PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 659
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.
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