H. R. 2419—377 
any environmental analyses with respect to the land 
are completed to enter into a contract for the sale 
or exchange of the land. 
(B) PUBLIC OR PRIVATE SALE.—If the Secretary and 
Bromley do not enter into a contract for the sale or 
exchange of the land by the date specified in subparagraph 
(A)(ii), the Secretary may sell or exchange the land at 
public or private sale (including auction), in accordance 
with such terms, conditions, and procedures as the Sec-
retary determines to be in the public interest. 
(C) REJECTION OF OFFERS.—The Secretary may reject 
any offer received under this paragraph if the Secretary 
determines that the offer is not adequate or is not in 
the public interest. 
(D) BROKERS.—In any sale or exchange of land under 
this subsection, the Secretary may— 
(i) use a real estate broker or other third party; 
and 
(ii) pay the real estate broker or third party a 
commission in an amount comparable to the amounts 
of commission generally paid for real estate trans-
actions in the area. 
(7) CASH EQUALIZATION.—Notwithstanding section 206(b) 
of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1716(b)), the Secretary may accept a cash equalization 
payment in excess of 25 percent of the value of any Federal 
land exchanged under this section. 
(c) DISPOSITION OF PROCEEDS.— 
(1) IN GENERAL.—The Secretary shall deposit the net pro-
ceeds from a sale or exchange under this section in the fund 
established under Public Law 90–171 (16 U.S.C. 484a) (com-
monly known as the ‘‘Sisk Act’’). 
(2) USE.—Amounts deposited under paragraph (1) shall 
be available to the Secretary until expended, without further 
appropriation, for— 
(A) the location and relocation of the Appalachian 
National Scenic Trail and the Long National Recreation 
Trail in the State; 
(B) the acquisition of land and interests in land by 
the Secretary for National Forest System purposes within 
the boundary of the Green Mountain National Forest, 
including land for and adjacent to the Appalachian National 
Scenic Trail and the Long National Recreation Trail; 
(C) the acquisition of wetland or an interest in wetland 
within the boundary of the Green Mountain National 
Forest to offset the loss of wetland from the parcels sold 
or exchanged; and 
(D) the payment of direct administrative costs incurred 
in carrying out this section. 
(3) LIMITATION.—Amounts deposited under paragraph (1) 
shall not— 
(A) be paid or distributed to the State or counties 
or towns in the State under any provision of law; or 
(B) be considered to be money received from units 
of the National Forest System for purposes of— 
(i) the Act of May 23, 1908 (16 U.S.C. 500); or 
(ii) the Act of March 4, 1913 (16 U.S.C. 501).
H. R. 2419—378 
(4) PROHIBITION
OF
TRANSFER
OR
REPROGRAMMING.— 
Amounts deposited under paragraph (1) shall not be subject 
to transfer or reprogramming for wildfire management or any 
other emergency purposes. 
(d) ACQUISITION OF LAND.—The Secretary may acquire, using 
funds made available under subsection (c) or otherwise made avail-
able for acquisition, land or an interest in land for National Forest 
System purposes within the boundary of the Green Mountain 
National Forest. 
(e) EXEMPTION FROM CERTAIN LAWS.—Subtitle I of title 40, 
United States Code, shall not apply to any sale or exchange of 
National Forest System land under this section. 
Subtitle E—Miscellaneous Provisions 
SEC. 8401. QUALIFYING TIMBER CONTRACT OPTIONS. 
(a) DEFINITIONS.—In this section: 
(1) 
AUTHORIZED
PRODUCER
PRICE
INDEX.—The 
term 
‘‘authorized Producer Price Index’’ includes— 
(A) the softwood commodity index (code number WPU 
0811); 
(B) the hardwood commodity index (code number WPU 
0812); 
(C) 
the 
wood 
chip 
index 
(code 
number 
PCU 
3211133211135); and 
(D) any other subsequent comparable index, as estab-
lished by the Bureau of Labor Statistics of the Department 
of Labor and utilized by the Secretary of Agriculture. 
(2) QUALIFYING CONTRACT.—The term ‘‘qualifying contract’’ 
means a contract for the sale of timber on National Forest 
System land— 
(A) that was awarded during the period beginning 
on July 1, 2004, and ending on December 31, 2006; 
(B) for which there is unharvested volume remaining; 
(C) for which, not later than 90 days after the date 
of enactment of this Act, the timber purchaser makes a 
written request to the Secretary for one or more of the 
options described in subsection (b); 
(D) that is not a salvage sale; 
(E) for which the Secretary determines there is not 
an urgent need to harvest due to deteriorating timber 
conditions that developed after the award of the contract; 
and 
(F) that is not in breach or in default. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture, acting through the Chief of the Forest Service. 
(b) OPTIONS FOR QUALIFYING CONTRACTS.— 
(1) CANCELLATION OR RATE REDETERMINATION.—Notwith-
standing any other provision of law, if the rate at which a 
qualifying contract would be advertised as of the date of enact-
ment of this Act is at least 50 percent less than the sum 
of the original bid rates for all of the species of timber that 
are the subject of the qualifying contract, the Secretary may, 
at the sole discretion of the Secretary— 
(A) cancel the qualifying contract if the timber pur-
chaser—
H. R. 2419—379 
(i) pays 30 percent of the total value of the timber 
remaining in the qualifying contract based on bid rates; 
(ii) 
completes 
each 
contractual 
obligation 
(including the removal of downed timber, the comple-
tion of road work, and the completion of erosion control 
work) of the timber purchaser with respect to each 
unit on which harvest has begun to a logical stopping 
point, as determined by the Secretary after consulta-
tion with the timber purchaser; and 
(iii) terminates its rights under the qualifying con-
tract; or 
(B) modify the qualifying contract to redetermine the 
current contract rate of the qualifying contract to equal 
the sum obtained by adding— 
(i) 25 percent of the bid premium on the qualifying 
contract; and 
(ii) the rate at which the qualifying contract would 
be advertised as of the date of enactment of this Act. 
(2) SUBSTITUTION OF INDEX.— 
(A) SUBSTITUTION.—Notwithstanding any other provi-
sion of law, the Secretary may, at the sole discretion of 
the Secretary, substitute the Producer Price Index specified 
in the qualifying contract of a timber purchaser if the 
timber purchaser identifies— 
(i) the products the timber purchaser intends to 
produce from the timber harvested under the quali-
fying contract; and 
(ii) a substitute index from an authorized Producer 
Price Index that more accurately represents the 
predominant product identified in clause (i) for which 
there is an index. 
(B) RATE REDETERMINATION FOLLOWING SUBSTITUTION 
OF INDEX.—If the Secretary substitutes the Producer Price 
Index of a qualifying contract under subparagraph (A), 
the Secretary may, at the sole discretion of the Secretary, 
modify the qualifying contract to provide for— 
(i) an emergency rate redetermination under the 
terms of the contract; or 
(ii) a rate redetermination under paragraph (1)(B). 
(C) LIMITATION ON MARKET-RELATED CONTRACT TERM 
ADDITION; PERIODIC PAYMENTS.—Notwithstanding any other 
provision of law, if the Secretary substitutes the Producer 
Price Index of a qualifying contract under subparagraph 
(A), the Secretary may, at the sole discretion of the Sec-
retary, modify the qualifying contract— 
(i) to adjust the term in accordance with the 
market-related contract term addition provision in the 
qualifying contract and section 223.52 of title 36, Code 
of Federal Regulations, as in effect on the date of 
the adjustment, but only if the drastic reduction cri-
teria in such section are met for 2 or more consecutive 
calendar year quarters beginning with the calendar 
quarter in which the Secretary substitutes the Pro-
ducer Price Index under subparagraph (A); and 
(ii) to adjust the periodic payments required under 
the contract in accordance with applicable law and 
policies.
H. R. 2419—380 
(3) CONTRACTS
USING
HARDWOOD
LUMBER
INDEX.—With 
respect to a qualifying contract using the hardwood commodity 
index referred to in subsection (a)(1)(B) for which the Secretary 
does not substitute the Producer Price Index under paragraph 
(2), the Secretary may, at the sole discretion of the Secretary— 
(A) extend the contract term for a 1-year period begin-
ning on the current contract termination date; and 
(B) adjust the periodic payments required under the 
contract in accordance with applicable law and policies. 
(c) EXTENSION OF MARKET-RELATED CONTRACT TERM ADDITION 
TIME LIMIT FOR CERTAIN CONTRACTS.—Notwithstanding any other 
provision of law, upon the written request of a timber purchaser, 
the Secretary may, at the sole discretion of the Secretary, modify 
a timber sale contract (including a qualifying contract) awarded 
to the purchaser before January 1, 2007, to adjust the term of 
the contract in accordance with the market-related contract term 
addition provision in the contract and section 223.52 of title 36, 
Code of Federal Regulations, as in effect on the date of the modifica-
tion, except that the Secretary may add no more than 4 years 
to the original contract length. 
(d) EFFECT OF OPTIONS.— 
(1) NO SURRENDER OF CLAIMS.—Operation of this section 
shall not have the effect of surrendering any claim by the 
United States against any timber purchaser that arose— 
(A) under a qualifying contract before the date on 
which the Secretary cancels the contract or redetermines 
the rate under subsection (b)(1), substitutes a Producer 
Price Index under subsection (b)(2), or modifies the contract 
under subsection (b)(3); or 
(B) under a timber sale contract, including a qualifying 
contract, before the date on which the Secretary adjusts 
the contract term under subsection (c). 
(2) RELEASE OF LIABILITY.—In the written request for any 
option provided under subsections (b) and (c), a timber pur-
chaser shall release the United States from all liability, 
including further consideration or compensation, resulting 
from— 
(A) the cancellation of a qualifying contract of the 
purchaser or rate redetermination under subsection (b)(1), 
the substitution of a Producer Price Index under subsection 
(b)(2), the modification of the contract under subsection 
(b)(3) or a determination by the Secretary not to provide 
the cancellation, redetermination, substitution, or modifica-
tion; or 
(B) the modification of the term of a timber sale con-
tract (including a qualifying contract) of the purchaser 
under subsection (c) or a determination by the Secretary 
not to provide the modification. 
(3) LIMITATION.—Subject to subsection (b)(1)(A), the can-
cellation of a qualifying contract by the Secretary under sub-
section (b)(1) shall release the timber purchaser from further 
obligation under the canceled contract. 
SEC. 8402. HISPANIC-SERVING INSTITUTION AGRICULTURAL LAND 
NATIONAL RESOURCES LEADERSHIP PROGRAM. 
(a) DEFINITION OF HISPANIC-SERVING INSTITUTION.—In this sec-
tion, the term ‘‘Hispanic-serving institution’’ has the meaning given
H. R. 2419—381 
that term in section 502(a)(5) of the Higher Education Act of 1965 
(20 U.S.C. 1101a(a)(5)). 
(b) GRANT AUTHORITY.—The Secretary of Agriculture may make 
grants, on a competitive basis, to Hispanic-serving institutions for 
the purpose of establishing an undergraduate scholarship program 
to assist in the recruitment, retention, and training of Hispanics 
and other under-represented groups in forestry and related fields. 
(c) USE OF GRANT FUNDS.—Grants made under this section 
shall be used to recruit, retain, train, and develop professionals 
to work in forestry and related fields with Federal agencies, such 
as the Forest Service, State agencies, and private-sector entities. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary for each of fiscal years 2008 
through 2012 such sums as may be necessary to carry out this 
section. 
TITLE IX—ENERGY 
SEC. 9001. ENERGY. 
(a) IN GENERAL.—Title IX of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended to 
read as follows: 
‘‘TITLE IX—ENERGY 
‘‘SEC. 9001. DEFINITIONS. 
‘‘Except as otherwise provided, in this title: 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Environmental Protection Agency. 
‘‘(2) ADVISORY COMMITTEE.—The term ‘Advisory Committee’ 
means the Biomass Research and Development Technical 
Advisory Committee established by section 9008(d)(1). 
‘‘(3) ADVANCED BIOFUEL.— 
‘‘(A) IN GENERAL.—The term ‘advanced biofuel’ means 
fuel derived from renewable biomass other than corn kernel 
starch. 
‘‘(B) INCLUSIONS.—Subject to subparagraph (A), the 
term ‘advanced biofuel’ includes— 
‘‘(i) biofuel derived from cellulose, hemicellulose, 
or lignin; 
‘‘(ii) biofuel derived from sugar and starch (other 
than ethanol derived from corn kernel starch); 
‘‘(iii) biofuel derived from waste material, including 
crop residue, other vegetative waste material, animal 
waste, food waste, and yard waste; 
‘‘(iv) diesel-equivalent fuel derived from renewable 
biomass, including vegetable oil and animal fat; 
‘‘(v) biogas (including landfill gas and sewage waste 
treatment gas) produced through the conversion of 
organic matter from renewable biomass; 
‘‘(vi) butanol or other alcohols produced through 
the conversion of organic matter from renewable bio-
mass; and 
‘‘(vii) other fuel derived from cellulosic biomass.
H. R. 2419—382 
‘‘(4) BIOBASED
PRODUCT.—The term ‘biobased product’ 
means a product determined by the Secretary to be a commer-
cial or industrial product (other than food or feed) that is— 
‘‘(A) composed, in whole or in significant part, of 
biological products, including renewable domestic agricul-
tural materials and forestry materials; or 
‘‘(B) an intermediate ingredient or feedstock. 
‘‘(5) BIOFUEL.—The term ‘biofuel’ means a fuel derived 
from renewable biomass. 
‘‘(6) BIOMASS
CONVERSION
FACILITY.—The term ‘biomass 
conversion facility’ means a facility that converts or proposes 
to convert renewable biomass into— 
‘‘(A) heat; 
‘‘(B) power; 
‘‘(C) biobased products; or 
‘‘(D) advanced biofuels. 
‘‘(7) BIOREFINERY.—The term ‘biorefinery’ means a facility 
(including equipment and processes) that— 
‘‘(A) converts renewable biomass into biofuels and 
biobased products; and 
‘‘(B) may produce electricity. 
‘‘(8) BOARD.—The term ‘Board’ means the Biomass 
Research and Development Board established by section 
9008(c). 
‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
‘‘(10) INSTITUTION
OF
HIGHER
EDUCATION.—The term 
‘institution of higher education’ has the meaning given the 
term in section 102(a) of the Higher Education Act of 1965 
(20 U.S.C. 1002(a)). 
‘‘(11) INTERMEDIATE INGREDIENT OR FEEDSTOCK.—The term 
‘intermediate ingredient or feedstock’ means a material or com-
pound made in whole or in significant part from biological 
products, including renewable agricultural materials (including 
plant, animal, and marine materials) or forestry materials, 
that are subsequently used to make a more complex compound 
or product. 
‘‘(12) RENEWABLE BIOMASS.—The term ‘renewable biomass’ 
means— 
‘‘(A) materials, pre-commercial thinnings, or invasive 
species from National Forest System land and public lands 
(as defined in section 103 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1702)) that— 
‘‘(i) are byproducts of preventive treatments that 
are removed— 
‘‘(I) to reduce hazardous fuels; 
‘‘(II) to reduce or contain disease or insect 
infestation; or 
‘‘(III) to restore ecosystem health; 
‘‘(ii) would not otherwise be used for higher-value 
products; and 
‘‘(iii) are harvested in accordance with— 
‘‘(I) applicable law and land management 
plans; and 
‘‘(II) the requirements for—
H. R. 2419—383 
‘‘(aa) old-growth maintenance, restoration, 
and management direction of paragraphs (2), 
(3), and (4) of subsection (e) of section 102 
of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6512); and 
‘‘(bb) large-tree retention of subsection (f) 
of that section; or 
‘‘(B) any organic matter that is available on a renew-
able or recurring basis from non-Federal land or land 
belonging to an Indian or Indian tribe that is held in 
trust by the United States or subject to a restriction against 
alienation imposed by the United States, including— 
‘‘(i) renewable plant material, including— 
‘‘(I) feed grains; 
‘‘(II) other agricultural commodities; 
‘‘(III) other plants and trees; and 
‘‘(IV) algae; and 
‘‘(ii) waste material, including— 
‘‘(I) crop residue; 
‘‘(II) other vegetative waste material (including 
wood waste and wood residues); 
‘‘(III) animal waste and byproducts (including 
fats, oils, greases, and manure); and 
‘‘(IV) food waste and yard waste. 
‘‘(13) RENEWABLE ENERGY.—The term ‘renewable energy’ 
means energy derived from— 
‘‘(A) a wind, solar, renewable biomass, ocean (including 
tidal, wave, current, and thermal), geothermal, or hydro-
electric source; or 
‘‘(B) hydrogen derived from renewable biomass or water 
using an energy source described in subparagraph (A). 
‘‘(14) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Agriculture. 
‘‘SEC. 9002. BIOBASED MARKETS PROGRAM. 
‘‘(a) FEDERAL PROCUREMENT OF BIOBASED PRODUCTS.— 
‘‘(1) DEFINITION OF PROCURING AGENCY.—In this subsection, 
the term ‘procuring agency’ means— 
‘‘(A) any Federal agency that is using Federal funds 
for procurement; or 
‘‘(B) a person that is a party to a contract with any 
Federal agency, with respect to work performed under such 
a contract. 
‘‘(2) PROCUREMENT PREFERENCE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) PROCURING AGENCY DUTIES.—Except as pro-
vided in clause (ii) and subparagraph (B), after the 
date specified in applicable guidelines prepared pursu-
ant to paragraph (3), each procuring agency shall— 
‘‘(I) establish a procurement program, develop 
procurement specifications, and procure biobased 
products identified under the guidelines described 
in paragraph (3) in accordance with this section; 
and 
‘‘(II) with respect to items described in the 
guidelines, give a procurement preference to those 
items that—
H. R. 2419—384 
‘‘(aa) are composed of the highest percent-
age of biobased products practicable; or 
‘‘(bb) comply with the regulations issued 
under section 103 of Public Law 100–556 (42 
U.S.C. 6914b–1). 
‘‘(ii) EXCEPTION.—The requirements of clause (i)(I) 
to establish a procurement program and develop 
procurement specifications shall not apply to a person 
described in paragraph (1)(B). 
‘‘(B) FLEXIBILITY.—Notwithstanding subparagraph (A), 
a procuring agency may decide not to procure items 
described in that subparagraph if the procuring agency 
determines that the items— 
‘‘(i) are not reasonably available within a reason-
able period of time; 
‘‘(ii) fail to meet— 
‘‘(I) the performance standards set forth in 
the applicable specifications; or 
‘‘(II) the reasonable performance standards of 
the procuring agencies; or 
‘‘(iii) are available only at an unreasonable price. 
‘‘(C) MINIMUM REQUIREMENTS.—Each procurement pro-
gram required under this subsection shall, at a minimum— 
‘‘(i) be consistent with applicable provisions of Fed-
eral procurement law; 
‘‘(ii) ensure that items composed of biobased prod-
ucts will be purchased to the maximum extent prac-
ticable; 
‘‘(iii) include a component to promote the procure-
ment program; 
‘‘(iv) provide for an annual review and monitoring 
of the effectiveness of the procurement program; and 
‘‘(v) adopt 1 of the 2 polices described in subpara-
graph (D) or (E), or a policy substantially equivalent 
to either of those policies. 
‘‘(D) CASE-BY-CASE POLICY.— 
‘‘(i) IN GENERAL.—Subject to subparagraph (B) and 
except as provided in clause (ii), a procuring agency 
adopting the case-by-case policy shall award a contract 
to the vendor offering an item composed of the highest 
percentage of biobased products practicable. 
‘‘(ii) EXCEPTION.—Subject to subparagraph (B), an 
agency adopting the policy described in clause (i) may 
make an award to a vendor offering items with less 
than the maximum biobased products content. 
‘‘(E) 
MINIMUM
CONTENT
STANDARDS.—Subject 
to 
subparagraph (B), a procuring agency adopting the min-
imum content standards policy shall establish minimum 
biobased products content specifications for awarding con-
tracts in a manner that ensures that the biobased products 
content required is consistent with this subsection. 
‘‘(F) CERTIFICATION.—After the date specified in any 
applicable guidelines prepared pursuant to paragraph (3), 
contracting offices shall require that vendors certify that 
the biobased products to be used in the performance of 
the contract will comply with the applicable specifications 
or other contractual requirements.
H. R. 2419—385 
‘‘(3) GUIDELINES.— 
‘‘(A) IN GENERAL.—The Secretary, after consultation 
with the Administrator, the Administrator of General Serv-
ices, and the Secretary of Commerce (acting through the 
Director of the National Institute of Standards and Tech-
nology), shall prepare, and from time to time revise, guide-
lines for the use of procuring agencies in complying with 
the requirements of this subsection. 
‘‘(B) REQUIREMENTS.—The guidelines under this para-
graph shall— 
‘‘(i) designate those items (including finished prod-
ucts) that are or can be produced with biobased prod-
ucts (including biobased products for which there is 
only a single product or manufacturer in the category) 
that will be subject to the preference described in para-
graph (2); 
‘‘(ii) designate those intermediate ingredients and 
feedstocks that are or can be used to produce items 
that will be subject to the preference described in para-
graph (2); 
‘‘(iii) automatically designate items composed of 
intermediate ingredients and feedstocks designated 
under clause (ii), if the content of the designated inter-
mediate ingredients and feedstocks exceeds 50 percent 
of the item (unless the Secretary determines a different 
composition percentage is appropriate); 
‘‘(iv) set forth recommended practices with respect 
to the procurement of biobased products and items 
containing such materials; 
‘‘(v) provide information as to the availability, rel-
ative price, performance, and environmental and public 
health benefits of such materials and items; and 
‘‘(vi) take effect on the date established in the 
guidelines, which may not exceed 1 year after publica-
tion. 
‘‘(C) INFORMATION
PROVIDED.—Information provided 
pursuant to subparagraph (B)(v) with respect to a material 
or item shall be considered to be provided for another 
item made with the same material or item. 
‘‘(D) PROHIBITION.—Guidelines issued under this para-
graph may not require a manufacturer or vendor of 
biobased products, as a condition of the purchase of 
biobased products from the manufacturer or vendor, to 
provide to procuring agencies more data than would be 
required to be provided by other manufacturers or vendors 
offering products for sale to a procuring agency, other than 
data confirming the biobased content of a product. 
‘‘(E) QUALIFYING
PURCHASES.—The guidelines shall 
apply with respect to any purchase or acquisition of a 
procurement item for which— 
‘‘(i) the purchase price of the item exceeds $10,000; 
or 
‘‘(ii) the quantity of the items or of functionally- 
equivalent items purchased or acquired during the pre-
ceding fiscal year was at least $10,000. 
‘‘(4) ADMINISTRATION.—
H. R. 2419—386 
‘‘(A) OFFICE OF FEDERAL PROCUREMENT POLICY.—The 
Office of Federal Procurement Policy, in cooperation with 
the Secretary, shall— 
‘‘(i) coordinate the implementation of this sub-
section with other policies for Federal procurement; 
‘‘(ii) annually collect the information required to 
be reported under subparagraph (B) and make the 
information publicly available; 
‘‘(iii) take a leading role in informing Federal agen-
cies concerning, and promoting the adoption of and 
compliance 
with, 
procurement 
requirements 
for 
biobased products by Federal agencies; and 
‘‘(iv) not less than once every 2 years, submit to 
Congress a report that— 
‘‘(I) describes the progress made in carrying 
out this subsection; and 
‘‘(II) contains a summary of the information 
reported pursuant to subparagraph (B). 
‘‘(B) OTHER AGENCIES.—To assist the Office of Federal 
Procurement Policy in carrying out subparagraph (A)— 
‘‘(i) each procuring agency shall submit each year 
to the Office of Federal Procurement Policy, to the 
maximum extent practicable, information concerning— 
‘‘(I) actions taken to implement paragraph (2); 
‘‘(II) the results of the annual review and mon-
itoring program established under paragraph 
(2)(C)(iv); 
‘‘(III) the number and dollar value of contracts 
entered into during the year that include the direct 
procurement of biobased products; 
‘‘(IV) the number of service and construction 
(including renovations) contracts entered into 
during the year that include language on the use 
of biobased products; and 
‘‘(V) the types and dollar value of biobased 
products actually used by contractors in carrying 
out service and construction (including renova-
tions) contracts during the previous year; and 
‘‘(ii) the General Services Administration and the 
Defense Logistics Agency shall submit each year to 
the Office of Federal Procurement Policy information 
concerning, to the maximum extent practicable, the 
types and dollar value of biobased products purchased 
by procuring agencies. 
‘‘(C) PROCUREMENT
SUBJECT
TO
OTHER
LAW.—Any 
procurement by any Federal agency that is subject to regu-
lations of the Administrator under section 6002 of the 
Solid Waste Disposal Act (42 U.S.C. 6962) shall not be 
subject to the requirements of this section to the extent 
that the requirements are inconsistent with the regula-
tions. 
‘‘(b) LABELING.— 
‘‘(1) IN GENERAL.—The Secretary, in consultation with the 
Administrator, shall establish a voluntary program under which 
the Secretary authorizes producers of biobased products to use 
the label ‘USDA Certified Biobased Product’. 
‘‘(2) ELIGIBILITY CRITERIA.—
H. R. 2419—387 
‘‘(A) CRITERIA.— 
‘‘(i) IN
GENERAL.—Not later than 90 days after 
the date of the enactment of the Food, Conservation, 
and Energy Act of 2008 and except as provided in 
clause (ii), the Secretary, in consultation with the 
Administrator and representatives from small and 
large businesses, academia, other Federal agencies, 
and such other persons as the Secretary considers 
appropriate, shall issue criteria (as of the date of enact-
ment of that Act) for determining which products may 
qualify to receive the label under paragraph (1). 
‘‘(ii) EXCEPTION.—Clause (i) shall not apply to final 
criteria that have been issued (as of the date of enact-
ment of that Act) by the Secretary. 
‘‘(B) REQUIREMENTS.—Criteria issued under subpara-
graph (A) shall— 
‘‘(i) encourage the purchase of products with the 
maximum biobased content; 
‘‘(ii) provide that the Secretary may designate as 
biobased for the purposes of the voluntary program 
established under this subsection finished products 
that contain significant portions of biobased materials 
or components; and 
‘‘(iii) to the maximum extent practicable, be con-
sistent with the guidelines issued under subsection 
(a)(3). 
‘‘(3) USE OF LABEL.—The Secretary shall ensure that the 
label referred to in paragraph (1) is used only on products 
that meet the criteria issued pursuant to paragraph (2). 
‘‘(c) RECOGNITION.—The Secretary shall— 
‘‘(1) establish a program to recognize Federal agencies and 
private entities that use a substantial amount of biobased prod-
ucts; and 
‘‘(2) encourage Federal agencies to establish incentives pro-
grams to recognize Federal employees or contractors that make 
exceptional contributions to the expanded use of biobased prod-
ucts. 
‘‘(d) LIMITATION.—Nothing in this section shall apply to the 
procurement of motor vehicle fuels, heating oil, or electricity. 
‘‘(e) INCLUSION.—Effective beginning on the date that is 90 
days after the date of enactment of the Food, Conservation, and 
Energy Act of 2008, the Architect of the Capitol, the Sergeant 
at Arms of the Senate, and the Chief Administrative Officer of 
the House of Representatives shall consider the biobased product 
designations made under this section in making procurement 
decisions for the Capitol Complex. 
‘‘(f) NATIONAL TESTING CENTER REGISTRY.—The Secretary shall 
establish a national registry of testing centers for biobased products 
that will serve biobased product manufacturers. 
‘‘(g) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of the Food, Conservation, and Energy Act of 
2008 and each year thereafter, the Secretary shall submit to 
Congress a report on the implementation of this section. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a comprehensive management plan that estab-
lishes tasks, milestones, and timelines, organizational roles
H. R. 2419—388 
and responsibilities, and funding allocations for fully imple-
menting this section; and 
‘‘(B) information on the status of implementation of— 
‘‘(i) item designations (including designation of 
intermediate ingredients and feedstocks); and 
‘‘(ii) the voluntary labeling program established 
under subsection (b). 
‘‘(h) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use to provide manda-
tory funding for biobased products testing and labeling as 
required to carry out this section— 
‘‘(A) $1,000,000 for fiscal year 2008; and 
‘‘(B) $2,000,000 for each of fiscal years 2009 through 
2012. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to any other 
funds made available to carry out this section, there is author-
ized to be appropriated to carry out this section $2,000,000 
for each of fiscal years 2009 through 2012. 
‘‘SEC. 9003. BIOREFINERY ASSISTANCE. 
‘‘(a) PURPOSE.—The purpose of this section is to assist in the 
development of new and emerging technologies for the development 
of advanced biofuels, so as to— 
‘‘(1) increase the energy independence of the United States; 
‘‘(2) promote resource conservation, public health, and the 
environment; 
‘‘(3) diversify markets for agricultural and forestry products 
and agriculture waste material; and 
‘‘(4) create jobs and enhance the economic development 
of the rural economy. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an 
individual, entity, Indian tribe, or unit of State or local govern-
ment, including a corporation, farm cooperative, farmer coopera-
tive 
organization, 
association 
of 
agricultural 
producers, 
National Laboratory, institution of higher education, rural elec-
tric cooperative, public power entity, or consortium of any of 
those entities. 
‘‘(2) ELIGIBLE TECHNOLOGY.—The term ‘eligible technology’ 
means, as determined by the Secretary— 
‘‘(A) a technology that is being adopted in a viable 
commercial-scale operation of a biorefinery that produces 
an advanced biofuel; and 
‘‘(B) a technology not described in subparagraph (A) 
that has been demonstrated to have technical and economic 
potential for commercial application in a biorefinery that 
produces an advanced biofuel. 
‘‘(c) ASSISTANCE.—The Secretary shall make available to eligible 
entities— 
‘‘(1) grants to assist in paying the costs of the development 
and construction of demonstration-scale biorefineries to dem-
onstrate the commercial viability of 1 or more processes for 
converting renewable biomass to advanced biofuels; and 
‘‘(2) guarantees for loans made to fund the development, 
construction, and retrofitting of commercial-scale biorefineries 
using eligible technology.
H. R. 2419—389 
‘‘(d) GRANTS.— 
‘‘(1) COMPETITIVE BASIS.—The Secretary shall award grants 
under subsection (c)(1) on a competitive basis. 
‘‘(2) SELECTION CRITERIA.— 
‘‘(A) IN GENERAL.—In approving grant applications, the 
Secretary shall establish a priority scoring system that 
assigns priority scores to each application and only approve 
applications that exceed a specified minimum, as deter-
mined by the Secretary. 
‘‘(B) FEASIBILITY.—In approving a grant application, 
the Secretary shall determine the technical and economic 
feasibility of the project based on a feasibility study of 
the project described in the application conducted by an 
independent third party. 
‘‘(C) SCORING
SYSTEM.—In determining the priority 
scoring system, the Secretary shall consider— 
‘‘(i) the potential market for the advanced biofuel 
and the byproducts produced; 
‘‘(ii) the level of financial participation by the 
applicant, including support from non-Federal and pri-
vate sources; 
‘‘(iii) whether the applicant is proposing to use 
a feedstock not previously used in the production of 
advanced biofuels; 
‘‘(iv) whether the applicant is proposing to work 
with producer associations or cooperatives; 
‘‘(v) whether the applicant has established that 
the adoption of the process proposed in the application 
will have a positive impact on resource conservation, 
public health, and the environment; 
‘‘(vi) the potential for rural economic development; 
‘‘(vii) whether the area in which the applicant pro-
poses to locate the biorefinery has other similar facili-
ties; 
‘‘(viii) whether the project can be replicated; and 
‘‘(ix) scalability for commercial use. 
‘‘(3) COST SHARING.— 
‘‘(A) LIMITS.—The amount of a grant awarded for 
development and construction of a biorefinery under sub-
section (c)(1) shall not exceed an amount equal to 30 per-
cent of the cost of the project. 
‘‘(B) FORM OF GRANTEE SHARE.— 
‘‘(i) IN GENERAL.—The grantee share of the cost 
of a project may be made in the form of cash or mate-
rial. 
‘‘(ii) LIMITATION.—The amount of the grantee share 
that is made in the form of material shall not exceed 
15 percent of the amount of the grantee share deter-
mined under subparagraph (A). 
‘‘(e) LOAN GUARANTEES.— 
‘‘(1) SELECTION CRITERIA.— 
‘‘(A) IN
GENERAL.—In approving loan guarantee 
applications, the Secretary shall establish a priority scoring 
system that assigns priority scores to each application and 
only approve applications that exceed a specified minimum, 
as determined by the Secretary.
H. R. 2419—390 
‘‘(B) FEASIBILITY.—In approving a loan guarantee 
application, the Secretary shall determine the technical 
and economic feasibility of the project based on a feasibility 
study of the project described in the application conducted 
by an independent third party. 
‘‘(C) SCORING
SYSTEM.—In determining the priority 
scoring system for loan guarantees under subsection (c)(2), 
the Secretary shall consider— 
‘‘(i) whether the applicant has established a market 
for the advanced biofuel and the byproducts produced; 
‘‘(ii) whether the area in which the applicant pro-
poses to place the biorefinery has other similar facili-
ties; 
‘‘(iii) whether the applicant is proposing to use 
a feedstock not previously used in the production of 
advanced biofuels; 
‘‘(iv) whether the applicant is proposing to work 
with producer associations or cooperatives; 
‘‘(v) the level of financial participation by the 
applicant, including support from non-Federal and pri-
vate sources; 
‘‘(vi) whether the applicant has established that 
the adoption of the process proposed in the application 
will have a positive impact on resource conservation, 
public health, and the environment; 
‘‘(vii) whether the applicant can establish that if 
adopted, the biofuels production technology proposed 
in the application will not have any significant negative 
impacts on existing manufacturing plants or other 
facilities that use similar feedstocks; 
‘‘(viii) the potential for rural economic develop-
ment; 
‘‘(ix) the level of local ownership proposed in the 
application; and 
‘‘(x) whether the project can be replicated. 
‘‘(2) LIMITATIONS.— 
‘‘(A) MAXIMUM AMOUNT OF LOAN GUARANTEED.—The 
principal amount of a loan guaranteed under subsection 
(c)(2) may not exceed $250,000,000. 
‘‘(B) MAXIMUM PERCENTAGE OF LOAN GUARANTEED.— 
‘‘(i) IN
GENERAL.—Except as otherwise provided 
in this subparagraph, a loan guaranteed under sub-
section (c)(2) shall be in an amount not to exceed 
80 percent of the project costs, as determined by the 
Secretary. 
‘‘(ii) 
OTHER
DIRECT
FEDERAL
FUNDING.—The 
amount of a loan guaranteed for a project under sub-
section (c)(2) shall be reduced by the amount of other 
direct Federal funding that the eligible entity receives 
for the same project. 
‘‘(iii) AUTHORITY TO GUARANTEE THE LOAN.—The 
Secretary may guarantee up to 90 percent of the prin-
cipal and interest due on a loan guaranteed under 
subsection (c)(2). 
‘‘(C) LOAN
GUARANTEE
FUND
DISTRIBUTION.—Of the 
funds made available for loan guarantees for a fiscal year 
under subsection (h), 50 percent of the funds shall be
H. R. 2419—391 
reserved for obligation during the second half of the fiscal 
year. 
‘‘(f) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with the Secretary of Energy. 
‘‘(g) CONDITION ON PROVISION OF ASSISTANCE.— 
‘‘(1) IN GENERAL.—As a condition of receiving a grant or 
loan guarantee under this section, an eligible entity shall 
ensure that all laborers and mechanics employed by contractors 
or subcontractors in the performance of construction work 
financed, in whole or in part, with the grant or loan guarantee, 
as the case may be, shall be paid wages at rates not less 
than those prevailing on similar construction in the locality, 
as determined by the Secretary of Labor in accordance with 
sections 3141 through 3144, 3146, and 3147 of title 40, United 
States Code. 
‘‘(2) AUTHORITY AND FUNCTIONS.—The Secretary of Labor 
shall have, with respect to the labor standards described in 
paragraph (1), the authority and functions set forth in Reorga-
nization Plan Numbered 14 of 1950 (5 U.S.C. App) and section 
3145 of title 40, United States Code. 
‘‘(h) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use for the cost of 
loan guarantees under this section, to remain available until 
expended— 
‘‘(A) $75,000,000 for fiscal year 2009; and 
‘‘(B) $245,000,000 for fiscal year 2010. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to any other 
funds made available to carry out this section, there is author-
ized to be appropriated to carry out this section $150,000,000 
for each of fiscal years 2009 through 2012. 
‘‘SEC. 9004. REPOWERING ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary shall carry out a program 
to encourage biorefineries in existence on the date of enactment 
of the Food, Conservation, and Energy Act of 2008 to replace fossil 
fuels used to produce heat or power to operate the biorefineries 
by making payments for— 
‘‘(1) the installation of new systems that use renewable 
biomass; or 
‘‘(2) the new production of energy from renewable biomass. 
‘‘(b) PAYMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary may make payments 
under this section to any biorefinery that meets the require-
ments of this section for a period determined by the Secretary. 
‘‘(2) AMOUNT.—The Secretary shall determine the amount 
of payments to be made under this section to a biorefinery 
after considering— 
‘‘(A) the quantity of fossil fuels a renewable biomass 
system is replacing; 
‘‘(B) the percentage reduction in fossil fuel used by 
the biorefinery that will result from the installation of 
the renewable biomass system; and 
‘‘(C) the cost and cost effectiveness of the renewable 
biomass system. 
‘‘(c) ELIGIBILITY.—To be eligible to receive a payment under 
this section, a biorefinery shall demonstrate to the Secretary that
H. R. 2419—392 
the renewable biomass system of the biorefinery is feasible based 
on an independent feasibility study that takes into account the 
economic, technical and environmental aspects of the system. 
‘‘(d) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use to make payments 
under this section $35,000,000 for fiscal year 2009, to remain 
available until expended. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to any other 
funds made available to carry out this section, there is author-
ized to be appropriated to carry out this section $15,000,000 
for each of fiscal years 2009 through 2012. 
‘‘SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS. 
‘‘(a) DEFINITION OF ELIGIBLE PRODUCER.—In this section, the 
term ‘eligible producer’ means a producer of advanced biofuels. 
‘‘(b) PAYMENTS.—The Secretary shall make payments to eligible 
producers to support and ensure an expanding production of 
advanced biofuels. 
‘‘(c) CONTRACTS.—To receive a payment, an eligible producer 
shall— 
‘‘(1) enter into a contract with the Secretary for production 
of advanced biofuels; and 
‘‘(2) submit to the Secretary such records as the Secretary 
may require as evidence of the production of advanced biofuels. 
‘‘(d) BASIS FOR PAYMENTS.—The Secretary shall make payments 
under this section to eligible producers based on— 
‘‘(1) the quantity and duration of production by the eligible 
producer of an advanced biofuel; 
‘‘(2) the net nonrenewable energy content of the advanced 
biofuel, if sufficient data is available, as determined by the 
Secretary; and 
‘‘(3) other appropriate factors, as determined by the Sec-
retary. 
‘‘(e) EQUITABLE DISTRIBUTION.—The Secretary may limit the 
amount of payments that may be received by a single eligible 
producer under this section in order to distribute the total amount 
of funding available in an equitable manner. 
‘‘(f) OTHER REQUIREMENTS.—To receive a payment under this 
section, an eligible producer shall meet any other requirements 
of Federal and State law (including regulations) applicable to the 
production of advanced biofuels. 
‘‘(g) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use to carry out this 
section, to remain available until expended— 
‘‘(A) $55,000,000 for fiscal year 2009; 
‘‘(B) $55,000,000 for fiscal year 2010; 
‘‘(C) $85,000,000 for fiscal year 2011; and 
‘‘(D) $105,000,000 for fiscal year 2012. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to any other 
funds made available to carry out this section, there is author-
ized to be appropriated to carry out this section $25,000,000 
for each of fiscal years 2009 through 2012. 
‘‘(3) LIMITATION.—Of the funds provided for each fiscal 
year, not more than 5 percent of the funds shall be made
H. R. 2419—393 
available to eligible producers for production at facilities with 
a total refining capacity exceeding 150,000,000 gallons per year. 
‘‘SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall, under such terms 
and conditions as the Secretary determines to be appropriate, make 
competitive grants to eligible entities to educate governmental and 
private entities that operate vehicle fleets, other interested entities 
(as determined by the Secretary), and the public about the benefits 
of biodiesel fuel use. 
‘‘(b) ELIGIBLE ENTITIES.—To receive a grant under subsection 
(b), an entity shall— 
‘‘(1) be a nonprofit organization or institution of higher 
education; 
‘‘(2) have demonstrated knowledge of biodiesel fuel produc-
tion, use, or distribution; and 
‘‘(3) have demonstrated the ability to conduct educational 
and technical support programs. 
‘‘(c) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with the Secretary of Energy. 
‘‘(d) FUNDING.—Of the funds of the Commodity Credit Corpora-
tion, the Secretary shall use to carry out this section $1,000,000 
for each of fiscal years 2008 through 2012. 
‘‘SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary, in consultation with the 
Secretary of Energy, shall establish a Rural Energy for America 
Program to promote energy efficiency and renewable energy 
development for agricultural producers and rural small businesses 
through— 
‘‘(1) grants for energy audits and renewable energy develop-
ment assistance; and 
‘‘(2) financial assistance for energy efficiency improvements 
and renewable energy systems. 
‘‘(b) ENERGY AUDITS AND RENEWABLE ENERGY DEVELOPMENT 
ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall make competitive 
grants to eligible entities to provide assistance to agricultural 
producers and rural small businesses— 
‘‘(A) to become more energy efficient; and 
‘‘(B) to use renewable energy technologies and 
resources. 
‘‘(2) ELIGIBLE ENTITIES.—An eligible entity under this sub-
section is— 
‘‘(A) a unit of State, tribal, or local government; 
‘‘(B) a land-grant college or university or other institu-
tion of higher education; 
‘‘(C) a rural electric cooperative or public power entity; 
and 
‘‘(D) any other similar entity, as determined by the 
Secretary. 
‘‘(3) SELECTION
CRITERIA.—In reviewing applications of 
eligible entities to receive grants under paragraph (1), the 
Secretary shall consider— 
‘‘(A) the ability and expertise of the eligible entity 
in providing professional energy audits and renewable 
energy assessments;
H. R. 2419—394 
‘‘(B) the geographic scope of the program proposed 
by the eligible entity in relation to the identified need; 
‘‘(C) the number of agricultural producers and rural 
small businesses to be assisted by the program; 
‘‘(D) the potential of the proposed program to produce 
energy savings and environmental benefits; 
‘‘(E) the plan of the eligible entity for performing out-
reach and providing information and assistance to agricul-
tural producers and rural small businesses on the benefits 
of energy efficiency and renewable energy development; 
and 
‘‘(F) the ability of the eligible entity to leverage other 
sources of funding. 
‘‘(4) USE OF GRANT FUNDS.—A recipient of a grant under 
paragraph (1) shall use the grant funds to assist agricultural 
producers and rural small businesses by— 
‘‘(A) conducting and promoting energy audits; and 
‘‘(B) providing recommendations and information on 
how— 
‘‘(i) to improve the energy efficiency of the oper-
ations of the agricultural producers and rural small 
businesses; and 
‘‘(ii) to use renewable energy technologies and 
resources in the operations. 
‘‘(5) LIMITATION.—Grant recipients may not use more than 
5 percent of a grant for administrative expenses. 
‘‘(6) COST SHARING.—A recipient of a grant under paragraph 
(1) that conducts an energy audit for an agricultural producer 
or rural small business under paragraph (4) shall require that, 
as a condition of the energy audit, the agricultural producer 
or rural small business pay at least 25 percent of the cost 
of the energy audit, which shall be retained by the eligible 
entity for the cost of the energy audit. 
‘‘(c) FINANCIAL ASSISTANCE FOR ENERGY EFFICIENCY IMPROVE-
MENTS AND RENEWABLE ENERGY SYSTEMS.— 
‘‘(1) IN GENERAL.—In addition to any similar authority, 
the Secretary shall provide loan guarantees and grants to agri-
cultural producers and rural small businesses— 
‘‘(A) to purchase renewable energy systems, including 
systems that may be used to produce and sell electricity; 
and 
‘‘(B) to make energy efficiency improvements. 
‘‘(2) AWARD CONSIDERATIONS.—In determining the amount 
of a loan guarantee or grant provided under this section, the 
Secretary shall take into consideration, as applicable— 
‘‘(A) the type of renewable energy system to be pur-
chased; 
‘‘(B) the estimated quantity of energy to be generated 
by the renewable energy system; 
‘‘(C) the expected environmental benefits of the renew-
able energy system; 
‘‘(D) the quantity of energy savings expected to be 
derived from the activity, as demonstrated by an energy 
audit; 
‘‘(E) the estimated period of time for the energy savings 
generated by the activity to equal the cost of the activity;
H. R. 2419—395 
‘‘(F) the expected energy efficiency of the renewable 
energy system; and 
‘‘(G) other appropriate factors. 
‘‘(3) FEASIBILITY STUDIES.— 
‘‘(A) IN GENERAL.—The Secretary may provide assist-
ance in the form of grants to an agricultural producer 
or rural small business to conduct a feasibility study for 
a project for which assistance may be provided under this 
subsection. 
‘‘(B) LIMITATION.—The Secretary shall use not more 
than 10 percent of the funds made available to carry out 
this subsection to provide assistance described in subpara-
graph (A). 
‘‘(C) AVOIDANCE
OF
DUPLICATIVE
ASSISTANCE.—An 
entity shall be ineligible to receive assistance to carry 
out a feasibility study for a project under this paragraph 
if the entity has received other Federal or State assistance 
for a feasibility study for the project. 
‘‘(4) LIMITS.— 
‘‘(A) GRANTS.—The amount of a grant under this sub-
section shall not exceed 25 percent of the cost of the activity 
carried out using funds from the grant. 
‘‘(B) MAXIMUM
AMOUNT
OF
LOAN
GUARANTEES.—The 
amount of a loan guaranteed under this subsection shall 
not exceed $25,000,000. 
‘‘(C) MAXIMUM AMOUNT OF COMBINED GRANT AND LOAN 
GUARANTEE.—The combined amount of a grant and loan 
guaranteed under this subsection shall not exceed 75 per-
cent of the cost of the activity funded under this subsection. 
‘‘(d) OUTREACH.—The Secretary shall ensure, to the maximum 
extent practicable, that adequate outreach relating to this section 
is being conducted at the State and local levels. 
‘‘(e) LOWER-COST ACTIVITIES.— 
‘‘(1) LIMITATION ON USE OF FUNDS.—Except as provided 
in paragraph (2), the Secretary shall use not less than 20 
percent of the funds made available under subsection (g) to 
provide grants of $20,000 or less. 
‘‘(2) EXCEPTION.—Effective beginning on June 30 of each 
fiscal year, paragraph (1) shall not apply to funds made avail-
able under subsection (g) for the fiscal year. 
‘‘(f) REPORT.—Not later than 4 years after the date of enactment 
of the Food, Conservation, and Energy Act of 2008, the Secretary 
shall submit to Congress a report on the implementation of this 
section, including the outcomes achieved by projects funded under 
this section. 
‘‘(g) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use to carry out this 
section, to remain available until expended— 
‘‘(A) $55,000,000 for fiscal year 2009; 
‘‘(B) $60,000,000 for fiscal year 2010; 
‘‘(C) $70,000,000 for fiscal year 2011; and 
‘‘(D) $70,000,000 for fiscal year 2012. 
‘‘(2) AUDIT AND TECHNICAL ASSISTANCE FUNDING.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), of the 
funds made available for each fiscal year under paragraph
H. R. 2419—396 
(1), 4 percent shall be available to carry out subsection 
(b). 
‘‘(B) OTHER USE.—Funds not obligated under subpara-
graph (A) by April 1 of each fiscal year to carry out sub-
section (b) shall become available to carry out subsection 
(c). 
‘‘(3) DISCRETIONARY FUNDING.—In addition to any other 
funds made available to carry out this section, there is author-
ized to be appropriated to carry out this section $25,000,000 
for each of fiscal years 2009 through 2012. 
‘‘SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BIOBASED
PRODUCT.—The term ‘biobased product’ 
means— 
‘‘(A) an industrial product (including chemicals, mate-
rials, and polymers) produced from biomass; or 
‘‘(B) a commercial or industrial product (including 
animal feed and electric power) derived in connection with 
the conversion of biomass to fuel. 
‘‘(2) DEMONSTRATION.—The term ‘demonstration’ means 
demonstration of technology in a pilot plant or semi-works 
scale facility, including a plant or facility located on a farm. 
‘‘(3) INITIATIVE.—The term ‘Initiative’ means the Biomass 
Research and Development Initiative established under sub-
section (e). 
‘‘(b) COOPERATION AND COORDINATION IN BIOMASS RESEARCH 
AND DEVELOPMENT.— 
‘‘(1) IN GENERAL.—The Secretary of Agriculture and the 
Secretary of Energy shall coordinate policies and procedures 
that promote research and development regarding the produc-
tion of biofuels and biobased products. 
‘‘(2) POINTS
OF
CONTACT.—To coordinate research and 
development programs and activities relating to biofuels and 
biobased products that are carried out by their respective 
departments— 
‘‘(A) the Secretary of Agriculture shall designate, as 
the point of contact for the Department of Agriculture, 
an officer of the Department of Agriculture appointed by 
the President to a position in the Department before the 
date of the designation, by and with the advice and consent 
of the Senate; and 
‘‘(B) the Secretary of Energy shall designate, as the 
point of contact for the Department of Energy, an officer 
of the Department of Energy appointed by the President 
to a position in the Department before the date of the 
designation, by and with the advice and consent of the 
Senate. 
‘‘(c) BIOMASS RESEARCH AND DEVELOPMENT BOARD.— 
‘‘(1) ESTABLISHMENT.—There is established the Biomass 
Research and Development Board to carry out the duties 
described in paragraph (3). 
‘‘(2) MEMBERSHIP.—The Board shall consist of— 
‘‘(A) the point of contacts of the Department of Energy 
and the Department of Agriculture, who shall serve as 
cochairpersons of the Board;
H. R. 2419—397 
‘‘(B) a senior officer of each of the Department of the 
Interior, 
the 
Environmental 
Protection 
Agency, 
the 
National Science Foundation, and the Office of Science 
and Technology Policy, each of whom shall have a rank 
that is equivalent to the rank of the points of contact; 
and 
‘‘(C) at the option of the Secretary of Agriculture and 
the Secretary of Energy, other members appointed by the 
Secretaries (after consultation with the Board). 
‘‘(3) DUTIES.—The Board shall— 
‘‘(A) coordinate research and development activities 
relating to biofuels and biobased products— 
‘‘(i) between the Department of Agriculture and 
the Department of Energy; and 
‘‘(ii) with other departments and agencies of the 
Federal Government; 
‘‘(B) provide recommendations to the points of contact 
concerning administration of this title; 
‘‘(C) ensure that— 
‘‘(i) solicitations are open and competitive with 
awards made annually; and 
‘‘(ii) objectives and evaluation criteria of the solici-
tations are clearly stated and minimally prescriptive, 
with no areas of special interest; and 
‘‘(D) ensure that the panel of scientific and technical 
peers assembled under subsection (e) to review proposals 
is composed predominantly of independent experts selected 
from outside the Departments of Agriculture and Energy. 
‘‘(4) FUNDING.—Each agency represented on the Board is 
encouraged to provide funds for any purpose under this section. 
‘‘(5) MEETINGS.—The Board shall meet at least quarterly. 
‘‘(d) 
BIOMASS
RESEARCH
AND
DEVELOPMENT
TECHNICAL 
ADVISORY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—There is established the Biomass 
Research and Development Technical Advisory Committee to 
carry out the duties described in paragraph (3). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN GENERAL.—The Advisory Committee shall con-
sist of— 
‘‘(i) an individual affiliated with the biofuels 
industry; 
‘‘(ii) an individual affiliated with the biobased 
industrial and commercial products industry; 
‘‘(iii) an individual affiliated with an institution 
of higher education who has expertise in biofuels and 
biobased products; 
‘‘(iv) 2 prominent engineers or scientists from 
government or academia who have expertise in biofuels 
and biobased products; 
‘‘(v) an individual affiliated with a commodity trade 
association; 
‘‘(vi) 2 individuals affiliated with environmental 
or conservation organizations; 
‘‘(vii) an individual associated with State govern-
ment who has expertise in biofuels and biobased prod-
ucts;
H. R. 2419—398 
‘‘(viii) an individual with expertise in energy and 
environmental analysis; 
‘‘(ix) an individual with expertise in the economics 
of biofuels and biobased products; 
‘‘(x) an individual with expertise in agricultural 
economics; 
‘‘(xi) an individual with expertise in plant biology 
and biomass feedstock development; 
‘‘(xii) an individual with expertise in agronomy, 
crop science, or soil science; and 
‘‘(xiii) at the option of the points of contact, other 
members. 
‘‘(B) APPOINTMENT.—The members of the Advisory 
Committee shall be appointed by the points of contact. 
‘‘(3) DUTIES.—The Advisory Committee shall— 
‘‘(A) advise the points of contact with respect to the 
Initiative; and 
‘‘(B) evaluate and make recommendations in writing 
to the Board regarding whether— 
‘‘(i) funds authorized for the Initiative are distrib-
uted and used in a manner that is consistent with 
the objectives, purposes, and considerations of the Ini-
tiative; 
‘‘(ii) solicitations are open and competitive with 
awards made annually; 
‘‘(iii) objectives and evaluation criteria of the solici-
tations are clearly stated and minimally prescriptive, 
with no areas of special interest; 
‘‘(iv) the points of contact are funding proposals 
under this title that are selected on the basis of merit, 
as determined by an independent panel of scientific 
and technical peers predominantly from outside the 
Departments of Agriculture and Energy; and 
‘‘(v) activities under this title are carried out in 
accordance with this title. 
‘‘(4) COORDINATION.—To avoid duplication of effort, the 
Advisory Committee shall coordinate its activities with those 
of other Federal advisory committees working in related areas. 
‘‘(5) MEETINGS.—The Advisory Committee shall meet at 
least quarterly. 
‘‘(6) TERMS.—Members of the Advisory Committee shall 
be appointed for a term of 3 years. 
‘‘(e) BIOMASS RESEARCH AND DEVELOPMENT INITIATIVE.— 
‘‘(1) IN GENERAL.—The Secretary of Agriculture and the 
Secretary of Energy, acting through their respective points 
of contact and in consultation with the Board, shall establish 
and carry out a Biomass Research and Development Initiative 
under which competitively awarded grants, contracts, and 
financial assistance are provided to, or entered into with, 
eligible entities to carry out research on and development and 
demonstration of— 
‘‘(A) biofuels and biobased products; and 
‘‘(B) the methods, practices, and technologies, for the 
production of biofuels and biobased products. 
‘‘(2) OBJECTIVES.—The objectives of the Initiative are to 
develop—
H. R. 2419—399 
‘‘(A) technologies and processes necessary for abundant 
commercial production of biofuels at prices competitive with 
fossil fuels; 
‘‘(B) high-value biobased products— 
‘‘(i) to enhance the economic viability of biofuels 
and power; 
‘‘(ii) to serve as substitutes for petroleum-based 
feedstocks and products; and 
‘‘(iii) to enhance the value of coproducts produced 
using the technologies and processes; and 
‘‘(C) a diversity of economically and environmentally 
sustainable domestic sources of renewable biomass for 
conversion to biofuels, bioenergy, and biobased products. 
‘‘(3) TECHNICAL AREAS.—The Secretary of Agriculture and 
the Secretary of Energy, in consultation with the Administrator 
of the Environmental Protection Agency and heads of other 
appropriate departments and agencies (referred to in this sub-
section as the ‘Secretaries’), shall direct the Initiative in the 
3 following areas: 
‘‘(A) FEEDSTOCKS
DEVELOPMENT.—Research, develop-
ment, and demonstration activities regarding feedstocks 
and feedstock logistics (including the harvest, handling, 
transport, preprocessing, and storage) relevant to produc-
tion of raw materials for conversion to biofuels and biobased 
products. 
‘‘(B) BIOFUELS
AND
BIOBASED
PRODUCTS
DEVELOP-
MENT.—Research, development, and demonstration activi-
ties to support— 
‘‘(i) the development of diverse cost-effective tech-
nologies for the use of cellulosic biomass in the produc-
tion of biofuels and biobased products; and 
‘‘(ii) product diversification through technologies 
relevant to production of a range of biobased products 
(including chemicals, animal feeds, and cogenerated 
power) that potentially can increase the feasibility of 
fuel production in a biorefinery. 
‘‘(C) BIOFUELS DEVELOPMENT ANALYSIS.— 
‘‘(i) STRATEGIC
GUIDANCE.—The development of 
analysis that provides strategic guidance for the 
application of renewable biomass technologies to 
improve sustainability and environmental quality, cost 
effectiveness, security, and rural economic develop-
ment. 
‘‘(ii) 
ENERGY
AND
ENVIRONMENTAL
IMPACT.— 
Development of systematic evaluations of the impact 
of expanded biofuel production on the environment 
(including forest land) and on the food supply for 
humans and animals, including the improvement and 
development of tools for life cycle analysis of current 
and potential biofuels. 
‘‘(iii) ASSESSMENT OF FEDERAL LAND.—Assessments 
of the potential of Federal land resources to increase 
the production of feedstocks for biofuels and biobased 
products, consistent with the integrity of soil and water 
resources and with other environmental considerations.
H. R. 2419—400 
‘‘(4) ADDITIONAL
CONSIDERATIONS.—Within the technical 
areas described in paragraph (3), the Secretaries shall support 
research and development— 
‘‘(A) to create continuously expanding opportunities for 
participants in existing biofuels production by seeking 
synergies and continuity with current technologies and 
practices; 
‘‘(B) to maximize the environmental, economic, and 
social benefits of production of biofuels and derived 
biobased products on a large scale; and 
‘‘(C) to facilitate small-scale production and local and 
on-farm use of biofuels, including the development of small- 
scale gasification technologies for production of biofuel from 
cellulosic feedstocks. 
‘‘(5) ELIGIBILITY.—To be eligible for a grant, contract, or 
assistance under this section, an applicant shall be— 
‘‘(A) an institution of higher education; 
‘‘(B) a National Laboratory; 
‘‘(C) a Federal research agency; 
‘‘(D) a State research agency; 
‘‘(E) a private sector entity; 
‘‘(F) a nonprofit organization; or 
‘‘(G) a consortium of 2 or more entities described in 
subparagraphs (A) through (F). 
‘‘(6) ADMINISTRATION.— 
‘‘(A) IN GENERAL.—After consultation with the Board, 
the points of contact shall— 
‘‘(i) publish annually 1 or more joint requests for 
proposals for grants, contracts, and assistance under 
this subsection; 
‘‘(ii) require that grants, contracts, and assistance 
under this section be awarded based on a scientific 
peer review by an independent panel of scientific and 
technical peers; 
‘‘(iii) give special consideration to applications 
that— 
‘‘(I) involve a consortia of experts from mul-
tiple institutions; 
‘‘(II) encourage the integration of disciplines 
and application of the best technical resources; 
and 
‘‘(III) increase the geographic diversity of dem-
onstration projects; and 
‘‘(iv) require that the technical areas described in 
each of subparagraphs (A), (B), and (C) of paragraph 
(3) receive not less than 15 percent of funds made 
available to carry out this section. 
‘‘(B) COST SHARE.— 
‘‘(i) RESEARCH AND DEVELOPMENT PROJECTS.— 
‘‘(I) IN GENERAL.—Except as provided in sub-
clause (II), the non-Federal share of the cost of 
a research or development project under this sec-
tion shall be not less than 20 percent. 
‘‘(II) REDUCTION.—The Secretary of Agri-
culture or the Secretary of Energy, as appropriate, 
may reduce the non-Federal share required under