[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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