Sec. 301. Biochar innovations and opportunities for conservation, health, and advancements in research
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In this section: The term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing for a nonfuel use. The term eligible entity means— a unit of State, Tribal, or local government; a special district; an eligible institution; a public, private, or cooperative entity or organization; a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )); and a partnership or consortium of 2 or more entities described in subparagraphs
(A)through (E). The term eligible institution means a land-grant college or university, including— an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )); an 1890 Institution (as defined in that section); an institution that is eligible to receive funding under Public Law 87–788 (commonly known as the McIntire-Stennis Act of 1962 ); and 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 )). 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. The term 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. Subject to the availability of appropriations made in advance for that purpose, not later than 2 years after the date of enactment of this Act, the Secretaries shall establish a program under which the Secretaries shall enter into partnerships with eligible entities to carry out demonstration projects to support the development and commercialization of biochar in accordance with this subsection. In carrying out the program established under subparagraph (A), the Secretaries shall, to the maximum extent practicable, enter into partnerships with eligible entities in a manner that ensures that— at least 1 demonstration project is carried out in each region of the Forest Service; and at least 1 demonstration project is carried out in each region of the Bureau of Land Management. To be eligible to enter into a partnership 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. In selecting proposals under paragraph (2), the Secretaries shall give priority to entering into partnerships with eligible entities that submit proposals to carry out biochar demonstration projects that— have the most potential to improve forest health and resiliency; have the most potential to create new jobs and contribute to local economies, particularly in rural areas; have the most potential to demonstrate— new and innovative uses of biochar; market viability for cost-effective biochar-based products; the restorative benefits of biochar with respect to forest health and resiliency, including forest soils and watersheds; or any combination of the purposes described in clauses
(i)through (iii); are located in areas that have a high need for biochar production, as determined by the Secretaries, due to— nearby land identified as having high, very high, or extreme risk of wildfire; availability of sufficient quantities of feedstocks; or a high level of demand for biochar or other commercial byproducts of biochar; or satisfy any combination of the purposes described in subparagraphs
(A)through (D). In carrying out the program established under paragraph (1)(A), the Secretaries may enter into partnerships and provide funding to the partnerships to carry out demonstration projects— to acquire and test various feedstocks and the efficacy of those feedstocks; to develop and optimize commercially and technologically viable biochar production units, including mobile and permanent units; to demonstrate— the production of biochar from forest residue; and the use of biochar to restore forest health and resiliency; to build, expand, or establish biochar facilities; to conduct research relating to new and innovative uses of biochar; to demonstrate cost-effective market opportunities for biochar and biochar-based products; to carry out any other activities the Secretaries determine to be appropriate; or to achieve any combination of the purposes described in subparagraphs
(A)through (G). To the maximum extent practicable, an eligible entity that carries out a biochar demonstration project under this subsection shall derive not less than 50 percent of the feedstock used under the project from forest thinning and management activities, including mill residues, conducted on National Forest System land or public land. The Secretaries shall conduct regionally specific research, including economic analyses and lifecycle assessments, relating to any biochar produced from a demonstration project carried out under the program established under paragraph (1)(A), including— the effects of that 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 health of soil and grasslands used for grazing activities, including grazing activities on National Forest System land and public land; and environmental remediation activities, including abandoned mine land remediation; the effectiveness of biochar as a coproduct 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. The Secretaries, to the maximum extent practicable, shall provide data, analyses, and other relevant information collected under subparagraph
(A)to recipients of grants under subsection (c). The amount provided by the Secretaries under this subsection to an eligible entity for establishing a biochar facility may not exceed 35 percent of the total capital cost of establishing that facility. 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 provide to eligible institutions grants, on a competitive basis, to carry out the activities described in paragraph (3). To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary of the Interior a proposal at such time, in such manner, and containing such information as the Secretary of the Interior may require. An eligible institution that receives a grant under this subsection shall use the grant funds to conduct applied research relating to— the effect of biochar on forest health and resiliency, taking into account variations in biochar, soil, climate, and other factors; the effect of biochar on soil health and water retention, taking into account variations in biochar, soil, climate, and other factors; the long-term carbon sequestration potential of biochar; best management practices with respect to biochar and biochar-based products that maximize— carbon sequestration benefits; and the commercial viability and application of those products in forestry, agriculture, environmental remediation, water quality improvement, and any other similar uses, as determined by the Secretary of the Interior; the regional uses of biochar to increase productivity and profitability, including— uses in agriculture and environmental remediation; and use as a coproduct 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. Not later than 2 years after the date of enactment of this Act, the 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 advancing biochar commercialization, including permitting and siting considerations. 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 (e), the 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 (b); and each research and development grant provided under subsection (c). The authority to carry out this section terminates on the date that is 7 years after the date of enactment of this Act.
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- Pub. L. 87-788
- Pub. L. 103-382
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Sec. 301
Biochar innovations and opportunities for conservation, health, and advancements in research
Pub. L.Pub. L. 87-788
Pub. L.Pub. L. 103-382
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