12 2 STA T . 2 089PUBLIC LA W 110 – 2 46—J U NE 18 , 2008 ofsuch co m mo dit i e s w ithi n30 c al enda r da y softhe date the C ommodity Credit Cor p oration purchases the eli g i b le commodities .‘ ‘ (5)RELATION TO OT H E R LA WS . —I f sugar that is sub j ect toamar k eting allotment under part V II of subtitle B of title III of the A gricultural Adjustment Act of 19 3 8 ( 7U . S .C. 1359aa et se q .) is the subject of a payment under this section , the sugar shall be considered marketed and shall count against a processor ’ s allocation of an allotment under such part, as applicable. ‘‘( 6 ) FU N D IN G .— T he Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation, including the use of such sums as are necessary, to carry out this section. ‘ ‘ SEC.901 1. BIOMA SSC R O P ASSIS T A N CE PRO G RAM. ‘‘(a) D E F INITIONS.—In this section
‘‘(1) BCA P .—The term ‘BCAP’ means the Biomass Crop Assistance Program established under this section. ‘‘( 2 ) BCAP P RO J E C T AREA.—The term ‘BCAP project area’ means an area that— ‘‘(A) has specified boundaries that are submitted to the Secretary by the project sponsor and subsequently appro v ed by the Secretary
‘‘(B) includes producers with contract acreage that will supply a portion of the renewable biomass needed by a biomass conversion facility; and ‘‘(C) is physically located within an economically prac - ticable distance from the biomass conversion facility. ‘‘(3) CONTRACT ACREAGE.—The term ‘contract acreage’ means eligible land that is covered by a BCAP contract entered into with the Secretary. ‘‘( 4 ) E LIGI B LE CROP.— ‘‘(A) IN GENERAL.—The term ‘eligible crop’ means a crop of renewable biomass. ‘‘(B) E X CLUSIONS.—The term ‘eligible crop’ 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; 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 Secretary, in consultation with other appropriate Federal or State departments and agen- cies. ‘‘(5) ELIGIBLE LAND.— ‘‘(A) IN GENERAL.—The term ‘eligible land’ includes agricultural and nonindustrial private forest lands (as defined in section 5(c) of the Cooperative Forestry Assist- ance Act of 1978 (16 U.S.C. 2103a(c))). ‘‘(B) EXCLUSIONS.—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; 7USC81 11 . S ugar .
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