12 2 STA T . 1 304PUBLIC LA W 110 – 234 —M A Y 22 , 200 8‘ ‘ (4)BIOBASEDPR OD UCT.—Thet e rm ‘ bio b as e dp rod uc t ’ mea n s a product determined b y the S ecretary to be a commer - cia l or industrial product (other than f ood or feed) that is— ‘‘( A ) composed , in w hole or in si g nificant part, of biological products, including renewable domestic agricul- tural materials and forestry materials
or ‘‘(B) an intermediate ingredient or feedstoc k . ‘‘( 5 ) BIO F UE L .—The term ‘biofuel’ means a fuel deri v ed from renewable biomass. ‘‘( 6 ) BIO M ASS CO NV ERSION FACILIT Y .—The term ‘biomass conversion facility’ means a facility that converts or proposes to convert renewable biomass into— ‘‘(A) heat; ‘‘(B) power; ‘‘( C ) biobased products; or ‘‘( D ) advanced biofuels. ‘‘( 7 ) BIOREFINERY.—The term ‘biorefinery’ means a facility (including e q uipment and processes) that— ‘‘(A) converts renewable biomass into biofuels and biobased products; and ‘‘(B) may produce electricity. ‘‘( 8 ) BOARD.—The term ‘Board’ means the Biomass R esearch and Development Board established by section 90 08(c). ‘‘(9) I NDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and E ducation Assistance Act ( 2 5 U .S.C. 450b). ‘‘( 1 0) INSTITUTION OF H I G HER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 102(a) of the H igher Education Act of 1965 (20 U.S.C. 1002(a)). ‘‘(11) INTERMEDIATE INGREDIENT OR FEEDSTOC K .—The term ‘intermediate ingredient or feedstock’ means a material or com- pound made in whole or in significant part from biological products, including renewable agricultural materials (including plant, animal, and marine materials) or forestry materials, that are subsequently used to make a more comple x compound or product. ‘‘(12) RENE W ABLE BIOMASS.—The term ‘renewable biomass’ means— ‘‘(A) materials, pre-commercial thinnings, or invasive species from N ational F orest System land and public lands (as defined in section 10 3 of the Federal L and P olicy and M anagement Act of 1976 (43 U.S.C. 1702)) that— ‘‘(i) are byproducts of preventive treatments that are removed— ‘‘(I) to reduce ha z ardous 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 in accordance with— ‘‘(I) applicable law and land management plans; and ‘‘(II) the requirements for—
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