1.Biofuels Innovation
ProgramTitle IX of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by
adding at the end the following:
9012.Biofuels
Innovation Program
(a)The
purpose of this section is to establish a Biofuels Innovation Program—
(1)to encourage
production of dedicated energy crops in a sustainable manner that protects the
soil, air, water, and wildlife of the United States; and
(2)to provide
financial and technical assistance to owners and operators of eligible cropland
to produce dedicated energy crops and crop mixes of suitable quality and in
sufficient quantities to support and induce development and expansion of the
use of the crop for—
(A)biofuels;
(B)power or heat
generation to supplement or replace nonbiobased energy sources; and
(C)biobased products
to supplement or replace non biobased products;
(3)to establish
Biofuels Innovation Program project areas; and
(4)to provide
financial and technical assistance to owners and operators for harvesting,
storing, and transporting cellulosic material.
(b)In
this section:
(1)Beginning
farmer or rancherThe term beginning farmer or
rancher has the meaning given the term in section 343(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).
(2)The
term BIP means the Biofuels Innovation Program established under
this section.
(3)The term BIP project area means an area
that—
(A)has eligible
cropland that—
(i)is owned or
operated by eligible participants; and
(ii)has specified
boundaries that are submitted to the Secretary by eligible participants and
subsequently approved by the Secretary; and
(B)is physically
located within a 70-mile radius of an existing or proposed biofuels facility or
another boundary, as determined by the Secretary.
(4)Conservation
reserve programThe term conservation reserve
program means the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3831 et seq.).
(5)Conservation
security programThe term conservation security
program means the conservation security program established under
subchapter A of chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838 et seq.).
(6)The term contract acreage means eligible
cropland that is—
(A)enrolled in the
BIP by an eligible participant; and
(B)covered by a BIP
contract entered into with the Secretary.
(7)
(A)The term eligible cropland means land that
the applicable county committee of the Farm Service Agency determines—
(i)is currently
being tilled for the production of a crop for harvest; or
(ii)is not currently
being tilled but has been tilled in a prior crop year and is suitable for
production of an eligible dedicated energy crop.
(B)The
term eligible cropland includes—
(i)land that in the
native state of the land was not forest land, if the land is planted with
nonwoody eligible dedicated energy crops and, for at least 3 of the 5 crop
years preceding the date of enactment of this section, the land has
been—
(I)devoted to
managed pasture; or
(II)enrolled in the
conservation reserve program and the conservation reserve program contract has
been voluntarily terminated or is expired; and
(ii)land that in the
native state of land was forest land, if the land is planted with woody or
nonwoody eligible dedicated energy crops and the land has been—
(I)forest land but
subsequently clear-cut during the 2-year period ending on the date of enactment
of this section; or
(II)converted from
forest land before the 5-year period ending on the date of enactment of this
section and—
- (aa)has been tilled
for the production of a crop for harvest;
- (bb)devoted to
managed pasture; or
- (cc)enrolled in the
conservation reserve program for at least 3 of the 5 five crop years preceding
the date of enactment of this section and is no longer covered by a
conservation reserve program contract.
(C)The
term eligible cropland does not include—
(i)Federally-owned
land;
(ii)land enrolled
in—
(I)the conservation
reserve program;
(II)the grassland
reserve program; or
(III)the wetlands
reserve program;
(iii)land with
greater than 50 percent cover of native nonwoody vegetation or forest land, as
of the date of enactment of this section (other than land described in
subparagraph (B)(iii)); and
(iv)land that
historically was not native forest land, if planted to woody crops.
(8)Eligible
dedicated energy crop
(A)The term eligible dedicated energy crop
means any crop native to the United States, or another crop, as determined by
the Secretary, grown specifically to provide raw materials for—
(i)conversion to
liquid transportation fuels or chemicals through biochemical or thermochemical
processes; or
(ii)energy
generation through combustion, pyrolysis, or cofiring.
(B)The
term eligible dedicated energy crop does not include—
(i)any crop that is
eligible for payments under title I or a successor title; or
(ii)any plant that
is invasive or noxious or has the potential to become invasive or noxious, as
determined by—
(I)the Secretary of
the Interior (acting through the United States Fish and Wildlife
Service);
(II)the Secretary;
or
(III)- (aa)the head of an
applicable State department of agriculture; or
- (bb)the head of an applicable State
conservation agency.
(9)The term eligible participant means an
owner or operator of contract acreage that is physically located within a BIP
project area .
(10)The term Federally-owned land means land owned
by—
(A)the Federal
Government (including any department, instrumentality, bureau, or agency of the
Federal Government); or
(B)any corporation
whose stock is wholly owned by the Federal Government.
(11)The term forest land means an ecosystem that is
at least 1 acre in size (including timberland and woodland) and that (as
determined by the Secretary)—
(A)is characterized
by dense and extensive tree cover;
(B)contains, or once
contained, at least 10 percent tree crown cover; and
(C)is not developed
and planned for exclusive nonforest resource use.
(12)Grassland
reserve programThe term grassland reserve program
means the grassland reserve program established under subchapter C of chapter 2
of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et
seq.).
(13)The term managed pasture means land
that—
(A)is currently
vegetated with less than 25 percent native plant cover;
(B)has been
converted from noncropland to cropland during the 30-year period ending on the
date of enactment of this section; and
(C)has been actively
managed for intensive livestock grazing.
(14)The
term operator means an individual, entity, or joint operation
that, as determined by the applicable county committee of the Farm Service
Agency, is in general control of the farming operations on a farm during the
applicable crop year.
(15)
(A)The term owner means a person that has legal
ownership of eligible cropland.
(B)The
term owner includes—
(i)a
person that is buying eligible cropland under a contract for deed;
(ii)a person that
has a life estate in eligible cropland; and
(iii)for the
purposes of enrolling eligible cropland in the BIP, a person that has purchased
a farm in a foreclosure proceeding and—
(I)the redemption
period has not passed; and
(II)the original
owner has not redeemed the property.
(16)The
term Secretary means the Secretary of Agriculture, acting through
the Natural Resources Conservation Service.
(17)Socially
disadvantaged farmer or rancherThe term socially
disadvantaged farmer or rancher means a farmer or rancher who—
(A)is a member of a
socially disadvantaged group (as defined in section 355(e) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2003(e)));
(B)has limited
resources; or
(C)is a member of a
federally recognized Indian tribe.
(18)The
term State means each of the several States of the United
States.
(19)The term wetlands reserve program
means the wetlands reserve program established under subchapter C of chapter 1
of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et
seq.).
(c)Not
later than 180 days after the date of enactment of this section, the Secretary
shall establish a Biofuels Innovation Program in accordance with this
section.
(d)Proposals for
BIP project areas
(1)To be considered a BIP project area, an eligible
applicant shall submit to the Secretary, through the Under Secretary for Rural
Development, for approval a written proposal that—
(A)identifies the
eligible cropland that will be a part of the proposed BIP project area;
and
(B)indicates a
strong likelihood that the proposed BIP project area will generate a sufficient
quantity of biomass from eligible dedicated energy crops and acres or other
sources to supply an existing biofuels facility, or to attract a new biofuels
facility to an area, to meet the purposes of the BIP.
(2)The written proposal for a proposed BIP project area
shall include, at a minimum—
(A)a description of
the eligible cropland of each eligible participant that will participate in the
proposed BIP project area, including—
(i)the quantity of
eligible cropland of each eligible participant;
(ii)the physical
location of the eligible cropland;
(iii)the 1 or more
eligible dedicated energy crops that will be produced on the eligible cropland;
and
(iv)the type of land
use or crop that will be displaced by the eligible dedicated energy
crop;
(B)(i)the name, if available,
and type, location, and description of the existing or proposed biofuel
facility that will use the eligible dedicated energy crops to be produced in
the proposed BIP project area;
(ii)a letter of commitment to build a
proposed bioenergy facility that will use the eligible dedicated energy crops
intended to be produced in the proposed BIP project area; or
(iii)a letter of commitment from an
existing bioenergy facility that the facility will use the eligible dedicated
energy crops intended to be produced in the proposed BIP project area;
(C)a general
analysis of the anticipated local economic impact of the proposed BIP project;
and
(D)any additional
information needed to determine the eligibility for, and ranking of, the
proposal, as determined by the Secretary.
(3)Applicants that are eligible to submit a proposal for
a BIP project area include—
(A)a collective
group of owners and operators producing or proposing to produce eligible
dedicated energy crops;
(B)an energy or
agricultural company or refinery;
(C)a Resource
Conservation and Development council; and
(D)any other entity
that submits an acceptable proposal for production and use of an eligible
dedicated energy crop that promotes the purposes of the BIP.
(4)Individual
owners and operatorsAn individual owner or operator may not
submit an individual proposal to participate in the BIP.
(e)Eligibility
criteria for BIP project areas
(1)The
Secretary shall establish a system for ranking BIP project areas.
(2)The
Secretary shall rank proposed BIP project areas on the basis of whether (in
order of ranking)—
(A)there is a high
probability that the eligible dedicated energy crops proposed to be produced in
the proposed BIP project area will be used for the purposes of the BIP;
(B)the proposed BIP
project area includes applications of eligible participants that provide
adequate potential feedstocks and suitable placement with respect to existing
or proposed bioenergy facility;
(C)a significant
potential for a positive economic impact exists in the proposed BIP project
area;
(D)ownership of the
biofuels facility in the proposed BIP project area is available to producers
and local investors;
(E)the participation
rate by beginning farmers or ranchers or socially disadvantaged farmers or
ranchers;
(F)the proposed BIP
project area includes applications of eligible participants that have the
greatest potential to improve soil conservation and water quality, and enhance
wildlife habitat, when compared to existing land uses; and
(G)the proposed
eligible dedicated energy crop harvesting practices on contract acreage
maximize land stewardship and habitat goals.
(f)Business
planning and assistance grants
(1)The Secretary, acting through the Under Secretary for
Rural Development, shall provide BIP business planning and assistance grants to
eligible applicants—
(A)for the purpose
of—
(i)establishing BIP
project areas; and
(ii)hiring
consultants and technical and other relevant experts for the purpose of
providing expert guidance and technical assistance to potential eligible
participants; and
(B)in an amount not
to exceed $30,000 in matching funds, at a rate of $3 for every $2 provided by
the eligible applicant.
(2)Funds
provided under this subsection may be used to conduct feasibility analyses and
planning for inclusion of—
(A)agricultural
waste biomass;
(B)sustainably-harvested
agricultural and forest residues; and
(C)biomass produced
on land subject to a BIP contract.
(3)The
total amount of funds used to carry out this subsection shall not exceed
$5,000,000.
(g)Forest biomass
planning grants
(1)The Secretary shall provide forest biomass planning
assistance grants to private landowners to develop forest stewardship plans
that involve sustainable management of biomass from land of the private
landowners that will preserve diversity, soil, water, or wildlife values of the
land, while ensuring a steady supply of biomass material, through—
(A)State forestry
agencies, in consultation with State wildlife agencies; and
(B)technical service
provider arrangements with third-party, independent forest sustainability
certification programs.
(2)The
total amount of funds used to carry out this subsection shall not exceed
$5,000,000.
(h)The Secretary shall enroll not more than 5,000,000
acres of eligible cropland in the BIP at any 1 time.
(i)
(1)Subject to paragraph (2), for purposes of carrying out
the BIP, the Secretary shall enter into contracts of 10 years.
(2)The Secretary may terminate a contract early if the
Secretary determines that—
(A)contract acreage
will not be used to produce an eligible dedicated energy crop (as determined
not earlier than 5 years after entering into a contract);
(B)a material breach
of the contract has occurred;
(C)the owner or
operator has died; or
(D)continuation of
the contract will cause undue economic hardship.
(j)Effect of
noncompliance due to circumstances beyond control of
producersThe Secretary shall include in each contract entered
into under this section a provision to ensure that a producer shall not be
considered to be in violation of the contract for failure to comply with 1 or
more requirements of the contract due to circumstances beyond the control of
the producer, including any disaster-related condition, as determined by the
Secretary.
(k)
(1)Subject to paragraphs (2) and (3), for each year of
participation in the BIP, at least 20 percent of the contract acreage shall
remain unharvested.
(2)The
location of the unharvested contract acreage shall rotate from
year-to-year.
(3)Paragraph
(1) shall not apply—
(A)to land that is
used to meet any BIP requirement for diverse vegetated buffers under subsection
(l)(3)(D); and
(B)during any crop
year in which a natural disaster is declared by the Secretary for production
losses under section 321(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961(a)) in the county in
which the enrolled land is located.
(l)Contract
acreage requirements
(1)On approval of a BIP project area by the Secretary, each
eligible participant in the BIP project area shall enter into a contract with
the Secretary that is consistent with the BIP.
(2)Additional
eligible participantsThe Secretary may add eligible participants
to a BIP project area after approval of the BIP project area.
(3)To ensure the sustainability of farm operations and the
protection of soil, air, water and wildlife, to be eligible to participate in
the BIP, an eligible participant shall agree that—
(A)harvesting of
eligible dedicated energy crops shall not occur during the primary nesting or
brood rearing seasons of bird species nesting in the BIP project area;
(B)stubble remnants
for nonwoody crops shall be of sufficient height to provide for wildlife cover
and soil protection, with minimum stubble remnants that are not less than 10
inches in height, or another minimum height as determined by—
(i)the Secretary of
the Interior, acting through the United States Fish and Wildlife
Service;
(ii)the
Secretary;
(iii)the head of
each applicable State fish and wildlife agency; and
(iv)the head of each
applicable State conservation agency;
(C)soil conservation
plans, designed and approved by the Secretary, shall be implemented by the
eligible participant for preventing erosion on areas planted and harvested for
eligible dedicated energy crops;
(D)diverse vegetated
buffers, the width, characteristics, and management of which shall be
determined by Secretary, shall be established and maintained at all times
surrounding all water resources on contract acreage; and
(E)chemical inputs
shall be minimized and properly applied to ensure protection of soil, air,
water, and wildlife resources.
(4)
(A)Except as provided in subparagraph (B), to be eligible to
participate in the BIP, an eligible participant may use eligible dedicated
energy crops produced on contract acreage only for the purposes described in
subsection (a).
(B)During the period before the commercial viability of a
bioenergy facility, an eligible participant may use eligible dedicated energy
crops produced by the eligible participant on contract acreage for personal
use.
(C)During the period before the commercial viability of a
bioenergy facility, an eligible participant may harvest and sell seed produced
on contract acreage.
(5)To
be eligible to participate in the BIP, during the term of the BIP contract, an
eligible participant shall—
(A)enter into a
contract with the Secretary to participate in the BIP and comply with the BIP
contract;
(B)comply
with—
(i)the highly
erodible land conservation requirements of subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.); and
(ii)the wetland
conservation requirements of subtitle C of title XII of that Act (16 U.S.C.
3821 et seq.);
(C)(i)plant at least 40
acres, or any other quantity of acres specified by the Secretary, of an
eligible dedicated energy crop not later than 1 year after entering into a BIP
contract or within an alternate time period specified by the Secretary;
and
(ii)produce an eligible dedicated
energy crop on the contract acreage throughout the term of the BIP
contract.
(m)Additional
eligible biomass
(1)The Secretary may allow on land that is enrolled in the
conservation reserve program and located within the BIP project area, in
accordance with the soil-related, water-related, and wildlife conservation
purposes of the conservation reserve program under contract terms governing
managed haying and grazing and the harvesting of biomass—
(A)in exchange for a
reduction of an applicable annual payment in an amount to be determined by the
Secretary;
(B)in accordance
with an approved conservation reserve program plan and applicable field office
technical guide standards;
(C)in a manner that
ensures that biomass harvest activities occur outside the official nesting and
brood rearing season for those plans;
(D)not more
frequently than once every 3 years after the date on which vegetative cover has
been established under the conservation reserve program;
(E)as a result of
forestry maintenance activities, such as pruning, thinning, and timber stand
improvement, on land that has been converted to forestry use—
(i)in accordance
with a conservation plan; and
(ii)in exchange for
an applicable reduction in the annual rental payment, as determined by the
Secretary; or
(F)as a result of a
midcontract management activity, such as mowing or clipping, that is conducted
according to an approved conservation plan as determined by the
Secretary.
(n)Payments for
collecting, harvesting, storing, and transporting biomass produced on BIP
contract acreage, agricultural waste biomass, and sustainably-harvested
agricultural and forest residues
(1)Subject to paragraph (2), for the 2-year period beginning
on the date on which a biofuels facility enters operation, the Secretary may
provide matching payments at a rate of $1 for every $1 per ton provided by the
biofuels facility, in an amount equal to not more than $45 per ton—
(A)to eligible
participants for biomass produced on BIP contract acreage in exchange for a
reduction of the annual payment issued under subsection (r)(3), as determined
by the Secretary;
(B)to any producer
of agricultural waste biomass or sustainably-harvested agricultural and forest
residues in the United States for the agricultural waste or residue; and
(C)for residue
collected as a result of the removal of noxious and invasive species, in
accordance with methods approved by the Secretary.
(2)Only
owners of forest land acting pursuant to a forest stewardship plan shall be
eligible to receive payments under this subsection.
(o)The Secretary shall—
(1)establish and
administer the BIP;
(2)authorize
establishment of BIP project areas for the purposes of the BIP described in
subsection (a);
(3)develop
procedures—
(A)to monitor the
compliance of eligible participants that have land enrolled in the BIP with the
requirements of the BIP;
(B)to measure the
performance of the BIP; and
(C)to demonstrate
whether the long-term eligible dedicated energy crop production goals are being
achieved.
(4)enter into a
written contract with each eligible participant that elects to participate in
the BIP in a BIP project area;
(5)not enter into a
contract under the BIP with an individual owner or operator unless the land of
the eligible participant is physically located in an approved BIP project area;
and
(6)provide all
payments under the contract directly to the eligible participant.
(p)Relationship to
other programs
(1)Conservation
security programLand enrolled in the BIP may also be enrolled in
the conservation security program if all of the other requirements for
participation in the conservation security program are met.
(2)Environmental
credit programsThe Secretary may allow the sale of carbon
credits, water quality credits, or other environmental credits on land enrolled
in BIP that do not interfere with the purposes of the BIP.
(q)A
contract entered into between the Secretary and an eligible participant under
the BIP shall include, at a minimum, terms that cover—
(1)requirements for
the eligible participant in carrying out the contract, including requirements
described in subsections (i), (k), and (l);
(2)a maintenance
agreement to maintain the benefits of the contract after the payment period, as
determined by the Secretary;
(3)termination
provisions;
(4)payment terms and
amounts to be provided on an annual basis;
(5)the sales or
transfer of contract acreage;
(6)the modification
of the contract;
(7)penalties in
cases of a breach of the contract or other situations;
(8)the maximum
quantity of contract acreage and an estimated schedule for how much eligible
cropland will be enrolled each contract year; and
(9)any additional
terms the Secretary considers appropriate.
(r)
(1)The Secretary shall provide payments directly to eligible
participants who enter into contracts described in subsection (q) in accordance
with the subsection.
(2)
(A)Except as provided in subparagraph (B), the Secretary
shall provide to an eligible participant who enters into a BIP contract a
cost-share payment in an amount equal to 50 percent of the costs of
establishing an eligible dedicated energy crop on the contract acreage covered
by the contract.
(B)
(i)Beginning and
social disadvantaged farmers or ranchersThe amount of cost-share
payments made to beginning farmers or ranchers and socially disadvantaged
farmers or ranchers shall be equal to 75 percent of the costs of establishing
an eligible dedicated energy crop on the contract acreage.
(ii)The amount of cost-share payments made to any eligible
participant who establishes a polyculture crop mix of at least 3 species of
eligible dedicated energy crops shall be equal to 90 percent of the costs of
establishing an eligible dedicated energy crop on the contract acreage.
(C)Eligible
cost-share paymentsThe costs for which an eligible owner may
receive a cost-share payment under this paragraph include—
(i)the cost of seeds
and stock; and
(ii)the cost of
planting field buffer strips, unless the owner and operator is eligible for
payments for those practices under the continuous conservation reserve
program.
(3)
(A)The Secretary shall make annual rental payments to an
eligible participant who enters into a BIP contract in an amount equal to the
average agricultural rental rate for land of similar characteristics in the BIP
project area during the preceding 2-year period, as determined by the Secretary
using National Agricultural Statistic Services data or another source (as
determined by the Secretary).
(B)
(i)Except as provided in clause (ii), an eligible
participant shall receive rental payments for a period of not more than 5 years
after entering into a BIP contract with the Secretary on contract
acreage.
(ii)If
the Secretary declares a natural disaster for production losses under section
321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) in the county in which contract
acreage is located for a crop year that immediately follows the period
described in clause (i), the Secretary may provide rental payments to eligible
participants under this paragraph for that crop year for contract acreage that
is located in the county.
(C)The
Secretary shall reduce rental payments under (A) by an amount determined to be
appropriate by the Secretary, if an eligible dedicated energy crop is harvested
in accordance with subsection (l)(4).
(4)The Secretary shall provide bonus payments to an
eligible participant who enters into a BIP contract if—
(A)the production of
an eligible dedicated energy crop under the contract maximizes wildlife
diversity on the contract acreage; or
(B)the farming
operation of the eligible participant is modified to address the needs of
wildlife species identified in a State wildlife management plan.
(5)
(A)The Secretary shall provide cost-share payments to
eligible participants who enter into BIP contracts on the implementation of the
covered practices.
(B)Rental and
bonus paymentsThe Secretary shall make rental and bonus payments
to eligible participants who enter into BIP contracts on an annual basis, based
on the number of contract acres covered by BIP contracts.
(6)Enrolled land
ineligible for commodity paymentsLand enrolled in the BIP shall
not be eligible to be used for direct or counter-cyclical payments or any other
payments under title I or a successor title.
(s)
(1)As a condition of entering into a bioenergy crop
transition assistance contract, the owners and operators of a farm shall agree,
as determined by the Secretary, to make available to the Secretary, or to an
institution of higher education designated by the Secretary, such information
as the Secretary considers to be appropriate——
(A)to promote the
production of bioenergy crops and the development of biorefinery technology;
and
(B)to evaluate the
bioenergy transition assistance.
(2)Subject to section 1770 of the Food Security Act of 1985
(7 U.S.C. 2276), the Secretary shall make available to the public in a database
format the best practices information developed by the Secretary in providing
bioenergy assistance under this section.
(t)An eligible participant who enters into a BIP contract
shall be eligible for conservation technical assistance for conservation
planning and implementation through the Secretary or a qualified non-Federal
entity that is approved by the Secretary.
(u)The
Secretary shall establish training programs for employees of the Cooperative
Extension Service and other interested entities and individuals on how to
develop viable proposals for participation in the BIP, including—
(1)business plan
development;
(2)recruitment and
organization of eligible participants; and
(3)the status of,
and trends in, of the bioenergy industry.
(v)Of
the funds of the Commodity Credit Corporation, the Secretary shall use to carry
out this section such sums as are necessary for each of fiscal years 2008
through
2012.
.
2.Research,
extension, and educational programs on biobased energy technologies and
productsSection 9011 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109) is amended to
read as follows:
9011.Research,
extension, and educational programs on biobased energy technologies and
products
(a)The
purposes of the programs established under this section are—
(1)to enhance
national energy security through the development, distribution, and
implementation of biobased energy technologies;
(2)to promote
diversification in, and the environmental sustainability of, agricultural
production in the United States through biobased energy and product
technologies;
(3)to promote
economic diversification in rural areas of the United States through biobased
energy and product technologies; and
(4)to enhance the
efficiency of bioenergy and biomass research and development programs through
improved coordination and collaboration between the Department of Agriculture,
the Department of Energy, and the land-grant colleges and universities.
(b)Definition of
land-grant colleges and universitiesIn this section, the term
land-grant colleges and universities means—
(1)1862 Institutions
(as defined in section 2 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
(2)1890 Institutions
(as defined in section 2 of that Act) and West Virginia State College;
and
(3)1994 Institutions
(as defined in section 2 of that Act).
(c)To
carry out the purposes described in subsection (a), the Secretary shall
establish programs under which—
(1)the Secretary
shall provide grants to sun grant centers specified in subsection (d);
and
(2)the sun grant
centers shall use the grants in accordance with this section.
(d)The Secretary shall use amounts made available for a
fiscal year under subsection (j) to provide a grants in equal amounts to each
of the following sun grant centers:
(1)A north-central sun grant center at South Dakota State
University for the region composed of the States of Illinois, Indiana, Iowa,
Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and
Wyoming.
(2)A southeastern sun grant center at the University of
Tennessee at Knoxville for the region composed of—
(A)the States of
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee, and Virginia;
(B)the Commonwealth
of Puerto Rico; and
(C)the United States
Virgin Islands.
(3)A south-central sun grant center at Oklahoma State
University for the region composed of the States of Arkansas, Colorado, Kansas,
Louisiana, Missouri, New Mexico, Oklahoma, and Texas.
(4)A western sun grant center at Oregon State University for
the region composed of—
(A)the States of
Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, and
Washington; and
(B)territories and
possessions of the United States (other than the territories referred to in
subparagraphs (B) and (C) of paragraph (2)).
(5)A northeastern sun grant center at Cornell University for
the region composed of the States of Connecticut, Delaware, Massachusetts,
Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Vermont, and West Virginia.
(e)
(1)Of the amount of funds that are made available for a
fiscal year to a sun grant center under subsection (d), the center shall use
not more than 25 percent of the amount for administration to support excellence
in science, engineering, and economics at the center to promote the purposes
described in subsection (a) through the State agricultural experiment station,
cooperative extension services, and relevant educational programs of the
university.
(2)Grants to
land-grant colleges and universities
(A)The sun grant center established for a region shall use
the funds that remain available for a fiscal year after expenditures made under
paragraph (1) to provide competitive grants to land-grant colleges and
universities in the region of the sun grant center to conduct, consistent with
the purposes described in subsection (a), multi-institutional and
multi-State—
(i)research,
extension, and educational programs on technology development; and
(ii)integrated
research, extension, and educational programs on technology
implementation.
(B)Of
the amounts that are used to provide grants for a fiscal year under
subparagraph (A), the center shall use—
(i)not less than 30
percent of the funds to carry out programs described in subparagraph (A)(i);
and
(ii)not less than 30
percent of the funds to carry out programs described in subparagraph
(A)(ii).
(3)A sun grant center may not recover the indirect costs of
making grants under paragraph (2) to other land-grant colleges and
universities.
(f)
(1)Subject to the availability of funds under subsection
(j), in cooperation with other land-grant colleges and universities and private
industry in accordance with paragraph (2), the sun grant centers shall jointly
develop and submit to the Secretary, for approval, a plan for addressing at the
State and regional levels the bioenergy, biomass, and gasification research
priorities of the Department of Agriculture and the Department of Energy for
the provision of grants under paragraphs (1) and (2) of subsection (e).
(2)Gasification
coordination
(A)In developing the plan under paragraph (1) with respect
to gasification research, the sun grant centers identified in paragraphs (1)
and (2) of subsection (d) shall coordinate with land grant colleges and
universities in their respective regions that have ongoing research activities
with respect to the research.
(B)Funds
made available under subsection (d) to the sun grant center identified in
subsection (e)(2) shall be available to carry out planning coordination under
paragraph (1).
(g)Grants to other
land-grant colleges and universities
(1)In
making grants under subsection (e)(2), a sun grant center shall give a higher
priority to programs that are consistent with the plan approved by the
Secretary under subsection (f).
(2)The
term of a grant provided by a sun grant center under subsection (e)(2) shall
not exceed 5 years.
(h)Sun grant
biobased energy and products information analysis centerThe sun
grant centers shall maintain a Sun Grant Biobased Energy and Products
Information Analysis Center at the sun grant center specified in subsection
(d)(1) to provide analysis and data management support to sun grant centers,
including—
(1)regional-scale
geographic information systems and associated decision tools for biomass
resource assessment;
(2)regional-scale
experimental design for bioenergy feedstock production;
(3)bioenergy
research and education accountability systems; and
(4)the Sun Grant
BioWeb, an online educational biomass encyclopedia.
(i)Not later than 90 days after the end of a year for which
a sun grant center receives a grant under subsection (d), the sun grant center
shall submit to the Secretary a report that describes the policies, priorities,
and operations of the program carried out by the center during the year,
including a description of progress made in facilitating the priorities
described in subsection (f).
(j)Authorization
of appropriations
(1)There are authorized to be appropriated to carry out this
section $100,000,000 for each of fiscal years 2008 through 2012.
(2)Grant
information analysis centerOf amounts made available under
paragraph (1), not more than $5,000,000 for each fiscal year shall be made
available to carry out subsection
(h).
.