12 2 STA T . 1 3 2 8PUBLIC LA W 11 0– 23 4—M A Y 22 , 2008 ‘ ‘ (i)anycropth ati sel i g i b le to recei v e pay m ents u n d er title I o f the F ood ,C onservation, and E nergy A ct of 20 0 8 or an amendment made by that title
or ‘‘(ii) any plant that is invasive or no x ious or has the potential to become invasive or noxious, as deter - mined by the S ecretary, in consultation w ith other appropriate Federal or State departments and agen- cies . ‘‘( 5 )E LIG I B L E L AND . — ‘‘(A) IN GENE R AL.— T he term ‘eligible land ’ includes agricultural and nonindustrial private forest lands (as defined in section 5(c) of the Cooperative Forestry Assist- ance Act of 197 8(1 6U .S.C. 210 3 a(c))). ‘‘( B )E XC L US I O NS.—The term ‘eligible land’ does not include— ‘‘(i) Federal- or State-owned land; ‘‘(ii) land that is native sod, as of the date of enactment of the Food, Conservation, and Energy Act of 2008; ‘‘(iii) land enrolled in the conservation reserve pro- gram established under subchapter B of chapter 1 of subtitle D of title X II of the Food Security Act of 1985 (16 U.S.C. 3831 et se q .); ‘‘(iv) land enrolled in the wetlands reserve program established under subchapter C of chapter 1 of subtitle D of title XII of that Act (16 U.S.C. 3837 et seq.); or ‘‘(v) land enrolled in the grassland reserve program established under subchapter D of chapter 2 of subtitle D of title XII of that Act (16 U.S.C. 3838n et seq.). ‘‘(6) ELIGIBLE M A T ERIAL.— ‘‘(A) IN GENERAL.—The term ‘eligible material’ means renewable biomass. ‘‘(B) EXCLUSIONS.—The term ‘eligible material’ does not include— ‘‘(i) any crop that is eligible to receive payments under title I of the Food, Conservation, and Energy Act of 2008 or an amendment made by that title; ‘‘(ii) animal waste and byproducts (including fats, oils, greases, and manure); ‘‘(iii) food waste and yard waste; or ‘‘(iv) algae. ‘‘(7) P RODUCER.—The term ‘producer’ means an owner or operator of contract acreage that is physically located within a BCAP pro j ect area. ‘‘(8) PRO J ECT S P ONSOR.—The term ‘project sponsor’ means— ‘‘(A) a group of producers; or ‘‘(B) a biomass conversion facility. ‘‘(b) ESTABLIS H MENT AND PURPOSE.—The Secretary shall estab- lish and administer a Biomass Crop Assistance Program to— ‘‘(1) support the establishment and production of eligible crops for conversion to bioenergy in selected BCAP project areas; and ‘‘(2) assist agricultural and forest land owners and opera- tors with collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility.
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