[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4163 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4163

To amend the Food Security Act of 1985 to optimize the sequestration of 
    carbon and the reduction of net emissions through agricultural 
                   practices, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2023

    Mr. Gallagher (for himself, Mr. Huffman, and Mr. Nunn of Iowa) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL


 
To amend the Food Security Act of 1985 to optimize the sequestration of 
    carbon and the reduction of net emissions through agricultural 
                   practices, 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 ``Naturally Offsetting Emissions by 
Managing and Implementing Tillage Strategies Act of 2023'' or the ``NO 
EMITS Act of 2023''.

SEC. 2. SOIL HEALTH TRANSITION INCENTIVE PROGRAM.

    Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) 
is amended by adding at the end the following:
    ``(k) Soil Health Transition Incentive Program.--
            ``(1) Establishment and purposes.--The Secretary shall 
        establish a soil health transition incentive program to assist 
        producers in transitioning to soil health cropping systems by--
                    ``(A) providing incentives to adopt soil health 
                cropping systems, including by addressing the economic 
                risk during a transition to a new soil health cropping 
                system; and
                    ``(B) providing technical assistance for such a 
                transition.
            ``(2) Contracts.--
                    ``(A) In general.--The Secretary shall enter into 
                soil health transition incentive contracts with 
                producers under this subsection to provide payments 
                for--
                            ``(i) the adoption and installation of soil 
                        health practices (including cover cropping, no 
                        till, and minimum till) or cropping systems; 
                        and
                            ``(ii) completing, managing, maintaining, 
                        and improving the soil health practices or 
                        cropping systems for the duration of the 
                        contract, as determined appropriate by the 
                        Secretary.
                    ``(B) Payment amounts.--In determining the amount 
                of payments under subparagraph (A), the Secretary shall 
                consider, to the extent practicable--
                            ``(i) the level and extent of the soil 
                        health practice or cropping system to be 
                        adopted, installed, completed, managed, 
                        maintained, or improved;
                            ``(ii) the cost of the adoption, 
                        installation, completion, management, 
                        maintenance, or improvement of the soil health 
                        practice or cropping system;
                            ``(iii) income foregone by the producer, 
                        including payments, as appropriate, to 
                        address--
                                    ``(I) increased economic risk;
                                    ``(II) loss in revenue due to 
                                anticipated reductions in yield; and
                                    ``(III) economic losses during 
                                transition to new cropping systems; and
                            ``(iv) the extent to which compensation 
                        would ensure long-term continued management, 
                        maintenance, and improvement of the soil health 
                        practice or cropping system.
                    ``(C) Term.--A contract under this subsection shall 
                have a term of not fewer than 5 years and not more than 
                7 years.
            ``(3) Individualized agronomic technical assistance.--To 
        assist producers in making a successful transition to a soil 
        health cropping system, the Secretary shall provide 
        individualized and multiyear agronomic technical assistance, at 
        the option of the producer, through--
                    ``(A) the Secretary;
                    ``(B) a third-party provider;
                    ``(C) a commercial entity (including a farmer 
                cooperative or agriculture retailer);
                    ``(D) a nonprofit entity with agronomic expertise; 
                or
                    ``(E) a State or local government (including a 
                conservation district).''.

SEC. 3. ON-FARM CONSERVATION INNOVATION TRIALS.

    Section 1240H(c) of the Food Security Act of 1985 (16 U.S.C. 
3839aa-8(c)) is amended--
            (1) in paragraph (1)(B)(i)--
                    (A) in subclause (VI), by striking ``; and'' and 
                inserting a semicolon; and
                    (B) by adding at the end the following:
                                    ``(VIII) practices related to 
                                livestock production; and''; and
            (2) in paragraph (2), by striking ``$25,000,000'' and 
        inserting ``$50,000,000''.

SEC. 4. STATE ASSISTANCE FOR SOIL HEALTH.

    Subchapter B of chapter 4 of subtitle D of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3839aa-21 et seq.) is amended by adding 
at the end the following:

``SEC. 1240L-2. STATE ASSISTANCE FOR SOIL HEALTH.

    ``(a) Definitions.--In this section:
            ``(1) Eligible indian tribe.--The term `eligible Indian 
        tribe' means an Indian tribe that is--
                    ``(A) implementing a soil health program for the 
                area over which the Indian tribe has jurisdiction; and
                    ``(B) meeting or exceeding performance measures 
                established by the Indian tribe for the soil health 
                program.
            ``(2) Eligible state.--The term `eligible State' means a 
        State that is--
                    ``(A) implementing a soil health program for the 
                State; and
                    ``(B) meeting or exceeding performance measures 
                established by the State for the soil health program.
            ``(3) Soil health program.--The term `soil health program' 
        means a program to improve soil health on agricultural land 
        that--
                    ``(A) is broadly consistent with the soil health 
                principles of the Natural Resources Conservation 
                Service, as determined by the Secretary; and
                    ``(B) may include--
                            ``(i) technical assistance;
                            ``(ii) financial assistance;
                            ``(iii) on-farm research and demonstration;
                            ``(iv) education, outreach, and training;
                            ``(v) monitoring and evaluation; or
                            ``(vi) such other components as the 
                        Secretary determines appropriate.
    ``(b) Availability and Purpose of Grants.--For fiscal years 2024 
through 2028, the Secretary shall make grants to eligible States and 
eligible Indian tribes for the purpose of improving soil health on 
agricultural lands through the implementation of State and Tribal soil 
health programs.
    ``(c) Applications.--
            ``(1) In general.--To receive a grant under this section, 
        an eligible State or eligible Indian tribe shall submit to the 
        Secretary an application at such time, in such a manner, and 
        containing such information as the Secretary shall require, 
        which shall include--
                    ``(A) a description of performance measures to be 
                used to evaluate the State or Tribal soil health 
                program and the results of any activities carried out 
                using grant funds received under this section; and
                    ``(B) an assurance that grant funds received under 
                this section will supplement the expenditure of State 
                or Tribal funds in support of soil health, rather than 
                replace such funds.
            ``(2) Tribal option.--An Indian tribe shall have the 
        option, at the sole discretion of the Indian tribe, to be 
        incorporated into the application of an eligible State.
    ``(d) Priority.--In making grants under this section, the Secretary 
shall give priority to eligible States and eligible Indian tribes with 
a climate action plan that includes soil health, as determined by the 
Secretary.
    ``(e) Grants.--
            ``(1) Amount.--The amount of a grant to an eligible State 
        or eligible Indian tribe under this section for a fiscal year 
        may not exceed the lower of--
                    ``(A) $5,000,000; or
                    ``(B) as applicable--
                            ``(i) 50 percent of the cost of 
                        implementing the State soil health program in 
                        the fiscal year; or
                            ``(ii) 75 percent of the cost of 
                        implementing the Tribal soil health program in 
                        the fiscal year.
            ``(2) Term.--A grant under this section shall be for 1 
        year, and may be renewed annually.
    ``(f) Audits and Reviews.--An eligible State or eligible Indian 
tribe receiving a grant under this section shall submit to the 
Secretary--
            ``(1) for each year for which the State or Indian tribe 
        receives such a grant, the results of an audit of the 
        expenditures of the grant funds; and
            ``(2) at such intervals as the Secretary shall establish, a 
        review and evaluation of the State or Tribal soil health 
        program.
    ``(g) Effect of Noncompliance.--If the Secretary, after reasonable 
notice to an eligible State or eligible Indian tribe receiving a grant 
under this section, finds that the State or Indian tribe has failed to 
comply with the terms of the grant, the Secretary may disqualify, for 1 
or more years, the State or Indian tribe from receipt of future grants 
under this section.
    ``(h) Funding.--Of the funds made available to carry out this 
subchapter, $100,000,000 shall be available in each of fiscal years 
2024 through 2028 to carry out this section.
    ``(i) Administration.--
            ``(1) Department.--The Secretary may not use more than 3 
        percent of the funds made available to carry out this section 
        for a fiscal year for administrative expenses.
            ``(2) States or indian tribes.--An eligible State or 
        eligible Indian tribe receiving a grant under this section may 
        not use more than 7 percent of the granted funds for a fiscal 
        year for administrative expenses.''.

SEC. 5. TECHNICAL ASSISTANCE.

    Section 1241(c) of the Food Security Act of 1985 (16 U.S.C. 
3841(c)) is amended by adding at the end the following:
            ``(5) Special initiative.--
                    ``(A) In general.--In each of fiscal years 2024 
                through 2028, the Secretary shall carry out a special 
                technical assistance initiative to assist producers in 
                mitigating and adapting to climate change, using, of 
                the funds of the Commodity Credit Corporation, an 
                amount equal to not less than 1 percent of the amount 
                of funds made available by subsection (a) for the 
                fiscal year.
                    ``(B) Provision of technical assistance.--The 
                Secretary shall provide technical assistance under this 
                paragraph to producers--
                            ``(i) in accordance with section 1242(c); 
                        or
                            ``(ii) notwithstanding such section, 
                        through a cooperative agreement or contract 
                        with--
                                    ``(I) a cooperative extension;
                                    ``(II) a nongovernmental 
                                organization; or
                                    ``(III) a State, Tribal, or Federal 
                                agency.
                    ``(C) Underserved producers.--In providing 
                technical assistance under this paragraph the Secretary 
                shall give priority to producers who are persons 
                described in section 1244(a)(2).''.
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