I 
111TH CONGRESS 
1ST SESSION H. R. 3748 
To establish loan guarantee programs to develop biochar technology using 
excess plant biomass, to establish biochar demonstration projects on 
public land, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2009 
Ms. BERKLEY (for herself and Ms. TITUS) introduced the following bill; which 
was referred to the Committee on Natural Resources, and in addition to 
the Committees on Agriculture and Science and Technology, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To establish loan guarantee programs to develop biochar 
technology using excess plant biomass, to establish 
biochar demonstration projects on public land, 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 ‘‘Water Efficiency via 
Carbon Harvesting and Restoration (WECHAR) Act of 
2009’’. 
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SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) numerous expert reports have brought at-
tention to the negative impacts caused by invasive 
weed species, including the consumption of water in 
areas with diminishing supplies; 
(2) salt cedar, or Tamarix species, a noxious 
and invasive plant commonly found on public land 
can consume 200 gallons of water per plant each 
day; 
(3) salt cedar now covers as much as 1,000,000 
acres of floodplains, riparian acres, wetland, and 
lake margins in the Western United States; 
(4) minimizing the impact of and eradicating 
invasive species that wrest water from delicate wa-
tersheds is in the best interest of the United States; 
(5) as drought conditions worsen and legal re-
quirements relating to water supply accelerate water 
shortages, innovative approaches are needed to ad-
dress the increasing demand for water; 
(6) pine bark beetle has killed thousands of 
acres of standing forests in the Western United 
States, creating a hazardous buildup of dead tree 
biomass that is a serious fire threat to those and 
surrounding areas; 
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(7) biochar technology would result in a more 
cost-effective, environmentally beneficial, and suc-
cessful approach to combating invasive weeds and 
removing excess biomass and plant waste from pub-
lic land; 
(8) invasive weeds and excess biomass on public 
land can serve as feedstock for biochar and alter-
native fuel production; 
(9) it is in the best interest of the United 
States to conduct a comprehensive and thorough re-
search, development, and demonstration program on 
biochar and related bioenergy so as to better under-
stand how to use excess biomass available on public 
land; and 
(10) biochar production and use systems have 
been shown to have many ancillary beneficial envi-
ronmental impacts. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to restore the natural hydrology of Western 
landscapes by removing water-intensive invasive 
plant species; 
(2) to reduce dangerous forest and rangeland 
fuel loads; 
(3) to develop technologies to convert undesir-
able invasive plant species to useful materials; 
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(4) to develop markets for those materials; and 
(5) to provide technologies to land managers to 
continue those processes into the future. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) BIOCHAR.—The term ‘‘biochar’’ means 
charcoal or black carbon derived from organic mat-
ter through pyrolysis. 
(2) BIOENERGY.—The term ‘‘bioenergy’’ means 
hydrocarbons derived from organic matter through 
pyrolysis, including bio-oil, syngas, or thermal en-
ergy. 
(3) EXCESS BIOMASS.— 
(A) IN GENERAL.—The term ‘‘excess bio-
mass’’ means any plant matter targeted for re-
moval from public land to promote ecosystem 
health. 
(B) INCLUSIONS.—The term ‘‘excess bio-
mass’’ includes— 
(i) trees or tree waste on public land; 
(ii) wood and wood wastes and resi-
dues; and 
(iii) weedy plants and grasses (includ-
ing aquatic, noxious, or invasive plants). 
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(4) FEEDSTOCK.—The term ‘‘feedstock’’ means 
excess biomass in the form of plant matter or mate-
rials that serves as the raw material for the produc-
tion of biochar and bioenergy. 
(5) INVASIVE
PLANT
SPECIES.—The term 
‘‘invasive plant species’’ means a species— 
(A) that is nonnative to a specified eco-
system; and 
(B) the introduction to an ecosystem of 
which causes, or may cause, harm to— 
(i) the economy; 
(ii) the environment; 
(iii) water resources; or 
(iv) human, animal, or plant health. 
(6) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means the Secretary of the Inte-
rior or the Secretary of Agriculture, as appropriate. 
SEC. 4. RESOURCE ASSESSMENT. 
(a) IN GENERAL.—The Director of the United States 
Geological Survey shall conduct resources assessments 
that collect and synthesize interagency and State data to 
quantify— 
(1) invasive plant species and excess biomass in 
the form of dangerous fuel loads on public land that 
can be used for feedstock; 
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(2) estimated carbon content in that feedstock; 
(3) estimated potential biochar and bioenergy 
producible from that feedstock; and 
(4) potential water savings resulting from re-
moval of invasive plant species and excess biomass 
on public land, by watershed. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act and biennially thereafter, the Di-
rector of United States Geological Survey shall submit to 
Congress a report that describes the results of each re-
source assessment conducted under subsection (a). 
SEC. 5. TECHNOLOGY RESEARCH. 
(a) DEVELOPMENT OF MOBILE BIOCHAR PRODUC-
TION UNITS.—Not later than 1 year after the date of en-
actment of this Act and in accordance with subsection (c), 
the Secretary of the Interior shall establish a program to 
provide guarantees of loans by private institutions— 
(1) to develop and optimize commercially and 
technologically 
viable 
biochar 
production 
units 
that— 
(A) are designed to use woody invasive 
plant species and excess biomass feedstock such 
as tamarisk, pinyon pine, and juniper; 
(B) produce net negative carbon emissions 
relative to natural decomposition; 
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(C) are self-contained on a portable plat-
form suitable for deployment to remote loca-
tions and on unpaved roads; and 
(D) can capture biochar and bioenergy 
produced for immediate energy needs or trans-
port to market; and 
(2) to produce, not later than 2 years after the 
date of securing a guaranteed loan under this sec-
tion for the purposes described in section 7(a)(2), 4 
biochar production units for deployment to remote 
landscapes, of which— 
(A) 2 shall be dedicated primarily to con-
tract work with the Bureau of Land Manage-
ment; and 
(B) 2 shall be dedicated primarily to con-
tract work with the National Park Service. 
(b) DEVELOPMENT OF FIXED BIOCHAR PRODUCTION 
UNITS.—Not later than 1 year after the date of enactment 
of this Act and in accordance with subsection (c), the Sec-
retary of Agriculture shall establish a program to provide 
guarantees of loans by private institutions— 
(1) to develop and optimize commercially and 
technologically 
viable 
biochar 
production 
units 
that— 
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(A) while not necessarily self contained, 
can be disassembled, moved, and reassembled to 
be operational on a new site within 30 days, so 
as to support fuels reduction work; 
(B) are designed to use excess biomass 
feedstock, such as trees killed by bark beetle in-
festations; 
(C) produce net negative carbon emissions 
relative to natural decomposition; and 
(D) can capture biochar and bioenergy 
produced for immediate energy needs or trans-
port to market; and 
(2) to produce, not later than 2 years after the 
date of securing a guaranteed loan under this sec-
tion for the purposes described in section 7(a)(3), 2 
biochar production units for deployment to remote 
landscapes. 
(c) GUARANTEED LOAN PROGRAM.— 
(1) IN
GENERAL.—The Secretary concerned 
may provide loan guarantees under this section to 
an applicant if the biochar production units pro-
duced by the applicant will be dedicated primarily to 
contract restoration work with the Bureau of Land 
Management, National Park Service, or Forest Serv-
ice, using— 
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(A) pinyon pine and juniper feedstock in 
the Great Basin; 
(B) tamarisk feedstock in the Mojave 
Desert; or 
(C) excess biomass feedstock, such as trees 
killed by bark beetle infestations in the Inter-
mountain West. 
(2) CRITERIA.—In selecting recipients of loan 
guarantees from among applicants, the Secretary 
concerned shall give preference to proposals that, as 
determined by the Secretary concerned— 
(A) meet all applicable Federal and State 
permitting requirements; 
(B) are most likely to be successful; and 
(C) are located in local markets that have 
the greatest need for the biochar production 
units due to— 
(i) identified high-priority landscape 
restoration needs; 
(ii) availability of sufficient quantities 
of feedstocks described in subsection (b); 
or 
(iii) a high level of demand for 
biochar or other commercial byproducts of 
the biochar production units. 
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(3) MATURITY.—A loan guaranteed under this 
section shall have a maturity of not more than 20 
years. 
(4) TERMS AND CONDITIONS.—The loan agree-
ment for a loan guaranteed under this section shall 
provide that no provision of the loan agreement may 
be amended or waived without the consent of the 
Secretary. 
(5) GUARANTEE FEE.—The recipient of a loan 
guarantee under this section shall pay to the Sec-
retary concerned a guarantee fee in an amount de-
termined by the Secretary concerned to be sufficient 
to cover the administrative costs of the Secretary 
concerned relating to the loan guarantee. 
(6) FULL FAITH AND CREDIT.— 
(A) IN GENERAL.—The full faith and cred-
it of the United States is pledged to the pay-
ment of all guarantees made by the Secretary 
concerned under this section. 
(B) EVIDENCE.—Any guarantee made by 
the Secretary concerned under this section shall 
be conclusive evidence of the eligibility of the 
loan for the guarantee with respect to principal 
and interest. 
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(C) VALIDITY.—The validity of any guar-
antee made by the Secretary concerned under 
this section shall be incontestable in the hands 
of a holder of the guaranteed loan. 
(7) ANNUAL
REPORTS.—Until the date on 
which each guaranteed loan under this section has 
been repaid in full, each year the Secretary con-
cerned shall submit to Congress a report on the ac-
tivities of the Secretary concerned under this section 
during the preceding year. 
SEC. 6. EXISTING TECHNOLOGY. 
(a) IN GENERAL.—The Secretary of the Interior and 
the Secretary of Agriculture shall each establish a pro-
gram to provide guarantees of loans by private institutions 
for the construction or acquisition of facilities for the pro-
duction of biochar. 
(b) REQUIREMENT.—The Secretary concerned may 
provide a loan guarantee under this section to an applicant 
if facilities constructed or acquired by the applicant will 
be dedicated primarily to contract restoration work with 
the Bureau of Land Management, National Park Service, 
or Forest Service, using— 
(1) pinyon pine and juniper feedstock in the 
Great Basin; 
(2) tamarisk feedstock in the Mojave Desert; or 
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(3) excess biomass feedstock, such as trees 
killed by bark beetle infestations in the Inter-
mountain West. 
(c) CRITERIA.—In selecting recipients of loan guar-
antees from among applicants, the Secretary concerned 
shall give preference to proposals that, as determined by 
the Secretary concerned— 
(1) meet all applicable Federal and State per-
mitting requirements; 
(2) are most likely to be successful; and 
(3) are located in local markets that have the 
greatest need for the facility due to— 
(A) identified high-priority landscape res-
toration needs; 
(B) availability of sufficient quantities of 
feedstocks described in subsection (b); or 
(C) a high level of demand for biochar or 
other commercial byproducts of the facility. 
(d) MATURITY.—A loan guaranteed under this sec-
tion shall have a maturity of not more than 20 years. 
(e) TERMS AND CONDITIONS.—The loan agreement 
for a loan guaranteed under this section shall provide that 
no provision of the loan agreement may be amended or 
waived without the consent of the Secretary concerned. 
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(f) GUARANTEE FEE.—The recipient of a loan guar-
antee under this section shall pay the Secretary concerned 
a guarantee fee in an amount determined by the Secretary 
concerned to be sufficient to cover the administrative costs 
of the Secretary concerned relating to the loan guarantee. 
(g) FULL FAITH AND CREDIT.— 
(1) IN GENERAL.—The full faith and credit of 
the United States is pledged to the payment of all 
guarantees made by the Secretary concerned under 
this section. 
(2) EVIDENCE.—Any guarantee made by the 
Secretary concerned under this section shall be con-
clusive evidence of the eligibility of the loan for the 
guarantee with respect to principal and interest. 
(3) VALIDITY.—The validity of any guarantee 
made by the Secretary concerned under this section 
shall be incontestable in the hands of a holder of the 
guaranteed loan. 
(h) ANNUAL REPORTS.—Until the date on which 
each guaranteed loan under this section has been repaid 
in full, each year the Secretary concerned shall submit to 
Congress a report on the activities of the Secretary con-
cerned under this section during the preceding year. 
SEC. 7. DEPLOYMENT. 
(a) NEW TECHNOLOGY.— 
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(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of 
the Interior and the Secretary of Agriculture shall 
initiate 3-year programs to employ the biochar pro-
duction units provided under section 5 in pilot appli-
cations in various climates and ecosystems of the 
United States. 
(2) MOBILE UNITS.—In the case of biochar pro-
duction units developed or optimized under section 
5(a)— 
(A) the Director of the National Park 
Service shall carry out initial programs using 
invasive tamarisk in the Mojave Desert as feed-
stock; and 
(B) the Director of the Bureau of Land 
Management shall carry out initial programs 
using excess pinyon pine and juniper biomass in 
the Great Basin as feedstock. 
(3) FIXED UNITS.—In the case of biochar pro-
duction units developed or optimized under section 
5(b), the Chief of the Forest Service shall carry out 
the initial program using bark beetle-killed trees in 
the Intermountain West. 
(b) EXISTING TECHNOLOGY.— 
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(1) IN
GENERAL.—Not later than 180 days 
after enactment of this Act, the Secretary of the In-
terior and the Secretary of Agriculture shall prepare 
plans for carrying out 3-year landscape restoration 
programs in various climates and ecosystems of the 
United States to employ facilities constructed or ac-
quired under section 6. 
(2) REQUIREMENTS.—In carrying out the land-
scape restoration programs described in paragraph 
(1), the Secretary of the Interior and the Secretary 
of Agriculture shall carry out programs using 
invasive tamarisk in the Mojave Desert, excess 
pinyon pine and juniper biomass in the Great Basin, 
and bark beetle-killed trees in the Intermountain 
West. 
SEC. 8. APPLICATION AND MARKET RESEARCH. 
(a) ATTRIBUTES.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Agriculture 
shall provide competitive grants to conduct research and 
analysis that identifies— 
(1) attributes and composition profiles of 
biochar produced from different feedstocks for use 
as soil amendments; and 
(2) attributes and composition profiles of bio-
energy produced from different feedstocks for use as 
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fuel for transportation, heating, or other uses identi-
fied in subsection (b)(1). 
(b) MARKET DEVELOPMENT.—Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Agriculture, acting through the Director of the National 
Institute of Food and Agriculture, the Administrator of 
the Agricultural Research Service, and the Administrator 
of the Agricultural Marketing Service shall provide com-
petitive grants to conduct research and analysis that— 
(1) identifies potential uses and markets for 
biochar and bioenergy; and 
(2) in the case of economic and life-cycle issues, 
analyzes— 
(A) the full production costs versus the 
economic benefits of biochar production sys-
tems; 
(B) the impact of the production and use 
of biochar, including the performance of biochar 
in carbon sequestration programs; and 
(C) the availability of feedstocks and the 
efficiency of using those feedstock for biochar 
production as compared to other biofuel-produc-
tion systems. 
(c) ENVIRONMENTAL REVIEW.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
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of Agriculture shall provide competitive grants to conduct 
research and analysis relating to— 
(1) the environmental benefits of biochar pro-
duction and use, including— 
(A) the water savings resulting from re-
ducing populations of invasive or noxious plant 
species; 
(B) the potential of biochar production 
systems— 
(i) to reduce fertilizer use, nutrient 
leaching, and run-off; and 
(ii) to reduce water pollution from 
feedlot runoff by capturing ammonia; and 
(C) the reduction in greenhouse gas emis-
sions resulting from the production and use of 
related bioenergy; and 
(2) the potential environmental impacts of 
biochar and bioenergy use, including— 
(A) the potential toxicity and other adverse 
ecosystem effects resulting from biochar pro-
duction or use of different biochars, as identi-
fied under subsection (a)(1); 
(B) the characterization of combustion 
products of bioenergy, as identified under sub-
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section (a)(2), and the effects of those combus-
tion products on air and water quality; and 
(C) impacts on human health and safety. 
(d) DEVELOPMENT OF BIOCHAR IN LANDSCAPE RES-
TORATION.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Agriculture, acting 
through the Director of the National Institute of Food and 
Agriculture and the Administrator of the Agricultural Re-
search Service, shall provide competitive grants to re-
search and analyze— 
(1) the potential uses of biochar in landscape 
restoration in different ecosystems and soil types; 
(2) the relative benefits and potential adverse 
effects of use of different biochars, as identified 
under subsection (a)(1) in different western eco-
systems and soil types; and 
(3) the safety and efficacy of different methods 
of application. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
sections 4 through 8, including for the cost of grants and 
loan guarantees under those sections, such sums as are 
necessary for each of fiscal years 2010 through 2016. 
Æ 
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