Title 7 — Agriculture
Chapter 107 — Renewable Energy Research and Development
§ 8101. Definitions
Statutory text
Except as otherwise provided, in this chapter:
Administrator
The term “Administrator” means the Administrator of the Environmental Protection Agency.
Advisory Committee
The term “Advisory Committee” means the Biomass Research and Development Technical Advisory Committee established by section 8108(d)(1) of this title.
Advanced biofuel
In general
The term “advanced biofuel” means fuel derived from renewable biomass other than corn kernel starch.
Inclusions
Subject to subparagraph (A), the term “advanced biofuel” includes—
biofuel derived from cellulose, hemicellulose, or lignin;
biofuel derived from sugar and starch (other than ethanol derived from corn kernel starch);
biofuel derived from waste material, including crop residue, other vegetative waste material, animal waste, food waste, and yard waste;
diesel-equivalent fuel derived from renewable biomass, including vegetable oil and animal fat;
biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass;
butanol or other alcohols produced through the conversion of organic matter from renewable biomass; and
other fuel derived from cellulosic biomass.
Biobased product
The term “biobased product” means a product determined by the Secretary to be a commercial or industrial product (other than food or feed) that is—
composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials, renewable chemicals, and forestry materials; or
an intermediate ingredient or feedstock.
Biofuel
The term “biofuel” means a fuel derived from renewable biomass.
Biomass conversion facility
The term “biomass conversion facility” means a facility that converts or proposes to convert renewable biomass into—
heat;
power;
biobased products; or
advanced biofuels.
Biorefinery
The term “biorefinery” means a facility (including equipment and processes) that—
converts renewable biomass or an intermediate ingredient or feedstock of renewable biomass into any 1 or more, or a combination, of—
biofuels;
renewable chemicals; or
biobased products; and
may produce electricity.
Board
The term “Board” means the Biomass Research and Development Board established by section 8108(c) of this title.
Forest product
In general
The term “forest product” means a product made from materials derived from the practice of forestry or the management of growing timber.
Inclusions
The term “forest product” includes—
pulp, paper, paperboard, pellets, lumber, and other wood products; and
any recycled products derived from forest materials.
Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
Institution of higher education
The term “institution of higher education” has the meaning given the term in section 1002(a) of title 20.
Intermediate ingredient or feedstock
The term “intermediate ingredient or feedstock” means a material or compound made in whole or in significant part from biological products, including renewable agricultural materials (including plant, animal, and marine materials) or forestry materials, that are subsequently used to make a more complex compound or product.
Renewable biomass
The term “renewable biomass” means—
materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 1702 of title 43) that—
are byproducts of preventive treatments that are removed—
to reduce hazardous fuels;
to reduce or contain disease or insect infestation; or
to restore ecosystem health;
would not otherwise be used for higher-value products; and
are harvested in accordance with—
applicable law and land management plans; and
the requirements for—
old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 6512 of title 16; and
large-tree retention of subsection (f) of that section; or
any organic matter that is available on a renewable or recurring basis from 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, including—
renewable plant material, including—
feed grains;
other agricultural commodities;
other plants and trees; and
algae; and
waste material, including—
crop residue;
other vegetative waste material (including wood waste and wood residues);
animal waste and byproducts (including fats, oils, greases, and manure); and
food waste and yard waste.
Renewable chemical
The term “renewable chemical” means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass.
Renewable energy
The term “renewable energy” means energy derived from—
a wind, solar, renewable biomass, ocean (including tidal, wave, current, and thermal), geothermal, or hydroelectric source; or
hydrogen derived from renewable biomass or water using an energy source described in subparagraph (A).
Renewable energy system
In general
Subject to subparagraph (C), the term “renewable energy system” means a system that produces usable energy from a renewable energy source.
Inclusions
The term “renewable energy system” includes—
distribution components necessary to move energy produced by a system described in subparagraph (A) to the initial point of sale; and
other components and ancillary infrastructure of a system described in subparagraph (A), such as a storage system.
Limitation
A system described in subparagraph (A) may not include a mechanism for dispensing energy at retail.
Secretary
The term “Secretary” means the Secretary of Agriculture.
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.
Pub. L. 107–171 title IX § 9001 · 116 Stat. 134
Enacted · 7 U.S.C. § 8101
Pub. L. 107–171, title IX, § 9001, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1303, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2064
Source evidence
Code source credit
Pub. L. 107–171, title IX, § 9001, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1303, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2064Enacted provision · exact public law section
SEC. 9001. DEFINITIONS. In this title: (1) Administrator.— The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) Biobased product.— The term “biobased product” means a product determined by the Secretary to be a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products or renewable domestic agricultural materials (including plant, animal, and marine materials) or forestry materials. (3) Biomass.— (A) In general.— The term “biomass” means any organic material that is available on a renewable or recurring basis. (B) Inclusions.— The term “biomass” includes— (i) agricultural crops; (ii) trees grown for energy production; (iii) wood waste and wood residues; (iv) plants (including aquatic plants and grasses); (v) residues; (vi) fibers; (vii) animal wastes and other waste materials; and (viii) fats, oils, and greases (including recycled fats, oils, and greases). (C) Exclusions.— The term “biomass” does not include— (i) paper that is commonly recycled; or (ii) unsegregated solid waste. (4) Renewable energy.— The term “renewable energy” means energy derived from— (A) a wind, solar, biomass, or geothermal source; or (B) hydrogen derived from biomass or water using an energy source described in subparagraph (A). (5) Rural small business.— The term “rural small business” has the meaning that the Secretary shall prescribe by regulation. (6) Secretary.— The term “Secretary” means the Secretary of Agriculture.Agricultural Act of 2014
Pub. L. 113–79 § 9001(2) · 128 Stat. 649
Redesignated · 7 U.S.C. § 8101(9)
Pub. L. 113–79, § 9001(2), added par. (9). Former par. (9) redesignated (10)
Source evidence
Code amendment note
Par. (9). Pub. L. 113–79, § 9001(2), added par. (9). Former par. (9) redesignated (10).Enacted provision · exact public law section
(2) inserting after paragraph (8), the following new paragraph: “(9) Forest product.— “(A) In general.— The term ‘forest product’ means a product made from materials derived from the practice of forestry or the management of growing timber. “(B) Inclusions.— The term ‘forest product’ includes— “(i) pulp, paper, paperboard, pellets, lumber, and other wood products; and “(ii) any recycled products derived from forest materials.” ;Agricultural Act of 2014
Pub. L. 113–79 § 9001(1) · 128 Stat. 649
Redesignated · 7 U.S.C. § 8101(10)(13)
Pub. L. 113–79, § 9001(1), redesignated pars. (9) to (12) as (10) to (13), respectively. Former par. (13) redesignated (15)
Source evidence
Code amendment note
Par. (10) to (13). Pub. L. 113–79, § 9001(1), redesignated pars. (9) to (12) as (10) to (13), respectively. Former par. (13) redesignated (15).Enacted provision · exact public law section
(1) redesignating paragraphs (9), (10), (11), (12), (13), and (14) as paragraphs (10), (11), (12), (13), (15), and (17);Agricultural Act of 2014
Pub. L. 113–79 § 9001(3) · 128 Stat. 649
Added · 7 U.S.C. § 8101(14)
Pub. L. 113–79, § 9001(3), added par. (14)
Source evidence
Code amendment note
Par. (14). Pub. L. 113–79, § 9001(3), added par. (14)Enacted provision · exact public law section
(3) by inserting after paragraph (13) (as redesignated by paragraph (1) of this section) the following: “(14) Renewable chemical.— The term ‘renewable chemical’ means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass.” ; andAgricultural Act of 2014
Pub. L. 113–79 § 9001(1) · 128 Stat. 649
Redesignated · 7 U.S.C. § 8101(15)
Pub. L. 113–79, § 9001(1), redesignated par. (13) as (15)
Source evidence
Code amendment note
Par. (15). Pub. L. 113–79, § 9001(1), redesignated par. (13) as (15).Enacted provision · exact public law section
(1) redesignating paragraphs (9), (10), (11), (12), (13), and (14) as paragraphs (10), (11), (12), (13), (15), and (17);Agricultural Act of 2014
Pub. L. 113–79 § 9001(4) · 128 Stat. 649
Added · 7 U.S.C. § 8101(16)
Pub. L. 113–79, § 9001(4), added par. (16)
Source evidence
Code amendment note
Par. (16). Pub. L. 113–79, § 9001(4), added par. (16).Enacted provision · exact public law section
(4) inserting after paragraph (15) (as so redesignated), the following new paragraph: “(16) Renewable energy system.— “(A) In general.— Subject to subparagraph (B), the term ‘renewable energy system’ means a system that— “(i) produces usable energy from a renewable energy source; and “(ii) may include distribution components necessary to move energy produced by such system to the initial point of sale. “(B) Limitation.— A system described in subparagraph (A) may not include a mechanism for dispensing energy at retail.” .Agricultural Act of 2014
Pub. L. 113–79 § 9001(1) · 128 Stat. 649
Redesignated · 7 U.S.C. § 8101(17)
Pub. L. 113–79, § 9001(1), redesignated par. (14) as (17)
Source evidence
Code amendment note
Par. (17). Pub. L. 113–79, § 9001(1), redesignated par. (14) as (17).Enacted provision · exact public law section
(1) redesignating paragraphs (9), (10), (11), (12), (13), and (14) as paragraphs (10), (11), (12), (13), (15), and (17);Agriculture Improvement Act of 2018
Pub. L. 115–334 § 9001(1) · 132 Stat. 4490
Substituted · 7 U.S.C. § 8101(4)(A)
Pub. L. 115–334, § 9001(1), substituted “agricultural materials, renewable chemicals,” for “agricultural materials”
Source evidence
Code amendment note
Par. (4)(A). Pub. L. 115–334, § 9001(1), substituted “agricultural materials, renewable chemicals,” for “agricultural materials”.Enacted provision · exact public law section
(1) in paragraph (4)(A), by striking “agricultural materials” and inserting “agricultural materials, renewable chemicals,”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 9001(2) · 132 Stat. 4490
Substituted · 7 U.S.C. § 8101(7)(A)
Pub. L. 115–334, § 9001(2), substituted “or an intermediate ingredient or feedstock of renewable biomass into any 1 or more, or a combination, of—” and cls. (i) to (iii) for “into biofuels and biobased products; and”
Source evidence
Code amendment note
Par. (7)(A). Pub. L. 115–334, § 9001(2), substituted “or an intermediate ingredient or feedstock of renewable biomass into any 1 or more, or a combination, of—” and cls. (i) to (iii) for “into biofuels and biobased products; and”.Enacted provision · exact public law section
(2) in paragraph (7)(A), by striking “into biofuels and biobased products; and” and inserting the following: “or an intermediate ingredient or feedstock of renewable biomass into any 1 or more, or a combination, of— “(i) biofuels; “(ii) renewable chemicals; or “(iii) biobased products; and” ; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 9001(3)(A) · 132 Stat. 4490
Substituted · 7 U.S.C. § 8101(16)(A)
Pub. L. 115–334, § 9001(3)(A), substituted “subparagraph (C), the term ‘renewable energy system’ means a system that produces usable energy from a renewable energy source.” for “subparagraph (B), the term ‘renewable energy system’ means a system that—
Source evidence
Code amendment note
Par. (16)(A). Pub. L. 115–334, § 9001(3)(A), substituted “subparagraph (C), the term ‘renewable energy system’ means a system that produces usable energy from a renewable energy source.” for “subparagraph (B), the term ‘renewable energy system’ means a system that—“(i) produces usable energy from a renewable energy source; and “(ii) may include distribution components necessary to move energy produced by such system to the initial point of sale.”
Enacted provision · exact public law section
(A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking “(B)” and inserting “(C)”; and (ii) by striking “that—” in the matter preceding clause (i) and all that follows through the period at the end of clause (ii) and inserting “that produces usable energy from a renewable energy source.”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 9001(3)(B) · 132 Stat. 4490
Added · 7 U.S.C. § 8101(16)(B); 7 U.S.C. § 8101(16)(C)
Pub. L. 115–334, § 9001(3)(B), (C), added subpar. (B)
Redesignated · 7 U.S.C. § 8101(16)(B); 7 U.S.C. § 8101(16)(C)
Pub. L. 115–334, § 9001(3)(B), (C), redesignated former subpar. (B) as (C)
Source evidence
Code amendment note
Par. (16)(B), (C). Pub. L. 115–334, § 9001(3)(B), (C), added subpar. (B) and redesignated former subpar. (B) as (C).Enacted provision · exact public law section
(B) by redesignating subparagraph (B) as subparagraph (C); and
12 of 12 references resolved to an enrolled provision
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Prior Provisions
A prior section 8101, Pub. L. 107–171, title IX, § 9001, , 116 Stat. 475; Pub. L. 109–58, title IX, § 943(a)(1), , 119 Stat. 880, contained definitions for this chapter, prior to the general amendment of this chapter by Pub. L. 110–246.
Amendments2014–2018 · 2 rounds
2018
Par. (4)(A). Pub. L. 115–334, § 9001(1), substituted “agricultural materials, renewable chemicals,” for “agricultural materials”.
Par. (7)(A). Pub. L. 115–334, § 9001(2), substituted “or an intermediate ingredient or feedstock of renewable biomass into any 1 or more, or a combination, of—” and cls. (i) to (iii) for “into biofuels and biobased products; and”.
Par. (16)(A). Pub. L. 115–334, § 9001(3)(A), substituted “subparagraph (C), the term ‘renewable energy system’ means a system that produces usable energy from a renewable energy source.” for “subparagraph (B), the term ‘renewable energy system’ means a system that—
“(i) produces usable energy from a renewable energy source; and
“(ii) may include distribution components necessary to move energy produced by such system to the initial point of sale.”
Par. (16)(B), (C). Pub. L. 115–334, § 9001(3)(B), (C), added subpar. (B) and redesignated former subpar. (B) as (C).
2014
Par. (9). Pub. L. 113–79, § 9001(2), added par. (9). Former par. (9) redesignated (10).
Par. (10) to (13). Pub. L. 113–79, § 9001(1), redesignated pars. (9) to (12) as (10) to (13), respectively. Former par. (13) redesignated (15).
Par. (14). Pub. L. 113–79, § 9001(3), added par. (14)
Par. (15). Pub. L. 113–79, § 9001(1), redesignated par. (13) as (15).
Par. (16). Pub. L. 113–79, § 9001(4), added par. (16).
Par. (17). Pub. L. 113–79, § 9001(1), redesignated par. (14) as (17).
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
Short Title of 2004 Amendment
Pub. L. 108–199, div. A, title VII, § 778(a), , 118 Stat. 41, provided that: “This section [enacting section 8109 of this title] may be cited as the ‘Sun Grant Research Initiative Act of 2003’.”
Biomass Research and Development
Pub. L. 106–224, title III, , 114 Stat. 428; as amended by Pub. L. 107–171, title IX, § 9008, , 116 Stat. 483; Pub. L. 108–148, title II, § 201, , 117 Stat. 1901; Pub. L. 109–58, title IX, § 941, , 119 Stat. 873, known as the Biomass Research and Development Act of 2000, and formerly set out as a note under this section, provided temporary authority for the Secretaries of Agriculture and Energy to promote biomass research and development. As amended by Pub. L. 109–58, the program became permanent, and title III of Pub. L. 106–224 was transferred to chapter 112 (§ 8601 et seq.) of this title. Subsequently, title III of Pub. L. 106–224 was repealed by Pub. L. 110–246, title IX, § 9001(b), , 122 Stat. 2095.
Executive Documents
Biofuels And Rural Economic Development
Memorandum of President of the United States, , 74 F.R. 21531, provided:
Memorandum for the Secretary of Agriculture, the Secretary of Energy, [and] the Administrator of the Environmental Protection Agency
In the Nation’s ongoing efforts to achieve energy independence, biomass and biofuels promise to play a key role by providing the Nation with homegrown sustainable energy options and energizing our economy with new industries and jobs. While producing clean renewable fuels locally is a powerful engine of economic growth, they must be developed and used in a way that limits environmental impact. Today, the Environmental Protection Agency (EPA) is issuing a Notice of Proposed Rulemaking, as required by the Energy Independence and Security Act of 2007, to set new national renewable fuel standards and implement those standards. The public will have an opportunity to provide input on this proposal through a 60-day comment period, and the EPA is conducting peer reviews on key aspects of the environmental impact assessments within the proposal.
In order to shepherd our Nation’s development of this important industry and to coordinate interagency policy, I hereby establish a Biofuels Interagency Working Group (Working Group), to be co-chaired by the Secretaries of Agriculture and Energy and the Administrator of the EPA. This Working Group will coordinate with the National Science and Technology Council’s Biomass Research and Development Board in undertaking its work. The responsibilities of the Working Group shall include:
(a) Developing the Nation’s first comprehensive biofuel market development program, which shall use existing authorities and identify new policies to support the development of next-generation biofuels, increase flexible fuel vehicle use, and assist in retail marketing efforts;
(b) Coordinating infrastructure policies affecting the supply, secure transport, and distribution of biofuels; and
(c) Identifying new policy options to promote the environmental sustainability of biofuels feedstock production, taking into consideration land use, habitat conservation, crop management practices, water efficiency and water quality, as well as lifecycle assessments of greenhouse gas emissions.
Alongside the Working Group’s efforts, the Secretary of Agriculture may pursue other important biofuel development efforts. The Rural Development Act of 1972 and the Rural Development Policy Act of 1980 direct the Secretary of Agriculture to develop, in coordination with State and local governments, a nationwide rural development program to assure rural America’s health and prosperity. In keeping with that mandate, and recognizing the key role rural America will play in the development of biofuel technology and development, I request that the Secretary of Agriculture take the following steps, to the extent permitted by law:
(a) Immediately begin restructuring existing investments in renewable fuels as needed to preserve industry employment; and
(b) Develop a comprehensive approach to accelerating the investment in and production of American biofuels and reducing our dependence on fossil fuels by providing, within 30 days, under the authorities made available in the Food, Conservation, and Energy Act of 2008:
(i) Loan guarantees for the development, construction, and retrofitting of commercial-scale biorefineries and grants to help pay for the development and construction costs of demonstration-scale biorefineries;
(ii) Expedited funding to encourage biorefineries to replace the use of fossil fuels in plant operations by installing new biomass energy systems or producing new energy from renewable biomass;
(iii) Expedited funding to biofuels producers to encourage production of next-generation biofuels from cellulosic biomass and other feedstocks;
(iv) Expansion of the Renewable Energy Systems and Energy Efficiency Improvements Program, which has been renamed the Rural Energy for America Program, to include hydroelectric source technologies, energy audits, and higher loan guarantee limits; and
(v) Guidance and support for collection, harvest, storage, and transportation assistance for eligible materials for use in biomass conversion facilities.
This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Secretary of Agriculture is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Credits
2008–2018 · 3 acts
- 2008Pub. L. 107–171, title IX, § 9001, as added Pub. L. 110–234, title IX, § 9001(a), , 122 Stat. 1303, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), , 122 Stat. 1664, 2064
- 2014amended Pub. L. 113–79, title IX, § 9001, , 128 Stat. 926
- 2018Pub. L. 115–334, title IX, § 9001, , 132 Stat. 4883.
Show as published
(Pub. L. 107–171, title IX, § 9001, as added Pub. L. 110–234, title IX, § 9001(a), , 122 Stat. 1303, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), , 122 Stat. 1664, 2064; amended Pub. L. 113–79, title IX, § 9001, , 128 Stat. 926; Pub. L. 115–334, title IX, § 9001, , 132 Stat. 4883.)