LEGISLATIVE AFFAIRS Herseth Sandlin Biomass Definition Bill
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Renewable Biomass Facilitation Act of 2008 (Introduced in House)
HR 5236 IH
110th CONGRESS
2d Session
H. R. 5236
To promote the use of certain materials harvested from public lands in the
production of renewable fuel, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 6, 2008
Ms. HERSETH SANDLIN (for herself, Mr. WALDEN of Oregon, Mr. DEFAZIO, Mr.
STUPAK, Mr. ROSS, Mr. PICKERING, Mrs. EMERSON, Mr. GOODLATTE, Mr.
BONNER, and Mr. PETERSON of Pennsylvania) introduced the following bill;
which was referred to the Committee on Energy and Commerce
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A BILL
To promote the use of certain materials harvested from public lands in the
production of renewable fuel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Renewable Biomass Facilitation Act of 2008'.
SEC. 2. RENEWABLE BIOMASS.
Section 201 of the Energy Independence and Security Act of 2006 (Public Law
110-140; 121 Stat. 1519) is amended in the amendment made to section 211(o)
(1) of the Clean Air Act (42 U.S.C. 7545) by amending subparagraph (I) of such
section 211(o)(1) to read as follows:
`(I) RENEWABLE BIOMASS- The term `renewable biomass' means--
`(A) materials, precommercial thinnings, or removed exotic species that--
`(i) are byproducts of preventive treatments (such as trees, wood, brush,
thinnings, chips, and slash) that are removed--
`(I) to reduce hazardous fuels;
`(II) to reduce or contain disease or insect infestation; or
`(III) to restore ecosystem health;
`(ii) would not otherwise be used for higher-value products; and
`(iii) are harvested from National Forest System land or public lands (as
defined in section 103 of the Federal Land Policy and Management Act of 1976)
in accordance with--
`(I) Federal and State law;
`(II) applicable land management plans; and
`(III) the requirements for old-growth maintenance, restoration, and
management direction of paragraphs (2), (3), and (4) of subsection (e) of
section 102 of the Healthy Forests Restoration Act of 2003 and the
requirements for large-tree retention of subsection (f) of that section; or
`(B) any organic matter that is available on a renewable or recurring basis from
non-Federal land or land belonging to an Indian or Indian tribe that is held in
trust by the United States or subject to a restriction against alienation imposed
by the United States, including--
`(i) renewable plant material, including--
`(I) feed grains;
`(II) other agricultural commodities;
`(III) other plants and trees; and
`(IV) algae; and
`(ii) waste material, including--
`(I) crop residue;
`(II) other vegetative waste material (including wood waste and wood residues);
`(III) animal waste and byproducts (including fats, oils, greases, and manure);
`(IV) construction waste; and
`(V) food waste and yard waste.'.
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