I 

110TH CONGRESS 

2D SESSION H. R. 5236 

To promote the use of certain materials harvested from public lands in 

the production of renewable fuel, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2008 

Ms. HERSETH SANDLIN (for herself, Mr. WALDEN of Oregon, Mr. DEFAZIO, 

Mr. STUPAK, Mr. ROSS, Mr. PICKERING, Mrs. EMERSON, Mr. GOODLATTE, Mr. BONNER, and Mr. PETERSON of Pennsylvania) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

A BILL 

To promote the use of certain materials harvested from public lands in the production of renewable fuel, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Renewable Biomass 

5 Facilitation Act of 2008’’. 

6 SEC. 2. RENEWABLE BIOMASS. 

7 Section 201 of the Energy Independence and Security 

8 Act of 2006 (Public Law 110–140; 121 Stat. 1519) is 

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1 amended in the amendment made to section 211(o)(1) of 

2 the Clean Air Act (42 U.S.C. 7545) by amending subpara3 graph (I) of such section 211(o)(1) to read as follows: 

4 ‘‘(I) RENEWABLE BIOMASS.—The term ‘re5 newable biomass’ means— 

6 ‘‘(A) materials, precommercial thinnings, 

7 or removed exotic species that— 

8 ‘‘(i) are byproducts of preventive 

9 treatments (such as trees, wood, brush, 

10 thinnings, chips, and slash) that are re11 moved— 

12 ‘‘(I) to reduce hazardous fuels; 

13 ‘‘(II) to reduce or contain disease 

14 or insect infestation; or 

15 ‘‘(III) to restore ecosystem 

16 health; 

17 ‘‘(ii) would not otherwise be used for 

18 higher-value products; and 

19 ‘‘(iii) are harvested from National 

20 Forest System land or public lands (as de21 fined in section 103 of the Federal Land 

22 Policy and Management Act of 1976) in 

23 accordance with— 

24 ‘‘(I) Federal and State law; 

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1 ‘‘(II) applicable land manage2 ment plans; and 

3 ‘‘(III) the requirements for old4 growth maintenance, restoration, and 

5 management direction of paragraphs 

6 (2), (3), and (4) of subsection (e) of 

7 section 102 of the Healthy Forests 

8 Restoration Act of 2003 and the re9 quirements for large-tree retention of 

10 subsection (f) of that section; or 

11 ‘‘(B) any organic matter that is available 

12 on a renewable or recurring basis from non13 Federal land or land belonging to an Indian or 

14 Indian tribe that is held in trust by the United 

15 States or subject to a restriction against alien16 ation imposed by the United States, including— 

17 ‘‘(i) renewable plant material, includ18 ing— 

19 ‘‘(I) feed grains; 

20 ‘‘(II) other agricultural commod21 ities; 

22 ‘‘(III) other plants and trees; and 

23 ‘‘(IV) algae; and 

24 ‘‘(ii) waste material, including— 

25 ‘‘(I) crop residue; 

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1 ‘‘(II) other vegetative waste ma2 terial (including wood waste and wood 

3 residues); 

4 ‘‘(III) animal waste and byprod5 ucts (including fats, oils, greases, and 

6 manure); 

7 ‘‘(IV) construction waste; and 

8 ‘‘(V) food waste and yard 

9 waste.’’. 

Æ 

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