Naturally Offsetting Emissions by Managing and Implementing Tillage Strategies Act of 2023 or the NO EMITS Act of 2023
This bill directs the Department of Agriculture (USDA) to carry out activities to improve soil health, including to address climate change.
Specifically, USDA must
The bill also (1) makes practices related to livestock production eligible for certain competitive grants under the On-Farm Conservation Innovation Trials program, and (2) increases funding for the program.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4163 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4163
To amend the Food Security Act of 1985 to optimize the sequestration of
carbon and the reduction of net emissions through agricultural
practices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2023
Mr. Gallagher (for himself, Mr. Huffman, and Mr. Nunn of Iowa)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to optimize the sequestration of
carbon and the reduction of net emissions through agricultural
practices, 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 ``Naturally Offsetting Emissions by
Managing and Implementing Tillage Strategies Act of 2023'' or the ``NO
EMITS Act of 2023''.
SEC. 2. SOIL HEALTH TRANSITION INCENTIVE PROGRAM.
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2)
is amended by adding at the end the following:
``(k) Soil Health Transition Incentive Program.--
``(1) Establishment and purposes.--The Secretary shall
establish a soil health transition incentive program to assist
producers in transitioning to soil health cropping systems by--
``(A) providing incentives to adopt soil health
cropping systems, including by addressing the economic
risk during a transition to a new soil health cropping
system; and
``(B) providing technical assistance for such a
transition.
``(2) Contracts.--
``(A) In general.--The Secretary shall enter into
soil health transition incentive contracts with
producers under this subsection to provide payments
for--
``(i) the adoption and installation of soil
health practices (including cover cropping, no
till, and minimum till) or cropping systems;
and
``(ii) completing, managing, maintaining,
and improving the soil health practices or
cropping systems for the duration of the
contract, as determined appropriate by the
Secretary.
``(B) Payment amounts.--In determining the amount
of payments under subparagraph (A), the Secretary shall
consider, to the extent practicable--
``(i) the level and extent of the soil
health practice or cropping system to be
adopted, installed, completed, managed,
maintained, or improved;
``(ii) the cost of the adoption,
installation, completion, management,
maintenance, or improvement of the soil health
practice or cropping system;
``(iii) income foregone by the producer,
including payments, as appropriate, to
address--
``(I) increased economic risk;
``(II) loss in revenue due to
anticipated reductions in yield; and
``(III) economic losses during
transition to new cropping systems; and
``(iv) the extent to which compensation
would ensure long-term continued management,
maintenance, and improvement of the soil health
practice or cropping system.
``(C) Term.--A contract under this subsection shall
have a term of not fewer than 5 years and not more than
7 years.
``(3) Individualized agronomic technical assistance.--To
assist producers in making a successful transition to a soil
health cropping system, the Secretary shall provide
individualized and multiyear agronomic technical assistance, at
the option of the producer, through--
``(A) the Secretary;
``(B) a third-party provider;
``(C) a commercial entity (including a farmer
cooperative or agriculture retailer);
``(D) a nonprofit entity with agronomic expertise;
or
``(E) a State or local government (including a
conservation district).''.
SEC. 3. 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)--
(A) in subclause (VI), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following:
``(VIII) practices related to
livestock production; and''; and
(2) in paragraph (2), by striking ``$25,000,000'' and
inserting ``$50,000,000''.
SEC. 4. STATE ASSISTANCE FOR SOIL HEALTH.
Subchapter B of chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa-21 et seq.) is amended by adding
at the end the following:
``SEC. 1240L-2. STATE ASSISTANCE FOR SOIL HEALTH.
``(a) Definitions.--In this section:
``(1) Eligible indian tribe.--The term `eligible Indian
tribe' means an Indian tribe that is--
``(A) implementing a soil health program for the
area over which the Indian tribe has jurisdiction; and
``(B) meeting or exceeding performance measures
established by the Indian tribe for the soil health
program.
``(2) Eligible state.--The term `eligible State' means a
State that is--
``(A) implementing a soil health program for the
State; and
``(B) meeting or exceeding performance measures
established by the State for the soil health program.
``(3) Soil health program.--The term `soil health program'
means a program to improve soil health on agricultural land
that--
``(A) is broadly consistent with the soil health
principles of the Natural Resources Conservation
Service, as determined by the Secretary; and
``(B) may include--
``(i) technical assistance;
``(ii) financial assistance;
``(iii) on-farm research and demonstration;
``(iv) education, outreach, and training;
``(v) monitoring and evaluation; or
``(vi) such other components as the
Secretary determines appropriate.
``(b) Availability and Purpose of Grants.--For fiscal years 2024
through 2028, the Secretary shall make grants to eligible States and
eligible Indian tribes for the purpose of improving soil health on
agricultural lands through the implementation of State and Tribal soil
health programs.
``(c) Applications.--
``(1) In general.--To receive a grant under this section,
an eligible State or eligible Indian tribe shall submit to the
Secretary an application at such time, in such a manner, and
containing such information as the Secretary shall require,
which shall include--
``(A) a description of performance measures to be
used to evaluate the State or Tribal soil health
program and the results of any activities carried out
using grant funds received under this section; and
``(B) an assurance that grant funds received under
this section will supplement the expenditure of State
or Tribal funds in support of soil health, rather than
replace such funds.
``(2) Tribal option.--An Indian tribe shall have the
option, at the sole discretion of the Indian tribe, to be
incorporated into the application of an eligible State.
``(d) Priority.--In making grants under this section, the Secretary
shall give priority to eligible States and eligible Indian tribes with
a climate action plan that includes soil health, as determined by the
Secretary.
``(e) Grants.--
``(1) Amount.--The amount of a grant to an eligible State
or eligible Indian tribe under this section for a fiscal year
may not exceed the lower of--
``(A) $5,000,000; or
``(B) as applicable--
``(i) 50 percent of the cost of
implementing the State soil health program in
the fiscal year; or
``(ii) 75 percent of the cost of
implementing the Tribal soil health program in
the fiscal year.
``(2) Term.--A grant under this section shall be for 1
year, and may be renewed annually.
``(f) Audits and Reviews.--An eligible State or eligible Indian
tribe receiving a grant under this section shall submit to the
Secretary--
``(1) for each year for which the State or Indian tribe
receives such a grant, the results of an audit of the
expenditures of the grant funds; and
``(2) at such intervals as the Secretary shall establish, a
review and evaluation of the State or Tribal soil health
program.
``(g) Effect of Noncompliance.--If the Secretary, after reasonable
notice to an eligible State or eligible Indian tribe receiving a grant
under this section, finds that the State or Indian tribe has failed to
comply with the terms of the grant, the Secretary may disqualify, for 1
or more years, the State or Indian tribe from receipt of future grants
under this section.
``(h) Funding.--Of the funds made available to carry out this
subchapter, $100,000,000 shall be available in each of fiscal years
2024 through 2028 to carry out this section.
``(i) Administration.--
``(1) Department.--The Secretary may not use more than 3
percent of the funds made available to carry out this section
for a fiscal year for administrative expenses.
``(2) States or indian tribes.--An eligible State or
eligible Indian tribe receiving a grant under this section may
not use more than 7 percent of the granted funds for a fiscal
year for administrative expenses.''.
SEC. 5. TECHNICAL ASSISTANCE.
Section 1241(c) of the Food Security Act of 1985 (16 U.S.C.
3841(c)) is amended by adding at the end the following:
``(5) Special initiative.--
``(A) In general.--In each of fiscal years 2024
through 2028, the Secretary shall carry out a special
technical assistance initiative to assist producers in
mitigating and adapting to climate change, using, of
the funds of the Commodity Credit Corporation, an
amount equal to not less than 1 percent of the amount
of funds made available by subsection (a) for the
fiscal year.
``(B) Provision of technical assistance.--The
Secretary shall provide technical assistance under this
paragraph to producers--
``(i) in accordance with section 1242(c);
or
``(ii) notwithstanding such section,
through a cooperative agreement or contract
with--
``(I) a cooperative extension;
``(II) a nongovernmental
organization; or
``(III) a State, Tribal, or Federal
agency.
``(C) Underserved producers.--In providing
technical assistance under this paragraph the Secretary
shall give priority to producers who are persons
described in section 1244(a)(2).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation, Research, and Biotechnology.
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