12 2 STA T . 1 3 2 5PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8‘ ‘ (5)COST- S HARING.—Theamount o f a gr ant un d er the I n i - tiati v e s ha l lnote xc eed 5 0p ercent of the cost of the activities descri b ed in the application. ‘‘(d) AU THORI Z ATION O F A P PROPRIATIONS.—There is authori z ed to be appropriated to carr y out this section $ 5 , 000,000 for each of fiscal years 2 00 9 through 20 1 2. ‘ ‘ SEC.901 0. F EE D S TO C K F L E XIB ILIT YPR O G R AM FOR BIOE N ERGY PRO - D U CERS. ‘‘(a) DE FINITIONS.—In this section
‘‘(1) B IOENERG Y .—The term ‘bioenergy ’ means fuel grade ethanol and other biofuel. ‘‘(2) BIOENERGY PRO D U C ER.—The term ‘bioenergy producer’ means a producer of bioenergy that uses an eligible commodity to produce bioenergy under this section. ‘‘( 3 ) EL IGI B LE CO M MODITY.—The term ‘eligible commodity’ means a form of ra w or refined sugar or in-process sugar that is eligible to be mar k eted in the U nited S tates for human consumption or to be used for the extraction of sugar for human consumption. ‘‘( 4 ) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an entity located in the United States that markets an eligible commodity in the United States. ‘‘(b) F EEDSTOC K FLE X IBILITY P ROGRAM.— ‘‘(1) IN GENERAL.— ‘‘(A) PURCHASES AND SALES.—For each of the 200 8 through 2012 crops, the Secretary shall purchase eligible commodities from eligible entities and sell such commod- ities to bioenergy producers for the purpose of producing bioenergy in a manner that ensures that section 15 6 of the Federal Agriculture Improvement and R eform Act ( 7 U.S.C. 7272) is operated at no cost to the Federal G overn- ment by avoiding forfeitures to the Commodity Credit Cor- poration. ‘‘(B) COMPETITI V E PROCEDURES.—In carrying out the purchases and sales re q uired under subparagraph (A), the Secretary shall, to the maximum extent practicable, use competitive procedures, including the receiving, offering, and accepting of bids, when entering into contracts with eligible entities and bioenergy producers, provided that such procedures are consistent with the purposes of subparagraph (A). ‘‘(C) L IMITATION.—The purchase and sale of eligible commodities under subparagraph (A) shall only be made in crop years in which such purchases and sales are nec- essary to ensure that the program authorized under section 156 of the Federal Agriculture Improvement and Reform Act (7 U.S.C. 7272) is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation. ‘‘(2) N OTICE.— ‘‘(A) IN GENERAL.—As soon as practicable after the date of enactment of the Food, Conservation, and Energy Act of 2008 and each September 1 thereafter through Sep- tember 1, 2012, the Secretary shall provide notice to eligible entities and bioenergy producers of the quantity of eligible commodities that shall be made available for purchase Deadlin e s.7USC81 1 0 .
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