Page:United States Statutes at Large Volume 122.djvu/2114

 12 2 STA T . 2 09 1 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 ‘ ‘ (iv)anyother a p propriate in f or m ation a b o u t the bioma s s c onversion faci l ity or propose d biomass conver - sion facility that g ives the S ecretary a reasonable assurance that the plant w ill be in operation by the time that the eligible crops are ready for harvest . ‘‘( B )B CAPPROJECTA REA S E L ECT I O N CRITERIA. —I n selecting BCAP pro j ect 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. 19 91(a))); or ‘‘(II) socially disadvantaged farmers or ranchers (as defined in section 250 1(e) of the Food, Agriculture, Conservation, and T rade 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; ‘‘(viii) the range of eligible crops among project areas; and ‘‘(ix) any additional information, as determined by the Secretary. ‘‘(3) CONTRACT.— ‘‘(A) IN G ENERAL.— O n approval of a BCAP project area by the Secretary, each producer in the BCAP project area shall enter into a contract directly with the Secretary. ‘‘(B) M INI MU M TERMS.—At a minimum, contracts shall include terms that cover— ‘‘(i) an agreement to ma k e available to the Sec- retary, or to an institution of higher education or other entity designated by the Secretary, such information as the Secretary considers to be appropriate to promote the production of eligible crops and the development of biomass conversion technology; ‘‘(ii) compliance with the highly erodible land con- servation re q uirements of subtitle B of title X II of the Food Security Act of 19 8 5(1 6 U.S.C. 3811 et seq.) and the wetland conservation requirements of subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);

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