I 
117TH CONGRESS 
1ST SESSION H. R. 4504 
To establish a biochar demonstration project for federally recognized Indian 
Tribes and Alaska Native corporations to support the development and 
commercialization of biochar. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 19, 2021 
Mr. LAMALFA (for himself, Mr. WESTERMAN, Mr. NEWHOUSE, Mr. BENTZ, 
Mr. OBERNOLTE, and Mr. ROSENDALE) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined 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 for federally 
recognized Indian Tribes and Alaska Native corporations 
to support the development and commercialization of 
biochar. 
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 ‘‘Tribal Biochar Pro-
motion Act of 2021’’. 
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SEC. 2. TRIBAL AND ALASKA NATIVE BIOCHAR DEM-
ONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 (25 U.S.C. 
3115a et seq.) is amended as follows: 
(1) In section 2— 
(A) by striking subsection (a); 
(B) 
by 
redesignating 
subsections 
(b) 
through (g) as subsections (a) through (f), re-
spectively, 
(C) by striking ‘‘subsection (b)’’ each place 
it appears and inserting ‘‘subsection (a)’’; and 
(D) by striking ‘‘subsection (c)’’ each place 
it appears and inserting ‘‘subsection (b)’’. 
(2) By adding at the end the following: 
‘‘SEC. 3. TRIBAL AND ALASKA NATIVE BIOCHAR DEM-
ONSTRATION PROJECT. 
‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE-
MENTS.—For each of fiscal years 2021 through 2030, the 
Secretary shall enter into stewardship contracts or similar 
agreements (excluding direct service contracts) with In-
dian Tribes or Tribal organizations to carry out dem-
onstration projects to support the development and com-
mercialization of biochar on Indian forest land or range-
land and in nearby communities by providing reliable sup-
plies of feedstock from Federal land. 
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‘‘(b) DEMONSTRATION PROJECTS.—In each fiscal 
year for which demonstration projects are authorized 
under this section, not less than 4 new demonstration 
projects that meet the eligibility criteria described in sub-
section (c) shall be carried out under contracts or agree-
ments described in subsection (a). 
‘‘(c) ELIGIBILITY CRITERIA.—To be eligible to enter 
into a contract or agreement under this section, an Indian 
Tribe shall submit to the Secretary an application that 
includes— 
‘‘(1) a description of— 
‘‘(A) the Indian forest land or rangeland 
under the jurisdiction of the Indian Tribe; and 
‘‘(B) the demonstration project proposed 
to be carried out by the Indian Tribe; and 
‘‘(2) such other information as the Secretary 
may require. 
‘‘(d) SELECTION.—In evaluating the applications 
submitted under subsection (c), the Secretary shall— 
‘‘(1) take into consideration whether a proposed 
project— 
‘‘(A) creates new jobs and enhances the 
economic development of the Indian Tribe; 
‘‘(B) demonstrates new and innovative 
uses of biochar, viable markets for cost effective 
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biochar-based products, or ecosystem services of 
biochar; 
‘‘(C) improves the forest health or water-
sheds of Federal land or Indian forest land or 
rangeland; 
‘‘(D) demonstrates new investments in 
biochar infrastructure or otherwise promotes 
the development and commercialization of 
biochar; 
‘‘(E) is located in an area with— 
‘‘(i) nearby lands identified as having 
a high, very high, or extreme risk of wild-
fire; 
‘‘(ii) availability of sufficient quan-
tities of feedstock; or 
‘‘(iii) a high level of demand for 
biochar or other commercial byproducts of 
biochar; or 
‘‘(F) any combination of purposes specified 
in subparagraphs (A) through (E); and 
‘‘(2) exclude from consideration any merchant-
able logs that have been identified by the Secretary 
for commercial sale. 
‘‘(e) IMPLEMENTATION.—The Secretary shall— 
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‘‘(1) ensure that the criteria described in sub-
section (c) are publicly available by not later than 
120 days after the date of the enactment of this sec-
tion; and 
‘‘(2) to the maximum extent practicable, consult 
with Indian Tribes and appropriate intertribal orga-
nizations likely to be affected in developing the ap-
plication and otherwise carrying out this section. 
‘‘(f) REPORT.—Not later than 2 years after the date 
of the enactment of this section and every year thereafter, 
the Secretary shall submit to Congress a report that de-
scribes, with respect to the reporting period— 
‘‘(1) each individual Tribal application received 
under this section; and 
‘‘(2) each contract and agreement entered into 
pursuant to this section. 
‘‘(g) INCORPORATION OF MANAGEMENT PLANS.—To 
the maximum extent practicable, on receipt of a request 
from an Indian Tribe, the Secretary shall incorporate into 
a contract or agreement with that Indian Tribe entered 
into pursuant to this section, management plans (includ-
ing forest management and integrated resource manage-
ment plans and Indian Trust Asset Management Plans) 
in effect on the Indian forest land or rangeland of that 
Indian Tribe. 
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‘‘(h) TERM.—A contract or agreement entered into 
under this section— 
‘‘(1) shall be for a term of not more than 20 
years; and 
‘‘(2) may be renewed in accordance with this 
section for not more than an additional 10 years. 
‘‘SEC. 4. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) BIOCHAR.—The term ‘biochar’ means car-
bonized biomass produced by converting feedstock 
through reductive thermal processing for non-fuel 
uses. 
‘‘(2) FEDERAL LAND.—The term ‘Federal land’ 
means— 
‘‘(A) land of the National Forest System 
(as defined in section 11(a) of the Forest and 
Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1609(a)) administered by 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service; and 
‘‘(B) public lands (as defined in section 
103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702)), the sur-
face of which is administered by the Secretary 
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of the Interior, acting through the Director of 
the Bureau of Land Management. 
‘‘(3) 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. 
‘‘(4) INDIAN FOREST LAND OR RANGELAND..— 
The term ‘Indian forest land or rangeland’ means 
land that— 
‘‘(A) is held in trust by, or with a restric-
tion against alienation by, the United States for 
an Indian Tribe or a member of an Indian 
Tribe; and 
‘‘(B)(i)(I) is Indian forest land (as defined 
in section 304 of the National Indian Forest 
Resources Management Act (25 U.S.C. 3103)); 
or 
‘‘(II) has a cover of grasses, brush, or any 
similar vegetation; or 
‘‘(ii) formerly had a forest cover or vegeta-
tive cover that is capable of restoration. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given that term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
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‘‘(6) 
SECRETARY.—The 
term 
‘Secretary’ 
means— 
‘‘(A) the Secretary of Agriculture, with re-
spect to land under the jurisdiction of the For-
est Service; and 
‘‘(B) the Secretary of the Interior, with re-
spect to land under the jurisdiction of the Bu-
reau of Land Management. 
‘‘(7) TRIBAL ORGANIZATION.—The term ‘Tribal 
organization’ has the meaning given that term in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304).’’. 
Æ 
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