[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2581 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2581
To establish a biochar demonstration project and biochar grant program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2021
Ms. Herrell (for herself, Mr. Westerman, Mr. Newhouse, and Mr. Gosar)
introduced the following bill; which was referred to the Committee on
Agriculture, and in addition to the Committee on Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a biochar demonstration project and biochar grant program,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biochar Innovations and
Opportunities for Conservation, Health, and Advancements in Research
Act of 2021'' or the ``BIOCHAR Act of 2021''.
SEC. 2. BIOCHAR DEMONSTRATION PROJECT.
(a) Demonstration Projects.--
(1) Establishment.--
(A) In general.--Not later than 2 years after the
date of the enactment of this section, the Secretaries
shall establish a program to enter into partnerships
with eligible entities to carry out demonstration
projects to support the development and
commercialization of biochar in accordance with this
subsection.
(B) Location of demonstration projects.--The
Secretaries shall, to the maximum extent practicable,
establish at least one biochar demonstration project in
each Forest Service region.
(2) Proposals.--To be eligible to enter into a partnership
to carry out a biochar demonstration project under paragraph
(1)(A), an eligible entity shall submit to the Secretaries a
proposal at such time, in such manner, and containing such
information as the Secretaries may require.
(3) Priority.--In selecting proposals under paragraph (2),
the Secretaries shall give priority to partnering with eligible
entities that submit proposals to carry out biochar
demonstration projects that--
(A) have the most carbon sequestration potential;
(B) will create new jobs and contribute to local
economies, particularly in rural areas;
(C) will demonstrate--
(i) new and innovative uses of biochar;
(ii) viable markets for cost effective
biochar-based products;
(iii) the ecosystem services of biochar;
(iv) the benefits of biochar to restore
forest heath and resiliency, including for
forest soils and watersheds; or
(v) any combination of purposes specified
in clauses (i) through (iv);
(D) are located in local markets that have the
greatest need for the biochar production units due to--
(i) nearby lands identified as having high
or very high or extreme risk of wildfire;
(ii) availability of sufficient quantities
of feedstocks; or
(iii) a high level of demand for biochar or
other commercial byproducts of biochar; or
(E) any combination of purposes specified in
subparagraphs (A) through (D).
(4) Use of funds.--In carrying out the program established
under paragraph (1)(A), the Secretaries may enter into
partnerships and provide funding to carry out demonstration
projects that--
(A) acquire and test various feedstocks and their
efficacy;
(B) develop and optimize commercially and
technologically viable biochar production units,
including mobile and permanent units;
(C) demonstrate the production of biochar from
forest residues and the use of biochar to restore
forest health and resiliency;
(D) build, expand, or establish biochar facilities;
(E) conduct research on new and innovative uses of
biochar or demonstrate cost-effective market
opportunities for biochar and biochar-based products;
(F) carry out any other activities the Secretaries
determine appropriate; or
(G) any combination of the purposes specified in
subparagraphs (A) through (F).
(5) Feedstock requirements.--To the maximum extent
practicable, a biochar demonstration project under this
subsection shall, with respect to the feedstock used under such
project, derive at least 50 percent of such feedstock from
forest thinning and management activities, including mill
residues, conducted on National Forest System lands.
(6) Review of biochar demonstration.--
(A) In general.--The Secretaries shall conduct
regionally specific research, including economic
analyses and life-cycle assessments, on the biochar
produced from the demonstration projects under this
subsection, including--
(i) the effects of such biochar on--
(I) forest health and resiliency;
(II) carbon capture and
sequestration, including increasing
soil carbon in the short-term and long-
term;
(III) productivity, reduced input
costs, and water retention in
agricultural practices;
(IV) soil and grassland health for
grazing activities, including grazing
activities on Federal land;
(V) environmental remediation
activities, including abandoned mine
land remediation; and
(VI) other ecosystem services of
biochar;
(ii) the efficacy of biochar as a co-
product of biofuels or in biochemicals; and
(iii) whether biochar can effectively be
used to produce any other technologically and
commercially viable outcome.
(B) Coordination.--The Secretaries shall, to the
maximum extent practicable, provide data, analysis, and
other relevant information collected under subparagraph
(A) to eligible institutions conducting research and
development activities on biochar pursuant to receiving
a grant under subsection (b).
(7) Limitation on funding for establishing biochar
facilities.--In the case of an eligible entity that enters in
to a partnership to carry out a biochar demonstration project
under this subsection and seeks to establish a biochar facility
under such demonstration project, the Secretaries may not
provide funding to such eligible entity in an amount greater
than 35 percent of the capital cost of establishing such
biochar facility.
(b) Biochar Research and Development Grant Program.--
(1) Establishment.--The Secretary of Agriculture shall
establish an applied biochar research and development grant
program to make competitive grants to eligible institutions to
carry out the activities described in paragraph (3).
(2) Applications.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary a proposal at such time, in such manner, and
containing such information as the Secretary may require.
(3) Use of funds.--An eligible institution that receives a
grant under this subsection shall use the grant funds to
conduct applied research on--
(A) the effect of biochar on forest health and
resiliency, accounting for variations in biochar, soil,
climate, and other factors;
(B) the effect of biochar on soil health and water
retention, accounting for variations in biochar, soil,
climate, and other factors;
(C) the long-term carbon sequestration potential of
biochar;
(D) the best management practices of biochar and
biochar based-products to--
(i) maximize carbon sequestration benefits;
and
(ii) maximize the commercial viability and
application of such products in forestry,
agriculture, environmental remediation, water
quality improvement, and other uses;
(E) the regional uses of biochar to increase
productivity and profitability, including--
(i) uses in agriculture and environmental
remediation; and
(ii) use as a co-product in fuel
production;
(F) new and innovative uses from biochar
byproducts; and
(G) opportunities to expand markets for biochar and
create jobs, particularly in rural areas.
(c) Reports.--
(1) Report to congress.--Not later than 2 years after the
date of the enactment of this section, the Secretaries shall
submit a report to Congress that--
(A) includes policy and program recommendations to
improve the widespread use of biochar;
(B) identifies the areas of research needed to
advance biochar commercialization; and
(C) identifies barriers to further biochar
commercialization, including permitting and siting
considerations.
(2) President's annual budget request.--Beginning 2 years
after the date of the enactment of this section and annually
until the date described in subsection (d), the Secretaries
shall include in the budget materials submitted to Congress in
support of the President's annual budget request (submitted to
Congress pursuant to section 1105 of title 31, United States
Code) for each fiscal year a report on the status of the
demonstration projects carried out under subsection (a) and the
research and development grants carried out under subsection
(b).
(d) Sunset.--The authority to carry out this section shall
terminate on the date that is 10 years after the date of the enactment
of this section.
(e) Definitions.--In this section:
(1) Biochar.--The term ``biochar'' means carbonized biomass
produced by converting feedstock through reductive thermal
processing for non-fuel uses.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) State, local, and Tribal governments;
(B) eligible institutions; and
(C) private, non-private, or cooperative entities.
(3) Eligible institution.--The term ``eligible
institution'' means land-grant colleges and universities,
including institutions eligible for funding under the--
(A) Act of July 2, 1862;
(B) Act of August 30, 1890, including Tuskegee
University;
(C) Public Law 87-788 (commonly known as the
``McIntire-Stennis Act of 1962''); or
(D) Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note).
(4) Feedstock.--The term ``feedstock'' means excess biomass
in the form of plant matter or materials that serves as the raw
material for the production of biochar.
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service; and
(B) the Secretary of Energy, acting through the
Director of the Office of Science.
<all>