12 2 STA T . 2 076PUBLIC LA W 110 – 2 4 6 —J U NE 1 8, 2008 ‘ ‘ (b)PAYMENTS.—TheS e cr e ta r ys ha l l m a k e p ayme n tst o el ig ible pro du cers to support and ensure an e x panding production o f ad v anced biofuels. ‘‘(c) CO NT R A C TS.—To receive a payment , an eligible producer shall— ‘‘( 1 ) enter into a contract w ith the Secretary for production of advanced biofuels
and ‘‘( 2 ) submit to the Secretary such records as the Secretary may re q uire as evidence of the production of advanced biofuels. ‘‘(d) B AS I S F OR PAYMENTS.—The Secretary shall make payments under this section to eligible producers based on— ‘‘(1) the quantity and duration of production by the eligible producer of an advanced biofuel; ‘‘(2) the net nonrenewable energy content of the advanced biofuel, if sufficient data is available, as determined by the Secretary; and ‘‘( 3 ) other appropriate factors, as determined by the Sec - retary. ‘‘(e) EQU ITA BL E D ISTRIBUTION.—The Secretary may limit the amount of payments that may be received by a single eligible producer under this section in order to distribute the total amount of funding available in an equitable manner. ‘‘(f) O T H ER R EQUIREMENTS.—To receive a payment under this section, an eligible producer shall meet any other requirements of F ederal and State law (including regulations) applicable to the production of advanced biofuels. ‘‘(g) FUN D IN G .— ‘‘(1) M ANDATORY FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended— ‘‘( A ) $5 5, 0 00,000 for fiscal year 200 9
‘‘(B) $55,000,000 for fiscal year 2010; ‘‘(C) $ 8 5,000,000 for fiscal year 2011; and ‘‘(D) $105,000,000 for fiscal year 2012. ‘‘(2) DISCRETIONARY FUNDING.— I n addition to any other funds made available to carry out this section, there is author- i z ed to be appropriated to carry out this section $25,000,000 for each of fiscal years 2009 through 2012. ‘‘(3) L IMITATION.—Of the funds provided for each fiscal year, not more than 5 percent of the funds shall be made available to eligible producers for production at facilities with a total refining capacity exceeding 150,000,000 gallons per year. ‘ ‘ SEC.90 0 6 . BIOD IESE LFU EL EDUC AT IO NPR O G RA M . ‘‘(a) ESTABLISHMENT.—The Secretary shall, under such terms and conditions as the Secretary determines to be appropriate, make competitive grants to eligible entities to educate governmental and private entities that operate vehicle fleets, other interested entities (as determined by the Secretary), and the public about the benefits of biodiesel fuel use. ‘‘(b) ELIGIBLE ENTITIES.—To receive a grant under subsection (b), an entity shall— ‘‘(1) be a nonprofit organization or institution of higher education; ‘‘(2) have demonstrated knowledge of biodiesel fuel produc- tion, use, or distribution; and Grants.7USC8106 . Reco r d s.
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