II 

110TH CONGRESS 

1ST SESSION S. 1403 

To amend the Farm Security and Rural Investment Act of 2002 to provide 

incentives for the production of bioenergy crops. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2007 

Ms. KLOBUCHAR (for herself, Mr. HARKIN, Mr. CONRAD, and Mr. DURBIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Farm Security and Rural Investment Act 

of 2002 to provide incentives for the production of bioenergy crops. 

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 ‘‘Farm-to-Fuel Invest5 ment Act of 2007’’. 

6 SEC. 2. BIOENERGY TRANSITION ASSISTANCE. 

7 (a) DEFINITIONS.—Section 9003(b) of the Farm Se8 curity and Rural Investment Act of 2002 (7 U.S.C. 

9 8103(b)) is amended— 


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1 (1) by redesignating paragraphs (2) through 

2 (4) as paragraphs (5) through (7), respectively; and 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) BIOENERGY CROP.— 

6 ‘‘(A) IN GENERAL.—The term ‘bioenergy 

7 crop’ means— 

8 ‘‘(i) a perennial plant that can be 

9 used as feedstock for bioenergy production; 

10 or 

11 ‘‘(ii) an annual plant that— 

12 ‘‘(I) can be used as feedstock for 

13 bioenergy production; and 

14 ‘‘(II) is grown in a resource-con15 serving crop rotation. 

16 ‘‘(B) EXCLUSIONS.—The term ‘bioenergy 

17 crop’ does not include— 

18 ‘‘(i) any crop that is eligible for any 

19 payments under title I; or 

20 ‘‘(ii) any plant that— 

21 ‘‘(I) the Secretary determines to 

22 be invasive or noxious; or 

23 ‘‘(II) has the potential to become 

24 invasive or noxious, as determined by 

25 the Secretary, in consultation with the 


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1 United States Fish and Wildlife Serv2 ice or a State conservation agency. 

3 ‘‘(3) BIOENERGY CROPSHED.—The term ‘bio4 energy cropshed’ means a bioenergy cropshed des5 ignated by the Secretary under subsection (g)(1). 

6 ‘‘(4) BIOENERGY PRODUCER.—The term ‘bio7 energy producer’ means a producer that produces a 

8 bioenergy crop that, as determined by the Sec9 retary— 

10 ‘‘(A) is physically located in a bioenergy 

11 cropshed; and 

12 ‘‘(B) can be used by the local biorefinery.’’. 

13 (b) BIOENERGY TRANSITION ASSISTANCE.—Section 

14 9003 of the Farm Security and Rural Investment Act of 

15 2002 (7 U.S.C. 8103) is amended— 

16 (1) by redesignating subsections (g) and (h) as 

17 subsections (h) and (i), respectively; and 

18 (2) by inserting after subsection (f) the fol19 lowing: 

20 ‘‘(g) BIOENERGY TRANSITION ASSISTANCE.— 

21 ‘‘(1) DESIGNATION OF BIOENERGY

22 CROPSHEDS.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 designate as bioenergy cropsheds, areas that 


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1 are physically located within, as determined by 

2 the Secretary— 

3 ‘‘(i) a 50-mile radius of an existing or 

4 planned biorefinery; or 

5 ‘‘(ii) some other economically-prac6 ticable distance from an existing or 

7 planned biorefinery. 

8 ‘‘(B) SPECIFIC CONSERVATION OBJEC9 TIVES.—Each bioenergy cropshed designated 

10 under subparagraph (A) shall include specific 

11 conservation objectives for local resources of 

12 concern, including water quality, wildlife habi13 tat, soil quality, and air quality, as determined 

14 by the Secretary, acting through the Natural 

15 Resources Conservation Service and in con16 sultation with State technical committees. 

17 ‘‘(C) PRIORITY.—In designating bioenergy 

18 cropsheds under subparagraph (A), the Sec19 retary shall give priority to— 

20 ‘‘(i) locations in which the establish21 ment of bioenergy cropsheds is most likely, 

22 as determined by the Secretary, to result 

23 in— 

24 ‘‘(I) geographic diversity; 

25 ‘‘(II) diversity of feedstocks; 


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1 ‘‘(III) net environmental benefit; 

2 and 

3 ‘‘(IV) minimal environmental 

4 harm; and 

5 ‘‘(ii) areas in which the existing or 

6 planned biorefinery is owned primarily by 

7 residents of a rural area. 

8 ‘‘(2) BIOENERGY CROP TRANSITION ASSIST9 ANCE.— 

10 ‘‘(A) IN GENERAL.—The Secretary, acting 

11 through the Natural Resources Conservation 

12 Service, shall offer to enter into contracts with 

13 producers on a farm in a bioenergy cropshed to 

14 provide bioenergy crop transition assistance to 

15 encourage the producers to produce bioenergy 

16 crops for a biorefinery located in the bioenergy 

17 cropshed. 

18 ‘‘(B) TERM OF CONTRACT.—Contracts de19 scribed in subparagraph (A) shall be for a term 

20 of 3 years. 

21 ‘‘(3) ELIGIBILITY.— 

22 ‘‘(A) IN GENERAL.—As a condition of en23 tering into a bioenergy crop transition assist24 ance contract, the producers on a farm shall, as 

25 determined by the Secretary— 


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1 ‘‘(i) demonstrate that the producers 

2 are producing a bioenergy crop that is con3 tracted for use by the biorefinery in the 

4 bioenergy cropshed; 

5 ‘‘(ii) agree to meet the quality criteria 

6 for water quality, wildlife habitat, and soil 

7 quality by the end of the contract period; 

8 and 

9 ‘‘(iii) agree to make available to the 

10 Secretary (or to an institution of higher 

11 education designated by the Secretary) 

12 such information as the Secretary con13 siders to be appropriate— 

14 ‘‘(I) to promote the production of 

15 bioenergy crops and the development 

16 of biorefinery technology; and 

17 ‘‘(II) to evaluate the bioenergy 

18 transition assistance. 

19 ‘‘(B) BEST PRACTICES DATABASE.—Sub20 ject to section 1770 of the Food Security Act 

21 of 1985 (7 U.S.C. 2276), the Secretary shall 

22 make available to the public in a database for23 mat the best practices information developed by 

24 the Secretary in providing bioenergy transition 

25 assistance. 


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1 ‘‘(4) AMOUNT OF PAYMENTS.—In determining 

2 the amount of annual bioenergy crop transition as3 sistance to be paid to producers on a farm under 

4 this subsection, the Secretary shall consider— 

5 ‘‘(A) the cost of establishing the bioenergy 

6 crop; 

7 ‘‘(B) the amount necessary to encourage 

8 producers on a farm to produce bioenergy crops 

9 in the quantity needed by the biorefinery in the 

10 bioenergy cropshed; 

11 ‘‘(C) the amount that the producers on a 

12 farm would have earned if the producers had 

13 produced a crop other than a bioenergy crop; 

14 and 

15 ‘‘(D) such other factors as the Secretary 

16 considers to be appropriate. 

17 ‘‘(5) FUNDING.—Of the funds of the Com18 modity Credit Corporation, the Secretary shall use 

19 to carry out this subsection $350,000,000 for the 

20 period of fiscal years 2008 through 2012, to remain 

21 available until expended.’’. 

22 (c) CONFORMING AMENDMENTS.—Section 1770(d) 

23 of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is 

24 amended— 


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1 (1) in paragraph (11), by striking ‘‘or’’ at the 

2 end; 

3 (2) in paragraph (12), by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(13) section 9003(g) of the Farm Security and 

7 Rural Investment of 2002 (7 U.S.C. 8103(g))’’. 

8 SEC. 3. CONSERVATION SECURITY PROGRAM. 

9 (a) DEFINITION OF BIOENERGY CROPS.—Section 

10 1238 of the Food Security Act of 1985 (16 U.S.C. 3838) 

11 is amended— 

12 (1) by redesignating paragraphs (3) through 

13 (15) as paragraphs (5) through (17), respectively; 

14 and 

15 (2) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3) BIOENERGY CROP.—The term ‘bioenergy 

18 crop’ has the meaning given the term in section 

19 9003(b) of the Farm Security and Rural Investment 

20 of 2002 (7 U.S.C. 8103(b)). 

21 ‘‘(4) BIOENERGY PRODUCER.—The term ‘bio22 energy producer’ has the meaning given the term in 

23 section 9003(b) of the Farm Security and Rural In24 vestment of 2002 (7 U.S.C. 8103(b)).’’. 


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1 (b) CONSERVATION SECURITY CONTRACTS.—Section 

2 1238C(b)(1)(C)(iii) of the Food Security Act of 1985 (16 

3 U.S.C. 3838c(b)(1)(C)(iii)) is amended— 

4 (1) in subclause (IV), by striking ‘‘or’’ at the 

5 end; 

6 (2) in subclause (V), by striking the period at 

7 the end and inserting a semicolon; and 

8 (3) by adding at the end the following: 

9 ‘‘(VI) is a bioenergy producer 

10 and maintains and actively manages a 

11 conservation system that incorporates 

12 2 or more native perennial bioenergy 

13 crop species; or 

14 ‘‘(VII) is a bioenergy producer 

15 and participates in a bioenergy crop 

16 system research and demonstration 

17 project.’’. 

Æ 


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