12 2 STA T . 1 3 2 7PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8man n erth at en su res n o stora g e f ees are p a idby the C ommodity Credit Corporation in the administration of this se c tion .‘ ‘ ( ii )EXCEPTION . — C l ause (i) shall not apply w ith respect to any commodities owned and held in in v en - tory by the Commodity Credit Corporation (accumu- lated pursuant to the program authori z ed under section 156 of the F ederal A griculture I mprovement and R eform Act ( 7U . S .C. 7 2 72)). ‘‘(C) O PTION TO P R E V ENT S TOR AG E F EES.— ‘‘(i) IN GENERA L .— T he Secretary may enter into contracts with bioenergy producers to sell eligible commodities to such producers prior in time to entering into contracts with eligible entities to purchase the eligible commodities to be used to satisfy the contracts entered into with the bioenergy producers. ‘‘(ii) SPECIAL TRANSFER R U LE.—If the Secretary ma k es a sale and purchase referred to in clause (i) , the Secretary shall ensure that the bioenergy producer that purchased eligible commodities takes possession of such commodities within 30 calendar days of the date the Commodity Credit Corporation purchases the eligible commodities. ‘‘(5) RELATION TO OT H ER LA W S.—If sugar that is sub j ect to a marketing allotment under part V II of subtitle B of title III of the Agricultural Adjustment Act of 1 9 3 8 (7 U.S.C. 1359aa et se q .) is the subject of a payment under this section, the sugar shall be considered marketed and shall count against a processor ’ s allocation of an allotment under such part, as applicable. ‘‘(6) FUN D ING.—The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation, including the use of such sums as are necessary, to carry out this section. ‘ ‘ SEC.901 1. BIOMA SSC R O P ASSIS T A N CE PRO G RAM. ‘‘(a) D EFINITIONS.—In this section
‘‘(1) BCA P .—The term ‘BCAP’ means the Biomass Crop Assistance Program established under this section. ‘‘(2) BCAP PRO J ECT AREA.—The term ‘BCAP project area’ means an area that— ‘‘(A) has specified boundaries that are submitted to the Secretary by the project sponsor and subsequently approved by the Secretary
‘‘(B) includes producers with contract acreage that will supply a portion of the renewable biomass needed by a biomass conversion facility; and ‘‘(C) is physically located within an economically prac- ticable distance from the biomass conversion facility. ‘‘(3) CONTRACT ACREAGE.—The term ‘contract acreage’ means eligible land that is covered by a BCAP contract entered into with the Secretary. ‘‘( 4 ) ELIGI B LE CROP.— ‘‘(A) IN GENERAL.—The term ‘eligible crop’ means a crop of renewable biomass. ‘‘(B) EXCLUSIONS.—The term ‘eligible crop’ does not include— 7USC81 11 . S ugar . De a dlin e.
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