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SEC. 8003. FEDERAL, STATE, AND LOCAL COORDINATION
AND COOPERATION.
Section 19(b)(2)(D) of the Cooperative Forestry Assist-
ance Act of 1978 (16 U.S.C. 2113(b)(2)(D)) is amended by
inserting ‘‘except for projects submitted by an Indian
tribe,’’ before ‘‘make recommendations’’.
SEC. 8004. COMPREHENSIVE STATEWIDE FOREST PLAN-
NING.
The Cooperative Forestry Assistance Act of 1978 is
amended—
(1) by redesignating section 20 (16 U.S.C. 2114)
as section 22; and
(2) by inserting after section 19 (16 U.S.C.
2113) the following:
‘‘SEC. 20. COMPREHENSIVE STATEWIDE FOREST PLANNING.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
a comprehensive statewide forest planning program under
which the Secretary shall provide financial and technical
assistance to States for use in the development and imple-
mentation of statewide forest resource assessments and
plans.
‘‘(b) STATEWIDE FOREST RESOURCE ASSESSMENT
AND PLAN.—For a State to be eligible to receive funds
under this Act, not later than 2 years after the date of en-
actment of the Food and Energy Security Act of 2007, the
State Forester of the State, or an equivalent State official,
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shall develop a statewide forest resource assessment and
plan that, at a minimum—
‘‘(1) identifies each critical forest resource area
in the State described in section 2(c);
‘‘(2) to the maximum extent practicable—
‘‘(A) incorporates any forest management
plan of the State in existence on the date of en-
actment of this section (including community
wildfire protection plans);
‘‘(B) addresses the needs of the region, with-
out regard to the borders of each State of the re-
gion (or the political subdivisions of each State
of the region);
‘‘(C) provides a comprehensive statewide
plan (including the opportunity for public par-
ticipation in the development of the statewide
plan) for—
‘‘(i) managing the forest land in the
State;
‘‘(ii) achieving the national priorities
specified in section 2(c)(2);
‘‘(iii) monitoring the forest land in the
State; and
‘‘(iv) administering any forestry-re-
lated Federal, State, or private grants
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awarded to the State under this section or
any other provisions of law; and
‘‘(D) includes a multiyear, integrated forest
management strategy that provides a manage-
ment framework for—
‘‘(i) the administration of each appli-
cable program of the State; and
‘‘(ii) the use of any funds made avail-
able for the management of the forest land
in the State; and
‘‘(3) is determined by the Secretary to be suffi-
cient to satisfy all relevant State planning and as-
sessment requirements under this Act.
‘‘(c) COORDINATION.—In developing the statewide as-
sessment and plan under subsection (b), the State Forester
or equivalent State official shall—
‘‘(1) coordinate with—
‘‘(A) the State Forest Stewardship Coordi-
nation Committee established for the State under
section 19(b);
‘‘(B) the State wildlife agency, with respect
to strategies contained in the State wildlife ac-
tion plans;
‘‘(C) the State Technical Committee; and
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‘‘(D) applicable Federal land management
agencies; and
‘‘(2) for purposes of the Forest Legacy Program
under section 7, work cooperatively with the State
lead agency designated by the Governor.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$10,000,000 for each fiscal year.’’.
SEC. 8005. ASSISTANCE TO THE FEDERATED STATES OF MI-
CRONESIA, THE REPUBLIC OF THE MARSHALL
ISLANDS, AND THE REPUBLIC OF PALAU.
Section 13(d)(1) of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2109(d)(1)) is amended by striking
‘‘the Trust Territory of the Pacific Islands,’’ and inserting
‘‘the Federated States of Micronesia, the Republic of the
Marshall Islands, the Republic of Palau,’’.
Subtitle B—Tribal-Forest Service
Cooperative Relations
SEC. 8101. DEFINITIONS.
In this subtitle:
(1) INDIAN.—The term ‘‘Indian’’ means an indi-
vidual who is a member of an Indian tribe.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’—
(A) for purposes of title I, has the meaning
given the term in section 4 of the Indian Self-
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Determination and Education Assistance Act (25
U.S.C. 450b); and
(B) for purposes of title II, means any In-
dian or Alaska Native tribe, band, nation, pueb-
lo, village, or other community the name of
which is included on a list published by the Sec-
retary of the Interior pursuant to section 104 of
the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 479a–1).
(3) NATIONAL FOREST SYSTEM.—The term ‘‘Na-
tional Forest System’’ has the meaning given the term
in section 11(a) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C.
1609(a)).
PART I—COLLABORATION BETWEEN INDIAN
TRIBES AND FOREST SERVICE
SEC. 8111. FOREST LEGACY PROGRAM.
(a) PARTICIPATION BY INDIAN TRIBES.—Section 7 of
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c) is amended—
(1) in subsection (a), in the first sentence, by in-
serting ‘‘, including Indian tribes,’’ after ‘‘govern-
ment’’;
(2) in subsection (b), by inserting ‘‘or programs
of Indian tribes’’ after ‘‘regional programs’’;
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(3) in subsection (f), in the second sentence, by
striking ‘‘other appropriate State or regional natural
resource management agency’’ and inserting ‘‘other
appropriate natural resource management agency of
a State, region, or Indian tribe’’;
(4) in subsection (h)(2), by inserting ‘‘, includ-
ing an Indian tribe’’ before the period at the end; and
(5) in subsection (j)(2), in the first sentence, by
inserting ‘‘including Indian tribes,’’ after ‘‘govern-
mental units,’’.
(b) OPTIONAL STATE AND TRIBAL GRANTS.—Section
7(l) of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2103c(l)) is amended—
(1) in the subsection heading, by inserting ‘‘AND
TRIBAL’’ after ‘‘STATE’’;
(2) by redesignating paragraph (3) as para-
graph (4); and
(3) by striking paragraphs (1) and (2) and in-
serting the following:
‘‘(1) DEFINITION OF INDIAN TRIBE.—In this sub-
section, the term ‘Indian tribe’ has the meaning given
the term in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450b).
‘‘(2) GRANTS.—On request of a participating
State or Indian tribe, the Secretary shall provide a
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grant to the State or Indian tribe to carry out the
Forest Legacy Program in the State or with the In-
dian tribe.
‘‘(3) ADMINISTRATION.—If a State or Indian
tribe elects to receive a grant under this subsection—
‘‘(A) the Secretary shall use a portion of the
funds made available under subsection (m), as
determined by the Secretary, to provide a grant
to the State or Indian tribe; and
‘‘(B) the State or Indian tribe shall use the
grant to carry out the Forest Legacy Program in
the State or with the Indian tribe, including
through acquisition by the State or Indian tribe
of land and interests in land.
‘‘(4) EFFECT ON TRUST LAND.—
‘‘(A) INELIGIBILITY.—The Secretary shall
not provide a grant under this subsection for
any project on land held in trust by the United
States (including Indian reservations and allot-
ment land).
‘‘(B) ACQUIRED LAND.—No land acquired
using a grant provided under this subsection
shall be converted to land held in trust by the
United States on behalf of any Indian tribe.’’.
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(c) CONFORMING AMENDMENTS.—Section 7(j)(1) of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c(j)(1)) is amended by striking the first sentence and
inserting the following: ‘‘Fair market value shall be paid
for any property interest acquired (other than by donation)
under this section.’’.
SEC. 8112. FORESTRY AND RESOURCE MANAGEMENT AS-
SISTANCE FOR INDIAN TRIBES.
(a) DEFINITION OF ELIGIBLE INDIAN LAND.—In this
section, the term ‘‘eligible Indian land’’ means, with respect
to each participating Indian tribe—
(1) trust land located within the boundaries of
the reservation of the Indian tribe;
(2) land owned in fee by the Indian tribe; and
(3) trust land located outside the boundaries of
the reservation of the Indian tribe that is eligible for
use for land programs of the Indian tribe.
(b) AUTHORITY TO PROVIDE ASSISTANCE.—The Sec-
retary may provide financial, technical, educational, and
related assistance to any Indian tribe for—
(1) tribal consultation and coordination with the
Forest Service on issues relating to—
(A) access and use by members of the In-
dian tribe to National Forest System land and
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resources for traditional, religious, and cultural
purposes;
(B) coordinated or cooperative management
of resources shared by the Forest Service and the
Indian tribe; or
(C) the provision of tribal traditional, cul-
tural, or other expertise or knowledge;
(2) projects and activities for conservation edu-
cation and awareness with respect to forest land or
grassland that is eligible Indian land; and
(3) technical assistance for forest resources plan-
ning, management, and conservation on eligible In-
dian land.
(c) REQUIREMENTS.—
(1) IN GENERAL.—During any fiscal year, an
Indian tribe may participate in only 1 approved ac-
tivity that receives assistance under—
(A) subsection (b)(3); or
(B) the forest stewardship program under
section 5 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103a).
(d) IMPLEMENTATION.—
(1) IN
GENERAL.—Not later than 18 months
after the date of enactment of this Act, the Secretary
shall promulgate regulations to implement subsection
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(b), including rules for determining the distribution
of assistance under that subsection.
(2) CONSULTATION.—In developing regulations
pursuant to paragraph (1), the Secretary shall con-
duct full, open, and substantive consultation with In-
dian tribal governments and other representatives of
Indian tribes.
(e) COORDINATION WITH SECRETARY OF INTERIOR.—
In carrying out this section, the Secretary shall coordinate
with the Secretary of the Interior to ensure that activities
under subsection (b)—
(1) do not conflict with Indian tribal programs
provided by the Department of the Interior; and
(2) achieve the goals established by the affected
Indian tribes.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.
PART II—CULTURAL AND HERITAGE
COOPERATION AUTHORITY
SEC. 8121. PURPOSES.
The purposes of this part are—
(1) to authorize the reburial of human remains
and cultural items, including human remains and
cultural items repatriated under the Native American
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Graves Protection and Repatriation Act (25 U.S.C.
3001 et seq.), on National Forest System land;
(2) to prevent the unauthorized disclosure of in-
formation regarding reburial sites, including—
(A) the quantity and identity of human re-
mains and cultural items on the sites; and
(B) the location of the sites;
(3) to authorize the Secretary to ensure access to
National Forest System land, to the maximum extent
practicable, by Indians and Indian tribes for tradi-
tional and cultural purposes;
(4) to authorize the Secretary to provide forest
products free of charge to Indian tribes for traditional
and cultural purposes;
(5) to authorize the Secretary to protect the con-
fidentiality of certain information, including infor-
mation that is culturally sensitive to Indian tribes;
(6) to increase the availability of Forest Service
programs and resources to Indian tribes in support of
the policy of the United States to promote tribal sov-
ereignty and self-determination; and
(7) to strengthen support for the policy of the
United States of protecting and preserving the tradi-
tional, cultural, and ceremonial rites and practices of
Indian tribes, in accordance with Public Law 95–341
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(commonly known as the ‘‘American Indian Religious
Freedom Act’’) (42 U.S.C. 1996).
SEC. 8122. DEFINITIONS.
In this part:
(1) ADJACENT SITE.—The term ‘‘adjacent site’’
means a site that borders a boundary line of National
Forest system land.
(2) CULTURAL ITEMS.—
(A) IN
GENERAL.—The term ‘‘cultural
items’’ has the meaning given the term in section
2 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001).
(B) 
EXCEPTION.—The 
term 
‘‘cultural
items’’ does not include human remains.
(3) HUMAN
REMAINS.—The term ‘‘human re-
mains’’ means the physical remains of the body of a
person of Indian ancestry.
(4) LINEAL DESCENDANT.—The term ‘‘lineal de-
scendant’’ means an individual that can trace, di-
rectly and without interruption, the ancestry of the
individual through the traditional kinship system of
an Indian tribe, or through the common law system
of descent, to a known Indian, the human remains,
funerary objects, or other sacred objects of whom are
claimed by the individual.
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(5) REBURIAL SITE.—The term ‘‘reburial site’’
means a discrete physical location at which cultural
items or human remains are reburied.
(6) TRADITIONAL
AND
CULTURAL
PURPOSE.—
The term ‘‘traditional and cultural purpose’’, with re-
spect to a definable use, area, or practice, means that
the use, area, or practice is identified by an Indian
tribe as traditional or cultural because of the long-es-
tablished significance or ceremonial nature of the use,
area, or practice to the Indian tribe.
SEC. 8123. REBURIAL OF HUMAN REMAINS AND CULTURAL
ITEMS.
(a) REBURIAL SITES.—In consultation with an af-
fected Indian tribe or lineal descendant, the Secretary may
authorize the use of National Forest System land by the
Indian tribe or lineal descendant for the reburial of human
remains or cultural items in the possession of the Indian
tribe or lineal descendant that have been disinterred from
National Forest System land or an adjacent site.
(b) REBURIAL.—With the consent of the affected In-
dian tribe or lineal descendent, the Secretary may recover
and rebury, at Federal expense or using other available
funds, human remains and cultural items described in sub-
section (a) at the National Forest System land identified
under that subsection.
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(c) AUTHORIZATION OF USE.—
(1) IN GENERAL.—Subject to paragraph (2), the
Secretary may authorize such uses on reburial sites or
adjacent sites as the Secretary determines to be nec-
essary for management of the National Forest System.
(2) AVOIDANCE OF ADVERSE IMPACTS.—In car-
rying out paragraph (1), the Secretary shall avoid
adverse impacts to cultural items and human re-
mains, to the maximum extent practicable.
SEC. 8124. TEMPORARY CLOSURE FOR TRADITIONAL AND
CULTURAL PURPOSES.
(a) RECOGNITION OF HISTORIC USE.—The Secretary
shall, to the maximum extent practicable, ensure access to
National Forest System land by Indians for traditional and
cultural purposes, in accordance with subsection (b), in rec-
ognition of the historic use by Indians of National Forest
System land.
(b) CLOSING LAND FROM PUBLIC ACCESS.—
(1) IN GENERAL.—On receipt of a request from
an Indian tribe, the Secretary may temporarily close
from public access specifically designated National
Forest System land to protect the privacy of tribal ac-
tivities for traditional and cultural purposes.
(2) LIMITATION.—A closure of National Forest
System land under paragraph (1) shall affect the
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smallest practicable area for the minimum period
necessary for activities of the applicable Indian tribe.
(3) CONSISTENCY.—Access by Indian tribes to
National Forest System land under this subsection
shall be consistent with the purposes of Public Law
95–341 (commonly known as the ‘‘American Indian
Religious Freedom Act’’) (42 U.S.C. 1996).
SEC. 8125. FOREST PRODUCTS FOR TRADITIONAL AND CUL-
TURAL PURPOSES.
(a) IN GENERAL.—Notwithstanding section 14 of the
National Forest Management Act of 1976 (16 U.S.C. 472a),
the Secretary may provide free of charge to Indian tribes
any trees, portions of trees, or forest products from National
Forest System land for traditional and cultural purposes.
(b) PROHIBITION.—Trees, portions of trees, or forest
products provided under subsection (a) may not be used for
commercial purposes.
SEC. 8126. PROHIBITION ON DISCLOSURE.
(a) NONDISCLOSURE OF INFORMATION.—
(1) IN GENERAL.—The Secretary shall not dis-
close under section 552 of title 5, United States Code
(commonly known as the ‘‘Freedom of Information
Act’’), any information relating to—
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(A) subject to subsection (b)(l), human re-
mains or cultural items reburied on National
Forest System land under section 8123; or
(B) subject to subsection (b)(2), resources,
cultural items, uses, or activities that—
(i) have a traditional and cultural
purpose; and
(ii) are provided to the Secretary by
an Indian or Indian tribe under an express
expectation of confidentiality in the context
of forest and rangeland research activities
carried out under the authority of the For-
est Service.
(2) LIMITATIONS
ON
DISCLOSURE.—Subject to
subsection (b)(2), the Secretary shall not be required
to disclose information under section 552 of title 5,
United States Code (commonly known as the ‘‘Free-
dom of Information Act’’), concerning the identity,
use, or specific location in the National Forest System
of—
(A) a site or resource used for traditional
and cultural purposes by an Indian tribe; or
(B) any cultural items not covered under
section 8123.
(b) LIMITED RELEASE OF INFORMATION.—
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(1) REBURIAL.—The Secretary may disclose in-
formation described in subsection (a)(l)(A) if, before
the disclosure, the Secretary—
(A) consults with an affected Indian tribe
or lineal descendent;
(B) determines that disclosure of the
information—
(i) would advance the purposes of this
part; and
(ii) is necessary to protect the human
remains or cultural items from harm, theft,
or destruction; and
(C) attempts to mitigate any adverse im-
pacts identified by an Indian tribe or lineal de-
scendant that reasonably could be expected to re-
sult from disclosure of the information.
(2) OTHER INFORMATION.—The Secretary may
disclose information described under paragraph
(1)(B) or (2) of subsection if the Secretary determines
that disclosure of the information to the public—
(A) would advance the purposes of this
part;
(B) would not create an unreasonable risk
of harm, theft, or destruction of the resource, site,
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or object, including individual organic or inor-
ganic specimens; and
(C) would be consistent with other applica-
ble laws.
SEC. 8127. SEVERABILITY AND SAVINGS PROVISIONS.
(a) SEVERABILITY.—If any provision of this part, or
the application of any provision of this part to any person
or circumstance, is held invalid, the application of such
provision or circumstance and the remainder of this part
shall not be affected thereby.
(b) SAVINGS.—Nothing in this part—
(1) diminishes or expands the trust responsi-
bility of the United States to Indian tribes, or any
legal obligation or remedy resulting from that respon-
sibility;
(2) alters, abridges, repeals, or affects any valid
agreement between the Forest Service and an Indian
tribe;
(3) alters, abridges, diminishes, repeals, or af-
fects any reserved or other right of an Indian tribe;
or
(4) alters, abridges, diminishes, repeals, or af-
fects any other valid existing right relating to Na-
tional Forest System land or other public land.
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Subtitle C—Amendments to Other
Laws
SEC. 8201. RENEWABLE RESOURCES EXTENSION ACTIVI-
TIES.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 6
of the Renewable Resources Extension Act of 1978 (16
U.S.C. 1675) is amended in the first sentence by striking
‘‘2007’’ and inserting ‘‘2012’’.
(b) TERMINATION DATE.—Section 8 of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1671 note; Pub-
lic Law 95–306) is amended by striking ‘‘2007’’ and insert-
ing ‘‘2012’’.
SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY.
Section 2405(d) of the Global Climate Change Preven-
tion Act of 1990 (7 U.S.C. 6704(d)) is amended by striking
‘‘2007’’ and inserting ‘‘2012’’.
SEC. 8203. GREEN MOUNTAIN NATIONAL FOREST BOUND-
ARY ADJUSTMENT.
(a) IN GENERAL.—The boundary of the Green Moun-
tain National Forest is modified to include the 12 des-
ignated expansion units as generally depicted on the forest
maps entitled ‘‘Green Mountain Expansion Area Map I’’
and ‘‘Green Mountain Expansion Area Map II’’ and dated
February 20, 2002 (copies of which shall be on file and
available for public inspection in the Office of the Chief of
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the Forest Service, Washington, District of Columbia), and
more particularly described according to the site specific
maps and legal descriptions on file in the office of the Forest
Supervisor, Green Mountain National Forest.
(b) MANAGEMENT.—Federally owned land delineated
on the maps acquired for National Forest purposes shall
continue to be managed in accordance with the laws (in-
cluding regulations) applicable to the National Forest Sys-
tem.
(c) LAND AND WATER CONSERVATION FUND.—For the
purposes of section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460 l–9), the boundaries of
the Green Mountain National Forest, as adjusted by this
section, shall be considered to be the boundaries of the na-
tional forest as of January 1, 1965.
SEC. 8204. PREVENTION OF ILLEGAL LOGGING PRACTICES.
(a) IN GENERAL.—The Lacey Act Amendments of
1981 are amended—
(1) in section 2 (16 U.S.C. 3371)—
(A) by striking subsection (f) and inserting
the following:
‘‘(f) PLANT.—
‘‘(1) IN GENERAL.—The term ‘plant’ means any
wild member of the plant kingdom, including roots,
seeds, parts, and products thereof.
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‘‘(2) EXCLUSIONS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘plant’ excludes—
‘‘(i) any cultivar or common food crop;
or
‘‘(ii) a plant intended to remain plant-
ed, to be planted, or replanted (including
roots, seeds, and germplasm) that is—
‘‘(I)(aa) imported into the United
States 
accompanied 
by 
a
phytosanitary certificate issued by the
national plant protection organization
of the country of origin or trans-
shipment country; or
‘‘(bb) precleared for entry by the
Secretary; or
‘‘(II) a domestically produced
plant, or derived from a domestically
produced plant, that is—
‘‘(aa) moving in interstate
commerce; and
‘‘(bb) not listed pursuant to
any State law that provides for
the conservation of species threat-
ened with extinction.
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‘‘(B) LIMITATION.—The exclusions in sub-
paragraph (A) do not apply to a plant listed—
‘‘(i) on an appendix to the Convention
on International Trade in Endangered Spe-
cies of Wild Fauna and Flora, done at
Washington on March 3, 1973 (27 UST
1087; TIAS 8249); or
‘‘(ii) as an endangered or threatened
species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).’’.
(B) in subsection (h), by inserting ‘‘also’’
after ‘‘plants the term’’; and
(C) by striking subsection (j) and inserting
the following:
‘‘(j) TAKEN AND TAKING.—
‘‘(1) TAKEN.—The term ‘taken’ means captured,
killed, or collected and, with respect to a plant, also
means harvested, cut, logged, or removed.
‘‘(2) TAKING.—The term ‘taking’ means the act
by which fish, wildlife, or plants are taken.’’;
(2) in section 3 (16 U.S.C. 3372)—
(A) in subsection (a)—
(i) in paragraph (2), by striking sub-
paragraph (B) and inserting the following:
‘‘(B) any plant—
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‘‘(i) taken, possessed, transported, or
sold, in violation of any law or regulation
of any State, or any foreign law, that pro-
tects plants or that regulates—
‘‘(I) the theft of plants;
‘‘(II) the taking of plants from a
park, forest reserve, or other officially
protected area;
‘‘(III) the taking of plants from
an officially designated area; or
‘‘(IV) the taking of plants with-
out, or contrary to, required authoriza-
tion;
‘‘(ii) taken, possessed, transported, or
sold, without the payment of royalties,
taxes, or stumpage fees required for the
plant by any law or regulation of any State
or any foreign law; or
‘‘(iii) taken, possessed, transported, or
sold, in violation of any limitation under
any law or regulation of any State or under
any foreign law; or’’; and
(ii) in paragraph (3), by striking sub-
paragraph (B) and inserting the following:
‘‘(B) to possess any plant—
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‘‘(i) taken, possessed, transported, or
sold, in violation of any law or regulation
of any State, or any foreign law, that pro-
tects plants or that regulates—
‘‘(I) the theft of plants;
‘‘(II) the taking of plants from a
park, forest reserve, or other officially
protected area;
‘‘(III) the taking of plants from
an officially designated area; or
‘‘(IV) the taking of plants with-
out, or contrary to, required authoriza-
tion;
‘‘(ii) taken, possessed, transported, or
sold, without the payment of royalties,
taxes, or stumpage fees required for the
plant by any law or regulation of any State
or any foreign law; or
‘‘(iii) taken, possessed, transported, or
sold, in violation of any limitation under
any law or regulation of any State or under
any foreign law; governing the export or
transshipment of plants; or’’; and
(B) by adding at the end the following:
‘‘(f) PLANT DECLARATIONS.—
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‘‘(1) IN GENERAL.—Effective 180 days from the
date of enactment of this subsection and except as
provided in paragraph (3), it shall be unlawful for
any person to import any plant unless the person
files upon importation where clearance is requested a
declaration that contains—
‘‘(A) the scientific name of any plant (in-
cluding the genus and species of the plant) con-
tained in the importation;
‘‘(B) a description of—
‘‘(i) the value of the importation; and
‘‘(ii) the quantity, including the unit
of measure, of the plant; and
‘‘(C) the name of the country from which
the plant was taken.
‘‘(2) DECLARATION RELATING TO PLANT PROD-
UCTS.—Until the date on which the Secretary pro-
mulgates a regulation under paragraph (6), a dec-
laration relating to a plant product shall—
‘‘(A) in the case in which the species of
plant used to produce the plant product that is
the subject of the importation varies, and the
species used to produce the plant product is un-
known, contain the name of each species of plant
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that may have been used to produce the plant
product; and
‘‘(B) in the case in which the species of
plant used to produce the plant product that is
the subject of the importation is commonly taken
from more than 1 country, and the country from
which the plant was taken and used to produce
the plant product is unknown, contain the name
of each country from which the plant may have
been taken.
‘‘(3) EXCLUSIONS.—Paragraphs (1) and (2)
shall not apply to plants used exclusively as pack-
aging materials to support, protect, or carry another
item, unless the packaging materials are the items
being imported.
‘‘(4) REVIEW.—
‘‘(A) IN GENERAL.—Not later than 2 years
after the date of enactment of this subsection, the
Secretary shall review the implementation of
each requirement described in paragraphs (1)
and (2).
‘‘(B) REVIEW
OF
EXCLUDED
WOOD
AND
PAPER
PACKAGING
MATERIALS.—The
Secretary—
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‘‘(i) shall, in conducting the review
under subparagraph (A), consider the effect
of excluding the materials described in
paragraph (3); and
‘‘(ii) may limit the scope of the exclu-
sions under paragraph (3) if the Secretary
determines, based on the review, that the
limitations in scope are warranted.
‘‘(5) REPORT.—
‘‘(A) IN
GENERAL.—Not later than 180
days after the date on which the Secretary com-
pletes the review under paragraph (4), the Sec-
retary shall submit to the appropriate commit-
tees of Congress a report containing—
‘‘(i) an evaluation of—
‘‘(I) the effectiveness of each type
of information required under para-
graphs (1) and (2) in assisting enforce-
ment of section 3; and
‘‘(II) the potential to harmonize
each requirement described in para-
graphs (1) and (2) with other applica-
ble import regulations in existence as
of the date of the report;
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‘‘(ii) recommendations for such legisla-
tion as the Secretary determines to be ap-
propriate to assist in the identification of
plants that are imported into the United
States in violation of section 3; and
‘‘(iii) an analysis of the effect of the
provisions of subsection (a) and (f) on—
‘‘(I) the cost of legal plant im-
ports; and
‘‘(II) the extent and methodology
of illegal logging practices and traf-
ficking.
‘‘(B) 
PUBLIC
PARTICIPATION.—In 
con-
ducting the review under paragraph (4), the Sec-
retary shall provide public notice and an oppor-
tunity for comment.
‘‘(6) PROMULGATION
OF
REGULATIONS.—Not
later than 180 days after the date on which the Sec-
retary completes the review under paragraph (4), the
Secretary may promulgate regulations—
‘‘(A) to limit the applicability of any re-
quirement described in paragraph (2) to specific
plant products;
‘‘(B) to make any other necessary modifica-
tion to any requirement described in paragraph
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(2), as determined by the Secretary based on the
review under paragraph (4); and
‘‘(C) to limit the scope of the exclusions
under paragraph (3) if the Secretary determines,
based on the review under paragraph (4), that
the limitations in scope are warranted.’’;
(3) in section 4 (16 U.S.C. 3373)—
(A) by striking ‘‘subsections (b) and (d)’’
each place it appears and inserting ‘‘subsections
(b), (d), and (f)’’;
(B) by striking ‘‘section 3(d)’’ each place it
appears and inserting ‘‘subsection (d) or (f) of
section 3’’; and
(C) in subsection (a)(2), by striking ‘‘sub-
section 3(b)’’ and inserting ‘‘subsection (b) or
subsection (f) of section 3, except as provided in
paragraph (1),’’;
(4) by adding at the end of section 5 (16 U.S.C.
3374) the following:
‘‘(d) CIVIL FORFEITURES.—Civil forfeitures under this
section shall be governed by the provisions of chapter 46
of title 18, United States Code.’’; and
(5) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by
striking ‘‘section 4’’ and inserting ‘‘section 3(f), sec-
tion 4,’’.
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(b) TECHNICAL CORRECTION.—
(1) IN GENERAL.—Section 102(c) of Public Law
100–653 (102 Stat. 3825) is amended by striking
‘‘(other than section 3(b))’’ and inserting ‘‘(other than
subsection 3(b))’’.
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) takes effect on November 14, 1988.
(c) EXCLUSIONS.—
(A) The term plant excludes—
(i) any cultivar or common food crop; or
(ii) plants intended to remain planted, to
be planted or replanted (including roots, seeds,
and germplasm) that are—
(I) imported into the United States ac-
companied by a phytosanitary certificate
issued by the national plant protection or-
ganization of the country of origin or trans-
shipment country, or that have been
precleared for entry by the Secretary; or
(II) domestically produced, or derived
from domestically produced plants, moving
in interstate commerce; or
(iii) non-woody plant material, from plants
lacking a well-defined stem or stems and a more
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or less definite crown including roots, seeds, and
germplasm, intended for research;
(B) The exclusions in paragraph (A) do not
apply to plants listed—
(i) on an appendix to the Convention on
International Trade in Endangered Species of
Wild Fauna and Flora (27 UST 1087; TIAS
8249);
(ii) as an endangered or threatened species
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(iii) pursuant to any State law that pro-
vides for the conservation of species threatened
with extinction.
SEC. 8205. SALE AND EXCHANGE OF NATIONAL FOREST SYS-
TEM LAND, VERMONT.
(a) DEFINITIONS.—In this section:
(1) BROMLEY.—The term ‘‘Bromley’’ means
Bromley Mountain Ski Resort, Inc.
(2) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Proposed Bromley Land Sale or Exchange’’ and
dated April 7, 2004.
(3) STATE.—The term ‘‘State’’ means the State
of Vermont.
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(b) SALE OR EXCHANGE OF GREEN MOUNTAIN NA-
TIONAL FOREST LAND.—
(1) IN
GENERAL.—The Secretary may, under
any terms and conditions that the Secretary may pre-
scribe, sell or exchange any right, title, and interest
of the United States in and to the parcels of National
Forest System land described in paragraph (2).
(2) DESCRIPTION OF LAND.—The parcels of Na-
tional Forest System land referred to in paragraph
(1) are the 5 parcels of land in Bennington County
in the State, as generally depicted on the map.
(3) MAP AND LEGAL DESCRIPTIONS.—
(A) IN GENERAL.—The map shall be on file
and available for public inspection in—
(i) the office of the Chief of the Forest
Service; and
(ii) the office of the Supervisor of the
Green Mountain National Forest.
(B) MODIFICATIONS.—The Secretary may
modify the map and legal descriptions to—
(i) correct technical errors; or
(ii) facilitate the conveyance under
paragraph (1).
(4) CONSIDERATION.—Consideration for the sale
or exchange of land described in paragraph (2)—
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(A) shall be equal to an amount that is not
less than the fair market value of the land sold
or exchanged; and
(B) may be in the form of cash, land, or a
combination of cash and land.
(5) APPRAISALS.—Any appraisal carried out to
facilitate the sale or exchange of land under para-
graph (1) shall conform with the Uniform Appraisal
Standards for Federal Land Acquisitions.
(6) METHODS OF SALE.—
(A) CONVEYANCE TO BROMLEY.—
(i) IN GENERAL.—Before soliciting of-
fers under subparagraph (B), the Secretary
shall offer to convey to Bromley the land de-
scribed in paragraph (2).
(ii) CONTRACT DEADLINE.—If Bromley
accepts the offer under clause (i), the Sec-
retary and Bromley shall have not more
than 180 days after the date on which 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 Sec-
retary and Bromley do not enter into a contract
for the sale or exchange of the land by the date
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specified in subparagraph (A)(ii), the Secretary
may sell or exchange the land at public or pri-
vate sale (including auction), in accordance with
such terms, conditions, and procedures as the
Secretary determines to be in the public interest.
(C) REJECTION OF OFFERS.—The Secretary
may reject any offer received under this para-
graph 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 com-
parable to the amounts of commission gen-
erally paid for real estate transactions in
the area.
(7) CASH EQUALIZATION.—Notwithstanding sec-
tion 206(b) of the Federal Land Policy and Manage-
ment 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.—
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(1) IN GENERAL.—The Secretary shall deposit
the net proceeds from a sale or exchange under this
section in the fund established under Public Law 90–
171 (16 U.S.C. 484a) (commonly 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 Appa-
lachian National Scenic Trail and the Long Na-
tional Recreation Trail in the State;
(B) the acquisition of land and interests in
land by the Secretary for National Forest Sys-
tem purposes within the boundary of the Green
Mountain National Forest, including land for
and adjacent to the Appalachian National Sce-
nic 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.
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(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 provi-
sion 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).
(4) PROHIBITION OF TRANSFER OR REPROGRAM-
MING.—Amounts deposited under paragraph (1) shall
not be subject to transfer or reprogramming for wild-
fire management or any other emergency purposes.
(d) ACQUISITION OF LAND.—The Secretary may ac-
quire, using funds made available under subsection (c) or
otherwise made available for acquisition, land or an inter-
est 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 sec-
tion.
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Subtitle D—Qualifying Timber
Contract Options
SEC. 8301. QUALIFYING TIMBER CONTRACT OPTIONS.
(a) DEFINITIONS.—
(1) AUTHORIZED PRODUCER PRICE INDEX.—The
term ‘‘authorized Producer Price Index’’ includes—
(A) the softwood commodity index (code
number 0811);
(B) the hardwood commodity index (code
number 0812);
(C) the wood chip index (code number PCU
3211332135); and
(D) any other subsequent comparable index,
as established by the Bureau of Labor Statistics
of the Department of Labor.
(2) QUALIFYING CONTRACT.—The term ‘‘quali-
fying contract’’ means a contract for the sale of tim-
ber on National Forest System land—
(A) that was awarded during the period be-
ginning on July 1, 2004, and ending on Decem-
ber 31, 2006;
(B) for which there is unharvested volume
remaining on the parcel of land that is the sub-
ject of the contract;
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(C) for which, not later than 90 days after
the date of enactment of this Act, the timber pur-
chaser makes a written request to the Secretary
for any option described in subsection (b);
(D) that is not a salvage sale; and
(E) 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; RATE REDETERMINATION.—
Notwithstanding any other provision of law, if the
rate at which a qualifying contract would be adver-
tised as of the date of enactment of this Act is at least
50 percent less than the sum of the original purchase
rates for all of the species of timber that are the sub-
ject of the qualifying contract, the Secretary may, at
the sole discretion of the Secretary—
(A) cancel the qualifying contract if the
timber purchaser—
(i) pays 30 percent of the total value
of the qualifying contract based on current
contract rates;
(ii) completes each contractual obliga-
tion of the timber purchaser with respect to
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each unit on which harvest has begun, (in-
cluding the removal of downed timber, the
completion of road work, and the comple-
tion of erosion control work) to a logical
stopping point, as determined by the Sec-
retary, in consultation with the timber pur-
chaser; and
(iii) terminates the rights of the timber
purchaser under the qualifying contract; or
(B) redetermine the 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) IN
GENERAL.—Notwithstanding any
other provision of law, the Secretary may, at the
sole discretion of the Secretary, substitute the
Producer Price Index in provision A20 of a
qualifying contract if the timber purchaser of the
qualifying contract identifies—
(i) each product that the timber pur-
chaser intends to produce from the timber
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harvested from each unit of land that is the
subject of the qualifying contract; and
(ii) a substitute index that contains
products similar to each product identified
in clause (i) from an authorized Producer
Price Index.
(B) AUTHORITY OF SECRETARY TO MODIFY
QUALIFYING
CONTRACT.—If the Secretary sub-
stitutes the Producer Price Index of a qualifying
contract under subparagraph (A), the Secretary
may modify the qualifying contract as the Sec-
retary determines to be necessary to provide for
an emergency rate redetermination.
(c) EXTENSION OF QUALIFYING CONTRACTS.—With re-
spect to a qualifying contract for which the current contract
rate is redetermined by the Secretary under subsection
(b)(1)(B), or for which the Producer Price Index is sub-
stituted by the Secretary under subsection (b)(2), the Sec-
retary may—
(1) extend the contract term for a 1-year period
beginning on the contract termination date; and
(2) adjust the periodic payments required under
the contract in accordance with applicable law (in-
cluding regulations) and policies.
(d) EFFECT OF OPTIONS.—
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(1) IN GENERAL.—This section shall not have the
effect of surrendering any claim by the United States
against any timber purchaser that arose under a
qualifying contract before the date on which the Sec-
retary conducts a cancellation, rate redetermination,
or index substitution under subsection (b).
(2) RELEASE OF LIABILITY.—The United States
shall be released from all liability, including further
consideration or compensation, resulting from—
(A) a cancellation, rate redetermination, or
index substitution conducted by the Secretary
under subsection (b); or
(B) a determination made by the Secretary
not to cancel, redetermine any rate, or substitute
any index under subsection (b).
(3) LIMITATION.—A cancellation, rate redeter-
mination, or index substitution conducted by the Sec-
retary under subsection (b) shall release the timber
purchaser from liability for any damages resulting
from the cancellation, rate redetermination, or index
substitution.
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TITLE IX—ENERGY
SEC. 9001. ENERGY.
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 
‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency.
‘‘(2) ADVISORY
COMMITTEE.—The term ‘Advi-
sory Committee’ means the Biomass Research and De-
velopment Technical Advisory Committee established
by section 9008(d)(1).
‘‘(3) ADVANCED BIOFUEL.—
‘‘(A) IN
GENERAL.—The term ‘advanced
biofuel’ means fuel derived from renewable bio-
mass other than corn starch.
‘‘(B) INCLUSIONS.—The term ‘advanced
biofuel’ includes—
‘‘(i) biofuel derived from cellulose,
hemicellulose, or lignin;
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‘‘(ii) biofuel derived from sugar and
starch (other than ethanol derived from corn
starch);
‘‘(iii) biofuel derived from waste mate-
rial, including crop residue, other vegetative
waste material, animal waste and byprod-
ucts (including fats, oils, greases, and ma-
nure), 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 pro-
duced through the conversion of organic
matter from renewable biomass; and
‘‘(vii) other fuel derived from cellulosic
biomass.
‘‘(4) BIOBASED PRODUCT.—The term ‘biobased
product’ means a product determined by the Sec-
retary to be a commercial or industrial product (other
than food or feed) that is—
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‘‘(A) composed, in whole or in significant
part, of biological products, including renewable
domestic agricultural materials and forestry ma-
terials; or
‘‘(B) an intermediate ingredient or feed-
stock.
‘‘(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 equipment and processes that—
‘‘(A) convert renewable biomass into biofuels
and biobased products; and
‘‘(B) may produce electricity.
‘‘(8) BOARD.—The term ‘Board’ means the Bio-
mass Research and Development Board established by
section 9008(c).
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‘‘(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 High-
er Education Act of 1965 (20 U.S.C. 1002(a)).
‘‘(11) INTERMEDIATE
INGREDIENT
OR
FEED-
STOCK.—The term ‘intermediate ingredient or feed-
stock’ means a material or compound made in whole
or in significant part from biological products, in-
cluding renewable agricultural materials (including
plant, animal, and marine materials) or forestry ma-
terials, that are subsequently used to make a more
complex compound or product.
‘‘(12) RENEWABLE BIOMASS.—The term ‘renew-
able biomass’ means—
‘‘(A) materials, pre-commercial thinnings,
or removed exotic species that—
‘‘(i) are byproducts of preventive treat-
ments 
(such 
as 
trees, 
wood, 
brush,
thinnings, chips, and slash), that are
removed—
‘‘(I) to reduce hazardous fuels;
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‘‘(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 from National For-
est System land or public lands (as defined
in section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C.
1702)), in accordance with—
‘‘(I) Federal and State law;
‘‘(II) applicable land management
plans; and
‘‘(III) the requirements for old-
growth maintenance, restoration, and
management direction of paragraphs
(2), (3), and (4) of subsection (e) of
section 102 of the Healthy Forests Res-
toration Act of 2003 (16 U.S.C. 6512)
and the requirements for large-tree re-
tention of subsection (f) of that section;
or
‘‘(B) any organic matter that is available
on a renewable or recurring basis from non-Fed-
eral land or land belonging to an Indian or In-
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dian tribe that is held in trust by the United
States or subject to a restriction against alien-
ation imposed by the United States, including—
‘‘(i) 
renewable 
plant 
material,
including—
‘‘(I) feed grains;
‘‘(II) other agricultural commod-
ities;
‘‘(III) other plants and trees; and
‘‘(IV) algae; and
‘‘(ii) waste material, including—
‘‘(I) crop residue;
‘‘(II) other vegetative waste mate-
rial (including wood waste and wood
residues);
‘‘(III) animal waste and byprod-
ucts (including fats, oils, greases, and
manure);
‘‘(IV) construction waste; and
‘‘(V) food waste and yard waste.
‘‘(13) RENEWABLE ENERGY.—The term ‘renew-
able energy’ means energy derived from—
‘‘(A) a wind, solar, renewable biomass,
ocean (including tidal, wave, current, and ther-
mal), geothermal, or hydroelectric source; or
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‘‘(B) hydrogen derived from renewable bio-
mass or water using an energy source described
in subparagraph (A).
‘‘(14) RURAL AREA.—Except as otherwise pro-
vided in this title, the term ‘rural area’ has the mean-
ing given the term in section 343(a)(13)(A) of the
Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)(13)(A)).
‘‘(15) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘SEC. 9002. BIOBASED MARKETS PROGRAM.
‘‘(a) FEDERAL PROCUREMENT OF BIOBASED PROD-
UCTS.—
‘‘(1) DEFINITION
OF
PROCURING
AGENCY.—In
this subsection, the term ‘procuring agency’ means—
‘‘(A) any Federal agency that is using Fed-
eral 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) APPLICATION OF SECTION.—Except as pro-
vided in paragraph (3), each procuring agency shall
comply with this subsection (including any regula-
tions issued under this subsection), with respect to
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any purchase or acquisition of a procurement item
for which—
‘‘(A) the purchase price of the item exceeds
$10,000; or
‘‘(B) the quantity of the items or of func-
tionally-equivalent items purchased or acquired
during the preceding fiscal year was at least
$10,000.
‘‘(3) PROCUREMENT PREFERENCE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), after the date specified in ap-
plicable guidelines prepared pursuant to para-
graph (5), each procuring agency that procures
any items designated in the guidelines and items
containing designated biobased intermediate in-
gredients and feedstocks shall, in making pro-
curement decisions (consistent with maintaining
a satisfactory level of competition, considering
the guidelines), give preference to items that—
‘‘(i) are composed of the highest per-
centage of biobased products practicable;
‘‘(ii) are composed of at least 5 percent
of intermediate ingredients and feedstocks
(or a lesser percentage that the Secretary
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determines to be appropriate) as designated
by the Secretary; or
‘‘(iii) comply with the regulations
issued under section 103 of Public Law
100–556 (42 U.S.C. 6914b–1).
‘‘(B) FLEXIBILITY.—Notwithstanding sub-
paragraph (A), a procuring agency may decide
not to procure items described in that subpara-
graph if the procuring agency determines that
the items—
‘‘(i) are not reasonably available with-
in a reasonable 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 unrea-
sonable price.
‘‘(C) CERTIFICATION.—After the date speci-
fied in any applicable guidelines prepared pur-
suant to paragraph (5), contracting offices shall
require that, with respect to biobased products,
vendors certify that the biobased products to be
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used in the performance of the contract will com-
ply with the applicable specifications or other
contractual requirements.
‘‘(4) SPECIFICATIONS.—Each Federal agency
that has the responsibility for drafting or reviewing
procurement specifications shall, not later than 1
year after the date of publication of applicable guide-
lines under paragraph (5), or as otherwise specified
in the guidelines, ensure that the specifications re-
quire the use of biobased products consistent with this
subsection.
‘‘(5) GUIDELINES.—
‘‘(A) IN
GENERAL.—The Secretary, after
consultation with the Administrator, the Admin-
istrator of General Services, 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 re-
vise, guidelines for the use of procuring agencies
in complying with the requirements of this sub-
section.
‘‘(B) 
REQUIREMENTS.—The 
guidelines
under this paragraph shall—
‘‘(i) designate those items that are or
can be produced with biobased products (in-
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cluding biobased products for which there is
only a single product or manufacturer in
the category) and the procurement of which
by procuring agencies will carry out the ob-
jectives of this subsection;
‘‘(ii) designate those intermediate in-
gredients and feedstocks and finished prod-
ucts that contain significant portions of
biobased materials or components the pro-
curement of which by procuring agencies
will carry out the objectives of this sub-
section;
‘‘(iii) set forth recommended practices
with respect to the procurement of biobased
products and items containing such mate-
rials and with respect to certification by
vendors of the percentage of biobased prod-
ucts used;
‘‘(iv) provide information as to the
availability, relative price, performance,
and environmental and public health bene-
fits, of such materials and items; and
‘‘(v) 
automatically 
designate 
those
items that are composed of materials and
items designated pursuant to paragraph
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(3), if the content of the final product ex-
ceeds 50 percent (unless the Secretary deter-
mines a different composition percentage).
‘‘(C) INFORMATION
PROVIDED.—Informa-
tion provided pursuant to subparagraph (B)(iv)
with respect to a material or item shall be con-
sidered to be provided for another item made
with the same material or item.
‘‘(D) 
PROHIBITION.—Guidelines 
issued
under this paragraph may not require a manu-
facturer or vendor of biobased products, as a con-
dition of the purchase of biobased products from
the manufacturer or vendor, to provide to pro-
curing agencies more data than would be re-
quired 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) STATE
PROCUREMENT.—Not later
than 180 days after the date of enactment of this
section, the Secretary shall offer procurement
system models that States may use for the pro-
curement of biobased products by the States.
‘‘(6) ADMINISTRATION.—
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‘‘(A) OFFICE OF FEDERAL PROCUREMENT
POLICY.—The Office of Federal Procurement Pol-
icy, in cooperation with the Secretary, shall—
‘‘(i) coordinate the implementation of
this subsection with other policies for Fed-
eral 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 conducting
proactive research to inform and promote
the adoption of and compliance with pro-
curement 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, includ-
ing agency compliance with paragraph
(4); and
‘‘(II) contains a summary of the
information reported pursuant to sub-
paragraph (B).
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‘‘(B) OTHER AGENCIES.—To assist the Of-
fice of Federal Procurement Policy in carrying
out subparagraph (A)—
‘‘(i) each procuring agency shall sub-
mit each year to the Office of Federal Pro-
curement Policy, to the maximum extent
practicable, information concerning—
‘‘(I) actions taken to implement
paragraphs (3), (4), and (7);
‘‘(II) the results of the annual re-
view and monitoring program estab-
lished under paragraph (7)(B)(iii);
‘‘(III) the number and dollar
value of contracts entered into during
the year that include the direct pro-
curement of biobased products;
‘‘(IV) the number of service and
construction 
(including 
renovations
and modernizations) contracts entered
into during the year that include lan-
guage on the use of biobased products;
and
‘‘(V) the types and dollar value of
biobased products actually used by con-
tractors in carrying out service and
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construction 
(including 
renovations
and modernizations) contracts during
the previous year; and
‘‘(ii) the General Services Administra-
tion and the Defense Logistics Agency shall
submit each year to the Office of Federal
Procurement Policy, to the maximum extent
practicable, information concerning the
types and dollar value of biobased products
purchased by procuring agencies through
GSA 
Advantage!, 
the 
Federal 
Supply
Schedule, and the Defense Logistic Agency
(including the DoD EMall).
‘‘(7) PROCUREMENT PROGRAM.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of publication of applicable guide-
lines under paragraph (5), each Federal agency
shall develop a procurement program that—
‘‘(i) will ensure that items composed of
biobased products will be purchased to the
maximum extent practicable; and
‘‘(ii) is consistent with applicable pro-
visions of Federal procurement law.