II 

116TH CONGRESS 

2D SESSION S. 3894 

To authorize the Secretary of Agriculture to develop a program to reduce 

barriers to entry for farmers, ranchers, and private forest landowners 

in certain private markets, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2020 

Mr. BRAUN (for himself, Ms. STABENOW, Mr. GRAHAM, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To authorize the Secretary of Agriculture to develop a program to reduce barriers to entry for farmers, ranchers, 

and private forest landowners in certain private markets, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Growing Climate Solu5 tions Act of 2020’’. 


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1 SEC. 2. GREENHOUSE GAS TECHNICAL ASSISTANCE PRO2 VIDER AND THIRD-PARTY VERIFIER CERTIFI3 CATION PROGRAM. 

4 Chapter 5 of subtitle D of title XII of the Food Secu5 rity Act of 1985 is amended by inserting after section 

6 1240M (16 U.S.C. 3839bb) the following: 

7 ‘‘SEC. 1240N. GREENHOUSE GAS TECHNICAL ASSISTANCE 

8 PROVIDER AND THIRD-PARTY VERIFIER CER9 TIFICATION PROGRAM. 

10 ‘‘(a) PURPOSES.—The purposes of this section are— 

11 ‘‘(1) to encourage sustainable, climate-friendly 

12 farming and forestry practices by providing to farm13 ers, ranchers, and private forest landowners access 

14 to private-sector capital; 

15 ‘‘(2) to facilitate the participation of farmers, 

16 ranchers, and private forest landowners in green17 house gas credit markets, including through the Pro18 gram; 

19 ‘‘(3) to provide technical assistance to farmers, 

20 ranchers, and private forest landowners in over21 coming barriers to entry into greenhouse gas credit 

22 markets; 

23 ‘‘(4) to assist covered entities in registering 

24 under the Program; and 


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1 ‘‘(5) to establish the Advisory Council to advise 

2 the Secretary regarding the Program and other re3 lated matters. 

4 ‘‘(b) DEFINITIONS.—In this section: 

5 ‘‘(1) ADVISORY COUNCIL.—The term ‘Advisory 

6 Council’ means the Greenhouse Gas Technical As7 sistance Provider and Third-Party Verifier Certifi8 cation Program Advisory Council established under 

9 subsection (g)(1). 

10 ‘‘(2) COVERED ENTITY.—The term ‘covered en11 tity’ means a person or State that— 

12 ‘‘(A) is a provider of a technical assistance 

13 to farmers, ranchers, or private forest land14 owners in carrying out sustainable land use 

15 management practices that, as compared to tra16 ditional practices— 

17 ‘‘(i) prevent or mitigate greenhouse 

18 gas emissions; or 

19 ‘‘(ii) sequester carbon; or 

20 ‘‘(B) is a third-party entity that conducts 

21 the verification of the processes described in 

22 protocols for greenhouse gas credit markets. 

23 ‘‘(3) GREENHOUSE GAS.—The term ‘greenhouse 

24 gas’ means— 

25 ‘‘(A) carbon dioxide; 


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1 ‘‘(B) methane; 

2 ‘‘(C) nitrous oxide; and 

3 ‘‘(D) any other gas that the Secretary, in 

4 consultation with the Advisory Council, deter5 mines has been identified to have heat trapping 

6 qualities. 

7 ‘‘(4) PROGRAM.—The term ‘Program’ means 

8 the Greenhouse Gas Technical Assistance Provider 

9 and Third-Party Verifier Certification Program es10 tablished under subsection (c). 

11 ‘‘(5) PROTOCOL.—The term ‘protocol’ means a 

12 systematic approach that follows a science-based 

13 methodology that is conservative, transparent, and 

14 thorough to establish requirements— 

15 ‘‘(A) for the development of the 1 or more 

16 baseline scenarios for a project to reduce green17 house gas emissions or sequester carbon; and 

18 ‘‘(B) to quantify, monitor, report, and 

19 verify emissions reductions or sequestration by 

20 a project described in subparagraph (A). 

21 ‘‘(6) TECHNICAL ASSISTANCE.—The term ‘tech22 nical assistance’ means technical expertise, informa23 tion, and tools necessary for activities carried out 

24 under this section. 


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1 ‘‘(c) ESTABLISHMENT OF PROGRAM.—The Secretary 

2 shall establish a voluntary program, to be known as the 

3 ‘Greenhouse Gas Technical Assistance Provider and 

4 Third-Party Verifier Certification Program’, to certify 

5 covered entities that the Secretary determines meet the 

6 standards described in subsection (d). 

7 ‘‘(d) STANDARDS.— 

8 ‘‘(1) IN GENERAL.—The Secretary, in consulta9 tion with the Advisory Council, shall publish a list 

10 and description of standards that accomplish the 

11 purposes described in paragraphs (1) and (2) of sub12 section (a) and are taken from widely used industry 

13 protocols for greenhouse gas credit markets (includ14 ing calculations, sampling methodologies, accounting 

15 principles, systems for verification, monitoring, and 

16 reporting, and methods to account for additionality, 

17 permanence, and leakage, where appropriate) that 

18 covered entities registered under the Program shall 

19 maintain expertise in and adhere to, as appropriate, 

20 for— 

21 ‘‘(A) the provision of technical assistance 

22 to farmers, ranchers, and private forest land23 owners for carrying out activities described in 

24 paragraph (2); and 


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1 ‘‘(B) the verification of the processes de2 scribed in protocols for greenhouse gas credit 

3 markets that are used in carrying out activities 

4 described in paragraph (2). 

5 ‘‘(2) ACTIVITIES.—The activities referred to in 

6 paragraph (1) are current and future activities that 

7 reduce greenhouse gas emissions or sequester carbon 

8 as compared to traditional practices, which may in9 clude— 

10 ‘‘(A) land or soil carbon sequestration; 

11 ‘‘(B) emissions reductions derived from 

12 fuel choice or reduced fuel use; 

13 ‘‘(C) livestock emissions reductions, includ14 ing emissions reductions achieved through feeds 

15 and feed additives; 

16 ‘‘(D) on-farm energy generation, including 

17 fuel switching; 

18 ‘‘(E) energy feedstock production; 

19 ‘‘(F) fertilizer use emissions reductions; 

20 ‘‘(G) reforestation; 

21 ‘‘(H) forest management, including im22 proving harvesting practices and thinning dis23 eased trees; 

24 ‘‘(I) avoidance of the conversion of forests; 


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1 ‘‘(J) grassland management, including pre2 scribed grazing; and 

3 ‘‘(K) such other activities, or combinations 

4 of activities, that the Secretary, in consultation 

5 with the Advisory Council, determine to be ap6 propriate. 

7 ‘‘(3) REQUIREMENTS.—In publishing the list 

8 and description of standards under paragraph (1), 

9 the Secretary, in consultation with the Advisory 

10 Council, shall— 

11 ‘‘(A) ensure that the standards include all 

12 relevant information relating to market-based 

13 protocols with regard to— 

14 ‘‘(i) quantification; 

15 ‘‘(ii) verifiability; 

16 ‘‘(iii) additionality, as compared to a 

17 historical baseline; and 

18 ‘‘(iv) permanence; 

19 ‘‘(B) ensure that the standards include re20 quirements for covered entities registered under 

21 the Program to demonstrate expertise in best 

22 management practices for agricultural and for23 estry practices that increase carbon sequestra24 tion or reduce greenhouse gas emissions; and 


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1 ‘‘(C) periodically review and revise the list 

2 and description, as appropriate, to include any 

3 additional standards that meet the require4 ments described in subparagraphs (A) and (B). 

5 ‘‘(e) REGISTRATION AND PUBLICATION OF LISTS.— 

6 ‘‘(1) REGISTRATION.—A covered entity may 

7 self-register under the Program by submitting to the 

8 Secretary, through a website maintained by the Sec9 retary, a notification that the covered entity will 

10 maintain expertise in and adhere to the standards 

11 published by the Secretary under subsection (d)(1). 

12 ‘‘(2) SOLICITATION.—Not later than 180 days 

13 after the date on which the Secretary establishes the 

14 Program, the Secretary shall publish— 

15 ‘‘(A) information describing how covered 

16 entities may self-register under the Program in 

17 accordance with paragraph (1); 

18 ‘‘(B) the standards published by the Sec19 retary under subsection (d)(1); and 

20 ‘‘(C) instructions and suggestions to assist 

21 farmers, ranchers, and private forest land22 owners in accessing greenhouse gas credit mar23 kets, including— 

24 ‘‘(i) through the Program; and 


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1 ‘‘(ii) by providing information relating 

2 to programs, registries, and protocols of 

3 programs and registries that provide mar4 ket-based participation opportunities for 

5 working and conservation agricultural and 

6 forestry lands. 

7 ‘‘(3) PUBLICATION.—Not later than 1 year 

8 after the date on which the Secretary establishes the 

9 Program, the Secretary, in consultation with the Ad10 visory Council, shall use an existing website main11 tained by the Secretary to publish— 

12 ‘‘(A) a list of covered entities that are reg13 istered under paragraph (1) as verifiers of the 

14 processes described in protocols for greenhouse 

15 gas credit markets; and 

16 ‘‘(B) a list of covered entities that are reg17 istered under paragraph (1) as technical assist18 ance providers. 

19 ‘‘(4) UPDATES.—Not less frequently than annu20 ally, the Secretary, in consultation with the Advisory 

21 Council, shall update the lists published under para22 graph (3). 

23 ‘‘(5) SUBMISSION.—The Secretary shall submit 

24 the list under paragraph (3), including each update 

25 under paragraph (4), to Congress. 


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1 ‘‘(6) REQUIREMENT.—To remain registered 

2 under the Program, a covered entity shall continue 

3 to maintain expertise in and adhere to the standards 

4 published by the Secretary under subsection (d)(1). 

5 ‘‘(7) AUDITING.—The Secretary shall periodi6 cally conduct audits of covered entities that are reg7 istered under the Program to ensure compliance 

8 with the standards published by the Secretary under 

9 subsection (d)(1). 

10 ‘‘(8) NOTIFICATION.—If the Secretary revokes 

11 the registration of a covered entity under the Pro12 gram for noncompliance with the standards pub13 lished by the Secretary under subsection (d)(1), to 

14 the extent practicable, the Secretary shall notify 

15 farmers, ranchers, and private forest landowners to 

16 which the covered entity provided technical assist17 ance or the verification of the processes described in 

18 protocols for greenhouse gas credit markets of the 

19 revocation. 

20 ‘‘(f) ENFORCEMENT.— 

21 ‘‘(1) PROHIBITION ON CLAIMS.— 

22 ‘‘(A) IN GENERAL.—A person that is not 

23 registered under the Program shall not know24 ingly make a claim that the person is a ‘USDA25 certified technical assistance provider or thirdVerDate Sep 11 2014 17:47 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3894.IS S3894

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1 party verifier for greenhouse gas credit mar2 kets’ or any substantially similar claim. 

3 ‘‘(B) PENALTY.—Any person that violates 

4 subparagraph (A) shall be subject to a civil 

5 penalty equal to such amount as the Secretary 

6 determines to be appropriate. 

7 ‘‘(2) PROHIBITION ON SUBMISSION OF FRAUDU8 LENT INFORMATION.— 

9 ‘‘(A) IN GENERAL.—A person, regardless 

10 of whether the person is registered under the 

11 program, shall not submit fraudulent informa12 tion as part of a notification under subsection 

13 (e)(1). 

14 ‘‘(B) PENALTY.—Any person that violates 

15 subparagraph (A) shall be subject to a civil 

16 penalty equal to such amount as the Secretary 

17 determines to be appropriate. 

18 ‘‘(g) GREENHOUSE GAS TECHNICAL ASSISTANCE

19 PROVIDER AND THIRD-PARTY VERIFIER CERTIFICATION

20 PROGRAM ADVISORY COUNCIL.— 

21 ‘‘(1) IN GENERAL.—Not later than 90 days 

22 after the date on which the Secretary establishes the 

23 Program, the Secretary shall establish an advisory 

24 council, to be known as the ‘Greenhouse Gas TechVerDate Sep 11 2014 17:47 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3894.IS S3894

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1 nical Service Assistance and Third-Party Verifier 

2 Certification Program Advisory Council’. 

3 ‘‘(2) MEMBERSHIP.— 

4 ‘‘(A) IN GENERAL.—The Advisory Council 

5 shall be composed of not fewer than 24 mem6 bers, who shall be appointed by the Secretary. 

7 ‘‘(B) REPRESENTATION.—Members ap8 pointed under subparagraph (A) shall include— 

9 ‘‘(i) not fewer than 1 representative of 

10 the Environmental Protection Agency, as 

11 determined by the Administrator of the 

12 Environmental Protection Agency; 

13 ‘‘(ii) not fewer than 10 representatives 

14 of the agriculture industry appointed in a 

15 manner that is broadly representative of 

16 the agriculture sector; 

17 ‘‘(iii) not fewer than 3 representatives 

18 from the forestry and forest products in19 dustry appointed in a manner that is 

20 broadly representative of the forestry sec21 tor; 

22 ‘‘(iv) not fewer than 4 representatives 

23 of the relevant scientific research commu24 nity, including not fewer than 1 represent25 ative from land-grant colleges and univerVerDate Sep 11 2014 17:47 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3894.IS S3894

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1 sities (as defined in section 1404 of the 

2 National Agricultural Research, Extension, 

3 and Teaching Policy Act of 1977 (7 U.S.C. 

4 3103)); 

5 ‘‘(v) not fewer than 2, and not more 

6 than 3, experts or professionals familiar 

7 with private greenhouse gas credit markets 

8 and the verification requirements in those 

9 markets; 

10 ‘‘(vi) not fewer than 2, and not more 

11 than 3, members of nongovernmental or 

12 civil society organizations with relevant ex13 pertise; 

14 ‘‘(vii) not fewer than 2, and not more 

15 than 3, members of private sector compa16 nies or impact investors who are current 

17 and likely future purchasers of or investors 

18 in domestic greenhouse gas credits in vol19 untary markets and compliance markets 

20 that are derived from projects that achieve 

21 greenhouse gas mitigation or carbon se22 questration through practices on agricul23 tural land or private forest land; and 

24 ‘‘(viii) any other individual whom the 

25 Secretary determines to be necessary to 


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1 ensure that the Advisory Council is com2 posed of a diverse group of representatives 

3 of industry, academia, independent re4 searchers, and public and private entities. 

5 ‘‘(C) CHAIR.—The Secretary shall des6 ignate a member of the Advisory Council to 

7 serve as the Chair. 

8 ‘‘(D) TERMS.—The term of a member of 

9 the Advisory Council shall be 5 years, which 

10 may be renewed for 1 additional 5-year term. 

11 ‘‘(3) MEETINGS.— 

12 ‘‘(A) FREQUENCY.—The Advisory Council 

13 shall meet not less frequently than annually, at 

14 the call of the Chair. 

15 ‘‘(B) INITIAL MEETING.—Not later than 

16 30 days after the date on which the members 

17 are appointed under paragraph (2)(A), the Ad18 visory Council shall hold an initial meeting. 

19 ‘‘(4) DUTIES.—The Advisory Council shall— 

20 ‘‘(A) review the list of standards published 

21 by the Secretary under subsection (d)(1); 

22 ‘‘(B) make recommendations to the Sec23 retary regarding the best practices that should 

24 be included in the standards under subsection 

25 (d)(1); and 


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1 ‘‘(C) advise the Secretary regarding— 

2 ‘‘(i) the current methods used by pri3 vate markets to quantify and verify green4 house gas emissions reduced or carbon se5 questered; 

6 ‘‘(ii) additional considerations for reg7 istering covered entities under the Pro8 gram; 

9 ‘‘(iii) means to reduce barriers to 

10 entry in the business of providing technical 

11 assistance or the verification of the proc12 esses described in protocols for greenhouse 

13 gas markets for covered entities, including 

14 by improving technical assistance provided 

15 by the Secretary; 

16 ‘‘(iv) means to reduce compliance and 

17 verification costs for farmers, ranchers, 

18 and private forest landowners in entering 

19 private greenhouse gas credit markets, in20 cluding through mechanisms and processes 

21 to aggregate the value of activities across 

22 land ownership; and 

23 ‘‘(v) means for farmers, ranchers, and 

24 private forest landowners to advertise 

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1 duce greenhouse gas emissions or sequester 

2 carbon. 

3 ‘‘(5) COMPENSATION.— 

4 ‘‘(A) IN GENERAL.—The members of the 

5 Advisory Council shall serve without compensa6 tion. 

7 ‘‘(B) TREATMENT.—Except in the case of 

8 a member described in paragraph (2)(B)(i), the 

9 members of the Advisory Council shall not be 

10 considered to be Federal employees. 

11 ‘‘(h) ASSESSMENT OF GREENHOUSE GAS CREDIT

12 MARKETPLACES AND VERIFICATION REGIMES.—Not later 

13 than October 1, 2022, and every 4 years thereafter, the 

14 Secretary, in consultation with the Administrator of the 

15 Environmental Protection Agency and the Advisory Coun16 cil, shall— 

17 ‘‘(1) conduct an assessment, including by incor18 porating information from existing publications of 

19 nongovernmental organizations with relevant exper20 tise, regarding— 

21 ‘‘(A) the number and categories of non22 Federal actors in the nonprofit and for-profit 

23 sectors involved in buying, selling, and trading 

24 domestic greenhouse gas credits in voluntary 

25 markets and compliance markets that are deVerDate Sep 11 2014 17:47 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3894.IS S3894

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1 rived from projects that achieve greenhouse gas 

2 mitigation or carbon sequestration through 

3 practices on agricultural land or private forest 

4 land; 

5 ‘‘(B) the estimated overall domestic market 

6 demand for greenhouse gas credits (measured 

7 in metric tons of carbon dioxide equivalent) at 

8 the end of the preceding 4-calendar year period, 

9 and historically, in voluntary markets and com10 pliance markets through projects that achieve 

11 greenhouse gas mitigation or carbon sequestra12 tion through practices on agricultural land or 

13 private forest land; 

14 ‘‘(C) the total number of greenhouse gas 

15 credits (measured in metric tons of carbon diox16 ide equivalent) that were in development, gen17 erated, or sold in market transactions during 

18 the preceding 4-calendar year period, and his19 torically, in voluntary markets and compliance 

20 markets through projects that achieve green21 house gas mitigation or carbon sequestration 

22 through practices on agricultural land or pri23 vate forest land; 

24 ‘‘(D) the estimated supply and demand of 

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1 sets in the global marketplace for the next 4 

2 years; 

3 ‘‘(E) the barriers to entry due to compli4 ance and verification costs described in sub5 section (g)(4)(C)(iv); 

6 ‘‘(F) the state of monitoring technologies 

7 needed to quantify long-term carbon sequestra8 tion in soils and from other emission reduction 

9 activities in the agriculture and forestry sectors; 

10 ‘‘(G) means for farmers, ranchers, and pri11 vate forest landowners to advertise products de12 rived from practices that reduce greenhouse gas 

13 emissions or sequester carbon; 

14 ‘‘(H) means to leverage existing Depart15 ment of Agriculture programs and other Fed16 eral programs that could improve, lower the 

17 costs of, and enhance the deployment of moni18 toring technologies described in subparagraph 

19 (F); 

20 ‘‘(I) the potential impact of Department of 

21 Agriculture activities on supply and demand of 

22 greenhouse gas credits; 

23 ‘‘(J) the potential role of the Department 

24 of Agriculture in increasing innovation in green25 house gas credit markets; and 


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1 ‘‘(K) the extent to which the existing re2 gimes for generating and selling greenhouse gas 

3 credits derived from agricultural land or private 

4 forest land, as the regimes exist at the end of 

5 the preceding 4-calendar year period, and his6 torically, would achieve greater scale and reach 

7 if the Department of Agriculture were involved, 

8 including by considering the role of the Depart9 ment of Agriculture in reducing the barriers to 

10 entry identified under subparagraph (E), in11 cluding by educating stakeholders about green12 house gas credit markets and means by which 

13 to reduce the compliance and verification costs 

14 described in subsection (g)(4)(C)(iv); and 

15 ‘‘(2) submit to the Committee on Agriculture of 

16 the House of Representatives and the Committee on 

17 Agriculture, Nutrition, and Forestry of the Senate a 

18 report describing the findings of the assessment 

19 under paragraph (1), including recommendations re20 garding potential new authorities that would facili21 tate a more robust role for the Department of Agri22 culture in the domestic market for greenhouse gas 

23 emissions credits derived from practices on agricul24 tural land or private forest land, including— 


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1 ‘‘(A) whether the Department of Agri2 culture should play a larger role in devel3 oping— 

4 ‘‘(i) greenhouse gas credit protocols, 

5 including new protocols for activities within 

6 the agriculture and forestry sectors that do 

7 not currently exist in the private market8 place; and 

9 ‘‘(ii) verification methodologies to 

10 quantify greenhouse gas emissions reduc11 tion across activities that reduce green12 house gas emissions or sequester carbon as 

13 compared to traditional practices; and 

14 ‘‘(B) whether the Department of Agri15 culture— 

16 ‘‘(i) should play a larger role in reduc17 ing compliance and verification costs for 

18 farmers, ranchers, and private forest land19 owners, including by certifying greenhouse 

20 gas credits; and 

21 ‘‘(ii) needs additional authority to 

22 carry out the activities described in clause 

23 (i).’’. 

Æ 


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