I 
118TH CONGRESS 
1ST SESSION H. R. 4163 
To amend the Food Security Act of 1985 to optimize the sequestration 
of carbon and the reduction of net emissions through agricultural prac-
tices, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2023 
Mr. GALLAGHER (for himself, Mr. HUFFMAN, and Mr. NUNN of Iowa) intro-
duced the following bill; which was referred to the Committee on Agri-
culture 
A BILL 
To amend the Food Security Act of 1985 to optimize the 
sequestration of carbon and the reduction of net emis-
sions through agricultural practices, and for other pur-
poses. 
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 ‘‘Naturally Offsetting 
Emissions by Managing and Implementing Tillage Strate-
gies Act of 2023’’ or the ‘‘NO EMITS Act of 2023’’. 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 2. SOIL HEALTH TRANSITION INCENTIVE PROGRAM. 
Section 1240B of the Food Security Act of 1985 (16 
U.S.C. 3839aa–2) is amended by adding at the end the 
following: 
‘‘(k) SOIL HEALTH TRANSITION INCENTIVE PRO-
GRAM.— 
‘‘(1) ESTABLISHMENT
AND
PURPOSES.—The 
Secretary shall establish a soil health transition in-
centive program to assist producers in transitioning 
to soil health cropping systems by— 
‘‘(A) providing incentives to adopt soil 
health cropping systems, including by address-
ing the economic risk during a transition to a 
new soil health cropping system; and 
‘‘(B) providing technical assistance for 
such a transition. 
‘‘(2) CONTRACTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
enter into soil health transition incentive con-
tracts with producers under this subsection to 
provide payments for— 
‘‘(i) the adoption and installation of 
soil health practices (including cover crop-
ping, no till, and minimum till) or cropping 
systems; and 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(ii) completing, managing, maintain-
ing, and improving the soil health practices 
or cropping systems for the duration of the 
contract, as determined appropriate by the 
Secretary. 
‘‘(B) PAYMENT AMOUNTS.—In determining 
the amount of payments under subparagraph 
(A), the Secretary shall consider, to the extent 
practicable— 
‘‘(i) the level and extent of the soil 
health practice or cropping system to be 
adopted, installed, completed, managed, 
maintained, or improved; 
‘‘(ii) the cost of the adoption, installa-
tion, completion, management, mainte-
nance, or improvement of the soil health 
practice or cropping system; 
‘‘(iii) income foregone by the pro-
ducer, including payments, as appropriate, 
to address— 
‘‘(I) increased economic risk; 
‘‘(II) loss in revenue due to an-
ticipated reductions in yield; and 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(III) economic losses during 
transition to new cropping systems; 
and 
‘‘(iv) the extent to which compensa-
tion would ensure long-term continued 
management, maintenance, and improve-
ment of the soil health practice or cropping 
system. 
‘‘(C) TERM.—A contract under this sub-
section shall have a term of not fewer than 5 
years and not more than 7 years. 
‘‘(3) INDIVIDUALIZED AGRONOMIC TECHNICAL 
ASSISTANCE.—To assist producers in making a suc-
cessful transition to a soil health cropping system, 
the Secretary shall provide individualized and 
multiyear agronomic technical assistance, at the op-
tion of the producer, through— 
‘‘(A) the Secretary; 
‘‘(B) a third-party provider; 
‘‘(C) a commercial entity (including a 
farmer cooperative or agriculture retailer); 
‘‘(D) a nonprofit entity with agronomic ex-
pertise; or 
‘‘(E) a State or local government (includ-
ing a conservation district).’’. 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 3. ON-FARM CONSERVATION INNOVATION TRIALS. 
Section 1240H(c) of the Food Security Act of 1985 
(16 U.S.C. 3839aa–8(c)) is amended— 
(1) in paragraph (1)(B)(i)— 
(A) in subclause (VI), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(B) by adding at the end the following: 
‘‘(VIII) practices related to live-
stock production; and’’; and 
(2) 
in 
paragraph 
(2), 
by 
striking 
‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’. 
SEC. 4. STATE ASSISTANCE FOR SOIL HEALTH. 
Subchapter B of chapter 4 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3839aa–21 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 1240L–2. STATE ASSISTANCE FOR SOIL HEALTH. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE INDIAN TRIBE.—The term ‘eligi-
ble Indian tribe’ means an Indian tribe that is— 
‘‘(A) implementing a soil health program 
for the area over which the Indian tribe has ju-
risdiction; and 
‘‘(B) meeting or exceeding performance 
measures established by the Indian tribe for the 
soil health program. 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(2) ELIGIBLE
STATE.—The term ‘eligible 
State’ means a State that is— 
‘‘(A) implementing a soil health program 
for the State; and 
‘‘(B) meeting or exceeding performance 
measures established by the State for the soil 
health program. 
‘‘(3) SOIL HEALTH PROGRAM.—The term ‘soil 
health program’ means a program to improve soil 
health on agricultural land that— 
‘‘(A) is broadly consistent with the soil 
health principles of the Natural Resources Con-
servation Service, as determined by the Sec-
retary; and 
‘‘(B) may include— 
‘‘(i) technical assistance; 
‘‘(ii) financial assistance; 
‘‘(iii) on-farm research and dem-
onstration; 
‘‘(iv) education, outreach, and train-
ing; 
‘‘(v) monitoring and evaluation; or 
‘‘(vi) such other components as the 
Secretary determines appropriate. 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(b) AVAILABILITY AND PURPOSE OF GRANTS.—For 
fiscal years 2024 through 2028, the Secretary shall make 
grants to eligible States and eligible Indian tribes for the 
purpose of improving soil health on agricultural lands 
through the implementation of State and Tribal soil health 
programs. 
‘‘(c) APPLICATIONS.— 
‘‘(1) IN GENERAL.—To receive a grant under 
this section, an eligible State or eligible Indian tribe 
shall submit to the Secretary an application at such 
time, in such a manner, and containing such infor-
mation as the Secretary shall require, which shall in-
clude— 
‘‘(A) a description of performance meas-
ures to be used to evaluate the State or Tribal 
soil health program and the results of any ac-
tivities carried out using grant funds received 
under this section; and 
‘‘(B) an assurance that grant funds re-
ceived under this section will supplement the 
expenditure of State or Tribal funds in support 
of soil health, rather than replace such funds. 
‘‘(2) TRIBAL
OPTION.—An Indian tribe shall 
have the option, at the sole discretion of the Indian 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
tribe, to be incorporated into the application of an 
eligible State. 
‘‘(d) PRIORITY.—In making grants under this sec-
tion, the Secretary shall give priority to eligible States and 
eligible Indian tribes with a climate action plan that in-
cludes soil health, as determined by the Secretary. 
‘‘(e) GRANTS.— 
‘‘(1) AMOUNT.—The amount of a grant to an 
eligible State or eligible Indian tribe under this sec-
tion for a fiscal year may not exceed the lower of— 
‘‘(A) $5,000,000; or 
‘‘(B) as applicable— 
‘‘(i) 50 percent of the cost of imple-
menting the State soil health program in 
the fiscal year; or 
‘‘(ii) 75 percent of the cost of imple-
menting the Tribal soil health program in 
the fiscal year. 
‘‘(2) TERM.—A grant under this section shall 
be for 1 year, and may be renewed annually. 
‘‘(f) AUDITS AND REVIEWS.—An eligible State or eli-
gible Indian tribe receiving a grant under this section shall 
submit to the Secretary— 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(1) for each year for which the State or Indian 
tribe receives such a grant, the results of an audit 
of the expenditures of the grant funds; and 
‘‘(2) at such intervals as the Secretary shall es-
tablish, a review and evaluation of the State or Trib-
al soil health program. 
‘‘(g) EFFECT
OF NONCOMPLIANCE.—If the Sec-
retary, after reasonable notice to an eligible State or eligi-
ble Indian tribe receiving a grant under this section, finds 
that the State or Indian tribe has failed to comply with 
the terms of the grant, the Secretary may disqualify, for 
1 or more years, the State or Indian tribe from receipt 
of future grants under this section. 
‘‘(h) FUNDING.—Of the funds made available to 
carry out this subchapter, $100,000,000 shall be available 
in each of fiscal years 2024 through 2028 to carry out 
this section. 
‘‘(i) ADMINISTRATION.— 
‘‘(1) DEPARTMENT.—The Secretary may not 
use more than 3 percent of the funds made available 
to carry out this section for a fiscal year for admin-
istrative expenses. 
‘‘(2) STATES OR INDIAN TRIBES.—An eligible 
State or eligible Indian tribe receiving a grant under 
this section may not use more than 7 percent of the 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
granted funds for a fiscal year for administrative ex-
penses.’’. 
SEC. 5. TECHNICAL ASSISTANCE. 
Section 1241(c) of the Food Security Act of 1985 (16 
U.S.C. 3841(c)) is amended by adding at the end the fol-
lowing: 
‘‘(5) SPECIAL INITIATIVE.— 
‘‘(A) IN GENERAL.—In each of fiscal years 
2024 through 2028, the Secretary shall carry 
out a special technical assistance initiative to 
assist producers in mitigating and adapting to 
climate change, using, of the funds of the Com-
modity Credit Corporation, an amount equal to 
not less than 1 percent of the amount of funds 
made available by subsection (a) for the fiscal 
year. 
‘‘(B) PROVISION
OF
TECHNICAL
ASSIST-
ANCE.—The Secretary shall provide technical 
assistance under this paragraph to producers— 
‘‘(i) 
in 
accordance 
with 
section 
1242(c); or 
‘‘(ii) notwithstanding such section, 
through a cooperative agreement or con-
tract with— 
‘‘(I) a cooperative extension; 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(II) a nongovernmental organi-
zation; or 
‘‘(III) a State, Tribal, or Federal 
agency. 
‘‘(C) UNDERSERVED PRODUCERS.—In pro-
viding technical assistance under this paragraph 
the Secretary shall give priority to producers 
who 
are 
persons 
described 
in 
section 
1244(a)(2).’’. 
Æ 
VerDate Sep 11 2014 
01:45 Aug 11, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H4163.IH
H4163
pbinns on DSKJLVW7X2PROD with $$_JOB