CHAPTER 96 —GLOBAL CLIMATE CHANGE
§6701. Global Climate Change Program
(a) Establishment
For the purpose of having within the Department of Agriculture a focal point for coordinating all issues of climate change, the Secretary of Agriculture (hereafter in this chapter referred to as the "Secretary") shall establish a Global Climate Change Program (hereafter in this section referred to as the "Program"). The Secretary shall designate a director of the Program who shall be responsible to the Secretary for carrying out the duties specified in subsections (b) and (c).
(b) General duties
The Director shall—
(1) coordinate policy analysis, long range planning, research, and response strategies relating to climate change issues;
(2) provide liaison with other Federal agencies, through the Office of Science and Technology Policy, regarding issues of climate change;
(3) inform the Department of scientific developments and policy issues relating to the effects of climate change on agriculture and forestry, including broader issues that affect the impact of climate change on the farms and forests of the United States;
(4) recommend to the Secretary alternative courses of action with which to respond to such scientific developments and policy issues; and
(5) ensure that recognition of the potential for climate change is fully integrated into the research, planning, and decision-making processes of the Department.
(c) Specific responsibilities
The Director shall—
(1) coordinate the global climate change studies required by
(2) provide, through such other agencies as the Secretary determines appropriate, competitive grants for research in climatology relating to the potential impact of climate change on agriculture;
(3) coordinate the participation of the Department in interagency climate-related activities;
(4) consult with the National Academy of Sciences and private, academic, State, and local groups with respect to climate research and related activities;
(5) represent the Department to the Office of Science and Technology Policy and coordinate the activities of the Department in response to requirements of this chapter;
(6) represent the Department on the Intergovernmental Panel on Climate Change; and
(7) review all Department budget items relating to climate change issues, including specifically the research budget to be submitted by the Secretary to the Office of Science and Technology Policy and the Office of Management and Budget.
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Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (c)(5), was in the original "this title", meaning title XXIV of
Statutory Notes and Related Subsidiaries
Short Title
§6702. Study of global climate change, agriculture, and forestry
(a) Crops
(1) In general
The Secretary shall study the effects of global climate change on agriculture and forestry. The study shall, at a minimum address—
(A) the effects of simultaneous increases in temperature and carbon dioxide on crops of economic significance;
(B) the effects of more frequent or more severe weather events on such crops;
(C) the effects of potential changes in hydrologic regimes on current crop yields;
(D) the economic effects of widespread and increased drought frequency in the south, midwest, and plains States; and
(E) changes in pest problems due to higher temperatures.
(2) Further studies
If the results of the study conducted under paragraph (1) warrant, the Secretary shall conduct further studies that address the means of mitigating the effects of global climate change on crops of economic significance that shall, at a minimum—
(A) identify whether climate change tolerance can be bred into these crops, the amount of time necessary for any such breeding, and the effects on the income of farmers;
(B) evaluate existing genetic resource and breeding programs for crops for their ability to develop new varieties that can tolerate potential climate changes; and
(C) assess the potential for the development of crop varieties that are tolerant to climate changes and other environmental stresses, such as drought, pests, and salinity.
(b) Forests
The Secretary shall conduct a study on the emissions of methane, nitrous oxide, and hydrocarbons from tropical and temperate forests, the manner in which such emissions may affect global climate change; the manner in which global climate change may affect such emissions; and the manner in which such emissions may be reduced through management practices. The study shall, at a minimum—
(1) obtain measurements of nitrous oxide, methane, and nonmethane hydrocarbons from tropical and temperate forests;
(2) determine the manner in which the nitrous oxide, methane, and nonmethane hydrocarbon emissions from temperate and tropical forest systems will respond due to climate change; and
(3) identify and address alternative management strategies for temperate and tropical forests that may mitigate any negative effects of global climate change.
(c) Reports
The Secretary shall submit reports of the studies conducted under subsections (a) and (b) within 3 and 6 years, respectively, after November 28, 1990, to the Committee on Agriculture and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate. In addition, interim reports regarding such studies shall be provided by the Secretary to such Committees annually, with recommendations for actions which may be taken to mitigate the negative effects of global climate change and to adapt to global climate changes and related phenomena.
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§6703. Repealed. Pub. L. 104–127, title VIII, §868, Apr. 4, 1996, 110 Stat. 1175
Section,
§6704. Office of International Forestry
(a) Establishment
The Secretary, acting through the Chief of the Forest Service, shall establish an Office of International Forestry within the Forest Service within six months after November 28, 1990.
(b) Deputy Chief designation
The Chief shall appoint a Deputy Chief for International Forestry.
(c) Duties
The Deputy Chief shall—
(1) be responsible for the international forestry activities of the Forest Service;
(2) coordinate the activities of the Forest Service in implementing the provisions of this chapter; and
(3) serve as Forest Service liaison to the director for the program established pursuant to
(d) Authorization of appropriations
There are authorized to be appropriated for each of fiscal years 1996 through 2018 such sums as are necessary to carry out this section.
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Editorial Notes
References in Text
This chapter, referred to in subsec. (c)(2), was in the original "this title", meaning title XXIV of
Codification
Amendments
2014—Subsec. (d).
2008—Subsec. (d).
2002—Subsec. (d).
1996—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§6705. Line item
The President's proposed budget to Congress for the first fiscal year beginning after November 28, 1990, and for each subsequent fiscal year shall specifically identify funds to be spent on Forest Service international cooperation and assistance.
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§6706. Institutes of Tropical Forestry
The Secretary is authorized and directed to establish an Institute of Tropical Forestry in Puerto Rico and an Institute of Pacific Islands Forestry (hereafter in this section referred to as the "Institutes"). The Institutes shall conduct research on forest management and natural resources that shall include—
(1) management and development of tropical forests;
(2) the relationship between climate change and tropical forests;
(3) threatened and endangered species;
(4) recreation and tourism;
(5) development of tropical forest resources on a sustained yield basis;
(6) techniques to monitor the health and productivity of tropical forests;
(7) tropical forest regeneration and restoration; and
(8) the effects of tropical deforestation on biodiversity, global climate, wildlife, soils, and water.
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§6707. Urban forestry demonstration projects
The Secretary is authorized to undertake, through the Forest Service's Northeastern Area State and Private Forestry program, a study and pilot implementation project to demonstrate the benefits of retaining and integrating forests in urban development. The focus of such a study and implementation project should be to protect the environment and associated natural resource values, for current and future generations.
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§6708. Repealed. Pub. L. 115–334, title VIII, §8301(a), Dec. 20, 2018, 132 Stat. 4840
Section,
§6709. Interagency cooperation to maximize biomass growth
The Secretary may enter into an agreement with the Secretary of Defense to develop a program to manage forests and land on Department of Defense military installations so as to maximize their potential for biomass growth and sequestering carbon dioxide.
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Editorial Notes
Amendments
2018—
§6710. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1991 through 1997, to carry out this chapter.
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Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title XXIV of
Amendments
1996—
§6711. Carbon cycle research
(a) In general
To the extent funds are made available for this purpose, the Secretary shall provide a grant to the Consortium for Agricultural Soils Mitigation of Greenhouse Gases, acting through Kansas State University, to develop, analyze, and implement, through the land grant universities described in subsection (b), carbon cycle research at the national, regional, and local levels.
(b) Land grant universities
The land grant universities referred to in subsection (a) are the following:
(1) Colorado State University.
(2) Iowa State University.
(3) Kansas State University.
(4) Michigan State University.
(5) Montana State University.
(6) Purdue University.
(7) Ohio State University.
(8) Texas A&M University.
(9) University of Nebraska.
(c) Use
Land grant universities described in subsection (b) shall use funds made available under this section—
(1) to conduct research to improve the scientific basis of using land management practices to increase soil carbon sequestration, including research on the use of new technologies to increase carbon cycle effectiveness, such as biotechnology and nanotechnology;
(2) to enter into partnerships to identify, develop, and evaluate agricultural best practices, including partnerships between—
(A) Federal, State, or private entities; and
(B) the Department of Agriculture;
(3) to develop necessary computer models to predict and assess the carbon cycle;
(4) to estimate and develop mechanisms to measure carbon levels made available as a result of—
(A) voluntary Federal conservation programs;
(B) private and Federal forests; and
(C) other land uses;
(5) to develop outreach programs, in coordination with Extension Services, to share information on carbon cycle and agricultural best practices that is useful to agricultural producers; and
(6) to collaborate with the Great Plains Regional Earth Science Application Center to develop a space-based carbon cycle remote sensing technology program to—
(A) provide, on a near-continual basis, a real-time and comprehensive view of vegetation conditions;
(B) assess and model agricultural carbon sequestration; and
(C) develop commercial products.
(d) Cooperative research
(1) In general
Subject to the availability of appropriations, the Secretary, in cooperation with departments and agencies participating in the U.S. Global Change Research Program (which may use any of their statutory authorities) and with eligible entities, may carry out research to promote understanding of—
(A) the flux of carbon in soils and plants (including trees); and
(B) the exchange of other greenhouse gases from agriculture.
(2) Eligible entities
Research under this subsection may be carried out through the competitive awarding of grants and cooperative agreements to colleges and universities (as defined in
(3) Cooperative research purposes
Research conducted under this subsection shall encourage collaboration among scientists with expertise in the areas of soil science, agronomy, agricultural economics, forestry, and other agricultural sciences to focus on—
(A) developing data addressing carbon losses and gains in soils and plants (including trees) and the exchange of methane and nitrous oxide from agriculture;
(B) understanding how agricultural and forestry practices affect the sequestration of carbon in soils and plants (including trees) and the exchange of other greenhouse gases, including the effects of new technologies such as biotechnology and nanotechnology;
(C) developing cost-effective means of measuring and monitoring changes in carbon pools in soils and plants (including trees), including computer models;
(D) evaluating the linkage between federal conservation programs and carbon sequestration;
(E) developing methods, including remote sensing, to measure the exchange of carbon and other greenhouse gases sequestered, and to evaluate leakage, performance, and permanence issues; and
(F) assessing the applicability of the results of research conducted under this subsection for developing methods to account for the impact of agricultural activities (including forestry) on the exchange of greenhouse gases.
(4) Authorization of appropriation
There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2002 through 2007.
(e) Extension projects
(1) In general
The Secretary, in cooperation with departments and agencies participating in the U.S. Global Change Research Program (which may use any of their statutory authorities), and local extension agents, experts from institutions of higher education that offer a curriculum in agricultural and biological sciences, and other local agricultural or conservation organizations, may implement extension projects (including on-farm projects with direct involvement of agricultural producers) that combine measurement tools and modeling techniques into integrated packages to monitor the carbon sequestering benefits of conservation practices and the exchange of greenhouse gas emissions from agriculture which demonstrate the feasibility of methods of measuring and monitoring—
(A) changes in carbon content and other carbon pools in soils and plants (including trees); and
(B) the exchange of other greenhouse gases.
(2) Extension project results
The Secretary may disseminate to farmers, ranchers, private forest landowners, and appropriate State agencies in each State information concerning—
(A) the results of projects under this subsection; and
(B) the manner in which the methods used in the projects might be applicable to the operations of the farmers, ranchers, private forest landowners, and State agencies.
(3) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2002 through 2007.
(f) Administrative costs
Not more than 3 percent of the funds made available for this section may be used by the Secretary to pay administrative costs incurred in carrying out this section.
(g) Authorization of appropriations
There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2007 through 2012.
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Editorial Notes
Codification
Section was enacted as part of the Agricultural Risk Protection Act of 2000, and not as part of the Global Climate Change Prevention Act of 1990 which comprises this chapter.
Amendments
2008—Subsec. (g).
2002—Subsec. (a).
Subsecs. (d), (e).
Subsec. (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§6712. Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program
(a) Definitions
In this section:
(1) Advisory Council
The term "Advisory Council" means the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program Advisory Council established under subsection (f)(1).
(2) Agriculture or forestry credit
The term "agriculture or forestry credit" means a credit representing an amount of greenhouse gas emissions from an agricultural or forestry activity that are prevented, reduced, or mitigated (including through the sequestration of carbon) as a result of an agricultural or forestry activity.
(3) Beginning, socially disadvantaged, limited resource, or veteran farmer, rancher, or private forest landowner
The term "beginning, socially disadvantaged, limited resource, or veteran farmer, rancher, or private forest landowner" means a farmer, rancher, or private forest landowner who is—
(A) a beginning farmer or rancher (as defined in
(B) a socially disadvantaged farmer or rancher (as defined in
(C) a limited resource farmer or rancher (as defined in section 1470.3 of title 7, Code of Federal Regulations (or successor regulations)); or
(D) a veteran farmer (as defined in
(4) Covered entity
The term "covered entity" means a person or entity, including a private business, non-profit organization, or public agency, 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 prevent, reduce, or mitigate greenhouse gas emissions (including through the sequestration of 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 Program established under subsection (b).
(7) Protocol
The term "protocol" means a systematic approach for generating an agriculture or forestry credit, which follows a transparent and thorough science-based methodology (including 1 or more baseline scenarios)—
(A) for the development of projects to prevent, reduce, or mitigate greenhouse gas emissions (including projects to sequester carbon); and
(B) for demonstrating how to quantify, monitor, report, and verify the prevention, reduction, or mitigation of greenhouse gas emissions by projects described in subparagraph (A).
(8) Socially disadvantaged group
The term "socially disadvantaged group" has the meaning given that term in
(9) Technical assistance
The term "technical assistance" means technical expertise, information, and tools 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 (including a project to sequester carbon), as necessary 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.
(b) Establishment of program
(1) Determination
(A) In general
Not later than 270 days after December 29, 2022, the Secretary shall make a determination of whether establishing a voluntary program to register covered entities that carry out activities described in subsection (c)(2) will further each of the following purposes:
(i) Facilitating the participation of farmers, ranchers, and private forest landowners in voluntary environmental credit markets.
(ii) Facilitating the provision of technical assistance, through covered entities, to farmers, ranchers, and private forest landowners to help overcome barriers to entry into voluntary environmental credit markets.
(iii) Ensuring that participating farmers, ranchers, and private forest landowners receive fair distribution of revenues derived from the sale of an agriculture or forestry credit.
(iv) Increasing access for farmers, ranchers, and private forest landowners to resources relating to existing voluntary environmental credit markets, including information relating to the basic market structure and the various roles and qualifications of different parties.
(B) Considerations
In making the determination under this paragraph, the Secretary shall consider the results of the assessment conducted under subsection (g)(2)(A) and any other relevant information.
(2) Establishment
If the Secretary determines under paragraph (1) that establishing such a program will further such purposes, the Secretary shall establish a voluntary program, to be known as the "Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program", to register covered entities that carry out activities described in subsection (c).
(3) Report
Not later than 90 days after making the determination under paragraph (1), the Secretary shall publish a report describing the reasons for such determination, including how establishing a program under this subsection would or would not further each of the purposes described in paragraph (1)(A).
(c) Protocols, qualifications, and activities
(1) Widely accepted protocols and qualifications
After providing public notice and at least a 60-day period for public comment, but not later than 90 days after the date on which the Program is established, the Secretary shall publish—
(A) a list of, and documents relating to, widely accepted protocols that are designed to ensure consistency, reliability, effectiveness, efficiency, and transparency of voluntary environmental credit markets, including protocol documents and details relating to—
(i) calculations;
(ii) sampling methodologies;
(iii) voluntary environmental credit 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 widely accepted qualifications possessed by covered entities that provide technical assistance to farmers, ranchers, and private forest landowners.
(2) Activities
A covered entity may register under the Program with respect to technical assistance or process verification the covered entity carries out for activities that prevent, reduce, or mitigate greenhouse gas emissions, including—
(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) Inclusions
In publishing the list of widely accepted protocols and the descriptions of widely accepted qualifications under paragraph (1), the Secretary, in consultation with the Advisory Council, shall include 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.
(4) Periodic review
As appropriate, the Secretary shall periodically review and revise the list and descriptions published under paragraph (1) to include any additional protocols or qualifications described in paragraph (3).
(d) Registration, website, and publication of lists
(1) Registration list
(A) In general
Not later than 1 year after establishing the Program, the Secretary shall publish, through a website maintained by the Secretary, a registration list consisting of a list of covered entities that have submitted information to the Secretary, which list the Secretary shall regularly update.
(B) Registration
A covered entity may register under the Program to be included on the registration list by submitting to the Secretary, through a website maintained by the Secretary, information that—
(i) shall include—
(I) the region in which the covered entity provides its services;
(II) whether the covered entity is a technical assistance provider or a verifier; and
(III) the protocols in which the covered entity has proficiency; and
(ii) may include additional information that—
(I) has been identified by the Advisory Council in its initial assessment under subsection (g)(1) to ensure certainty for producers in the marketplace for agriculture or forestry credits; and
(II) the Secretary determines is appropriate for inclusion.
(2) 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) information describing how covered entities may register under the Program in accordance with paragraph (1);
(B) a list of the widely accepted protocols and qualifications published by the Secretary under subsection (c)(1); and
(C) 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 registered 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.
(3) Programmatic integrity
The Secretary shall ensure, to the maximum extent practicable, that covered entities registered under the Program—
(A) act in good faith to provide realistic estimates of costs and revenues relating to activities and verification of processes described in subsection (c)(2), as applicable to the covered entity; and
(B) demonstrate expertise in, and are able to perform in accordance with, best management practices for agricultural and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions (including through the sequestration of carbon).
(4) Removal from registration list
(A) In general
(i) Removal
The Secretary shall remove a covered entity from the registration list under the Program if the Secretary determines that the covered entity has not acted in accordance with—
(I) the information provided by the entity under paragraph (1)(B); or
(II) best management practices for agricultural and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions (including through the sequestration of carbon).
(ii) Determination
The Secretary may make a determination under clause (i)—
(I) based on a periodic review of a representative sample of covered entities, which shall occur not less frequently than once each year; or
(II) as necessary.
(B) Appeal of removal
(i) In general
A covered entity that has been removed from the registration list pursuant to subparagraph (A) may appeal the determination to the Secretary.
(ii) Re-registration
A covered entity that appeals a determination under clause (i) may re-register under the Program if the covered entity successfully proves, as determined by the Secretary, that the covered entity has acted in accordance with, as applicable—
(I) the information provided by the entity under paragraph (1)(B); and
(II) best management practices for agricultural and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions (including through the sequestration of carbon).
(C) Notification
If the Secretary removes a covered entity from the registration list pursuant to subparagraph (A), to the extent practicable, the Secretary shall—
(i) request from that covered entity contact information for all farmers, ranchers, and private forest landowners to which the covered entity provided technical assistance or the verification of the processes described in protocols of voluntary environmental credit markets; and
(ii) notify those farmers, ranchers, and private forest landowners of the removal.
(5) Savings clause
Nothing in this section authorizes the Secretary to compel a farmer, rancher, or private forest landowner to participate in a transaction or project facilitated by a covered entity certified under paragraph (1).
(e) Submission of fraudulent information or claims
(1) In general
A person or entity, regardless of whether the person or entity is registered under the Program, shall not make a fraudulent submission under subsection (d) or make a fraudulent claim regarding the presence of that person or entity on the registration list published under such subsection.
(2) Penalty
Any person or entity that violates paragraph (1) shall be—
(A) subject to a civil penalty equal to such amount as the Secretary determines to be appropriate, not to exceed $1,000 per violation; and
(B) ineligible to register under the Program for the 5-year period beginning on the date of the violation.
(f) Greenhouse Gas Technical Assistance Provider and Third-Party Verifier 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 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;
(ii) include beginning, socially disadvantaged, limited resource, and veteran farmers, ranchers, and private forest landowners; and
(iii) 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
(vii) not more than 2 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, of which not fewer than 1 shall represent the interests of socially disadvantaged groups;
(ix) not more than 3 members of private sector entities or organizations that participate in voluntary environmental credit markets; and
(x) any other individual whom the Secretary determines to be necessary to ensure that the Advisory Council is composed of a diverse group of representatives of industry, academia, independent researchers, and public and private entities.
(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) General duties
The Advisory Council shall—
(A) periodically review and recommend any appropriate changes to—
(i) the list of protocols and description of qualifications published by the Secretary under subsection (c)(1); and
(ii) the activities described in subsection (c)(1)(B);
(B) make recommendations to the Secretary regarding the best practices that should be included in the protocols, description of qualifications, and activities 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, or mitigation of greenhouse gas emissions (including the sequestration of carbon);
(ii) means to reduce barriers to entry in the business of providing technical assistance or the verification of the processes described in protocols of voluntary environmental credit markets for covered entities, including by improving technical assistance provided by the Secretary;
(iii) means to reduce 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;
(iv) issues relating to land and asset ownership in light of evolving voluntary environmental credit markets; and
(v) additional means to reduce barriers to entry in voluntary environmental credit markets for farmers, ranchers, and private forest landowners, particularly for beginning, socially disadvantaged, limited resource, and veteran 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
(ii) may call into question the integrity of the Advisory Council, the Program, or the technical assistance or verification activities described under subsection (c)(2).
(7) FACA applicability
The Advisory Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.),1 except that section 14(a)(2) of that Act shall not apply.
(g) Assessment
(1) Initial assessment
Not later than 90 days after the Advisory Council holds an initial meeting, the Advisory Council shall submit to the Secretary, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate an initial assessment that examines ways to ensure certainty for farmers, ranchers, or private forest landowners in the marketplace for agriculture or forestry credits, including identification of any information that may be appropriate for entities to provide when registering under subsection (d)(1)(B).
(2) General assessment
Not later than 240 days after December 29, 2022, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall—
(A) conduct an assessment, which incorporates 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 development, generation, or sale of 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)(iii);
(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 barriers to entry into voluntary environmental credit markets for beginning, socially disadvantaged, limited resource, and veteran farmers, ranchers, and private forest landowners, and the extent to which existing protocols of voluntary environmental credit markets allow for aggregation of projects among farmers, ranchers, and private forest landowners;
(viii) the extent to which the existing regimes for generating and selling agriculture or forestry credits (as the regimes exist at the end of the preceding 4-calendar year period, and historically), and existing voluntary environmental credit markets, may be impeded or constricted, or achieve greater scale and reach, if the Department of Agriculture were involved, including involvement in education described in clause (ix);
(ix) the extent to which Department of Agriculture education of stakeholders about voluntary environmental credit markets would benefit those stakeholders, including whether that education would reduce barriers to entry identified under clause (v);
(x) the extent to which existing protocols of 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 gas emissions (including by sequestering carbon) through agriculture and forestry practices, considering variances across regions, topography, soil types, crop or species varieties, and business models;
(xi) the extent to which existing protocols of 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
(xii) 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 the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives.
(3) Quadriennial assessment
The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Advisory Council, shall conduct the assessment described in paragraph (2)(A) and publish and submit such assessment in accordance with subparagraphs (B) and (C) of paragraph (2) every 4 years after the publication and submission of the first assessment under subparagraphs (B) and (C) of paragraph (2).
(h) 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) personally identifiable information, including in a contract or service agreement, of a farmer, rancher, or private forest landowner, obtained by the Secretary under subsection (d)(4)(C)(i); and
(II) confidential business information in a contract or service agreement of a farmer, rancher, or private forest landowner obtained by the Secretary under subsection (d)(4)(C)(i).
(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 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.
(i) 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 2023 through 2027.
(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 (
(B) Appropriation
If such unobligated amounts are available to execute the rescission under subparagraph (A), on the day after the execution of the rescission, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $4,100,000 to carry out this section to remain available for fiscal years 2023 through 2027.
(3) Prohibition
None of the funds of the Commodity Credit Corporation shall be used to carry out this section.
(j) Rule of construction
Nothing in this section shall be construed to provide authority to the Secretary for the establishment or operation of a Federal market through which agriculture or forestry credits may be bought or sold.
(
Editorial Notes
References in Text
Act of August 30, 1890, referred to in subsec. (f)(2)(C)(vi), is act Aug. 30, 1890, ch. 841,
The Federal Advisory Committee Act, referred to in subsec. (f)(7), is
Section 1003 of the American Rescue Plan Act of 2021, referred to in subsec. (i)(2)(A), is section 1003 of
Codification
Section was enacted as part of the Consolidated Appropriations Act, 2023, and not as part of the Global Climate Change Prevention Act of 1990 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
"Secretary" means the Secretary of Agriculture, see section 101 of div. HH of