) animal waste and byproducts
(including fats, oils, greases, offal, methane
gas, and manure);
``(v) non-recyclable paper; and
``(vi) municipal solid waste (including
sludges and oils derived from wastewater and
the treatment of wastewater).
``(2) Lignocellulosic feedstock.--The terms
`lignocellulosic feedstock' and `cellulosic feedstock' mean any
portion of a plant or plant byproduct from conversion that is
available on a renewable or recurring basis, and is not grown
for food or feed, including the nonfood, non-feed portions of
crops, trees, forest residues, and agricultural residues, as
well as any part of a storm-, insect- or disease-damaged food,
feed or tree crop.''.
(2) Paragraph (2) of subsection (c) of section 932 of the
Energy Policy Act of 2005 (Public Law 109-58) is amended by
adding the words ``gasification and'' before the words
``enzymatic-based processing systems''.
(b) Biomass Research and Development Act of 2000.--Section 303 of
the Biomass Research and Development Act of 2000 (Public Law 106-224; 7
U.S.C. 8101 note) is amended by striking paragraph (4) and inserting
the following:
``(4) Biomass.--The term `biomass' means--
``(A) any organic material that is available on a
renewable or recurring basis;
``(B) any organic material grown or collected for
the purpose of being converted to energy (including
aquatic plants);
``(C) any organic byproduct of agriculture and
forestry (including wastes from food production and
processing, used vegetable oil, mill residues, and
storm-, insect- and diseased-damaged crops and trees)
that can be converted into energy; or
``(D) any waste material that can be converted to
energy.''.
(c) Clean Air Act.--
(1) So much of section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)) as precedes subparagraph (C) of paragraph (1)
is amended to read as follows:
``(o) Renewable Fuel Program.--
``(1) Definitions.--In this section:
``(A) Cellulosic biomass ethanol.--The term
`cellulosic biomass ethanol' means ethanol, or any
other alcohol- or oxygenate-based fuel and related co-
product derived directly from any lignocellulosic or
hemicellulosic matter that is available on a renewable
or recurring basis, and is not grown for food or feed,
including--
``(i) any plant material grown or collected
for the purpose of being converted to energy
(including aquatic plants);
``(ii) any organic byproduct or residue
from agriculture and forestry (including wastes
from food production and processing, used
vegetable oil, mill residues, and storm-,
insect- and diseased-damaged crops and trees)
that can be converted into energy; or
``(iii) Any waste material that can be
converted to energy and is derived from--
``(I) vegetative waste material
(including wood waste and wood
residues);
``(II) invasive plants;
``(III) fibers;
``(IV) animal waste and byproducts;
``(V) non-recyclable paper; and
``(VI) municipal solid waste.
``(B) Waste derived ethanol.--The term `waste
derived ethanol' means ethanol, or any other alcohol-
or oxygenate-based fuel and related co-product derived
from--
``(i) animal waste and byproducts,
including fats, oils, greases, offal, methane
gas, and manure;
``(ii) municipal solid waste, including
sludges and oils derived from wastewater and
the treatment of wastewater; or
``(iii) other waste materials.''.
(2) Section 211(r)(4)(B) of the Clean Air Act (42 U.S.C.
7545(r)) is amended to read as follows:
``(B) The term `renewable biomass' means any
organic material that is available on a renewable or
recurring basis.
``(i) Inclusions.--The term `renewable
biomass' includes--
``(I) any renewable plant material
that can be grown or collected for the
purpose of being converted to energy
(including aquatic plants, but not
including those portions of a plant
grown for food or feed);
``(II) any organic byproduct or
residue from agriculture and forestry
(including wastes from food production
and processing, used vegetable oil,
mill residues, and storm-, insect- and
diseased-damaged crops and trees) that
can be converted into energy; or
``(III) Any waste material that can
be converted to energy and is derived
from--
``(aa) vegetative waste
material (including wood waste
and wood residues);
``(bb) invasive plants;
``(cc) fibers;
``(dd) animal waste and
byproducts (including fats,
oils, greases, offal, methane
gas, and manure);
``(ee) non-recyclable
paper; and
``(ff) municipal solid
waste (including sludges and
oils derived from wastewater
and the treatment of
wastewater).
``(ii) Exclusions.--The term `renewable
biomass' does not include old-growth timber of
a forest from the late successional stage of
forest development, but does include storm-,
insect- or disease-damaged trees that can be
removed without damage to the forest.''.
(d) Energy Title Definitions of the Farm Security and Rural
Investment Act of 2002.--Section 9001 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8101) is amended--
(1) in paragraph (3), to read as follows:
``(3) Biomass.--The term `biomass' means--
``(A) any organic material that is available on a
renewable or recurring basis;
``(B) any organic material grown or collected for
the purpose of being converted to energy (including
aquatic plants);
``(C) any organic byproduct of agriculture and
forestry (including wastes from food production and
processing, used vegetable oil, mill residues, and
storm-damaged, insect-damaged, and diseased-damaged
crops and trees) that can be converted into energy; or
``(D) any waste material that can be converted to
energy and is derived from--
``(i) vegetative waste material (including
wood waste and wood residues);
``(ii) invasive plants (including aquatic
plants);
``(iii) fibers;
``(iv) animal waste and byproducts
(including fats, oils, greases, offal, methane
gas, and manure);
``(v) non-recyclable paper; and
``(vi) municipal solid waste (including
sludges and oils derived from wastewater and
the treatment of wastewater).'';
(2) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Cellulosic biomass, cellulosic feedstock,
lignocellulosic biomass and lignocellulosic feedstock.--The
terms `cellulosic biomass', `cellulosic feedstock',
`lignocellulosic biomass' and `lignocellulosic feedstock' all
shall be considered equivalent terms and shall mean any portion
of a plant or plant byproduct from conversion that is available
on a renewable or recurring basis, and is not grown for food or
feed, including the non-food, non-feed portions of crops,
trees, forest residues, and agricultural residues, as well as
any part of a storm-damaged, insect-damaged, or disease-damaged
food, feed, or tree crop.''.
(e) Executive Order 13134.--In carrying out section 7 of Executive
Order 13134 (7 U.S.C. 8601 note) the following modifications shall
apply to the specified provisions of such Executive Order:
(1) In lieu of subsection (a), the following shall apply:
``(a) The term `biomass' means any organic matter that is available
on a renewable or recurring basis.
``(1) Inclusions.--The term `biomass' includes--
``(A) any organic material grown or collected for
the purpose of being converted to energy (including
aquatic plants);
``(B) any organic byproduct of agriculture and
forestry (including wastes from food production and
processing, used vegetable oil, mill residues, and
storm-, insect- and diseased-damaged crops and trees)
that can be converted into energy; or
``(C) any waste material that can be converted to
energy;
``(2) Exclusions.--The term `biomass' does not include old-
growth timber of a forest from the late successional stage of
forest development, but does include storm-, insect- or
disease-damaged trees that can be removed without damage to the
forest.''.
(2) The following sentence shall be treated as included at
the end of subsection (d): ``Storm-damaged, insect-damaged, and
disease-damaged trees are excluded from the limitation on their
use for biomass.''.
(f) Bioenergy Program of the Farm Security and Rural Investment Act
of 2002.--Section 9010(a) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8108(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and''; and
(B) in subparagraph (B)--
(i) by striking the period at the end and
inserting a semicolon; and
(ii) by adding the following new
subparagraphs:
``(C) butanol; and
``(D) other similar oxygenates.''; and
(2) in paragraph (3), by amending subparagraph (B) to read
as follows:
``(B) any cellulosic feedstock or commodity
(including crop residues, agriculture and food
processing wastes, vegetative and wood wastes and
residues, invasive plants, and other plant materials
that can be used for energy production such as hybrid
poplar and switch grass).''.
(g) Technologies Using Agricultural Crops, Byproducts and Residues
To Produce Cellulosic Ethanol and Other Biofuels.--
(1) Subsections (a) and (b) and paragraphs (1) and (3) of
subsection (d) of section 417 of the Energy Policy Act of 2005
(Public Law 109-58) are each amended by striking ``Fischer-
Tropsch transportation fuels'' and inserting ``transportation
fuels derived from any coal to liquid process that is
environmentally compatible.''.
(2) Subsection (c) of section 417 of the Energy Policy Act
of 2005 (Public Law 109-58) is amended by--
(A) striking ``Fischer-Tropsch transportation
fuel''; and
(B) striking the period at the end of the sentence
and inserting a comma and the following ``derived from
any coal to liquid process that is environmentally
compatible.''.
(3) Clause (ii) of subparagraph (D) of paragraph (1) of
subsection (c) of section 1703 of the Energy Policy Act of 2005
(Public Law 109-58) is amended by striking ``the Fischer-
Tropsch process'' and inserting ``any coal to liquid process
that is environmentally compatible.''.
SEC. 202. CELLULOSIC BIOFUEL AND EMERGING TECHNOLOGY LOAN GUARANTEE
PROGRAM.
Section 310B(g) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(g)) is amended by adding at the end the following:
``(9) Emerging technology loan guarantees.--
``(A) In general.--The Secretary may guarantee
loans made by private institutions for the construction
of facilities to use established, new, or emerging
technologies to process and convert cellulosic biomass
materials directly into alcohol-based fuels, bio-fuels,
or other commercial products.
``(B) Applicant assurances.--An application for a
loan guarantee under this section shall include
assurances, satisfactory to the Secretary, that--
``(i) the project design has been validated
through the operation of a pilot facility which
can be reasonably scaled up to commercial size;
``(ii) the project has been subject to a
full technical review;
``(iii) the project is covered by adequate
project performance guarantees (excluding
process performance guarantees on new or
emerging technologies);
``(iv) the project, with the loan
guarantee, is economically viable; and
``(v) there is a reasonable assurance of
repayment of the guaranteed loan.
``(C) Cost-sharing.--An application for a loan
guarantee under this paragraph shall include binding
commitments to cover, from sources other than Federal
grants, at least 20 percent of the total cost of the
project described in the application.
``(D) Preferences.--In making loan guarantees under
this paragraph, the Secretary shall give preference to
applications which contain proposals that--
``(i) meet all applicable Federal and State
permitting requirements;
``(ii) are most likely to be successful;
and
``(iii) are located in local markets that
have the greatest need for the facility because
of--
``(I) the availability on a
renewable basis of sufficient
quantities of cellulosic biomass;
``(II) opportunities to provide
jobs and promote economic development
in rural areas;
``(III) opportunities to expand
markets for agricultural producers near
the facility;
``(IV) opportunities to dispose of
cellulosic-based waste material or
debris; or
``(V) a high level of demand for
alcohol-based fuels, bio-fuels, or
other commercial products of the
facility.
``(E) Approval.--Not later than 90 days after the
Secretary receives an application for a loan guarantee
under this section, the Secretary shall approve or
disapprove the application.
``(F) Limitations.--
``(i) Maximum amount guaranteed.--The total
amount of loan guarantees made under this
paragraph for a project described in an
application approved under this paragraph shall
not exceed $250,000,000.
``(ii) Maximum percentage of loan
guaranteed.--Except as provided in subparagraph
(G)(ii), a loan guarantee under this paragraph
for a project described in an application
approved under this paragraph shall be for not
more than 80 percent of the cost of the project
estimated in the application.
``(G) Additional guarantees.--
``(i) In general.--The Secretary may
provide additional loan guarantees for a
project described in an application approved
under this paragraph, to cover up to 80 percent
of the excess of the actual cost of the project
over the cost of the project estimated in the
application.
``(ii) Limitations.--
``(I) Maximum amount guaranteed.--
The total amount of additional
guarantees issued under clause (i) of
this subparagraph for a project shall
not exceed 15 percent of the amount of
the original guarantee provided under
this paragraph for the project, subject
to subparagraph (F)(i).
``(II) Maximum percentage of loan
guaranteed.--The Secretary may
guarantee not less than 90 percent and
not more than 100 percent of the
principal and interest due on a loan
guaranteed under clause (i). If the
guarantee is for less than 100 percent
of the principal and interest due on
the loan, the Secretary may not require
the Federal Government to be accorded a
position superior to the lender in the
event of default.
``(H) Limitations on authorization of
appropriations.--There are authorized to be
appropriated to the Secretary such sums as are
necessary for the cost of providing--
``(i) $2,000,000,000 in loan guarantees
under this paragraph for fiscal year 2008;
``(ii) $3,000,000,000 in loan guarantees
under this paragraph for fiscal year 2009;
``(iii) $4,000,000,000 in loan guarantees
under this paragraph for fiscal year 2010;
``(iv) $5,000,000,000 in loan guarantees
under this paragraph for fiscal year 2011; and
``(v) $6,000,000,000 in loan guarantees
under this paragraph for fiscal year 2012.
``(I) Termination of authority.--The authority
provided by this paragraph shall terminate 10 years
after the date of the enactment of this paragraph.''.
SEC. 203. ANIMAL WASTE ENVIRONMENTAL PROTECTION AND BIOENERGY
PRODUCTION GRANTS AND LOANS.
Section 310B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932) is amended by redesignating subsection (h) as subsection
(i) and inserting after subsection (g) the following:
``(h) Animal Waste Environmental Protection and Bioenergy
Production Grants and Loans.--
``(1) In general.--The Secretary may provide grants, loans,
and loan guarantees to farm owners and tenants for the purchase
and installation of equipment, and the construction of
structures and facilities, for the processing and conversion of
animal wastes and byproducts into liquid fuel, energy, and
other commercial products.
``(2) Priority.--In providing grants, loans, and loan
guarantees under this subsection, the Secretary shall give
priority to producers who make a binding commitment to the
Secretary to use the funds obtained thereby to install
equipment or build structures and facilities that will lead to
an improvement in water quality, or that will accomplish other
conservation objectives.
``(3) Maximum amounts.--The maximum amount of a grant or
loan, and the maximum amount the repayment of which may be
guaranteed, under this subsection shall not exceed
$10,000,000.''.
SEC. 204. BIOMASS FEEDSTOCK COMMERCIALIZATION INITIATIVE.
Paragraph (1) of section 307(d) of the Biomass Research and
Development Act of 2000 (7 U.S.C. 8606(d)(1); Public Law 106-224) is
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by adding ``and'' at the end; and
(3) by adding after subparagraph (D) the following new
subparagraph:
``(E) strategies to--
``(i) provide producers with the necessary
technical assistance, incentives and financial
tools to facilitate a shift towards the
production of crops grown for cellulosic
feedstock and biomass (hereafter in this
subparagraph referred to as `energy crops');
``(ii) provide producers with recommended
practices for growing energy crops to ensure
consistency with existing recommended practices
and conservation programs;
``(iii) provide incentives to producers in
the form of price guarantees for planting
energy crops to protect early adopters from
perceived risk during start up of the industry;
``(iv) provide incentives to producers in
the form of grants and guaranteed loans to
establish new cropping systems for the
production, collection and harvesting of
biomass and to remove old cropping systems;
``(v) provide incentives in the form of
grants and guaranteed loans to establish
breeding programs for propagation materials,
which will be necessary to make commercial-
scale energy crop production possible; and
``(vi) encourage development within the
private sector of the necessary support
services for energy crop production and
biorefinery operations.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy and Air Quality.
Referred to the Subcommittee on Conservation, Credit, Energy, and Research.
Executive Comment Requested from USDA.
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