-CITE- 7 USC CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -MISC1- Sec. 8601. Findings. 8602. Definitions. 8603. Cooperation and coordination in biomass research and development. 8604. Biomass Research and Development Board. 8605. Biomass Research and Development Technical Advisory Committee. 8606. Biomass Research and Development Initiative. 8607. Administrative support and funds. 8608. Reports. 8609. Funding. -COD- CODIFICATION This chapter is comprised generally of title III (Secs. 301-311) of Pub. L. 106-224, June 20, 2000, 114 Stat. 428, as amended. Title III of Pub. L. 106-224 was formerly set out as a note under section 8101 of this title. Section 311 of title III of Pub. L. 106-224, which provided for termination of title III of Pub. L. 106-224 on Sept. 30, 2007, was repealed by Pub. L. 109-58, title IX, Sec. 941(h), Aug. 8, 2005, 119 Stat. 878. -End- -CITE- 7 USC Sec. 8601 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- Sec. 8601. Findings -STATUTE- Congress finds that - (1) conversion of biomass into biobased industrial products offers outstanding potential for benefit to the national interest through - (A) improved strategic security and balance of payments; (B) healthier rural economies; (C) improved environmental quality; (D) near-zero net greenhouse gas emissions; (E) technology export; and (F) sustainable resource supply; (2) the key technical challenges to be overcome in order for biobased industrial products to be cost-competitive are finding new technology and reducing the cost of technology for converting biomass into desired biobased industrial products; (3) biobased fuels, such as ethanol, have the clear potential to be sustainable, low cost, and high performance fuels that are compatible with both current and future transportation systems and provide near-zero net greenhouse gas emissions; (4) biobased chemicals have the clear potential for environmentally benign product life cycles; (5) biobased power can - (A) provide environmental benefits; (B) promote rural economic development; and (C) diversify energy resource options; (6) many biomass feedstocks suitable for industrial processing show the clear potential for sustainable production, in some cases resulting in improved soil fertility and carbon sequestration; (7)(A) grain processing mills are biorefineries that produce a diversity of useful food, chemical, feed, and fuel products; and (B) technologies that result in further diversification of the range of value-added biobased industrial products can meet a key need for the grain processing industry; (8)(A) cellulosic feedstocks are attractive because of their low cost and widespread availability; and (B) research resulting in cost-effective technology to overcome the recalcitrance of cellulosic biomass would allow biorefineries to produce fuels and bulk chemicals on a very large scale, with a commensurately large realization of the benefit described in paragraph (1); (9) research into the fundamentals to understand important mechanisms of biomass conversion can be expected to accelerate the application and advancement of biomass processing technology by - (A) increasing the confidence and speed with which new technologies can be scaled up; and (B) giving rise to processing innovations based on new knowledge; (10) the added utility of biobased industrial products developed through improvements in processing technology would encourage the design of feedstocks that would meet future needs more effectively; (11) the creation of value-added biobased industrial products would create new jobs in construction, manufacturing, and distribution, as well as new higher-valued exports of products and technology; (12)(A) because of the relatively short-term time horizon characteristic of private sector investments, and because many benefits of biomass processing are in the national interest, it is appropriate for the Federal Government to provide precommercial investment in fundamental research and research- driven innovation in the biomass processing area; and (B) such an investment would provide a valuable complement to ongoing and past governmental support in the biomass processing area; and (13) several prominent studies, including studies by the President's Committee of Advisors on Science and Technology and the National Research Council - (A) support the potential for large research-driven advances in technologies for production of biobased industrial products as well as associated benefits; and (B) document the need for a focused, integrated, and innovation-driven research effort to provide the appropriate progress in a timely manner. -SOURCE- (Pub. L. 106-224, title III, Sec. 302, June 20, 2000, 114 Stat. 428.) -MISC1- SHORT TITLE Pub. L. 106-224, title III, Sec. 301, June 20, 2000, 114 Stat. 428, provided that: "This title [enacting this chapter] may be cited as the 'Biomass Research and Development Act of 2000'." -EXEC- EX. ORD. NO. 13134. DEVELOPING AND PROMOTING BIOBASED PRODUCTS AND BIOENERGY Ex. Ord. No. 13134, Aug. 12, 1999, 64 F.R. 44639, as amended by Ex. Ord. No. 13225, Sec. 3(a), Sept. 28, 2001, 66 F.R. 50291, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in order to stimulate the creation and early adoption of technologies needed to make biobased products and bioenergy cost-competitive in large national and international markets, it is hereby ordered as follows: Section 1. Policy. Current biobased product and bioenergy technology has the potential to make renewable farm and forestry resources major sources of affordable electricity, fuel, chemicals, pharmaceuticals, and other materials. Technical advances in these areas can create an expanding array of exciting new business and employment opportunities for farmers, foresters, ranchers, and other businesses in rural America. These technologies can create new markets for farm and forest waste products, new economic opportunities for underused land, and new value-added business opportunities. They also have the potential to reduce our Nation's dependence on foreign oil, improve air quality, water quality, and flood control, decrease erosion, and help minimize net production of greenhouse gases. It is the policy of this Administration, therefore, to develop a comprehensive national strategy, including research, development, and private sector incentives, to stimulate the creation and early adoption of technologies needed to make biobased products and bioenergy cost-competitive in large national and international markets. Sec. 2. Establishment of the Interagency Council on Biobased Products and Bioenergy. (a) There is established the Interagency Council on Biobased Products and Bioenergy (the "Council"). The Council shall be composed of the Secretaries of Agriculture, Commerce, Energy, and the Interior, the Administrator of the Environmental Protection Agency, the Director of the Office of Management and Budget, the Assistant to the President for Science and Technology, the Director of the National Science Foundation, the Federal Environmental Executive, and the heads of other relevant agencies as may be determined by the Co-Chairs of the Council. Members may serve on the Council through designees. Designees shall be senior officials who report directly to the agency head (Assistant Secretary or equivalent). (b) The Secretary of Agriculture and the Secretary of Energy shall serve as Co-Chairs of the Council. (c) The Council shall prepare annually a strategic plan for the President outlining overall national goals in the development and use of biobased products and bioenergy in an environmentally sound manner and how these goals can best be achieved through Federal programs and integrated planning. The goals shall include promoting national economic growth with specific attention to rural economic interests, energy security, and environmental sustainability and protection. These strategic plans shall be compatible with the national goal of producing safe and affordable supplies of food, feed, and fiber in a way that is sustainable and protects the environment, and shall include measurable objectives. Specifically, these strategic plans shall cover the following areas: (1) biobased products, including commercial and industrial chemicals, pharmaceuticals, products with large carbon sequestering capacity, and other materials; and (2) biomass used in the production of energy (electricity; liquid, solid, and gaseous fuels; and heat). (d) To ensure that the United States takes full advantage of the potential economic and environmental benefits of bioenergy, these strategic plans shall be based on analyses of: (1) the economic impacts of expanded biomass production and use; and (2) the impacts on national environmental objectives, including reducing greenhouse gas emissions. Specifically, these plans shall include: (1) a description of priorities for research, development, demonstration, and other investments in biobased products and bioenergy; (2) a coordinated Federal program of research, building on the research budgets of each participating agency; and (3) proposals for using existing agency authorities to encourage the adoption and use of biobased products and bioenergy and recommended legislation for modifying these authorities or creating new authorities if needed. (e) The first annual strategic plan shall be submitted to the President within 8 months from the date of this order. (f) The Council shall coordinate its activities with actions called for in all relevant Executive orders and shall not be in conflict with proposals advocated by other Executive orders. [Secs. 3 and 4. Revoked by Ex. Ord. No. 13225, Sec. 3(a), Sept. 28, 2001, 66 F.R. 50291.] Sec. 5. Duties of the Departments of Agriculture and Energy. The Secretaries of the Departments of Agriculture and Energy, to the extent permitted by law and subject to the availability of appropriations, shall each establish a working group on biobased products and biobased activities in their respective Departments. Consistent with the Federal biobased products and bioenergy strategic plans described in sections 2(c) and (d) of this order, the working groups shall: (1) provide strategic planning and policy advice on the Department's research, development, and commercialization of biobased products and bioenergy; and (2) identify research activities and demonstration projects to address new opportunities in the areas of biomass production, biobased product and bioenergy production, and related fundamental research. The chair of each Department's working group shall be a senior official who reports directly to the agency head. If the Secretary of Agriculture or Energy serves on the Interagency Council on Biobased Products and Bioenergy through a designee, the designee should be the chair of the Department's working group. Sec. 6. Establishment of a National Biobased Products and Bioenergy Coordination Office. Within 120 days of this order, the Secretaries of Agriculture and Energy shall establish a joint National Biobased Products and Bioenergy Coordination Office ("Office") to ensure effective day-to-day coordination of actions designed to implement the strategic plans and guidance provided by the Council and respond to recommendations made by the Committee. All agencies represented on the Council, or that have capabilities and missions related to the work of the Council, shall be invited to participate in the operation of the Office. The Office shall: (a) serve as an executive secretariat and support the work of the Council, as determined by the Council, including the coordination of multi-agency, integrated research, development, and demonstration ("RD&D") activities; (b) use advanced communication and computational tools to facilitate research coordination and collaborative research by participating Federal and nonfederal research facilities and to perform activities in support of RD&D on biobased product and bioenergy development, including strategic planning, program analysis and evaluation, communications networking, information and data dissemination and technology transfer, and collaborative team building for RD&D projects; and (c) facilitate use of new information technologies for rapid dissemination of information on biobased products and bioenergy to and among farm operators; agribusiness, chemical, forest products, energy, and other business sectors; the university community; and public interest groups that could benefit from timely and reliable information. Sec. 7. Definitions. For the purposes of this order: (a) The term "biomass" means any organic matter that is available on a renewable or recurring basis (excluding old-growth timber), including dedicated energy crops and trees, agricultural food and feed crop residues, aquatic plants, wood and wood residues, animal wastes, and other waste materials. (b) The term "biobased product," as defined in Executive Order 13101 [42 U.S.C. 6961 note], means a commercial or industrial product (other than food or feed) that utilizes biological products or renewable domestic agricultural (plant, animal, and marine) or forestry materials. (c) The term "bioenergy" means biomass used in the production of energy (electricity; liquid, solid, and gaseous fuels; and heat). (d) The term "old growth timber" means timber of a forest from the late successional stage of forest development. The forest contains live and dead trees of various sizes, species, composition, and age class structure. The age and structure of old growth varies significantly by forest type and from one biogeoclimatic zone to another. Sec. 8. Judicial Review. This order does not create any enforceable rights against the Unites States, its agencies, its officers, or any person. -End- -CITE- 7 USC Sec. 8602 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- Sec. 8602. Definitions -STATUTE- In this chapter: (1) Advisory Committee The term "Advisory Committee" means the Biomass Research and Development Technical Advisory Committee established by section 8605 of this title. (2) Biobased fuel The term "biobased fuel" means any transportation fuel produced from biomass. (3) Biobased product The term "biobased product" means an industrial product (including chemicals, materials, and polymers) produced from biomass, or a commercial or industrial product (including animal feed and electric power) derived in connection with the conversion of biomass to fuel. (4) Biomass The term "biomass" means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials. (5) Board The term "Board" means the Biomass Research and Development Board established by section 8604 of this title. (6) Demonstration The term "demonstration" means demonstration of technology in a pilot plant or semi-works scale facility. (7) Initiative The term "Initiative" means the Biomass Research and Development Initiative established under section 8606 of this title. (8) Institution of higher education The term "institution of higher education" has the meaning given the term in section 1002(a) of title 20. (9) National Laboratory The term "National Laboratory" has the meaning given that term in section 15801 of title 42. (10) Point of contact The term "point of contact" means a point of contact designated under section 8603(d) (!1) of this title. -SOURCE- (Pub. L. 106-224, title III, Sec. 303, June 20, 2000, 114 Stat. 429; Pub. L. 109-58, title IX, Sec. 941(a), Aug. 8, 2005, 119 Stat. 873.) -REFTEXT- REFERENCES IN TEXT Subsec. (d) of section 8603 this title, referred to in par. (10), was redesignated subsec. (b) by Pub. L. 109-58, title IX, Sec. 941(b)(3), Aug. 8, 2005, 119 Stat. 874. -MISC1- AMENDMENTS 2005 - Par. (2). Pub. L. 109-58, Sec. 941(a)(1), (3), added par. (2) and struck out heading and text of former par. (2). Text read as follows: "The term 'biobased industrial product' means fuels, chemicals, building materials, or electric power or heat produced from biomass." Pars. (3) to (8). Pub. L. 109-58, Sec. 941(a)(2)-(4), added pars. (3) and (6) and redesignated former pars. (3), (4), (5), and (6) as (4), (5), (7), and (8), respectively. Former pars. (7) and (8) redesignated (9) and (10), respectively. Par. (9). Pub. L. 109-58, Sec. 941(a)(5), added par. (9) and struck out heading and text of former par. (9). Text read as follows: "The term 'national laboratory' has the meaning given the term 'laboratory' in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d))." Pub. L. 109-58, Sec. 941(a)(1), (2), redesignated par. (7) as (9) and struck out heading and text of former par. (9). Text read as follows: "The term 'processing' means the derivation of biobased industrial products from biomass, including - "(A) feedstock production; "(B) harvest and handling; "(C) pretreatment or thermochemical processing; "(D) fermentation; "(E) catalytic processing; "(F) product recovery; and "(G) coproduct production." Par. (10). Pub. L. 109-58, Sec. 941(a)(1), (2), redesignated par. (8) as (10) and struck out heading and text of former par. (10). Text read as follows: "The term 'research and development' means research, development, and demonstration." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 7 USC Sec. 8603 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- Sec. 8603. Cooperation and coordination in biomass research and development -STATUTE- (a) In general The Secretary of Agriculture and the Secretary of Energy shall cooperate with respect to, and coordinate, policies and procedures that promote research and development leading to the production of biobased fuels and biobased products. (b) Points of contact (1) In general To coordinate research and development programs and activities relating to biobased fuels 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. (2) Duties The points of contact shall jointly - (A) assist in arranging interlaboratory and site-specific supplemental agreements for research and development projects relating to biobased fuels and biobased products; (B) serve as cochairpersons of the Board; (C) administer the Initiative; and (D) respond in writing to each recommendation of the Advisory Committee made under section 8605(c) of this title. -SOURCE- (Pub. L. 106-224, title III, Sec. 304, June 20, 2000, 114 Stat. 430; Pub. L. 109-58, title IX, Sec. 941(b), Aug. 8, 2005, 119 Stat. 874.) -MISC1- AMENDMENTS 2005 - Subsec. (a). Pub. L. 109-58, Sec. 941(b)(1), substituted "fuels and biobased products" for "industrial products". Subsecs. (b), (c). Pub. L. 109-58, Sec. 941(b)(2), (3), redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c), which related to purposes of the cooperation and coordination and areas of promotion of research and development. Subsec. (d). Pub. L. 109-58, Sec. 941(b)(3), redesignated subsec. (d) as (b). Pub. L. 109-58, Sec. 941(b)(1), substituted "fuels and biobased products" for "industrial products" in two places. -End- -CITE- 7 USC Sec. 8604 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- Sec. 8604. Biomass Research and Development Board -STATUTE- (a) Establishment There is established the Biomass Research and Development Board, which shall supersede the Interagency Council on Biobased Products and Bioenergy established by Executive Order No. 13134, to coordinate programs within and among departments and agencies of the Federal Government for the purpose of promoting the use of biobased fuels and biobased products by - (1) maximizing the benefits deriving from Federal grants and assistance; and (2) bringing coherence to Federal strategic planning. (b) Membership The Board shall consist of - (1) the point of contact of the Department of Energy designated under section 8603(b)(1)(B) of this title, who shall serve as cochairperson of the Board; (2) the point of contact of the Department of Agriculture designated under section 8603(b)(1)(A) of this title, who shall serve as cochairperson of the Board; (3) 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 - (A) be appointed by the head of the respective agency; and (B) have a rank that is equivalent to the rank of the points of contact; and (4) at the option of the Secretary of Agriculture and the Secretary of Energy, other members appointed by the Secretaries (after consultation with the members described in paragraphs (1) through (3)). (c) Duties The Board shall - (1) coordinate research and development activities relating to biobased fuels and biobased products - (A) between the Department of Agriculture and the Department of Energy; and (B) with other departments and agencies of the Federal Government; (2) provide recommendations to the points of contact concerning administration of this chapter; (3) ensure that - (A) solicitations are open and competitive with awards made annually; and (B) objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest; and (4) ensure that the panel of scientific and technical peers assembled under section 8606(g)(1)(C) of this title to review proposals is composed predominantly of independent experts selected from outside the Departments of Agriculture and Energy. (d) Funding Each agency represented on the Board is encouraged to provide funds for any purpose under this chapter. (e) Meetings The Board shall meet at least quarterly to enable the Board to carry out the duties of the Board under subsection (c). -SOURCE- (Pub. L. 106-224, title III, Sec. 305, June 20, 2000, 114 Stat. 431; Pub. L. 109-58, title IX, Sec. 941(c), Aug. 8, 2005, 119 Stat. 874.) -REFTEXT- REFERENCES IN TEXT Executive Order No. 13134, referred to in subsec. (a), is set out as a note under section 8601 of this title. -MISC1- AMENDMENTS 2005 - Subsec. (a). Pub. L. 109-58, Sec. 941(c)(1), substituted "fuels and biobased products" for "industrial products" in introductory provisions. Subsec. (b)(1). Pub. L. 109-58, Sec. 941(c)(2)(A), substituted "8603(b)(1)(B)" for "8603(d)(1)(B)". Subsec. (b)(2). Pub. L. 109-58, Sec. 941(c)(2)(B), substituted "8603(b)(1)(A)" for "8603(d)(1)(A)". Subsec. (c)(1). Pub. L. 109-58, Sec. 941(c)(1), substituted "fuels and biobased products" for "industrial products" in introductory provisions. Subsec. (c)(3), (4). Pub. L. 109-58, Sec. 941(c)(3), added pars. (3) and (4). -End- -CITE- 7 USC Sec. 8605 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- Sec. 8605. Biomass Research and Development Technical Advisory Committee -STATUTE- (a) Establishment There is established the Biomass Research and Development Technical Advisory Committee, which shall supersede the Advisory Committee on Biobased Products and Bioenergy established by Executive Order No. 13134 - (1) to advise the Secretary of Energy, the Secretary of Agriculture, and the points of contact concerning - (A) the technical focus and direction of requests for proposals issued under the Initiative; and (B) procedures for reviewing and evaluating the proposals; (2) to facilitate consultations and partnerships among Federal and State agencies, agricultural producers, industry, consumers, the research community, and other interested groups to carry out program activities relating to the Initiative; and (3) to evaluate and perform strategic planning on program activities relating to the Initiative. (b) Membership (1) In general The Advisory Committee shall consist of - (A) an individual affiliated with the biofuels industry; (B) an individual affiliated with the biobased industrial and commercial products industry; (C) an individual affiliated with an institution of higher education who has expertise in biobased fuels and biobased products; (D) two prominent engineers or scientists from government or academia who have expertise in biobased fuels and biobased products; (E) an individual affiliated with a commodity trade association; (F) 2 individuals affiliated with an environmental or conservation organization; (G) an individual associated with State government who has expertise in biobased fuels and biobased products; (H) an individual with expertise in energy and environmental analysis; (I) an individual with expertise in the economics of biobased fuels and biobased products; (J) an individual with expertise in agricultural economics; and (K) at the option of the points of contact, other members. (2) Appointment The members of the Advisory Committee shall be appointed by the points of contact. (c) Duties The Advisory Committee shall - (1) advise the points of contact with respect to the Initiative; and (2) evaluate whether, and make recommendations in writing to the Board to ensure that - (A) funds authorized for the Initiative are distributed and used in a manner that is consistent with the objectives, purposes, and considerations of the Initiative; (B) solicitations are open and competitive with awards made annually and that objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest; (C) 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 (D) activities under this chapter are carried out in accordance with this chapter. (d) Coordination To avoid duplication of effort, the Advisory Committee shall coordinate its activities with those of other Federal advisory committees working in related areas. (e) Meetings The Advisory Committee shall meet at least quarterly to enable the Advisory Committee to carry out the duties of the Advisory Committee under subsection (c). (f) Terms Members of the Advisory Committee shall be appointed for a term of 3 years, except that - (1) one-third of the members initially appointed shall be appointed for a term of 1 year; and (2) one-third of the members initially appointed shall be appointed for a term of 2 years. -SOURCE- (Pub. L. 106-224, title III, Sec. 306, June 20, 2000, 114 Stat. 432; Pub. L. 109-58, title IX, Sec. 941(d), Aug. 8, 2005, 119 Stat. 874.) -REFTEXT- REFERENCES IN TEXT Executive Order No. 13134, referred to in subsec. (a), is set out as a note under section 8601 of this title. -MISC1- AMENDMENTS 2005 - Subsec. (b)(1)(A). Pub. L. 109-58, Sec. 941(d)(1)(A), substituted "biofuels" for "biobased industrial products". Subsec. (b)(1)(B). Pub. L. 109-58, Sec. 941(d)(1)(C), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (b)(1)(C), (D). Pub. L. 109-58, Sec. 941(d)(1)(B), (E), redesignated subpars. (B) and (C) as (C) and (D), respectively, and substituted "fuels and biobased products" for "industrial products". Former subpar. (D) redesignated (E). Subsec. (b)(1)(E). Pub. L. 109-58, Sec. 941(d)(1)(B), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). Subsec. (b)(1)(F). Pub. L. 109-58, Sec. 941(d)(1)(D), which directed amendment of subpar. (F) by substituting "2 individuals have" for "an individual has", was executed by substituting "2 individuals" for "an individual" to reflect the probable intent of Congress. Pub. L. 109-58, Sec. 941(d)(1)(B), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G). Subsec. (b)(1)(G). Pub. L. 109-58, Sec. 941(d)(1)(B), (E), redesignated subpar. (F) as (G) and substituted "fuels and biobased products" for "industrial products". Former subpar. (G) redesignated (H). Subsec. (b)(1)(H). Pub. L. 109-58, Sec. 941(d)(1)(B), (F), redesignated subpar. (G) as (H) and inserted "and environmental" before "analysis". Former subpar. (H) redesignated (I). Subsec. (b)(1)(I). Pub. L. 109-58, Sec. 941(d)(1)(B), (E), redesignated subpar. (H) as (I) and substituted "fuels and biobased products" for "industrial products". Former subpar. (I) redesignated (J). Subsec. (b)(1)(J), (K). Pub. L. 109-58, Sec. 941(d)(1)(B), redesignated subpars. (I) and (J) as (J) and (K), respectively. Subsec. (c)(2)(A). Pub. L. 109-58, Sec. 941(d)(2)(A), substituted "objectives, purposes, and considerations" for "goals". Subsec. (c)(2)(B). Pub. L. 109-58, Sec. 941(d)(2)(C), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (c)(2)(C). Pub. L. 109-58, Sec. 941(d)(2)(B), (D), redesignated subpar. (B) as (C) and inserted "predominantly from outside the Departments of Agriculture and Energy" after "technical peers". Former subpar. (C) redesignated (D). Subsec. (c)(2)(D). Pub. L. 109-58, Sec. 941(d)(2)(B), redesignated subpar. (C) as (D). -End- -CITE- 7 USC Sec. 8606 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- Sec. 8606. Biomass Research and Development Initiative -STATUTE- (a) In general 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, biobased fuels and biobased products, and the methods, practices and technologies, for their production. (b) Objectives The objectives of the Initiative are to develop - (1) technologies and processes necessary for abundant commercial production of biobased fuels at prices competitive with fossil fuels; (2) high-value biobased products - (A) to enhance the economic viability of biobased fuels and power; and (B) as substitutes for petroleum-based feedstocks and products; and (3) a diversity of sustainable domestic sources of biomass for conversion to biobased fuels and biobased products. (c) Purposes The purposes of the Initiative are - (1) to increase the energy security of the United States; (2) to create jobs and enhance the economic development of the rural economy; (3) to enhance the environment and public health; and (4) to diversify markets for raw agricultural and forestry products. (d) Technical areas To advance the objectives and purposes of the Initiative, 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 section as the "Secretaries"), shall direct research and development toward - (1) feedstock production through the development of crops and cropping systems relevant to production of raw materials for conversion to biobased fuels and biobased products, including - (A) development of advanced and dedicated crops with desired features, including enhanced productivity, broader site range, low requirements for chemical inputs, and enhanced processing; (B) advanced crop production methods to achieve the features described in subparagraph (A); (C) feedstock harvest, handling, transport, and storage; and (D) strategies for integrating feedstock production into existing managed land; (2) overcoming recalcitrance of cellulosic biomass through developing technologies for converting cellulosic biomass into intermediates that can subsequently be converted into biobased fuels and biobased products, including - (A) pretreatment in combination with enzymatic or microbial hydrolysis; and (B) thermochemical approaches, including gasification and pyrolysis; (3) product diversification through technologies relevant to production of a range of biobased products (including chemicals, animal feeds, and cogenerated power) that eventually can increase the feasibility of fuel production in a biorefinery, including - (A) catalytic processing, including thermochemical fuel production; (B) metabolic engineering, enzyme engineering, and fermentation systems for biological production of desired products or cogeneration of power; (C) product recovery; (D) power production technologies; and (E) integration into existing biomass processing facilities, including starch ethanol plants, paper mills, and power plants; and (4) analysis that provides strategic guidance for the application of biomass technologies in accordance with realization of improved sustainability and environmental quality, cost effectiveness, security, and rural economic development, usually featuring system-wide approaches. (e) Additional considerations Within the technical areas described in subsection (d), and in addition to advancing the purposes described in subsection (c) and the objectives described in subsection (b), the Secretaries shall support research and development - (1) to create continuously expanding opportunities for participants in existing biofuels production by seeking synergies and continuity with current technologies and practices, such as the use of dried distillers grains as a bridge feedstock; (2) to maximize the environmental, economic, and social benefits of production of biobased fuels and biobased products on a large scale through life-cycle economic and environmental analysis and other means; and (3) to assess the potential of Federal land and land management programs as feedstock resources for biobased fuels and biobased products, consistent with the integrity of soil and water resources and with other environmental considerations. (f) Eligible entities To be eligible for a grant, contract, or assistance under this section, an applicant shall be - (1) an institution of higher education; (2) a National Laboratory; (3) a Federal research agency; (4) a State research agency; (5) a private sector entity; (6) a nonprofit organization; or (7) a consortium of two or more entities described in paragraphs (1) through (6). (g) Administration (1) In general After consultation with the Board, the points of contact shall - (A) publish annually one or more joint requests for proposals for grants, contracts, and assistance under this section; (B) require that grants, contracts, and assistance under this section be awarded competitively, on the basis of merit, after the establishment of procedures that provide for scientific peer review by an independent panel of scientific and technical peers; and (C) give some preference 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. (2) Distribution of funding by technical area Of the funds authorized to be appropriated for activities described in this section, funds shall be distributed for each of fiscal years 2007 through 2010 so as to achieve an approximate distribution of - (A) 20 percent of the funds to carry out activities for feedstock production under subsection (d)(1); (B) 45 percent of the funds to carry out activities for overcoming recalcitrance of cellulosic biomass under subsection (d)(2); (C) 30 percent of the funds to carry out activities for product diversification under subsection (d)(3); and (D) 5 percent of the funds to carry out activities for strategic guidance under subsection (d)(4). (3) Distribution of funding within each technical area Within each technical area described in paragraphs (1) through (3) of subsection (d), funds shall be distributed for each of fiscal years 2007 through 2010 so as to achieve an approximate distribution of - (A) 15 percent of the funds for applied fundamentals; (B) 35 percent of the funds for innovation; and (C) 50 percent of the funds for demonstration. (4) Matching funds (A) In general A minimum 20 percent funding match shall be required for demonstration projects under this chapter. (B) Commercial applications A minimum of 50 percent funding match shall be required for commercial application projects under this chapter. (5) Technology and information transfer to agricultural users The Administrator of the Cooperative State Research, Education, and Extension Service and the Chief of the Natural Resources Conservation Service shall ensure that applicable research results and technologies from the Initiative are adapted, made available, and disseminated through those services, as appropriate. -SOURCE- (Pub. L. 106-224, title III, Sec. 307, June 20, 2000, 114 Stat. 433; Pub. L. 107-171, title IX, Sec. 9008(a)(1), May 13, 2002, 116 Stat. 483; Pub. L. 108-148, title II, Sec. 201(a), Dec. 3, 2003, 117 Stat. 1901; Pub. L. 109-58, title IX, Sec. 941(e), Aug. 8, 2005, 119 Stat. 875.) -MISC1- AMENDMENTS 2005 - Subsec. (a). Pub. L. 109-58, Sec. 941(e)(1), substituted "research on, and development and demonstration of, biobased fuels and biobased products, and the methods, practices and technologies, for their production" for "research on biobased industrial products". Subsecs. (b) to (g). Pub. L. 109-58, Sec. 941(e)(2), added subsecs. (b) to (g) and struck out former subsecs. (b) to (e), which related, respectively, to purposes of grants, contracts, and assistance, eligible entities, uses of grants, contracts, and assistance, and transfer of technology and information to agricultural users. 2003 - Subsec. (d)(5). Pub. L. 108-148 added par. (5). 2002 - Subsec. (f). Pub. L. 107-171 struck out subsec. (f), which provided that in addition to funds appropriated for biomass research and development under the general authority of the Secretary of Energy to conduct research and development programs (which could also be used to carry out this chapter), there were authorized to be appropriated to the Department of Agriculture to carry out this chapter $49,000,000 for each of fiscal years 2000 through 2005. -End- -CITE- 7 USC Sec. 8607 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- Sec. 8607. Administrative support and funds -STATUTE- (a) In general To the extent administrative support and funds are not provided by other agencies under subsection (b), 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 chapter. (b) Other agencies The heads of the agencies referred to in section 8604(b)(3) of this title, and the other members appointed under section 8604(b)(4) of this title, may, and are encouraged to, provide administrative support and funds of their respective agencies to the Board and the Advisory Committee. (c) Limitation Not more than 4 percent of the amount appropriated for each fiscal year under section 8606(f) (!1) of this title may be used to pay the administrative costs of carrying out this chapter. -SOURCE- (Pub. L. 106-224, title III, Sec. 308, June 20, 2000, 114 Stat. 436.) -REFTEXT- REFERENCES IN TEXT Subsection (f) of section 8606 of this title, referred to in subsec. (c), was repealed by Pub. L. 107-171, title IX, Sec. 9008(a)(1), May 13, 2002, 116 Stat. 483. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 7 USC Sec. 8608 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- Sec. 8608. Reports -STATUTE- (a) Initial report Not later than 180 days after June 20, 2000, the Secretary of Energy and the Secretary of Agriculture shall jointly submit to Congress a report that - (1) identifies the points of contact, the members of the Board, and the members of the Advisory Committee; (2) describes the status of current biobased industrial product research and development efforts in both the Federal Government and private sector; (3) includes a section prepared by the Board that establishes a set of criteria to assess the potential of biobased industrial products, which shall include for both biomass production and transformation into biobased industrial products - (A) an energy accounting; (B) an environmental impact assessment; and (C) an economic assessment; and (4) describes the research and development goals of the Initiative, including how funds will be allocated in order to accomplish those goals. (b) Annual reports For each fiscal year for which funds are made available to carry out this chapter, 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 - (A) is consistent with the objectives, purposes, and additional considerations described in subsections (b) through (e) of section 8606 of this title; (B) uses the set of criteria established under subsection (a)(3); (C) achieves the distribution of funds described in paragraphs (2) and (3) of section 8606(g) of this title; and (D) takes into account any recommendations that have been made by the Advisory Committee; (2) the general status of cooperation and research and development efforts carried out at each agency with respect to biobased fuels and biobased products, including a report from the Advisory Committee on whether the points of contact are funding proposals that are selected under section 8606(c)(2)(C) (!1) of this title; 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. (c) Updates The Secretary and the Secretary of Energy shall update the Vision and Roadmap documents prepared for Federal biomass research and development activities. -SOURCE- (Pub. L. 106-224, title III, Sec. 309, June 20, 2000, 114 Stat. 437; Pub. L. 109-58, title IX, Sec. 941(f), Aug. 8, 2005, 119 Stat. 878.) -REFTEXT- REFERENCES IN TEXT Subsec. (c)(2)(C) of section 8606 of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 109-58, title IX, Sec. 941(e)(2), Aug. 8, 2005, 119 Stat. 875. -MISC1- AMENDMENTS 2005 - Subsec. (b)(1)(A). Pub. L. 109-58, Sec. 941(f)(1)(A)(i), substituted "objectives, purposes, and additional considerations described in subsections (b) through (e) of section 8606 of this title" for "purposes described in section 8606(b) of this title". Subsec. (b)(1)(C), (D). Pub. L. 109-58, Sec. 941(f)(1)(A)(ii)- (iv), added subpar. (C) and redesignated former subpar. (C) as (D). Subsec. (b)(2). Pub. L. 109-58, Sec. 941(f)(1)(B), substituted "fuels and biobased products" for "industrial products". Subsec. (c). Pub. L. 109-58, Sec. 941(f)(2), added subsec. (c). -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 7 USC Sec. 8609 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 112 - BIOMASS RESEARCH AND DEVELOPMENT -HEAD- Sec. 8609. Funding -STATUTE- (a) Funding Of funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this chapter - (1) $5,000,000 for fiscal year 2002; and (2) $14,000,000 for each of fiscal years 2003 through 2007; to remain available until expended. (b) Authorization of appropriations In addition to amounts transferred under subsection (a), there are authorized to be appropriated to carry out this chapter $200,000,000 for each of fiscal years 2006 through 2015. -SOURCE- (Pub. L. 106-224, title III, Sec. 310, as added Pub. L. 107-171, title IX, Sec. 9008(a)(3), May 13, 2002, 116 Stat. 483; amended Pub. L. 108-148, title II, Sec. 201(b), Dec. 3, 2003, 117 Stat. 1901; Pub. L. 109-58, title IX, Sec. 941(g), Aug. 8, 2005, 119 Stat. 878.) -MISC1- PRIOR PROVISIONS A prior section 310 of Pub. L. 106-224, title III, June 20, 2000, 114 Stat. 437, renumbered section 311 and amended Pub. L. 107-171, title IX, Sec. 9008(a)(2), (b), May 13, 2002, 116 Stat. 483, formerly set out in a note under section 8101 of this title, provided this chapter would terminate Sept. 30, 2007, prior to repeal by Pub. L. 109-58, title IX, Sec. 941(h), Aug. 8, 2005, 119 Stat. 878. See Codification note preceding this chapter. AMENDMENTS 2005 - Subsec. (b). Pub. L. 109-58 substituted "$200,000,000 for each of fiscal years 2006 through 2015" for "$54,000,000 for each of fiscal years 2002 through 2007". 2003 - Subsec. (b). Pub. L. 108-148 substituted "$54,000,000" for "$49,000,000". -End-