I 118th CONGRESS 1st Session H. R. 5160 IN THE HOUSE OF REPRESENTATIVES August 4, 2023 Mr. Sorensen (for himself and Mr. Lawler ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To require the Secretary of Agriculture to conduct research relating to measurement, monitoring, reporting, and verification of greenhouse gas emissions and carbon sequestration, and for other purposes.

1. Short title This Act may be cited as the Advancing Research on Agricultural Climate Impacts Act of 2023 . 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Agriculture. 3. Standard soil carbon measurement methodology (a) Methodology (1) In general Not later than 270 days after the date of enactment of this Act, the Secretary shall develop a standardized methodology to directly measure soil carbon for research and conservation purposes. (2) Review In developing the methodology under paragraph (1), the Secretary shall conduct a review of widely used existing methodologies for direct soil carbon measurement. (3) Consultation In developing the methodology under paragraph (1) and conducting the review under paragraph (2), the Secretary shall consult with— (A) agricultural producers, including socially disadvantaged farmers and ranchers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) )); (B) soil carbon experts; (C) nonprofit organizations; (D) academic researchers; and (E) other stakeholders who reflect the operational, geographic, and socioeconomic diversity of United States agricultural operations. (4) Requirements The methodology developed under paragraph (1) shall, to the maximum extent practicable— (A) be usable at any location at which soil carbon can be directly measured; (B) (i) require measurement to a standard soil depth sufficient for measuring the core set of variables described in paragraph (5), determined using the best available science; or (ii) if measurement to the standard soil depth described in clause (i) is not practicable due to insufficient soil depth or other factors relating to the applicable sample site, require measurement in accordance with an alternate approach developed by the Secretary, using the best available science, that— (I) requires measurement to the maximum allowable depth of a sample site; and (II) produces data that is interoperable with data collected by measurement to the standard soil depth in accordance with clause (i); (C) measure the core set of variables described in paragraph (5) to produce a standard set of reporting metrics; (D) produce data that is interoperable with other data collected by the Department of Agriculture; (E) account for calibration differences in soil analysis between testing facilities; (F) account for differences in uncertainty between different measurement tools; and (G) be usable for voluntary reporting of soil carbon data under subsection (b). (5) Core variables The methodology developed under paragraph (1) shall measure the following core set of variables for each sample: (A) Bulk density. (B) Organic carbon concentration. (C) Rock fraction volume and weight. (D) Other variables, as determined by the Secretary. (b) Voluntary soil carbon data reporting (1) Technical assistance (A) In general The Secretary, acting through the Chief of the Natural Resources Conservation Service, shall provide to producers described in paragraph (2) technical assistance, including guidance, for voluntarily measuring, monitoring, and reporting to the Secretary soil carbon data using the methodology developed under subsection (a). (B) Guidance Guidance provided under subparagraph (A) shall be, at a minimum— (i) available in multiple languages; and (ii) available to producers described in paragraph (2) in both digital and analog formats. (2) Applicability The guidance developed under paragraph (1) shall be applicable to— (A) producers that are recipients of grants under programs described in paragraph (3) to voluntarily measure, monitor, and report to the Secretary soil carbon outcomes under those programs; and (B) any other producer that elects to voluntarily report to the Secretary direct measurements of soil carbon data. (3) Programs described The programs referred to in paragraph (2)(A) include— (A) conservation innovation grants under section 1240H of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8 ); (B) the sustainable agriculture research and education program under subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5801 et seq. ); (C) the organic agriculture research and extension initiative established under section 1672B of that Act ( 7 U.S.C. 5925b ); (D) grants under the Agriculture and Food Research Initiative under section 2(b) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(b) ); and (E) such other programs as the Secretary determines to be appropriate. (4) Requirement The Secretary shall seek to provide culturally appropriate technical assistance and guidance under paragraph (1) to socially disadvantaged farmers and ranchers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) )). (c) Updates (1) In general The Secretary shall update the methodology developed under subsection (a)(1) and the guidance issued under subsection (b)(1)(B) as needed to reflect the best-available data science. (2) Interoperability In making any updates under paragraph (1), the Secretary shall ensure that data collected with the updated methodology remains interoperable with previously collected measurements. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each fiscal year. 4. Development of new measurement tools under AFRI Section 2(b)(2)(D) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(b)(2)(D) ) is amended— (1) in clause (vii), by striking and at the end; (2) in clause (viii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (ix) measuring, monitoring, reporting, and verifying greenhouse gas emissions and carbon sequestration. . 5. Soil health and carbon demonstration trials (a) 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), by striking subclause (III) and inserting the following: (III) soil health management systems, including— (aa) systems to maintain or increase soil carbon levels; and (bb) cost-effective tools to measure, monitor, report, and verify greenhouse gas emissions and carbon sequestration; ; and (2) in paragraph (3)(D), by striking 3 years each place it appears and inserting 5 years . (b) Sustainable agriculture research and education program Section 1621(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5811(e) ) is amended— (1) by striking The Secretary and inserting the following: (1) In general The Secretary ; and (2) by adding at the end the following: (2) Soil carbon sequestration demonstration projects In carrying out this section, the Secretary shall conduct on-farm demonstration projects for soil carbon sequestration. . 6. Soil Carbon Inventory and Analysis Network Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1240M ( 16 U.S.C. 3839bb ) the following: 1240N. Soil Carbon Inventory and Analysis Network (a) Definitions In this section: (1) Conservation activities The term conservation activities has the meaning given the term in section 1240I. (2) Eligible land The term eligible land means public and private cropland, rangeland, pastureland, and wetlands in the United States. (3) Program The term program means the program established under subsection (b)(1). (4) Regional resource area The term regional resource area means a contiguous area of eligible land that has similar resource characteristics. (5) Resource characteristics The term resource characteristics means— (A) geographic, climate, natural resource, and soil type characteristics; and (B) any other characteristics that the Secretary determines to be appropriate for the purpose of carrying out the program. (6) Secretary The term Secretary means the Secretary, acting jointly through the Chief of the Natural Resources Conservation Service and the Administrator of the Agricultural Research Service. (b) Establishment (1) In general The Secretary shall establish a program to inventory, monitor, and analyze soil carbon changes on eligible land in the United States. (2) Purposes The purposes of the program are— (A) to analyze soil properties, including soil organic carbon, across space, time, and depth; (B) to analyze the impacts of land management strategies, including conservation activities, on soil carbon sequestration; and (C) to inform any tools of the Secretary designed to predict the impacts of different land management practices, including implementing conservation activities, on greenhouse gas emissions and soil carbon sequestration across the United States. (3) Consultation In carrying out the program, the Secretary shall consult with the Director of the National Institute of Food and Agriculture, the Chief of the Forest Service, the Chief Data Officer, the Administrator of the Environmental Protection Agency, the Secretary of Energy, and the head of any other department or agency that the Secretary determines to be appropriate. (c) Sampling (1) Sample sites The Secretary shall select sample sites under the program by taking into consideration— (A) the accessibility of sites; (B) the ease of collecting repeated measurements over time; and (C) such other factors as the Secretary determines to be appropriate. (2) Preference In selecting sample sites under paragraph (1), the Secretary shall give preference to sites that have been used for soil testing previously. (3) Number of sample sites The Secretary shall select sufficient sample sites under paragraph (1) to analyze changes in soil carbon across regional resource areas, as determined by the Secretary, over time, taking into account the geographical size and heterogeneity of each regional resource area. (d) Inventory (1) In general Every 5 years, the Secretary shall prepare an inventory of soil carbon stocks on eligible land, under which the Secretary shall collect measurements at each sample site selected under subsection (c). (2) Methodology The Secretary shall ensure that the methodology developed under section 3(a) of the Advancing Research on Agricultural Climate Impacts Act of 2023 is used for purposes of conducting measurements at each sample site under the program. (3) Minimum number of samples The Secretary shall measure a sufficient number of samples to analyze changes in soil carbon at each sample site selected under subsection (c) for each inventory under paragraph (1). (4) Characteristics In preparing the inventory under paragraph (1), the Secretary shall document the following characteristics for each sample site selected under subsection (c): (A) Soil type and texture. (B) Land use history, including conservation activities. (C) Environmental characteristics, such as temperature and precipitation. (D) Other characteristics, as determined by the Secretary. (e) Individual protections (1) Protection of private property rights Before selecting a sample site under subsection (c) or conducting any measurement under subsection (d)(1), the Secretary shall obtain authorization from the owner of the eligible land. (2) Voluntariness requirement The Secretary may not require authorization under paragraph (1) or any other participation in any activity under this section as a condition on receipt of any benefit under a program administered by the Secretary. (3) Data privacy protection In carrying out the program, the Secretary shall ensure that data is collected and analyzed while respecting relevant privacy safeguards and does not include any identifiable, proprietary, or personal information of individual land owners or operators. (f) Data center (1) In general Data collected under the program shall be maintained in a data center operated by the Secretary. (2) Partnerships The data center described in paragraph (1) may be operated in partnership with 1 or more of the following entities, if the entity complies with paragraph (4): (A) An 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )). (B) An 1890 Institution (as defined in that section). (C) A 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )). (D) Institutions of higher education with expertise in predictive modeling, large-scale data collection, soil carbon research, or agricultural land management to mitigate climate change. (E) Federal research centers. (3) Applications An entity described in any of subparagraphs (A) through (E) of paragraph (2) seeking to enter into a partnership to manage the data center described in paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (4) Requirements The data center described in paragraph (1) shall— (A) use the industry standard protocols to protect identifiable, proprietary, or personal information of individual land owners or operators; (B) ensure that individual producer data is not sold through the center; and (C) comply with all applicable privacy requirements, including— (i) section 1770 of the Food Security Act of 1985 ( 7 U.S.C. 2276 ); (ii) section 1619 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791 ); (iii) section 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) ); and (iv) section 552 of title 5, United States Code. (5) Limited release of information The Secretary may release or disclose information maintained in the data center described in paragraph (1) pursuant to section 1619(b)(3)(A)(i) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791(b)(3)(A)(i) ) to researchers for the purposes of statistically analyzing the information. (g) Public availability On completion of each inventory under subsection (d)(1), the Secretary shall make publicly available— (1) the statistical or aggregated form of data collected from measurements under that subsection; (2) information regarding the methodology used to collect that data; and (3) any analysis made of the measurements described in paragraph (1). (h) Reports On completion of each inventory under subsection (d)(1), the Secretary shall prepare, publish, and make available to the public a report that— (1) contains a description of soil carbon trends, including by incorporating measurements conducted under subsection (d) during the 5 years covered by the report; (2) contains an analysis of the impact of different land management practices, including implementing 1 or more conservation activities, on soil carbon levels; (3) contains an analysis of the effect of weather and climate variability on the observed trends; (4) contains an analysis of how land management practices, including conservation activities, that influence soil carbon sequestration may affect the rate of emissions of other greenhouse gases in the agricultural sector, including methane and nitrous oxide; and (5) establishes a benchmark for the baseline soil carbon absent additional conservation activities. (i) Strategic plan Not later than 1 year after the date of enactment of the Advancing Research on Agricultural Climate Impacts Act of 2023 , the Secretary shall prepare and submit to Congress a strategic plan to implement and carry out this section, which shall describe in detail— (1) the organization and procedures necessary to implement and carry out this section; (2) the plan for measurements in each regional resource area under subsection (d)(1) for the first 5-year interval, including the schedule and the number of samples collected from each sample site selected under subsection (c). (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $17,500,000 for each fiscal year. . 7. Predictive models (a) In general The Secretary shall develop and maintain a modeling tool (or combination of tools) that shall predict the impacts of different land management practices, including implementing conservation activities, on greenhouse gas emissions and soil carbon sequestration across the United States. (b) Consultation In developing the modeling tool or tools under subsection (a), the Secretary shall consult with— (1) the Secretary of Energy; (2) the Administrator of the Environmental Protection Agency; (3) agricultural producers, including socially disadvantaged farmers and ranchers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) )); (4) soil carbon experts; (5) nonprofit organizations; (6) academic researchers; (7) private companies with expertise in soil carbon sequestration or greenhouse gas monitoring for agricultural operations; and (8) other stakeholders, including the heads of other appropriate Federal agencies or non-Federal entities, who reflect the operational, geographic, and socioeconomic diversity of United States agricultural operations. (c) Requirements The modeling tool or tools described in subsection (a) shall— (1) be anchored in direct measurements of land, including soil sampling, such as under the program established under section 1240N of the Food Security Act of 1985 and the programs described in section 3(b)(3); (2) account for differences that could impact land management outcomes, including— (A) soil type; (B) type of land use; (C) type of crop; (D) geography and local climate; (E) geographic size of the land-use operation; (F) ongoing or existing conservation activities; and (G) such other items as the Secretary determines to be appropriate; (3) allow a user of the tool to estimate the changes in greenhouse gas emissions or soil carbon sequestration, and the uncertainty of those estimated changes, that occur as a result of implementing 1 or more conservation activities; and (4) be user-friendly and accessible— (A) to producers and researchers; and (B) in multiple languages. (d) Reviews and updates (1) Reviews Not less frequently than annually, the modeling tool or tools described in subsection (a) shall be reviewed to determine if an update is required to reflect the best available data and science. (2) Updates If it is determined that an update is required under paragraph (1), the update shall be made not later than 1 year after the date of that determination. (e) Partners (1) In general In analyzing data, conducting research, and developing and maintaining the modeling tool or tools under subsection (a), the Secretary may partner with— (A) an Institution described in paragraph (2); (B) an institution of higher education with expertise in predictive modeling, large-scale data collection, soil carbon research, or agricultural land management to mitigate climate change; or (C) a Federal research center. (2) Institutions described An Institution referred to in paragraph (1)(A) is any of the following: (A) An 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )). (B) An 1890 Institution (as defined in that section). (C) A 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )). (f) Annual report Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that— (1) describes the progress of the Secretary in developing the modeling tool or tools under subsection (a); (2) contains an assessment of the accuracy with which a user will be able to use the tool to determine the permanence and additionality of greenhouse gas emissions reduced or carbon sequestered; (3) describes the models and data that the Secretary has developed or collected, or intends to develop or collect, as applicable, for purposes of developing or maintaining the tool; (4) describes— (A) whether it was determined that an update was required under subsection (d)(1); and (B) if an update was required, the specifics of the update; (5) includes any other information that, as determined by the Secretary, is relevant to— (A) the efficacy of the tool; (B) the intended applications of the tool; or (C) the determination of— (i) changes in greenhouse gas emissions or soil carbon sequestration associated with producer land-use practices; or (ii) (I) estimates of the impacts of land use practices, including conservation activities, on greenhouse gas emissions and soil carbon sequestration; and (II) the measurement error of the tool. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $500,000 for each fiscal year.