Title 42, The Public Health and WelfareRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Gives money to help places buy leftover forest wood and brush so they can make electricity, useful heat, or transportation fuel, and to pay for projects that make that wood more useful or valuable. Payments to buy biomass can be no more than $20 per green ton delivered. Research or development grants can be up to $500,000 and will favor applicants in certain communities. Grant recipients must keep records and let agency staff inspect the facility, inventory, and records when asked. When choosing projects, the agency will look at public benefits like energy production, support for small businesses, job creation, cleaner or more efficient technology, and reducing hazardous fuels. Congress set aside $50,000,000 for fiscal year 2006 and $35,000,000 for each fiscal year 2007 through 2016. A report was required by October 1, 2010, showing the size, type, and use of biomass given grants, how far the biomass traveled to the facility, and the economic effects, especially new jobs. Definitions in one line each: Biomass — leftover trees, wood, brush, chips, or slash removed to lower fire, disease, or insect risk. Indian tribe — the federal definition in 25 U.S.C. 5304(e). Nonmerchantable — parts of removed material not used for higher-value products. Person — an individual, a community, an Indian tribe, a U.S. small business or corporation, or a nonprofit. Preferred community — an Indian tribe, a town with 50,000 people or fewer, or a non-metropolitan county near at-risk federal or Indian land, as the Secretary decides. Secretary concerned — the Secretary of Agriculture or the Secretary of the Interior.

Full Legal Text

Title 42, §15855

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

(a)Definitions
In this section: (1) Biomass
(2)Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304(e) of title 25.
(3)Nonmerchantable
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)Person
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)Preferred community
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)Secretary concerned
The term “Secretary concerned” means the Secretary of Agriculture or the Secretary of the Interior.
(b)Biomass commercial use grant program
(1)In general
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)Grant amounts
A grant under this subsection may not exceed $20 per green ton of biomass delivered.
(3)Monitoring of grant recipient activities
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)Improved biomass use grant program
(1)In general
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)Selection
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)Grant amount
A grant under this subsection may not exceed $500,000.
(d)Authorization of appropriations
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)Report
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110