[Congressional Record Volume 155, Number 136 (Thursday, September 24, 2009)]
[Senate]
[Pages S9848-S9850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mr. Baucus, Mr. Hatch, Mr. Tester, and 
        Mr. Udall of New Mexico):
  S. 1713. 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; to the 
Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1713

       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;
       (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

[[Page S9849]]

     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;
       (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

[[Page S9850]]

       (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.
                                 ______