Page:United States Statutes at Large Volume 122.djvu/2113

 12 2 STA T . 2 09 0 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 ‘ ‘ (i ii )lande n ro lled in th e c on s er v ation reserve p ro -g ra m esta b lished u nder subchapter B o f chapter 1 of subtitle D of title XI Iofthe F ood S ecurit yA ct of1 985 (1 6U. S. C . 3 831 et se q .) ‘‘(iv) land enrolled in the w etlands reserve program established under subchapter C of chapter 1 of subtitle D of title XII of that Act (16 U.S.C. 383 7 et seq.); or ‘‘(v) land enrolled in the grassland reserve program established under subchapter D of chapter 2 of subtitle D of title XII of that Act (16 U.S.C. 3838n et seq.). ‘‘(6) ELIG I B L EMAT E R IAL. — ‘‘(A) I N GENERAL.— T he term ‘eligible material ’ means renewable biomass. ‘‘(B) E XC L US I O NS.—The term ‘eligible material’ does not include— ‘‘(i) any crop that is eligible to receive payments under title I of the Food , Conservation, and Energy Actof2 0 08 or an amendment made by that title; ‘‘(ii) animal waste and byproducts (including fats, oils, greases, and manure); ‘‘(iii) food waste and yard waste; or ‘‘(iv) algae. ‘‘(7) P RO D UCER.—The term ‘producer’ means an owner or operator of contract acreage that is physically located within a BCAP pro j ect area. ‘‘(8) PRO J ECT S P ONSOR.—The term ‘project sponsor’ means— ‘‘(A) a group of producers; or ‘‘(B) a biomass conversion facility. ‘‘(b) ESTABLIS H MENT AND PURPOSE.—The Secretary shall estab- lish and administer a Biomass Crop Assistance Program to— ‘‘(1) support the establishment and production of eligible crops for conversion to bioenergy in selected BCAP project areas; and ‘‘(2) assist agricultural and forest land owners and opera- tors with collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility. ‘‘(c) BCAP PROJECT AREA.— ‘‘(1) IN GENERAL.—The Secretary shall provide financial assistance to producers of eligible crops in a BCAP project area. ‘‘(2) SELECTION O F PROJECT AREAS.— ‘‘(A) IN GENERAL.—To be considered for selection as a BCAP project area, a project sponsor shall submit to the Secretary a proposal that includes, at a minimum— ‘‘(i) a description of the eligible land and eligible crops of each producer that will 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 equity 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

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