Page:United States Statutes at Large Volume 122.djvu/1352

 12 2 STA T . 1 3 2 9PUBLIC LA W 11 0– 23 4—M A Y 22, 200 8‘ ‘ (c)BCAP P ROJECT ARE A.— ‘‘( 1 ) ING ENERA L .— TheS ec r e ta r ys ha l l p r ovid e f i n ancial assistance to prod u cers of eli g i b le crops in a BCAP pro j ect area. ‘‘( 2 ) SELECT I ONO FP ROJECT AREA S .— ‘‘(A) IN GENERAL.—To be considered for selection as a BCAP project area , a project sponsor shall sub m it to the Secretary a proposal that includes, at a minimum— ‘‘(i) a description of the eligible land and eligible crops of each producer that w ill participate in the proposed BCAP project area ‘‘(ii) a letter of commitment from a biomass conver - sion facility that the facility will use the eligible crops intended to be produced in the proposed BCAP project area; ‘‘(iii) evidence that the biomass conversion facility has sufficient e q uity available, as determined by the Secretary, if the biomass conversion facility is not oper- ational at the time the proposal is submitted to the Secretary; and ‘‘(iv) any other appropriate information about the biomass conversion facility or proposed biomass conver- sion facility that gives the Secretary a reasonable assurance that the plant will be in operation by the time that the eligible crops are ready for harvest. ‘‘(B) BCAP PROJECT AREA SELECTION CRITERIA.—In selecting BCAP project areas, the Secretary shall con- sider— ‘‘(i) the volume of the eligible crops proposed to be produced in the proposed BCAP project area and the probability that such crops will be used for the purposes of the BCAP; ‘‘(ii) the volume of renewable biomass projected to be available from sources other than the eligible crops grown on contract acres; ‘‘(iii) the anticipated economic impact in the pro- posed BCAP project area; ‘‘(iv) the opportunity for producers and local inves- tors to participate in the ownership of the biomass conversion facility in the proposed BCAP project area; ‘‘(v) the participation rate by— ‘‘(I) beginning farmers or ranchers (as defined in accordance with section 34 3(a) of the Consoli- dated F arm and R ural D evelopment Act ( 7U .S.C. 1 9 91(a))); or ‘‘(II) socially disadvantaged farmers or ranchers (as defined in section 2 50 1(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))); ‘‘(vi) the impact on soil, water, and related resources; ‘‘(vii) the variety in biomass production approaches within a project area, including (as appropriate)— ‘‘(I) agronomic conditions; ‘‘(II) harvest and postharvest practices; and ‘‘(III) monoculture and polyculture crop mi x es;

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