§8108 — Title 7 Agriculture | U.S. Code

Summary

Sets up a joint program to fund and guide research on making fuels and other products from plants and other biomass. Key words: “biobased product” covers industrial products made from biomass, products made when biomass is turned into fuel (like animal feed or power), and carbon dioxide from those processes meant for permanent storage or use; “demonstration” means testing technology in a pilot or farm-scale plant; “Initiative” means the Biomass Research and Development Initiative. The Agriculture and Energy Departments must work together and each pick a senior, Senate-confirmed officer as their point of contact. They create a Biomass Research and Development Board, cochaired by those points of contact and including senior officers from Interior, EPA, NSF, and OSTP, to coordinate work across agencies, make recommendations, keep funding requests open and competitive with annual awards, and make sure independent experts mostly from outside those two departments review proposals. The Board and an outside Technical Advisory Committee meet at least quarterly. The Advisory Committee, appointed by the points of contact, includes people from industry, universities, government labs, environmental groups, state government, and experts in economics, plant science, agronomy, and carbon capture; members serve three-year terms and advise on how funds are used. The Initiative gives competitive grants, contracts, and assistance for research, development, and demonstrations that improve feedstocks and logistics, advance cellulosic and other conversion technologies (including carbon dioxide use or storage), and analyze sustainability, environmental impacts, and land potential. Eligible applicants include colleges, national labs, federal or state research agencies, private companies, nonprofits, or consortia of those. The agencies must publish annual joint requests for proposals, use independent scientific peer review, favor multi-institution teams and geographic diversity, and set aside at least 15 percent of funds for each of the three technical areas. Cost sharing must be at least 20 percent non-Federal for research/development (unless a Secretary reduces it) and at least 50 percent non-Federal for demonstrations or commercial projects. Results must be shared and added to a best-practices database. Agencies may provide admin support but no more than 4 percent of yearly funds may pay administrative costs. The Secretaries must report to Congress each year on progress and Advisory Committee findings. Funding from the Commodity Credit Corporation is $20,000,000 for FY2009; $28,000,000 for FY2010; $30,000,000 for FY2011; $40,000,000 for FY2012; and $3,000,000 for each of FY2014–2017. In addition, up to $20,000,000 may be appropriated for each of FY2014–2023.

Title 7, §8108

Agriculture — Source: USLM XML via OLRC

(a)In this section:

(1)The term “biobased product” means—

(A)an industrial product (including chemicals, materials, and polymers) produced from biomass;

(B)a commercial or industrial product (including animal feed and electric power) derived in connection with the conversion of biomass to fuel; or

(C)carbon dioxide that—

(i)is intended for permanent sequestration or utilization; and

(ii)is a byproduct of the production of the products described in subparagraphs (A) and (B).

(2)The term “demonstration” means demonstration of technology in a pilot plant or semi-works scale facility, including a plant or facility located on a farm.

(3)The term “Initiative” means the Biomass Research and Development Initiative established under subsection (e).

(b)(1)The Secretary of Agriculture and the Secretary of Energy shall coordinate policies and procedures that promote research and development regarding the production of biofuels and biobased products.

(2)To coordinate research and development programs and activities relating to biofuels and biobased products that are carried out by their respective departments—

(A)the Secretary of Agriculture shall designate, as the point of contact for the Department of Agriculture, an officer of the Department of Agriculture appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate; and

(B)the Secretary of Energy shall designate, as the point of contact for the Department of Energy, an officer of the Department of Energy appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate.

(c)(1)There is established the Biomass Research and Development Board to carry out the duties described in paragraph (3).

(2)The Board shall consist of—

(A)the point of contacts of the Department of Energy and the Department of Agriculture, who shall serve as cochairpersons of the Board;

(B)a senior officer of each of the Department of the Interior, the Environmental Protection Agency, the National Science Foundation, and the Office of Science and Technology Policy, each of whom shall have a rank that is equivalent to the rank of the points of contact; and

(C)at the option of the Secretary of Agriculture and the Secretary of Energy, other members appointed by the Secretaries (after consultation with the Board).

(3)The Board shall—

(A)coordinate research and development activities relating to biofuels and biobased products—

(i)between the Department of Agriculture and the Department of Energy; and

(ii)with other departments and agencies of the Federal Government;

(B)provide recommendations to the points of contact concerning administration of this chapter;

(C)ensure that—

(i)solicitations are open and competitive with awards made annually; and

(ii)objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest; and

(D)ensure that the panel of scientific and technical peers assembled under subsection (e) to review proposals is composed predominantly of independent experts selected from outside the Departments of Agriculture and Energy.

(4)Each agency represented on the Board is encouraged to provide funds for any purpose under this section.

(5)The Board shall meet at least quarterly.

(d)(1)There is established the Biomass Research and Development Technical Advisory Committee to carry out the duties described in paragraph (3).

(2)(A)The Advisory Committee shall consist of—

(i)an individual affiliated with the biofuels industry;

(ii)an individual affiliated with the biobased industrial and commercial products industry;

(iii)an individual affiliated with an institution of higher education who has expertise in biofuels and biobased products;

(iv)2 prominent engineers or scientists from government or academia who have expertise in biofuels and biobased products;

(v)an individual affiliated with a commodity trade association;

(vi)2 individuals affiliated with environmental or conservation organizations;

(vii)an individual associated with State government who has expertise in biofuels and biobased products;

(viii)an individual with expertise in energy and environmental analysis;

(ix)an individual with expertise in the economics of biofuels and biobased products;

(x)an individual with expertise in agricultural economics;

(xi)an individual with expertise in plant biology and biomass feedstock development;

(xii)an individual with expertise in agronomy, crop science, or soil science;

(xiii)an individual with expertise in carbon dioxide capture, utilization, and sequestration; and

(xiv)at the option of the points of contact, other members.

(B)The members of the Advisory Committee shall be appointed by the points of contact.

(3)The Advisory Committee shall—

(A)advise the points of contact with respect to the Initiative; and

(B)evaluate and make recommendations in writing to the Board regarding whether—

(i)funds authorized for the Initiative are distributed and used in a manner that is consistent with the objectives, purposes, and considerations of the Initiative;

(ii)solicitations are open and competitive with awards made annually;

(iii)objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest;

(iv)the points of contact are funding proposals under this chapter that are selected on the basis of merit, as determined by an independent panel of scientific and technical peers predominantly from outside the Departments of Agriculture and Energy; and

(v)activities under this chapter are carried out in accordance with this chapter.

(4)To avoid duplication of effort, the Advisory Committee shall coordinate its activities with those of other Federal advisory committees working in related areas.

(5)The Advisory Committee shall meet at least quarterly.

(6)Members of the Advisory Committee shall be appointed for a term of 3 years.

(e)(1)The Secretary of Agriculture and the Secretary of Energy, acting through their respective points of contact and in consultation with the Board, shall establish and carry out a Biomass Research and Development Initiative under which competitively awarded grants, contracts, and financial assistance are provided to, or entered into with, eligible entities to carry out research on and development and demonstration of—

(A)biofuels and biobased products; and

(B)the methods, practices, and technologies, for the production of biofuels and biobased products.

(2)The objectives of the Initiative are to develop—

(A)technologies and processes necessary for abundant commercial production of biofuels at prices competitive with fossil fuels;

(B)high-value biobased products—

(i)to enhance the economic viability of biofuels and power;

(ii)to serve as substitutes for petroleum-based feedstocks and products;

(iii)to enhance the value of coproducts produced using the technologies and processes; and

(iv)to permanently sequester or utilize carbon dioxide described in subsection (a)(1)(C); and

(C)a diversity of economically and environmentally sustainable domestic sources of renewable biomass for conversion to biofuels, bioenergy, and biobased products.

(3)The Secretary of Agriculture and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and heads of other appropriate departments and agencies (referred to in this subsection as the “Secretaries”), shall direct the Initiative in the 3 following areas:

(A)Research, development, and demonstration activities regarding feedstocks and feedstock logistics (including the harvest, handling, transport, preprocessing, and storage) relevant to production of raw materials for conversion to biofuels and biobased products.

(B)Research, development, and demonstration activities to support—

(i)the development of diverse cost-effective technologies for the use of cellulosic biomass in the production of biofuels and biobased products;

(ii)product diversification through technologies relevant to production of a range of biobased products (including chemicals, animal feeds, and cogenerated power) that potentially can increase the feasibility of fuel production in a biorefinery; and

(iii)the development of technologies to permanently sequester or utilize carbon dioxide described in subsection (a)(1)(C).

(C)(i)The development of analysis that provides strategic guidance for the application of renewable biomass technologies to improve sustainability and environmental quality, cost effectiveness, security, and rural economic development.

(ii)Development of systematic evaluations of the impact of expanded biofuel production on the environment (including forest land) and on the food supply for humans and animals, including the improvement and development of tools for life cycle analysis of current and potential biofuels.

(iii)Assessments of the potential of Federal land resources to increase the production of feedstocks for biofuels and biobased products, consistent with the integrity of soil and water resources and with other environmental considerations.

(4)Within the technical areas described in paragraph (3), the Secretaries shall support research and development—

(A)to create continuously expanding opportunities for participants in existing biofuels production by seeking synergies and continuity with current technologies and practices;

(B)to maximize the environmental, economic, and social benefits of production of biofuels and derived biobased products on a large scale; and

(C)to facilitate small-scale production and local and on-farm use of biofuels, including the development of small-scale gasification technologies for production of biofuel from cellulosic feedstocks.

(5)To be eligible for a grant, contract, or assistance under this section, an applicant shall be—

(A)an institution of higher education;

(B)a National Laboratory;

(C)a Federal research agency;

(D)a State research agency;

(E)a private sector entity;

(F)a nonprofit organization; or

(G)a consortium of 2 or more entities described in subparagraphs (A) through (F).

(6)(A)After consultation with the Board, the points of contact shall—

(i)publish annually 1 or more joint requests for proposals for grants, contracts, and assistance under this subsection;

(ii)require that grants, contracts, and assistance under this section be awarded based on a scientific peer review by an independent panel of scientific and technical peers;

(iii)give special consideration to applications that—

(I)involve a consortia of experts from multiple institutions;

(II)encourage the integration of disciplines and application of the best technical resources; and

(III)increase the geographic diversity of demonstration projects; and

(iv)require that the technical areas described in each of subparagraphs (A), (B), and (C) of paragraph (3) receive not less than 15 percent of funds made available to carry out this section.

(B)(i)(I)Except as provided in subclause (II), the non-Federal share of the cost of a research or development project under this section shall be not less than 20 percent.

(II)The Secretary of Agriculture or the Secretary of Energy, as appropriate, may reduce the non-Federal share required under subclause (I) if the appropriate Secretary determines the reduction to be necessary and appropriate.

(ii)The non-Federal share of the cost of a demonstration or commercial project under this section shall be not less than 50 percent.

(C)The Secretary of Agriculture and the Secretary of Energy shall ensure that applicable research results and technologies from the Initiative are—

(i)adapted, made available, and disseminated, as appropriate; and

(ii)included in the best practices database established under section 5925e(e) 11 See References in Text note below. of this title.

(f)(1)The Secretary of Energy and the Secretary of Agriculture may provide such administrative support and funds of the Department of Energy and the Department of Agriculture to the Board and the Advisory Committee as are necessary to enable the Board and the Advisory Committee to carry out their duties under this section.

(2)The heads of the agencies referred to in subsection (c)(2)(B), and the other members of the Board appointed under subsection (c)(2)(C), are encouraged to provide administrative support and funds of their respective agencies to the Board and the Advisory Committee.

(3)Not more than 4 percent of the amount made available for each fiscal year under subsection (h) may be used to pay the administrative costs of carrying out this section.

(g)For each fiscal year for which funds are made available to carry out this section, the Secretary of Energy and the Secretary of Agriculture shall jointly submit to Congress a detailed report on—

(1)the status and progress of the Initiative, including a report from the Advisory Committee on whether funds appropriated for the Initiative have been distributed and used in a manner that is consistent with the objectives and requirements of this section;

(2)the general status of cooperation and research and development efforts carried out at each agency with respect to biofuels and biobased products; and

(3)the plans of the Secretary of Energy and the Secretary of Agriculture for addressing concerns raised in the report, including concerns raised by the Advisory Committee.

(h)(1)Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out this section, to remain available until expended—

(A)$20,000,000 for fiscal year 2009;

(B)$28,000,000 for fiscal year 2010;

(C)$30,000,000 for fiscal year 2011;

(D)$40,000,000 for fiscal year 2012; and

(E)$3,000,000 for each of fiscal years 2014 through 2017.

(2)In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2023.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5925e of this title, referred to in subsec. (e)(6)(C)(ii), was repealed by Pub. L. 113–79, title VII, § 7212(a), Feb. 7, 2014, 128 Stat. 886. Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 8108, Pub. L. 107–171, title IX, § 9010, May 13, 2002, 116 Stat. 485, related to continuation of bioenergy program, prior to the general amendment of this chapter by Pub. L. 110–246. See section 8105 of this title. A prior section 9008 of Pub. L. 107–171 amended title III of Pub. L. 106–224, which was classified to chapter 112 (§ 8601 et seq.) of this title prior to repeal by Pub. L. 110–246, § 9001(b).

Amendments

2018—Subsec. (a)(1)(C). Pub. L. 115–334, § 7507(1), added subpar. (C). Subsec. (d)(2)(A)(xiii), (xiv). Pub. L. 115–334, § 7507(2), added cl. (xiii) and redesignated former cl. (xiii) as (xiv). Subsec. (e)(2)(B)(iv). Pub. L. 115–334, § 7507(3)(A), added cl. (iv). Subsec. (e)(3)(B)(iii). Pub. L. 115–334, § 7507(3)(B), added cl. (iii). Subsec. (h)(2). Pub. L. 115–334, § 7507(4), substituted “2023” for “2018”. 2014—Subsec. (h)(1)(E). Pub. L. 113–79, § 9008(1), added subpar. (E). Subsec. (h)(2). Pub. L. 113–79, § 9008(2), substituted “$20,000,000 for each of fiscal years 2014 through 2018” for “$35,000,000 for each of fiscal years 2009 through 2013”. 2013—Subsec. (h)(2). Pub. L. 112–240 substituted “2013” for “2012”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 AmendmentAmendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.

§8108 Biomass Research and Development

Summary

Title 7, §8108

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata