I 

117TH CONGRESS 

1ST SESSION H. R. 2581 

To establish a biochar demonstration project and biochar grant program, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2021 

Ms. HERRELL (for herself, Mr. WESTERMAN, Mr. NEWHOUSE, and Mr. 

GOSAR) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Science, 

Space, and Technology, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish a biochar demonstration project and biochar 

grant program, 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 ‘‘Biochar Innovations 

5 and Opportunities for Conservation, Health, and Advance6 ments in Research Act of 2021’’ or the ‘‘BIOCHAR Act 

7 of 2021’’. 


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1 SEC. 2. BIOCHAR DEMONSTRATION PROJECT. 

2 (a) DEMONSTRATION PROJECTS.— 

3 (1) ESTABLISHMENT.— 

4 (A) IN GENERAL.—Not later than 2 years 

5 after the date of the enactment of this section, 

6 the Secretaries shall establish a program to 

7 enter into partnerships with eligible entities to 

8 carry out demonstration projects to support the 

9 development and commercialization of biochar 

10 in accordance with this subsection. 

11 (B) LOCATION OF DEMONSTRATION

12 PROJECTS.—The Secretaries shall, to the max13 imum extent practicable, establish at least one 

14 biochar demonstration project in each Forest 

15 Service region. 

16 (2) PROPOSALS.—To be eligible to enter into a 

17 partnership to carry out a biochar demonstration 

18 project under paragraph (1)(A), an eligible entity 

19 shall submit to the Secretaries a proposal at such 

20 time, in such manner, and containing such informa21 tion as the Secretaries may require. 

22 (3) PRIORITY.—In selecting proposals under 

23 paragraph (2), the Secretaries shall give priority to 

24 partnering with eligible entities that submit pro25 posals to carry out biochar demonstration projects 

26 that— 


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1 (A) have the most carbon sequestration po2 tential; 

3 (B) will create new jobs and contribute to 

4 local economies, particularly in rural areas; 

5 (C) will demonstrate— 

6 (i) new and innovative uses of biochar; 

7 (ii) viable markets for cost effective 

8 biochar-based products; 

9 (iii) the ecosystem services of biochar; 

10 (iv) the benefits of biochar to restore 

11 forest heath and resiliency, including for 

12 forest soils and watersheds; or 

13 (v) any combination of purposes speci14 fied in clauses (i) through (iv); 

15 (D) are located in local markets that have 

16 the greatest need for the biochar production 

17 units due to— 

18 (i) nearby lands identified as having 

19 high or very high or extreme risk of wild20 fire; 

21 (ii) availability of sufficient quantities 

22 of feedstocks; or 

23 (iii) a high level of demand for 

24 biochar or other commercial byproducts of 

25 biochar; or 


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1 (E) any combination of purposes specified 

2 in subparagraphs (A) through (D). 

3 (4) USE OF FUNDS.—In carrying out the pro4 gram established under paragraph (1)(A), the Secre5 taries may enter into partnerships and provide fund6 ing to carry out demonstration projects that— 

7 (A) acquire and test various feedstocks and 

8 their efficacy; 

9 (B) develop and optimize commercially and 

10 technologically viable biochar production units, 

11 including mobile and permanent units; 

12 (C) demonstrate the production of biochar 

13 from forest residues and the use of biochar to 

14 restore forest health and resiliency; 

15 (D) build, expand, or establish biochar fa16 cilities; 

17 (E) conduct research on new and innova18 tive uses of biochar or demonstrate cost-effec19 tive market opportunities for biochar and 

20 biochar-based products; 

21 (F) carry out any other activities the Sec22 retaries determine appropriate; or 

23 (G) any combination of the purposes speci24 fied in subparagraphs (A) through (F). 


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1 (5) FEEDSTOCK REQUIREMENTS.—To the max2 imum extent practicable, a biochar demonstration 

3 project under this subsection shall, with respect to 

4 the feedstock used under such project, derive at 

5 least 50 percent of such feedstock from forest 

6 thinning and management activities, including mill 

7 residues, conducted on National Forest System 

8 lands. 

9 (6) REVIEW OF BIOCHAR DEMONSTRATION.— 

10 (A) IN GENERAL.—The Secretaries shall 

11 conduct regionally specific research, including 

12 economic analyses and life-cycle assessments, on 

13 the biochar produced from the demonstration 

14 projects under this subsection, including— 

15 (i) the effects of such biochar on— 

16 (I) forest health and resiliency; 

17 (II) carbon capture and seques18 tration, including increasing soil car19 bon in the short-term and long-term; 

20 (III) productivity, reduced input 

21 costs, and water retention in agricul22 tural practices; 

23 (IV) soil and grassland health for 

24 grazing activities, including grazing 

25 activities on Federal land; 


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1 (V) environmental remediation 

2 activities, including abandoned mine 

3 land remediation; and 

4 (VI) other ecosystem services of 

5 biochar; 

6 (ii) the efficacy of biochar as a co7 product of biofuels or in biochemicals; and 

8 (iii) whether biochar can effectively be 

9 used to produce any other technologically 

10 and commercially viable outcome. 

11 (B) COORDINATION.—The Secretaries 

12 shall, to the maximum extent practicable, pro13 vide data, analysis, and other relevant informa14 tion collected under subparagraph (A) to eligi15 ble institutions conducting research and devel16 opment activities on biochar pursuant to receiv17 ing a grant under subsection (b). 

18 (7) LIMITATION ON FUNDING FOR ESTAB19 LISHING BIOCHAR FACILITIES.—In the case of an el20 igible entity that enters in to a partnership to carry 

21 out a biochar demonstration project under this sub22 section and seeks to establish a biochar facility 

23 under such demonstration project, the Secretaries 

24 may not provide funding to such eligible entity in an 


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1 amount greater than 35 percent of the capital cost 

2 of establishing such biochar facility. 

3 (b) BIOCHAR RESEARCH AND DEVELOPMENT GRANT

4 PROGRAM.— 

5 (1) ESTABLISHMENT.—The Secretary of Agri6 culture shall establish an applied biochar research 

7 and development grant program to make competitive 

8 grants to eligible institutions to carry out the activi9 ties described in paragraph (3). 

10 (2) APPLICATIONS.—To be eligible to receive a 

11 grant under this subsection, an eligible entity shall 

12 submit to the Secretary a proposal at such time, in 

13 such manner, and containing such information as 

14 the Secretary may require. 

15 (3) USE OF FUNDS.—An eligible institution 

16 that receives a grant under this subsection shall use 

17 the grant funds to conduct applied research on— 

18 (A) the effect of biochar on forest health 

19 and resiliency, accounting for variations in 

20 biochar, soil, climate, and other factors; 

21 (B) the effect of biochar on soil health and 

22 water retention, accounting for variations in 

23 biochar, soil, climate, and other factors; 

24 (C) the long-term carbon sequestration po25 tential of biochar; 


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1 (D) the best management practices of 

2 biochar and biochar based-products to— 

3 (i) maximize carbon sequestration 

4 benefits; and 

5 (ii) maximize the commercial viability 

6 and application of such products in for7 estry, agriculture, environmental remedi8 ation, water quality improvement, and 

9 other uses; 

10 (E) the regional uses of biochar to increase 

11 productivity and profitability, including— 

12 (i) uses in agriculture and environ13 mental remediation; and 

14 (ii) use as a co-product in fuel produc15 tion; 

16 (F) new and innovative uses from biochar 

17 byproducts; and 

18 (G) opportunities to expand markets for 

19 biochar and create jobs, particularly in rural 

20 areas. 

21 (c) REPORTS.— 

22 (1) REPORT TO CONGRESS.—Not later than 2 

23 years after the date of the enactment of this section, 

24 the Secretaries shall submit a report to Congress 

25 that— 


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1 (A) includes policy and program rec2 ommendations to improve the widespread use of 

3 biochar; 

4 (B) identifies the areas of research needed 

5 to advance biochar commercialization; and 

6 (C) identifies barriers to further biochar 

7 commercialization, including permitting and 

8 siting considerations. 

9 (2) PRESIDENT’S ANNUAL BUDGET REQUEST.— 

10 Beginning 2 years after the date of the enactment 

11 of this section and annually until the date described 

12 in subsection (d), the Secretaries shall include in the 

13 budget materials submitted to Congress in support 

14 of the President’s annual budget request (submitted 

15 to Congress pursuant to section 1105 of title 31, 

16 United States Code) for each fiscal year a report on 

17 the status of the demonstration projects carried out 

18 under subsection (a) and the research and develop19 ment grants carried out under subsection (b). 

20 (d) SUNSET.—The authority to carry out this section 

21 shall terminate on the date that is 10 years after the date 

22 of the enactment of this section. 

23 (e) DEFINITIONS.—In this section: 

24 (1) BIOCHAR.—The term ‘‘biochar’’ means car25 bonized biomass produced by converting feedstock 


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1 through reductive thermal processing for non-fuel 

2 uses. 

3 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means— 

5 (A) State, local, and Tribal governments; 

6 (B) eligible institutions; and 

7 (C) private, non-private, or cooperative en8 tities. 

9 (3) ELIGIBLE INSTITUTION.—The term ‘‘eligi10 ble institution’’ means land-grant colleges and uni11 versities, including institutions eligible for funding 

12 under the— 

13 (A) Act of July 2, 1862; 

14 (B) Act of August 30, 1890, including 

15 Tuskegee University; 

16 (C) Public Law 87–788 (commonly known 

17 as the ‘‘McIntire-Stennis Act of 1962’’); or 

18 (D) Equity in Educational Land-Grant 

19 Status Act of 1994 (7 U.S.C. 301 note). 

20 (4) FEEDSTOCK.—The term ‘‘feedstock’’ means 

21 excess biomass in the form of plant matter or mate22 rials that serves as the raw material for the produc23 tion of biochar. 

24 (5) SECRETARIES.—The term ‘‘Secretaries’’ 

25 means— 


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1 (A) the Secretary of Agriculture, acting 

2 through the Chief of the Forest Service; and 

3 (B) the Secretary of Energy, acting 

4 through the Director of the Office of Science. 

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