Title 42The Public Health and WelfareRelease 119-73not60

§15855 Grants to Improve the Commercial Value of Forest Biomass for Electric Energy, Useful Heat, Transportation Fuels, and Other Commercial Purposes

Title 42 › Chapter 149— NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter II— RENEWABLE ENERGY › Part A— General Provisions › § 15855

Last updated Apr 5, 2026|Official source

Summary

Helps pay for using small trees and other leftover forest material as fuel and for projects that make that material more useful. Grants can pay up to $20 per green ton for biomass delivered to a facility that makes electricity, useful heat, or transportation fuel. The program also gives research and development grants (up to $500,000 each) to improve how biomass is used, with preference for applicants in certain communities. Grant recipients must keep records and let a government representative inspect their facility and books when asked. Key terms in one line: biomass — nonmerchantable forest byproducts removed to lower fire risk, disease, or restore forest health; nonmerchantable — material not used for higher-value products; person — individual, community, Indian tribe, U.S. small business or corporation, or nonprofit; preferred community — Indian tribes, towns of 50,000 or fewer near at-risk Federal or Indian land, or non-metro counties near such land; Secretary concerned — the Secretary of Agriculture or the Secretary of the Interior. Funding authorized: $50,000,000 for fiscal year 2006 and $35,000,000 for each fiscal year 2007–2016. A report was due by October 1, 2010, describing biomass use, the distance from removal site to the facility, and economic impacts including jobs.

Full Legal Text

Title 42, §15855

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

(a)In this section:
(1)The term “biomass” means nonmerchantable materials or precommercial thinnings that are byproducts of preventive treatments, such as trees, wood, brush, thinnings, chips, and slash, that are removed—
(A)to reduce hazardous fuels;
(B)to reduce or contain disease or insect infestation; or
(C)to restore forest health.
(2)The term “Indian tribe” has the meaning given the term in section 5304(e) of title 25.
(3)For purposes of subsection (b), the term “nonmerchantable” means that portion of the byproducts of preventive treatments that would not otherwise be used for higher value products.
(4)The term “person” includes—
(A)an individual;
(B)a community (as determined by the Secretary concerned);
(C)an Indian tribe;
(D)a small business or a corporation that is incorporated in the United States; and
(E)a nonprofit organization.
(5)The term “preferred community” means—
(A)any Indian tribe;
(B)any town, township, municipality, or other similar unit of local government (as determined by the Secretary concerned) that—
(i)has a population of not more than 50,000 individuals; and
(ii)the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation; or
(C)any county that—
(i)is not contained within a metropolitan statistical area; and
(ii)the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation.
(6)The term “Secretary concerned” means the Secretary of Agriculture or the Secretary of the Interior.
(b)(1)The Secretary concerned may make grants to any person in a preferred community that owns or operates a facility that uses biomass as a raw material to produce electric energy, sensible heat, or transportation fuels to offset the costs incurred to purchase biomass for use by such facility.
(2)A grant under this subsection may not exceed $20 per green ton of biomass delivered.
(3)As a condition of a grant under this subsection, the grant recipient shall keep such records as the Secretary concerned may require to fully and correctly disclose the use of the grant funds and all transactions involved in the purchase of biomass. Upon notice by a representative of the Secretary concerned, the grant recipient shall afford the representative reasonable access to the facility that purchases or uses biomass and an opportunity to examine the inventory and records of the facility.
(c)(1)The Secretary concerned may make grants to persons to offset the cost of projects to develop or research opportunities to improve the use of, or add value to, biomass. In making such grants, the Secretary concerned shall give preference to persons in preferred communities.
(2)The Secretary concerned shall select a grant recipient under paragraph (1) after giving consideration to—
(A)the anticipated public benefits of the project, including the potential to develop thermal or electric energy resources or affordable energy;
(B)opportunities for the creation or expansion of small businesses and micro-businesses;
(C)the potential for new job creation;
(D)the potential for the project to improve efficiency or develop cleaner technologies for biomass utilization; and
(E)the potential for the project to reduce the hazardous fuels from the areas in greatest need of treatment.
(3)A grant under this subsection may not exceed $500,000.
(d)There are authorized to be appropriated $50,000,000 for fiscal year 2006 and $35,000,000 for each of fiscal years 2007 through 2016 to carry out this section.
(e)Not later than October 1, 2010, the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Resources, the Committee on Energy and Commerce, and the Committee on Agriculture of the House of Representatives, a report describing the results of the grant programs authorized by this section. The report shall include the following:
(1)An identification of the size, type, and use of biomass by persons that receive grants under this section.
(2)The distance between the land from which the biomass was removed and the facility that used the biomass.
(3)The economic impacts, particularly new job creation, resulting from the grants to and operation of the eligible operations.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (d). Pub. L. 109–375 substituted “$50,000,000 for fiscal year 2006 and $35,000,000 for each of fiscal years 2007 through 2016” for “$50,000,000 for each of the fiscal years 2006 through 2016”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15855

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60