[Congressional Record Volume 161, Number 12 (Monday, January 26, 2015)]
[Senate]
[Pages S472-S473]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 144. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FOREST CARBON INCENTIVES PROGRAM.

       (a) Definitions.--In this section:
       (1) Climate mitigation contract; contract.--The term 
     ``climate mitigation contract'' or ``contract'' means a 15-
     year contract that specifies--
       (A) the eligible practices that will be undertaken;
       (B) the acreage of eligible land on which the practices 
     will be undertaken;
       (C) the agreed rate of compensation per acre; and
       (D) a schedule to verify that the terms of the contract 
     have been fulfilled.
       (2) Conservation easement agreement; agreement.--The term 
     ``conservation easement agreement'' or ``agreement'' means a 
     permanent conservation easement that--
       (A) covers eligible land that will not be converted for 
     development;
       (B) is enrolled under a climate mitigation contract; and
       (C) is consistent with the guidelines for--
       (i) the Forest Legacy Program established under section 7 
     of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2103c); or
       (ii) any other program approved by the Secretary for use 
     under this section to provide consistency with Federal legal 
     requirements for permanent conservation easements.
       (3) Eligible land.--The term ``eligible land'' means forest 
     land in the United States that is privately owned at the time 
     of initiation of a climate mitigation contract or 
     conservation easement agreement.
       (4) Eligible practice.--The term ``eligible practice'' 
     means a forestry practice, including improved forest 
     management that produces marketable forest products, that is 
     determined by the Secretary to provide measurable increases 
     in carbon sequestration and storage beyond customary 
     practices on comparable land.
       (5) Forest carbon incentives program; program.--The term 
     ``forest carbon incentives program'' or ``program'' means the 
     forest carbon incentives program established under subsection 
     (b)(1).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Supplemental Greenhouse Gas Emission Reductions in 
     United States.--
       (1) In general.--The Secretary shall establish a forest 
     carbon incentives program to achieve supplemental greenhouse 
     gas emission reductions and carbon sequestration on private 
     forest land of the United States through--
       (A) climate mitigation contracts; and
       (B) conservation easement agreements.
       (2) Priority.--In selecting projects under this subsection, 
     the Secretary shall provide a priority for contracts and 
     agreements--
       (A) that sequester the most carbon on a per acre basis; and
       (B) that create forestry jobs or protect habitats and 
     achieve significant other environmental, economic, and social 
     benefits.
       (3) Eligibility.--
       (A) In general.--To participate in the program, an owner of 
     eligible land shall enter into a climate mitigation contract.
       (B) Relationship to other programs.--An owner or operator 
     shall not be prohibited from participating in the program due 
     to participation of the owner or operator in other Federal or 
     State conservation assistance programs.
       (4) Reversals.--In developing regulations for climate 
     mitigation contracts under this subsection, the Secretary 
     shall specify requirements to address intentional or 
     unintentional reversal of carbon sequestration during the 
     contract and agreement period.
       (c) Incentive Payments.--
       (1) In general.--The Secretary shall provide to owners of 
     eligible land financial incentive payments for--
       (A) eligible practices that measurably increase carbon 
     sequestration and storage over a designated period on 
     eligible land, as specified through a climate mitigation 
     contract; and
       (B) subject to paragraph (2), conservation easements on 
     eligible land covered under a conservation easement 
     agreement.
       (2) No conservation easement agreement required.--
     Eligibility for financial incentive payments under a climate 
     mitigation contract described in paragraph (1)(A) shall not 
     require a conservation easement agreement.
       (d) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     that specify eligible practices and related compensation 
     rates, standards, and guidelines as the basis for entering 
     into the program with owners of eligible land.
       (e) Set-aside of Funds for Certain Purposes.--
       (1) In general.--At the discretion of the Secretary, a 
     portion of program funds made available under this program 
     for a fiscal year may be used--
       (A) to develop forest carbon modeling and methodologies 
     that will improve the projection of carbon gains for any 
     forest practices made eligible under the program;
       (B) to provide additional incentive payments for specified 
     management activities

[[Page S473]]

     that increase the adaptive capacity of land under a climate 
     mitigation contract; and
       (C) for the Forest Inventory and Analysis Program of the 
     Forest Service to develop improved measurement and monitoring 
     of forest carbon stocks.
       (2) Program components.--In establishing the program, the 
     Secretary shall provide that funds provided under this 
     section shall not be substituted for, or otherwise used as a 
     basis for reducing, funding authorized or appropriated under 
     other programs to compensate owners of eligible land for 
     activities that are not covered under the program.
       (f) Program Measurement, Monitoring, Verification, and 
     Reporting.--
       (1) Measurement, monitoring, and verification.--The 
     Secretary shall establish and implement protocols that 
     provide monitoring and verification of compliance with the 
     program, including both direct and indirect effects and any 
     reversal of sequestration.
       (2) Reporting requirement.--At least annually, the 
     Secretary shall submit to Congress a report that contains--
       (A) an estimate of annual and cumulative reductions 
     achieved as a result of the program, determined using 
     standardized measures, including measures of economic 
     efficiency;
       (B) a summary of any changes to the program that will be 
     made as a result of program measurement, monitoring, and 
     verification;
       (C) the total number of acres enrolled in the program by 
     method; and
       (D) a State-by-State summary of the data.
       (3) Availability of report.--Each report required by this 
     subsection shall be available to the public through the 
     website of the Department of Agriculture.
       (4) Program adjustments.--At least once every 2 years the 
     Secretary shall adjust eligible practices and compensation 
     rates for future climate mitigation contracts based on the 
     results of monitoring under paragraph (1) and reporting under 
     paragraph (2).
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary.
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