252 
‘‘(C) production of heat and power at a 
biofuels plant; 
‘‘(D) biomass gasification; 
‘‘(E) hydrogen made from cellulosic com-
modities for fuel cells; 
‘‘(F) renewable diesel; and 
‘‘(G) such other items as the Secretary 
considers appropriate.’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) ELIGIBLE FEEDSTOCK.— 
‘‘(A) IN
GENERAL.—The term ‘eligible 
feedstock’ means— 
‘‘(i) any plant material grown or col-
lected for the purpose of being converted to 
energy (including aquatic plants); 
‘‘(ii) any organic byproduct or residue 
from agriculture and forestry, including 
mill residues and pulping residues that can 
be converted into energy; 
‘‘(iii) any waste material that can be 
converted to energy and is derived from 
plant material, including— 
‘‘(I) wood waste and residue; 
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253 
‘‘(II) specialty crop waste, includ-
ing waste derived from orchard trees, 
vineyard crops, and nut crops; or 
‘‘(III) other fruit and vegetable 
byproducts or residues; or 
‘‘(iv) animal waste and byproducts. 
‘‘(B) EXCLUSION.—The term ‘eligible feed-
stock’ does not include corn starch.’’; 
(C) in paragraph (4), by striking ‘‘an eligi-
ble commodity’’ and inserting ‘‘eligible feed-
stock’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(5) RENEWABLE DIESEL.—The term ‘renew-
able diesel’ means any type of biobased renewable 
fuel derived from plant or animal matter that may 
be used as a substitute for standard diesel fuel and 
meets the requirements of an appropriate American 
Society for Testing and Material standard. Such 
term does not include any fuel derived from coproc-
essing an eligible feedstock with a feedstock that is 
not biomass.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
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254 
(i) by striking ‘‘The Secretary shall 
continue’’ and all that follows through ‘‘the 
Secretary makes’’ and inserting ‘‘The Sec-
retary shall make’’; and 
(ii) by striking ‘‘eligible commodities’’ 
and inserting ‘‘eligible feedstock’’; 
(B) in paragraph (2)(B), by striking ‘‘eligi-
ble commodities’’ and inserting ‘‘eligible feed-
stock’’; 
(C) in paragraph (3), by striking subpara-
graphs (B) and (C) and inserting the following: 
‘‘(B) PRIORITY.—In making payments 
under this paragraph, the Secretary shall give 
priority to contracts by considering the factors 
referred to in section 9003(e)(2)(B).’’; and 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) LIMITATION.—The Secretary may limit 
the amount of payments that may be received by an 
eligible producer under this section as the Secretary 
considers appropriate.’’; and 
(3) by striking subsection (c) and inserting the 
following: 
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255 
‘‘(c) FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary of Agriculture shall use 
to carry out this section— 
‘‘(1) $175,000,000 for fiscal year 2008; 
‘‘(2) $215,000,000 for fiscal year 2009; 
‘‘(3) $250,000,000 for fiscal year 2010; 
‘‘(4) $275,000,000 for fiscal year 2011; and 
‘‘(5) $300,000,000 for fiscal year 2012.’’. 
SEC. 5009. RESEARCH, EXTENSION, AND EDUCATIONAL 
PROGRAMS ON BIOBASED ENERGY TECH-
NOLOGIES AND PRODUCTS. 
Section 9011(j)(1)(C) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8109(j)(1)(C)) 
is amended by striking ‘‘2010’’ and inserting ‘‘2012’’. 
SEC. 5010. ENERGY COUNCIL OF THE DEPARTMENT OF AG-
RICULTURE. 
Title IX of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8101 et seq.) is further amended 
by adding at the end the following new section: 
‘‘SEC. 9012. ENERGY COUNCIL OF THE DEPARTMENT OF AG-
RICULTURE. 
‘‘(a) IN GENERAL.—The Secretary of Agriculture 
shall establish an energy council in the Office of the Sec-
retary (in this section referred to as the ‘Council’) to co-
ordinate the energy policy of the Department of Agri-
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