eligible material
(6) Eligible material (A) In general The term “eligible material” means renewable biomass harvested directly from the land, including crop residue from any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 [ 7 U.S.C. 9001 et seq.] or an amendment made by that title. (B) Inclusions The term “eligible material” shall only include— (i) eligible material that is collected or harvested by the eligible material owner— (I) directly from— (aa) National Forest System; (bb) Bureau of Land Management land; (cc) non-Federal land; or (dd) land owned by an individual Indian or Indian tribe that is held in trust by the United States for the benefit of the individual Indian or Indian tribe or subject to a restriction against alienation imposed by the United States; (II) in a manner that is consistent with— (aa) a conservation plan; (bb) a forest stewardship plan; or (cc) a plan that the Secretary determines is equivalent to a plan described in item (aa) or (bb) and consistent with Executive Order 13112 ( 42 U.S.C. 4321 note; relating to invasive species); (ii) if woody eligible material, woody eligible material that is produced on land other than contract acreage that— (I) is a byproduct of a preventative treatment that is removed to reduce hazardous fuel or to reduce or contain disease or insect infestation; and (II) if harvested from Federal land, is harvested in accordance with section 6512(e) of title 16 ; (iii) eligible material that is delivered to a qualified biomass conversion facility to be used for heat, power, biobased products, research, or advanced biofuels; and (iv) algae. (C) Exclusions The term “eligible material” does not include— (i) material that is whole grain from any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 [ 7 U.S.C. 9001 et seq.] or an amendment made by that title, including— (I) barley, corn, grain sorghum, oats, rice, or wheat; (II) honey; (III) mohair; (IV) oilseeds, including canola, crambe, flaxseed, mustard seed, rapeseed, safflower seed, soybeans, sesame seed, and sunflower seed; (V) peanuts; (VI) pulse; (VII) chickpeas, lentils, and dry peas; (VIII) dairy products; (IX) sugar; and (X) wool and cotton boll fiber; (ii) animal waste and byproducts, including fat, oil, grease, and manure; (iii) food waste and yard waste; (iv) woody eligible material that— (I) is removed outside contract acreage; and (II) is not a byproduct of a preventative treatment to reduce hazardous fuel or to reduce or contain disease or insect infestation; (v) any woody eligible material collected or harvested outside contract acreage that would otherwise be used for existing market products; or (vi) bagasse.