[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5160 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5160

To require the Secretary of Agriculture to conduct research relating to 
measurement, monitoring, reporting, and verification of greenhouse gas 
      emissions and carbon sequestration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 2023

  Mr. Sorensen (for himself and Mr. Lawler) introduced the following 
        bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Agriculture to conduct research relating to 
measurement, monitoring, reporting, and verification of greenhouse gas 
      emissions and carbon sequestration, 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 ``Advancing Research on Agricultural 
Climate Impacts Act of 2023''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture.

SEC. 3. STANDARD SOIL CARBON MEASUREMENT METHODOLOGY.

    (a) Methodology.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary shall develop a 
        standardized methodology to directly measure soil carbon for 
        research and conservation purposes.
            (2) Review.--In developing the methodology under paragraph 
        (1), the Secretary shall conduct a review of widely used 
        existing methodologies for direct soil carbon measurement.
            (3) Consultation.--In developing the methodology under 
        paragraph (1) and conducting the review under paragraph (2), 
        the Secretary shall consult with--
                    (A) agricultural producers, including socially 
                disadvantaged farmers and ranchers (as defined in 
                section 355(e) of the Consolidated Farm and Rural 
                Development Act (7 U.S.C. 2003(e)));
                    (B) soil carbon experts;
                    (C) nonprofit organizations;
                    (D) academic researchers; and
                    (E) other stakeholders who reflect the operational, 
                geographic, and socioeconomic diversity of United 
                States agricultural operations.
            (4) Requirements.--The methodology developed under 
        paragraph (1) shall, to the maximum extent practicable--
                    (A) be usable at any location at which soil carbon 
                can be directly measured;
                    (B)(i) require measurement to a standard soil depth 
                sufficient for measuring the core set of variables 
                described in paragraph (5), determined using the best 
                available science; or
                    (ii) if measurement to the standard soil depth 
                described in clause (i) is not practicable due to 
                insufficient soil depth or other factors relating to 
                the applicable sample site, require measurement in 
                accordance with an alternate approach developed by the 
                Secretary, using the best available science, that--
                            (I) requires measurement to the maximum 
                        allowable depth of a sample site; and
                            (II) produces data that is interoperable 
                        with data collected by measurement to the 
                        standard soil depth in accordance with clause 
                        (i);
                    (C) measure the core set of variables described in 
                paragraph (5) to produce a standard set of reporting 
                metrics;
                    (D) produce data that is interoperable with other 
                data collected by the Department of Agriculture;
                    (E) account for calibration differences in soil 
                analysis between testing facilities;
                    (F) account for differences in uncertainty between 
                different measurement tools; and
                    (G) be usable for voluntary reporting of soil 
                carbon data under subsection (b).
            (5) Core variables.--The methodology developed under 
        paragraph (1) shall measure the following core set of variables 
        for each sample:
                    (A) Bulk density.
                    (B) Organic carbon concentration.
                    (C) Rock fraction volume and weight.
                    (D) Other variables, as determined by the 
                Secretary.
    (b) Voluntary Soil Carbon Data Reporting.--
            (1) Technical assistance.--
                    (A) In general.--The Secretary, acting through the 
                Chief of the Natural Resources Conservation Service, 
                shall provide to producers described in paragraph (2) 
                technical assistance, including guidance, for 
                voluntarily measuring, monitoring, and reporting to the 
                Secretary soil carbon data using the methodology 
                developed under subsection (a).
                    (B) Guidance.--Guidance provided under subparagraph 
                (A) shall be, at a minimum--
                            (i) available in multiple languages; and
                            (ii) available to producers described in 
                        paragraph (2) in both digital and analog 
                        formats.
            (2) Applicability.--The guidance developed under paragraph 
        (1) shall be applicable to--
                    (A) producers that are recipients of grants under 
                programs described in paragraph (3) to voluntarily 
                measure, monitor, and report to the Secretary soil 
                carbon outcomes under those programs; and
                    (B) any other producer that elects to voluntarily 
                report to the Secretary direct measurements of soil 
                carbon data.
            (3) Programs described.--The programs referred to in 
        paragraph (2)(A) include--
                    (A) conservation innovation grants under section 
                1240H of the Food Security Act of 1985 (16 U.S.C. 
                3839aa-8);
                    (B) the sustainable agriculture research and 
                education program under subtitle B of title XVI of the 
                Food, Agriculture, Conservation, and Trade Act of 1990 
                (7 U.S.C. 5801 et seq.);
                    (C) the organic agriculture research and extension 
                initiative established under section 1672B of that Act 
                (7 U.S.C. 5925b);
                    (D) grants under the Agriculture and Food Research 
                Initiative under section 2(b) of the Competitive, 
                Special, and Facilities Research Grant Act (7 U.S.C. 
                3157(b)); and
                    (E) such other programs as the Secretary determines 
                to be appropriate.
            (4) Requirement.--The Secretary shall seek to provide 
        culturally appropriate technical assistance and guidance under 
        paragraph (1) to socially disadvantaged farmers and ranchers 
        (as defined in section 355(e) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 2003(e))).
    (c) Updates.--
            (1) In general.--The Secretary shall update the methodology 
        developed under subsection (a)(1) and the guidance issued under 
        subsection (b)(1)(B) as needed to reflect the best-available 
        data science.
            (2) Interoperability.--In making any updates under 
        paragraph (1), the Secretary shall ensure that data collected 
        with the updated methodology remains interoperable with 
        previously collected measurements.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each fiscal year.

SEC. 4. DEVELOPMENT OF NEW MEASUREMENT TOOLS UNDER AFRI.

    Section 2(b)(2)(D) of the Competitive, Special, and Facilities 
Research Grant Act (7 U.S.C. 3157(b)(2)(D)) is amended--
            (1) in clause (vii), by striking ``and'' at the end;
            (2) in clause (viii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(ix) measuring, monitoring, reporting, 
                        and verifying greenhouse gas emissions and 
                        carbon sequestration.''.

SEC. 5. SOIL HEALTH AND CARBON DEMONSTRATION TRIALS.

    (a) 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), by striking subclause (III) and 
        inserting the following:
                                    ``(III) soil health management 
                                systems, including--
                                            ``(aa) systems to maintain 
                                        or increase soil carbon levels; 
                                        and
                                            ``(bb) cost-effective tools 
                                        to measure, monitor, report, 
                                        and verify greenhouse gas 
                                        emissions and carbon 
                                        sequestration;''; and
            (2) in paragraph (3)(D), by striking ``3 years'' each place 
        it appears and inserting ``5 years''.
    (b) Sustainable Agriculture Research and Education Program.--
Section 1621(e) of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (7 U.S.C. 5811(e)) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Soil carbon sequestration demonstration projects.--In 
        carrying out this section, the Secretary shall conduct on-farm 
        demonstration projects for soil carbon sequestration.''.

SEC. 6. SOIL CARBON INVENTORY AND ANALYSIS NETWORK.

    Chapter 5 of subtitle D of title XII of the Food Security Act of 
1985 is amended by inserting after section 1240M (16 U.S.C. 3839bb) the 
following:

``SEC. 1240N. SOIL CARBON INVENTORY AND ANALYSIS NETWORK.

    ``(a) Definitions.--In this section:
            ``(1) Conservation activities.--The term `conservation 
        activities' has the meaning given the term in section 1240I.
            ``(2) Eligible land.--The term `eligible land' means public 
        and private cropland, rangeland, pastureland, and wetlands in 
        the United States.
            ``(3) Program.--The term `program' means the program 
        established under subsection (b)(1).
            ``(4) Regional resource area.--The term `regional resource 
        area' means a contiguous area of eligible land that has similar 
        resource characteristics.
            ``(5) Resource characteristics.--The term `resource 
        characteristics' means--
                    ``(A) geographic, climate, natural resource, and 
                soil type characteristics; and
                    ``(B) any other characteristics that the Secretary 
                determines to be appropriate for the purpose of 
                carrying out the program.
            ``(6) Secretary.--The term `Secretary' means the Secretary, 
        acting jointly through the Chief of the Natural Resources 
        Conservation Service and the Administrator of the Agricultural 
        Research Service.
    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish a program 
        to inventory, monitor, and analyze soil carbon changes on 
        eligible land in the United States.
            ``(2) Purposes.--The purposes of the program are--
                    ``(A) to analyze soil properties, including soil 
                organic carbon, across space, time, and depth;
                    ``(B) to analyze the impacts of land management 
                strategies, including conservation activities, on soil 
                carbon sequestration; and
                    ``(C) to inform any tools of the Secretary designed 
                to predict the impacts of different land management 
                practices, including implementing conservation 
                activities, on greenhouse gas emissions and soil carbon 
                sequestration across the United States.
            ``(3) Consultation.--In carrying out the program, the 
        Secretary shall consult with the Director of the National 
        Institute of Food and Agriculture, the Chief of the Forest 
        Service, the Chief Data Officer, the Administrator of the 
        Environmental Protection Agency, the Secretary of Energy, and 
        the head of any other department or agency that the Secretary 
        determines to be appropriate.
    ``(c) Sampling.--
            ``(1) Sample sites.--The Secretary shall select sample 
        sites under the program by taking into consideration--
                    ``(A) the accessibility of sites;
                    ``(B) the ease of collecting repeated measurements 
                over time; and
                    ``(C) such other factors as the Secretary 
                determines to be appropriate.
            ``(2) Preference.--In selecting sample sites under 
        paragraph (1), the Secretary shall give preference to sites 
        that have been used for soil testing previously.
            ``(3) Number of sample sites.--The Secretary shall select 
        sufficient sample sites under paragraph (1) to analyze changes 
        in soil carbon across regional resource areas, as determined by 
        the Secretary, over time, taking into account the geographical 
        size and heterogeneity of each regional resource area.
    ``(d) Inventory.--
            ``(1) In general.--Every 5 years, the Secretary shall 
        prepare an inventory of soil carbon stocks on eligible land, 
        under which the Secretary shall collect measurements at each 
        sample site selected under subsection (c).
            ``(2) Methodology.--The Secretary shall ensure that the 
        methodology developed under section 3(a) of the Advancing 
        Research on Agricultural Climate Impacts Act of 2023 is used 
        for purposes of conducting measurements at each sample site 
        under the program.
            ``(3) Minimum number of samples.--The Secretary shall 
        measure a sufficient number of samples to analyze changes in 
        soil carbon at each sample site selected under subsection (c) 
        for each inventory under paragraph (1).
            ``(4) Characteristics.--In preparing the inventory under 
        paragraph (1), the Secretary shall document the following 
        characteristics for each sample site selected under subsection 
        (c):
                    ``(A) Soil type and texture.
                    ``(B) Land use history, including conservation 
                activities.
                    ``(C) Environmental characteristics, such as 
                temperature and precipitation.
                    ``(D) Other characteristics, as determined by the 
                Secretary.
    ``(e) Individual Protections.--
            ``(1) Protection of private property rights.--Before 
        selecting a sample site under subsection (c) or conducting any 
        measurement under subsection (d)(1), the Secretary shall obtain 
        authorization from the owner of the eligible land.
            ``(2) Voluntariness requirement.--The Secretary may not 
        require authorization under paragraph (1) or any other 
        participation in any activity under this section as a condition 
        on receipt of any benefit under a program administered by the 
        Secretary.
            ``(3) Data privacy protection.--In carrying out the 
        program, the Secretary shall ensure that data is collected and 
        analyzed while respecting relevant privacy safeguards and does 
        not include any identifiable, proprietary, or personal 
        information of individual land owners or operators.
    ``(f) Data Center.--
            ``(1) In general.--Data collected under the program shall 
        be maintained in a data center operated by the Secretary.
            ``(2) Partnerships.--The data center described in paragraph 
        (1) may be operated in partnership with 1 or more of the 
        following entities, if the entity complies with paragraph (4):
                    ``(A) An 1862 Institution (as defined in section 2 
                of the Agricultural Research, Extension, and Education 
                Reform Act of 1998 (7 U.S.C. 7601)).
                    ``(B) An 1890 Institution (as defined in that 
                section).
                    ``(C) A 1994 Institution (as defined in section 532 
                of the Equity in Educational Land-Grant Status Act of 
                1994 (7 U.S.C. 301 note; Public Law 103-382)).
                    ``(D) Institutions of higher education with 
                expertise in predictive modeling, large-scale data 
                collection, soil carbon research, or agricultural land 
                management to mitigate climate change.
                    ``(E) Federal research centers.
            ``(3) Applications.--An entity described in any of 
        subparagraphs (A) through (E) of paragraph (2) seeking to enter 
        into a partnership to manage the data center described in 
        paragraph (1) shall submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
            ``(4) Requirements.--The data center described in paragraph 
        (1) shall--
                    ``(A) use the industry standard protocols to 
                protect identifiable, proprietary, or personal 
                information of individual land owners or operators;
                    ``(B) ensure that individual producer data is not 
                sold through the center; and
                    ``(C) comply with all applicable privacy 
                requirements, including--
                            ``(i) section 1770 of the Food Security Act 
                        of 1985 (7 U.S.C. 2276);
                            ``(ii) section 1619 of the Food, 
                        Conservation, and Energy Act of 2008 (7 U.S.C. 
                        8791);
                            ``(iii) section 502(c) of the Federal Crop 
                        Insurance Act (7 U.S.C. 1502(c)); and
                            ``(iv) section 552 of title 5, United 
                        States Code.
            ``(5) Limited release of information.--The Secretary may 
        release or disclose information maintained in the data center 
        described in paragraph (1) pursuant to section 1619(b)(3)(A)(i) 
        of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 
        8791(b)(3)(A)(i)) to researchers for the purposes of 
        statistically analyzing the information.
    ``(g) Public Availability.--On completion of each inventory under 
subsection (d)(1), the Secretary shall make publicly available--
            ``(1) the statistical or aggregated form of data collected 
        from measurements under that subsection;
            ``(2) information regarding the methodology used to collect 
        that data; and
            ``(3) any analysis made of the measurements described in 
        paragraph (1).
    ``(h) Reports.--On completion of each inventory under subsection 
(d)(1), the Secretary shall prepare, publish, and make available to the 
public a report that--
            ``(1) contains a description of soil carbon trends, 
        including by incorporating measurements conducted under 
        subsection (d) during the 5 years covered by the report;
            ``(2) contains an analysis of the impact of different land 
        management practices, including implementing 1 or more 
        conservation activities, on soil carbon levels;
            ``(3) contains an analysis of the effect of weather and 
        climate variability on the observed trends;
            ``(4) contains an analysis of how land management 
        practices, including conservation activities, that influence 
        soil carbon sequestration may affect the rate of emissions of 
        other greenhouse gases in the agricultural sector, including 
        methane and nitrous oxide; and
            ``(5) establishes a benchmark for the baseline soil carbon 
        absent additional conservation activities.
    ``(i) Strategic Plan.--Not later than 1 year after the date of 
enactment of the Advancing Research on Agricultural Climate Impacts Act 
of 2023, the Secretary shall prepare and submit to Congress a strategic 
plan to implement and carry out this section, which shall describe in 
detail--
            ``(1) the organization and procedures necessary to 
        implement and carry out this section;
            ``(2) the plan for measurements in each regional resource 
        area under subsection (d)(1) for the first 5-year interval, 
        including the schedule and the number of samples collected from 
        each sample site selected under subsection (c).
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $17,500,000 for each fiscal 
year.''.

SEC. 7. PREDICTIVE MODELS.

    (a) In General.--The Secretary shall develop and maintain a 
modeling tool (or combination of tools) that shall predict the impacts 
of different land management practices, including implementing 
conservation activities, on greenhouse gas emissions and soil carbon 
sequestration across the United States.
    (b) Consultation.--In developing the modeling tool or tools under 
subsection (a), the Secretary shall consult with--
            (1) the Secretary of Energy;
            (2) the Administrator of the Environmental Protection 
        Agency;
            (3) agricultural producers, including socially 
        disadvantaged farmers and ranchers (as defined in section 
        355(e) of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 2003(e)));
            (4) soil carbon experts;
            (5) nonprofit organizations;
            (6) academic researchers;
            (7) private companies with expertise in soil carbon 
        sequestration or greenhouse gas monitoring for agricultural 
        operations; and
            (8) other stakeholders, including the heads of other 
        appropriate Federal agencies or non-Federal entities, who 
        reflect the operational, geographic, and socioeconomic 
        diversity of United States agricultural operations.
    (c) Requirements.--The modeling tool or tools described in 
subsection (a) shall--
            (1) be anchored in direct measurements of land, including 
        soil sampling, such as under the program established under 
        section 1240N of the Food Security Act of 1985 and the programs 
        described in section 3(b)(3);
            (2) account for differences that could impact land 
        management outcomes, including--
                    (A) soil type;
                    (B) type of land use;
                    (C) type of crop;
                    (D) geography and local climate;
                    (E) geographic size of the land-use operation;
                    (F) ongoing or existing conservation activities; 
                and
                    (G) such other items as the Secretary determines to 
                be appropriate;
            (3) allow a user of the tool to estimate the changes in 
        greenhouse gas emissions or soil carbon sequestration, and the 
        uncertainty of those estimated changes, that occur as a result 
        of implementing 1 or more conservation activities; and
            (4) be user-friendly and accessible--
                    (A) to producers and researchers; and
                    (B) in multiple languages.
    (d) Reviews and Updates.--
            (1) Reviews.--Not less frequently than annually, the 
        modeling tool or tools described in subsection (a) shall be 
        reviewed to determine if an update is required to reflect the 
        best available data and science.
            (2) Updates.--If it is determined that an update is 
        required under paragraph (1), the update shall be made not 
        later than 1 year after the date of that determination.
    (e) Partners.--
            (1) In general.--In analyzing data, conducting research, 
        and developing and maintaining the modeling tool or tools under 
        subsection (a), the Secretary may partner with--
                    (A) an Institution described in paragraph (2);
                    (B) an institution of higher education with 
                expertise in predictive modeling, large-scale data 
                collection, soil carbon research, or agricultural land 
                management to mitigate climate change; or
                    (C) a Federal research center.
            (2) Institutions described.--An Institution referred to in 
        paragraph (1)(A) is any of the following:
                    (A) An 1862 Institution (as defined in section 2 of 
                the Agricultural Research, Extension, and Education 
                Reform Act of 1998 (7 U.S.C. 7601)).
                    (B) An 1890 Institution (as defined in that 
                section).
                    (C) A 1994 Institution (as defined in section 532 
                of the Equity in Educational Land-Grant Status Act of 
                1994 (7 U.S.C. 301 note; Public Law 103-382)).
    (f) Annual Report.--Not later than 2 years after the date of 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to Congress a report that--
            (1) describes the progress of the Secretary in developing 
        the modeling tool or tools under subsection (a);
            (2) contains an assessment of the accuracy with which a 
        user will be able to use the tool to determine the permanence 
        and additionality of greenhouse gas emissions reduced or carbon 
        sequestered;
            (3) describes the models and data that the Secretary has 
        developed or collected, or intends to develop or collect, as 
        applicable, for purposes of developing or maintaining the tool;
            (4) describes--
                    (A) whether it was determined that an update was 
                required under subsection (d)(1); and
                    (B) if an update was required, the specifics of the 
                update;
            (5) includes any other information that, as determined by 
        the Secretary, is relevant to--
                    (A) the efficacy of the tool;
                    (B) the intended applications of the tool; or
                    (C) the determination of--
                            (i) changes in greenhouse gas emissions or 
                        soil carbon sequestration associated with 
                        producer land-use practices; or
                            (ii)(I) estimates of the impacts of land 
                        use practices, including conservation 
                        activities, on greenhouse gas emissions and 
                        soil carbon sequestration; and
                            (II) the measurement error of the tool.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000 for each fiscal year.
                                 <all>