Eligible material for payments.

(a) Except for the exclusions specified in paragraph (b) of this section, in order to qualify for matching payments, eligible material must meet the following requirements: (1) Eligible material must be collected or harvested by the eligible material owner: (i) Directly from: (A) National Forest System land, Bureau of Land Management land; (B) Non-Federal land; or (C) Land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States; (ii) Consistent with a conservation plan, forest stewardship plan, or plan that CCC determined to be an equivalent plan, that provides the following: (A) The purpose of the harvest of the eligible material; (B) The expected volume of the harvest; (C) The total number of acres to be harvested; (D) The name of the eligible material owner(s); and (E) Any additional information, as determined by CCC; and (iii) Consistent with Executive Order 13112, “Invasive Species. ” (2) Woody eligible material produced on land other than contract acreage must be: (i) By-products of preventative treatments that were removed to reduce hazardous fuels or to reduce or contain disease or insect infestation; and (ii) If harvested from Federal lands then done so in accordance with the requirements for old-growth maintenance, restoration, and management direction provided by 16 U.S.C. 6512 for Federal lands; and (3) Eligible material must be delivered to a qualified biomass conversion facility (as specified in § 1450.101 and other provisions of these regulations). (b) Notwithstanding paragraph (a) of this section, payments under this subpart are not authorized for: (1) Any eligible material delivered before May 28, 2015; (2) Any eligible material for which payment from a biomass conversion facility was received before the application for payment under this subpart is received and approved by the FSA county office, as specified in § 1450.104; (3) Material that is whole grain from any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 or an amendment made by that title, including, but not limited to, barley, corn, grain sorghum, oats, rice, or wheat; honey; mohair; certain oilseeds such as canola, crambe, flaxseed, mustard seed, rapeseed, safflower seed, soybeans, sesame seed, and sunflower seeds; peanuts; pulse; chickpeas, lentils, and dry peas; dairy products; sugar; and wool and cotton boll fiber; (4) Animal waste and by-products of animal waste including fats, oil, grease, and manure; (5) Food waste and yard waste; (6) Algae; (7) Woody eligible material that is not a by-product of a preventative treatment to reduce hazardous fuel or to reduce or contain disease or insect infestation; (8) Any woody eligible material collected or harvested outside contract acreage that would otherwise be used for higher-value products; (9) Any otherwise eligible material collected or harvested outside contract acreage that, after delivery to a biomass conversion facility, its campus, or its affiliated facilities, must be separated from an eligible material used for a higher-value market product in order to be used for heat, power, biobased products, research, or advanced biofuels; or (10) Bagasse. (c) For eligible woody material harvested or collected from public lands, a person having the right to harvest or collect eligible material pursuant to a contract or permit with the U.S. Forest Service or other appropriate Federal agency will not be eligible for additional haul costs unless the facility is a further distance than specified in the contract requirement or the material was not a mandatory removal item from Federal lands. [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10573, Feb. 27, 2015]