[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3748 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3748
To establish loan guarantee programs to develop biochar technology
using excess plant biomass, to establish biochar demonstration projects
on public land, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 7, 2009
Ms. Berkley (for herself and Ms. Titus) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture and Science and Technology,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To establish loan guarantee programs to develop biochar technology
using excess plant biomass, to establish biochar demonstration projects
on public 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 ``Water Efficiency via Carbon
Harvesting and Restoration (WECHAR) Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) numerous expert reports have brought attention to the
negative impacts caused by invasive weed species, including the
consumption of water in areas with diminishing supplies;
(2) salt cedar, or Tamarix species, a noxious and invasive
plant commonly found on public land can consume 200 gallons of
water per plant each day;
(3) salt cedar now covers as much as 1,000,000 acres of
floodplains, riparian acres, wetland, and lake margins in the
Western United States;
(4) minimizing the impact of and eradicating invasive
species that wrest water from delicate watersheds is in the
best interest of the United States;
(5) as drought conditions worsen and legal requirements
relating to water supply accelerate water shortages, innovative
approaches are needed to address the increasing demand for
water;
(6) pine bark beetle has killed thousands of acres of
standing forests in the Western United States, creating a
hazardous buildup of dead tree biomass that is a serious fire
threat to those and surrounding areas;
(7) biochar technology would result in a more cost-
effective, environmentally beneficial, and successful approach
to combating invasive weeds and removing excess biomass and
plant waste from public land;
(8) invasive weeds and excess biomass on public land can
serve as feedstock for biochar and alternative fuel production;
(9) it is in the best interest of the United States to
conduct a comprehensive and thorough research, development, and
demonstration program on biochar and related bioenergy so as to
better understand how to use excess biomass available on public
land; and
(10) biochar production and use systems have been shown to
have many ancillary beneficial environmental impacts.
(b) Purposes.--The purposes of this Act are--
(1) to restore the natural hydrology of Western landscapes
by removing water-intensive invasive plant species;
(2) to reduce dangerous forest and rangeland fuel loads;
(3) to develop technologies to convert undesirable invasive
plant species to useful materials;
(4) to develop markets for those materials; and
(5) to provide technologies to land managers to continue
those processes into the future.
SEC. 3. DEFINITIONS.
In this Act:
(1) Biochar.--The term ``biochar'' means charcoal or black
carbon derived from organic matter through pyrolysis.
(2) Bioenergy.--The term ``bioenergy'' means hydrocarbons
derived from organic matter through pyrolysis, including bio-
oil, syngas, or thermal energy.
(3) Excess biomass.--
(A) In general.--The term ``excess biomass'' means
any plant matter targeted for removal from public land
to promote ecosystem health.
(B) Inclusions.--The term ``excess biomass''
includes--
(i) trees or tree waste on public land;
(ii) wood and wood wastes and residues; and
(iii) weedy plants and grasses (including
aquatic, noxious, or invasive plants).
(4) Feedstock.--The term ``feedstock'' means excess biomass
in the form of plant matter or materials that serves as the raw
material for the production of biochar and bioenergy.
(5) Invasive plant species.--The term ``invasive plant
species'' means a species--
(A) that is nonnative to a specified ecosystem; and
(B) the introduction to an ecosystem of which
causes, or may cause, harm to--
(i) the economy;
(ii) the environment;
(iii) water resources; or
(iv) human, animal, or plant health.
(6) Secretary concerned.--The term ``Secretary concerned''
means the Secretary of the Interior or the Secretary of
Agriculture, as appropriate.
SEC. 4. RESOURCE ASSESSMENT.
(a) In General.--The Director of the United States Geological
Survey shall conduct resources assessments that collect and synthesize
interagency and State data to quantify--
(1) invasive plant species and excess biomass in the form
of dangerous fuel loads on public land that can be used for
feedstock;
(2) estimated carbon content in that feedstock;
(3) estimated potential biochar and bioenergy producible
from that feedstock; and
(4) potential water savings resulting from removal of
invasive plant species and excess biomass on public land, by
watershed.
(b) Report.--Not later than 1 year after the date of enactment of
this Act and biennially thereafter, the Director of United States
Geological Survey shall submit to Congress a report that describes the
results of each resource assessment conducted under subsection (a).
SEC. 5. TECHNOLOGY RESEARCH.
(a) Development of Mobile Biochar Production Units.--Not later than
1 year after the date of enactment of this Act and in accordance with
subsection (c), the Secretary of the Interior shall establish a program
to provide guarantees of loans by private institutions--
(1) to develop and optimize commercially and
technologically viable biochar production units that--
(A) are designed to use woody invasive plant
species and excess biomass feedstock such as tamarisk,
pinyon pine, and juniper;
(B) produce net negative carbon emissions relative
to natural decomposition;
(C) are self-contained on a portable platform
suitable for deployment to remote locations and on
unpaved roads; and
(D) can capture biochar and bioenergy produced for
immediate energy needs or transport to market; and
(2) to produce, not later than 2 years after the date of
securing a guaranteed loan under this section for the purposes
described in section 7(a)(2), 4 biochar production units for
deployment to remote landscapes, of which--
(A) 2 shall be dedicated primarily to contract work
with the Bureau of Land Management; and
(B) 2 shall be dedicated primarily to contract work
with the National Park Service.
(b) Development of Fixed Biochar Production Units.--Not later than
1 year after the date of enactment of this Act and in accordance with
subsection (c), the Secretary of Agriculture shall establish a program
to provide guarantees of loans by private institutions--
(1) to develop and optimize commercially and
technologically viable biochar production units that--
(A) while not necessarily self contained, can be
disassembled, moved, and reassembled to be operational
on a new site within 30 days, so as to support fuels
reduction work;
(B) are designed to use excess biomass feedstock,
such as trees killed by bark beetle infestations;
(C) produce net negative carbon emissions relative
to natural decomposition; and
(D) can capture biochar and bioenergy produced for
immediate energy needs or transport to market; and
(2) to produce, not later than 2 years after the date of
securing a guaranteed loan under this section for the purposes
described in section 7(a)(3), 2 biochar production units for
deployment to remote landscapes.
(c) Guaranteed Loan Program.--
(1) In general.--The Secretary concerned may provide loan
guarantees under this section to an applicant if the biochar
production units produced by the applicant will be dedicated
primarily to contract restoration work with the Bureau of Land
Management, National Park Service, or Forest Service, using--
(A) pinyon pine and juniper feedstock in the Great
Basin;
(B) tamarisk feedstock in the Mojave Desert; or
(C) excess biomass feedstock, such as trees killed
by bark beetle infestations in the Intermountain West.
(2) Criteria.--In selecting recipients of loan guarantees
from among applicants, the Secretary concerned shall give
preference to proposals that, as determined by the Secretary
concerned--
(A) meet all applicable Federal and State
permitting requirements;
(B) are most likely to be successful; and
(C) are located in local markets that have the
greatest need for the biochar production units due to--
(i) identified high-priority landscape
restoration needs;
(ii) availability of sufficient quantities
of feedstocks described in subsection (b); or
(iii) a high level of demand for biochar or
other commercial byproducts of the biochar
production units.
(3) Maturity.--A loan guaranteed under this section shall
have a maturity of not more than 20 years.
(4) Terms and conditions.--The loan agreement for a loan
guaranteed under this section shall provide that no provision
of the loan agreement may be amended or waived without the
consent of the Secretary.
(5) Guarantee fee.--The recipient of a loan guarantee under
this section shall pay to the Secretary concerned a guarantee
fee in an amount determined by the Secretary concerned to be
sufficient to cover the administrative costs of the Secretary
concerned relating to the loan guarantee.
(6) Full faith and credit.--
(A) In general.--The full faith and credit of the
United States is pledged to the payment of all
guarantees made by the Secretary concerned under this
section.
(B) Evidence.--Any guarantee made by the Secretary
concerned under this section shall be conclusive
evidence of the eligibility of the loan for the
guarantee with respect to principal and interest.
(C) Validity.--The validity of any guarantee made
by the Secretary concerned under this section shall be
incontestable in the hands of a holder of the
guaranteed loan.
(7) Annual reports.--Until the date on which each
guaranteed loan under this section has been repaid in full,
each year the Secretary concerned shall submit to Congress a
report on the activities of the Secretary concerned under this
section during the preceding year.
SEC. 6. EXISTING TECHNOLOGY.
(a) In General.--The Secretary of the Interior and the Secretary of
Agriculture shall each establish a program to provide guarantees of
loans by private institutions for the construction or acquisition of
facilities for the production of biochar.
(b) Requirement.--The Secretary concerned may provide a loan
guarantee under this section to an applicant if facilities constructed
or acquired by the applicant will be dedicated primarily to contract
restoration work with the Bureau of Land Management, National Park
Service, or Forest Service, using--
(1) pinyon pine and juniper feedstock in the Great Basin;
(2) tamarisk feedstock in the Mojave Desert; or
(3) excess biomass feedstock, such as trees killed by bark
beetle infestations in the Intermountain West.
(c) Criteria.--In selecting recipients of loan guarantees from
among applicants, the Secretary concerned shall give preference to
proposals that, as determined by the Secretary concerned--
(1) meet all applicable Federal and State permitting
requirements;
(2) are most likely to be successful; and
(3) are located in local markets that have the greatest
need for the facility due to--
(A) identified high-priority landscape restoration
needs;
(B) availability of sufficient quantities of
feedstocks described in subsection (b); or
(C) a high level of demand for biochar or other
commercial byproducts of the facility.
(d) Maturity.--A loan guaranteed under this section shall have a
maturity of not more than 20 years.
(e) Terms and Conditions.--The loan agreement for a loan guaranteed
under this section shall provide that no provision of the loan
agreement may be amended or waived without the consent of the Secretary
concerned.
(f) Guarantee Fee.--The recipient of a loan guarantee under this
section shall pay the Secretary concerned a guarantee fee in an amount
determined by the Secretary concerned to be sufficient to cover the
administrative costs of the Secretary concerned relating to the loan
guarantee.
(g) Full Faith and Credit.--
(1) In general.--The full faith and credit of the United
States is pledged to the payment of all guarantees made by the
Secretary concerned under this section.
(2) Evidence.--Any guarantee made by the Secretary
concerned under this section shall be conclusive evidence of
the eligibility of the loan for the guarantee with respect to
principal and interest.
(3) Validity.--The validity of any guarantee made by the
Secretary concerned under this section shall be incontestable
in the hands of a holder of the guaranteed loan.
(h) Annual Reports.--Until the date on which each guaranteed loan
under this section has been repaid in full, each year the Secretary
concerned shall submit to Congress a report on the activities of the
Secretary concerned under this section during the preceding year.
SEC. 7. DEPLOYMENT.
(a) New Technology.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall initiate 3-year programs to
employ the biochar production units provided under section 5 in
pilot applications in various climates and ecosystems of the
United States.
(2) Mobile units.--In the case of biochar production units
developed or optimized under section 5(a)--
(A) the Director of the National Park Service shall
carry out initial programs using invasive tamarisk in
the Mojave Desert as feedstock; and
(B) the Director of the Bureau of Land Management
shall carry out initial programs using excess pinyon
pine and juniper biomass in the Great Basin as
feedstock.
(3) Fixed units.--In the case of biochar production units
developed or optimized under section 5(b), the Chief of the
Forest Service shall carry out the initial program using bark
beetle-killed trees in the Intermountain West.
(b) Existing Technology.--
(1) In general.--Not later than 180 days after enactment of
this Act, the Secretary of the Interior and the Secretary of
Agriculture shall prepare plans for carrying out 3-year
landscape restoration programs in various climates and
ecosystems of the United States to employ facilities
constructed or acquired under section 6.
(2) Requirements.--In carrying out the landscape
restoration programs described in paragraph (1), the Secretary
of the Interior and the Secretary of Agriculture shall carry
out programs using invasive tamarisk in the Mojave Desert,
excess pinyon pine and juniper biomass in the Great Basin, and
bark beetle-killed trees in the Intermountain West.
SEC. 8. APPLICATION AND MARKET RESEARCH.
(a) Attributes.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture shall provide competitive
grants to conduct research and analysis that identifies--
(1) attributes and composition profiles of biochar produced
from different feedstocks for use as soil amendments; and
(2) attributes and composition profiles of bioenergy
produced from different feedstocks for use as fuel for
transportation, heating, or other uses identified in subsection
(b)(1).
(b) Market Development.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture, acting through the
Director of the National Institute of Food and Agriculture, the
Administrator of the Agricultural Research Service, and the
Administrator of the Agricultural Marketing Service shall provide
competitive grants to conduct research and analysis that--
(1) identifies potential uses and markets for biochar and
bioenergy; and
(2) in the case of economic and life-cycle issues,
analyzes--
(A) the full production costs versus the economic
benefits of biochar production systems;
(B) the impact of the production and use of
biochar, including the performance of biochar in carbon
sequestration programs; and
(C) the availability of feedstocks and the
efficiency of using those feedstock for biochar
production as compared to other biofuel-production
systems.
(c) Environmental Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture shall provide
competitive grants to conduct research and analysis relating to--
(1) the environmental benefits of biochar production and
use, including--
(A) the water savings resulting from reducing
populations of invasive or noxious plant species;
(B) the potential of biochar production systems--
(i) to reduce fertilizer use, nutrient
leaching, and run-off; and
(ii) to reduce water pollution from feedlot
runoff by capturing ammonia; and
(C) the reduction in greenhouse gas emissions
resulting from the production and use of related
bioenergy; and
(2) the potential environmental impacts of biochar and
bioenergy use, including--
(A) the potential toxicity and other adverse
ecosystem effects resulting from biochar production or
use of different biochars, as identified under
subsection (a)(1);
(B) the characterization of combustion products of
bioenergy, as identified under subsection (a)(2), and
the effects of those combustion products on air and
water quality; and
(C) impacts on human health and safety.
(d) Development of Biochar in Landscape Restoration.--Not later
than 1 year after the date of enactment of this Act, the Secretary of
Agriculture, acting through the Director of the National Institute of
Food and Agriculture and the Administrator of the Agricultural Research
Service, shall provide competitive grants to research and analyze--
(1) the potential uses of biochar in landscape restoration
in different ecosystems and soil types;
(2) the relative benefits and potential adverse effects of
use of different biochars, as identified under subsection
(a)(1) in different western ecosystems and soil types; and
(3) the safety and efficacy of different methods of
application.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out sections 4
through 8, including for the cost of grants and loan guarantees under
those sections, such sums as are necessary for each of fiscal years
2010 through 2016.
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