((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

((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**

((1)) ** Amount** The Secretary shall 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.

((2)) ** Feedstock** The total amount of payments made in a fiscal year under this section to one or more eligible producers for the production of advanced biofuels derived from a single eligible commodity, including intermediate ingredients of that single commodity or use of that single commodity and its intermediate ingredients in combination with another commodity, shall not exceed one-third of the total amount of funds made available under subsection (g).

((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;

((B)) $55,000,000 for fiscal year 2010;

((C)) $85,000,000 for fiscal year 2011;

((D)) $105,000,000 for fiscal year 2012;

((E)) $15,000,000 for each of fiscal years 2014 through 2018; and

((F)) $7,000,000 for each of fiscal years 2019 through 2031.

((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 $20,000,000 for each of fiscal years 2019 through 2023.

((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.