[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5160 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5160
To require the Secretary of Agriculture to conduct research relating to
measurement, monitoring, reporting, and verification of greenhouse gas
emissions and carbon sequestration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 4, 2023
Mr. Sorensen (for himself and Mr. Lawler) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to conduct research relating to
measurement, monitoring, reporting, and verification of greenhouse gas
emissions and carbon sequestration, 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 ``Advancing Research on Agricultural
Climate Impacts Act of 2023''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. STANDARD SOIL CARBON MEASUREMENT METHODOLOGY.
(a) Methodology.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall develop a
standardized methodology to directly measure soil carbon for
research and conservation purposes.
(2) Review.--In developing the methodology under paragraph
(1), the Secretary shall conduct a review of widely used
existing methodologies for direct soil carbon measurement.
(3) Consultation.--In developing the methodology under
paragraph (1) and conducting the review under paragraph (2),
the Secretary shall consult with--
(A) agricultural producers, including socially
disadvantaged farmers and ranchers (as defined in
section 355(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2003(e)));
(B) soil carbon experts;
(C) nonprofit organizations;
(D) academic researchers; and
(E) other stakeholders who reflect the operational,
geographic, and socioeconomic diversity of United
States agricultural operations.
(4) Requirements.--The methodology developed under
paragraph (1) shall, to the maximum extent practicable--
(A) be usable at any location at which soil carbon
can be directly measured;
(B)(i) require measurement to a standard soil depth
sufficient for measuring the core set of variables
described in paragraph (5), determined using the best
available science; or
(ii) if measurement to the standard soil depth
described in clause (i) is not practicable due to
insufficient soil depth or other factors relating to
the applicable sample site, require measurement in
accordance with an alternate approach developed by the
Secretary, using the best available science, that--
(I) requires measurement to the maximum
allowable depth of a sample site; and
(II) produces data that is interoperable
with data collected by measurement to the
standard soil depth in accordance with clause
(i);
(C) measure the core set of variables described in
paragraph (5) to produce a standard set of reporting
metrics;
(D) produce data that is interoperable with other
data collected by the Department of Agriculture;
(E) account for calibration differences in soil
analysis between testing facilities;
(F) account for differences in uncertainty between
different measurement tools; and
(G) be usable for voluntary reporting of soil
carbon data under subsection (b).
(5) Core variables.--The methodology developed under
paragraph (1) shall measure the following core set of variables
for each sample:
(A) Bulk density.
(B) Organic carbon concentration.
(C) Rock fraction volume and weight.
(D) Other variables, as determined by the
Secretary.
(b) Voluntary Soil Carbon Data Reporting.--
(1) Technical assistance.--
(A) In general.--The Secretary, acting through the
Chief of the Natural Resources Conservation Service,
shall provide to producers described in paragraph (2)
technical assistance, including guidance, for
voluntarily measuring, monitoring, and reporting to the
Secretary soil carbon data using the methodology
developed under subsection (a).
(B) Guidance.--Guidance provided under subparagraph
(A) shall be, at a minimum--
(i) available in multiple languages; and
(ii) available to producers described in
paragraph (2) in both digital and analog
formats.
(2) Applicability.--The guidance developed under paragraph
(1) shall be applicable to--
(A) producers that are recipients of grants under
programs described in paragraph (3) to voluntarily
measure, monitor, and report to the Secretary soil
carbon outcomes under those programs; and
(B) any other producer that elects to voluntarily
report to the Secretary direct measurements of soil
carbon data.
(3) Programs described.--The programs referred to in
paragraph (2)(A) include--
(A) conservation innovation grants under section
1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-8);
(B) the sustainable agriculture research and
education program under subtitle B of title XVI of the
Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5801 et seq.);
(C) the organic agriculture research and extension
initiative established under section 1672B of that Act
(7 U.S.C. 5925b);
(D) grants under the Agriculture and Food Research
Initiative under section 2(b) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C.
3157(b)); and
(E) such other programs as the Secretary determines
to be appropriate.
(4) Requirement.--The Secretary shall seek to provide
culturally appropriate technical assistance and guidance under
paragraph (1) to socially disadvantaged farmers and ranchers
(as defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e))).
(c) Updates.--
(1) In general.--The Secretary shall update the methodology
developed under subsection (a)(1) and the guidance issued under
subsection (b)(1)(B) as needed to reflect the best-available
data science.
(2) Interoperability.--In making any updates under
paragraph (1), the Secretary shall ensure that data collected
with the updated methodology remains interoperable with
previously collected measurements.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each fiscal year.
SEC. 4. DEVELOPMENT OF NEW MEASUREMENT TOOLS UNDER AFRI.
Section 2(b)(2)(D) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157(b)(2)(D)) is amended--
(1) in clause (vii), by striking ``and'' at the end;
(2) in clause (viii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(ix) measuring, monitoring, reporting,
and verifying greenhouse gas emissions and
carbon sequestration.''.
SEC. 5. SOIL HEALTH AND CARBON DEMONSTRATION TRIALS.
(a) On-Farm Conservation Innovation Trials.--Section 1240H(c) of
the Food Security Act of 1985 (16 U.S.C. 3839aa-8(c)) is amended--
(1) in paragraph (1)(B)(i), by striking subclause (III) and
inserting the following:
``(III) soil health management
systems, including--
``(aa) systems to maintain
or increase soil carbon levels;
and
``(bb) cost-effective tools
to measure, monitor, report,
and verify greenhouse gas
emissions and carbon
sequestration;''; and
(2) in paragraph (3)(D), by striking ``3 years'' each place
it appears and inserting ``5 years''.
(b) Sustainable Agriculture Research and Education Program.--
Section 1621(e) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5811(e)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Soil carbon sequestration demonstration projects.--In
carrying out this section, the Secretary shall conduct on-farm
demonstration projects for soil carbon sequestration.''.
SEC. 6. SOIL CARBON INVENTORY AND ANALYSIS NETWORK.
Chapter 5 of subtitle D of title XII of the Food Security Act of
1985 is amended by inserting after section 1240M (16 U.S.C. 3839bb) the
following:
``SEC. 1240N. SOIL CARBON INVENTORY AND ANALYSIS NETWORK.
``(a) Definitions.--In this section:
``(1) Conservation activities.--The term `conservation
activities' has the meaning given the term in section 1240I.
``(2) Eligible land.--The term `eligible land' means public
and private cropland, rangeland, pastureland, and wetlands in
the United States.
``(3) Program.--The term `program' means the program
established under subsection (b)(1).
``(4) Regional resource area.--The term `regional resource
area' means a contiguous area of eligible land that has similar
resource characteristics.
``(5) Resource characteristics.--The term `resource
characteristics' means--
``(A) geographic, climate, natural resource, and
soil type characteristics; and
``(B) any other characteristics that the Secretary
determines to be appropriate for the purpose of
carrying out the program.
``(6) Secretary.--The term `Secretary' means the Secretary,
acting jointly through the Chief of the Natural Resources
Conservation Service and the Administrator of the Agricultural
Research Service.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a program
to inventory, monitor, and analyze soil carbon changes on
eligible land in the United States.
``(2) Purposes.--The purposes of the program are--
``(A) to analyze soil properties, including soil
organic carbon, across space, time, and depth;
``(B) to analyze the impacts of land management
strategies, including conservation activities, on soil
carbon sequestration; and
``(C) to inform any tools of the Secretary designed
to predict the impacts of different land management
practices, including implementing conservation
activities, on greenhouse gas emissions and soil carbon
sequestration across the United States.
``(3) Consultation.--In carrying out the program, the
Secretary shall consult with the Director of the National
Institute of Food and Agriculture, the Chief of the Forest
Service, the Chief Data Officer, the Administrator of the
Environmental Protection Agency, the Secretary of Energy, and
the head of any other department or agency that the Secretary
determines to be appropriate.
``(c) Sampling.--
``(1) Sample sites.--The Secretary shall select sample
sites under the program by taking into consideration--
``(A) the accessibility of sites;
``(B) the ease of collecting repeated measurements
over time; and
``(C) such other factors as the Secretary
determines to be appropriate.
``(2) Preference.--In selecting sample sites under
paragraph (1), the Secretary shall give preference to sites
that have been used for soil testing previously.
``(3) Number of sample sites.--The Secretary shall select
sufficient sample sites under paragraph (1) to analyze changes
in soil carbon across regional resource areas, as determined by
the Secretary, over time, taking into account the geographical
size and heterogeneity of each regional resource area.
``(d) Inventory.--
``(1) In general.--Every 5 years, the Secretary shall
prepare an inventory of soil carbon stocks on eligible land,
under which the Secretary shall collect measurements at each
sample site selected under subsection (c).
``(2) Methodology.--The Secretary shall ensure that the
methodology developed under section 3(a) of the Advancing
Research on Agricultural Climate Impacts Act of 2023 is used
for purposes of conducting measurements at each sample site
under the program.
``(3) Minimum number of samples.--The Secretary shall
measure a sufficient number of samples to analyze changes in
soil carbon at each sample site selected under subsection (c)
for each inventory under paragraph (1).
``(4) Characteristics.--In preparing the inventory under
paragraph (1), the Secretary shall document the following
characteristics for each sample site selected under subsection
(c):
``(A) Soil type and texture.
``(B) Land use history, including conservation
activities.
``(C) Environmental characteristics, such as
temperature and precipitation.
``(D) Other characteristics, as determined by the
Secretary.
``(e) Individual Protections.--
``(1) Protection of private property rights.--Before
selecting a sample site under subsection (c) or conducting any
measurement under subsection (d)(1), the Secretary shall obtain
authorization from the owner of the eligible land.
``(2) Voluntariness requirement.--The Secretary may not
require authorization under paragraph (1) or any other
participation in any activity under this section as a condition
on receipt of any benefit under a program administered by the
Secretary.
``(3) Data privacy protection.--In carrying out the
program, the Secretary shall ensure that data is collected and
analyzed while respecting relevant privacy safeguards and does
not include any identifiable, proprietary, or personal
information of individual land owners or operators.
``(f) Data Center.--
``(1) In general.--Data collected under the program shall
be maintained in a data center operated by the Secretary.
``(2) Partnerships.--The data center described in paragraph
(1) may be operated in partnership with 1 or more of the
following entities, if the entity complies with paragraph (4):
``(A) An 1862 Institution (as defined in section 2
of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601)).
``(B) An 1890 Institution (as defined in that
section).
``(C) A 1994 Institution (as defined in section 532
of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382)).
``(D) Institutions of higher education with
expertise in predictive modeling, large-scale data
collection, soil carbon research, or agricultural land
management to mitigate climate change.
``(E) Federal research centers.
``(3) Applications.--An entity described in any of
subparagraphs (A) through (E) of paragraph (2) seeking to enter
into a partnership to manage the data center described in
paragraph (1) shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(4) Requirements.--The data center described in paragraph
(1) shall--
``(A) use the industry standard protocols to
protect identifiable, proprietary, or personal
information of individual land owners or operators;
``(B) ensure that individual producer data is not
sold through the center; and
``(C) comply with all applicable privacy
requirements, including--
``(i) section 1770 of the Food Security Act
of 1985 (7 U.S.C. 2276);
``(ii) section 1619 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C.
8791);
``(iii) section 502(c) of the Federal Crop
Insurance Act (7 U.S.C. 1502(c)); and
``(iv) section 552 of title 5, United
States Code.
``(5) Limited release of information.--The Secretary may
release or disclose information maintained in the data center
described in paragraph (1) pursuant to section 1619(b)(3)(A)(i)
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8791(b)(3)(A)(i)) to researchers for the purposes of
statistically analyzing the information.
``(g) Public Availability.--On completion of each inventory under
subsection (d)(1), the Secretary shall make publicly available--
``(1) the statistical or aggregated form of data collected
from measurements under that subsection;
``(2) information regarding the methodology used to collect
that data; and
``(3) any analysis made of the measurements described in
paragraph (1).
``(h) Reports.--On completion of each inventory under subsection
(d)(1), the Secretary shall prepare, publish, and make available to the
public a report that--
``(1) contains a description of soil carbon trends,
including by incorporating measurements conducted under
subsection (d) during the 5 years covered by the report;
``(2) contains an analysis of the impact of different land
management practices, including implementing 1 or more
conservation activities, on soil carbon levels;
``(3) contains an analysis of the effect of weather and
climate variability on the observed trends;
``(4) contains an analysis of how land management
practices, including conservation activities, that influence
soil carbon sequestration may affect the rate of emissions of
other greenhouse gases in the agricultural sector, including
methane and nitrous oxide; and
``(5) establishes a benchmark for the baseline soil carbon
absent additional conservation activities.
``(i) Strategic Plan.--Not later than 1 year after the date of
enactment of the Advancing Research on Agricultural Climate Impacts Act
of 2023, the Secretary shall prepare and submit to Congress a strategic
plan to implement and carry out this section, which shall describe in
detail--
``(1) the organization and procedures necessary to
implement and carry out this section;
``(2) the plan for measurements in each regional resource
area under subsection (d)(1) for the first 5-year interval,
including the schedule and the number of samples collected from
each sample site selected under subsection (c).
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $17,500,000 for each fiscal
year.''.
SEC. 7. PREDICTIVE MODELS.
(a) In General.--The Secretary shall develop and maintain a
modeling tool (or combination of tools) that shall predict the impacts
of different land management practices, including implementing
conservation activities, on greenhouse gas emissions and soil carbon
sequestration across the United States.
(b) Consultation.--In developing the modeling tool or tools under
subsection (a), the Secretary shall consult with--
(1) the Secretary of Energy;
(2) the Administrator of the Environmental Protection
Agency;
(3) agricultural producers, including socially
disadvantaged farmers and ranchers (as defined in section
355(e) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2003(e)));
(4) soil carbon experts;
(5) nonprofit organizations;
(6) academic researchers;
(7) private companies with expertise in soil carbon
sequestration or greenhouse gas monitoring for agricultural
operations; and
(8) other stakeholders, including the heads of other
appropriate Federal agencies or non-Federal entities, who
reflect the operational, geographic, and socioeconomic
diversity of United States agricultural operations.
(c) Requirements.--The modeling tool or tools described in
subsection (a) shall--
(1) be anchored in direct measurements of land, including
soil sampling, such as under the program established under
section 1240N of the Food Security Act of 1985 and the programs
described in section 3(b)(3);
(2) account for differences that could impact land
management outcomes, including--
(A) soil type;
(B) type of land use;
(C) type of crop;
(D) geography and local climate;
(E) geographic size of the land-use operation;
(F) ongoing or existing conservation activities;
and
(G) such other items as the Secretary determines to
be appropriate;
(3) allow a user of the tool to estimate the changes in
greenhouse gas emissions or soil carbon sequestration, and the
uncertainty of those estimated changes, that occur as a result
of implementing 1 or more conservation activities; and
(4) be user-friendly and accessible--
(A) to producers and researchers; and
(B) in multiple languages.
(d) Reviews and Updates.--
(1) Reviews.--Not less frequently than annually, the
modeling tool or tools described in subsection (a) shall be
reviewed to determine if an update is required to reflect the
best available data and science.
(2) Updates.--If it is determined that an update is
required under paragraph (1), the update shall be made not
later than 1 year after the date of that determination.
(e) Partners.--
(1) In general.--In analyzing data, conducting research,
and developing and maintaining the modeling tool or tools under
subsection (a), the Secretary may partner with--
(A) an Institution described in paragraph (2);
(B) an institution of higher education with
expertise in predictive modeling, large-scale data
collection, soil carbon research, or agricultural land
management to mitigate climate change; or
(C) a Federal research center.
(2) Institutions described.--An Institution referred to in
paragraph (1)(A) is any of the following:
(A) An 1862 Institution (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601)).
(B) An 1890 Institution (as defined in that
section).
(C) A 1994 Institution (as defined in section 532
of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382)).
(f) Annual Report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report that--
(1) describes the progress of the Secretary in developing
the modeling tool or tools under subsection (a);
(2) contains an assessment of the accuracy with which a
user will be able to use the tool to determine the permanence
and additionality of greenhouse gas emissions reduced or carbon
sequestered;
(3) describes the models and data that the Secretary has
developed or collected, or intends to develop or collect, as
applicable, for purposes of developing or maintaining the tool;
(4) describes--
(A) whether it was determined that an update was
required under subsection (d)(1); and
(B) if an update was required, the specifics of the
update;
(5) includes any other information that, as determined by
the Secretary, is relevant to--
(A) the efficacy of the tool;
(B) the intended applications of the tool; or
(C) the determination of--
(i) changes in greenhouse gas emissions or
soil carbon sequestration associated with
producer land-use practices; or
(ii)(I) estimates of the impacts of land
use practices, including conservation
activities, on greenhouse gas emissions and
soil carbon sequestration; and
(II) the measurement error of the tool.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for each fiscal year.
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