S.Amdt. 1439Senate108th Congress (2003-2005)

S.Amdt. 1439

What it does: Adds TITLE ____--SOIL AND FOREST CARBON SEQUESTRATION PROGRAM wherever appropriate
Sponsored by Ron WydenSen. Ron Wyden (D-OR)
Submitted July 31, 2003

What it changes

1 change to S. 14

Adds a section
  1. Adds TITLE ____--SOIL AND FOREST CARBON SEQUESTRATION PROGRAM wherever appropriate

    Adds a title

    Inserted: TITLE ____--SOIL AND FOREST CARBON SEQUESTRATION PROGRAM

    Inserted: SEC. ____01. DEFINITIONS.

    Inserted: In this title:

    Inserted: (1) Advisory panel.--The term "Advisory Panel" means the Soil and Forestry Carbon Sequestration Panel established under section ____05.

    Inserted: (2) Eligible forest carbon activity.--The term "eligible forest carbon activity" means a forest management action that--

    Inserted: (A)(i) helps restore forest land that has been underproducing or understocked for more than 5 years; or

    Inserted: (ii) maintains natural forest under a permanent conservation easement;

    Inserted: (B) provides for protection of a forest from nonforest use;

    Inserted: (C) allows a variety of sustainable management alternatives;

    Inserted: (D) maintains or improves a watershed or fish and wildlife habitat; or

    Inserted: (E) demonstrates permanence of carbon sequestration and promotes and sustains native species.

    Inserted: (3) Forest carbon reservoir.--The term "forest carbon reservoir" means carbon that is stored in aboveground or underground soil and other biomass that are associated with a forest ecosystem.

    Show 99 more inserted paragraphs

    Inserted: (4) Forest carbon sequestration program.--The term "forest carbon sequestration program" means the program established under section ____02.

    Inserted: (5) Forest land.--

    Inserted: (A) In general.--The term "forest land" means a parcel of land that is, or has been, at least 10 percent stocked by forest trees of any size.

    Inserted: (B) Inclusions.--The term "forest land" includes--

    Inserted: (i) land on which forest cover may be naturally or artificially regenerated; and

    Inserted: (ii) a transition zone between a forested area and nonforested area that is capable of sustaining forest cover.

    Inserted: (6) Forest management action.--

    Inserted: (A) In general.--The term "forest management action" means an action that--

    Inserted: (i) applies forestry principles to the regeneration, management, use or conservation of forests to meet specific goals and objectives;

    Inserted: (ii) demonstrates permanence of carbon sequestration and promotes and sustains native species; and

    Inserted: (iii) maintains the ecological sustainability and productivity of the forests or protects natural forests under a permanent conservation easement.

    Inserted: (B) Inclusions.--The term "forest management action" includes management and use of forest land for the benefit of aesthetics, fish, recreation, urban values, water, wilderness, wildlife, wood products, or other forest values.

    Inserted: (7) Reforestation.--

    Inserted: (A) In general.--The term "reforestation" means the reestablishment of forest cover naturally or artificially.

    Inserted: (B) Inclusions.--The term "reforestation" includes planned replanting, reseeding, and natural regeneration.

    Inserted: (8) Secretary.--The term "Secretary" means the Secretary of Agriculture.

    Inserted: (9) Soil carbon sequestration program.--The term "soil carbon sequestration program" means the program established under section ____03.

    Inserted: (10) State.--The term "State" includes a political subdivision of a State.

    Inserted: (11) Willing owner.--The term "willing owner" means a State or local government, Indian tribe, private entity, or other person or non-Federal organization that owns forest land and is willing to participate in the forest carbon sequestration program.

    Inserted: SEC. ____02. FOREST CARBON SEQUESTRATION PROGRAM.

    Inserted: (a) In General.--The Secretary, acting through the Chief of the Forest Service and in collaboration with State foresters, State resource management agencies, and interested nongovernmental organizations, shall establish a forest carbon sequestration program under which the Secretary, directly or through agreements with 1 or more States, may enter into cooperative agreements with willing owners of forest land to carry out forest management actions or eligible forest carbon activities on not more than a total of 5,000 acres of forest land holdings to create or maintain a forest carbon reservoir.

    Inserted: (b) Assistance to States.--

    Inserted: (1) In general.--The Secretary shall provide assistance to States for the purpose of entering into cooperative agreements with willing owners of forest land to carry out eligible forest carbon activities on forest land.

    Inserted: (2) Reporting.--As a condition of receiving assistance under paragraph (1), a State shall annually submit to the Secretary a report disclosing the estimated quantity of carbon stored through the cooperative agreement.

    Inserted: (c) Bonneville Power Administration.--Each of the States of Washington, Oregon, Idaho, and Montana may apply for funding from the Bonneville Power Administration for purposes of funding a cooperative agreement that meets the fish and wildlife objectives and priorities of the Bonneville Power Administration under the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839 et seq.), but only to the extent the cooperative agreement also meets the objectives of this section.

    Inserted: SEC. ____03. SOIL CARBON SEQUESTRATION PROGRAM.

    Inserted: (a) Establishment.--

    Inserted: (1) In general.--The Secretary, acting through the Natural Resources Conservation Service and in cooperation with the Consortium for Agricultural Soils Mitigation of Greenhouse Gases, shall carry out 4 or more pilot programs to--

    Inserted: (A) develop, demonstrate, and verify the best management practices for enhanced soil carbon sequestration on agricultural land; and

    Inserted: (B) evaluate and establish standardized monitoring and verification methods and protocols.

    Inserted: (2) Criteria.--The Secretary shall select a pilot program based on--

    Inserted: (A) the merit of the proposed program; and

    Inserted: (B) the diversity of soil types, climate zones, crop types, cropping patterns, and sequestration practices available at the site of the proposed program.

    Inserted: (b) Requirements.--A pilot program carried out under this section shall--

    Inserted: (1) involve agricultural producers in--

    Inserted: (A) the development and verification of best management practices for carbon sequestration; and

    Inserted: (B) the development and evaluation of carbon monitoring and verification methods and protocols on agricultural land;

    Inserted: (2) involve research and testing of the best management practices and monitoring and verification methods and protocols in various soil types and climate zones;

    Inserted: (3) analyze the effects of the adoption of the best management practices on--

    Inserted: (A) greenhouse gas emissions, water quality, and other aspects of the environment at the watershed level; and

    Inserted: (B) the full range of greenhouse gases; and

    Inserted: (4) use the results of the research conducted under the program to--

    Inserted: (A)(i) develop best management practices for use by agricultural producers;

    Inserted: (ii) provide a comparison of the costs and net greenhouse effects of the best management practices; and

    Inserted: (iii) encourage agricultural producers to adopt the best management practices; and

    Inserted: (B) develop best management practices on a regional basis for use in watersheds and States not participating in the pilot programs.

    Inserted: SEC. ____04. SOIL AND FORESTRY CARBON SEQUESTRATION PANEL.

    Inserted: (a) Establishment.--The Secretary (acting through the Chief of the Forest Service and the Natural Resources Conservation Service) and the Secretary of Energy (acting through the Administrator of the Energy Information Administration) shall establish a Soil and forestry Carbon Sequestration Panel for the purposes of--

    Inserted: (1) advising the Secretary and the Secretary of Energy in the development and updating of guidelines for accurate voluntary reporting of greenhouse gas sequestration from forest management actions and agricultural best management practices;

    Inserted: (2) evaluating the potential effectiveness (including cost effectiveness) of the guidelines, in verifying carbon inputs and outputs and assessing impacts on other greenhouse gases from various forest management strategies and agricultural best management practices;

    Inserted: (3) estimating the effect of proposed implementation of the guidelines on--

    Inserted: (A) carbon sequestration and storage; and

    Inserted: (B) the net emissions of other greenhouse gases;

    Inserted: (4) providing estimates on the rates of carbon sequestration and net nitrous oxide and methane impacts for forests and various plants, agricultural commodities, and agricultural practices for the purpose of assisting the Secretary in determining the acceptability of the cooperative agreement offers made by willing owners;

    Inserted: (5) proposing to the Secretary and the Secretary of Energy standardized methods for--

    Inserted: (A) measuring carbon sequestered in soils and in forests; and

    Inserted: (B) estimating the impacts of the forest carbon sequestration program and the soil carbon sequestration program on other greenhouse gases; and

    Inserted: (6) assisting the Secretary and the Secretary of Energy in reporting to Congress on the results of the forest carbon sequestration program and the soil carbon sequestration program.

    Inserted: (b) Membership.--The Advisory Panel shall be composed of the following members with interest and expertise in soil carbon sequestration and forestry management, appointed jointly by the Secretary and the Secretary of Energy:

    Inserted: (1) 1 member representing national professional forestry organizations.

    Inserted: (2) 1 member representing national agriculture organizations.

    Inserted: (3) 2 members representing environmental or conservation organizations.

    Inserted: (4) 1 member representing Indian tribes.

    Inserted: (5) 3 members representing the academic scientific community.

    Inserted: (6) 2 members representing State forestry organizations.

    Inserted: (7) 2 members representing State agricultural organizations.

    Inserted: (8) 1 member representing the Environmental Protection Agency.

    Inserted: (9) 1 member representing the Department of Agriculture.

    Inserted: (c) Terms.--

    Inserted: (1) In general.--Except as provided in paragraph (2) a member of the Advisory Panel shall be appointed for a term of 3 years.

    Inserted: (2) Initial terms.--Of the members first appointed to the Advisory Panel--

    Inserted: (A) 1 member appointed under each paragraphs (2), (4), (6), and (8) shall serve an initial term of 1 year; and

    Inserted: (B) 1 member appointed under each of paragraphs (1), (3), (5), (7), and (9) shall serve an initial term of 2 years.

    Inserted: (3) Vacancies.--

    Inserted: (A) In general.--A vacancy on the Advisory Panel shall be filled in the manner in which the original appointment was made.

    Inserted: (B) Partial term.--A member appointed to fill a vacancy occurring before the expiration of the term shall be appointed only for the remainder of the term.

    Inserted: (C) Successive terms.--An individual may not be appointed to serve on the Advisory Panel for more than 2 full consecutive terms.

    Inserted: (d) Existing Councils.--The Secretary and the Secretary of Energy may use an existing council to perform the tasks of the Advisory Panel if--

    Inserted: (1) representation on the council, the terms and background of members of the council, and the responsibilities of the council reflect those of the Advisory Panel; and

    Inserted: (2) those responsibilities are a priority for the council.

    Inserted: SEC. ____05. STANDARDIZATION OF CARBON SEQUESTRATION MEASUREMENT PROTOCOLS.

    Inserted: (a) Accurate Monitoring, Measurement, and Reporting.--

    Inserted: (1) In general.--The Secretary and the Secretary of Energy, in collaboration with the States, shall--

    Inserted: (A) develop standardized measurement protocols for--

    Inserted: (i) carbon sequestered in soils and trees; and

    Inserted: (ii) impacts on other greenhouse gases;

    Inserted: (B)(i) develop standardized forms to monitor sequestration improvements made as a result of the forest carbon sequestration program and the soil carbon sequestration program; and

    Inserted: (ii) distribute the forms to participants in the forest carbon sequestration program and the soil carbon sequestration program; and

    Inserted: (C) at least once every 5 years, submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate and the Committee on Agriculture and the Committee on Resources of the House of Representatives a report on the forest carbon sequestration program and the soil carbon sequestration program.

    Inserted: (2) Contents of report.--A report under paragraph (1)(C) shall describe--

    Inserted: (A) carbon sequestration improvements made as a result of the forest carbon sequestration program and the soil carbon sequestration program;

    Inserted: (B) carbon sequestration practices on land owned by participants in the forest carbon sequestration program and the soil carbon sequestration program; and

    Inserted: (C) the degree of compliance with any cooperative agreements, contracts, or other arrangements entered into under this title.

    Inserted: (b) Educational Outreach.--The Secretary, acting through the Cooperative State Research, Education, and Extension Service, and in consultation with the Consortium for Agricultural Soils Mitigation of Greenhouse Gases, shall conduct an educational outreach program to collect and disseminate to owners and operators of agricultural and forest land research-based information on agriculture and forest management practices that will increase the sequestration of carbon, without threat to the social and economic well-being of communities.

    Inserted: (c) Periodic Review.--At least once every 2 years, the Secretary and the Secretary of Energy shall--

    Inserted: (1) convene the Advisory Panel to evaluate the latest scientific and observational information on reporting, monitoring, and verification of carbon storage from forest management and soil sequestration actions; and

    Inserted: (2) issue revised recommendations for reporting, monitoring, and verification of carbon storage from forest management actions and agricultural best management practices as necessary.

    Inserted: SEC. ____06. AUTHORIZATION OF APPROPRIATION.

    Inserted: There are authorized to be appropriated such sums as are necessary to carry out this title.

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1439. Mr. WYDEN (for himself, Mr. Brownback, and Mr. Craig) submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE ____--SOIL AND FOREST CARBON SEQUESTRATION PROGRAM

SEC. ____01. DEFINITIONS.

In this title:

(1) Advisory panel.--The term “Advisory Panel” means the Soil and Forestry Carbon Sequestration Panel established under section ____05.

(2) Eligible forest carbon activity.--The term “eligible forest carbon activity” means a forest management action that--

(A)(i) helps restore forest land that has been underproducing or understocked for more than 5 years; or

(ii) maintains natural forest under a permanent conservation easement;

(B) provides for protection of a forest from nonforest use;

(C) allows a variety of sustainable management alternatives;

(D) maintains or improves a watershed or fish and wildlife habitat; or

(E) demonstrates permanence of carbon sequestration and promotes and sustains native species.

(3) Forest carbon reservoir.--The term “forest carbon reservoir” means carbon that is stored in aboveground or underground soil and other biomass that are associated with a forest ecosystem.

(4) Forest carbon sequestration program.--The term “forest carbon sequestration program” means the program established under section ____02.

(5) Forest land.--

(A) In general.--The term “forest land” means a parcel of land that is, or has been, at least 10 percent stocked by forest trees of any size.

(B) Inclusions.--The term “forest land” includes--

(i) land on which forest cover may be naturally or artificially regenerated; and

(ii) a transition zone between a forested area and nonforested area that is capable of sustaining forest cover.

(6) Forest management action.--

(A) In general.--The term “forest management action” means an action that--

(i) applies forestry principles to the regeneration, management, use or conservation of forests to meet specific goals and objectives;

(ii) demonstrates permanence of carbon sequestration and promotes and sustains native species; and

(iii) maintains the ecological sustainability and productivity of the forests or protects natural forests under a permanent conservation easement.

(B) Inclusions.--The term “forest management action” includes management and use of forest land for the benefit of aesthetics, fish, recreation, urban values, water, wilderness, wildlife, wood products, or other forest values.

(7) Reforestation.--

(A) In general.--The term “reforestation” means the reestablishment of forest cover naturally or artificially.

(B) Inclusions.--The term “reforestation” includes planned replanting, reseeding, and natural regeneration.

(8) Secretary.--The term “Secretary” means the Secretary of Agriculture.

(9) Soil carbon sequestration program.--The term “soil carbon sequestration program” means the program established under section ____03.

(10) State.--The term “State” includes a political subdivision of a State.

(11) Willing owner.--The term “willing owner” means a State or local government, Indian tribe, private entity, or other person or non-Federal organization that owns forest land and is willing to participate in the forest carbon sequestration program.

SEC. ____02. FOREST CARBON SEQUESTRATION PROGRAM.

(a) In General.--The Secretary, acting through the Chief of the Forest Service and in collaboration with State foresters, State resource management agencies, and interested nongovernmental organizations, shall establish a forest carbon sequestration program under which the Secretary, directly or through agreements with 1 or more States, may enter into cooperative agreements with willing owners of forest land to carry out forest management actions or eligible forest carbon activities on not more than a total of 5,000 acres of forest land holdings to create or maintain a forest carbon reservoir.

(b) Assistance to States.--

(1) In general.--The Secretary shall provide assistance to States for the purpose of entering into cooperative agreements with willing owners of forest land to carry out eligible forest carbon activities on forest land.

(2) Reporting.--As a condition of receiving assistance under paragraph (1), a State shall annually submit to the Secretary a report disclosing the estimated quantity of carbon stored through the cooperative agreement.

(c) Bonneville Power Administration.--Each of the States of Washington, Oregon, Idaho, and Montana may apply for funding from the Bonneville Power Administration for purposes of funding a cooperative agreement that meets the fish and wildlife objectives and priorities of the Bonneville Power Administration under the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839 et seq.), but only to the extent the cooperative agreement also meets the objectives of this section.

SEC. ____03. SOIL CARBON SEQUESTRATION PROGRAM.

(a) Establishment.--

(1) In general.--The Secretary, acting through the Natural Resources Conservation Service and in cooperation with the Consortium for Agricultural Soils Mitigation of Greenhouse Gases, shall carry out 4 or more pilot programs to--

(A) develop, demonstrate, and verify the best management practices for enhanced soil carbon sequestration on agricultural land; and

(B) evaluate and establish standardized monitoring and verification methods and protocols.

(2) Criteria.--The Secretary shall select a pilot program based on--

(A) the merit of the proposed program; and

(B) the diversity of soil types, climate zones, crop types, cropping patterns, and sequestration practices available at the site of the proposed program.

(b) Requirements.--A pilot program carried out under this section shall--

(1) involve agricultural producers in--

(A) the development and verification of best management practices for carbon sequestration; and

(B) the development and evaluation of carbon monitoring and verification methods and protocols on agricultural land;

(2) involve research and testing of the best management practices and monitoring and verification methods and protocols in various soil types and climate zones;

(3) analyze the effects of the adoption of the best management practices on--

(A) greenhouse gas emissions, water quality, and other aspects of the environment at the watershed level; and

(B) the full range of greenhouse gases; and

(4) use the results of the research conducted under the program to--

(A)(i) develop best management practices for use by agricultural producers;

(ii) provide a comparison of the costs and net greenhouse effects of the best management practices; and

(iii) encourage agricultural producers to adopt the best management practices; and

(B) develop best management practices on a regional basis for use in watersheds and States not participating in the pilot programs.

SEC. ____04. SOIL AND FORESTRY CARBON SEQUESTRATION PANEL.

(a) Establishment.--The Secretary (acting through the Chief of the Forest Service and the Natural Resources Conservation Service) and the Secretary of Energy (acting through the Administrator of the Energy Information Administration) shall establish a Soil and forestry Carbon Sequestration Panel for the purposes of--

(1) advising the Secretary and the Secretary of Energy in the development and updating of guidelines for accurate voluntary reporting of greenhouse gas sequestration from forest management actions and agricultural best management practices;

(2) evaluating the potential effectiveness (including cost effectiveness) of the guidelines, in verifying carbon inputs and outputs and assessing impacts on other greenhouse gases from various forest management strategies and agricultural best management practices;

(3) estimating the effect of proposed implementation of the guidelines on--

(A) carbon sequestration and storage; and

(B) the net emissions of other greenhouse gases;

(4) providing estimates on the rates of carbon sequestration and net nitrous oxide and methane impacts for forests and various plants, agricultural commodities, and agricultural practices for the purpose of assisting the Secretary in determining the acceptability of the cooperative agreement offers made by willing owners;

(5) proposing to the Secretary and the Secretary of Energy standardized methods for--

(A) measuring carbon sequestered in soils and in forests; and

(B) estimating the impacts of the forest carbon sequestration program and the soil carbon sequestration program on other greenhouse gases; and

(6) assisting the Secretary and the Secretary of Energy in reporting to Congress on the results of the forest carbon sequestration program and the soil carbon sequestration program.

(b) Membership.--The Advisory Panel shall be composed of the following members with interest and expertise in soil carbon sequestration and forestry management, appointed jointly by the Secretary and the Secretary of Energy:

(1) 1 member representing national professional forestry organizations.

(2) 1 member representing national agriculture organizations.

(3) 2 members representing environmental or conservation organizations.

(4) 1 member representing Indian tribes.

(5) 3 members representing the academic scientific community.

(6) 2 members representing State forestry organizations.

(7) 2 members representing State agricultural organizations.

(8) 1 member representing the Environmental Protection Agency.

(9) 1 member representing the Department of Agriculture.

(c) Terms.--

(1) In general.--Except as provided in paragraph (2) a member of the Advisory Panel shall be appointed for a term of 3 years.

(2) Initial terms.--Of the members first appointed to the Advisory Panel--

(A) 1 member appointed under each paragraphs (2), (4), (6), and (8) shall serve an initial term of 1 year; and

(B) 1 member appointed under each of paragraphs (1), (3), (5), (7), and (9) shall serve an initial term of 2 years.

(3) Vacancies.--

(A) In general.--A vacancy on the Advisory Panel shall be filled in the manner in which the original appointment was made.

(B) Partial term.--A member appointed to fill a vacancy occurring before the expiration of the term shall be appointed only for the remainder of the term.

(C) Successive terms.--An individual may not be appointed to serve on the Advisory Panel for more than 2 full consecutive terms.

(d) Existing Councils.--The Secretary and the Secretary of Energy may use an existing council to perform the tasks of the Advisory Panel if--

(1) representation on the council, the terms and background of members of the council, and the responsibilities of the council reflect those of the Advisory Panel; and

(2) those responsibilities are a priority for the council.

SEC. ____05. STANDARDIZATION OF CARBON SEQUESTRATION MEASUREMENT PROTOCOLS.

(a) Accurate Monitoring, Measurement, and Reporting.--

(1) In general.--The Secretary and the Secretary of Energy, in collaboration with the States, shall--

(A) develop standardized measurement protocols for--

(i) carbon sequestered in soils and trees; and

(ii) impacts on other greenhouse gases;

(B)(i) develop standardized forms to monitor sequestration improvements made as a result of the forest carbon sequestration program and the soil carbon sequestration program; and

(ii) distribute the forms to participants in the forest carbon sequestration program and the soil carbon sequestration program; and

(C) at least once every 5 years, submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate and the Committee on Agriculture and the Committee on Resources of the House of Representatives a report on the forest carbon sequestration program and the soil carbon sequestration program.

(2) Contents of report.--A report under paragraph (1)(C) shall describe--

(A) carbon sequestration improvements made as a result of the forest carbon sequestration program and the soil carbon sequestration program;

(B) carbon sequestration practices on land owned by participants in the forest carbon sequestration program and the soil carbon sequestration program; and

(C) the degree of compliance with any cooperative agreements, contracts, or other arrangements entered into under this title.

(b) Educational Outreach.--The Secretary, acting through the Cooperative State Research, Education, and Extension Service, and in consultation with the Consortium for Agricultural Soils Mitigation of Greenhouse Gases, shall conduct an educational outreach program to collect and disseminate to owners and operators of agricultural and forest land research-based information on agriculture and forest management practices that will increase the sequestration of carbon, without threat to the social and economic well-being of communities.

(c) Periodic Review.--At least once every 2 years, the Secretary and the Secretary of Energy shall--

(1) convene the Advisory Panel to evaluate the latest scientific and observational information on reporting, monitoring, and verification of carbon storage from forest management and soil sequestration actions; and

(2) issue revised recommendations for reporting, monitoring, and verification of carbon storage from forest management actions and agricultural best management practices as necessary.

SEC. ____06. AUTHORIZATION OF APPROPRIATION.

There are authorized to be appropriated such sums as are necessary to carry out this title.

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Senate amendment submitted

July 31, 2003