§ 15855. Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, and other commercial purposes

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 title II § 210 · 119 Stat. 594

   Enacted · 42 U.S.C. § 15855

   Pub. L. 109–58, title II, § 210, Aug. 8, 2005, 119 Stat. 658

   Source evidence

   Code source credit
   Pub. L. 109–58, title II, § 210, Aug. 8, 2005, 119 Stat. 658

   Enacted provision · exact public law section
   SEC. 210. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, AND OTHER COMMERCIAL PURPOSES. (a) Definitions.— In this section: (1) Biomass.— The term “biomass” means nonmerchantable materials or precommercial thinnings that are byproducts of preventive treatments, such as trees, wood, brush, thinnings, chips, and slash, that are removed— (A) to reduce hazardous fuels; (B) to reduce or contain disease or insect infestation; or (C) to restore forest health. (2) Indian tribe.— The term “Indian tribe” has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (3) Nonmerchantable.— For purposes of subsection (b), the term “nonmerchantable” means that portion of the byproducts of preventive treatments that would not otherwise be used for higher value products. (4) Person.— The term “person” includes— (A) an individual; (B) a community (as determined by the Secretary concerned); (C) an Indian tribe; (D) a small business or a corporation that is incorporated in the United States; and (E) a nonprofit organization. (5) Preferred community.— The term “preferred community” means— (A) any Indian tribe; (B) any town, township, municipality, or other similar unit of local government (as determined by the Secretary concerned) that— (i) has a population of not more than 50,000 individuals; and (ii) the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation; or (C) any county that— (i) is not contained within a metropolitan statistical area; and (ii) the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation. (6) Secretary concerned.— The term “Secretary concerned” means the Secretary of Agriculture or the Secretary of the Interior. (b) Biomass Commercial Use Grant Program.— (1) In general.— The Secretary concerned may make grants to any person in a preferred community that owns or operates a facility that uses biomass as a raw material to produce electric energy, sensible heat, or transportation fuels to offset the costs incurred to purchase biomass for use by such facility. (2) Grant amounts.— A grant under this subsection may not exceed $20 per green ton of biomass delivered. (3) Monitoring of grant recipient activities.— As a condition of a grant under this subsection, the grant recipient shall keep such records as the Secretary concerned may require to fully and correctly disclose the use of the grant funds and all transactions involved in the purchase of biomass. Upon notice by a representative of the Secretary concerned, the grant recipient shall afford the representative reasonable access to the facility that purchases or uses biomass and an opportunity to examine the inventory and records of the facility. (c) Improved Biomass Use Grant Program.— (1) In general.— The Secretary concerned may make grants to persons to offset the cost of projects to develop or research opportunities to improve the use of, or add value to, biomass. In making such grants, the Secretary concerned shall give preference to persons in preferred communities. (2) Selection.— The Secretary concerned shall select a grant recipient under paragraph (1) after giving consideration to— (A) the anticipated public benefits of the project, including the potential to develop thermal or electric energy resources or affordable energy; (B) opportunities for the creation or expansion of small businesses and micro-businesses; (C) the potential for new job creation; (D) the potential for the project to improve efficiency or develop cleaner technologies for biomass utilization; and (E) the potential for the project to reduce the hazardous fuels from the areas in greatest need of treatment. (3) Grant amount.— A grant under this subsection may not exceed $500,000. (d) Authorization of Appropriations.— There are authorized to be appropriated $50,000,000 for each of the fiscal years 2006 through 2016 to carry out this section. (e) Report.— Not later than October 1, 2010, the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Resources, the Committee on Energy and Commerce, and the Committee on Agriculture of the House of Representatives, a report describing the results of the grant programs authorized by this section. The report shall include the following: (1) An identification of the size, type, and use of biomass by persons that receive grants under this section. (2) The distance between the land from which the biomass was removed and the facility that used the biomass. (3) The economic impacts, particularly new job creation, resulting from the grants to and operation of the eligible operations.

2. 2006

   Sierra National Forest Land Exchange Act of 2006

   Pub. L. 109–375 § 6 · 120 Stat. 2656

   Substituted · 42 U.S.C. § 15855(d)

   Pub. L. 109–375 substituted “$50,000,000 for fiscal year 2006 and $35,000,000 for each of fiscal years 2007 through 2016” for “$50,000,000 for each of the fiscal years 2006 through 2016”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–375 substituted “$50,000,000 for fiscal year 2006 and $35,000,000 for each of fiscal years 2007 through 2016” for “$50,000,000 for each of the fiscal years 2006 through 2016”.

   Enacted provision · exact public law section
   SEC. 6. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, AND OTHER COMMERCIAL PURPOSES.   Section 210(d) of the Energy Policy Act of 2005 (42 U.S.C. 15855(d)) is amended by striking “$50,000,000 for each of the fiscal years 2006 through 2016” and inserting “$50,000,000 for fiscal year 2006 and $35,000,000 for each of fiscal years 2007 through 2016”.

2 of 2 references resolved to an enrolled provision