[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7146 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7146
To direct the Secretary of Agriculture to provide grants to covered
entities to develop, modify, or implement climate adaptation and
climate mitigation proposals on agricultural land, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2024
Ms. Schrier (for herself, Ms. Perez, Ms. Strickland, and Mr. Nickel)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to provide grants to covered
entities to develop, modify, or implement climate adaptation and
climate mitigation proposals on agricultural land, 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 ``Partnerships for Agricultural
Climate Action Act''.
SEC. 2. ASSISTANCE FOR CLIMATE MITIGATION AND ADAPTATION.
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``, Tribal,''
after ``provided by State''; and
(B) in subparagraph (C), by striking ``for
pollution reduction'' and inserting ``for pollution and
emissions reductions'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Grants for Climate Mitigation and Climate Adaptation.--
``(1) Definitions.--In this subsection:
``(A) Climate adaptation.--The term `climate
adaptation' means, with respect to an agricultural
management system, management changes to such
agricultural management system to reduce vulnerability
to and recover from climate and other related
disturbances, such that the system thrives in the face
of severe weather impacts and other associated
challenges, including management changes that builds
agricultural resilience through actions such as
improved nutrient management and enhancing soil health.
``(B) Climate mitigation.--The term `climate
mitigation' means, with respect to an agricultural
management system, management changes to such
agricultural management system to reduce greenhouse gas
emissions and sequester carbon in soil and plant
biomass on agricultural land.
``(C) Covered entity.--The term `covered entity'
means--
``(i) the department of agriculture of a
State;
``(ii) an applicable Tribal Government
authority;
``(iii) an agricultural or silvicultural
producer association or other group of
producers;
``(iv) a farmer cooperative;
``(v) an institution of higher education;
``(vi) a conservation commission or
district; or
``(vii) an organization or entity with an
established history of working cooperatively
with producers on agricultural land, as
determined by the Secretary, to address local
conservation priorities related to agricultural
production or nonindustrial private forestland
management in connection to climate mitigation
or adaptation.
``(D) Eligible proposal.--The term `eligible
proposal' means a proposal for climate mitigation and
climate adaptation activities on agricultural land,
which--
``(i) is broadly consistent with part III
of the Action Plan for Climate Adaptation and
Resilience, titled `USDA's Adaptation Actions',
published by the Department of Agriculture
(August 2021);
``(ii) is broadly consistent with
conservation practices identified by the
Natural Resources Conservation Service to
reduce greenhouse gas emissions or to sequester
carbon;
``(iii) is broadly consistent with the
latest available scientific research on
regionally-relevant climate mitigation and
adaptation strategies for agricultural land;
and
``(iv) identifies effective strategies,
including strategies developed from traditional
ecological knowledge such as indigenous
agricultural knowledge practices, for
increasing adoption of regionally appropriate
management practices and systems implemented on
privately owned agricultural land under the
jurisdiction of the applicable State government
or Tribal Government that achieve at least two
of the following outcomes:
``(I) Increase in carbon
sequestration.
``(II) Reduction of greenhouse gas
emissions.
``(III) Increased resilience
against extreme weather.
``(E) Indigenous agricultural knowledge.--The term
`indigenous agricultural knowledge' means the applied
knowledge for raising or producing food and other
agricultural products grounded in indigenous belief
systems and practices that have been time-tested over
millennia.
``(F) Traditional ecological knowledge.--The term
`traditional ecological knowledge' means a cumulative
body of knowledge, practice, and belief, developed by
Native American, Alaska Native, Native Hawaiian, and
other Indigenous communities, evolving by adaptive
processes and handed down through generations by
cultural transmissions, about the relationship of
living beings (including humans) with one another and
their environments, including indigenous agricultural
knowledge.
``(G) Tribal government.--The term `Tribal
Government' means--
``(i) the governing body of an Indian
tribe;
``(ii) the governing body of a State-
recognized Tribal organization; and
``(iii) the governing body of a Native
Hawaiian community or organization.
``(2) In general.--The Secretary shall provide grants to
covered entities to--
``(A) develop or modify an eligible proposal; or
``(B) implement an eligible proposal.
``(3) Application.--
``(A) In general.--A covered entity applying for a
grant under this subsection shall prepare and submit an
application at such time, in such a manner, and
containing such information as the Secretary shall
require, including an assurance that grant funds
received under this subsection shall supplement, not
supplant, the expenditure of funds of such covered
entity in developing, modifying, or implementing
eligible proposals.
``(B) Option for tribal governments.--At the sole
discretion of a Tribal Government, such Tribal
Government may, in lieu of submitting an applications
under subparagraph (A), opt to join an application
submitted by any other covered entity for an eligible
proposal relating to agricultural lands under the
jurisdiction of such Tribal Government and that are
located within, at least in part, the geographic
boundary of such covered entity.
``(C) Solicitation of applications.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Partnerships
for Agricultural Climate Action Act, the
Secretary shall solicit applications for grants
under this subsection.
``(ii) Additional solicitations.--The
Secretary shall solicit applications for
funding for eligible proposals on a recurring
basis after the first round of applications
until all amounts appropriated to carry out
this subsection are expended.
``(D) Performance measures.--Each application
submitted under this paragraph shall include
performance measures to be used to evaluate an eligible
proposal that was developed, modified, or implemented
using a grant received under this subsection.
``(4) Selection.--
``(A) In general.--Not later than two years after
the date of enactment of the Partnerships for
Agricultural Climate Action Act, the Secretary shall
select applications submitted under paragraph (3) to
receive a grant under this subsection in accordance
with this paragraph.
``(B) Criteria.--In selecting applications to
receive a grant under this subsection--
``(i) in the case of an application for
developing or modifying an eligible proposal,
the Secretary shall select applications for
eligible proposals that will, if implemented--
``(I) have a high potential for
carbon sequestration and greenhouse gas
emissions reductions; and
``(II) increase the resilience of
agricultural management systems to
extreme weather and climate conditions;
``(ii) in the case of an application for
implementing an eligible proposal, the
Secretary shall select applications for
eligible proposals that--
``(I) have a high potential for
carbon sequestration or greenhouse gas
emissions reductions;
``(II) increase the resilience of
agricultural management systems to
extreme weather and climate conditions;
and
``(iii) the Secretary shall select
applications for eligible proposals that are
based on any other criteria that the Secretary
determines necessary or appropriate to carry
out this subsection.
``(C) Geographical diversity.--In providing grants
under this subsection, the Secretary shall, to the
maximum extent practicable, ensure geographic
diversity.
``(D) Priority.--In providing grants under this
subsection, the Secretary shall give priority to--
``(i) a covered entity for an eligible
proposal that--
``(I) includes dedicated resources
to historically underserved producers
or farming operations, including--
``(aa) beginning farmers or
ranchers;
``(bb) socially
disadvantaged farmers or
ranchers;
``(cc) veteran farmers and
ranchers, as defined in section
2501(a) of the Food,
Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C.
2279(a)); and
``(dd) small or mid-sized
farms that are structured as
family farms, as defined in
section 761.2 of title 7, Code
of Federal Regulations;
``(II) includes plans to transition
whole farm systems to ecologically
sound production systems that--
``(aa) increase carbon
sequestration;
``(bb) reduce greenhouse
gas emissions; or
``(cc) build resilience to
extreme weather; or
``(III) supports additional
conservation goals, including--
``(aa) improving soil
health;
``(bb) erosion control;
``(cc) improving nutrient
management;
``(dd) improving water
quality;
``(ee) enhancing pollinator
forage; and
``(ff) habitat restoration;
and
``(ii) the applicable Tribal Government
authority for an eligible proposal that
includes use of traditional ecological
knowledge or indigenous agricultural knowledge
practices.
``(5) Partnerships option.--A covered entity may enter into
partnership agreements for the development, modification, or
implementation of an eligible proposal with one or more other
covered entities.
``(6) Use of implementation grants.--A covered entity may
use a grant provided under paragraph (2)(B) for activities to
implement an eligible proposal, including--
``(A) provision of technical assistance to
producers;
``(B) provision of financial assistance to
producers;
``(C) on-farm research and demonstration;
``(D) extension, education, outreach, and training;
``(E) monitoring and evaluating soil carbon
sequestration, greenhouse gas emissions reductions, and
other conservation outcomes;
``(F) local producer-to-producer networking and
mentoring activities; and
``(G) other activities as the Secretary determines
appropriate.
``(7) Grant term.--
``(A) Development and modification grants.--With
respect to a grant under paragraph (2)(A), the
Secretary--
``(i) shall provide such grant for a term
of not less than one year and not more than two
years; and
``(ii) may renew such grant once at the end
of a term under clause (i), under which renewal
the Secretary may provide additional grant
funds after the initial grant funds have been
expended.
``(B) Implementation grants.--With respect to a
grant under paragraph (2)(B), the Secretary--
``(i) shall provide such grant for a term
of not less than one year and not more than
five years; and
``(ii) may renew such grant at the end of a
term under clause (i), under which renewal the
Secretary may provide additional grant funds
after the initial grant funds have been
expended.
``(8) Grant amount.--
``(A) Maximum amount.--The Secretary may provide a
grant to a covered entity--
``(i) in the case of a grant under
paragraph (2)(A), in an amount not to exceed
$7,500,000 per fiscal year; and
``(ii) in the case of a grant under
paragraph (2)(B), in an amount not to exceed
$15,000,000 per fiscal year.
``(B) Federal share.--
``(i) Grants to certain covered entities.--
The Secretary shall not provide a grant under
this subsection to a covered entity that is not
an applicable Tribal Government authority in an
amount that exceeds--
``(I) 75 percent of the cost of
developing or modifying an eligible
proposal under paragraph (2)(A); or
``(II) 50 percent of the cost of
implementing an eligible proposal under
paragraph (2)(B).
``(ii) Grants to tribal governments.--The
Secretary shall not provide a grant under this
subsection to an applicable Tribal Government
authority in an amount that exceeds--
``(I) 100 percent of the cost of
developing or modifying an eligible
proposal under paragraph (2)(A); or
``(II) 85 percent of the cost of
implementing an eligible proposal under
paragraph (2)(B).
``(iii) Restriction.--Clause (ii) does not
apply to Tribal Governments that opt to join an
application submitted by another covered entity
under paragraph (3)(B).
``(C) Non-federal funds.--The Secretary shall
provide a grant under this subsection on the condition
that any non-Federal share of expenditures be provided
from non-Federal sources.
``(9) Performance measures review and evaluation.--Each
covered entity that receives a grant under this subsection
shall submit to the Secretary a review and evaluation of the
progress of such covered entity, using the performance measures
included in the application under paragraph (3)(D), at such
intervals as the Secretary shall establish.
``(10) Effect of noncompliance.--If the Secretary, after
reasonable notice to a covered entity, determines that there
has been a failure by such covered entity to comply with the
terms of a grant made under this subsection, the Secretary may
disqualify, for one or more years, such covered entity from
receipt of future grants under this subsection.
``(11) Audit requirement.--For each year that a covered
entity receives funds from a grant provided under this
subsection, such covered entity shall--
``(A) conduct an audit of any expenditures by such
covered entity that were paid for using such funds; and
``(B) not later than 30 days after the completion
of the audit under subparagraph (A), submit to the
Secretary a copy of such audit.
``(12) Administrative expenses.--
``(A) Secretary.--The Secretary may not use more
than 3 percent of the funds made available to carry out
this subsection for a fiscal year for administrative
expenses.
``(B) Certain covered entities.--A covered entity,
that is not an applicable Tribal Government authority,
receiving a grant under this section may not use more
than 10 percent of the granted funds for administrative
expenses.
``(C) Tribal governments.--An applicable Tribal
Government authority receiving a grant under this
section may not use more than 15 percent of the granted
funds for administrative expenses.
``(13) Funding.--
``(A) In general.--Of the funds made available to
carry out this subchapter, the Secretary shall carry
out this subsection using $150,000,000 for each of
fiscal years 2023 through 2031.
``(B) Allocation of funds.--The Secretary shall
distribute funds made available to carry out this
subsection as follows:
``(i) At least 33 percent of funds to
support the development and modification of
eligible proposals under paragraph (2)(A).
``(ii) At least 33 percent of funds to
support the implementation of eligible
proposals under paragraph (2)(B).
``(C) Reservation of funds.--Of the funds made
available for grants under this subsection, 33 percent
shall be reserved for grants provided to the applicable
Tribal Government authorities.''.
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