7 USC 8105 - Bioenergy program for advanced biofuels

(a) Definition of eligible producer 
In this section, the term eligible producer means a producer of advanced biofuels.
(b) Payments 
The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels.
(c) Contracts 
To receive a payment, an eligible producer shall
(1) enter into a contract with the Secretary for production of advanced biofuels; and

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(2) submit to the Secretary such records as the Secretary may require as evidence of the production of advanced biofuels.
(d) Basis for 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 Secretary.
(e) Equitable distribution 
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) Other requirements 
To receive a payment under this section, an eligible producer shall meet any other requirements of Federal and State law (including regulations) applicable to the production of advanced biofuels.
(g) Funding 

(1) Mandatory funding 
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended
(A) $55,000,000 for fiscal year 2009;

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(B) $55,000,000 for fiscal year 2010;
(C) $85,000,000 for fiscal year 2011; and
(D) $105,000,000 for fiscal year 2012.
(2) Discretionary funding 
In addition to any other funds made available to carry out this section, there is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2009 through 2012.
(3) Limitation 
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.