[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4504 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4504
To establish a biochar demonstration project for federally recognized
Indian Tribes and Alaska Native corporations to support the development
and commercialization of biochar.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2021
Mr. LaMalfa (for himself, Mr. Westerman, Mr. Newhouse, Mr. Bentz, Mr.
Obernolte, and Mr. Rosendale) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, 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 for federally recognized
Indian Tribes and Alaska Native corporations to support the development
and commercialization of biochar.
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 ``Tribal Biochar Promotion Act of
2021''.
SEC. 2. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.)
is amended as follows:
(1) In section 2--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (g) as
subsections (a) through (f), respectively,
(C) by striking ``subsection (b)'' each place it
appears and inserting ``subsection (a)''; and
(D) by striking ``subsection (c)'' each place it
appears and inserting ``subsection (b)''.
(2) By adding at the end the following:
``SEC. 3. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION PROJECT.
``(a) Stewardship Contracts or Similar Agreements.--For each of
fiscal years 2021 through 2030, the Secretary shall enter into
stewardship contracts or similar agreements (excluding direct service
contracts) with Indian Tribes or Tribal organizations to carry out
demonstration projects to support the development and commercialization
of biochar on Indian forest land or rangeland and in nearby communities
by providing reliable supplies of feedstock from Federal land.
``(b) Demonstration Projects.--In each fiscal year for which
demonstration projects are authorized under this section, not less than
4 new demonstration projects that meet the eligibility criteria
described in subsection (c) shall be carried out under contracts or
agreements described in subsection (a).
``(c) Eligibility Criteria.--To be eligible to enter into a
contract or agreement under this section, an Indian Tribe shall submit
to the Secretary an application that includes--
``(1) a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian Tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian Tribe; and
``(2) such other information as the Secretary may require.
``(d) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary shall--
``(1) take into consideration whether a proposed project--
``(A) creates new jobs and enhances the economic
development of the Indian Tribe;
``(B) demonstrates new and innovative uses of
biochar, viable markets for cost effective biochar-
based products, or ecosystem services of biochar;
``(C) improves the forest health or watersheds of
Federal land or Indian forest land or rangeland;
``(D) demonstrates new investments in biochar
infrastructure or otherwise promotes the development
and commercialization of biochar;
``(E) is located in an area with--
``(i) nearby lands identified as having a
high, very high, or extreme risk of wildfire;
``(ii) availability of sufficient
quantities of feedstock; or
``(iii) a high level of demand for biochar
or other commercial byproducts of biochar; or
``(F) any combination of purposes specified in
subparagraphs (A) through (E); and
``(2) exclude from consideration any merchantable logs that
have been identified by the Secretary for commercial sale.
``(e) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of the enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian Tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(f) Report.--Not later than 2 years after the date of the
enactment of this section and every year thereafter, the Secretary
shall submit to Congress a report that describes, with respect to the
reporting period--
``(1) each individual Tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(g) Incorporation of Management Plans.--To the maximum extent
practicable, on receipt of a request from an Indian Tribe, the
Secretary shall incorporate into a contract or agreement with that
Indian Tribe entered into pursuant to this section, management plans
(including forest management and integrated resource management plans
and Indian Trust Asset Management Plans) in effect on the Indian forest
land or rangeland of that Indian Tribe.
``(h) Term.--A contract or agreement entered into under this
section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.
``SEC. 4. DEFINITIONS.
``In this Act:
``(1) Biochar.--The term `biochar' means carbonized biomass
produced by converting feedstock through reductive thermal
processing for non-fuel uses.
``(2) Federal land.--The term `Federal land' means--
``(A) land of the National Forest System (as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)) administered by the Secretary of Agriculture,
acting through the Chief of the Forest Service; and
``(B) public lands (as defined in section 103 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)), the surface of which is administered by
the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
``(3) 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.
``(4) Indian forest land or rangeland..--The term `Indian
forest land or rangeland' means land that--
``(A) is held in trust by, or with a restriction
against alienation by, the United States for an Indian
Tribe or a member of an Indian Tribe; and
``(B)(i)(I) is Indian forest land (as defined in
section 304 of the National Indian Forest Resources
Management Act (25 U.S.C. 3103)); or
``(II) has a cover of grasses, brush, or any
similar vegetation; or
``(ii) formerly had a forest cover or vegetative
cover that is capable of restoration.
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(6) Secretary.--The term `Secretary' means--
``(A) the Secretary of Agriculture, with respect to
land under the jurisdiction of the Forest Service; and
``(B) the Secretary of the Interior, with respect
to land under the jurisdiction of the Bureau of Land
Management.
``(7) Tribal organization.--The term `Tribal organization'
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).''.
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