Tribal Biochar Promotion Act of 2021
Bill: H.R.4504 | Sponsor: Rep. LaMalfa, Doug (R-CA)
Policy area: Native Americans

Summary:
Tribal Biochar Promotion Act of 2021
This bill establishes biochar demonstration projects. Biochar refers to carbonized biomass produced by converting feedstock through reductive thermal processing for nonfuel uses.
Specifically, the bill directs the Department of the Interior (for land under Bureau of Land Management jurisdiction) and the Department of Agriculture (for land under Forest Service jurisdiction) to enter into agreements with tribes or tribal organizations to carry out biochar demonstration projects. These projects must support the development and commercialization of biochar on Indian forest land or rangeland and in nearby communities by providing them with reliable supplies of feedstock from federal lands.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Biochar Promotion Act of 
2021''.

SEC. 2. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION 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), respectively,
                    (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 DEMONSTRATION PROJECT.

    ``(a) Stewardship Contracts or Similar Agreements.--For each of 
fiscal years 2021 through 2030, the Secretary shall enter into 
stewardship contracts or similar agreements (excluding direct service 
contracts) with Indian Tribes or Tribal organizations to carry out 
demonstration projects to support the development and commercialization 
of biochar on Indian forest land or rangeland and in nearby communities 
by providing reliable supplies of feedstock from Federal land.
    ``(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 subsection (c) shall be carried out under contracts or 
agreements 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 biochar-
                based products, or ecosystem services of biochar;
                    ``(C) improves the forest health or watersheds 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 wildfire;
                            ``(ii) availability of sufficient 
                        quantities 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 merchantable logs that 
        have been identified by the Secretary for commercial sale.
    ``(e) Implementation.--The Secretary shall--
            ``(1) ensure that the criteria described in subsection (c) 
        are publicly available by not later than 120 days after the 
        date of the enactment of this section; and
            ``(2) to the maximum extent practicable, consult with 
        Indian Tribes and appropriate intertribal organizations likely 
        to be affected in developing the application 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 describes, 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 
(including forest management and integrated resource management plans 
and Indian Trust Asset Management Plans) in effect on the Indian forest 
land or rangeland of that Indian Tribe.
    ``(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 carbonized 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 Management Act of 1976 (43 
                U.S.C. 1702)), the surface of which is administered by 
                the Secretary 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 materials that serves as the raw 
        material for the production 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 restriction 
                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 vegetative 
                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).
            ``(6) Secretary.--The term `Secretary' means--
                    ``(A) the Secretary of Agriculture, with respect to 
                land under the jurisdiction of the Forest Service; and
                    ``(B) the Secretary of the Interior, with respect 
                to land under the jurisdiction of the Bureau 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 Education Assistance Act (25 U.S.C. 
        5304).''.
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