II 

116TH CONGRESS 

1ST SESSION S. 1614 

To amend the Clean Air Act to modify the definition of ‘‘renewable biomass’’ 

under the renewable fuel program. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2019 

Mr. WYDEN (for himself, Mr. RISCH, Mr. KING, Mr. CRAPO, Mr. MERKLEY, 

and Ms. COLLINS) introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To amend the Clean Air Act to modify the definition of 

‘‘renewable biomass’’ under the renewable fuel program. 

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

3 SECTION 1. DEFINITION OF RENEWABLE BIOMASS UNDER 

4 RENEWABLE FUEL PROGRAM. 

5 Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 

6 7545(o)(1)(I)) is amended— 

7 (1) by redesignating clauses (iii) through (vii) 

8 as clauses (v) through (ix), respectively; and 

9 (2) by striking clause (ii) and inserting the fol10 lowing: 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1614 IS

1 ‘‘(ii) Trees and tree residue from non2 Federal land, including land belonging to 

3 an Indian tribe or an Indian individual 

4 that is held in trust by the United States 

5 or subject to a restriction against alien6 ation imposed by the United States. 

7 ‘‘(iii) Any secondary, residual mate8 rials generated from forest products manu9 facturing, including, but not limited to, 

10 sawdust, wood chips, shavings, bark, san11 derdust, and trimmings, regardless of 

12 whether the source of primary materials is 

13 derived from Federal or non-Federal land. 

14 ‘‘(iv) Biomass materials obtained from 

15 Federal land that— 

16 ‘‘(I) are not harvested from old 

17 growth stands, unless the old growth 

18 stand is part of a science-based eco19 logical restoration project authorized 

20 by the Secretary of Agriculture or the 

21 Secretary of the Interior, as applica22 ble, that meets applicable protection 

23 and old growth enhancement objec24 tives, as determined by the applicable 

25 Secretary; 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1614 IS

1 ‘‘(II) are slash, precommercial 

2 thinnings, or derived from ecological 

3 restoration activities; 

4 ‘‘(III) are harvested in a manner 

5 consistent with applicable Federal 

6 laws (including regulations) and land 

7 management plans; and 

8 ‘‘(IV) are derived within— 

9 ‘‘(aa) the wildland-urban 

10 interface (as defined in section 

11 101 of the Healthy Forests Res12 toration Act of 2003 (16 U.S.C. 

13 6511)) from acreage included 

14 within a community wildfire pro15 tection plan (as so defined); 

16 ‘‘(bb) a priority area on 

17 Federal land, as identified by the 

18 Secretary of Agriculture or the 

19 Secretary of the Interior, as ap20 plicable, in need of— 

21 ‘‘(AA) ecological res22 toration; 

23 ‘‘(BB) an authorized 

24 hazardous fuels reduction 

25 project under section 102 of 


kjohnson on DSK79L0C42 with BILLS
4 

•S 1614 IS

1 the Healthy Forests Res2 toration Act of 2003 (16 

3 U.S.C. 6512); or 

4 ‘‘(CC) a project carried 

5 out under section 602(d) of 

6 that Act (16 U.S.C. 

7 6591a(d)); or 

8 ‘‘(cc) an area identified as a 

9 priority area for wildfire threat in 

10 a State-wide assessment and 

11 State-wide strategy developed in 

12 accordance with section 2A of the 

13 Cooperative Forestry Assistance 

14 Act of 1978 (16 U.S.C. 

15 2101a).’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS