Page:United States Statutes at Large Volume 119.djvu/676

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[119 STAT. 658]
[119 STAT. 658]
PUBLIC LAW 109-000—MMMM. DD, 2005

119 STAT. 658

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(1) increasing energy efficiency, siting or upgrading transmission and distribution lines serving rural areas; or ‘‘(2) providing or modernizing electric generation facilities that serve rural areas. ‘‘(c) GRANT ADMINISTRATION.—(1) The Secretary shall make grants under this section based on a determination of cost-effectiveness and the most effective use of the funds to achieve the purposes described in subsection (b). ‘‘(2) For each fiscal year, the Secretary shall allocate grant funds under this section equally between the purposes described in paragraphs (1) and (2) of subsection (b). ‘‘(3) In making grants for the purposes described in subsection (b)(2), the Secretary shall give preference to renewable energy facilities. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2006 through 2012.’’. 42 USC 15855.

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

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