Rulemaking Process

Overview

The 2008 Farm Bill Energy Title consists of 14 sections, many of which create new or expanded programs. The USDA has set priorities for how and when it will implement these programs, based on the availability of mandatory funding, Congressional emphasis and agency preference.  (A full listing of Energy Title sections can be found at our quick summary of Energy Title programs.)

Implementing the programs requires USDA to write new rules for most of them. This rulemaking process requires USDA to make many decisions which, in sum, determine the overall success of the programs. The public is an important part of this process to make sure the USDA puts the best policies in place.

On this page you can see a quick status of rulemaking for the various programs.

Rulemaking/Funding Status – UPDATED February 9, 2010

The table below summarizes the regulatory status of these programs.

Acronyms:

  • NOFA - Notice of Funds Availability, and NOSA – Notice of Solicitation of Applications  – Both mean the USDA is accepting applications for funding under a given program.
  • NOPR - Notice of Proposed Rulemaking – A notice from the USDA for proposed permanent rules for a given program.

Program Name

Status as of February 9, 2010
Biorefinery Assistance (Section 9003)
  • USDA issued both NOFA (PDF format) and NOPR (PDF) as of November 20, 2008. It has not yet issued a final rule for the program.
Repowering Assistance (9004)
  • USDA issued a NOFA (PDF) for Repowering Assistance on June 12, 2009. The application window is July 1 through November 1, 2009.
Advanced Biofuels Production Incentive Program (9005)
  • USDA issued a Notice of Contract Proposal for payments to eligible producers of Advanced Biofuels on June 12, 2009. The application window is between June 12 and August 11, 2009.
Rural Energy for America Program (REAP) (9007) – Grants
  • USDA issued a NOSA on May 26, 2009 for grants, loan guarantees and feasibility studies. The application deadline is July 31.
  • USDA proposed changes to the FY 2010 REAP grant program in October 2008. ELPC submitted comments on behalf of a large ag/energy coalition, and you can read them here.
  • We expect that USDA will issue a proposed rule to implement the REAP program in the first quarter 2010, together with a funding notice for the 2010 program year.
REAP — Loan Guarantees
REAP – Feasibility Studies
REAP – Energy Technical Assistance
Biomass Research and Development (9008)
  • No NOPR or NOFA published to date.
Biomass Crop Assistance Program (BCAP) (9011)
  • USDA issued its proposed rule to implement the BCAP program on February 8, 2010, and also cancelled a June 2009 NOFA. Comments are due on April 9, 2010.