Don't show this message again
7 U.S. Code § 8111. Biomass Crop Assistance Program
(a) DefinitionsIn this section:
(1) BCAP
The term “BCAP” means the Biomass Crop Assistance Program established under this section.
(2) BCAP project areaThe term “BCAP project area” means an area that—
(A)
has specified boundaries that are submitted to the Secretary by the project sponsor and subsequently approved by the Secretary;
(B)
includes producers with contract acreage that will supply a portion of the renewable biomass needed by a biomass conversion facility; and
(C)
is physically located within an economically practicable distance from the biomass conversion facility.
(3) Contract acreage
The term “contract acreage” means eligible land that is covered by a BCAP contract entered into with the Secretary.
(4) Eligible crop
(A) In general
The term “eligible crop” means a crop of renewable biomass.
(B) ExclusionsThe term “eligible crop” does not include—
(i)
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; or
(ii)
any plant that is invasive or noxious or species or varieties of plants that credible risk assessment tools or other credible sources determine are potentially invasive, as determined by the Secretary in consultation with other appropriate Federal or State departments and agencies.
(5) Eligible land
(A) In generalThe term “eligible land” includes—
(i)
agricultural and nonindustrial private forest lands (as defined in section 2103a(c) of title 16); and
(ii)
land enrolled in the conservation reserve program established under subchapter B of chapter I of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), or the Agricultural Conservation Easement Program established under subtitle H of title XII of that Act [16 U.S.C. 3865 et seq.], under a contract that will expire at the end of the current fiscal year.
(B) ExclusionsThe term “eligible land” does not include—
(i)
Federal- or State-owned land;
(ii)
land that is native sod, as of the date of enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.);
(iii)
land enrolled in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), other than land described in subparagraph (A)(ii); or
(iv)
land enrolled in the Agricultural Conservation Easement Program established under subtitle H of title XII of that Act [16 U.S.C. 3865 et seq.], other than land described in subparagraph (A)(ii).
(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) InclusionsThe 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) ExclusionsThe 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.