I 
111TH CONGRESS 
1ST SESSION H. R. 2880 
To require the Secretary of Agriculture to establish a carbon incentives 
program to achieve supplemental greenhouse gas emissions reductions 
on private agricultural and forestland of the United States, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2009 
Ms. PINGREE of Maine (for herself, Mr. SHULER, Mr. SCHRADER, Mr. 
HODES, and Mr. MICHAUD) introduced the following bill; which was re-
ferred to the Committee on Agriculture, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To require the Secretary of Agriculture to establish a carbon 
incentives program to achieve supplemental greenhouse 
gas emissions reductions on private agricultural and 
forestland of the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Buy American Carbon 
Incentives Program Act of 2009’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) AVOIDED CONVERSION AGREEMENT.—The 
term ‘‘avoided conversion agreement’’ means a per-
manent conservation easement covering eligible land 
enrolled under a climate mitigation contract pro-
viding that the eligible land covered will not be con-
verted for development. Avoided conversion agree-
ments shall be consistent with the guidelines of the 
Farm and Ranchland Protection Program, Forest 
Legacy Program, or any other program approved by 
the Secretary for use under this section to provide 
consistency with Federal legal requirements for per-
manent conservation easements. 
(2) CLIMATE
MITIGATION
CONTRACT.—The 
term ‘‘climate mitigation contract’’ or ‘‘contract’’ 
means a contract of not less than 15 years speci-
fying the eligible practices that will be undertaken, 
the acreage of eligible land upon which the practices 
will be undertaken, the agreed rate of compensation 
per acre, and a schedule to verify that the terms of 
the contract have been fulfilled. 
(3) ELIGIBLE
LANDS.—The term ‘‘eligible 
lands’’ means agricultural and forestland in the 
United States that is privately owned at the time of 
initiation of a climate mitigation contract. 
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(4) ELIGIBLE
PRACTICE.—The term ‘‘eligible 
practice’’ means an agricultural practice or forestry 
practice determined by the Secretary to provide 
measurable increases in carbon sequestration and 
storage on eligible lands beyond customary practices 
on comparable lands. 
(5) PROGRAM.—The term ‘‘program’’ means 
the carbon incentives program required by this Act. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
SEC. 3. SUPPLEMENTAL GREENHOUSE GAS EMISSIONS RE-
DUCTIONS IN THE UNITED STATES. 
(a) ESTABLISHMENT AND PURPOSE.—The Secretary 
of Agriculture shall establish a carbon incentives program 
to achieve supplemental greenhouse gas emissions reduc-
tions on private agricultural and forestland of the United 
States. 
(b) FINANCIAL INCENTIVE PAYMENTS.—The Sec-
retary shall provide financial incentive payments under the 
program for activities that— 
(1) measurably increase carbon sequestration 
and storage over a designated contract period 
through management activities on eligible lands; and 
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(2) maintain carbon sequestration and storage 
and avoid future emissions through permanent 
avoided conversion agreements on eligible lands. 
SEC. 4. PROGRAM REQUIREMENTS. 
(a) CONTRACT REQUIRED.—To participate in the 
program, owners of eligible lands shall enter into a climate 
mitigation contract with the Secretary. 
(b) PROGRAM COMPONENTS.—In establishing the 
program, the Secretary shall further provide that— 
(1) funds distributed under this section shall 
not be substituted for, or otherwise used as a basis 
for reducing, funding authorized or appropriated 
under other programs to compensate owners of eligi-
ble lands for activities that are not covered under a 
climate mitigation contract; 
(2) emissions reductions achieved through a cli-
mate mitigation contract shall not be eligible for 
crediting under any federally established offset pro-
gram; and 
(3) compensation for activities under this pro-
gram shall be set at such a rate so as not to exceed 
the net estimated benefit an owner of eligible land 
would receive for the same practices through cred-
iting under any federally established carbon offset 
program. 
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SEC. 5. INCENTIVE PAYMENTS. 
(a) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
establish regulations specifying eligible practices and re-
lated compensation rates, standards, and guidelines as the 
basis for developing climate mitigation contracts with own-
ers of eligible lands. 
(b) SET-ASIDE
OF FUNDS
FOR CERTAIN PUR-
POSES.—Not less than 35 percent of program funds shall 
be used to provide further incentives for owners of eligible 
lands willing to undertake activities and enter into agree-
ments that protect carbon reductions and otherwise en-
hance environmental benefits achieved under a climate 
mitigation contract, which shall include— 
(1) 10 percent to provide incentive payments 
for additional management activities that increase 
the adaptive capacity of lands under a climate miti-
gation contract, including but not limited to activi-
ties that increase forest resilience to reversal of 
stored carbon; and 
(2) 25 percent to make funds available on a 
competitive basis to compensate owners for entering 
avoided conversion agreements on lands subject to a 
climate mitigation contract. 
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SEC. 6. PERFORMANCE OF SUPPLEMENTAL REDUCTIONS. 
In carrying out the program, the Secretary shall 
strive to achieve and report on progress toward reaching 
the following levels of carbon sequestration and storage 
through climate mitigation contracts: 
(1) 100,000,000 tons of cumulative reductions 
by 2020. 
(2) 200,000,000 tons of additional cumulative 
reductions by 2030. 
SEC. 
7. 
PROGRAM 
MEASUREMENT, 
MONITORING, 
VERIFICATION, AND REPORTING. 
(a) 
MEASUREMENT, 
MONITORING, 
AND 
VERIFICATION.—The Secretary shall establish and imple-
ment protocols that provide reasonable monitoring and 
verification of compliance with climate mitigation con-
tracts, to include field sampling of actual performance to 
develop annual estimates of emissions reductions achieved 
under the program. Eligible practices and compensation 
rates may be adjusted for future climate mitigation con-
tracts based on results of these measures. 
(b) REPORTING REQUIREMENT.—At least once every 
18 months, the Secretary shall submit to Congress a re-
port containing— 
(1) an estimate of annual and cumulative re-
ductions generated through the program, determined 
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