[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1251 Engrossed in Senate (ES)]

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117th CONGRESS
  1st Session
                                S. 1251

_______________________________________________________________________

                                 AN ACT


 
   To authorize the Secretary of Agriculture to develop a program to 
  reduce barriers to entry for farmers, ranchers, and private forest 
    landowners in certain voluntary markets, 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 ``Growing Climate Solutions Act of 
2021''.

SEC. 2. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND THIRD-PARTY 
              VERIFIER CERTIFICATION PROGRAM.

    (a) Purposes.--The purposes of this section are--
            (1) to facilitate the participation of farmers, ranchers, 
        and private forest landowners in voluntary environmental credit 
        markets, including through the Program;
            (2) to facilitate the provision of technical assistance 
        through covered entities to farmers, ranchers, and private 
        forest landowners in overcoming barriers to entry into 
        voluntary environmental credit markets;
            (3) to assist covered entities in certifying under the 
        Program; and
            (4) to establish the Advisory Council to advise the 
        Secretary regarding the Program and other related matters.
    (b) Definitions.--In this section:
            (1) Advisory council.--The term ``Advisory Council'' means 
        the Greenhouse Gas Technical Assistance Provider and Third-
        Party Verifier Certification Program Advisory Council 
        established under subsection (g)(1).
            (2) Agriculture or forestry credit.--The term ``agriculture 
        or forestry credit'' means a credit derived from the 
        prevention, reduction, or mitigation of greenhouse gas 
        emissions or carbon sequestration on agricultural land or 
        private forest land that may be bought or sold on a voluntary 
        environmental credit market.
            (3) Beginning farmer or rancher.--The term ``beginning 
        farmer or rancher'' has the meaning given the term in section 
        2501(a) of the Food, Agriculture, Conservation, and Trade Act 
        of 1990 (7 U.S.C. 2279(a)).
            (4) Covered entity.--The term ``covered entity'' means a 
        person or State that either--
                    (A) is a provider of technical assistance to 
                farmers, ranchers, or private forest landowners in 
                carrying out sustainable land use management practices 
                that--
                            (i) prevent, reduce, or mitigate greenhouse 
                        gas emissions; or
                            (ii) sequester carbon; or
                    (B) is a third-party verifier entity that conducts 
                the verification of the processes described in 
                protocols for voluntary environmental credit markets.
            (5) Greenhouse gas.--The term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide; and
                    (D) any other gas that the Secretary, in 
                consultation with the Advisory Council, determines has 
                been identified to have heat trapping qualities.
            (6) Program.--The term ``Program'' means the Greenhouse Gas 
        Technical Assistance Provider and Third-Party Verifier 
        Certification Program established under subsection (c).
            (7) Protocol.--The term ``protocol'' means a systematic 
        approach that follows a science-based methodology that is 
        transparent and thorough to establish requirements--
                    (A) for the development of projects to prevent, 
                reduce, or mitigate greenhouse gas emissions or 
                sequester carbon that include 1 or more baseline 
                scenarios; and
                    (B) to quantify, monitor, report, and verify the 
                prevention, reduction, or mitigation of greenhouse gas 
                emissions or carbon sequestration by projects described 
                in subparagraph (A).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (9) Socially disadvantaged farmer or rancher; socially 
        disadvantaged group.--The terms ``socially disadvantaged farmer 
        or rancher'' and ``socially disadvantaged group'' have the 
        meaning given those terms in section 355(e) of the Consolidated 
        Farm and Rural Development Act (7 U.S.C. 2003(e)).
            (10) Technical assistance.--The term ``technical 
        assistance'' means technical expertise, information, and tools 
        necessary to assist a farmer, rancher, or private forest 
        landowner who is engaged in or wants to engage in a project to 
        prevent, reduce, or mitigate greenhouse gas emissions or 
        sequester carbon to meet a protocol.
            (11) Voluntary environmental credit market.--The term 
        ``voluntary environmental credit market'' means a voluntary 
        market through which agriculture or forestry credits may be 
        bought or sold.
    (c) Establishment.--
            (1) In general.--On the date that is 270 days after the 
        date of enactment of this Act, and after making a positive 
        determination under paragraph (2), the Secretary shall 
        establish a voluntary program, to be known as the ``Greenhouse 
        Gas Technical Assistance Provider and Third-Party Verifier 
        Certification Program'', to certify covered entities that the 
        Secretary determines meet the requirements described in 
        subsection (d).
            (2) Determination.--The Secretary shall establish the 
        Program only if, after considering relevant information, 
        including the information collected or reviewed relating to the 
        assessment conducted under subsection (h)(1)(A), the Secretary 
        determines that the Program will further each of the purposes 
        described in paragraphs (1) and (2) of subsection (a).
            (3) Report.--If the Secretary determines under paragraph 
        (2) that the Program would not further the purposes described 
        in paragraph (1) or (2) of subsection (a) and does not 
        establish the Program, the Secretary shall publish a report 
        describing the reasons the Program would not further those 
        purposes.
    (d) Certification Qualifications.--
            (1) In general.--
                    (A) Protocols and qualifications.--After providing 
                public notice and at least a 60-day period for public 
                comment, the Secretary shall, during the 90-day period 
                beginning on the date on which the Program is 
                established, publish--
                            (i) a list of, and documents relating to, 
                        recognized protocols for voluntary 
                        environmental credit markets that are designed 
                        to ensure consistency, reliability, 
                        effectiveness, efficiency, and transparency, 
                        including protocol documents and details 
                        relating to--
                                    (I) calculations;
                                    (II) sampling methodologies;
                                    (III) accounting principles;
                                    (IV) systems for verification, 
                                monitoring, measurement, and reporting; 
                                and
                                    (V) methods to account for 
                                additionality, permanence, leakage, 
                                and, where appropriate, avoidance of 
                                double counting; and
                            (ii) descriptions of qualifications for 
                        covered entities that--
                                    (I) demonstrate that the covered 
                                entity can assist farmers, ranchers, 
                                and private forest landowners in 
                                accomplishing the purposes described in 
                                paragraphs (1) and (2) of subsection 
                                (a); and
                                    (II) demonstrate proficiency with 
                                the protocols described in clause (i).
                    (B) Requirements.--Covered entities certified under 
                the Program shall maintain expertise in the protocols 
                described in subparagraph (A)(i), adhere to the 
                qualifications described in subparagraph (A)(ii), and 
                adhere to any relevant conflict of interest 
                requirements, as determined appropriate by the 
                Secretary, for--
                            (i) the provision of technical assistance 
                        to farmers, ranchers, and private forest 
                        landowners for carrying out activities 
                        described in paragraph (2); or
                            (ii) the verification of the processes 
                        described in protocols for voluntary 
                        environmental credit markets that are used in 
                        carrying out activities described in paragraph 
                        (2).
            (2) Activities.--The activities for which covered entities 
        may provide technical assistance or conduct verification of 
        processes under the Program are current and future activities 
        that prevent, reduce, or mitigate greenhouse gas emissions or 
        sequester carbon, which may include--
                    (A) land or soil carbon sequestration;
                    (B) emissions reductions derived from fuel choice 
                or reduced fuel use;
                    (C) livestock emissions reductions, including 
                emissions reductions achieved through--
                            (i) feeds, feed additives, and the use of 
                        byproducts as feed sources; or
                            (ii) manure management practices;
                    (D) on-farm energy generation;
                    (E) energy feedstock production;
                    (F) fertilizer or nutrient use emissions 
                reductions;
                    (G) reforestation;
                    (H) forest management, including improving 
                harvesting practices and thinning diseased trees;
                    (I) prevention of the conversion of forests, 
                grasslands, and wetlands;
                    (J) restoration of wetlands or grasslands;
                    (K) grassland management, including prescribed 
                grazing;
                    (L) current practices associated with private land 
                conservation programs administered by the Secretary; 
                and
                    (M) such other activities, or combinations of 
                activities, that the Secretary, in consultation with 
                the Advisory Council, determines to be appropriate.
            (3) Requirements.--In publishing the list of protocols and 
        description of qualifications under paragraph (1)(A), the 
        Secretary, in consultation with the Advisory Council, shall--
                    (A) ensure that the requirements for covered 
                entities to certify under the Program include 
                maintaining expertise in all relevant information 
                relating to market-based protocols, as appropriate, 
                with regard to--
                            (i) quantification;
                            (ii) verification;
                            (iii) additionality;
                            (iv) permanence;
                            (v) reporting; and
                            (vi) other expertise, as determined by the 
                        Secretary; and
                    (B) ensure that a covered entity certified under 
                the Program is required to perform, and to demonstrate 
                expertise, as determined by the Secretary, in 
                accordance with best management practices for 
                agricultural and forestry activities that prevent, 
                reduce, or mitigate greenhouse gas emissions or 
                sequester carbon.
            (4) Periodic review.--As appropriate, the Secretary shall 
        periodically review and revise the list of protocols and 
        description of certification qualifications published under 
        paragraph (1)(A) to include any additional protocols or 
        qualifications that meet the requirements described in 
        subparagraphs (A) and (B) of paragraph (3).
    (e) Certification, Website, and Publication of Lists.--
            (1) Certification.--A covered entity may self-certify under 
        the Program by submitting to the Secretary, through a website 
        maintained by the Secretary--
                    (A) a notification that the covered entity will--
                            (i) maintain expertise in the protocols 
                        described in clause (i) of subsection 
                        (d)(1)(A); and
                            (ii) adhere to the qualifications described 
                        in clause (ii) of that subsection; and
                    (B) appropriate documentation demonstrating the 
                expertise described in subparagraph (A)(i) and 
                qualifications described in subparagraph (A)(ii).
            (2) Website and solicitation.--During the 180-day period 
        beginning on the date on which the Program is established, the 
        Secretary shall publish, through an existing website maintained 
        by the Secretary--
                    (A) information describing how covered entities may 
                self-certify under the Program in accordance with 
                paragraph (1);
                    (B) information describing how covered entities may 
                obtain, through private training programs or Department 
                of Agriculture training programs, the requisite 
                expertise--
                            (i) in the protocols described in clause 
                        (i) of subsection (d)(1)(A); and
                            (ii) to meet the qualifications described 
                        in clause (ii) of that subsection;
                    (C) the protocols and qualifications published by 
                the Secretary under subsection (d)(1)(A); and
                    (D) instructions and suggestions to assist farmers, 
                ranchers, and private forest landowners in facilitating 
                the development of agriculture or forestry credits and 
                accessing voluntary environmental credit markets, 
                including--
                            (i) through working with covered entities 
                        certified under the Program; and
                            (ii) by providing information relating to 
                        programs, registries, and protocols of programs 
                        and registries that provide market-based 
                        participation opportunities for working and 
                        conservation agricultural and forestry lands.
            (3) Publication.--During the 1-year period beginning on the 
        date on which the Program is established, the Secretary, in 
        consultation with the Advisory Council and following the review 
        by the Secretary for completeness and accuracy of the 
        certification notifications and documentation submitted under 
        paragraph (1), shall use an existing website maintained by the 
        Secretary to publish--
                    (A) a list of covered entities that are certified 
                under paragraph (1) as technical assistance providers; 
                and
                    (B) a list of covered entities that are certified 
                under paragraph (1) as verifiers of the processes 
                described in protocols for voluntary environmental 
                credit markets.
            (4) Updates.--Not less frequently than quarterly, the 
        Secretary, in consultation with the Advisory Council, shall 
        update the lists published under paragraph (3).
            (5) Submission.--The Secretary shall notify Congress of the 
        publication of the initial list under paragraph (3).
            (6) Requirement.--To remain certified under the Program, a 
        covered entity shall continue--
                    (A) to maintain expertise in the protocols 
                described in subparagraph (A)(i) of subsection (d)(1); 
                and
                    (B) to adhere to the qualifications described in 
                subparagraph (A)(ii) of that subsection.
            (7) Auditing.--Not less frequently than annually, the 
        Secretary shall conduct audits of covered entities that are 
        certified under the Program to ensure compliance with the 
        requirements under subsection (d)(1)(B) through an audit 
        process that includes a representative sample of--
                    (A) technical assistance providers; and
                    (B) verifiers of the processes described in 
                protocols for voluntary environmental credit markets.
            (8) Revocation of certification.--
                    (A) In general.--The Secretary may revoke the 
                certification of a covered entity under the Program in 
                the event of--
                            (i) noncompliance with the requirements 
                        under subsection (d)(1)(B); or
                            (ii) a violation of subsection (f)(2)(A).
                    (B) Notification.--If the Secretary revokes a 
                certification of a covered entity under subparagraph 
                (A), to the extent practicable, the Secretary shall--
                            (i) request from that covered entity 
                        contact information for all farmers, ranchers, 
                        and private forest landowners to which the 
                        covered entity provided technical assistance or 
                        the verification of the processes described in 
                        protocols for voluntary environmental credit 
                        markets; and
                            (ii) notify those farmers, ranchers, and 
                        private forest landowners of the revocation.
            (9) Fair treatment of farmers.--The Secretary shall ensure, 
        to the maximum extent practicable, that covered entities 
        certified under paragraph (1) act in good faith--
                    (A) to provide realistic estimates of costs and 
                revenues relating to activities and verification of 
                processes, as applicable to the covered entity, as 
                described in subsection (d)(2); and
                    (B) in the case of technical assistance providers, 
                to assist farmers, ranchers, and private forest 
                landowners in ensuring that the farmers, ranchers, and 
                private forest landowners receive fair distribution of 
                revenues derived from the sale of an agriculture or 
                forestry credit.
            (10) Savings clause.--Nothing in this section authorizes 
        the Secretary to compel a farmer, rancher, or private forest 
        landowner to participate in a transaction or project 
        facilitated by a covered entity certified under paragraph (1).
    (f) Enforcement.--
            (1) Prohibition on claims.--
                    (A) In general.--A person that is not certified 
                under the Program in accordance with this section shall 
                not knowingly make a claim that the person is a ``USDA-
                certified technical assistance provider or third-party 
                verifier for voluntary environmental credit markets'' 
                or any substantially similar claim.
                    (B) Penalty.--Any person that violates subparagraph 
                (A) shall be--
                            (i) subject to a civil penalty equal to 
                        such amount as the Secretary determines to be 
                        appropriate, not to exceed $1,000 per 
                        violation; and
                            (ii) ineligible to certify under the 
                        Program for the 5-year period beginning on the 
                        date of the violation.
            (2) Submission of fraudulent information.--
                    (A) In general.--A person, regardless of whether 
                the person is certified under the program, shall not 
                submit fraudulent information as part of a notification 
                under subsection (e)(1).
                    (B) Penalty.--Any person that violates subparagraph 
                (A) shall be--
                            (i) subject to a civil penalty equal to 
                        such amount as the Secretary determines to be 
                        appropriate, not to exceed $1,000 per 
                        violation; and
                            (ii) ineligible to certify under the 
                        Program for the 5-year period beginning on the 
                        date of the violation.
    (g) Greenhouse Gas Technical Assistance Provider and Third-Party 
Verifier Certification Program Advisory Council.--
            (1) In general.--During the 90-day period beginning on the 
        date on which the Program is established, the Secretary shall 
        establish an advisory council, to be known as the ``Greenhouse 
        Gas Technical Assistance Provider and Third-Party Verifier 
        Certification Program Advisory Council''.
            (2) Membership.--
                    (A) In general.--The Advisory Council shall be 
                composed of members appointed by the Secretary in 
                accordance with this paragraph.
                    (B) General representation.--The Advisory Council 
                shall--
                            (i) be broadly representative of the 
                        agriculture and private forest sectors;
                            (ii) include socially disadvantaged farmers 
                        and ranchers and other historically underserved 
                        farmers, ranchers, or private forest 
                        landowners; and
                            (iii) be composed of not less than 51 
                        percent farmers, ranchers, or private forest 
                        landowners.
                    (C) Members.--Members appointed under subparagraph 
                (A) shall include--
                            (i) not more than 2 representatives of the 
                        Department of Agriculture, as determined by the 
                        Secretary;
                            (ii) not more than 1 representative of the 
                        Environmental Protection Agency, as determined 
                        by the Administrator of the Environmental 
                        Protection Agency;
                            (iii) not more than 1 representative of the 
                        National Institute of Standards and Technology;
                            (iv) not fewer than 12 representatives of 
                        the agriculture industry, appointed in a manner 
                        that is broadly representative of the 
                        agriculture sector, including not fewer than 6 
                        active farmers and ranchers;
                            (v) not fewer than 4 representatives of 
                        private forest landowners or the forestry and 
                        forest products industry appointed in a manner 
                        that is broadly representative of the private 
                        forest sector;
                            (vi) not more than 4 representatives of the 
                        relevant scientific research community, 
                        including not fewer than 2 representatives from 
                        land-grant colleges and universities (as 
                        defined in section 1404 of the National 
                        Agricultural Research, Extension, and Teaching 
                        Policy Act of 1977 (7 U.S.C. 3103)), of which 1 
                        shall be a representative of a college or 
                        university eligible to receive funds under the 
                        Act of August 30, 1890 (commonly known as the 
                        ``Second Morrill Act'') (26 Stat. 417, chapter 
                        841; 7 U.S.C. 321 et seq.), including Tuskegee 
                        University;
                            (vii) not more than 2 experts or 
                        professionals familiar with voluntary 
                        environmental credit markets and the 
                        verification requirements in those markets;
                            (viii) not more than 3 members of 
                        nongovernmental or civil society organizations 
                        with relevant expertise, of which not fewer 
                        than 1 shall represent the interests of 
                        socially disadvantaged groups;
                            (ix) not more than 3 members of private 
                        sector entities or organizations that 
                        participate in voluntary environmental credit 
                        markets through which agriculture or forestry 
                        credits are bought and sold; and
                            (x) any other individual whom the Secretary 
                        determines to be necessary to ensure that the 
                        Advisory Council is composed of a diverse group 
                        of representatives of industry, academia, 
                        independent researchers, and public and private 
                        entities.
                    (D) Chair.--The Secretary shall designate a member 
                of the Advisory Council to serve as the Chair.
                    (E) Terms.--
                            (i) In general.--The term of a member of 
                        the Advisory Council shall be 2 years, except 
                        that, of the members first appointed--
                                    (I) not fewer than 8 members shall 
                                serve for a term of 1 year;
                                    (II) not fewer than 12 members 
                                shall serve for a term of 2 years; and
                                    (III) not fewer than 12 members 
                                shall serve for a term of 3 years.
                            (ii) Additional terms.--After the initial 
                        term of a member of the Advisory Council, 
                        including the members first appointed, the 
                        member may serve not more than 4 additional 2-
                        year terms.
            (3) Meetings.--
                    (A) Frequency.--The Advisory Council shall meet not 
                less frequently than annually, at the call of the 
                Chair.
                    (B) Initial meeting.--During the 90-day period 
                beginning on the date on which the members are 
                appointed under paragraph (2)(A), the Advisory Council 
                shall hold an initial meeting.
            (4) Duties.--The Advisory Council shall--
                    (A) periodically review and recommend any 
                appropriate changes to--
                            (i) the list of protocols and description 
                        of qualifications published by the Secretary 
                        under subsection (d)(1)(A); and
                            (ii) the requirements described in 
                        subsection (d)(1)(B);
                    (B) make recommendations to the Secretary regarding 
                the best practices that should be included in the 
                protocols, description of qualifications, and 
                requirements described in subparagraph (A); and
                    (C) advise the Secretary regarding--
                            (i) the current methods used by voluntary 
                        environmental credit markets to quantify and 
                        verify the prevention, reduction, and 
                        mitigation of greenhouse gas emissions or 
                        sequestration of carbon;
                            (ii) additional considerations for 
                        certifying covered entities under the Program;
                            (iii) means to reduce barriers to entry in 
                        the business of providing technical assistance 
                        or the verification of the processes described 
                        in protocols for voluntary environmental credit 
                        markets for covered entities, including by 
                        improving technical assistance provided by the 
                        Secretary;
                            (iv) means to reduce compliance and 
                        verification costs for farmers, ranchers, and 
                        private forest landowners in entering voluntary 
                        environmental credit markets, including through 
                        mechanisms and processes to aggregate the value 
                        of activities across land ownership;
                            (v) issues relating to land and asset 
                        ownership in light of evolving voluntary 
                        environmental credit markets; and
                            (vi) additional means to reduce barriers to 
                        entry in voluntary environmental credit markets 
                        for farmers, ranchers, and private forest 
                        landowners, particularly for historically 
                        underserved, socially disadvantaged, or limited 
                        resource farmers, ranchers, or private forest 
                        landowners.
            (5) Compensation.--The members of the Advisory Council 
        shall serve without compensation.
            (6) Conflict of interest.--The Secretary shall prohibit any 
        member of the Advisory Council from--
                    (A) engaging in any determinations or activities of 
                the Advisory Council that may result in the favoring 
                of, or a direct and predictable effect on--
                            (i) the member or a family member, as 
                        determined by the Secretary;
                            (ii) stock owned by the member or a family 
                        member, as determined by the Secretary; or
                            (iii) the employer of, or a business owned 
                        in whole or in part by, the member or a family 
                        member, as determined by the Secretary; or
                    (B) providing advice or recommendations regarding, 
                or otherwise participating in, matters of the Advisory 
                Council that--
                            (i) constitute a conflict of interest under 
                        section 208 of title 18, United States Code; or
                            (ii) may call into question the integrity 
                        of the Advisory Council, the Program, or the 
                        technical assistance or verification activities 
                        described under subsection (d)(2).
            (7) FACA applicability.--The Advisory Council shall be 
        subject to the Federal Advisory Committee Act (5 U.S.C. App.), 
        except that section 14(a)(2) of that Act shall not apply.
    (h) Assessment.--
            (1) In general.--Not later than 240 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency, shall--
                    (A) conduct an assessment, including by 
                incorporating information from existing publications 
                and reports of the Department of Agriculture and other 
                entities with relevant expertise, regarding--
                            (i) the number and categories of non-
                        Federal actors in the nonprofit and for-profit 
                        sectors involved in buying, selling, and 
                        trading agriculture or forestry credits in 
                        voluntary environmental credit markets;
                            (ii) the estimated overall domestic market 
                        demand for agriculture or forestry credits at 
                        the end of the preceding 4-calendar year 
                        period, and historically, in voluntary 
                        environmental credit markets;
                            (iii) the total number of agriculture or 
                        forestry credits (measured in metric tons of 
                        carbon dioxide equivalent) that were estimated 
                        to be in development, generated, or sold in 
                        market transactions during the preceding 4-
                        calendar year period, and historically, in 
                        voluntary environmental credit markets;
                            (iv) the estimated supply and demand of 
                        metric tons of carbon dioxide equivalent of 
                        offsets in the global marketplace for the next 
                        4 years;
                            (v) the barriers to entry due to compliance 
                        and verification costs described in subsection 
                        (g)(4)(C)(iv);
                            (vi) the state of monitoring and 
                        measurement technologies needed to quantify 
                        long-term carbon sequestration in soils and 
                        from other activities to prevent, reduce, or 
                        mitigate greenhouse gas emissions in the 
                        agriculture and forestry sectors;
                            (vii) means to reduce barriers to entry 
                        into voluntary environmental credit markets for 
                        small, beginning, and socially disadvantaged 
                        farmers, ranchers, and private forest 
                        landowners and the extent to which existing 
                        protocols in voluntary environmental credit 
                        markets allow for aggregation of projects among 
                        farmers, ranchers, and private forest 
                        landowners;
                            (viii) means to leverage existing 
                        Department of Agriculture programs and other 
                        Federal programs that could improve, lower the 
                        costs of, and enhance the deployment of 
                        monitoring and measurement technologies 
                        described in clause (vi);
                            (ix) the potential impact of Department of 
                        Agriculture activities on supply and demand of 
                        agriculture or forestry credits;
                            (x) the potential role of the Department of 
                        Agriculture in encouraging innovation in 
                        voluntary environmental credit markets;
                            (xi) the extent to which the existing 
                        regimes for generating and selling agriculture 
                        or forestry credits, as the regimes exist at 
                        the end of the preceding 4-calendar year 
                        period, and historically, and existing 
                        voluntary environmental credit markets, may be 
                        impeded or constricted, or achieve greater 
                        scale and reach, if the Department of 
                        Agriculture were involved, including by 
                        considering the role of the Department of 
                        Agriculture in reducing the barriers to entry 
                        identified under clause (v), including by 
                        educating stakeholders about voluntary 
                        environmental credit markets;
                            (xii) the extent to which existing 
                        protocols in voluntary environmental credit 
                        markets, including verification, additionality, 
                        permanence, and reporting, adequately take into 
                        consideration and account for factors 
                        encountered by the agriculture and private 
                        forest sectors in preventing, reducing, or 
                        mitigating greenhouse gases or sequestering 
                        carbon through agriculture and forestry 
                        practices, considering variances across 
                        regions, topography, soil types, crop or 
                        species varieties, and business models;
                            (xiii) the extent to which existing 
                        protocols in voluntary environmental credit 
                        markets consider options to ensure the 
                        continued valuation, through discounting or 
                        other means, of agriculture and forestry 
                        credits in the case of the practices underlying 
                        those credits being disrupted due to 
                        unavoidable events, including production 
                        challenges and natural disasters; and
                            (xiv) opportunities for other voluntary 
                        markets outside of voluntary environmental 
                        credit markets to foster the trading, buying, 
                        or selling of credits that are derived from 
                        activities that provide other ecosystem service 
                        benefits, including activities that improve 
                        water quality, water quantity, wildlife habitat 
                        enhancement, and other ecosystem services, as 
                        the Secretary determines appropriate;
                    (B) publish the assessment; and
                    (C) submit the assessment to the Committee on 
                Agriculture, Nutrition, and Forestry of the Senate and 
                the Committee on Agriculture of the House of 
                Representatives.
            (2) Quadriennial assessment.--The Secretary, in 
        consultation with the Administrator of the Environmental 
        Protection Agency and the Advisory Council, shall conduct the 
        assessment described in paragraph (1)(A) and publish and submit 
        the assessment in accordance with subparagraphs (B) and (C) of 
        paragraph (1) every 4 years after the publication and 
        submission of the first assessment under subparagraphs (B) and 
        (C) of paragraph (1).
    (i) Report.--Not later than 2 years after the date on which the 
Program is established, and every 2 years thereafter, the Secretary 
shall publish and submit to the Committee on Agriculture, Nutrition, 
and Forestry of the Senate and the Committee on Agriculture of the 
House of Representatives a report describing, for the period covered by 
the report--
            (1) the number of covered entities that--
                    (A) were registered under the Program;
                    (B) were new registrants under the Program, if 
                applicable; and
                    (C) did not renew their registration under the 
                Program, if applicable;
            (2) each covered entity the certification of which was 
        revoked by the Secretary under subsection (e)(8);
            (3) a review of the outcomes of the Program, including--
                    (A) the ability of farmers, ranchers, and private 
                forest landowners, including small, beginning, and 
                socially disadvantaged farmers, ranchers, and private 
                forest landowners, to develop agriculture or forestry 
                credits through covered entities certified under the 
                Program;
                    (B) methods to improve the ability of farmers, 
                ranchers, and private forest landowners to overcome 
                barriers to entry to voluntary environmental credit 
                markets; and
                    (C) methods to further facilitate participation of 
                farmers, ranchers, and private forest landowners in 
                voluntary environmental credit markets; and
            (4) any recommendations for improvements to the Program.
    (j) Confidentiality.--
            (1) Prohibition.--
                    (A) In general.--Except as provided in paragraph 
                (2), the Secretary, any other officer or employee of 
                the Department of Agriculture or any agency of the 
                Department of Agriculture, or any other person may not 
                disclose to the public the information held by the 
                Secretary described in subparagraph (B).
                    (B) Information.--
                            (i) In general.--Except as provided in 
                        clause (ii), the information prohibited from 
                        disclosure under subparagraph (A) is--
                                    (I) information collected by the 
                                Secretary or published by the Secretary 
                                under subsection (h) or (i);
                                    (II) personally identifiable 
                                information, including in a contract or 
                                service agreement, of a farmer, 
                                rancher, or private forest landowner, 
                                obtained by the Secretary under 
                                paragraph (7) or (8)(B)(i) of 
                                subsection (e); and
                                    (III) confidential business 
                                information in a contract or service 
                                agreement of a farmer, rancher, or 
                                private forest landowner obtained by 
                                the Secretary under paragraph (7) or 
                                (8)(B)(i) of subsection (e).
                            (ii) Aggregated release.--Information 
                        described in clause (i) may be released to the 
                        public if the information has been transformed 
                        into a statistical or aggregate form that does 
                        not allow the identification of the person who 
                        supplied or is the subject of the particular 
                        information.
            (2) Exception.--Paragraph (1) shall not prohibit the 
        disclosure--
                    (A) of the name of any covered entity published and 
                submitted by the Secretary under subsection (i)(2); or
                    (B) by an officer or employee of the Federal 
                Government of information described in paragraph (1)(B) 
                as otherwise directed by the Secretary or the Attorney 
                General for enforcement purposes.
    (k) Funding.--
            (1) Authorization of appropriations.--In addition to the 
        amount made available under paragraph (2), there is authorized 
        to be appropriated to carry out this section $1,000,000 for 
        each of fiscal years 2022 through 2026.
            (2) Direct funding.--
                    (A) Rescission.--There is rescinded $4,100,000 of 
                the unobligated balance of amounts made available by 
                section 1003 of the American Rescue Plan Act of 2021 
                (Public Law 117-2).
                    (B) Direct funding.--If sufficient unobligated 
                amounts made available by section 1003 of the American 
                Rescue Plan Act of 2021 (Public Law 117-2) are 
                available on the date of enactment of this Act to 
                execute the entire rescission described in subparagraph 
                (A), then on the day after the execution of the entire 
                rescission, there is appropriated to the Secretary, out 
                of amounts in the Treasury not otherwise appropriated, 
                $4,100,000 to carry out this section.

            Passed the Senate June 24, 2021.

            Attest:

                                                             Secretary.
117th CONGRESS

  1st Session

                                S. 1251

_______________________________________________________________________

                                 AN ACT

   To authorize the Secretary of Agriculture to develop a program to 
  reduce barriers to entry for farmers, ranchers, and private forest 
    landowners in certain voluntary markets, and for other purposes.