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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. 8105. 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. 8106. 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 Infor-
mation Act’’), information relating to— 
(A) subject to subsection (b)(l), human re-
mains or cultural items reburied on National 
Forest System land under section 8103; or 
(B) subject to subsection (b)(2), resources, 
cultural items, uses, or activities that— 
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(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 Sys-
tem 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 8103. 
(b) LIMITED RELEASE OF INFORMATION.— 
(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; 
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(B) determines that disclosure of the infor-
mation— 
(i) would advance the purposes of this 
subtitle; 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 
result from disclosure of the information. 
(2) OTHER INFORMATION.—The Secretary, in 
consultation with appropriate Indian tribes, may dis-
close information described under paragraph (1)(B) 
or (2) of subsection (a) if the Secretary determines 
that disclosure of the information to the public— 
(A) would advance the purposes of this 
subtitle; 
(B) would not create an unreasonable risk 
of harm, theft, or destruction of the resource, 
site, or object, including individual organic or 
inorganic specimens; and 
(C) would be consistent with other applica-
ble laws. 
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SEC. 8107. SEVERABILITY AND SAVINGS PROVISIONS. 
(a) SEVERABILITY.—If any provision of this subtitle, 
or the application of any provision of this subtitle to any 
person or circumstance is held invalid, the application of 
such provision or circumstance and the remainder of this 
subtitle shall not be affected thereby. 
(b) SAVINGS.—Nothing in this subtitle— 
(1) diminishes or expands the trust responsi-
bility of the United States to Indian tribes, or any 
legal obligation or remedy resulting from that re-
sponsibility; 
(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. 
Subtitle C—Amendments to Other 
Forestry-Related Laws 
SEC. 8201. RURAL REVITALIZATION TECHNOLOGIES. 
Section 2371(d)(2) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) 
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is amended by striking ‘‘2004 through 2008’’ and insert-
ing ‘‘2008 through 2012’’. 
SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY. 
Section 2405(d) of the Global Climate Change Pre-
vention Act of 1990 (7 U.S.C. 6704(d)) is amended by 
striking ‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 8203. EMERGENCY FOREST RESTORATION PROGRAM. 
(a) ESTABLISHMENT.—Title IV of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 407. EMERGENCY FOREST RESTORATION PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
EMERGENCY
MEASURES.—The 
term 
‘emergency measures’ means those measures that— 
‘‘(A) are necessary to address damage 
caused by a natural disaster to natural re-
sources on nonindustrial private forest land, 
and the damage, if not treated— 
‘‘(i) would impair or endanger the 
natural resources on the land; and 
‘‘(ii) would materially affect future 
use of the land; and 
‘‘(B) would restore forest health and for-
est-related resources on the land. 
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‘‘(2) NATURAL DISASTER.—The term ‘natural 
disaster’ includes wildfires, hurricanes or excessive 
winds, drought, ice storms or blizzards, floods, or 
other resource-impacting events, as determined by 
the Secretary. 
‘‘(3) 
NONINDUSTRIAL
PRIVATE
FOREST 
LAND.—The term ‘nonindustrial private forest land’ 
means rural land, as determined by the Secretary, 
that— 
‘‘(A) has existing tree cover (or had tree 
cover immediately before the natural disaster 
and is suitable for growing trees); and 
‘‘(B) is owned by any nonindustrial private 
individual, group, association, corporation, or 
other private legal entity, that has definitive de-
cision-making authority over the land. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Agriculture. 
‘‘(b) AVAILABILITY OF ASSISTANCE.—The Secretary 
may make payments to an owner of nonindustrial private 
forest land who carries out emergency measures to restore 
the land after the land is damaged by a natural disaster. 
‘‘(c) ELIGIBILITY.—To be eligible to receive a pay-
ment under subsection (b), an owner must demonstrate 
to the satisfaction of the Secretary that the nonindustrial 
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private forest land on which the emergency measures are 
carried out had tree cover immediately before the natural 
disaster. 
‘‘(d) COST SHARE REQUIREMENT.—Payments made 
under subsection (b) shall not exceed 75 percent of the 
total cost of the emergency measures carried out by an 
owner of nonindustrial private forest land. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
funds as may be necessary to carry out this section. 
Amounts so appropriated shall remain available until ex-
pended.’’. 
(b) REGULATIONS.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Agri-
culture shall issue regulations to carry out section 407 of 
the Agricultural Credit Act of 1978, as added by sub-
section (a). 
SEC. 8204. PREVENTION OF ILLEGAL LOGGING PRACTICES. 
(a) DEFINITIONS.— 
(1) PLANT.—Subsection (f) of section 2 of the 
Lacey Act Amendments of 1981 (16 U.S.C. 3371) 
is amended to read as follows: 
‘‘(f) PLANT.— 
‘‘(1) IN
GENERAL.—The terms ‘plant’ and 
‘plants’ mean any wild member of the plant king-
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dom, including roots, seeds, parts, or products there-
of, and including trees from either natural or plant-
ed forest stands. 
‘‘(2) EXCLUSIONS.—The terms ‘plant’ and 
‘plants’ exclude— 
‘‘(A) common cultivars, except trees, and 
common food crops (including roots, seeds, 
parts, or products thereof); 
‘‘(B) a scientific specimen of plant genetic 
material (including roots, seeds, germplasm, 
parts, or products thereof) that is to be used 
only for laboratory or field research; and 
‘‘(C) any plant that is to remain planted or 
to be planted or replanted. 
‘‘(3) EXCEPTIONS TO APPLICATION OF EXCLU-
SIONS.—The exclusions made by subparagraphs (B) 
and (C) of paragraph (2) do not apply if the plant 
is listed— 
‘‘(A) in an appendix to the Convention on 
International Trade in Endangered Species of 
Wild Fauna and Flora (27 UST 1087; TIAS 
8249); 
‘‘(B) as an endangered or threatened spe-
cies under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); or 
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‘‘(C) pursuant to any State law that pro-
vides for the conservation of species that are in-
digenous to the State and are threatened with 
extinction.’’. 
(2) INCLUSION
OF
SECRETARY
OF
AGRI-
CULTURE.—Section 2(h) of the Lacey Act Amend-
ments of 1981 (16 U.S.C. 3371(h)) is amended by 
striking ‘‘plants the term means’’ and inserting 
‘‘plants, the term also means’’. 
(3) TAKEN AND TAKING.—Subsection (j) of sec-
tion 2 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3371) is amended to read as follows: 
‘‘(j) TAKEN AND TAKING.— 
‘‘(1) TAKEN.—The term ‘taken’ means cap-
tured, 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.’’. 
(b) PROHIBITED ACTS.— 
(1) OFFENSES OTHER THAN MARKING.—Sec-
tion 3(a) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3372(a)) is amended— 
(A) in paragraph (2), by striking subpara-
graph (B) and inserting the following new sub-
paragraph: 
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‘‘(B) any plant— 
‘‘(i) taken, possessed, transported, or 
sold in violation of any law or regulation of 
any State, or any foreign law, that protects 
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 author-
ization; 
‘‘(ii) taken, possessed, transported, or 
sold without the payment of appropriate 
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 ex-
port or transshipment of plants; or’’; and 
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(B) in paragraph (3), by striking subpara-
graph (B) and inserting the following subpara-
graph: 
‘‘(B) to possess any plant— 
‘‘(i) taken, possessed, transported, or 
sold in violation of any law or regulation of 
any State, or any foreign law, that protects 
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 author-
ization; 
‘‘(ii) taken, possessed, transported, or 
sold without the payment of appropriate 
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 
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under any foreign law, governing the ex-
port or transshipment of plants; or’’. 
(2) PLANT DECLARATIONS.—Section 3 of the 
Lacey Act Amendments of 1981 (16 U.S.C. 3372) 
is amended by adding at the end the following new 
subsection: 
‘‘(f) PLANT DECLARATIONS.— 
‘‘(1) IMPORT
DECLARATION.—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 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-
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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 that may have been used to produce the 
plant product; 
‘‘(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 one 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; and 
‘‘(C) in the case in which a paper or paper-
board plant product includes recycled plant 
product, contain the average percent recycled 
content without regard for the species or coun-
try of origin of the recycled plant product, in 
addition to the information for the non-recycled 
plant content otherwise required by this sub-
section. 
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‘‘(3) EXCLUSIONS.—Paragraphs (1) and (2) 
shall not apply to plants used exclusively as pack-
aging material to support, protect, or carry another 
item, unless the packaging material itself is the item 
being imported. 
‘‘(4) REVIEW.—Not later than two years after 
the date of enactment of this subsection, the Sec-
retary shall review the implementation of each re-
quirement imposed by paragraphs (1) and (2) and 
the effect of the exclusion provided by paragraph 
(3). In conducting the review, the Secretary shall 
provide public notice and an opportunity for com-
ment. 
‘‘(5) REPORT.—Not later than 180 days after 
the date on which the Secretary completes the review 
under paragraph (4), the Secretary shall submit to 
the appropriate committees of Congress a report 
containing— 
‘‘(A) an evaluation of— 
‘‘(i) the effectiveness of each type of 
information required under paragraphs (1) 
and (2) in assisting enforcement of this 
section; and 
‘‘(ii) the potential to harmonize each 
requirement imposed by paragraphs (1) 
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and (2) with other applicable import regu-
lations in existence as of the date of the 
report; 
‘‘(B) recommendations for such legislation 
as the Secretary determines to be appropriate 
to assist in the identification of plants that are 
imported into the United States in violation of 
this section; and 
‘‘(C) an analysis of the effect of subsection 
(a) and this subsection on— 
‘‘(i) the cost of legal plant imports; 
and 
‘‘(ii) the extent and methodology of il-
legal logging practices and trafficking. 
‘‘(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 imposed by paragraph (2) to specific 
plant products; 
‘‘(B) to make any other necessary modi-
fication to any requirement imposed by para-
graph (2), as determined by the Secretary 
based on the review; and 
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‘‘(C) to limit the scope of the exclusion 
provided by paragraph (3), if the limitations in 
scope are warranted as a result of the review.’’. 
(c) CROSS-REFERENCES TO NEW REQUIREMENT.— 
Section 4 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3373) is amended— 
(1) by striking ‘‘subsections (b) and (d)’’ each 
place it appears and inserting ‘‘subsections (b), (d), 
and (f)’’; 
(2) by striking ‘‘section 3(d)’’ each place it ap-
pears and inserting ‘‘subsection (d) or (f) of section 
3’’; and 
(3) in subsection (a)(2), by striking ‘‘subsection 
3(b)’’ and inserting ‘‘subsection (b) or (f) of section 
3, except as provided in paragraph (1),’’. 
(d) CIVIL FORFEITURES.—Section 5 of the Lacey 
Act Amendments of 1981 (16 U.S.C. 3374) is amended 
by adding at the end the following new subsection: 
‘‘(d) CIVIL FORFEITURES.—Civil forfeitures under 
this section shall be governed by the provisions of chapter 
46 of title 18, United States Code.’’. 
(e) ADMINISTRATION.—Section 7 of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3376) is amended— 
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(1) in subsection (a)(1), by striking ‘‘section 4 
and section’’ and inserting ‘‘sections 3(f), 4, and’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) CLARIFICATION OF EXCLUSIONS FROM DEFINI-
TION OF PLANT.—The Secretary of Agriculture and the 
Secretary of the Interior, after consultation with the ap-
propriate agencies, shall jointly promulgate regulations to 
define the terms used in section 2(f)(2)(A) for the pur-
poses of enforcement under this Act.’’. 
(f) TECHNICAL CORRECTION.—Effective as of No-
vember 14, 1988, and as if included therein as enacted, 
section 102(c) of Public Law 100–653 (102 Stat. 3825) 
is amended— 
(1) by inserting ‘‘of the Lacey Act Amendments 
of 1981’’ after ‘‘Section 4’’; and 
(2) by striking ‘‘(other than section 3(b))’’ and 
inserting ‘‘(other than subsection 3(b))’’. 
SEC. 8205. HEALTHY FORESTS RESERVE PROGRAM. 
(a) ENROLLMENT.—Section 502 of the Healthy For-
ests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)) is 
amended— 
(1) by striking subsections (e) and (f); 
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(2) by redesignating subsection (g) as sub-
section (f); and 
(3) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) METHODS OF ENROLLMENT.— 
‘‘(1) AUTHORIZED
METHODS.—Land may be 
enrolled in the healthy forests reserve program in ac-
cordance with— 
‘‘(A) a 10-year cost-share agreement; 
‘‘(B) a 30-year easement; or 
‘‘(C)(i) a permanent easement; or 
‘‘(ii) in a State that imposes a maximum 
duration for easements, an easement for the 
maximum duration allowed under State law. 
‘‘(2) LIMITATION
ON
USE
OF
COST-SHARE 
AGREEMENTS AND EASEMENTS.— 
‘‘(A) IN GENERAL.—Of the total amount 
of funds expended under the program for a fis-
cal year to acquire easements and enter into 
cost-share agreements described in paragraph 
(1)— 
‘‘(i) not more than 40 percent shall be 
used for cost-share agreements described 
in paragraph (1)(A); and 
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‘‘(ii) not more than 60 percent shall 
be used for easements described in sub-
paragraphs (B) and (C) of paragraph (1). 
‘‘(B) REPOOLING.—The Secretary may use 
any funds allocated under clause (i) or (ii) of 
subparagraph (A) that are not obligated by 
April 1 of the fiscal year for which the funds 
are made available to carry out a different 
method of enrollment during that fiscal year. 
‘‘(3) ACREAGE OWNED BY INDIAN TRIBES.—In 
the case of acreage owned by an Indian tribe, the 
Secretary may enroll acreage into the healthy forests 
reserve program through the use of— 
‘‘(A) a 30-year contract (the value of 
which shall be equivalent to the value of a 30- 
year easement); 
‘‘(B) a 10-year cost-share agreement; or 
‘‘(C) any combination of the options de-
scribed in subparagraphs (A) and (B).’’. 
(b) FINANCIAL ASSISTANCE.—Section 504(a) of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6574(a)) is amended by striking ‘‘(a) EASEMENTS OF NOT 
MORE THAN 99 YEARS’’ and all that follows through 
‘‘502(f)(1)(C)’’ and inserting the following: 
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‘‘(a) PERMANENT EASEMENTS.—In the case of land 
enrolled in the healthy forests reserve program using a 
permanent easement (or an easement described in section 
502(f)(1)(C)(ii))’’. 
(c) FUNDING.—Section 508 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6578) is amended to 
read as follows: 
‘‘SEC. 508. FUNDING. 
‘‘(a) IN GENERAL.—Of the funds of the Commodity 
Credit Corporation, the Secretary of Agriculture shall 
make available $9,750,000 for each of fiscal years 2009 
through 2012 to carry out this title. 
‘‘(b) DURATION OF AVAILABILITY.—The funds made 
available under subsection (a) shall remain available until 
expended.’’. 
Subtitle D—Boundary Adjustments 
and Land Conveyance Provisions 
SEC. 8301. GREEN MOUNTAIN NATIONAL FOREST BOUND-
ARY ADJUSTMENT. 
(a) IN GENERAL.—The boundary of the Green Moun-
tain National Forest is modified to include the 13 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 
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available for public inspection in the Office of the Chief 
of the Forest Service, Washington, District of Columbia), 
and more particularly described according to the site spe-
cific 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 Con-
servation Fund Act of 1965 (16 U.S.C. 460 l–9), the 
boundaries of the Green Mountain National Forest, as ad-
justed by this section, shall be considered to be the bound-
aries of the national forest as of January 1, 1965. 
SEC. 8302. LAND CONVEYANCES, CHIHUAHUAN DESERT NA-
TURE PARK, NEW MEXICO, AND GEORGE 
WASHINGTON NATIONAL FOREST, VIRGINIA. 
(a) CHIHUAHUAN DESERT NATURE PARK CONVEY-
ANCE.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, subject to valid 
existing rights and subsection (b), the Secretary of 
Agriculture shall convey to the Chihuahuan Desert 
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Nature Park, Inc., a nonprofit corporation in the 
State of New Mexico (in this section referred to as 
the ‘‘Nature Park’’), by quitclaim deed and for no 
consideration, all right, title, and interest of the 
United States in and to the land described in para-
graph (2) 
(2) DESCRIPTION OF LAND.— 
(A) IN GENERAL.—The parcel of land re-
ferred to in paragraph (1) consists of the ap-
proximately 935.62 acres of land in Dona Ana 
County, New Mexico, which is more particularly 
described— 
(i) as sections 17, 20, and 21 of T. 21 
S., R. 2 E., N.M.P.M.; and 
(ii) in an easement deed dated May 
14, 1998, from the Department of Agri-
culture to the Nature Park. 
(B) MODIFICATIONS.—The Secretary may 
modify the description of the land under sub-
paragraph (A) to— 
(i) correct errors in the description; or 
(ii) facilitate management of the land. 
(b) CONDITIONS.—The conveyance of land under 
subsection (a) shall be subject to— 
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(1) the reservation by the United States of all 
mineral and subsurface rights to the land, including 
any geothermal resources; 
(2) the condition that the Chihuahuan Desert 
Nature Park Board pay any costs relating to the 
conveyance; 
(3) any rights-of-way reserved by the Secretary; 
(4) a covenant or restriction in the deed to the 
land requiring that— 
(A) the land may be used only for edu-
cational or scientific purposes; and 
(B) if the land is no longer used for the 
purposes described in subparagraph (A), the 
land may, at the discretion of the Secretary, re-
vert to the United States in accordance with 
subsection (c); and 
(5) any other terms and conditions that the 
Secretary determines to be appropriate. 
(c) REVERSION.—If the land conveyed under sub-
section (a) is no longer used for the purposes described 
in subsection (b)(4)(A), the land may, at the discretion 
of the Secretary, revert to the United States. If the Sec-
retary chooses to have the land revert to the United 
States, the Secretary shall— 
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(1) determine whether the land is environ-
mentally contaminated, including contamination 
from hazardous wastes, hazardous substances, pol-
lutants, contaminants, petroleum, or petroleum by- 
products; and 
(2) if the Secretary determines that the land is 
environmentally contaminated, the Nature Park, the 
successor to the Nature Park, or any other person 
responsible for the contamination shall be required 
to remediate the contamination. 
(d) WITHDRAWAL.—All federally owned mineral and 
subsurface rights to the land to be conveyed under sub-
section (a) are withdrawn from— 
(1) location, entry, and patent under the mining 
laws; and 
(2) the operation of the mineral leasing laws, 
including the geothermal leasing laws. 
(e) WATER RIGHTS.—Nothing in subsection (a) au-
thorizes the conveyance of water rights to the Nature 
Park. 
(f) GEORGE WASHINGTON NATIONAL FOREST CON-
VEYANCE, VIRGINIA.— 
(1) CONVEYANCE REQUIRED.—The Secretary of 
Agriculture shall convey, without consideration, to 
the Central Advent Christian Church of Alleghany 
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County, Virginia (in this subsection referred to as 
the ‘‘recipient’’), all right, title, and interest of the 
United States in and to a parcel of real property in 
the George Washington National Forest, Alleghany 
County, Virginia, consisting of not more than 8 
acres, including a cemetery encompassing approxi-
mately 6 acres designated as an area of special use 
for the recipient, and depicted on the Forest Service 
map showing tract G–2032c and dated August 20, 
2002, and the Forest Service map showing the area 
of special use and dated March 14, 2001. 
(2) CONDITION OF CONVEYANCE.—The convey-
ance under this subsection shall be subject to the 
condition that the recipient accept the real property 
described in paragraph (1) in its condition at the 
time of the conveyance, commonly known as convey-
ance ‘‘as is’’. 
(3) DESCRIPTION
OF
PROPERTY.—The exact 
acreage and legal description of the real property to 
be conveyed under this subsection shall be deter-
mined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the recipient. 
(4) ADDITIONAL
TERMS
AND
CONDITIONS.— 
The Secretary may require such additional terms 
and conditions in connection with the conveyance 
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under this subsection as the Secretary considers ap-
propriate to protect the interests of the United 
States. 
SEC. 8303. SALE AND EXCHANGE OF NATIONAL FOREST 
SYSTEM 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 en-
titled ‘‘Proposed Bromley Land Sale or Exchange’’ 
and dated April 7, 2004. 
(3) STATE.—The term ‘‘State’’ means the State 
of Vermont. 
(b) SALE OR EXCHANGE OF GREEN MOUNTAIN NA-
TIONAL FOREST LAND.— 
(1) IN GENERAL.—The Secretary of Agriculture 
may, under any terms and conditions that the Sec-
retary may prescribe, 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 
National Forest System land referred to in para-
graph (1) are the 5 parcels of land in Bennington 
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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 For-
est 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)— 
(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-
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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 Sec-
retary shall offer to convey to Bromley the 
land described in paragraph (2). 
(ii) 
CONTRACT
DEADLINE.—If 
Bromley accepts the offer under clause (i), 
the Secretary and Bromley shall have not 
more than 180 days after the date on 
which any environmental analyses with re-
spect 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 con-
tract for the sale or exchange of the land by the 
date specified in subparagraph (A)(ii), the Sec-
retary may sell or exchange the land at public 
or private sale (including auction), in accord-
ance with such terms, conditions, and proce-
dures as the Secretary determines to be in the 
public interest. 
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(C) REJECTION
OF
OFFERS.—The Sec-
retary may reject any offer received under this 
paragraph if the Secretary determines that the 
offer is not adequate or is not in the public in-
terest. 
(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 
section 206(b) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716(b)), the Sec-
retary 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 proceeds from a sale or exchange under this 
section in the fund established under Public Law 
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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 ex-
pended, without further appropriation, for— 
(A) the location and relocation of the Ap-
palachian 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 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 inter-
est 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— 
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(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
RE-
PROGRAMMING.—Amounts deposited under para-
graph (1) shall not be subject to transfer or re-
programming for wildfire 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 
section. 
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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’’ in-
cludes— 
(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 established by the Bureau of Labor 
Statistics of the Department of Labor and uti-
lized by the Secretary of Agriculture. 
(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 
beginning on July 1, 2004, and ending on De-
cember 31, 2006; 
(B) for which there is unharvested volume 
remaining; 
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(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 Sec-
retary 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
REDETERMINA-
TION.—Notwithstanding any other provision of law, 
if the rate at which a qualifying contract would be 
advertised as of the date of enactment of this Act 
is at least 50 percent less than the sum of the origi-
nal 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 purchaser— 
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(i) pays 30 percent of the total value 
of the timber remaining in the qualifying 
contract based on bid rates; 
(ii) completes each contractual obliga-
tion (including the removal of downed tim-
ber, the completion 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 Sec-
retary after consultation with the timber 
purchaser; and 
(iii) terminates its rights under the 
qualifying contract; or 
(B) modify the qualifying contract to rede-
termine the current contract rate of the quali-
fying 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.— 
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(A) SUBSTITUTION.—Notwithstanding any 
other provision of law, the Secretary may, at 
the sole discretion of the Secretary, substitute 
the Producer Price Index specified in the quali-
fying contract of a timber purchaser if the tim-
ber purchaser identifies— 
(i) the products the timber purchaser 
intends to produce from the timber har-
vested under the qualifying contract; and 
(ii) a substitute index from an author-
ized Producer Price Index that more accu-
rately 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 quali-
fying contract under subparagraph (A), the 
Secretary may, at the sole discretion of the Sec-
retary, 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). 
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(C) LIMITATION
ON
MARKET-RELATED 
CONTRACT
TERM
ADDITION; PERIODIC
PAY-
MENTS.—Notwithstanding any other provision 
of law, if the Secretary substitutes the Producer 
Price Index of a qualifying contract under sub-
paragraph (A), the Secretary may, at the sole 
discretion of the Secretary, modify the quali-
fying contract— 
(i) to adjust the term in accordance 
with the market-related contract term ad-
dition 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 criteria in such section 
are met for 2 or more consecutive calendar 
year quarters beginning with the calendar 
quarter in which the Secretary substitutes 
the Producer Price Index under subpara-
graph (A); and 
(ii) to adjust the periodic payments 
required under the contract in accordance 
with applicable law and policies. 
(3) CONTRACTS
USING
HARDWOOD
LUMBER 
INDEX.—With respect to a qualifying contract using 
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the hardwood commodity index referred to in sub-
section (a)(1)(B) for which the Secretary does not 
substitute the Producer Price Index under para-
graph (2), the Secretary may, at the sole discretion 
of the Secretary— 
(A) extend the contract term for a 1-year 
period beginning on the current contract termi-
nation date; and 
(B) adjust the periodic payments required 
under the contract in accordance with applica-
ble law and policies. 
(c) EXTENSION
OF MARKET-RELATED CONTRACT 
TERM
ADDITION
TIME
LIMIT
FOR
CERTAIN
CON-
TRACTS.—Notwithstanding any other provision of law, 
upon the written request of a timber purchaser, the Sec-
retary 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 ad-
just the term of the contract in accordance with the mar-
ket-related contract term addition provision in the con-
tract and section 223.52 of title 36, Code of Federal Regu-
lations, as in effect on the date of the modification, except 
that the Secretary may add no more than 4 years to the 
original contract length. 
(d) EFFECT OF OPTIONS.— 
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(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 con-
tract or redetermines the rate under subsection 
(b)(1), substitutes a Producer Price Index 
under subsection (b)(2), or modifies the con-
tract 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 re-
quest for any option provided under subsections (b) 
and (c), a timber purchaser shall release the United 
States from all liability, including further consider-
ation or compensation, resulting from— 
(A) the cancellation of a qualifying con-
tract 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 sub-
section (b)(3) or a determination by the Sec-
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retary not to provide the cancellation, redeter-
mination, substitution, or modification; or 
(B) the modification of the term of a tim-
ber sale contract (including a qualifying con-
tract) 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 cancellation of a qualifying contract 
by the Secretary under subsection (b)(1) shall re-
lease the timber purchaser from further obligation 
under the canceled contract. 
SEC. 
8402. 
HISPANIC-SERVING 
INSTITUTION 
AGRICUL-
TURAL LAND NATIONAL RESOURCES LEAD-
ERSHIP PROGRAM. 
(a) DEFINITION
OF HISPANIC-SERVING INSTITU-
TION.—In this section, the term ‘‘Hispanic-serving institu-
tion’’ has the meaning given 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 Agri-
culture may make grants, on a competitive basis, to His-
panic-serving institutions for the purpose of establishing 
an undergraduate scholarship program to assist in the re-
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cruitment, 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 agen-
cies, 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 ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) ADVISORY COMMITTEE.—The term ‘Advi-
sory Committee’ means the Biomass Research and 
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Development Technical Advisory Committee estab-
lished 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 kernel starch. 
‘‘(B) INCLUSIONS.—Subject to subpara-
graph (A), the term ‘advanced biofuel’ in-
cludes— 
‘‘(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 mate-
rial, including crop residue, other vegeta-
tive waste material, animal waste, food 
waste, and yard waste; 
‘‘(iv) diesel-equivalent fuel derived 
from renewable biomass, including vege-
table oil and animal fat; 
‘‘(v) biogas (including landfill gas and 
sewage waste treatment gas) produced 
through the conversion of organic matter 
from renewable biomass; 
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‘‘(vi) butanol or other alcohols pro-
duced through the conversion of organic 
matter from renewable biomass; and 
‘‘(vii) other fuel derived from cel-
lulosic 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— 
‘‘(A) composed, in whole or in significant 
part, of biological products, including renewable 
domestic agricultural materials and forestry 
materials; 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 bio-
mass into— 
‘‘(A) heat; 
‘‘(B) power; 
‘‘(C) biobased products; or 
‘‘(D) advanced biofuels. 
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‘‘(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 estab-
lished 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
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. 
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‘‘(12) RENEWABLE
BIOMASS.—The term ‘re-
newable biomass’ means— 
‘‘(A) materials, pre-commercial thinnings, 
or invasive species from National Forest Sys-
tem land and public lands (as defined in section 
103 of the Federal Land Policy and Manage-
ment 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— 
‘‘(aa) 
old-growth 
mainte-
nance, restoration, and manage-
ment direction of paragraphs (2), 
(3), and (4) of subsection (e) of 
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section 102 of the Healthy For-
ests 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 renewable 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 alien-
ation imposed by the United States, including— 
‘‘(i) renewable plant material, includ-
ing— 
‘‘(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 ma-
terial (including wood waste and wood 
residues); 
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‘‘(III) animal waste and byprod-
ucts (including fats, oils, greases, and 
manure); and 
‘‘(IV) 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 
‘‘(B) hydrogen derived from renewable bio-
mass or water using an energy source described 
in subparagraph (A). 
‘‘(14) 
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 
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. 
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‘‘(2) PROCUREMENT PREFERENCE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) PROCURING
AGENCY
DUTIES.— 
Except as provided in clause (ii) and sub-
paragraph (B), after the date specified in 
applicable guidelines prepared pursuant to 
paragraph (3), each procuring agency 
shall— 
‘‘(I) establish a procurement pro-
gram, develop procurement specifica-
tions, and procure biobased products 
identified under the guidelines de-
scribed in paragraph (3) in accord-
ance with this section; and 
‘‘(II) with respect to items de-
scribed in the guidelines, give a pro-
curement preference to those items 
that— 
‘‘(aa) are composed of the 
highest percentage of biobased 
products practicable; or 
‘‘(bb) comply with the regu-
lations issued under section 103 
of Public Law 100–556 (42 
U.S.C. 6914b–1). 
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‘‘(ii) EXCEPTION.—The requirements 
of clause (i)(I) to establish a procurement 
program and develop procurement speci-
fications shall not apply to a person de-
scribed in paragraph (1)(B). 
‘‘(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 specifica-
tions; or 
‘‘(II) the reasonable performance 
standards of the procuring agencies; 
or 
‘‘(iii) are available only at an unrea-
sonable price. 
‘‘(C) 
MINIMUM
REQUIREMENTS.—Each 
procurement program required under this sub-
section shall, at a minimum— 
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‘‘(i) be consistent with applicable pro-
visions of Federal procurement law; 
‘‘(ii) ensure that items composed of 
biobased products will be purchased to the 
maximum extent practicable; 
‘‘(iii) include a component to promote 
the procurement program; 
‘‘(iv) provide for an annual review and 
monitoring of the effectiveness of the pro-
curement program; and 
‘‘(v) adopt 1 of the 2 polices described 
in subparagraph (D) or (E), or a policy 
substantially equivalent to either of those 
policies. 
‘‘(D) CASE-BY-CASE POLICY.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (B) and except as provided in 
clause (ii), a procuring agency adopting 
the case-by-case policy shall award a con-
tract to the vendor offering an item com-
posed of the highest percentage of biobased 
products practicable. 
‘‘(ii) EXCEPTION.—Subject to sub-
paragraph (B), an agency adopting the 
policy described in clause (i) may make an 
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award to a vendor offering items with less 
than the maximum biobased products con-
tent. 
‘‘(E) MINIMUM
CONTENT
STANDARDS.— 
Subject to subparagraph (B), a procuring agen-
cy adopting the minimum content standards 
policy shall establish minimum biobased prod-
ucts 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 perform-
ance of the contract will comply with the appli-
cable specifications or other contractual require-
ments. 
‘‘(3) GUIDELINES.— 
‘‘(A) IN GENERAL.—The Secretary, after 
consultation with the Administrator, the Ad-
ministrator of General Services, and the Sec-
retary of Commerce (acting through the Direc-
tor of the National Institute of Standards and 
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Technology), shall prepare, and from time to 
time revise, guidelines for the use of procuring 
agencies in complying with the requirements of 
this subsection. 
‘‘(B) 
REQUIREMENTS.—The 
guidelines 
under this paragraph shall— 
‘‘(i) designate those items (including 
finished products) that are or can be pro-
duced with biobased products (including 
biobased products for which there is only a 
single product or manufacturer in the cat-
egory) that will be subject to the pref-
erence described in paragraph (2); 
‘‘(ii) designate those intermediate in-
gredients and feedstocks that are or can be 
used to produce items that will be subject 
to the preference described in paragraph 
(2); 
‘‘(iii) automatically designate items 
composed of intermediate ingredients and 
feedstocks designated under clause (ii), if 
the content of the designated intermediate 
ingredients and feedstocks exceeds 50 per-
cent of the item (unless the Secretary de-
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‘‘(A) the State inspection program of the 
State in which the establishment is located; and 
‘‘(B) this Act, including rules and regula-
tions issued under this Act. 
‘‘(4) MEAT
ITEM.—The term ‘meat item’ 
means— 
‘‘(A) a portion of meat; and 
‘‘(B) a meat food product. 
‘‘(5) SELECTED
ESTABLISHMENT.—The term 
‘selected establishment’ means an eligible establish-
ment that is selected by the Secretary, in coordina-
tion with the appropriate State agency of the State 
in which the eligible establishment is located, under 
subsection (b) to ship carcasses, portions of car-
casses, and meat items in interstate commerce. 
‘‘(b) AUTHORITY OF SECRETARY TO ALLOW SHIP-
MENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary, in coordination with the appropriate 
State agency of the State in which an establishment 
is located, may select the establishment to ship car-
casses, portions of carcasses, and meat items in 
interstate commerce, and place on each carcass, por-
tion of a carcass, and meat item shipped in inter-
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