I 

117TH CONGRESS 

1ST SESSION H. R. 2820 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2021 

Ms. SPANBERGER (for herself, Mr. BACON, Ms. PINGREE, Mr. CURTIS, Mr. 

TONKO, Mr. FITZPATRICK, Mrs. AXNE, Mr. FORTENBERRY, Ms. 

BROWNLEY, Ms. STEFANIK, Ms. HOULAHAN, Mr. WITTMAN, Mr. 

DEUTCH, Mr. KATKO, Mr. SEAN PATRICK MALONEY of New York, Mr. 

KELLY of Pennsylvania, Mrs. LURIA, Mr. HOLLINGSWORTH, Mr. COOPER, Ms. MACE, Ms. WILD, Mr. COSTA, Mr. CARTWRIGHT, and Mrs. 

BUSTOS) introduced the following bill; which was referred to the Committee on Agriculture 

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 voluntary 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 2021’’. 


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

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

5 (1) to facilitate the participation of farmers, 

6 ranchers, and private forest landowners in voluntary 

7 environmental credit markets, including through the 

8 Program; 

9 (2) to facilitate the provision of technical assist10 ance through covered entities to farmers, ranchers, 

11 and private forest landowners in overcoming barriers 

12 to entry into voluntary environmental credit mar13 kets; 

14 (3) to assist covered entities in certifying under 

15 the Program; and 

16 (4) to establish the Advisory Council to advise 

17 the Secretary regarding the Program and other re18 lated matters. 

19 (b) DEFINITIONS.—In this section: 

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

21 Council’’ means the Greenhouse Gas Technical As22 sistance Provider and Third-Party Verifier Certifi23 cation Program Advisory Council established under 

24 subsection (g)(1). 

25 (2) AGRICULTURE OR FORESTRY CREDIT.—The 

26 term ‘‘agriculture or forestry credit’’ means a credit 


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1 derived from the prevention, reduction, or mitigation 

2 of greenhouse gas emissions or carbon sequestration 

3 on agricultural land or private forest land that may 

4 be bought or sold on a voluntary environmental cred5 it market. 

6 (3) BEGINNING FARMER OR RANCHER.—The 

7 term ‘‘beginning farmer or rancher’’ has the mean8 ing given the term in section 2501(a) of the Food, 

9 Agriculture, Conservation, and Trade Act of 1990 (7 

10 U.S.C. 2279(a)). 

11 (4) COVERED ENTITY.—The term ‘‘covered en12 tity’’ means a person or State that either— 

13 (A) is a provider of technical assistance to 

14 farmers, ranchers, or private forest landowners 

15 in carrying out sustainable land use manage16 ment practices that— 

17 (i) prevent, reduce, or mitigate green18 house gas emissions; or 

19 (ii) sequester carbon; or 

20 (B) is a third-party verifier entity that 

21 conducts the verification of the processes de22 scribed in protocols for voluntary environmental 

23 credit markets. 

24 (5) GREENHOUSE GAS.—The term ‘‘greenhouse 

25 gas’’ means— 


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1 (A) carbon dioxide; 

2 (B) methane; 

3 (C) nitrous oxide; and 

4 (D) any other gas that the Secretary, in 

5 consultation with the Advisory Council, deter6 mines has been identified to have heat trapping 

7 qualities. 

8 (6) PROGRAM.—The term ‘‘Program’’ means 

9 the Greenhouse Gas Technical Assistance Provider 

10 and Third-Party Verifier Certification Program es11 tablished under subsection (c). 

12 (7) PROTOCOL.—The term ‘‘protocol’’ means a 

13 systematic approach that follows a science-based 

14 methodology that is transparent and thorough to es15 tablish requirements— 

16 (A) for the development of projects to pre17 vent, reduce, or mitigate greenhouse gas emis18 sions or sequester carbon that include 1 or 

19 more baseline scenarios; and 

20 (B) to quantify, monitor, report, and verify 

21 the prevention, reduction, or mitigation of 

22 greenhouse gas emissions or carbon sequestra23 tion by projects described in subparagraph (A). 

24 (8) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Agriculture. 


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1 (9) SOCIALLY DISADVANTAGED FARMER OR

2 RANCHER; SOCIALLY DISADVANTAGED GROUP.—The 

3 terms ‘‘socially disadvantaged farmer or rancher’’ 

4 and ‘‘socially disadvantaged group’’ have the mean5 ing given those terms in section 355(e) of the Con6 solidated Farm and Rural Development Act (7 

7 U.S.C. 2003(e)). 

8 (10) TECHNICAL ASSISTANCE.—The term 

9 ‘‘technical assistance’’ means technical expertise, in10 formation, and tools necessary to assist a farmer, 

11 rancher, or private forest landowner who is engaged 

12 in or wants to engage in a project to prevent, re13 duce, or mitigate greenhouse gas emissions or se14 quester carbon to meet a protocol. 

15 (11) VOLUNTARY ENVIRONMENTAL CREDIT

16 MARKET.—The term ‘‘voluntary environmental cred17 it market’’ means a voluntary market through which 

18 agriculture or forestry credits may be bought or 

19 sold. 

20 (c) ESTABLISHMENT.— 

21 (1) IN GENERAL.—On the date that is 270 days 

22 after the date of enactment of this Act, and after 

23 making a positive determination under paragraph 

24 (2), the Secretary shall establish a voluntary pro25 gram, to be known as the ‘‘Greenhouse Gas TechVerDate Sep 11 2014 22:33 Jun 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2820.IH H2820

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1 nical Assistance Provider and Third-Party Verifier 

2 Certification Program’’, to certify covered entities 

3 that the Secretary determines meet the requirements 

4 described in subsection (d). 

5 (2) DETERMINATION.—The Secretary shall es6 tablish the Program only if, after considering rel7 evant information, including the information col8 lected or reviewed relating to the assessment con9 ducted under subsection (h)(1)(A), the Secretary de10 termines that the Program will further each of the 

11 purposes described in paragraphs (1) and (2) of sub12 section (a). 

13 (3) REPORT.—If the Secretary determines 

14 under paragraph (2) that the Program would not 

15 further each of the purposes described in paragraphs 

16 (1) and (2) of subsection (a) and does not establish 

17 the Program, the Secretary shall publish a report 

18 describing the reasons the Program would not fur19 ther each of those purposes. 

20 (d) CERTIFICATION QUALIFICATIONS.— 

21 (1) IN GENERAL.— 

22 (A) PROTOCOLS AND QUALIFICATIONS.— 

23 After providing public notice and at least a 60- 

24 day period for public comment, the Secretary 

25 shall, during the 90-day period beginning on 


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1 the date on which the Program is established, 

2 publish— 

3 (i) a list of, and documents relating 

4 to, recognized protocols for voluntary envi5 ronmental credit markets that are designed 

6 to ensure consistency, reliability, effective7 ness, efficiency, and transparency, includ8 ing protocol documents and details relating 

9 to— 

10 (I) calculations; 

11 (II) sampling methodologies; 

12 (III) accounting principles; 

13 (IV) systems for verification, 

14 monitoring, measurement, and report15 ing; and 

16 (V) methods to account for 

17 additionality, permanence, leakage, 

18 and, where appropriate, avoidance of 

19 double counting; and 

20 (ii) descriptions of qualifications for 

21 covered entities that— 

22 (I) demonstrate that the covered 

23 entity can assist farmers, ranchers, 

24 and private forest landowners in ac25 complishing the purposes described in 


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1 paragraphs (1) and (2) of subsection 

2 (a); and 

3 (II) demonstrate proficiency with 

4 the protocols described in clause (i). 

5 (B) REQUIREMENTS.—Covered entities 

6 certified under the Program shall maintain ex7 pertise in the protocols described in subpara8 graph (A)(i), adhere to the qualifications de9 scribed in subparagraph (A)(ii), and adhere to 

10 any relevant conflict of interest requirements, 

11 as determined appropriate by the Secretary, 

12 for— 

13 (i) the provision of technical assist14 ance to farmers, ranchers, and private for15 est landowners for carrying out activities 

16 described in paragraph (2); or 

17 (ii) the verification of the processes 

18 described in protocols for voluntary envi19 ronmental credit markets that are used in 

20 carrying out activities described in para21 graph (2). 

22 (2) ACTIVITIES.—The activities for which cov23 ered entities may provide technical assistance or con24 duct verification of processes under the Program are 

25 current and future activities that prevent, reduce, or 


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1 mitigate greenhouse gas emissions or sequester car2 bon, which may include— 

3 (A) land or soil carbon sequestration; 

4 (B) emissions reductions derived from fuel 

5 choice or reduced fuel use; 

6 (C) livestock emissions reductions, includ7 ing emissions reductions achieved through— 

8 (i) feeds, feed additives, and the use 

9 of byproducts as feed sources; or 

10 (ii) manure management practices; 

11 (D) on-farm energy generation; 

12 (E) energy feedstock production; 

13 (F) fertilizer or nutrient use emissions re14 ductions; 

15 (G) reforestation; 

16 (H) forest management, including improv17 ing harvesting practices and thinning diseased 

18 trees; 

19 (I) prevention of the conversion of forests, 

20 grasslands, and wetlands; 

21 (J) restoration of wetlands or grasslands; 

22 (K) grassland management, including pre23 scribed grazing; 


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1 (L) current practices associated with pri2 vate land conservation programs administered 

3 by the Secretary; and 

4 (M) such other activities, or combinations 

5 of activities, that the Secretary, in consultation 

6 with the Advisory Council, determines to be ap7 propriate. 

8 (3) REQUIREMENTS.—In publishing the list of 

9 protocols and description of qualifications under 

10 paragraph (1)(A), the Secretary, in consultation 

11 with the Advisory Council, shall— 

12 (A) ensure that the requirements for cov13 ered entities to certify under the Program in14 clude maintaining expertise in all relevant infor15 mation relating to market-based protocols, as 

16 appropriate, with regard to— 

17 (i) quantification; 

18 (ii) verification; 

19 (iii) additionality; 

20 (iv) permanence; 

21 (v) reporting; and 

22 (vi) other expertise, as determined by 

23 the Secretary; and 

24 (B) ensure that a covered entity certified 

25 under the Program is required to perform, and 


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1 to demonstrate expertise, as determined by the 

2 Secretary, in accordance with best management 

3 practices for agricultural and forestry activities 

4 that prevent, reduce, or mitigate greenhouse 

5 gas emissions or sequester carbon. 

6 (4) PERIODIC REVIEW.—As appropriate, the 

7 Secretary shall periodically review and revise the list 

8 of protocols and description of certification qualifica9 tions published under paragraph (1)(A) to include 

10 any additional protocols or qualifications that meet 

11 the requirements described in subparagraphs (A) 

12 and (B) of paragraph (3). 

13 (e) CERTIFICATION, WEBSITE, AND PUBLICATION OF

14 LISTS.— 

15 (1) CERTIFICATION.—A covered entity may 

16 self-certify under the Program by submitting to the 

17 Secretary, through a website maintained by the Sec18 retary— 

19 (A) a notification that the covered entity 

20 will— 

21 (i) maintain expertise in the protocols 

22 described in clause (i) of subsection 

23 (d)(1)(A); and 


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1 (ii) adhere to the qualifications de2 scribed in clause (ii) of that subsection; 

3 and 

4 (B) appropriate documentation dem5 onstrating the expertise described in subpara6 graph (A)(i) and qualifications described in 

7 subparagraph (A)(ii). 

8 (2) WEBSITE AND SOLICITATION.—During the 

9 180-day period beginning on the date on which the 

10 Program is established, the Secretary shall publish, 

11 through an existing website maintained by the Sec12 retary— 

13 (A) information describing how covered en14 tities may self-certify under the Program in ac15 cordance with paragraph (1); 

16 (B) information describing how covered en17 tities may obtain, through private training pro18 grams or Department of Agriculture training 

19 programs, the requisite expertise— 

20 (i) in the protocols described in clause 

21 (i) of subsection (d)(1)(A); and 

22 (ii) to meet the qualifications de23 scribed in clause (ii) of that subsection; 


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1 (C) the protocols and qualifications pub2 lished by the Secretary under subsection 

3 (d)(1)(A); and 

4 (D) instructions and suggestions to assist 

5 farmers, ranchers, and private forest land6 owners in facilitating the development of agri7 culture or forestry credits and accessing vol8 untary environmental credit markets, includ9 ing— 

10 (i) through working with covered enti11 ties certified under the Program; and 

12 (ii) by providing information relating 

13 to programs, registries, and protocols of 

14 programs and registries that provide mar15 ket-based participation opportunities for 

16 working and conservation agricultural and 

17 forestry lands. 

18 (3) PUBLICATION.—During the 1-year period 

19 beginning on the date on which the Program is es20 tablished, the Secretary, in consultation with the Ad21 visory Council and following the review by the Sec22 retary for completeness and accuracy of the certifi23 cation notifications and documentation submitted 

24 under paragraph (1), shall use an existing website 

25 maintained by the Secretary to publish— 


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1 (A) a list of covered entities that are cer2 tified under paragraph (1) as verifiers of the 

3 processes described in protocols for voluntary 

4 environmental credit markets; and 

5 (B) a list of covered entities that are cer6 tified under paragraph (1) as technical assist7 ance providers. 

8 (4) UPDATES.—Not less frequently than quar9 terly, the Secretary, in consultation with the Advi10 sory Council, shall update the lists published under 

11 paragraph (3). 

12 (5) SUBMISSION.—The Secretary shall notify 

13 Congress of the publication of the initial list under 

14 paragraph (3). 

15 (6) REQUIREMENT.—To remain certified under 

16 the Program, a covered entity shall continue— 

17 (A) to maintain expertise in the protocols 

18 described in subparagraph (A)(i) of subsection 

19 (d)(1); and 

20 (B) to adhere to the qualifications de21 scribed in subparagraph (A)(ii) of that sub22 section. 

23 (7) AUDITING.—Not less frequently than annu24 ally, the Secretary shall conduct audits of covered 

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1 sure compliance with the requirements under sub2 section (d)(1)(B) through an audit process that in3 cludes a representative sample of— 

4 (A) technical assistance providers; and 

5 (B) verifiers of the processes described in 

6 protocols for voluntary environmental credit 

7 markets. 

8 (8) REVOCATION OF CERTIFICATION.— 

9 (A) IN GENERAL.—The Secretary may re10 voke the certification of a covered entity under 

11 the Program in the event of noncompliance with 

12 the requirements under subsection (d)(1)(B). 

13 (B) NOTIFICATION.—If the Secretary re14 vokes a certification of a covered entity under 

15 subparagraph (A), to the extent practicable, the 

16 Secretary shall— 

17 (i) request from that covered entity 

18 contact information for all farmers, ranch19 ers, and private forest landowners to which 

20 the covered entity provided technical as21 sistance or the verification of the processes 

22 described in protocols for voluntary envi23 ronmental credit markets; and 


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1 (ii) notify those farmers, ranchers, 

2 and private forest landowners of the rev3 ocation. 

4 (9) FAIR TREATMENT OF FARMERS.—The Sec5 retary shall ensure, to the maximum extent prac6 ticable, that covered entities certified under para7 graph (1) act in good faith— 

8 (A) to provide realistic estimates of costs 

9 and revenues relating to activities and 

10 verification of processes, as applicable to the 

11 covered entity, as described in subsection 

12 (d)(2); and 

13 (B) in the case of technical assistance pro14 viders, to assist farmers, ranchers, and private 

15 forest landowners in ensuring that the farmers, 

16 ranchers, and private forest landowners receive 

17 fair distribution of revenues derived from the 

18 sale of an agriculture or forestry credit. 

19 (10) SAVINGS CLAUSE.—Nothing in this section 

20 authorizes the Secretary to compel a farmer, ranch21 er, or private forest landowner to participate in a 

22 transaction or project facilitated by a covered entity 

23 certified under paragraph (1). 

24 (f) ENFORCEMENT.— 

25 (1) PROHIBITION ON CLAIMS.— 


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1 (A) IN GENERAL.—A person that is not 

2 certified under the Program in accordance with 

3 this section shall not knowingly make a claim 

4 that the person is a ‘‘USDA-certified technical 

5 assistance provider or third-party verifier for 

6 voluntary environmental credit markets’’ or any 

7 substantially similar claim. 

8 (B) PENALTY.—Any person that violates 

9 subparagraph (A) shall be— 

10 (i) subject to a civil penalty equal to 

11 such amount as the Secretary determines 

12 to be appropriate, not to exceed $1,000 per 

13 violation; and 

14 (ii) ineligible to certify under the Pro15 gram for the 5-year period beginning on 

16 the date of the violation. 

17 (2) SUBMISSION OF FRAUDULENT INFORMA18 TION.— 

19 (A) IN GENERAL.—A person, regardless of 

20 whether the person is certified under the pro21 gram, shall not submit fraudulent information 

22 as part of a notification under subsection 

23 (e)(1). 

24 (B) PENALTY.—Any person that violates 

25 subparagraph (A) shall be subject to a civil 


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1 penalty equal to such amount as the Secretary 

2 determines to be appropriate, not to exceed 

3 $1,000 per violation. 

4 (g) GREENHOUSE GAS TECHNICAL ASSISTANCE

5 PROVIDER AND THIRD-PARTY VERIFIER CERTIFICATION

6 PROGRAM ADVISORY COUNCIL.— 

7 (1) IN GENERAL.—During the 90-day period 

8 beginning on the date on which the Program is es9 tablished, the Secretary shall establish an advisory 

10 council, to be known as the ‘‘Greenhouse Gas Tech11 nical Assistance Provider and Third-Party Verifier 

12 Certification Program Advisory Council’’. 

13 (2) MEMBERSHIP.— 

14 (A) IN GENERAL.—The Advisory Council 

15 shall be composed of members appointed by the 

16 Secretary in accordance with this paragraph. 

17 (B) GENERAL REPRESENTATION.—The 

18 Advisory Council shall— 

19 (i) be broadly representative of the ag20 riculture and private forest sectors; 

21 (ii) include socially disadvantaged 

22 farmers and ranchers and other historically 

23 underserved farmers, ranchers, or private 

24 forest landowners; and 


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1 (iii) be composed of not less than 51 

2 percent farmers, ranchers, or private forest 

3 landowners. 

4 (C) MEMBERS.—Members appointed under 

5 subparagraph (A) shall include— 

6 (i) not more than 2 representatives of 

7 the Department of Agriculture, as deter8 mined by the Secretary; 

9 (ii) not more than 1 representative of 

10 the Environmental Protection Agency, as 

11 determined by the Administrator of the 

12 Environmental Protection Agency; 

13 (iii) not more than 1 representative of 

14 the National Institute of Standards and 

15 Technology; 

16 (iv) not fewer than 12 representatives 

17 of the agriculture industry, appointed in a 

18 manner that is broadly representative of 

19 the agriculture sector, including not fewer 

20 than 6 active farmers and ranchers; 

21 (v) not fewer than 4 representatives of 

22 private forest landowners or the forestry 

23 and forest products industry appointed in 

24 a manner that is broadly representative of 

25 the private forest sector; 


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1 (vi) not more than 4 representatives 

2 of the relevant scientific research commu3 nity, including not fewer than 2 represent4 atives from land-grant colleges and univer5 sities (as defined in section 1404 of the 

6 National Agricultural Research, Extension, 

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

8 3103)), of which 1 shall be a representa9 tive of a college or university eligible to re10 ceive funds under the Act of August 30, 

11 1890 (commonly known as the ‘‘Second 

12 Morrill Act’’) (26 Stat. 417, chapter 841; 

13 7 U.S.C. 321 et seq.), including Tuskegee 

14 University; 

15 (vii) not more than 2 experts or pro16 fessionals familiar with voluntary environ17 mental credit markets and the verification 

18 requirements in those markets; 

19 (viii) not more than 3 members of 

20 nongovernmental or civil society organiza21 tions with relevant expertise, of which not 

22 fewer than 1 shall represent the interests 

23 of socially disadvantaged groups; 

24 (ix) not more than 3 members of pri25 vate sector entities or organizations that 


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1 participate in voluntary environmental 

2 credit markets through which agriculture 

3 or forestry credits are bought and sold; 

4 and 

5 (x) any other individual whom the 

6 Secretary determines to be necessary to 

7 ensure that the Advisory Council is com8 posed of a diverse group of representatives 

9 of industry, academia, independent re10 searchers, and public and private entities. 

11 (D) CHAIR.—The Secretary shall designate 

12 a member of the Advisory Council to serve as 

13 the Chair. 

14 (E) TERMS.— 

15 (i) IN GENERAL.—The term of a 

16 member of the Advisory Council shall be 2 

17 years, except that, of the members first ap18 pointed— 

19 (I) not fewer than 8 members 

20 shall serve for a term of 1 year; 

21 (II) not fewer than 12 members 

22 shall serve for a term of 2 years; and 

23 (III) not fewer than 12 members 

24 shall serve for a term of 3 years. 


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1 (ii) ADDITIONAL TERMS.—After the 

2 initial term of a member of the Advisory 

3 Council, including the members first ap4 pointed, the member may serve not more 

5 than 4 additional 2-year terms. 

6 (3) MEETINGS.— 

7 (A) FREQUENCY.—The Advisory Council 

8 shall meet not less frequently than annually, at 

9 the call of the Chair. 

10 (B) INITIAL MEETING.—During the 90-day 

11 period beginning on the date on which the 

12 members are appointed under paragraph 

13 (2)(A), the Advisory Council shall hold an ini14 tial meeting. 

15 (4) DUTIES.—The Advisory Council shall— 

16 (A) periodically review and recommend any 

17 appropriate changes to— 

18 (i) the list of protocols and description 

19 of qualifications published by the Secretary 

20 under subsection (d)(1)(A); and 

21 (ii) the requirements described in sub22 section (d)(1)(B); 

23 (B) make recommendations to the Sec24 retary regarding the best practices that should 

25 be included in the protocols, description of 


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1 qualifications, and requirements described in 

2 subparagraph (A); and 

3 (C) advise the Secretary regarding— 

4 (i) the current methods used by vol5 untary environmental credit markets to 

6 quantify and verify the prevention, reduc7 tion, and mitigation of greenhouse gas 

8 emissions or sequestration of carbon; 

9 (ii) additional considerations for certi10 fying covered entities under the Program; 

11 (iii) means to reduce barriers to entry 

12 in the business of providing technical as13 sistance or the verification of the processes 

14 described in protocols for voluntary envi15 ronmental credit markets for covered enti16 ties, including by improving technical as17 sistance provided by the Secretary; 

18 (iv) means to reduce compliance and 

19 verification costs for farmers, ranchers, 

20 and private forest landowners in entering 

21 voluntary environmental credit markets, in22 cluding through mechanisms and processes 

23 to aggregate the value of activities across 

24 land ownership; 


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1 (v) issues relating to land and asset 

2 ownership in light of evolving voluntary en3 vironmental credit markets; and 

4 (vi) additional means to reduce bar5 riers to entry in voluntary environmental 

6 credit markets for farmers, ranchers, and 

7 private forest landowners, particularly for 

8 historically underserved, socially disadvan9 taged, or limited resource farmers, ranch10 ers, or private forest landowners. 

11 (5) COMPENSATION.—The members of the Ad12 visory Council shall serve without compensation. 

13 (6) CONFLICT OF INTEREST.—The Secretary 

14 shall prohibit any member of the Advisory Council 

15 from— 

16 (A) engaging in any determinations or ac17 tivities of the Advisory Council that may result 

18 in the favoring of, or a direct and predictable 

19 effect on— 

20 (i) the member or a family member, 

21 as determined by the Secretary; 

22 (ii) stock owned by the member or a 

23 family member, as determined by the Sec24 retary; or 


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1 (iii) the employer of, or a business 

2 owned in whole or in part by, the member 

3 or a family member, as determined by the 

4 Secretary; or 

5 (B) providing advice or recommendations 

6 regarding, or otherwise participating in, mat7 ters of the Advisory Council that— 

8 (i) constitute a conflict of interest 

9 under section 208 of title 18, United 

10 States Code; or 

11 (ii) may call into question the integ12 rity of the Advisory Council, the Program, 

13 or the technical assistance or verification 

14 activities described under subsection 

15 (d)(2). 

16 (7) FACA APPLICABILITY.—The Advisory 

17 Council shall be subject to the Federal Advisory 

18 Committee Act (5 U.S.C. App.), except that section 

19 14(a)(2) of that Act shall not apply. 

20 (h) ASSESSMENT.— 

21 (1) IN GENERAL.—Not later than 240 days 

22 after the date of enactment of this Act, the Sec23 retary, in consultation with the Administrator of the 

24 Environmental Protection Agency, shall— 


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1 (A) conduct an assessment, including by 

2 incorporating information from existing publica3 tions and reports of the Department of Agri4 culture and other entities with relevant exper5 tise, regarding— 

6 (i) the number and categories of non7 Federal actors in the nonprofit and for8 profit sectors involved in buying, selling, 

9 and trading agriculture or forestry credits 

10 in voluntary environmental credit markets; 

11 (ii) the estimated overall domestic 

12 market demand for agriculture or forestry 

13 credits at the end of the preceding 4-cal14 endar year period, and historically, in vol15 untary environmental credit markets; 

16 (iii) the total number of agriculture or 

17 forestry credits (measured in metric tons 

18 of carbon dioxide equivalent) that were es19 timated to be in development, generated, 

20 or sold in market transactions during the 

21 preceding 4-calendar year period, and his22 torically, in voluntary environmental credit 

23 markets; 

24 (iv) the estimated supply and demand 

25 of metric tons of carbon dioxide equivalent 


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1 of offsets in the global marketplace for the 

2 next 4 years; 

3 (v) the barriers to entry due to com4 pliance and verification costs described in 

5 subsection (g)(4)(C)(iv); 

6 (vi) the state of monitoring and meas7 urement technologies needed to quantify 

8 long-term carbon sequestration in soils and 

9 from other activities to prevent, reduce, or 

10 mitigate greenhouse gas emissions in the 

11 agriculture and forestry sectors; 

12 (vii) means to reduce barriers to entry 

13 into voluntary environmental credit mar14 kets for small, beginning, and socially dis15 advantaged farmers, ranchers, and private 

16 forest landowners and the extent to which 

17 existing protocols in voluntary environ18 mental credit markets allow for aggrega19 tion of projects among farmers, ranchers, 

20 and private forest landowners; 

21 (viii) means to leverage existing De22 partment of Agriculture programs and 

23 other Federal programs that could im24 prove, lower the costs of, and enhance the 


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1 deployment of monitoring and measure2 ment technologies described in clause (vi); 

3 (ix) the potential impact of Depart4 ment of Agriculture activities on supply 

5 and demand of agriculture or forestry 

6 credits; 

7 (x) the potential role of the Depart8 ment of Agriculture in encouraging innova9 tion in voluntary environmental credit mar10 kets; 

11 (xi) the extent to which the existing 

12 regimes for generating and selling agri13 culture or forestry credits, as the regimes 

14 exist at the end of the preceding 4-cal15 endar year period, and historically, and ex16 isting voluntary environmental credit mar17 kets, may be impeded or constricted, or 

18 achieve greater scale and reach, if the De19 partment of Agriculture were involved, in20 cluding by considering the role of the De21 partment of Agriculture in reducing the 

22 barriers to entry identified under clause 

23 (v), including by educating stakeholders 

24 about voluntary environmental credit mar25 kets; 


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1 (xii) the extent to which existing pro2 tocols in voluntary environmental credit 

3 markets, including verification, 

4 additionality, permanence, and reporting, 

5 adequately take into consideration and ac6 count for factors encountered by the agri7 culture and private forest sectors in pre8 venting, reducing, or mitigating greenhouse 

9 gases or sequestering carbon through agri10 culture and forestry practices, considering 

11 variances across regions, topography, soil 

12 types, crop or species varieties, and busi13 ness models; 

14 (xiii) the extent to which existing pro15 tocols in voluntary environmental credit 

16 markets consider options to ensure the 

17 continued valuation, through discounting 

18 or other means, of agriculture and forestry 

19 credits in the case of the practices under20 lying those credits being disrupted due to 

21 unavoidable events, including production 

22 challenges and natural disasters; and 

23 (xiv) opportunities for other voluntary 

24 markets outside of voluntary environmental 

25 credit markets to foster the trading, buyVerDate Sep 11 2014 22:33 Jun 07, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2820.IH H2820

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1 ing, or selling of credits that are derived 

2 from activities that provide other eco3 system service benefits, including activities 

4 that improve water quality, water quantity, 

5 wildlife habitat enhancement, and other 

6 ecosystem services, as the Secretary deter7 mines appropriate; 

8 (B) publish the assessment; and 

9 (C) submit the assessment to the Com10 mittee on Agriculture, Nutrition, and Forestry 

11 of the Senate and the Committee on Agri12 culture of the House of Representatives. 

13 (2) QUADRIENNIAL ASSESSMENT.—The Sec14 retary, in consultation with the Administrator of the 

15 Environmental Protection Agency and the Advisory 

16 Council, shall conduct the assessment described in 

17 paragraph (1)(A) and publish and submit the assess18 ment in accordance with subparagraphs (B) and (C) 

19 of paragraph (1) every 4 years after the publication 

20 and submission of the first assessment under sub21 paragraphs (B) and (C) of paragraph (1). 

22 (i) REPORT.—Not later than 2 years after the date 

23 on which the Program is established, and every 2 years 

24 thereafter, the Secretary shall publish and submit to the 

25 Committee on Agriculture, Nutrition, and Forestry of the 


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1 Senate and the Committee on Agriculture of the House 

2 of Representatives a report describing, for the period cov3 ered by the report— 

4 (1) the number of covered entities that— 

5 (A) were registered under the Program; 

6 (B) were new registrants under the Pro7 gram, if applicable; and 

8 (C) did not renew their registration under 

9 the Program, if applicable; 

10 (2) each covered entity the certification of 

11 which was revoked by the Secretary under sub12 section (e)(8); 

13 (3) a review of the outcomes of the Program, 

14 including— 

15 (A) the ability of farmers, ranchers, and 

16 private forest landowners, including small, be17 ginning, and socially disadvantaged farmers, 

18 ranchers, and private forest landowners, to de19 velop agriculture or forestry credits through 

20 covered entities certified under the Program; 

21 (B) methods to improve the ability of 

22 farmers, ranchers, and private forest land23 owners to overcome barriers to entry to vol24 untary environmental credit markets; and 


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1 (C) methods to further facilitate participa2 tion of farmers, ranchers, and private forest 

3 landowners in voluntary environmental credit 

4 markets; and 

5 (4) any recommendations for improvements to 

6 the Program. 

7 (j) CONFIDENTIALITY.— 

8 (1) PROHIBITION.— 

9 (A) IN GENERAL.—Except as provided in 

10 paragraph (2), the Secretary, any other officer 

11 or employee of the Department of Agriculture 

12 or any agency of the Department of Agri13 culture, or any other person may not disclose to 

14 the public the information held by the Secretary 

15 described in subparagraph (B). 

16 (B) INFORMATION.— 

17 (i) IN GENERAL.—Except as provided 

18 in clause (ii), the information prohibited 

19 from disclosure under subparagraph (A) 

20 is— 

21 (I) information collected by the 

22 Secretary or published by the Sec23 retary under subsection (h) or (i); 

24 (II) personally identifiable infor25 mation, including in a contract or 


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1 service agreement, of a farmer, ranch2 er, or private forest landowner, ob3 tained by the Secretary under para4 graph (7) or (8)(B)(i) of subsection 

5 (e); and 

6 (III) confidential business infor7 mation in a contract or service agree8 ment of a farmer, rancher, or private 

9 forest landowner obtained by the Sec10 retary under paragraph (7) or 

11 (8)(B)(i) of subsection (e). 

12 (ii) AGGREGATED RELEASE.—Infor13 mation described in clause (i) may be re14 leased to the public if the information has 

15 been transformed into a statistical or ag16 gregate form that does not allow the iden17 tification of the person who supplied or is 

18 the subject of the particular information. 

19 (2) EXCEPTION.—Paragraph (1) shall not pro20 hibit the disclosure— 

21 (A) of the name of any covered entity pub22 lished and submitted by the Secretary under 

23 subsection (i)(2); or 

24 (B) by an officer or employee of the Fed25 eral Government of information described in 


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1 paragraph (1)(B) as otherwise directed by the 

2 Secretary or the Attorney General for enforce3 ment purposes. 

4 (k) FUNDING.— 

5 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

6 addition to the amount made available under para7 graph (2), there is authorized to be appropriated to 

8 carry out this section $1,000,000 for each of fiscal 

9 years 2022 through 2026. 

10 (2) DIRECT FUNDING.— 

11 (A) RESCISSION.—There is rescinded 

12 $4,100,000 of the unobligated balance of 

13 amounts made available by section 1003 of the 

14 American Rescue Plan Act of 2021 (Public Law 

15 117–2). 

16 (B) DIRECT FUNDING.—If sufficient unob17 ligated amounts made available by section 1003 

18 of the American Rescue Plan Act of 2021 (Pub19 lic Law 117–2) are available to execute the re20 scission described in subparagraph (A), on the 

21 day after the execution of the rescission, there 

22 is appropriated to the Secretary, out of 

23 amounts in the Treasury not otherwise appro24 priated, $4,100,000 to carry out this section. 

Æ 


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