BIOCHAR Act of 2021
Bill: H.R.2581 | Sponsor: Rep. Herrell, Yvette (R-NM)
Policy area: Agriculture and Food

Summary:
Biochar Innovations and Opportunities for Conservation, Health, and Advancements in Research Act of 2021 or the BIOCHAR Act of 2021
This bill establishes two temporary programs to encourage research, development, and commercialization of biochar. This is carbonized biomass produced by converting plant matter through reductive thermal processing for nonfuel uses.
First, the Department of Agriculture (USDA) and the Department of Energy (DOE) must fund biochar demonstration projects through state, tribal, or local governments; land-grant colleges or universities; or private, nonprofit, or cooperative entities. In selecting projects, the departments must prioritize, for example, projects that (1) have the greatest potential for carbon sequestration; and (2) create new jobs and economic benefits, particularly in rural areas. Projects may use funds for various activities, including developing commercially and technologically viable biochar production units and demonstrating cost-effective market opportunities for biochar and biochar-based products. At least 50% of the plant matter used in a project must come from forest thinning and management activities on National Forest System land. In addition, USDA and DOE must conduct research related to the biochar produced from the projects.
Second, USDA must establish a grant program for land-grant colleges and universities to conduct applied research on environmental and economic benefits of biochar.
For the duration of the two programs, USDA and DOE must periodically report to Congress about issues related to commercialization of biochar and the status of the programs. The programs terminate after 10 years.

To establish a biochar demonstration project and biochar grant program, 
                        and for other purposes.

    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 ``Biochar Innovations and 
Opportunities for Conservation, Health, and Advancements in Research 
Act of 2021'' or the ``BIOCHAR Act of 2021''.

SEC. 2. BIOCHAR DEMONSTRATION PROJECT.

    (a) Demonstration Projects.--
            (1) Establishment.--
                    (A) In general.--Not later than 2 years after the 
                date of the enactment of this section, the Secretaries 
                shall establish a program to enter into partnerships 
                with eligible entities to carry out demonstration 
                projects to support the development and 
                commercialization of biochar in accordance with this 
                subsection.
                    (B) Location of demonstration projects.--The 
                Secretaries shall, to the maximum extent practicable, 
                establish at least one biochar demonstration project in 
                each Forest Service region.
            (2) Proposals.--To be eligible to enter into a partnership 
        to carry out a biochar demonstration project under paragraph 
        (1)(A), an eligible entity shall submit to the Secretaries a 
        proposal at such time, in such manner, and containing such 
        information as the Secretaries may require.
            (3) Priority.--In selecting proposals under paragraph (2), 
        the Secretaries shall give priority to partnering with eligible 
        entities that submit proposals to carry out biochar 
        demonstration projects that--
                    (A) have the most carbon sequestration potential;
                    (B) will create new jobs and contribute to local 
                economies, particularly in rural areas;
                    (C) will demonstrate--
                            (i) new and innovative uses of biochar;
                            (ii) viable markets for cost effective 
                        biochar-based products;
                            (iii) the ecosystem services of biochar;
                            (iv) the benefits of biochar to restore 
                        forest heath and resiliency, including for 
                        forest soils and watersheds; or
                            (v) any combination of purposes specified 
                        in clauses (i) through (iv);
                    (D) are located in local markets that have the 
                greatest need for the biochar production units due to--
                            (i) nearby lands identified as having high 
                        or very high or extreme risk of wildfire;
                            (ii) availability of sufficient quantities 
                        of feedstocks; or
                            (iii) a high level of demand for biochar or 
                        other commercial byproducts of biochar; or
                    (E) any combination of purposes specified in 
                subparagraphs (A) through (D).
            (4) Use of funds.--In carrying out the program established 
        under paragraph (1)(A), the Secretaries may enter into 
        partnerships and provide funding to carry out demonstration 
        projects that--
                    (A) acquire and test various feedstocks and their 
                efficacy;
                    (B) develop and optimize commercially and 
                technologically viable biochar production units, 
                including mobile and permanent units;
                    (C) demonstrate the production of biochar from 
                forest residues and the use of biochar to restore 
                forest health and resiliency;
                    (D) build, expand, or establish biochar facilities;
                    (E) conduct research on new and innovative uses of 
                biochar or demonstrate cost-effective market 
                opportunities for biochar and biochar-based products;
                    (F) carry out any other activities the Secretaries 
                determine appropriate; or
                    (G) any combination of the purposes specified in 
                subparagraphs (A) through (F).
            (5) Feedstock requirements.--To the maximum extent 
        practicable, a biochar demonstration project under this 
        subsection shall, with respect to the feedstock used under such 
        project, derive at least 50 percent of such feedstock from 
        forest thinning and management activities, including mill 
        residues, conducted on National Forest System lands.
            (6) Review of biochar demonstration.--
                    (A) In general.--The Secretaries shall conduct 
                regionally specific research, including economic 
                analyses and life-cycle assessments, on the biochar 
                produced from the demonstration projects under this 
                subsection, including--
                            (i) the effects of such biochar on--
                                    (I) forest health and resiliency;
                                    (II) carbon capture and 
                                sequestration, including increasing 
                                soil carbon in the short-term and long-
                                term;
                                    (III) productivity, reduced input 
                                costs, and water retention in 
                                agricultural practices;
                                    (IV) soil and grassland health for 
                                grazing activities, including grazing 
                                activities on Federal land;
                                    (V) environmental remediation 
                                activities, including abandoned mine 
                                land remediation; and
                                    (VI) other ecosystem services of 
                                biochar;
                            (ii) the efficacy of biochar as a co-
                        product of biofuels or in biochemicals; and
                            (iii) whether biochar can effectively be 
                        used to produce any other technologically and 
                        commercially viable outcome.
                    (B) Coordination.--The Secretaries shall, to the 
                maximum extent practicable, provide data, analysis, and 
                other relevant information collected under subparagraph 
                (A) to eligible institutions conducting research and 
                development activities on biochar pursuant to receiving 
                a grant under subsection (b).
            (7) Limitation on funding for establishing biochar 
        facilities.--In the case of an eligible entity that enters in 
        to a partnership to carry out a biochar demonstration project 
        under this subsection and seeks to establish a biochar facility 
        under such demonstration project, the Secretaries may not 
        provide funding to such eligible entity in an amount greater 
        than 35 percent of the capital cost of establishing such 
        biochar facility.
    (b) Biochar Research and Development Grant Program.--
            (1) Establishment.--The Secretary of Agriculture shall 
        establish an applied biochar research and development grant 
        program to make competitive grants to eligible institutions to 
        carry out the activities described in paragraph (3).
            (2) Applications.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit to the 
        Secretary a proposal at such time, in such manner, and 
        containing such information as the Secretary may require.
            (3) Use of funds.--An eligible institution that receives a 
        grant under this subsection shall use the grant funds to 
        conduct applied research on--
                    (A) the effect of biochar on forest health and 
                resiliency, accounting for variations in biochar, soil, 
                climate, and other factors;
                    (B) the effect of biochar on soil health and water 
                retention, accounting for variations in biochar, soil, 
                climate, and other factors;
                    (C) the long-term carbon sequestration potential of 
                biochar;
                    (D) the best management practices of biochar and 
                biochar based-products to--
                            (i) maximize carbon sequestration benefits; 
                        and
                            (ii) maximize the commercial viability and 
                        application of such products in forestry, 
                        agriculture, environmental remediation, water 
                        quality improvement, and other uses;
                    (E) the regional uses of biochar to increase 
                productivity and profitability, including--
                            (i) uses in agriculture and environmental 
                        remediation; and
                            (ii) use as a co-product in fuel 
                        production;
                    (F) new and innovative uses from biochar 
                byproducts; and
                    (G) opportunities to expand markets for biochar and 
                create jobs, particularly in rural areas.
    (c) Reports.--
            (1) Report to congress.--Not later than 2 years after the 
        date of the enactment of this section, the Secretaries shall 
        submit a report to Congress that--
                    (A) includes policy and program recommendations to 
                improve the widespread use of biochar;
                    (B) identifies the areas of research needed to 
                advance biochar commercialization; and
                    (C) identifies barriers to further biochar 
                commercialization, including permitting and siting 
                considerations.
            (2) President's annual budget request.--Beginning 2 years 
        after the date of the enactment of this section and annually 
        until the date described in subsection (d), the Secretaries 
        shall include in the budget materials submitted to Congress in 
        support of the President's annual budget request (submitted to 
        Congress pursuant to section 1105 of title 31, United States 
        Code) for each fiscal year a report on the status of the 
        demonstration projects carried out under subsection (a) and the 
        research and development grants carried out under subsection 
        (b).
    (d) Sunset.--The authority to carry out this section shall 
terminate on the date that is 10 years after the date of the enactment 
of this section.
    (e) Definitions.--In this section:
            (1) Biochar.--The term ``biochar'' means carbonized biomass 
        produced by converting feedstock through reductive thermal 
        processing for non-fuel uses.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) State, local, and Tribal governments;
                    (B) eligible institutions; and
                    (C) private, non-private, or cooperative entities.
            (3) Eligible institution.--The term ``eligible 
        institution'' means land-grant colleges and universities, 
        including institutions eligible for funding under the--
                    (A) Act of July 2, 1862;
                    (B) Act of August 30, 1890, including Tuskegee 
                University;
                    (C) Public Law 87-788 (commonly known as the 
                ``McIntire-Stennis Act of 1962''); or
                    (D) Equity in Educational Land-Grant Status Act of 
                1994 (7 U.S.C. 301 note).
            (4) 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.
            (5) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service; and
                    (B) the Secretary of Energy, acting through the 
                Director of the Office of Science.
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