7 U.S. Code § 8108 - Biomass research and development
In this section:
(1) Biobased product
The term “biobased product” means—
The term “demonstration” means demonstration of technology in a pilot plant or semi-works scale facility, including a plant or facility located on a farm.
(b) Cooperation and coordination in biomass research and development
(1) In general
The Secretary of Agriculture and the Secretary of Energy shall coordinate policies and procedures that promote research and development regarding the production of biofuels and biobased products.
(2) Points of contact
To coordinate research and development programs and activities relating to biofuels and biobased products that are carried out by their respective departments—
(A) the Secretary of Agriculture shall designate, as the point of contact for the Department of Agriculture, an officer of the Department of Agriculture appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate; and
(c) Biomass Research and Development Board
There is established the Biomass Research and Development Board to carry out the duties described in paragraph (3).
The Board shall consist of—
(A) the point of contacts of the Department of Energy and the Department of Agriculture, who shall serve as cochairpersons of the Board;
(B) a senior officer of each of the Department of the Interior, the Environmental Protection Agency, the National Science Foundation, and the Office of Science and Technology Policy, each of whom shall have a rank that is equivalent to the rank of the points of contact; and
The Board shall—
(A) coordinate research and development activities relating to biofuels and biobased products—
(C) ensure that—
Each agency represented on the Board is encouraged to provide funds for any purpose under this section.
(d) Biomass Research and Development Technical Advisory Committee
There is established the Biomass Research and Development Technical Advisory Committee to carry out the duties described in paragraph (3).
(A) In general
The Advisory Committee shall consist of—
(iii) an individual affiliated with an institution of higher education who has expertise in biofuels and biobased products;
(iv) 2 prominent engineers or scientists from government or academia who have expertise in biofuels and biobased products;
(vii) an individual associated with State government who has expertise in biofuels and biobased products;
The Advisory Committee shall—
(B) evaluate and make recommendations in writing to the Board regarding whether—
(i) funds authorized for the Initiative are distributed and used in a manner that is consistent with the objectives, purposes, and considerations of the Initiative;
(iii) objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest;
(iv) the points of contact are funding proposals under this chapter that are selected on the basis of merit, as determined by an independent panel of scientific and technical peers predominantly from outside the Departments of Agriculture and Energy; and
To avoid duplication of effort, the Advisory Committee shall coordinate its activities with those of other Federal advisory committees working in related areas.
(e) Biomass Research and Development Initiative
(1) In general
The Secretary of Agriculture and the Secretary of Energy, acting through their respective points of contact and in consultation with the Board, shall establish and carry out a Biomass Research and Development Initiative under which competitively awarded grants, contracts, and financial assistance are provided to, or entered into with, eligible entities to carry out research on and development and demonstration of—
The objectives of the Initiative are to develop—
(A) technologies and processes necessary for abundant commercial production of biofuels at prices competitive with fossil fuels;
(B) high-value biobased products—
(3) Technical areas
The Secretary of Agriculture and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and heads of other appropriate departments and agencies (referred to in this subsection as the “Secretaries”), shall direct the Initiative in the 3 following areas:
(A) Feedstocks development
Research, development, and demonstration activities regarding feedstocks and feedstock logistics (including the harvest, handling, transport, preprocessing, and storage) relevant to production of raw materials for conversion to biofuels and biobased products.
(B) Biofuels and biobased products development
Research, development, and demonstration activities to support—
(i) the development of diverse cost-effective technologies for the use of cellulosic biomass in the production of biofuels and biobased products; and
(C) Biofuels development analysis
(i) Strategic guidance The development of analysis that provides strategic guidance for the application of renewable biomass technologies to improve sustainability and environmental quality, cost effectiveness, security, and rural economic development.
(ii) Energy and environmental impact Development of systematic evaluations of the impact of expanded biofuel production on the environment (including forest land) and on the food supply for humans and animals, including the improvement and development of tools for life cycle analysis of current and potential biofuels.
(4) Additional considerations
Within the technical areas described in paragraph (3), the Secretaries shall support research and development—
(A) to create continuously expanding opportunities for participants in existing biofuels production by seeking synergies and continuity with current technologies and practices;
(B) to maximize the environmental, economic, and social benefits of production of biofuels and derived biobased products on a large scale; and
To be eligible for a grant, contract, or assistance under this section, an applicant shall be—
(A) In general
After consultation with the Board, the points of contact shall—
(i) publish annually 1 or more joint requests for proposals for grants, contracts, and assistance under this subsection;
(ii) require that grants, contracts, and assistance under this section be awarded based on a scientific peer review by an independent panel of scientific and technical peers;
(iii) give special consideration to applications that—
(B) Cost share
(i) Research and development projects
(I) In general Except as provided in subclause (II), the non-Federal share of the cost of a research or development project under this section shall be not less than 20 percent.
(C) Technology and information transfer
The Secretary of Agriculture and the Secretary of Energy shall ensure that applicable research results and technologies from the Initiative are—
(f) Administrative support and funds
(1) In general
The Secretary of Energy and the Secretary of Agriculture may provide such administrative support and funds of the Department of Energy and the Department of Agriculture to the Board and the Advisory Committee as are necessary to enable the Board and the Advisory Committee to carry out their duties under this section.
(2) Other agencies
The heads of the agencies referred to in subsection (c)(2)(B), and the other members of the Board appointed under subsection (c)(2)(C), are encouraged to provide administrative support and funds of their respective agencies to the Board and the Advisory Committee.
For each fiscal year for which funds are made available to carry out this section, the Secretary of Energy and the Secretary of Agriculture shall jointly submit to Congress a detailed report on—
(1) the status and progress of the Initiative, including a report from the Advisory Committee on whether funds appropriated for the Initiative have been distributed and used in a manner that is consistent with the objectives and requirements of this section;
(2) the general status of cooperation and research and development efforts carried out at each agency with respect to biofuels and biobased products; and
(1) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out this section, to remain available until expended—
 See References in Text note below.
Source(Pub. L. 107–171, title IX, § 9008, as added Pub. L. 110–234, title IX, § 9001(a),May 22, 2008, 122 Stat. 1318, and Pub. L. 110–246, § 4(a), title IX, § 9001(a),June 18, 2008, 122 Stat. 1664, 2079; amended Pub. L. 112–240, title VII, § 701(f)(7),Jan. 2, 2013, 126 Stat. 2365; Pub. L. 113–79, title IX, § 9008,Feb. 7, 2014, 128 Stat. 931.)
References in Text
Section 5925e of this title, referred to in subsec. (e)(6)(C)(ii), was repealed by Pub. L. 113–79, title VII, § 7212(a),Feb. 7, 2014, 128 Stat. 886.
Pub. L. 110–234and Pub. L. 110–246enacted identical sections. Pub. L. 110–234was repealed by section 4(a) ofPub. L. 110–246.
A prior section 8108,Pub. L. 107–171, title IX, § 9010,May 13, 2002, 116 Stat. 485, related to continuation of bioenergy program, prior to the general amendment of this chapter by Pub. L. 110–246. See section 8105 of this title.
A prior section 9008 ofPub. L. 107–171amended title III of Pub. L. 106–224, which was classified to chapter 112 (§ 8601 et seq.) of this title prior to repeal by Pub. L. 110–246, § 9001(b).
2014—Subsec. (h)(1)(E). Pub. L. 113–79, § 9008(1), added subpar. (E).
Subsec. (h)(2). Pub. L. 113–79, § 9008(2), substituted “$20,000,000 for each of fiscal years 2014 through 2018” for “$35,000,000 for each of fiscal years 2009 through 2013”.
2013—Subsec. (h)(2). Pub. L. 112–240substituted “2013” for “2012”.
Effective Date of 2013 Amendment