H.R. 471 — what changed

In general— Subject to the availability of appropriations made in advance for such purpose, not later than 2 years after the date of enactment of this Act, the covered 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.

Location of demonstration projects— In carrying out the program established under subparagraph (A), the covered Secretaries shall, to the maximum extent practicable, enter into partnerships with eligible entities such that not fewer than one demonstration project is carried out in each region of the Forest Service and each region of the Bureau of Land Management.

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 covered Secretaries a proposal at such time, in such manner, and containing such information as the covered Secretaries may require.

Priority— In selecting proposals under paragraph (2), the covered Secretaries shall give priority to entering into partnerships with eligible entities that submit proposals to carry out biochar demonstration projects that—

Use of funds— In carrying out the program established under paragraph (1)(A), the covered Secretaries may enter into partnerships and provide funding to such partnerships to carry out demonstration projects to—

acquire and test various feedstocks and their efficacy;

develop and optimize commercially and technologically viable biochar production units, including mobile and permanent units;

demonstrate—

the production of biochar from forest residue; and

the use of biochar to restore forest health and resiliency;

build, expand, or establish biochar facilities;

conduct research on new and innovative uses of biochar;

demonstrate cost-effective market opportunities for biochar and biochar-based products;

carry out any other activities the covered Secretaries determine appropriate; or

any combination of the purposes specified in subparagraphs (A) through (F).

Feedstock requirements— To the maximum extent practicable, an eligible entity that carries out 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 or public lands.

In general— The covered Secretaries shall conduct regionally-specific research, including economic analyses and life-cycle assessments, on any biochar produced from a demonstration project carried out under the program established in paragraph (1)(A), including—

the effects of such biochar on—

forest health and resiliency;

carbon capture and sequestration, including increasing soil carbon in the short-term and long-term;

productivity, reduced input costs, and water retention in agricultural practices;

the effectiveness of biochar as a co-product of biofuels or in biochemicals; and

the effectiveness of other potential uses of biochar to determine if any such use is technologically and commercially viable.

Coordination— The covered Secretaries shall, to the maximum extent practicable, provide data, analyses, and other relevant information collected under subparagraph (A) with recipients of a grant under subsection (b).

Limitation on funding for establishing biochar facilities— If the covered Secretaries provide to an eligible entity that enters into a partnership with the covered Secretaries under paragraph (1)(A) funding for establishing a biochar facility, such funding may not exceed 35 percent of the total capital cost of establishing such biochar facility.

Establishment— The Secretary of the Interior, in consultation with the Secretary of Energy, shall establish or expand an existing applied biochar research and development grant program to make competitive grants to eligible institutions to carry out the activities described in paragraph (3).

Applications— To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.

Use of funds— An eligible institution that receives a grant under this subsection shall use the grant funds to conduct applied research on—

the effect of biochar on forest health and resiliency, accounting for variations in biochar, soil, climate, and other factors;

the effect of biochar on soil health and water retention, accounting for variations in biochar, soil, climate, and other factors;

the long-term carbon sequestration potential of biochar;

the best management practices with respect to biochar and biochar-based products that maximize—

carbon sequestration benefits; and

the commercial viability and application of such products in forestry, agriculture, environmental remediation, water quality improvement, and any other similar uses, as determined by the Secretary;

the regional uses of biochar to increase productivity and profitability, including—

uses in agriculture and environmental remediation; and

use as a co-product in fuel production;

new and innovative uses for biochar byproducts; and

opportunities to expand markets for biochar and create related jobs, particularly in rural areas.

Report to congress— Not later than 2 years after the date of enactment of this Act, the covered Secretaries shall submit to Congress a report that—

includes policy and program recommendations to improve the widespread use of biochar;

identifies any area of research needed to advance biochar commercialization; and

identifies barriers to further biochar commercialization, including permitting and siting considerations.

Materials submitted in support of the President’s budget— Beginning with the second fiscal year that begins after the date of enactment of this Act and annually thereafter until the date described in subsection (d), the covered Secretaries shall include in the materials submitted to Congress in support of the President’s budget pursuant to section 1105 of title 31, United States Code, a report describing, for the fiscal year covered by the report, the status of each demonstration project carried out under subsection (a) and each research and development grant carried out under subsection (b).

Sunset— The authority to carry out this section shall terminate on the date that is 7 years after the date of enactment of this Act.

Definitions— In this section:

Biochar— The term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing for non-fuel uses.

Eligible entity— The term eligible entity means—

a State, local, special district, or Tribal government;

an eligible institution;

a private, non-private, or cooperative entity or organization;

a National Laboratory (as such term is defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or

a partnership or consortium of two or more entities described in subparagraphs (A) through (D).

Eligible institution— The term eligible institution means land-grant colleges and universities, including institutions eligible for funding under the—

Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.);

Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University;

Public Law 87–788 (commonly known as the “McIntire-Stennis Act of 1962”); or

Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382).

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.

Covered Secretaries— The term covered Secretaries means—

the Secretary, acting through the Chief of the Forest Service;

the Secretary of the Interior, acting through the Director of the Bureau of Land Management; and

the Secretary of Energy, acting through the Director of the Office of Science.