2002 U.S. Code
Title 7 - AGRICULTURE
CHAPTER 107 - RENEWABLE ENERGY RESEARCH AND DEVELOPMENT
Sec. 8103 - Biorefinery development grants

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§8103. Biorefinery development grants (a) Purpose

The purpose of this section is to assist in the development of new and emerging technologies for the use of biomass, including lignocellulosic biomass, so as to—

(1) develop transportation and other fuels, chemicals, and energy from renewable sources;

(2) increase the energy independence of the United States;

(3) provide beneficial effects on conservation, public health, and the environment;

(4) diversify markets for raw agricultural and forestry products; and

(5) create jobs and enhance the economic development of the rural economy.

(b) Definitions

In this section:

(1) Advisory Committee

The term “Advisory Committee” means the Biomass Research and Development Technical Advisory Committee established by section 306 of the Biomass Research and Development Act of 2000 [7 U.S.C. 8101 note] (Public Law 106–224).

(2) Biorefinery

The term “biorefinery” means equipment and processes that—

(A) convert biomass into fuels and chemicals; and

(B) may produce electricity.

(3) Board

The term “Board” means the Biomass Research and Development Board established by section 305 of the Biomass Research and Development Act of 2000 [7 U.S.C. 8101 note] (Public Law 106–224).

(4) Indian tribe

The term “Indian tribe” has the meaning given the term in section 450b of title 25.

(c) Grants

The Secretary shall award grants to eligible entities to assist in paying the cost of development and construction of biorefineries to carry out projects to demonstrate the commercial viability of 1 or more processes for converting biomass to fuels or chemicals.

(d) Eligible entities

An individual, corporation, farm cooperative, association of farmers, national laboratory, institution of higher education (as defined in section 1001 of title 20), State or local energy agency or office, Indian tribe, or consortium comprised of any of those entities shall be eligible to receive a grant under subsection (c) of this section.

(e) Competitive basis for awards (1) In general

The Secretary shall award grants under subsection (c) of this section on a competitive basis after consulting the Board and Advisory Committee.

(2) Selection criteria (A) In general

In selecting projects to receive grants under subsection (c) of this section, the Secretary—

(i) shall select projects based on the likelihood that the projects will demonstrate the commercial viability of a new and emerging process for converting biomass into fuels, chemicals, or energy; and

(ii) may consider the likelihood that the projects will produce electricity.

(B) Factors

The factors to be considered under subparagraph (A) may include—

(i) the potential market for the product or products;

(ii) the level of financial participation by the applicants;

(iii) the availability of adequate funding from other sources;

(iv) the beneficial impact on resource conservation, public health, and the environment;

(v) the participation of producer associations and cooperatives;

(vi) the timeframe in which the project will be operational;

(vii) the potential for rural economic development;

(viii) the participation of multiple eligible entities; and

(ix) the potential for developing advanced industrial biotechnology approaches.

(f) Cost sharing (1) In general

The amount of a grant for a project awarded under subsection (c) of this section shall not exceed 30 percent of the cost of the project.

(2) Form of grantee share (A) In general

The grantee share of the cost of a project may be made in the form of cash or the provision of services, material, or other in-kind contributions.

(B) Limitation

The amount of the grantee share of the cost of a project that is made in the form of the provision of services, material, or other in-kind contributions shall not exceed 25 percent of the amount of the grantee share determined under paragraph (1).

(g) Consultation

In carrying out this section, the Secretary shall consult with the Secretary of Energy.

(h) 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.

(Pub. L. 107–171, title IX, §9003, May 13, 2002, 116 Stat. 478.)