[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5160 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5160

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.


_______________________________________________________________________


                    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.

    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 ``Advancing Research on Agricultural 
Climate Impacts Act of 2023''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture.

SEC. 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.

SEC. 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.''.

SEC. 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.''.

SEC. 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:

``SEC. 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 Availab