Page:United States Statutes at Large Volume 122.djvu/1334

 12 2 STA T . 1 3 11 PUBLIC LA W 11 0– 23 4—M A Y 22, 200 8‘ ‘ (d)GRANTS.— ‘‘( 1 ) COMPE T I TI V E B ASIS.— TheS e cr e ta r ys ha l la w ard g ra n ts u nder su b sect io n(c)(1)onaco mp etiti v e basis. ‘‘( 2 )SE L E C TION CRITERIA.— ‘‘( A ) I N G ENERAL.—In approving grant applications , the Secretary shall establish a priority scoring system that assigns priority scores to each application and only approve applications that e x ceed a speci f ied minimum, as deter - mined by the Secretary. ‘‘( B ) F EASIBILIT Y .—In approving a grant application, the Secretary shall determine the technical and economic feasibility of the pro j ect based on a feasibility study of the project described in the application conducted by an independent third party. ‘‘(C) SCORING SYSTEM.—In determining the priority scoring system, the Secretary shall consider— ‘‘(i) the potential mar k et for the advanced biofuel and the byproducts produced ‘‘(ii) the level of financial participation by the applicant, including support from non-Federal and pri- vate sources; ‘‘(iii) whether the applicant is proposing to use a feedstock not previously used in the production of advanced biofuels; ‘‘(iv) whether the applicant is proposing to work with producer associations or cooperatives; ‘‘(v) whether the applicant has established that the adoption of the process proposed in the application will have a positive impact on resource conservation, public health, and the environment; ‘‘(vi) the potential for rural economic development; ‘‘(vii) whether the area in which the applicant pro- poses to locate the biorefinery has other similar facili- ties; ‘‘(viii) whether the project can be replicated; and ‘‘(ix) scalability for commercial use. ‘‘( 3 )COSTS H ARING.— ‘‘(A) L IMITS.—The amount of a grant awarded for development and construction of a biorefinery under sub- section (c)(1) shall not exceed an amount e q ualto3 0 per- cent of the cost of the project. ‘‘(B) FORM O F GRANTEE SHARE.— ‘‘(i) IN GENERAL.—The grantee share of the cost of a project may be made in the form of cash or mate- rial. ‘‘(ii) LIMITATION.—The amount of the grantee share that is made in the form of material shall not exceed 1 5 percent of the amount of the grantee share deter- mined under subparagraph (A). ‘‘(e) LOAN G U ARANTEES.— ‘‘(1) SELECTION CRITERIA.— ‘‘(A) IN GENERAL.—In approving loan guarantee applications, the Secretary shall establish a priority scoring system that assigns priority scores to each application and only approve applications that exceed a specified minimum, as determined by the Secretary.

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