,,ii #aafth ,,congress #b;d ,session ,s4 #dfdc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bb1 #bjbj,mrs4 ,shaheen 7for herself and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to require the ,secretary of ,agriculture to establish a forest incentives program to keep forests intact and sequester carbon on private forest land of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,forest ,incentives ,program ,act of #bjbj4 #b4 ,forest incentives program 7a7 ,definitions ,in this section3 7#a7 ,carbon incentives contract2 contract ,the term carbon incentives contract or contract means a #ae- to #cj-year contract that specifies-- 7,a7 the eligible practices that will be undertaken2 7,b7 the acreage of eligible land on which the practices will be undertaken2 7,c7 the agreed rate of compensation per acre2 7,d7 a schedule to verify that the terms of the contract have been fulfilled2 and 7,e7 such other terms as are determined necessary by the ,secretary4 7#b7 ,conservation easement agreement2 agreement ,the term conservation easement agreement or agreement means a permanent conservation easement that-- 7,a7 covers eligible land that will not be converted for development2 7,b7 is enrolled under a carbon incentives contract2 and 7,c7 is consistent with the guidelines for-- 7i7 the ,forest ,legacy ,program established under section #g of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;c71 subject to the condition that an eligible practice shall be considered to be a conservation value for purposes of such consistency2 or 7ii7 any other program approved by the ,secretary for use under this section to provide consistency with ,federal legal requirements for permanent conservation easements4 7#c7 ,eligible land ,the term eligible land means forest land in the ,united ,states that is privately owned at the time of initiation of a carbon incentives contract or conservation easement agreement4 7#d7 ,eligible practice 7,a7 ,in general ,the term eligible practice means a forestry practice1 including improved forest management that produces marketable forest products1 that is determined by the ,secretary to provide measurable increases in carbon sequestration and storage beyond customary practices on comparable land4 7,b7 ,inclusions ,the term eligible practice includes-- 7i7 afforestation on nonforested land1 such as marginal crop or pasture land1 windbreaks1 shelterbelts1 stream buffers1 including working land and urban forests and parks1 or other areas identified by the ,secretary2 7ii7 reforestation on forest land impacted by wildfire1 pests1 wind1 or other stresses1 including working land and urban forests and parks2 7iii7 improved forest management1 with appropriate crediting for the carbon benefits of harvested wood products1 through practices such as improving regeneration after harvest1 planting in understocked forests1 reducing competition from slow-growing species1 thinning to encourage growth1 changing rotations to increase carbon storage1 improving harvest efficiency or wood use2 and 7iv7 such other practices as the ,secretary determines to be appropriate4 7#e7 ,forest incentives program2 program ,the term forest incentives program or program means the forest incentives program established under subsection 7b77#a74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,supplemental greenhouse gas emission reductions in ,united ,states 7#a7 ,in general ,the ,secretary shall establish a forest incentives program to achieve supplemental greenhouse gas emission reductions and carbon sequestration on private forest land of the ,united ,states through-- 7,a7 carbon incentives contracts2 and 7,b7 conservation easement agreements4 7#b7 ,priority ,in selecting projects under this subsection1 the ,secretary shall provide a priority for contracts and agreements-- 7,a7 that sequester the most carbon on a per acre basis1 with appropriate crediting for the carbon benefits of harvested wood products2 and 7,b7 that create forestry jobs or protect habitats and achieve significant other environmental1 economic1 and social benefits4 7#c7 ,eligibility 7,a7 ,in general ,to participate in the program1 an owner of eligible land shall-- 7i7 enter into a carbon incentives contract2 and 7ii7 fulfill such other requirements as the ,secretary determines to be necessary4 7,b7 ,continued eligible practices ,an owner of eligible land who has been carrying out eligible practices on the eligible land shall not be barred from entering into a carbon incentives contract under this subsection to continue carrying out the eligible practices on the eligible land4 7,c7 ,duration of contract ,a contract shall be for a term of not less than #ae1 nor more than #cj1 years1 as determined by the owner of eligible land4 7,d7 ,compensation under contract ,the ,secretary shall determine the rate of compensation per acre under the contract so that the longer the term of the contract1 the higher rate of compensation4 7,e7 ,relationship to other programs ,an owner or operator shall not be prohibited from participating in the program due to participation of the owner or operator in other ,federal or ,state conservation assistance programs4 7#d7 ,compliance ,in developing regulations for carbon incentives contracts under this subsection1 the ,secretary shall specify requirements to address whether the owner of eligible land has completed contract and agreement requirements4 7c7 ,incentive payments 7#a7 ,in general ,the ,secretary shall provide to owners of eligible land financial incentive payments for-- 7,a7 eligible practices that measurably increase carbon sequestration and storage over a designated period on eligible land1 with appropriate crediting for the carbon benefits of harvested wood products1 as specified through a carbon incentives contract2 and 7,b7 subject to paragraph 7#b71 conservation easements on eligible land covered under a conservation easement agreement4 7#b7 ,compensation ,the ,secretary shall determine the amount of compensation to be provided under a contract under this subsection based on the emissions reductions obtained or avoided and the duration of the reductions1 with due consideration to prevailing carbon pricing as determined by any relevant or ,state compliance offset programs4 7#c7 ,no conservation easement agreement required ,eligibility for financial incentive payments under a carbon incentives contract described in paragraph 7#a77;,a7 shall not require a conservation easement agreement4 7d7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue regulations that specify eligible practices and related compensation rates1 standards1 and guidelines as the basis for entering into the program with owners of eligible land4 7e7 ,set-,aside of funds for certain purposes 7#a7 ,in general ,at the discretion of the ,secretary1 a portion of program funds made available under the program for a fiscal year may be used-- 7,a7 to develop forest carbon modeling and methodologies that will improve the projection of carbon gains for any forest practices made eligible under the program2 7,b7 to provide additional incentive payments for specified management activities that increase the adaptive capacity of land under a carbon incentives contract2 and 7,c7 for the ,forest ,inventory and ,analysis ,program of the ,forest ,service to develop improved measurement and monitoring of forest carbon stocks4 7#b7 ,program components ,in establishing the program1 the ,secretary shall provide that funds provided under this section shall not be substituted for1 or otherwise used as a basis for reducing1 funding authorized or appropriated under other programs to compensate owners of eligible land for activities that are not covered under the program4 7f7 ,program measurement1 monitoring1 verification1 and reporting 7#a7 ,measurement1 monitoring1 and verification ,the ,secretary shall establish and implement protocols that provide monitoring and verification of compliance with the terms of contracts and agreements4 7#b7 ,reporting requirement ,at least annually1 the ,secretary shall submit to ,congress a report that contains-- 7,a7 an estimate of annual and cumulative reductions achieved as a result of the program1 determined using standardized measures1 including measures of economic efficiency2 7,b7 a summary of any changes to the program that will be made as a result of program measurement1 monitoring1 and verification2 7,c7 the total number of acres enrolled in the program by method2 and 7,d7 a ,state-by-,state summary of the data4 7#c7 ,availability of report ,each report required by this subsection shall be available to the public through the website of the ,department of ,agriculture4 7#d7 ,program adjustments ,at least once every #b years the ,secretary shall adjust eligible practices and compensation rates for future carbon incentives contracts based on the results of monitoring under paragraph 7#a7 and reporting under paragraph 7#b71 if determined necessary by the ,secretary4 7#e7 ,estimating carbon benefits ,any modeling1 methodology1 or protocol resource developed under this section-- 7,a7 shall be suitable for estimating carbon benefits associated with eligible practices for the purpose of incentives under this section2 and 7,b7 may be used for netting by ,states or emission sources under ,federal programs relating to carbon emissions4 7g7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #c4 ,material choices in buildings for supplemental greenhouse gas emission reductions in ,united ,states 7a7 ,definitions ,in this section3 7#a7 ,eligible building ,the term eligible building means a nonresidential building used for commercial or ,state or local government purposes4 7#b7 ,eligible product ,the term eligible product means a commercial or industrial product1 such as an intermediate1 feedstock1 or end product 7other than food or feed71 that is composed in whole or in part of biological products1 including renewable agricultural and forestry materials used as structural building material4 7#c7 ,program ,the term program means the greenhouse gas incentives program established under this section4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,supplemental greenhouse gas emission reductions in buildings 7#a7 ,in general ,the ,secretary shall establish a greenhouse gas incentives program to achieve supplemental greenhouse gas emission reductions from material choices in buildings1 based on the lifecycle assessment of the building materials4 7#b7 ,financial incentive payments ,the ,secretary shall provide to owners of eligible buildings incentive payments for the use of eligible products in buildings for sequestering carbon based on a lifecycle assessment of the structural assemblies1 as compared to a model building as a result of using eligible products in substitution for more energy-intensive materials in-- 7,a7 new construction2 or 7,b7 building renovation4 7c7 ,program requirements 7#a7 ,applications ,to be eligible to participate in the program1 the owner of an eligible building shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,components ,in establishing the program1 the ,secretary shall require that payments for activities under the program shall be-- 7,a7 established at a rate not to exceed the net estimated benefit an owner of an eligible building would receive for similar practices under any federally established carbon offset program1 taking into consideration the costs associated with the issuance of credits and compliance with reversal provisions2 7,b7 provided to owners of eligible buildings demonstrating at least a #bj-percent reduction in carbon emissions potential1 based on a lifecycle assessment of the structural assemblies1 as compared to the structural assemblies of a model building1 subject to the requirements that-- 7i7 the ,secretary shall identify a model baseline nonresidential building-- 7,i7 of common size and function2 and 7,,ii7 having a service life of not less than #fj years2 and 7ii7 applicants shall evaluate the carbon emissions potential of the baseline building and the proposed building using the same lifecycle assessment software tool and data sets1 which shall be compliant with the document numbered ,,iso #adjdd2 and 7,c7 provided on certification by the owner of an eligible building and verification by the ,secretary1 after consultation with the ,secretary of ,energy1 that-- 7i7 the eligible building meets the requirements of the applicable ,state commercial building energy efficiency code 7as in effect on the date of the applicable permit of the eligible building72 and 7ii7 the ,state has made the certification required pursuant to section #cjd of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcc74 7#c7 ,incentive payments ,a participant in the program shall receive payment under the program on completion of construction or renovation of the applicable eligible building4 7d7 ,reports ,not less frequently than once each year1 the ,secretary shall submit to ,congress a report that contains-- 7#a7 an estimate of annual and cumulative reductions achieved as a result of the program-- 7,a7 determined by using lifecycle assessment software that is compliant with the document numbered ,,iso #adjdd2 and 7,b7 expressed in terms of the total number of cars removed from the road2 7#b7 a summary of any changes to the program that will be made as a result of past implementation of the program2 and 7#c7 the total number of buildings under carbon incentives contracts as of the date of the report4 7e7 ,analytical requirements ,for purposes of this section-- 7#a7 any carbon emissions potential calculation shall-- 7,a7 be performed in accordance with standard lifecycle assessment practice2 and 7,b7 include removal and sequestration of carbon dioxide from the use of biobased products1 as well as recycled content materials2 7#b7 a full lifecycle assessment shall be conducted taking into consideration all lifecycle stages1 including-- 7,a7 resource extraction and processing2 7,b7 product manufacturing2 7,c7 onsite construction of assemblies2 7,d7 transportation2 7,e7 maintenance and replacement cycles over an assumed eligible building service life of #fj years2 and 7,f7 demolition2 7#c7 structural assemblies shall be considered to include columns1 beams1 girders1 purlins1 floor deck1 roof1 and structural envelope elements2 7#d7 primary materials shall be considered to include common products used as the structural system1 such as wood1 steel1 concrete1 or masonry2 and 7#e7 the effects of recycling1 reuse1 or energy recovery beyond the boundaries of an applicable study system shall not be taken in account4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4