Title 42, The Public Health and WelfareRelease 119-110

§16251 Production Incentives for Cellulosic Biofuels

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

Last updated Sep 22, 2026|Official source

Summary

Creates a federal program that pays producers to make cellulosic biofuels. The goals are to speed up commercial use of these fuels, reach 1,000,000,000 gallons per year by 2015, make biofuels cost-competitive with gasoline and diesel after 2015, and make sure small feedstock growers and rural small businesses can take part. Cellulosic biofuels are fuels made from cellulosic feedstocks. An eligible entity is a U.S. producer whose plant meets permits and the Secretary’s financial rules. The Secretary, working with Agriculture, Defense, and EPA, must run the program. Payments start as set per-gallon amounts until a first reverse auction. The first reverse auction happens no later than 1 year after the first U.S. year with 100,000,000 gallons produced or no later than 3 years after August 8, 2005. After that, yearly reverse auctions run until U.S. annual production reaches 1,000,000,000 gallons or 10 years after August 8, 2005. Bidders give a per-gallon incentive and expected gallons. Winners get the bid price for each gallon for the first 6 years of operation and must start production within 3 years of the auction. Rules cap payments (Secretary sets rates first 4 years, then a declining cap), limit any one project to 25% of auction funds, limit $100,000,000 per year and $1,000,000,000 total. Projects that boost local economies, include farm producers as partners, or fairly pay feedstock suppliers get priority. Up to $250,000,000 is authorized for the program.

Full Legal Text

Title 42, §16251

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

(a)Purpose
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)Definitions
In this section: (1) Cellulosic biofuels
(2)Eligible entity
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)Program
(1)Establishment
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)Basis of incentives
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)First reverse auction
The first reverse auction shall be held on the earlier of— (A)
(B)not later than 3 years after August 8, 2005.
(4)Reverse auction procedure
(A)In general
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)Amount of incentive received
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)Commencement of production of cellulosic biofuels
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)Limitations
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)Priority
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)Authorizations of appropriations
There is authorized to be appropriated to carry out this section $250,000,000.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16251

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110