I 

117TH CONGRESS 

1ST SESSION H. R. 2508 

To amend the Food Security Act of 1985 to optimize the sequestration 

of carbon and the reduction of net emissions through agricultural practices, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2021 

Mr. RODNEY DAVIS of Illinois introduced the following bill; which was referred 

to the Committee on Agriculture 

A BILL 

To amend the Food Security Act of 1985 to optimize the 

sequestration of carbon and the reduction of net emissions through agricultural practices, 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 ‘‘Naturally Offsetting 

5 Emissions by Managing and Implementing Tillage Strate6 gies Act of 2021’’, or the ‘‘NO EMITS Act’’. 


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1 SEC. 2. SOIL HEALTH TRANSITION INCENTIVE PROGRAM. 

2 Section 1240B of the Food Security Act of 1985 (16 

3 U.S.C. 3839aa–2) is amended by adding at the end the 

4 following: 

5 ‘‘(k) SOIL HEALTH TRANSITION INCENTIVE PRO6 GRAM.— 

7 ‘‘(1) ESTABLISHMENT AND PURPOSES.—The 

8 Secretary shall establish a soil health transition in9 centive program to assist producers in transitioning 

10 to soil health cropping systems by— 

11 ‘‘(A) providing incentives to adopt soil 

12 health cropping systems, including by address13 ing the economic risk during a transition to a 

14 new soil health cropping system; and 

15 ‘‘(B) providing technical assistance for 

16 such a transition. 

17 ‘‘(2) CONTRACTS.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall 

19 enter into soil health transition incentive con20 tracts with producers under this subsection to 

21 provide payments for— 

22 ‘‘(i) the adoption and installation of 

23 soil health practices (including cover crop24 ping, no till, and minimum till) or cropping 

25 systems; and 


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1 ‘‘(ii) completing, managing, maintain2 ing, and improving the soil health practices 

3 or cropping systems for the duration of the 

4 contract, as determined appropriate by the 

5 Secretary. 

6 ‘‘(B) PAYMENT AMOUNTS.—In determining 

7 the amount of payments under subparagraph 

8 (A), the Secretary shall consider, to the extent 

9 practicable— 

10 ‘‘(i) the level and extent of the soil 

11 health practice or cropping system to be 

12 adopted, installed, completed, managed, 

13 maintained, or improved; 

14 ‘‘(ii) the cost of the adoption, installa15 tion, completion, management, mainte16 nance, or improvement of the soil health 

17 practice or cropping system; 

18 ‘‘(iii) income foregone by the pro19 ducer, including payments, as appropriate, 

20 to address— 

21 ‘‘(I) increased economic risk; 

22 ‘‘(II) loss in revenue due to an23 ticipated reductions in yield; and 


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1 ‘‘(III) economic losses during 

2 transition to new cropping systems; 

3 and 

4 ‘‘(iv) the extent to which compensa5 tion would ensure long-term continued 

6 management, maintenance, and improve7 ment of the soil health practice or cropping 

8 system. 

9 ‘‘(C) TERM.—A contract under this sub10 section shall have a term of not fewer than 5 

11 years and not more than 7 years. 

12 ‘‘(3) INDIVIDUALIZED AGRONOMIC TECHNICAL

13 ASSISTANCE.—To assist producers in making a suc14 cessful transition to a soil health cropping system, 

15 the Secretary shall provide individualized and 

16 multiyear agronomic technical assistance, at the op17 tion of the producer, through— 

18 ‘‘(A) the Secretary; 

19 ‘‘(B) a third party provider; 

20 ‘‘(C) a commercial entity (including a 

21 farmer cooperative or agriculture retailer); 

22 ‘‘(D) a nonprofit entity with agronomic ex23 pertise; or 

24 ‘‘(E) a State or local government (includ25 ing a conservation district).’’. 


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1 SEC. 3. ON-FARM CONSERVATION INNOVATION TRIALS. 

2 Section 1240H(c) of the Food Security Act of 1985 

3 (16 U.S.C. 3839aa–8(c)) is amended— 

4 (1) in paragraph (1)(B)(i)— 

5 (A) in subclause (VI), by striking ‘‘; and’’ 

6 and inserting a semicolon; and 

7 (B) by adding at the end the following: 

8 ‘‘(VIII) practices related to live9 stock production; and’’; and 

10 (2) in paragraph (2), by striking 

11 ‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’. 

12 SEC. 4. STATE ASSISTANCE FOR SOIL HEALTH. 

13 Subchapter B of chapter 4 of subtitle D of title XII 

14 of the Food Security Act of 1985 (16 U.S.C. 3839aa–21 

15 et seq.) is amended by adding at the end the following: 

16 ‘‘SEC. 1240L–2. STATE ASSISTANCE FOR SOIL HEALTH. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) ELIGIBLE INDIAN TRIBE.—The term ‘eligi19 ble Indian tribe’ means an Indian tribe that is— 

20 ‘‘(A) implementing a soil health program 

21 for the area over which the Indian tribe has ju22 risdiction; and 

23 ‘‘(B) meeting or exceeding performance 

24 measures established by the Indian tribe for the 

25 soil health program. 


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1 ‘‘(2) ELIGIBLE STATE.—The term ‘eligible 

2 State’ means a State that is— 

3 ‘‘(A) implementing a soil health program 

4 for the State; and 

5 ‘‘(B) meeting or exceeding performance 

6 measures established by the State for the soil 

7 health program. 

8 ‘‘(3) SOIL HEALTH PROGRAM.—The term ‘soil 

9 health program’ means a program to improve soil 

10 health on agricultural land that— 

11 ‘‘(A) is broadly consistent with the soil 

12 health principles of the Natural Resources Con13 servation Service, as determined by the Sec14 retary; and 

15 ‘‘(B) may include— 

16 ‘‘(i) technical assistance; 

17 ‘‘(ii) financial assistance; 

18 ‘‘(iii) on-farm research and dem19 onstration; 

20 ‘‘(iv) education, outreach, and train21 ing; 

22 ‘‘(v) monitoring and evaluation; or 

23 ‘‘(vi) such other components as the 

24 Secretary determines appropriate. 


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1 ‘‘(b) AVAILABILITY AND PURPOSE OF GRANTS.—For 

2 fiscal years 2022 through 2026, the Secretary shall make 

3 grants to eligible States and eligible Indian tribes for the 

4 purpose of improving soil health on agricultural lands 

5 through the implementation of State and Tribal soil health 

6 programs. 

7 ‘‘(c) APPLICATIONS.— 

8 ‘‘(1) IN GENERAL.—To receive a grant under 

9 this section, an eligible State or eligible Indian tribe 

10 shall submit to the Secretary an application at such 

11 time, in such a manner, and containing such infor12 mation as the Secretary shall require, which shall in13 clude— 

14 ‘‘(A) a description of performance meas15 ures to be used to evaluate the State or Tribal 

16 soil health program and the results of any ac17 tivities carried out using grant funds received 

18 under this section; and 

19 ‘‘(B) an assurance that grant funds re20 ceived under this section will supplement the 

21 expenditure of State or Tribal funds in support 

22 of soil health, rather than replace such funds. 

23 ‘‘(2) TRIBAL OPTION.—An Indian tribe shall 

24 have the option, at the sole discretion of the Indian 


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1 tribe, to be incorporated into the application of an 

2 eligible State. 

3 ‘‘(d) PRIORITY.—In making grants under this sec4 tion, the Secretary shall give priority to eligible States and 

5 eligible Indian tribes with a climate action plan that in6 cludes soil health, as determined by the Secretary. 

7 ‘‘(e) GRANTS.— 

8 ‘‘(1) AMOUNT.—The amount of a grant to an 

9 eligible State or eligible Indian tribe under this sec10 tion for a fiscal year may not exceed the lower of— 

11 ‘‘(A) $5,000,000; or 

12 ‘‘(B) as applicable— 

13 ‘‘(i) 50 percent of the cost of imple14 menting the State soil health program in 

15 the fiscal year; or 

16 ‘‘(ii) 75 percent of the cost of imple17 menting the Tribal soil health program in 

18 the fiscal year. 

19 ‘‘(2) TERM.—A grant under this section shall 

20 be for 1 year, and may be renewed annually. 

21 ‘‘(f) AUDITS AND REVIEWS.—An eligible State or eli22 gible Indian tribe receiving a grant under this section shall 

23 submit to the Secretary— 


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1 ‘‘(1) for each year for which the State or Indian 

2 tribe receives such a grant, the results of an audit 

3 of the expenditures of the grant funds; and 

4 ‘‘(2) at such intervals as the Secretary shall es5 tablish, a review and evaluation of the State or Trib6 al soil health program. 

7 ‘‘(g) EFFECT OF NONCOMPLIANCE.—If the Sec8 retary, after reasonable notice to an eligible State or eligi9 ble Indian tribe receiving a grant under this section, finds 

10 that the State or Indian tribe has failed to comply with 

11 the terms of the grant, the Secretary may disqualify, for 

12 1 or more years, the State or Indian tribe from receipt 

13 of future grants under this section. 

14 ‘‘(h) FUNDING.—Of the funds made available to 

15 carry out this subchapter, $100,000,000 shall be available 

16 in each of fiscal years 2022 through 2026 to carry out 

17 this section. 

18 ‘‘(i) ADMINISTRATION.— 

19 ‘‘(1) DEPARTMENT.—The Secretary may not 

20 use more than 3 percent of the funds made available 

21 to carry out this section for a fiscal year for admin22 istrative expenses. 

23 ‘‘(2) STATES OR INDIAN TRIBES.—An eligible 

24 State or eligible Indian tribe receiving a grant under 

25 this section may not use more than 7 percent of the 


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1 granted funds for a fiscal year for administrative ex2 penses.’’. 

3 SEC. 5. TECHNICAL ASSISTANCE. 

4 Section 1241(c) of the Food Security Act of 1985 (16 

5 U.S.C. 3841(c)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(5) SPECIAL INITIATIVE.— 

8 ‘‘(A) IN GENERAL.—In each of fiscal years 

9 2022 through 2026, the Secretary shall carry 

10 out a special technical assistance initiative to 

11 assist producers in mitigating and adapting to 

12 climate change, using, of the funds of the Com13 modity Credit Corporation, an amount equal to 

14 not less than 1 percent of the amount of funds 

15 made available by subsection (a) for the fiscal 

16 year. 

17 ‘‘(B) PROVISION OF TECHNICAL ASSIST18 ANCE.—The Secretary shall provide technical 

19 assistance under this paragraph to producers— 

20 ‘‘(i) in accordance with section 

21 1242(c); or 

22 ‘‘(ii) notwithstanding such section, 

23 through a cooperative agreement or con24 tract with— 

25 ‘‘(I) a cooperative extension; 


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1 ‘‘(II) a nongovernmental organi2 zation; or 

3 ‘‘(III) a State, Tribal, or Federal 

4 agency.’’. 

Æ 


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