7 U.S.C. § 6712: Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program

The term “Advisory Council” means the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program Advisory Council established under subsection (f)(1). The term “agriculture or forestry credit” means a credit representing an amount of greenhouse gas emissions from an agricultural or forestry activity that are prevented, reduced, or mitigated (including through the sequestration of carbon) as a result of an agricultural or forestry activity. a beginning farmer or rancher (as defined in section 2279(a) of this title ); a socially disadvantaged farmer or rancher (as defined in section 2003(e) of this title ); a limited resource farmer or rancher (as defined in section 1470.3 of title 7, Code of Federal Regulations (or successor regulations)); or a veteran farmer (as defined in section 2279 of this title ). is a provider of technical assistance to farmers, ranchers, or private forest landowners in carrying out sustainable land use management practices that prevent, reduce, or mitigate greenhouse gas emissions (including through the sequestration of carbon); or is a third-party verifier entity that conducts the verification of the processes described in protocols for voluntary environmental credit markets. carbon dioxide; methane; nitrous oxide; and any other gas that the Secretary, in consultation with the Advisory Council, determines has been identified to have heat trapping qualities. The term “Program” means the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program established under subsection (b). for the development of projects to prevent, reduce, or mitigate greenhouse gas emissions (including projects to sequester carbon); and for demonstrating how to quantify, monitor, report, and verify the prevention, reduction, or mitigation of greenhouse gas emissions by projects described in subparagraph (A). The term “socially disadvantaged group” has the meaning given that term in section 2003(e) of this title . The term “technical assistance” means technical expertise, information, and tools to assist a farmer, rancher, or private forest landowner, who is engaged in or wants to engage in a project to prevent, reduce, or mitigate greenhouse gas emissions (including a project to sequester carbon), as necessary to meet a protocol. The term “voluntary environmental credit market” means a voluntary market through which agriculture or forestry credits may be bought or sold. Facilitating the participation of farmers, ranchers, and private forest landowners in voluntary environmental credit markets. Facilitating the provision of technical assistance, through covered entities, to farmers, ranchers, and private forest landowners to help overcome barriers to entry into voluntary environmental credit markets. Ensuring that participating farmers, ranchers, and private forest landowners receive fair distribution of revenues derived from the sale of an agriculture or forestry credit. Increasing access for farmers, ranchers, and private forest landowners to resources relating to existing voluntary environmental credit markets, including information relating to the basic market structure and the various roles and qualifications of different parties. In making the determination under this paragraph, the Secretary shall consider the results of the assessment conducted under subsection (g)(2)(A) and any other relevant information. If the Secretary determines under paragraph (1) that establishing such a program will further such purposes, the Secretary shall establish a voluntary program, to be known as the “Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program”, to register covered entities that carry out activities described in subsection (c). Not later than 90 days after making the determination under paragraph (1), the Secretary shall publish a report describing the reasons for such determination, including how establishing a program under this subsection would or would not further each of the purposes described in paragraph (1)(A). calculations; sampling methodologies; voluntary environmental credit accounting principles; systems for verification, monitoring, measurement, and reporting; and methods to account for additionality, permanence, leakage, and, where appropriate, avoidance of double counting; and descriptions of widely accepted qualifications possessed by covered entities that provide technical assistance to farmers, ranchers, and private forest landowners. land or soil carbon sequestration; emissions reductions derived from fuel choice or reduced fuel use; feeds, feed additives, and the use of byproducts as feed sources; or manure management practices; on-farm energy generation; energy feedstock production; fertilizer or nutrient use emissions reductions; reforestation; forest management, including improving harvesting practices and thinning diseased trees; prevention of the conversion of forests, grasslands, and wetlands; restoration of wetlands or grasslands; grassland management, including prescribed grazing; current practices associated with private land conservation programs administered by the Secretary; and such other activities, or combinations of activities, that the Secretary, in consultation with the Advisory Council, determines to be appropriate. quantification; verification; additionality; permanence; reporting; and other expertise, as determined by the Secretary. As appropriate, the Secretary shall periodically review and revise the list and descriptions published under paragraph (1) to include any additional protocols or qualifications described in paragraph (3). Not later than 1 year after establishing the Program, the Secretary shall publish, through a website maintained by the Secretary, a registration list consisting of a list of covered entities that have submitted information to the Secretary, which list the Secretary shall regularly update. the region in which the covered entity provides its services; whether the covered entity is a technical assistance provider or a verifier; and the protocols in which the covered entity has proficiency; and has been identified by the Advisory Council in its initial assessment under subsection (g)(1) to ensure certainty for producers in the marketplace for agriculture or forestry credits; and the Secretary determines is appropriate for inclusion. information describing how covered entities may register under the Program in accordance with paragraph (1); a list of the widely accepted protocols and qualifications published by the Secretary under subsection (c)(1); and through working with covered entities registered under the Program; and by providing information relating to programs, registries, and protocols of programs and registries that provide market-based participation opportunities for working and conservation agricultural and forestry lands. act in good faith to provide realistic estimates of costs and revenues relating to activities and verification of processes described in subsection (c)(2), as applicable to the covered entity; and demonstrate expertise in, and are able to perform in accordance with, best management practices for agricultural and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions (including through the sequestration of carbon). the information provided by the entity under paragraph (1)(B); or best management practices for agricultural and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions (including through the sequestration of carbon). based on a periodic review of a representative sample of covered entities, which shall occur not less frequently than once each year; or as necessary. A covered entity that has been removed from the registration list pursuant to subparagraph (A) may appeal the determination to the Secretary. the information provided by the entity under paragraph (1)(B); and best management practices for agricultural and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions (including through the sequestration of carbon). request from that covered entity contact information for all farmers, ranchers, and private forest landowners to which the covered entity provided technical assistance or the verification of the processes described in protocols of voluntary environmental credit markets; and notify those farmers, ranchers, and private forest landowners of the removal. Nothing in this section authorizes the Secretary to compel a farmer, rancher, or private forest landowner to participate in a transaction or project facilitated by a covered entity certified under paragraph (1). A person or entity, regardless of whether the person or entity is registered under the Program, shall not make a fraudulent submission under subsection (d) or make a fraudulent claim regarding the presence of that person or entity on the registration list published under such subsection. subject to a civil penalty equal to such amount as the Secretary determines to be appropriate, not to exceed $1,000 per violation; and ineligible to register under the Program for the 5-year period beginning on the date of the violation. During the 90-day period beginning on the date on which the Program is established, the Secretary shall establish an advisory council, to be known as the “Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program Advisory Council”. The Advisory Council shall be composed of members appointed by the Secretary in accordance with this paragraph. be broadly representative of the agriculture and private forest sectors; include beginning, socially disadvantaged, limited resource, and veteran farmers, ranchers, and private forest landowners; and be composed of not less than 51 percent farmers, ranchers, or private forest landowners. not more than 2 representatives of the Department of Agriculture, as determined by the Secretary; not more than 1 representative of the Environmental Protection Agency, as determined by the Administrator of the Environmental Protection Agency; not more than 1 representative of the National Institute of Standards and Technology; not fewer than 12 representatives of the agriculture industry, appointed in a manner that is broadly representative of the agriculture sector, including not fewer than 6 active farmers and ranchers; not fewer than 4 representatives of private forest landowners or the forestry and forest products industry appointed in a manner that is broadly representative of the private forest sector; not more than 4 representatives of the relevant scientific research community, including not fewer than 2 representatives from land-grant colleges and universities (as defined in section 3103 of this title ), of which 1 shall be a representative of a college or university eligible to receive funds under the Act of August 30, 1890 (commonly known as the “Second Morrill Act”) ( 26 Stat. 417 , chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University; not more than 2 experts or professionals familiar with voluntary environmental credit markets and the verification requirements in those markets; not more than 3 members of nongovernmental or civil society organizations with relevant expertise, of which not fewer than 1 shall represent the interests of socially disadvantaged groups; not more than 3 members of private sector entities or organizations that participate in voluntary environmental credit markets; and any other individual whom the Secretary determines to be necessary to ensure that the Advisory Council is composed of a diverse group of representatives of industry, academia, independent researchers, and public and private entities. The Secretary shall designate a member of the Advisory Council to serve as the Chair. not fewer than 8 members shall serve for a term of 1 year; not fewer than 12 members shall serve for a term of 2 years; and not fewer than 12 members shall serve for a term of 3 years. After the initial term of a member of the Advisory Council, including the members first appointed, the member may serve not more than 4 additional 2-year terms. The Advisory Council shall meet not less frequently than annually, at the call of the Chair. During the 90-day period beginning on the date on which the members are appointed under paragraph (2)(A), the Advisory Council shall hold an initial meeting. the list of protocols and description of qualifications published by the Secretary under subsection (c)(1); and the activities described in subsection (c)(1)(B); make recommendations to the Secretary regarding the best practices that should be included in the protocols, description of qualifications, and activities described in subparagraph (A); and the current methods used by voluntary environmental credit markets to quantify and verify the prevention, reduction, or mitigation of greenhouse gas emissions (including the sequestration of carbon); means to reduce barriers to entry in the business of providing technical assistance or the verification of the processes described in protocols of voluntary environmental credit markets for covered entities, including by improving technical assistance provided by the Secretary; means to reduce compliance and verification costs for farmers, ranchers, and private forest landowners in entering voluntary environmental credit markets, including through mechanisms and processes to aggregate the value of activities across land ownership; issues relating to land and asset ownership in light of evolving voluntary environmental credit markets; and additional means to reduce barriers to entry in voluntary environmental credit markets for farmers, ranchers, and private forest landowners, particularly for beginning, socially disadvantaged, limited resource, and veteran farmers, ranchers, and private forest landowners. The members of the Advisory Council shall serve without compensation. the member or a family member, as determined by the Secretary; stock owned by the member or a family member, as determined by the Secretary; or the employer of, or a business owned in whole or in part by, the member or a family member, as determined by the Secretary; or constitute a conflict of interest under section 208 of title 18 ; or may call into question the integrity of the Advisory Council, the Program, or the technical assistance or verification activities described under subsection (c)(2). The Advisory Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.), 1 except that section 14(a)(2) of that Act shall not apply. 1 See References in Text note below. Not later than 90 days after the Advisory Council holds an initial meeting, the Advisory Council shall submit to the Secretary, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate an initial assessment that examines ways to ensure certainty for farmers, ranchers, or private forest landowners in the marketplace for agriculture or forestry credits, including identification of any information that may be appropriate for entities to provide when registering under subsection (d)(1)(B). the number and categories of non-Federal actors in the nonprofit and for-profit sectors involved in development, generation, or sale of agriculture or forestry credits in voluntary environmental credit markets; the estimated overall domestic market demand for agriculture or forestry credits at the end of the preceding 4-calendar year period, and historically, in voluntary environmental credit markets; the total number of agriculture or forestry credits (measured in metric tons of carbon dioxide equivalent) that were estimated to be in development, generated, or sold in market transactions during the preceding 4-calendar year period, and historically, in voluntary environmental credit markets; the estimated supply and demand of metric tons of carbon dioxide equivalent of offsets in the global marketplace for the next 4 years; the barriers to entry due to compliance and verification costs described in subsection (f)(4)(C)(iii); the state of monitoring and measurement technologies needed to quantify long-term carbon sequestration in soils and from other activities to prevent, reduce, or mitigate greenhouse gas emissions in the agriculture and forestry sectors; means to reduce barriers to entry into voluntary environmental credit markets for beginning, socially disadvantaged, limited resource, and veteran farmers, ranchers, and private forest landowners, and the extent to which existing protocols of voluntary environmental credit markets allow for aggregation of projects among farmers, ranchers, and private forest landowners; the extent to which the existing regimes for generating and selling agriculture or forestry credits (as the regimes exist at the end of the preceding 4-calendar year period, and historically), and existing voluntary environmental credit markets, may be impeded or constricted, or achieve greater scale and reach, if the Department of Agriculture were involved, including involvement in education described in clause (ix); the extent to which Department of Agriculture education of stakeholders about voluntary environmental credit markets would benefit those stakeholders, including whether that education would reduce barriers to entry identified under clause (v); the extent to which existing protocols of voluntary environmental credit markets, including verification, additionality, permanence, and reporting, adequately take into consideration and account for factors encountered by the agriculture and private forest sectors in preventing, reducing, or mitigating greenhouse gas emissions (including by sequestering carbon) through agriculture and forestry practices, considering variances across regions, topography, soil types, crop or species varieties, and business models; the extent to which existing protocols of voluntary environmental credit markets consider options to ensure the continued valuation, through discounting or other means, of agriculture and forestry credits in the case of the practices underlying those credits being disrupted due to unavoidable events, including production challenges and natural disasters; and opportunities for other voluntary markets outside of voluntary environmental credit markets to foster the trading, buying, or selling of credits that are derived from activities that provide other ecosystem service benefits, including activities that improve water quality, water quantity, wildlife habitat enhancement, and other ecosystem services, as the Secretary determines appropriate; publish the assessment; and submit the assessment to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Advisory Council, shall conduct the assessment described in paragraph (2)(A) and publish and submit such assessment in accordance with subparagraphs (B) and (C) of paragraph (2) every 4 years after the publication and submission of the first assessment under subparagraphs (B) and (C) of paragraph (2). Except as provided in paragraph (2), the Secretary, any other officer or employee of the Department of Agriculture or any agency of the Department of Agriculture, or any other person may not disclose to the public the information held by the Secretary described in subparagraph (B). personally identifiable information, including in a contract or service agreement, of a farmer, rancher, or private forest landowner, obtained by the Secretary under subsection (d)(4)(C)(i); and confidential business information in a contract or service agreement of a farmer, rancher, or private forest landowner obtained by the Secretary under subsection (d)(4)(C)(i). Information described in clause (i) may be released to the public if the information has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied or is the subject of the particular information. Paragraph (1) shall not prohibit the disclosure by an officer or employee of the Federal Government of information described in paragraph (1)(B) as otherwise directed by the Secretary or the Attorney General for enforcement purposes. In addition to the amount made available under paragraph (2), there is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2023 through 2027. There is rescinded $4,100,000 of the unobligated balance of amounts made available by section 1003 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). If such unobligated amounts are available to execute the rescission under subparagraph (A), on the day after the execution of the rescission, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $4,100,000 to carry out this section to remain available for fiscal years 2023 through 2027. None of the funds of the Commodity Credit Corporation shall be used to carry out this section. Nothing in this section shall be construed to provide authority to the Secretary for the establishment or operation of a Federal market through which agriculture or forestry credits may be bought or sold.