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Code · BILL · 113th Congress · H.R. 2290 (Introduced in House) — To amend the Farm Security and Rural Investment Act of 2002 to improve energy programs. · Sec. 11

Sec. 11. Biomass crop assistance program

738 words·~3 min read·/bill/113/hr/2290/ih/section-11

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Section 9011 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8111 ) is amended— in subsection (a)— in paragraph (4)(B)(ii), by striking or has the potential to become invasive or noxious ; in paragraph (5)— in subparagraph (B), in the matter preceding clause (i), by striking The term and inserting Except as provided in subparagraph (C), the term ; and by adding at the end the following: Land described in clause (iii), (iv), or
(v)of subparagraph
(B)may be prepared for biomass production before October 1 of the current fiscal year, as determined by the Secretary, if a contract described in that clause that covers the land will expire at the end of the current fiscal year. ; and by adding at the end the following: The term qualifying eligible material means an eligible material, including residue from crops described in paragraph (6)(B)(i), that before transport and delivery to the biomass conversion facility— is collected or harvested by the eligible material owner— directly from— National Forest System land; Bureau of Land Management land; 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 alienation imposed by the United States; and in accordance with— applicable law and land management plans; a conservation, forest stewardship, or equivalent plan, as determined by the Secretary; Executive Order 13112 ( 42 U.S.C. 4321 note; relating to invasive species); and if harvested from Federal land, the requirements for old growth forest maintenance, restoration, and management direction provided by section 102 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6512 ) for Federal land; and if woody, is removed as a byproduct of preventive treatments to— reduce hazardous fire fuels; reduce or contain disease or insect infestation; reduce or contain invasive species; or improve ecosystem health in accordance with a landscape scale strategy, as determined by the Secretary. ; in subsection (c)— in paragraph (2)(B)— in clause (vii)— in subclause (II), by striking and at the end; in subclause (III), by adding and at the end; and by adding at the end the following: geographic and feedstock diversity of the proposed BCAP project area as compared with existing BCAP project areas; ; in clause (viii), by striking and at the end; by redesignating clause
(ix)as clause (x); and by inserting after clause
(viii)the following: the prospects for significant producer participation; and ; in paragraph (3)(C)(ii), by striking 15 and inserting 7 ; and in paragraph (5)— in subparagraph (B)— in the matter preceding clause (i), by striking the amount and inserting Except as provided in subparagraph (D), the amount ; and by striking 75 percent and inserting 50 percent ; and by adding at the end the following: In the case of a beginning, socially disadvantaged, or geographically disadvantaged farmer or rancher (as determined by the Secretary), the amount of an establishment payment under this subsection shall be up to 75 percent of the costs of establishing an eligible perennial crop covered by the contract, including the costs described in clauses
(i)through
(iii)of subparagraph (B). ; in subsection (d)— in paragraph (1), by inserting qualifying before eligible material both places it appears; in paragraph (2)(B)— by striking paragraph
(3)and inserting paragraph
(4); and by striking $45 per ton for a period of 2 years and inserting $25 per ton for a period of up to 3 years ; by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following: To ensure effective administration of this subsection, the Secretary may— require such documentation from producers or persons seeking payments as the Secretary considers necessary; establish limits on the total number and amounts of payments received by any producer or person under this subsection; and implement any additional requirements the Secretary determines necessary. ; and by striking subsection
(f)and inserting the following: Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $75,000,000 for each of fiscal years 2014 through 2018, of which not more than $15,000,000 for each fiscal year may be used for collection, harvest, storage, and transportation. In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2014 through 2018 .
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