§ 8105. Bioenergy program for advanced biofuels

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. 2008

   Pub. L. 107–171 title IX § 9005 · 116 Stat. 134

   Enacted · 7 U.S.C. § 8105

   Pub. L. 107–171, title IX, § 9005, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1314, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2075

   Source evidence

   Code source credit
   Pub. L. 107–171, title IX, § 9005, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1314, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2075

   Enacted provision · exact public law section
   SEC. 9005. ENERGY AUDIT AND RENEWABLE ENERGY DEVELOPMENT PROGRAM. (a) In General.— The Secretary shall make competitive grants to eligible entities to carry out a program to assist farmers, ranchers, and rural small businesses in becoming more energy efficient and in using renewable energy technology and resources. (b) Eligible Entities.— Entities eligible to carry out a program under subsection (a) are— (1) a State energy or agricultural office; (2) a regional or State-based energy organization or energy organization of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); (3) a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) or other institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); (4) a rural electric cooperative or utility; (5) a nonprofit organization; and (6) any other entity, as determined by the Secretary. (c) Merit Review.— (1) Merit review process.— The Secretary shall establish a merit review process to review applications for grants under subsection (a) that uses the expertise of other Federal agencies, industry, and nongovernmental organizations. (2) Selection criteria.— In reviewing applications of eligible entities to receive grants under subsection (a), the Secretary shall consider— (A) the ability and expertise of the eligible entity in providing professional energy audits and renewable energy assessments; (B) the geographic scope of the program proposed by the eligible entity; (C) the number of farmers, ranchers, and rural small businesses to be assisted by the program; (D) the potential for energy savings and environmental and public health benefits resulting from the program; and (E) the plan of the eligible entity for educating farmers, ranchers, and rural small businesses on the benefits of energy efficiency and renewable energy development. (d) Use of Grant Funds.— (1) Required uses.— A recipient of a grant under subsection (a) shall use the grant funds to conduct and promote energy audits for farmers, ranchers, and rural small businesses to provide farmers, ranchers, and rural small businesses recommendations on how to improve energy efficiency and use renewable energy technology and resources. (2) Permitted uses.— In addition to the uses described in paragraph (1), a recipient of a grant may use the grant funds to make farmers, ranchers, and rural small businesses aware of, and ensure that they have access to— (A) financial assistance under section 9006; and (B) other Federal, State, and local financial assistance programs for which farmers, ranchers, and rural small businesses may be eligible. (e) Cost Sharing.— A recipient of a grant under subsection (a) that conducts an energy audit for a farmer, rancher, or rural small business under subsection (d)(1) shall require that, as a condition of the energy audit, the farmer, rancher, or rural small business pay at least 25 percent of the cost of the audit. (f) Use of Cost-Share Funds.— Funds collected by a recipient of a grant under subsection (e) as a result of activities carried out using the grant funds shall be used to conduct activities authorized under this section, as approved by the Secretary. (g) Consultation.— In carrying out this section, the Secretary shall consult with the Secretary of Energy. (h) Reports.— Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the implementation of this section. (i) Authorization of Appropriations.— There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2002 through 2007.

2. 2013

   American Taxpayer Relief Act of 2012

   Pub. L. 112–240 title VII § 701(f)(4) · 126 Stat. 2313

   Substituted · 7 U.S.C. § 8105(g)(2)

   Pub. L. 112–240 substituted “2013” for “2012”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 112–240 substituted “2013” for “2012”.

   Enacted provision · exact public law section
   (4) Bioenergy program for advanced biofuels.— Section 9005(g)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105(g)(2)) is amended by striking “2012” and inserting “2013”.

3. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 9005(1) · 128 Stat. 649

   Added · 7 U.S.C. § 8105(g)(1)(E)

   Pub. L. 113–79, § 9005(1), added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (g)(1)(E). Pub. L. 113–79, § 9005(1), added subpar. (E).

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) in subparagraph (C), by striking “; and” and inserting a semicolon; (B) in subparagraph (D), by striking the period and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(E) $15,000,000 for each of fiscal years 2014 through 2018.” ; and

4. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 9005(2) · 128 Stat. 649

   Substituted · 7 U.S.C. § 8105(g)(2)

   Pub. L. 113–79, § 9005(2), substituted “$20,000,000 for each of fiscal years 2014 through 2018” for “$25,000,000 for each of fiscal years 2009 through 2013”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 113–79, § 9005(2), substituted “$20,000,000 for each of fiscal years 2014 through 2018” for “$25,000,000 for each of fiscal years 2009 through 2013”.

   Enacted provision · exact public law section
   (2) in paragraph (2), by striking “$25,000,000 for each of fiscal years 2009 through 2013” and inserting “$20,000,000 for each of fiscal years 2014 through 2018”.

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 9005(1) · 132 Stat. 4490

   1. Amended · 7 U.S.C. § 8105(e)

      Pub. L. 115–334, § 9005(1), designated existing provisions as par. (1)

   2. Inserted · 7 U.S.C. § 8105(e)

      Pub. L. 115–334, § 9005(1), inserted heading

   3. Substituted · 7 U.S.C. § 8105(e)

      Pub. L. 115–334, § 9005(1), substituted “The Secretary shall” for “The Secretary may”

   4. Added · 7 U.S.C. § 8105(e)

      Pub. L. 115–334, § 9005(1), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 115–334, § 9005(1), designated existing provisions as par. (1), inserted heading, substituted “The Secretary shall” for “The Secretary may” and added par. (2).

   Enacted provision · exact public law section
   (1) in subsection (e)— (A) by striking “The Secretary may” and inserting the following new paragraph: “(1) Amount.— The Secretary shall” ; and (B) by adding at the end the following new paragraph: “(2) Feedstock.— The total amount of payments made in a fiscal year under this section to one or more eligible producers for the production of advanced biofuels derived from a single eligible commodity, including intermediate ingredients of that single commodity or use of that single commodity and its intermediate ingredients in combination with another commodity, shall not exceed one-third of the total amount of funds made available under subsection (g).” ; and

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 9005(2)(A) · 132 Stat. 4490

   Added · 7 U.S.C. § 8105(g)(1)(F)

   Pub. L. 115–334, § 9005(2)(A), added subpar. (F)

   Source evidence

   Code amendment note
   Subsec. (g)(1)(F). Pub. L. 115–334, § 9005(2)(A), added subpar. (F).

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) in subparagraph (D), by striking “and” at the end; (ii) in subparagraph (E), by striking the period at the end and inserting “; and”; and (iii) by adding at the end the following: “(F) $7,000,000 for each of fiscal years 2019 through 2023.” ; and

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 9005(2)(B) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 8105(g)(2)

   Pub. L. 115–334, § 9005(2)(B), substituted “2019 through 2023” for “2014 through 2018”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 115–334, § 9005(2)(B), substituted “2019 through 2023” for “2014 through 2018”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “2014 through 2018” and inserting “2019 through 2023”.

8. 2023

   Further Continuing Appropriations and Other Extensions Act, 2024

   Pub. L. 118–22 div. B title I § 102(d)(6)(B) · 137 Stat. 112

   Substituted · 7 U.S.C. § 8105(g)(1)(F)

   Pub. L. 118–22 substituted “2024” for “2023”

   Source evidence

   Code amendment note
   Subsec. (g)(1)(F). Pub. L. 118–22 substituted “2024” for “2023”.

   Enacted provision · exact public law section
   (B) Bioenergy program for advanced biofuels.— Section 9005(g)(1)(F) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105(g)(1)(F)) is amended by striking “2023” and inserting “2024”.

   Effective date note
   Amendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

9. 2025

   Pub. L. 119–21 title I § 10605 · 139 Stat. 109

   Substituted · 7 U.S.C. § 8105(g)(1)(F)

   Pub. L. 119–21 substituted “2031” for “2024”

   Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (g)(1)(F). Pub. L. 119–21 substituted “2031” for “2024”.

11 of 12 references resolved to an enrolled provision · 1 unresolved