Title 42The Public Health and WelfareRelease 119-73

§16251 Production incentives for cellulosic biofuels

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER IX— - RESEARCH AND DEVELOPMENT › Part Part D— - Agricultural Biomass Research and Development Programs › § 16251

Last updated Apr 6, 2026|Official source

Summary

Pays producers to make cellulosic biofuels and push the industry to grow so the United States reaches 1,000,000,000 gallons a year by 2015. The Energy Secretary, working with the Agriculture Secretary, the Defense Secretary, and the EPA Administrator, will run the program. Definitions: cellulosic biofuels = fuels made from plant cellulosic materials. eligible entity = a U.S. producer with required permits and whatever financial rules the Secretary sets. At first the Secretary will make set per‑gallon payments. Then the Secretary will hold reverse auctions (bidders name the per‑gallon incentive they want and how much they will produce). The first auction must happen no later than 1 year after the first U.S. production year of 100,000,000 gallons, or no later than 3 years after August 8, 2005, whichever is sooner. Auctions continue each year until U.S. production reaches 1,000,000,000 gallons a year or until 10 years after August 8, 2005. Winners get their bid price for each gallon they produce and sell for the first 6 years of operation and must start production within 3 years of the auction. Payment limits include caps set for the first 4 years, a declining cap later so fuels become cost competitive, no more than 25% of an auction’s funds to one project, no more than $100,000,000 in a year, and no more than $1,000,000,000 total. Projects that boost local economies, include farmers as equity partners, and fairly reward feedstock suppliers get priority. Up to $250,000,000 is authorized to run the program.

Full Legal Text

Title 42, §16251

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The purpose of this section is to—
(1)accelerate deployment and commercialization of biofuels;
(2)deliver the first 1,000,000,000 gallons in annual cellulosic biofuels production by 2015;
(3)ensure biofuels produced after 2015 are cost competitive with gasoline and diesel; and
(4)ensure that small feedstock producers and rural small businesses are full participants in the development of the cellulosic biofuels industry.
(b)In this section:
(1)The term “cellulosic biofuels” means any fuel that is produced from cellulosic feedstocks.
(2)The term “eligible entity” means a producer of fuel from cellulosic biofuels the production facility of which—
(A)is located in the United States;
(B)meets all applicable Federal and State permitting requirements; and
(C)meets any financial criteria established by the Secretary.
(c)(1)The Secretary, in consultation with the Secretary of Agriculture, the Secretary of Defense, and the Administrator of the Environmental Protection Agency, shall establish an incentive program for the production of cellulosic biofuels.
(2)Under the program, the Secretary shall award production incentives on a per gallon basis of cellulosic biofuels from eligible entities, through—
(A)set payments per gallon of cellulosic biofuels produced in an amount determined by the Secretary, until initiation of the first reverse auction; and
(B)reverse auction thereafter.
(3)The first reverse auction shall be held on the earlier of—
(A)not later than 1 year after the first year of annual production in the United States of 100,000,000 gallons of cellulosic biofuels, as determined by the Secretary; or
(B)not later than 3 years after August 8, 2005.
(4)(A)On initiation of the first reverse auction, and each year thereafter until the earlier of the first year of annual production in the United States of 1,000,000,000 gallons of cellulosic biofuels, as determined by the Secretary, or 10 years after August 8, 2005, the Secretary shall conduct a reverse auction at which—
(i)the Secretary shall solicit bids from eligible entities;
(ii)eligible entities shall submit—
(I)a desired level of production incentive on a per gallon basis; and
(II)an estimated annual production amount in gallons; and
(iii)the Secretary shall issue awards for the production amount submitted, beginning with the eligible entity submitting the bid for the lowest level of production incentive on a per gallon basis and meeting such other criteria as are established by the Secretary, until the amount of funds available for the reverse auction is committed.
(B)An eligible entity selected by the Secretary through a reverse auction shall receive the amount of performance incentive requested in the auction for each gallon produced and sold by the entity during the first 6 years of operation.
(C)As a condition of the receipt of an award under this section, an eligible entity shall enter into an agreement with the Secretary under which the eligible entity agrees to begin production of cellulosic biofuels not later than 3 years after the date of the reverse auction in which the eligible entity participates.
(d)Awards under this section shall be limited to—
(1)a per gallon amount determined by the Secretary during the first 4 years of the program;
(2)a declining per gallon cap over the remaining lifetime of the program, to be established by the Secretary so that cellulosic biofuels produced after the first year of annual cellulosic biofuels production in the United States in excess of 1,000,000,000 gallons are cost competitive with gasoline and diesel;
(3)not more than 25 percent of the funds committed within each reverse auction to any 1 project;
(4)not more than $100,000,000 in any 1 year; and
(5)not more than $1,000,000,000 over the lifetime of the program.
(e)In selecting a project under the program, the Secretary shall give priority to projects that—
(1)demonstrate outstanding potential for local and regional economic development;
(2)include agricultural producers or cooperatives of agricultural producers as equity partners in the ventures; and
(3)have a strategic agreement in place to fairly reward feedstock suppliers.
(f)There is authorized to be appropriated to carry out this section $250,000,000.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16251

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73