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117TH CONGRESS
1ST SESSION
S. 1251
AN ACT
To authorize the Secretary of Agriculture to develop a pro-
gram to reduce barriers to entry for farmers, ranchers,
and private forest landowners in certain voluntary mar-
kets, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
2
† S 1251 ES
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Growing Climate Solu-
2
tions Act of 2021’’.
3
SEC. 2. GREENHOUSE GAS TECHNICAL ASSISTANCE PRO-
4
VIDER AND THIRD-PARTY VERIFIER CERTIFI-
5
CATION PROGRAM.
6
(a) PURPOSES.—The purposes of this section are—
7
(1) to facilitate the participation of farmers,
8
ranchers, and private forest landowners in voluntary
9
environmental credit markets, including through the
10
Program;
11
(2) to facilitate the provision of technical assist-
12
ance through covered entities to farmers, ranchers,
13
and private forest landowners in overcoming barriers
14
to entry into voluntary environmental credit mar-
15
kets;
16
(3) to assist covered entities in certifying under
17
the Program; and
18
(4) to establish the Advisory Council to advise
19
the Secretary regarding the Program and other re-
20
lated matters.
21
(b) DEFINITIONS.—In this section:
22
(1) ADVISORY COUNCIL.—The term ‘‘Advisory
23
Council’’ means the Greenhouse Gas Technical As-
24
sistance Provider and Third-Party Verifier Certifi-
25
3
† S 1251 ES
cation Program Advisory Council established under
1
subsection (g)(1).
2
(2) AGRICULTURE OR FORESTRY CREDIT.—The
3
term ‘‘agriculture or forestry credit’’ means a credit
4
derived from the prevention, reduction, or mitigation
5
of greenhouse gas emissions or carbon sequestration
6
on agricultural land or private forest land that may
7
be bought or sold on a voluntary environmental cred-
8
it market.
9
(3) BEGINNING
FARMER
OR
RANCHER.—The
10
term ‘‘beginning farmer or rancher’’ has the mean-
11
ing given the term in section 2501(a) of the Food,
12
Agriculture, Conservation, and Trade Act of 1990 (7
13
U.S.C. 2279(a)).
14
(4) COVERED ENTITY.—The term ‘‘covered en-
15
tity’’ means a person or State that either—
16
(A) is a provider of technical assistance to
17
farmers, ranchers, or private forest landowners
18
in carrying out sustainable land use manage-
19
ment practices that—
20
(i) prevent, reduce, or mitigate green-
21
house gas emissions; or
22
(ii) sequester carbon; or
23
(B) is a third-party verifier entity that
24
conducts the verification of the processes de-
25
4
† S 1251 ES
scribed in protocols for voluntary environmental
1
credit markets.
2
(5) GREENHOUSE GAS.—The term ‘‘greenhouse
3
gas’’ means—
4
(A) carbon dioxide;
5
(B) methane;
6
(C) nitrous oxide; and
7
(D) any other gas that the Secretary, in
8
consultation with the Advisory Council, deter-
9
mines has been identified to have heat trapping
10
qualities.
11
(6) PROGRAM.—The term ‘‘Program’’ means
12
the Greenhouse Gas Technical Assistance Provider
13
and Third-Party Verifier Certification Program es-
14
tablished under subsection (c).
15
(7) PROTOCOL.—The term ‘‘protocol’’ means a
16
systematic approach that follows a science-based
17
methodology that is transparent and thorough to es-
18
tablish requirements—
19
(A) for the development of projects to pre-
20
vent, reduce, or mitigate greenhouse gas emis-
21
sions or sequester carbon that include 1 or
22
more baseline scenarios; and
23
(B) to quantify, monitor, report, and verify
24
the prevention, reduction, or mitigation of
25
5
† S 1251 ES
greenhouse gas emissions or carbon sequestra-
1
tion by projects described in subparagraph (A).
2
(8) SECRETARY.—The term ‘‘Secretary’’ means
3
the Secretary of Agriculture.
4
(9) SOCIALLY
DISADVANTAGED
FARMER
OR
5
RANCHER; SOCIALLY DISADVANTAGED GROUP.—The
6
terms ‘‘socially disadvantaged farmer or rancher’’
7
and ‘‘socially disadvantaged group’’ have the mean-
8
ing given those terms in section 355(e) of the Con-
9
solidated Farm and Rural Development Act (7
10
U.S.C. 2003(e)).
11
(10)
TECHNICAL
ASSISTANCE.—The
term
12
‘‘technical assistance’’ means technical expertise, in-
13
formation, and tools necessary to assist a farmer,
14
rancher, or private forest landowner who is engaged
15
in or wants to engage in a project to prevent, re-
16
duce, or mitigate greenhouse gas emissions or se-
17
quester carbon to meet a protocol.
18
(11) VOLUNTARY
ENVIRONMENTAL
CREDIT
19
MARKET.—The term ‘‘voluntary environmental cred-
20
it market’’ means a voluntary market through which
21
agriculture or forestry credits may be bought or
22
sold.
23
(c) ESTABLISHMENT.—
24
6
† S 1251 ES
(1) IN GENERAL.—On the date that is 270 days
1
after the date of enactment of this Act, and after
2
making a positive determination under paragraph
3
(2), the Secretary shall establish a voluntary pro-
4
gram, to be known as the ‘‘Greenhouse Gas Tech-
5
nical Assistance Provider and Third-Party Verifier
6
Certification Program’’, to certify covered entities
7
that the Secretary determines meet the requirements
8
described in subsection (d).
9
(2) DETERMINATION.—The Secretary shall es-
10
tablish the Program only if, after considering rel-
11
evant information, including the information col-
12
lected or reviewed relating to the assessment con-
13
ducted under subsection (h)(1)(A), the Secretary de-
14
termines that the Program will further each of the
15
purposes described in paragraphs (1) and (2) of sub-
16
section (a).
17
(3) REPORT.—If the Secretary determines
18
under paragraph (2) that the Program would not
19
further the purposes described in paragraph (1) or
20
(2) of subsection (a) and does not establish the Pro-
21
gram, the Secretary shall publish a report describing
22
the reasons the Program would not further those
23
purposes.
24
(d) CERTIFICATION QUALIFICATIONS.—
25
7
† S 1251 ES
(1) IN GENERAL.—
1
(A) PROTOCOLS
AND
QUALIFICATIONS.—
2
After providing public notice and at least a 60-
3
day period for public comment, the Secretary
4
shall, during the 90-day period beginning on
5
the date on which the Program is established,
6
publish—
7
(i) a list of, and documents relating
8
to, recognized protocols for voluntary envi-
9
ronmental credit markets that are designed
10
to ensure consistency, reliability, effective-
11
ness, efficiency, and transparency, includ-
12
ing protocol documents and details relating
13
to—
14
(I) calculations;
15
(II) sampling methodologies;
16
(III) accounting principles;
17
(IV) systems for verification,
18
monitoring, measurement, and report-
19
ing; and
20
(V) methods to account for
21
additionality,
permanence,
leakage,
22
and, where appropriate, avoidance of
23
double counting; and
24
8
† S 1251 ES
(ii) descriptions of qualifications for
1
covered entities that—
2
(I) demonstrate that the covered
3
entity can assist farmers, ranchers,
4
and private forest landowners in ac-
5
complishing the purposes described in
6
paragraphs (1) and (2) of subsection
7
(a); and
8
(II) demonstrate proficiency with
9
the protocols described in clause (i).
10
(B)
REQUIREMENTS.—Covered
entities
11
certified under the Program shall maintain ex-
12
pertise in the protocols described in subpara-
13
graph (A)(i), adhere to the qualifications de-
14
scribed in subparagraph (A)(ii), and adhere to
15
any relevant conflict of interest requirements,
16
as determined appropriate by the Secretary,
17
for—
18
(i) the provision of technical assist-
19
ance to farmers, ranchers, and private for-
20
est landowners for carrying out activities
21
described in paragraph (2); or
22
(ii) the verification of the processes
23
described in protocols for voluntary envi-
24
ronmental credit markets that are used in
25
9
† S 1251 ES
carrying out activities described in para-
1
graph (2).
2
(2) ACTIVITIES.—The activities for which cov-
3
ered entities may provide technical assistance or con-
4
duct verification of processes under the Program are
5
current and future activities that prevent, reduce, or
6
mitigate greenhouse gas emissions or sequester car-
7
bon, which may include—
8
(A) land or soil carbon sequestration;
9
(B) emissions reductions derived from fuel
10
choice or reduced fuel use;
11
(C) livestock emissions reductions, includ-
12
ing emissions reductions achieved through—
13
(i) feeds, feed additives, and the use
14
of byproducts as feed sources; or
15
(ii) manure management practices;
16
(D) on-farm energy generation;
17
(E) energy feedstock production;
18
(F) fertilizer or nutrient use emissions re-
19
ductions;
20
(G) reforestation;
21
(H) forest management, including improv-
22
ing harvesting practices and thinning diseased
23
trees;
24
10
† S 1251 ES
(I) prevention of the conversion of forests,
1
grasslands, and wetlands;
2
(J) restoration of wetlands or grasslands;
3
(K) grassland management, including pre-
4
scribed grazing;
5
(L) current practices associated with pri-
6
vate land conservation programs administered
7
by the Secretary; and
8
(M) such other activities, or combinations
9
of activities, that the Secretary, in consultation
10
with the Advisory Council, determines to be ap-
11
propriate.
12
(3) REQUIREMENTS.—In publishing the list of
13
protocols and description of qualifications under
14
paragraph (1)(A), the Secretary, in consultation
15
with the Advisory Council, shall—
16
(A) ensure that the requirements for cov-
17
ered entities to certify under the Program in-
18
clude maintaining expertise in all relevant infor-
19
mation relating to market-based protocols, as
20
appropriate, with regard to—
21
(i) quantification;
22
(ii) verification;
23
(iii) additionality;
24
(iv) permanence;
25
11
† S 1251 ES
(v) reporting; and
1
(vi) other expertise, as determined by
2
the Secretary; and
3
(B) ensure that a covered entity certified
4
under the Program is required to perform, and
5
to demonstrate expertise, as determined by the
6
Secretary, in accordance with best management
7
practices for agricultural and forestry activities
8
that prevent, reduce, or mitigate greenhouse
9
gas emissions or sequester carbon.
10
(4) PERIODIC
REVIEW.—As appropriate, the
11
Secretary shall periodically review and revise the list
12
of protocols and description of certification qualifica-
13
tions published under paragraph (1)(A) to include
14
any additional protocols or qualifications that meet
15
the requirements described in subparagraphs (A)
16
and (B) of paragraph (3).
17
(e) CERTIFICATION, WEBSITE, AND PUBLICATION OF
18
LISTS.—
19
(1) CERTIFICATION.—A covered entity may
20
self-certify under the Program by submitting to the
21
Secretary, through a website maintained by the Sec-
22
retary—
23
(A) a notification that the covered entity
24
will—
25
12
† S 1251 ES
(i) maintain expertise in the protocols
1
described in clause (i) of subsection
2
(d)(1)(A); and
3
(ii) adhere to the qualifications de-
4
scribed in clause (ii) of that subsection;
5
and
6
(B)
appropriate
documentation
dem-
7
onstrating the expertise described in subpara-
8
graph (A)(i) and qualifications described in
9
subparagraph (A)(ii).
10
(2) WEBSITE AND SOLICITATION.—During the
11
180-day period beginning on the date on which the
12
Program is established, the Secretary shall publish,
13
through an existing website maintained by the Sec-
14
retary—
15
(A) information describing how covered en-
16
tities may self-certify under the Program in ac-
17
cordance with paragraph (1);
18
(B) information describing how covered en-
19
tities may obtain, through private training pro-
20
grams or Department of Agriculture training
21
programs, the requisite expertise—
22
(i) in the protocols described in clause
23
(i) of subsection (d)(1)(A); and
24
13
† S 1251 ES
(ii) to meet the qualifications de-
1
scribed in clause (ii) of that subsection;
2
(C) the protocols and qualifications pub-
3
lished by the Secretary under subsection
4
(d)(1)(A); and
5
(D) instructions and suggestions to assist
6
farmers, ranchers, and private forest land-
7
owners in facilitating the development of agri-
8
culture or forestry credits and accessing vol-
9
untary environmental credit markets, includ-
10
ing—
11
(i) through working with covered enti-
12
ties certified under the Program; and
13
(ii) by providing information relating
14
to programs, registries, and protocols of
15
programs and registries that provide mar-
16
ket-based participation opportunities for
17
working and conservation agricultural and
18
forestry lands.
19
(3) PUBLICATION.—During the 1-year period
20
beginning on the date on which the Program is es-
21
tablished, the Secretary, in consultation with the Ad-
22
visory Council and following the review by the Sec-
23
retary for completeness and accuracy of the certifi-
24
cation notifications and documentation submitted
25
14
† S 1251 ES
under paragraph (1), shall use an existing website
1
maintained by the Secretary to publish—
2
(A) a list of covered entities that are cer-
3
tified under paragraph (1) as technical assist-
4
ance providers; and
5
(B) a list of covered entities that are cer-
6
tified under paragraph (1) as verifiers of the
7
processes described in protocols for voluntary
8
environmental credit markets.
9
(4) UPDATES.—Not less frequently than quar-
10
terly, the Secretary, in consultation with the Advi-
11
sory Council, shall update the lists published under
12
paragraph (3).
13
(5) SUBMISSION.—The Secretary shall notify
14
Congress of the publication of the initial list under
15
paragraph (3).
16
(6) REQUIREMENT.—To remain certified under
17
the Program, a covered entity shall continue—
18
(A) to maintain expertise in the protocols
19
described in subparagraph (A)(i) of subsection
20
(d)(1); and
21
(B) to adhere to the qualifications de-
22
scribed in subparagraph (A)(ii) of that sub-
23
section.
24
15
† S 1251 ES
(7) AUDITING.—Not less frequently than annu-
1
ally, the Secretary shall conduct audits of covered
2
entities that are certified under the Program to en-
3
sure compliance with the requirements under sub-
4
section (d)(1)(B) through an audit process that in-
5
cludes a representative sample of—
6
(A) technical assistance providers; and
7
(B) verifiers of the processes described in
8
protocols for voluntary environmental credit
9
markets.
10
(8) REVOCATION OF CERTIFICATION.—
11
(A) IN GENERAL.—The Secretary may re-
12
voke the certification of a covered entity under
13
the Program in the event of—
14
(i) noncompliance with the require-
15
ments under subsection (d)(1)(B); or
16
(ii) a violation of subsection (f)(2)(A).
17
(B) NOTIFICATION.—If the Secretary re-
18
vokes a certification of a covered entity under
19
subparagraph (A), to the extent practicable, the
20
Secretary shall—
21
(i) request from that covered entity
22
contact i
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