12 2 STA T . 1 3 31 PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8‘ ‘ (I)anelig i b le crop i su se df or purposes o th er than the production of energ y at the bio m ass con v ersion facility
‘‘(II) an eligible crop is delivered to the biomass conversion facility; ‘‘(III) the producer receives a payment under subsection (d); ‘‘(I V ) the producer violates a term of the con - tract; or ‘‘(V) there are such other circumstances , as determined by the S ecretary to be necessary to carry out this section . ‘‘(d) AS S I S TANCEW IT HCOL LECTION, H A RV EST, STORA G E, AN DT RANS P ORTATION. — ‘‘( 1 ) IN GENERAL.—The Secretary shall ma k e a payment for the delivery of eligible material to a biomass conversion facility to— ‘‘(A) a producer of an eligible crop that is produced on B CA P contract acreage; or ‘‘(B) a person w ith the right to collect or harvest eligible material. ‘‘( 2 )PA YM ENTS.— ‘‘(A) COSTS COVERED.—A payment under this sub- section shall be in an amount described in subparagraph (B) for— ‘‘(i) collection; ‘‘(ii) harvest; ‘‘(iii) storage; and ‘‘(iv) transportation to a biomass conversion facility. ‘‘(B) AMO U NT.—Sub j ect to paragraph ( 3 ), the Secretary may provide matching payments at a rate of $ 1 for each $1 per ton provided by the biomass conversion facility, in an amount e q ual to not more than $ 45 per ton for a period of 2 years. ‘‘(3) L IMITATION ON ASSISTANCE F OR B CAP CONTRACT ACRE- AGE.—As a condition of the receipt of annual payment under subsection (c), a producer receiving a payment under this sub- section for collection, harvest, storage or transportation of an eligible crop produced on BCAP acreage shall agree to a reduc- tion in the annual payment. ‘‘(e) R EPORT.— N ot later than 4 years after the date of enactment of the F ood, Conservation, and E nergy Act of 2 0 0 8 , the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the dissemination by the Sec- retary of the best practice data and information gathered from participants receiving assistance under this section. ‘‘(f) FUNDING.— O f the funds of the Commodity Credit Corpora- tion, the Secretary shall use to carry out this section such sums as are necessary for each of fiscal years 2008 through 2012. ‘ ‘ SEC.9012 . FOR ES TBI O MA SSFORE N ER GY . ‘‘(a) IN G ENERAL.—The Secretary, acting through the Forest Service, shall conduct a competitive research and development pro- gram to encourage use of forest biomass for energy. 7USC81 1 2.
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