[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1255 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1255
To encourage the use of carbon storage sequestration practices in the
United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2001
Mr. Wyden (for himself and Mr. Brownback) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To encourage the use of carbon storage sequestration practices in the
United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Carbon
Sequestration and Reporting Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CARBON ADVISORY COUNCIL
Sec. 101. Carbon advisory council.
Sec. 102. National inventory and voluntary reporting of greenhouse
gases.
TITLE II--FOREST CARBON MANAGEMENT
Sec. 201. Forest carbon storage and sequestration.
TITLE III--CARBON SEQUESTRATION PROGRAM
Sec. 301. Establishment.
Sec. 302. Funding.
Sec. 303. Regulations.
Sec. 304. Effective dates.
TITLE IV--REPORTS
Sec. 401. Initial report.
Sec. 402. Annual report.
Sec. 403. State report.
TITLE I--CARBON ADVISORY COUNCIL
SEC. 101. CARBON ADVISORY COUNCIL.
The Energy Policy Act of 1992 is amended by inserting after section
1609 (42 U.S.C. 13388) the following:
``SEC. 1610. CARBON ADVISORY COUNCIL.
``(a) Definitions.--In this section:
``(1) Carbon advisory council.--The term `Carbon Advisory
Council' means the Carbon Advisory Council established under
subsection (b).
``(2) Carbon sequestration.--The term `carbon
sequestration' means the action of vegetable matter in--
``(A) extracting carbon dioxide from the atmosphere
through photosynthesis;
``(B) converting the carbon dioxide to carbon; and
``(C) storing the carbon in the form of roots,
stems, soil, or foliage.
``(3) Carbon storage.--The term `carbon storage' means the
quantity of carbon sequestered from the atmosphere and stored
in forest carbon reservoirs.
``(4) Forest carbon program.--The term `forest carbon
program' means the program established under section 2404(b) of
the Global Climate Change Prevention Act of 1990 to provide
financial assistance for forest carbon activities through--
``(A) cooperative agreements; and
``(B) State revolving loan funds.
``(5) Forest management action.--
``(A) In general.--The term `forest management
action' means an action that--
``(i) applies forestry principles to the
regeneration, management, utilization, and
conservation of forests to meet specific goals
and objectives; and
``(ii) maintains the productivity of the
forests.
``(B) Inclusions.--The term `forest management
action' includes management of forests for the benefit
of--
``(i) aesthetics;
``(ii) fish;
``(iii) recreation;
``(iv) urban values;
``(v) water;
``(vi) wilderness;
``(vii) wildlife;
``(viii) wood products; and
``(ix) other forest values.
``(6) Indian tribe.--The term `Indian tribe' has the
meaning given the term by section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
``(7) Reforestation.--
``(A) In general.--The term `reforestation' means
the reestablishment of forest cover naturally or
artificially.
``(B) Inclusions.--The term `reforestation'
includes--
``(i) planned replanting;
``(ii) reseeding; and
``(iii) natural regeneration.
``(b) Establishment.--The Secretary shall establish an advisory
council, to be known as the `Carbon Advisory Council', to--
``(1) advise the Secretary on the development and updating
of guidelines for accurate reporting of greenhouse gas
sequestration from soil carbon and forest management actions;
``(2) evaluate the potential effectiveness of the
guidelines in verifying carbon inputs and outputs from various
soil carbon and forest management strategies;
``(3) estimate the effect of implementing the guidelines on
carbon sequestration and storage; and
``(4) assist the Secretary in preparing the annual report
required by section 402(a) of the Carbon Storage and
Sequestration Act (including the assessment of the
vulnerability of forests and agricultural land to the adverse
effects of climate change).
``(c) Membership.--The Carbon Advisory Council shall be composed of
21 members as follows:
``(1) The Secretary of Agriculture (or a designee).
``(2) The Secretary of Energy (or a designee).
``(3) The Secretary of the Interior (or a designee).
``(4) The Secretary of State (or a designee).
``(5) The Administrator of the Environmental Protection
Agency (or a designee).
``(6) The Chief of the Forest Service (or a designee)
``(7) 15 members appointed jointly by the Secretary of
Agriculture and the Secretary of Energy as follows:
``(A) 1 member representing professional forestry
organizations.
``(B) 2 members representing environmental or
conservation organizations.
``(C) 1 member representing nonindustrial private
landowners.
``(D) 1 member representing the forest industry.
``(E) 1 member representing Indian tribes.
``(F) 1 member representing forest workers.
``(G) 3 members representing the academic
scientific community.
``(H) 2 members representing State forestry
organizations.
``(I) 2 members representing nongovernmental
organizations who have an expertise and experience in
soil carbon sequestration practices.
``(J) 1 member representing commercial agricultural
producers.
``(d) Term.--
``(1) In general.--Except as provided in paragraph (3), a
member of the Carbon Advisory Council appointed under
subsection (c)(7) shall be appointed for a term of 3 years.
``(2) Consecutive terms.--No individual appointed under
subsection (c)(7) may serve on the Carbon Advisory Council for
more than 2 consecutive terms.
``(3) Initial terms.--Of the members first appointed to the
Carbon Advisory Council under subsection (c)(7)--
``(A) 5 of the members shall be appointed for a
term of 1 year;
``(B) 5 of the members shall be appointed for a
term of 2 years; and
``(C) 5 of the members shall be appointed for a
term of 3 years.
``(e) Vacancy.--
``(1) In general.--A vacancy on the Carbon Advisory Council
shall be filled in the same manner as the original appointment
was made.
``(2) Filling of unexpired term.--An individual chosen to
fill a vacancy shall be appointed for the unexpired term of the
member replaced.
``(f) Compensation.--
``(1) Non-federal employees.--A member of the Carbon
Advisory Council who is not an officer or employee of the
Federal Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day (including travel time)
during which the member is engaged in the performance of the
duties of the Carbon Advisory Council.
``(2) Federal employees.--A member of the Carbon Advisory
Council who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as an
officer or employee of the Federal Government.
``(3) Travel expenses.--A member of the Carbon Advisory
Council shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an employee of an
agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of
business of the member in the performance of the duties of the
Carbon Advisory Council.
``(4) Support.--The Secretary shall provide financial and
administrative support to the Carbon Advisory Council.
``(g) Use of Existing Council.--The Secretary may designate a
council in existence as of the date of enactment of this section to
perform the tasks of the Carbon Advisory Council if (as determined by
the Secretary)--
``(1) the responsibilities of the Carbon Advisory Council,
as described in subsection (b), are a high priority for the
existing council; and
``(2) the representation, membership terms, background, and
responsibilities of the existing council correspond to the
requirements for the Carbon Advisory Council established under
subsections (c) and (d).
``(h) Duties.--
``(1) Review of guidelines.--Not later than 18 months after
the date of enactment of this section, the Carbon Advisory
Council shall--
``(A) review the guidelines established under
section 1605(b)(1) that address procedures for the
accurate voluntary reporting of greenhouse gas
sequestration from tree planting, forest management
actions, and agricultural land;
``(B) make recommendations to the Secretary to
amend the guidelines; and
``(C) before submitting the guidelines to the
Secretary, provide an opportunity for public comment on
the guidelines.
``(2) Establishment of guidelines.--
``(A) Reporting guidelines.--The recommendations
under paragraph (1)(B) shall include recommendations
for reporting guidelines that--
``(i) are based on--
``(I) measuring increases in carbon
storage in excess of the carbon storage
that would have occurred but for
reforestation, forest management,
forest protection, or other soil carbon
and forest management actions; and
``(II) comprehensive carbon
accounting that reflects net increases
in the carbon reservoir and takes into
account any carbon emissions resulting
from the disturbance of carbon
reservoirs existing at the beginning of
a soil carbon or forest management
action; and
``(ii) include options for--
``(I) estimating the indirect
effects of soil carbon and forest
management actions on carbon storage,
including the potential displacement of
carbon emissions;
``(II) quantifying the expected
carbon storage over various time
periods, as determined by the
Secretary, taking into account the
duration of carbon stored in the carbon
reservoir; and
``(III) considering the economic
and social effects of soil carbon and
forest management alternatives.
``(B) Accurate monitoring, measurement, and
verification guidelines.--
``(i) In general.--The recommendations
under paragraph (1)(B) shall include
recommended practices for monitoring,
measurement, and verification of carbon storage
from soil carbon and forest management actions.
``(ii) Requirements.--The recommended
practices shall, to the maximum extent
practicable--
``(I) be based on statistically
sound sampling strategies that build on
knowledge of the carbon dynamics of
forests and agricultural land;
``(II) compute carbon stocks and
changes in carbon stocks, by taking
field condition measurements and
modeling;
``(III) include guidelines on how
to sample and calculate carbon
sequestration across multiple
participating ownerships; and
``(IV) encourage the use of more
precise measurements at the option of a
reporting entity.
``(C) State guidelines.--The recommendations under
paragraph (1)(B) shall include State guidelines for
reporting, monitoring, and verifying carbon storage
under the forest carbon program.
``(D) Biomass energy projects.--The recommendations
under paragraph (1)(B) shall include guidelines for
calculating net greenhouse gas reductions from biomass
energy projects, including--
``(i) net changes in carbon storage
resulting from changes in land use; and
``(ii) the effect of using biomass to
generate electricity (including co-firing of
biomass with fossil fuels) on the displacement
of greenhouse gas emissions from fossil fuels.
``(3) Review of guidelines.--At least once every 24 months,
the Carbon Advisory Council shall meet to--
``(A) evaluate the latest scientific and
observational information on reporting, monitoring, and
verification of carbon storage from forest soil carbon
and forest management actions; and
``(B) recommend to the Secretary, revised
guidelines for reporting, monitoring, and verification
of carbon storage from soil carbon and forest
management actions to reflect the evaluation.
``(4) Compliance with other laws.--The Advisory Committee
shall meet, as necessary, to ensure that the guidelines for
reporting, monitoring, and verification of carbon storage from
forest management actions are revised to be consistent with any
Federal or State laws enacted after the date of enactment of
this section.''.
SEC. 102. NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE
GASES.
Section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C.
13385(b)) is amended by adding at the end the following:
``(5) Amendment of guidelines.--Not later than 180 days
after receiving the recommendations of the Carbon Advisory
Council under subsection 1610(h)(1)(B), the Secretary (acting
through the Administrator of the Energy Information
Administration) shall, as appropriate, revise the guidelines
established under paragraph (1) to reflect the recommendations
of the Carbon Advisory Council.''.
TITLE II--FOREST CARBON MANAGEMENT
SEC. 201. FOREST CARBON STORAGE AND SEQUESTRATION.
The Global Climate Change Prevention Act of 1990 is amended by
inserting after section 2403 (7 U.S.C. 6702) the following:
``SEC. 2404. FOREST CARBON MANAGEMENT.
``(a) Definitions.--In this section:
``(1) Carbon advisory council.--The term `Carbon Advisory
Council' means the Carbon Advisory Council established by
section 1610(b) of the Energy Policy Act of 1992.
``(2) Carbon storage.--The term `carbon storage' means the
quantity of carbon sequestered from the atmosphere and stored
in forest carbon reservoirs.
``(3) Forest carbon program.--The term `forest carbon
program' means the program established under subsection (b) to
provide financial assistance for forest carbon activities
through--
``(A) cooperative agreements; and
``(B) State revolving loan funds.
``(4) Forest carbon reservoir.--The term `forest carbon
reservoir' means--
``(A) trees, roots, soils, or other biomass
associated with forest ecosystems; and
``(B) products from the biomass that store carbon.
``(5) Forest land--
``(A) In general.--The term `forest land' means
land that is, or has been, at least 10 percent stocked
by forest trees of any size.
``(B) Inclusions.--The term `forest land'
includes--
``(i) land on which forest cover may be
naturally or artificially regenerated; and
``(ii) a transition zone between a forested
area and nonforested area that is capable of
sustaining forest cover.
``(6) Forest management action.--
``(A) In general.--The term `forest management
action' means an action that--
``(i) applies forestry principles to the
regeneration, management, use, and conservation
of forests to meet specific goals and
objectives; and
``(ii) maintains the productivity of the
forests.
``(B) Inclusions.--The term `forest management
action' includes management of forests for the benefit
of--
``(i) aesthetics;
``(ii) fish;
``(iii) recreation;
``(iv) urban values;
``(v) water;
``(vi) wilderness;
``(vii) wildlife;
``(viii) wood products; and
``(ix) other forest values.
``(7) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
``(8) Invasive species.--The term `invasive species' means
a species that is not native to an ecosystem, the introduction
of which may cause harm to the economy, the environment, or
human health.
``(9) Nonindustrial private forest.--The term
`nonindustrial private forest' means forest land that is
privately owned by a person that--
``(A) does not control a forest products
manufacturing facility; and
``(B) manages the land solely for the purposes of
timber production.
``(10) Reforestation.--
``(A) In general.--The term `reforestation' means
the reestablishment of forest cover naturally or
artificially.
``(B) Inclusions.--The term `reforestation'
includes--
``(i) planned replanting;
``(ii) reseeding; and
``(iii) natural regeneration.
``(11) Revolving loan program.--The term `revolving loan
program' means a State revolving loan program established under
subsection (b)(2)(A).
``(12) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(b) Forest Carbon Program.--
``(1) Cooperative agreement.--The Secretary may enter into
a cooperative agreement with willing landowners who are State
or local governments, Indian tribes, private, nonprofit
entities, and other persons to carry out forest carbon
activities on private land, State land, Indian tribe land, or
private land.
``(2) Revolving loan program.--
``(A) In general.--In collaboration with State
Foresters and representatives of nongovernmental
organizations, the Secretary shall provide assistance
to States to establish a revolving loan program to
carry out forest carbon activities on nonindustrial
private forest land.
``(B) Eligibility.--An owner of nonindustrial
private forest land shall be eligible for assistance
from a revolving loan fund for forest carbon activities
on not more than a total of 5,000 acres of
nonindustrial private forest land of the owner.
``(C) Loan terms.--
``(i) In general.--To be eligible for a
loan under this section, an owner of
nonindustrial private forest land shall enter
into a loan agreement with the State.
``(ii) Interest rate.--The loan agreement
shall have loan interest rates that are
established by the State--
``(I) to encourages participation
of nonindustrial private forest
landowners in the revolving loan
program;
``(II) to provide a net rate of
return of not more than 3 percent; and
``(III) to further the objectives
of this section.
``(iii) Repayment.--The loan agreement
shall require that loan obligations be repaid
to the State--
``(I)(aa) at the time of harvest of
land covered by the revolving loan
program; or
``(bb) in accordance with a
repayment schedule determined by the
State; and
``(II) at a rate proportional to
the percentage decrease of carbon
stock.
``(iv) Insurance.--The loan agreement shall
include provisions that provide for private
insurance, or that release the owner from the
financial obligation for any portion of the
timber, forest products, or other biomass
that--
``(I) is lost to insects, disease,
fire, storm, flood, or other
circumstance beyond the control of the
owner; or
``(II) cannot be harvested because
of restrictions on tree harvesting
imposed by the applicable Federal,
State, or local government after the
date of the loan agreement.
``(v) Lien.--The loan agreement shall--
``(I) impose a lien on all timber,
forest products, and biomass produced
on land covered by the loan agreement;
and
``(II) provide an assurance that
the terms of the lien shall transfer
with the land on sale, lease, or
transfer of the land.
``(vi) Buyout option.--The loan agreement
shall include a buyout option that specifies
the financial terms under which the owner may
terminate the agreement--
``(I) before harvesting timber from
the stand established with loan funds;
and
``(II) by repaying the loan with
interest.
``(vii) Attribution.--The loan agreement
shall provide that, until the loan is paid in
full by the participating owner or otherwise
terminated in accordance with this section, all
reductions in atmospheric greenhouse gases
achieved as the result of the loan shall be
attributed to any non-Federal entities that
provide funding for the loan (including the
State or any other person or nongovernmental
organization that provides funding to the State
for the issuance of the loan).
``(viii) Monitoring and verification.--The
loan agreement shall include provisions for the
monitoring and verification of carbon storage.
``(D) Permanent conservation easement.--
``(i) In general.--A borrower may donate to
the State or to another appropriate entity a
permanent conservation easement that--
``(I) furthers the objectives of
this section, including managing the
land in a manner that maximizes the
forest carbon reservoir of the land;
and
``(II) permanently protects the
covered private forest land and
resources at a level above that
required under applicable Federal,
State, and local law.
``(ii) Terms.--A permanent conservation
easement under clause (i) may permit the
continuation of forest management actions
that--
``(I) increase carbon storage on
the land and forest; or
``(II) furthers the objectives of
this section.
``(iii) Effect on loan agreement.--
``(I) Required cancellation.--If
the borrower donates to the State a
permanent conservation easement under
clause (i), the State shall cancel--
``(aa) the loan agreement
under subparagraph (C); and
``(bb) any liens on the
timber, forest products, and
biomass under subparagraph
(C)(v).
``(II) Permissible cancellation.--
If the borrower donates to another
appropriate entity a permanent
conservation easement under clause (i),
the State may cancel--
``(aa) the loan agreement
under subparagraph (C); and
``(bb) any liens on the
timber, forest products, and
biomass under subparagraph
(C)(v).
``(E) Reinvestment of funds.--Any funds collected
under a loan issued under this section (including loan
repayments, loan buyouts, and any interest payments)
shall be--
``(i) reinvested by the State in the
revolving loan program; and
``(ii) used by the State to make additional
loans under the revolving loan program.
``(F) Records.--The State Forester of a State
shall--
``(i) maintain all records related to any
loan agreement funded by a revolving loan fund
of the State; and
``(ii) make the records available to the
public.
``(G) Matching funds.--
``(i) In general.--Beginning the second
year in which a State participates in the
revolving loan program, and each year
thereafter, to be eligible to receive Federal
funds under this subsection a State shall
provide matching non-Federal funds equal to at
least 25 percent of the Federal funds made
available to the State for the revolving loan
program.
``(ii) Administration.--The State shall--
``(I) provide matching funds in the
form of cash, in-kind administrative
services, or technical assistance; and
``(II) establish procedures to
ensure accountability for the use of
Federal funds.
``(H) Loan funding distribution.--
``(i) Formula.--Not later than 180 days
after the date of enactment of this section,
the Secretary, in consultation with State
Foresters, shall--
``(I) establish a formula under
which Federal funds shall be
distributed under this section among
eligible States; and
``(II) submit to Congress a report
on the formula (including the
methodology used to establish the
formula).
``(ii) Basis.--The formula shall--
``(I) be based on maximizing the
potential for meeting the objectives of
this section;
``(II) consider--
``(aa) the acreage of un-
stocked or under-producing
private forest land in each
State;
``(bb) the potential
productivity of the land;
``(cc) the potential long-
term carbon storage of the
land;
``(dd) the potential to
achieve other environmental
benefits;
``(ee) the number of owners
eligible for loans under this
section in each State; and
``(ff) the need for
reforestation, timber stand
improvement, or other forestry
investments consistent with the
objectives of this section; and
``(III) provide a priority to
States that have experienced or are
expected to experience significant
declines in employment levels in the
forestry industry because of declining
timber harvests on Federal land.
``(I) Private funding.--A revolving loan fund may
accept and distribute as loans any funds provided by
nongovernmental organizations or persons to carry out
this section.
``(J) Bonneville power administration.--
``(i) In general.--The States of
Washington, Oregon, Idaho, and Montana may
apply for funding from the Bonneville Power
Administration for purposes of funding loans
that meet--
``(I) the objectives of this
section; and
``(II) the fish and wildlife
objectives of the Bonneville Power
Administration under the Pacific
Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839 et
seq.).
``(ii) Application of requirements under
other law.--An application under clause (i)
shall be subject to all rules and procedures
established by the--
``(I) Pacific Northwest Electric
Power and Conservation Planning
Council; and
``(II) the Bonneville Power
Administration under the Pacific
Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839 et
seq.).
``(3) Eligible forestry carbon activities.--
``(A) In general.--An owner may use a loan or other
funds provided under this section to carry out eligible
forestry carbon activities (as determined by the
Secretary) that--
``(i)(I) help restore under-producing or
understocked forest land;
``(II) provide for protection of forests
from nonforest use; or
``(III) allow a variety of sustainable
management alternatives; and
``(ii) have no net negative impact on
watersheds and fish and wildlife habitats.
``(B) Assistance.--The Secretary, in collaboration
with State Foresters, shall provide guidance on
eligible forestry carbon activities under this
subsection.
``(C) Application of other laws.--Funding shall not
be provided under this section for activities required
under other applicable Federal, State, or local laws.
``(D) Pre-agreement activities.--Funding shall not
be provided for costs incurred before entering into a
cooperative agreement or loan agreement under this
section.
``(E) Limitation on land considered for funding.--
No owner shall enter into a loan agreement under this
section to fund reforestation of land harvested after
the date of enactment of this section if the owner
received revenues from the harvest that are sufficient
to reforest the land.
``(F) Eligible tree species.--
``(i) Invasive species.--Selection of tree
species for loan projects under this paragraph
shall be consistent with Executive Order No.
13112 (42 U.S.C. 4321 note).
``(ii) Program funding.--Funding for
reforestation activities under this section may
be provided for--
``(I) tree species native to a
region;
``(II) tree species that formerly
occupied the site; or
``(III) nonnative tree species or
hybrids that are noninvasive.
``(G) Forest-management plan.--Priority shall be
provided under this section to projects on land under a
forestry management plan or forest stewardship plan
that is consistent with the objectives of the carbon
storage program.
``(H) Use of funds.--
``(i) Permitted uses.--Funds under this
section may be used to--
``(I) pay the cost of purchasing
and planting tree seedlings; and
``(II) pay other costs associated
with the planted trees, including the
cost of--
``(aa) planning;
``(bb) site preparation;
``(cc) forest management;
``(dd) monitoring;
``(ee) measurement and
verification; and
``(ff) consultant and
contractor fees.
``(ii) Prohibited uses.--Funds under this
section shall not be used to--
``(I) pay for the labor of the
owner; or
``(II) purchase capital items or
expendable items, such as vehicles,
tools, and other equipment.
``(I) Amount of financial assistance.--The amount
of financial assistance provided to an owner under this
section shall not exceed--
``(i) 100 percent of total project costs of
the owner, including funds received from any
other source; or
``(ii) $100,000 during any 2-year period.
``(J) Federal funding.--During fiscal years 2001
through 2010, civil penalties collected under section
113 of the Clean Air Act (42 U.S.C. 7413) and under
section 309(d) of the Federal Water Pollution Control
Act (33 U.S.C. 1319(d)) shall be available, without
further act of appropriation, to fund cooperative
agreements and revolving loan funds authorized under
this section.
``(4) Allocation of funds.--The Secretary shall allocate--
``(A) not less than 15 percent of available funds
for cooperative agreements described in paragraph (1);
and
``(B) after determining that States have
implemented a system to administer loans made under
paragraph (2) in accordance with this section, 85
percent of available funds for State revolving loan
programs.''.
TITLE III--CARBON SEQUESTRATION PROGRAM
SEC. 301. ESTABLISHMENT.
Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3830 et seq.) is amended by inserting after chapter 1 the following:
``CHAPTER 2--CARBON SEQUESTRATION PROGRAM
``SEC. 1238. CARBON SEQUESTRATION PROGRAM.
``(a) In General.--Effective beginning with the 2002 calendar year,
the Secretary, acting through the Chief of the Natural Resources
Conservation Service, shall establish a carbon sequestration program to
permit owners and operators of land located in the United States to
enroll the land in the program to increase the sequestration of carbon.
``(b) Eligible Land.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may include in the program established under this
chapter any land, as determined by the Secretary.
``(2) Conservation reserve land and wetlands reserve
land.--The Secretary may include in the carbon sequestration
program land that is enrolled in the conservation reserve
program or the wetlands reserve program established under
subchapters B and C, respectively, of chapter 1, if the owner
or operator of the land has not received any payments under the
program for the implementation of carbon sequestration measures
on the land.
``(c) Maximum Enrollment.--The Secretary may maintain up to
20,000,000 acres of land in the United States in the carbon
sequestration program at any 1 time during a calendar year.
``(d) Duration of Contract.--
``(1) In general.--For the purpose of carrying out this
chapter, the Secretary shall enter into contracts of not less
than 10 years.
``(2) Certain land.--In the case of land devoted to
hardwood trees, shelterbelts, windbreaks, or wildlife corridors
under a contract entered into under this chapter, the owner or
operator of the land may, within the limitations prescribed
under this section, specify the duration of the contract.
``SEC. 1238A. CARBON SEQUESTRATION PRACTICES.
``(a) Criteria for Evaluating Carbon Sequestration Practices.--
``(1) In general.--The Carbon Advisory Council established
under section 1610(b) of the Energy Policy Act of 1992 shall
develop, and propose to the Secretary, criteria for determining
the acceptability of, and evaluating, practices by owners and operators
that will increase the sequestration of carbon for the purposes of
determining the acceptability of contract offers made by the owners and
operators.
``(2) Content.--The criteria shall address--
``(A) forest preservation and restoration and
afforestation;
``(B) biodiversity enhancement;
``(C) the use of acreage to produce high-storage
crops;
``(D) soil erosion management;
``(E) soil fertility restoration;
``(F) wetland restoration;
``(G) no-till farming practices;
``(H) conservation buffers;
``(I) improved cropping systems with winter cover
crops; and
``(J) any other conservation practices that the
Secretary determines to be appropriate for increasing
carbon sequestration.
``(3) Regulations.--The Secretary, acting through the Chief
of the Natural Resources Conservation Service and the Chief of
the Forest Service, by regulation, shall establish criteria
described in paragraphs (1) and (2).
``(b) Acceptability of Carbon Sequestration Practices.--
``(1) In general.--As part of a contract offer accepted
under this chapter, the owner or operator shall agree to carry
out on land enrolled in the program established under this
chapter carbon sequestration practices proposed by the owner or
operator that (as determined by the Secretary)--
``(A) provide for additional sequestration beyond
that which would be provided in the absence of
enrollment of the land in the program; and
``(B) contribute to a positive reduction of
greenhouse gases in the atmosphere through
sequestration over at least a 10-year period.
``(2) Maximum sequestration benefits.--In determining the
acceptability of contract offers, the Secretary shall take into
consideration the extent to which enrollment of the land that
is the subject of the contract offer would provide the maximum
sequestration benefits under the criteria developed under
subsection (a).
``(c) Compliance With Carbon Sequestration Contracts.--
``(1) In general.--As part of a contract offer accepted
under this chapter, an owner or operator of land shall permit
the Secretary to verify that the owner or operator is
implementing practices that sequester carbon in accordance with
the contract, including an actual verification of the practices
at least once every 5 years and such random inspections as are
necessary.
``(2) Fraud or false statements.--Section 1001 of title 18,
United States Code, shall apply to a statement, representation,
writing, or document provided by an owner or operator under
this subsection.
``(3) Confidentiality.--Information provided by an owner or
operator under this subsection shall be considered to be
confidential information for the purposes of section 552(b)(4)
of title 5, United States Code.
``(d) Monitoring.--The Secretary, in consultation with the
Administrator of the Energy Information Administration, shall develop
forms to monitor sequestration improvements made as a result of the
program established under this chapter and distribute the forms to
owners and operators of land enrolled in the program.
``(e) Educational Outreach.--In consultation with the Consortium
for Agricultural Soils Mitigation of Greenhouse Gases, the Secretary,
acting through the Extension Service, shall conduct an educational
outreach program to collect and disseminate to owners and operators of
land research-based information on agricultural practices that will
increase the sequestration of carbon, while preserving the social and
economic well-being of the owners and operators.
``SEC. 1238B. DUTIES OF OWNERS AND OPERATORS.
``(a) In General.--Under the terms of a contract entered into under
this chapter, during the term of the contract, an owner or operator of
a farm or ranch shall agree--
``(1) to implement a plan approved by the Secretary for
carrying out on land subject to the contract practices that
will increase the sequestration of carbon, substantially in
accordance with a schedule, covering a period of not less than
10 years, that is outlined in the plan;
``(2) to place land subject to the contract in the carbon
sequestration program established under this chapter;
``(3) in addition to the remedies provided under section
1238F(d), on the violation of a term or condition of the
contract at any time at which the owner or operator has control
of the land--
``(A) to forfeit all rights to receive rental
payments and cost-sharing payments under the contract
and to refund to the Secretary any rental payments and cost-sharing
payments received by the owner or operator under the contract, and
interest on the payments as determined by the Secretary, if the
Secretary determines that the violation is of such nature as to warrant
termination of the contract; or
``(B) to refund to the Secretary, or accept
adjustments to, the rental payments and cost-sharing
payments provided to the owner or operator, as the
Secretary considers appropriate, if the Secretary
determines that the violation does not warrant
termination of the contract;
``(4) on the transfer of the right and interest of the
owner or operator in land subject to the contract--
``(A)(i) to forfeit all rights to rental payments
and cost-sharing payments under the contract; and
``(ii) to refund to the United States all rental
payments and cost-sharing payments received by the
owner or operator, or accept such payment adjustments
or make such refunds as the Secretary considers
appropriate and consistent with the objectives of this
chapter; unless
``(B)(i) the transferee of the land agrees with the
Secretary to assume all obligations of the contract;
``(ii) the land is purchased by or for the United
States Fish and Wildlife Service; or
``(iii) the transferee and the Secretary agree to
modifications to the contract that are consistent with
the objectives of the program, as determined by the
Secretary;
``(5) not to adopt any practice specified by the Secretary
in the contract as a practice that would tend to defeat the
purposes of this chapter; and
``(6) to comply with such additional provisions as the
Secretary determines are desirable and are included in the
contract to carry out this chapter or to facilitate the
practical administration of this chapter.
``(b) Plan.--The plan referred to in subsection (a)(1)--
``(1) shall specify the carbon sequestration practices to
be carried out by the owner or operator during the term of the
contract; and
``(2) may provide for the permanent retirement of any
existing cropland base and allotment history for the land.
``(c) Foreclosure.--
``(1) In general.--Notwithstanding any other provision of
law, an owner or operator that is a party to a contract entered
into under this chapter may not be required to make repayments
to the Secretary of amounts received under the contract if--
``(A) the land that is subject to the contract has
been foreclosed on; and
``(B) the Secretary determines that forgiving the
repayments is appropriate in order to provide fair and
equitable treatment.
``(2) Resumption of control.--
``(A) In general.--This subsection shall not void
the responsibilities of such an owner or operator under
the contract if the owner or operator resumes control
over the land that is subject to the contract within
the period specified in the contract.
``(B) Contract applicability.--On the resumption of
the control over the land by the owner or operator, the
provisions of the contract in effect on the date of the
foreclosure shall apply.
``SEC. 1238C. DUTIES OF THE SECRETARY.
``In return for a contract entered into by an owner or operator
under section 1238B, the Secretary shall--
``(1) share the cost of carrying out on the land carbon
sequestration practices specified in the contract for which the
Secretary determines that cost sharing is appropriate and in
the public interest;
``(2) for a period of years not in excess of the term of
the contract, pay an annual rental payment in an amount
necessary to compensate for--
``(A) the use of carbon sequestration practices on
the land; and
``(B) the retirement of any cropland base and
allotment history that the owner or operator agrees to
retire permanently; and
``(3) provide conservation technical assistance to assist
the owner or operator in carrying out the contract.
``SEC. 1238D. PAYMENTS.
``(a) Time of Payment.--The Secretary shall provide payment for
obligations incurred by the Secretary under a contract entered into
under this chapter--
``(1) with respect to any cost-sharing payment obligation
incurred by the Secretary, as soon as practicable after the
obligation is incurred; and
``(2) with respect to any annual rental payment obligation
incurred by the Secretary--
``(A) as soon as practicable after October 1 of
each calendar year; or
``(B) at the option of the Secretary, at any time
before that date during the year in which the
obligation is incurred.
``(b) Cost-Sharing Payments.--
``(1) In general.--In making cost-sharing payments to an
owner or operator under a contract entered into under this
chapter, the Secretary shall pay not more than 50 percent of
the cost of carrying out carbon sequestration practices
required under the contract for which the Secretary determines
that cost-sharing is appropriate and in the public interest.
``(2) Maximum amount.--The Secretary shall not make any
payment under this chapter to the extent that the total amount
of cost-sharing payments provided to an owner or operator for
carbon sequestration practices from all sources would exceed
100 percent of the total cost of carrying out the practices.
``(3) Other federal assistance.--An owner or operator shall
not be eligible to receive or retain cost-share assistance for
land under this subsection if the owner or operator receives
any other Federal cost-share assistance under this subsection
with respect to the land under any other provision of law.
``(c) Rental Payments.--
``(1) In general.--In determining the amount of annual
rental payments to be paid to owners and operators for carrying
out carbon sequestration practices, the Secretary may consider,
among other factors, the amount necessary to encourage owners
or operators of land to participate in the program established
by this chapter.
``(2) Bids or other means.--The amounts payable to owners
or operators in the form of rental payments under contracts
entered into under this chapter may be determined through--
``(A) the submission of bids for such contracts by
owners and operators in such manner as the Secretary
may prescribe; or
``(B) such other means as the Secretary determines
are appropriate.
``(3) Factors.--In determining the acceptability of
contract offers, the Secretary--
``(A) shall take into consideration the extent to
which enrollment of the land that is the subject of the
contract offer would increase the sequestration of
carbon in accordance with section 1238A;
``(B) may take into consideration the extent to
which enrollment of the land that is the subject of the
contract offer would improve soil resources, water
quality, or wildlife habitat, or provide other
environmental benefits; and
``(C) may establish different criteria in various
States and regions of the United States based on the
extent to which the sequestration of carbon, water
quality, or wildlife habitat may be improved or erosion
may be abated.
``(d) Form of Payment.--
``(1) In general.--Except as otherwise provided in this
section, payments under this chapter--
``(A) shall be made in cash or in the form of in-
kind commodities in such amount and on such time
schedule as is agreed on by the owner or operator and
specified in the contract; and
``(B) may be made in advance of determination of
performance.
``(2) In-kind commodities.--If the payment is made with in-
kind commodities, the payment shall be made by the Commodity
Credit Corporation--
``(A) by delivery of the commodity involved to the
owner or operator at a warehouse or other similar
facility located in the county in which the land
subject to the contract is located or at such other
location as is agreed to by the Secretary and the owner
or operator;
``(B) by the transfer of negotiable warehouse
receipts; or
``(C) by such other method, including the sale of
the commodity in commercial markets, as is determined
by the Secretary to be appropriate to enable the owner
or operator to receive efficient and expeditious
possession of the commodity.
``(3) Substitution in cash.--If stocks of a commodity
acquired by the Commodity Credit Corporation are not readily
available to make full payment in kind to the owner or
operator, the Secretary may substitute full or partial payment
in cash for payment in kind.
``(4) State carbon sequestration program.--Payments to an
owner or operator under a special carbon sequestration program
described in subsection (f)(4) shall be in the form of cash
only.
``(e) Payment to Others.--If an owner or operator that is entitled
to a payment under a contract entered into under this chapter dies,
becomes incompetent, is otherwise unable to receive a payment under
this chapter, or is succeeded by another person that renders or
completes the required performance, the Secretary shall make the
payment, in accordance with regulations promulgated by the Secretary
and without regard to any other provision of law, in such manner as the
Secretary determines is fair and reasonable in light of all the
circumstances.
``(f) Payment Limitations.--
``(1) Total amount.--The total amount of rental payments,
including rental payments made in the form of in-kind
commodities, made to a person under this chapter for any fiscal
year may not exceed $50,000.
``(2) Amount per acre.--The amount of rental payments made
to a person under this chapter for any fiscal year may not
exceed $20 per acre.
``(3) Regulations.--
``(A) In general.--The Secretary shall issue
regulations--
``(i) defining the term `person' as used in
this subsection; and
``(ii) prescribing such rules as the
Secretary determines are necessary to ensure a
fair and reasonable application of the
limitation contained in this subsection.
``(B) Corporations.--The regulations issued by the
Secretary on December 18, 1970, under section 101 of
the Agricultural Act of 1970 (7 U.S.C. 1307) shall be
used to determine whether corporations and their
stockholders may be considered to be separate persons
under this subsection.
``(4) Other payments.--Rental payments received by an owner
or operator shall be in addition to, and shall not affect, the
total amount of payments that the owner or operator is
otherwise eligible to receive under--
``(A) the Federal Agriculture Improvement and
Reform Act of 1996 (Public Law 104-127), including the
Agricultural Market Transition Act (7 U.S.C. 7201 et
seq.);
``(B) the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624); or
``(C) the Agricultural Act of 1949 (7 U.S.C. 1421
et seq.).
``(5) State carbon sequestration program.--
``(A) In general.--This subsection and section
1305(f) of the Agricultural Reconciliation Act of 1987
(7 U.S.C. 1308 note; Public Law 100-203) shall not be
applicable to payments received by a State, political
subdivision, or agency of a State or political
subdivision in connection with agreements entered into
under a special carbon sequestration program carried
out by that entity that has been approved by the
Secretary.
``(B) Payments to states and political
subdivisions.--The Secretary may enter into such
agreements for payments to States, political
subdivisions, or agencies of States or political
subdivisions as the Secretary determines will advance
the purposes of this chapter.
``(g) Exemption From Automatic Sequester.--Notwithstanding any
other provision of law, no order issued for any fiscal year under
section 252 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 902) shall affect any payment under this chapter.
``(h) Other Assistance.--In addition to any payment under this
chapter, an owner or operator may receive cost-share assistance, rental
payments, or tax benefits from a State or political subdivision of a
State for enrolling land in the carbon sequestration program.
``(i) Treatment of Payments.--Payments received by an owner or
operator under this chapter shall be considered rentals from real
estate for the purposes of section 1402(a)(1) of the Internal Revenue
Code of 1986.
``SEC. 1238E. CHANGES IN OWNERSHIP; MODIFICATION OR TERMINATION OF
CONTRACTS.
``(a) Changes in Ownership.--
``(1) In general.--Subject to paragraphs (2) and (3), no
contract shall be entered into under this chapter concerning
land with respect to which the ownership has changed in the 1-
year period preceding the first year of the contract period
unless--
``(A) the new ownership was acquired by will or
succession as a result of the death of the previous
owner;
``(B) the new ownership was acquired before April
1, 2001;
``(C) the Secretary determines that the land was
acquired under circumstances that give adequate
assurances that the land was not acquired for the
purpose of enrolling the land in the carbon
sequestration program; or
``(D) the ownership change occurred because of
foreclosure on the land and the owner of the land
immediately before the foreclosure exercises a right of
redemption from the mortgage holder in accordance with
State law.
``(2) Limitations.--Paragraph (1) shall not--
``(A) prohibit the continuation of an agreement by
a new owner after an agreement has been entered into
under this chapter; or
``(B) require a person to own the land as a
condition of eligibility for entering into the contract
if the person--
``(i) has operated the land to be covered
by a contract under this section for at least 1
year preceding the later of--
``(I) the date of the contract; or
``(II) April 1, 2001; and
``(ii) controls the land for the contract
period.
``(3) Options for new owner or operator.--If, during the
term of a contract entered into under this chapter, an owner or
operator of land subject to the contract sells or otherwise
transfers the ownership or right of occupancy of the land, the
new owner or operator of the land may--
``(A) continue the contract under the same terms or
conditions;
``(B) enter into a new contract in accordance with
this chapter; or
``(C) elect not to participate in the program
established by this chapter.
``(b) Modification of Contracts.--The Secretary may modify a
contract entered into with an owner or operator under this chapter if--
``(1) the owner or operator agrees to the modification; and
``(2) the Secretary determines that the modification is
desirable--
``(A) to carry out this chapter;
``(B) to facilitate the practical administration of
this chapter; or
``(C) to achieve such other goals as the Secretary
determines are appropriate, consistent with this
chapter.
``(c) Termination of Contracts.--
``(1) In general.--The Secretary may terminate a contract
entered into with an owner or operator under this chapter if--
``(A) the owner or operator agrees to the
termination; and
``(B) the Secretary determines that the termination
would be in the public interest.
``(2) Congressional notice.--Not later than 90 days before
taking any action to terminate under paragraph (1) a contract
entered into under this chapter, the Secretary shall provide to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate written notice of the action.
``SEC. 1238F. BASE HISTORY.
``(a) In General.--A reduction, based on a ratio between the total
cropland acreage on the farm and the acreage placed in the carbon
sequestration program authorized by this chapter, as determined by the
Secretary, shall be made during the period of the contract, in the
aggregate, in crop bases, quotas, and allotments on the farm with
respect to crops for which there is a production adjustment program.
``(b) Preservation of Base and Allotment History.--Notwithstanding
sections 1211 and 1221, the Secretary, by regulation, may provide for
preservation of cropland base and allotment history applicable to
acreage on which carbon sequestration practices are carried out under
this section, for the purpose of any Federal program under which the
history is used as a basis for participation in the program or for an
allotment or other limitation in the program, unless the owner and
operator agree under the contract to retire permanently that cropland
base and allotment history.
``(c) Extension of Base and Allotment History.--
``(1) In general.--The Secretary shall offer the owner or
operator of a farm or ranch an opportunity to extend the
preservation of cropland base and allotment history under
subsection (b) for such time as the Secretary determines is
appropriate after the expiration date of a contract under this
chapter at the request of the owner or operator.
``(2) Conditions.--In return for the extension, the owner
or operator shall agree to continue to abide by the terms and
conditions of the original contract, except that the owner or operator
shall receive no additional cost share, annual rental, or bonus
payment.
``(d) Violation of Contracts.--In addition to any other remedy
prescribed by law, the Secretary may reduce or terminate the quantity
of cropland base and allotment history preserved under this section for
acreage with respect to which there has occurred a violation of a term
or condition of a contract entered into under this chapter.
``SEC. 1238G. CARBON MONITORING PILOT PROGRAMS.
``(a) Establishment.--
``(1) In general.--The Secretary, in cooperation with the
Consortium for Agricultural Soils Mitigation of Greenhouse
Gases, shall carry out 4 or more pilot programs to develop,
demonstrate, and verify the best management practices for
carbon monitoring on agricultural land.
``(2) Criteria.--The Secretary shall select pilot programs
based on--
``(A) the merit of the proposed program; and
``(B) the diversity of soil sequestration types
available at the site of the proposed program.
``(b) Requirements.--Pilot programs carried out under this section
shall--
``(1) involve agricultural producers in the development and
verification of best management practices for carbon monitoring
on agricultural land;
``(2) involve research and testing of the best management
practices in various soil types and climactic zones;
``(3) analyze the effects of the adoption of the best
management practices on watershed levels; and
``(4) use the results of the research conducted under the
program to--
``(A) encourage agricultural producers to adopt the
best management practices;
``(B) analyze the economic impact of the best
management practices; and
``(C) develop the best management practices on a
regional basis for watersheds and States not
participating in the pilot programs.
``SEC. 1238H. FUNDING.
``The Secretary shall use to carry out this chapter (including to
pay administrative costs incurred by the Natural Resources Conservation
Service in carrying out this chapter)--
``(1) funds of the Commodity Credit Corporation made
available under section 1241(a)(3); and
``(2) at the option of, and transfer by, another Federal
agency, funds of the agency that are available to the agency
for climate change initiatives or greenhouse gas emission
reductions.''.
SEC. 302. FUNDING.
Section 1241(a)(3) of the Food Security Act of 1985 (16 U.S.C.
3841(a)(3)) is amended by striking ``chapter 4'' and inserting
``chapters 2 and 4''.
SEC. 303. REGULATIONS.
(a) Proposed Regulations.--Not later than 180 days after the date
of enactment of this title, the Secretary of Agriculture shall publish
in the Federal Register proposed regulations for carrying out this
title and the amendments made by this title.
(b) Final Regulations.--Not later than 60 days after the date of
publication of the proposed regulations, the Secretary shall promulgate
final regulations for carrying out this title and the amendments made
by this title.
SEC. 304. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title take effect on January 1, 2002.
(b) Regulations.--Section 203 takes effect on the date of enactment
of this title.
TITLE IV--REPORTS
SEC. 401. INITIAL REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy, in consultation with the
Secretary of Agriculture and other appropriate Federal agencies, shall
submit to Congress a report on--
(1) the quantity of carbon contained in the forest carbon
reservoir of the National Forest System and the methodology and
assumptions used to determine that quantity;
(2) the potential to increase the quantity of carbon in the
National Forest System and provide positive impacts on
watersheds and fish and wildlife habitats through forest
management actions;
(3) the role of forests in the carbon cycle; and
(4) the contributions of United States forestry to the
global carbon budget.
(b) Contents.--The report shall include an assessment of the impact
of forest management actions on timber harvests, wildlife habitat,
recreation, forest health, and other statutory objectives of National
Forest System management.
SEC. 402. ANNUAL REPORT.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, and the Secretary of Energy shall jointly
submit an annual report on the results of the carbon storage program
under section 2404(b) of the Global Climate Change Prevention Act of
1990 and carbon sequestration program under section 1238 of the Food
Security Act of 1985 to--
(1) the Committee on Agriculture of the House of
Representatives;
(2) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(3) the Committee on Resources of the House of
Representatives; and
(4) the Committee on Energy and Natural Resources of the
Senate.
(b) Guidelines.--The Secretary of Agriculture, in consultation with
the Carbon Advisory Council established under section 1610(b) of the
Energy Policy Act of 1992, shall develop guidelines for the annual
report that--
(1) require a statement of the quantity of carbon storage
realized;
(2) include the data used to monitor and verify the carbon
storage;
(3) are consistent with reporting requirements of the
Energy Information Administration; and
(4) prevent soil carbon and forest carbon management
actions from being counted twice.
(c) Contents.--The report shall include--
(1) the information required by the guidelines developed
under section 1610(h) of the Energy Policy Act of 1992;
(2) an assessment of the effectiveness of carbon monitoring
and verification;
(3) a report on carbon activities associated with
cooperative agreements for the forest carbon program under
section 2404(b)(1) of the Global Climate Change Prevention Act
of 1990;
(4) a State forest carbon program compliance report
established by--
(A) reviewing reports submitted by States under
section 403;
(B) verifying compliance with the guidelines
developed under subsection 1610(h) of the Energy Policy
Act of 1992;
(C) notifying the State of compliance status;
(D) notifying the State of any corrections that are
needed to attain compliance; and
(E) establishing an opportunity for resubmission by
the State; and
(5) an assessment of the effectiveness of the carbon
sequestration program established under section 1238 of the
Food Security Act of 1985, including a report on--
(A) sequestration improvements made as a result of
the carbon sequestration program;
(B) sequestration practices on land enrolled in the
carbon sequestration program; and
(C) compliance with contracts entered into under
the carbon sequestration program.
SEC. 403. STATE REPORT.
Entities participating in cooperative agreements for forest carbon
programs under section 2404(b)(1) of the Global Climate Change
Prevention Act of 1990, and States receiving assistance to establish a
revolving loan fund under section 2404(b)(2) of that Act, shall--
(1) monitor and verify carbon storage achieved under the
forest carbon program in accordance with guidelines developed
under section 1610(h)(2) of the Energy Policy Act of 1992; and
(2) submit an annual report on the results of the carbon
storage program to--
(A) the Secretary of Agriculture; and
(B) any nongovernmental organization or person that
provides funding for the carbon storage program.
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