II 

110TH CONGRESS 

1ST SESSION S. 1837 

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

the Secretary of Agriculture to provide loans to eligible agricultural 

producers of eligible commodities that are used to produce bioenergy 

to ensure that the capacities of the commodity storage facilities of the 

agricultural producers are adequate for the storage requirements of the 

agricultural producers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2007 

Mr. COLEMAN 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 authorize the Secretary of Agriculture to 

provide loans to eligible agricultural producers of eligible 

commodities that are used to produce bioenergy to ensure 

that the capacities of the commodity storage facilities 

of the agricultural producers are adequate for the storage 

requirements of the agricultural producers, 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, 


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1 SECTION 1. FEEDSTOCK SECURITY FOR AGRICULTURAL 

2 PRODUCERS OF BIOENERGY. 

3 Title IX of the Farm Security and Rural Investment 

4 Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 9012. COMMODITY STORAGE CAPACITY LOANS. 

7 ‘‘(a) REVISION OF REGULATIONS.—Not later than 30 

8 days after the date of enactment of this section, the Sec9 retary shall revise part 1436 of title 7, Code of Federal 

10 Regulations (as in effect on the date of enactment of this 

11 section), in accordance with subsection (b). 

12 ‘‘(b) COMMODITY STORAGE CAPACITY LOANS.— 

13 ‘‘(1) DEFINITION OF ELIGIBLE COMMODITY.— 

14 In this subsection, the term ‘eligible commodity’ has 

15 the meaning given the term in section 9010. 

16 ‘‘(2) AUTHORITY OF SECRETARY.—In carrying 

17 out subsection (a), the Secretary may provide loans 

18 to eligible agricultural producers to ensure that the 

19 capacities of the commodity storage facilities of the 

20 eligible agricultural producers are adequate for the 

21 storage requirements of the eligible agricultural pro22 ducers. 

23 ‘‘(3) APPLICATION.—To be eligible to receive a 

24 loan under paragraph (2), an eligible agricultural 

25 producer shall submit to the Secretary an applicaVerDate Aug 31 2005 02:23 Jul 21, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1837.IS S1837

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1 tion at such time, in such manner, and containing 

2 such information as the Secretary may require. 

3 ‘‘(4) AMOUNT.— 

4 ‘‘(A) IN GENERAL.—The amount of a loan 

5 that may be provided by the Secretary to an eli6 gible agricultural producer under paragraph (2) 

7 shall be equal to the amount necessary for the 

8 eligible agricultural producer to construct, or 

9 make improvements to, 1 or more commodity 

10 storage facilities to meet the storage require11 ments of the eligible agricultural producer, as 

12 determined by the Secretary in accordance with 

13 subparagraph (B). 

14 ‘‘(B) DETERMINATION OF STORAGE RE15 QUIREMENTS OF ELIGIBLE AGRICULTURAL PRO16 DUCERS.— 

17 ‘‘(i) IN GENERAL.—Except as pro18 vided in clause (ii), the storage require19 ments of an eligible agricultural producer 

20 shall be equal to the difference between— 

21 ‘‘(I) the average annual total 

22 quantity of eligible commodities pro23 duced by the eligible agricultural pro24 ducer during the preceding 3 crop 

25 years; and 


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1 ‘‘(II) the maximum quantity of 

2 eligible commodities that may be 

3 stored in the commodity storage facili4 ties of the eligible agricultural pro5 ducer as of the date of application for 

6 the loan. 

7 ‘‘(ii) NEW AGRICULTURAL PRODUCERS

8 OF ELIGIBLE COMMODITIES.—If an eligible 

9 agricultural producer has produced an eli10 gible commodity for a period that is less 

11 than the 3-crop year period described in 

12 clause (i)(I), the Secretary shall determine 

13 the storage requirements of the eligible ag14 ricultural producer. 

15 ‘‘(5) REQUIREMENTS OF LOAN.—In providing a 

16 loan to an eligible agricultural producer under para17 graph (2), the Secretary shall require— 

18 ‘‘(A) a lien only on each commodity stor19 age facility constructed or improved by the eli20 gible agricultural producer using funds provided 

21 under this subsection; and 

22 ‘‘(B) the eligible agricultural producer to 

23 enter into an egress agreement with the Sec24 retary with respect to each commodity storage 

25 facility constructed or improved by the eligible 


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1 agricultural producer using funds provided 

2 under this subsection. 

3 ‘‘(6) TERM.—The term of a loan provided to an 

4 eligible agricultural producer under paragraph (2) 

5 shall be a term of not less than 20 years that is 

6 agreed to by the Secretary and the borrower.’’. 

Æ 


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