[Congressional Record Volume 167, Number 108 (Tuesday, June 22, 2021)]
[Senate]
[Pages S4701-S4704]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2119. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 1251, 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; which was ordered to lie on the table; as follows:

        Strike all after the enacting clause and insert the 
     following:

     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 TRANSPARENCY PROGRAM.

       (a) Purposes.--The purposes of this section are--
       (1) to increase access to informational resources for 
     farmers, ranchers, and private forest landowners regarding 
     voluntary environmental credit markets, including through the 
     Program;
       (2) to provide informational resources relating to 
     technical assistance through covered entities to farmers, 
     ranchers, and private forest landowners in overcoming 
     barriers to entry into voluntary environmental credit 
     markets; and
       (3) 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 Transparency Program Advisory Council 
     established under subsection (f)(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 
     Transparency 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 resources--
       (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) demonstrating how to quantify, monitor, report, and 
     verify the prevention, reduction, or mitigation of greenhouse 
     gas

[[Page S4702]]

     emissions or carbon sequestration by projects described in 
     subparagraph (A).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (9) 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.
       (10) 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 between private sector entities.
       (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 Transparency Program'', to publicize common 
     practices and common qualifications of covered entities that 
     the Secretary determines are related to the activities 
     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 (g)(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) Common Practices of Technical Assistance Providers.--
       (1) 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--
       (A) a list of, and documents relating to, generally 
     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
       (B) descriptions of qualifications of covered entities that 
     provide assistance to farmers, ranchers, and private forest 
     landowners in accomplishing the purposes described in 
     paragraphs (1) and (2) of subsection (a).
       (2) Activities.--The activities described by the Secretary 
     under the Program shall include 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 generally recognized 
     protocols and description of qualifications under paragraph 
     (1), the Secretary, in consultation with the Advisory 
     Council, shall ensure that the descriptions for covered 
     entities to be described under the Program include 
     maintaining expertise in all relevant information relating to 
     market-based protocols, as appropriate, with regard to--
       (A) quantification;
       (B) verification;
       (C) additionality;
       (D) permanence;
       (E) reporting; and
       (F) other expertise, as determined by the Secretary in 
     consultation with the Advisory Council.
       (4) Periodic review.--As appropriate, the Secretary shall 
     periodically review and revise the list of generally accepted 
     protocols and description of qualifications published under 
     paragraph (1) to include any additional protocols or 
     qualifications that meet the requirements described in 
     paragraph (3).
       (e) Website and Publication of Lists.--
       (1) 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) the generally accepted protocols and description of 
     qualifications published by the Secretary under subsection 
     (d)(1); and
       (B) 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 described 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.
       (2) Publication.--
       (A) In general.--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, shall 
     use an existing website maintained by the Secretary to 
     publish--
       (i) a list of covered entities self-identified as technical 
     assistance providers; and
       (ii) a list of covered entities self-identified as 
     verifiers of the processes described in protocols for 
     voluntary environmental credit markets.
       (B) Prohibition on claims.--
       (i) In general.--A person, regardless of whether the person 
     is described under the Program, 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.
       (ii) Penalty.--Any person that violates clause (i) shall be 
     subject to a civil penalty equal to such amount as the 
     Secretary determines to be appropriate, not to exceed $1,000 
     per violation.
       (3) Updates.--Not less frequently than quarterly, the 
     Secretary, in consultation with the Advisory Council, shall 
     update the lists published under paragraph (2)(A).
       (4) Submission.--The Secretary shall notify Congress of the 
     publication of the initial list under paragraph (2)(A).
       (5) Savings clause.--Nothing in this section authorizes the 
     Secretary--
       (A) to compel a farmer, rancher, or private forest 
     landowner to participate in a transaction or project 
     facilitated by a covered entity described under the Program; 
     or
       (B) to act as a covered entity.
       (f) Greenhouse Gas Technical Assistance Provider and Third-
     Party Verifier Transparency 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 Transparency 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; and
       (ii) 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 fewer than 12 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; and

[[Page S4703]]

       (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.
       (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 the list of generally recognized protocols and 
     description of qualifications published by the Secretary 
     under subsection (d)(1);
       (B) make recommendations to the Secretary regarding the 
     best practices that should be included in the descriptions of 
     generally recognized protocols and qualifications 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 describing covered 
     entities under the Program;
       (iii) means to reduce Federal 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;
       (iv) means to reduce Federal 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.
       (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.
       (g) 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 (f)(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 Federal barriers to entry into 
     voluntary environmental credit markets for small and 
     beginning 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) the potential impact of Department of Agriculture 
     activities on supply and demand of agriculture or forestry 
     credits;
       (ix) 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;
       (x) 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
       (xi) 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 Congress, the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate, and the 
     Committee on Agriculture of the House of Representatives.
       (2) Quadrennial 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).
       (h) 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) a review of the outcomes of the Program, including--
       (A) the ability of farmers, ranchers, and private forest 
     landowners, including small and beginning farmers, ranchers, 
     and private forest landowners, to develop agriculture or 
     forestry credits through covered entities described 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
       (2) any recommendations for improvements to the Program.
       (i) 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 (g) or (h);
       (II) personally identifiable information, including in a 
     contract or service agreement, of a farmer, rancher, or 
     private forest landowner, obtained by the Secretary under 
     this section; and
       (III) confidential business information in a contract or 
     service agreement of a farmer, rancher, or private forest 
     landowner obtained by the Secretary under this section.

       (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

[[Page S4704]]

     person who supplied or is the subject of the particular 
     information.
       (2) Exception.--Paragraph (1) shall not prohibit the 
     disclosure 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.
       (j) 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.

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