16 U.S.C. § 3845 | Environmental services markets

(a)

Technical guidelines required

The Secretary shall establish technical guidelines that outline science-based methods to measure the environmental services benefits from conservation and land management activities in order to facilitate the participation of farmers, ranchers, and forest landowners in emerging environmental services markets. The Secretary shall give priority to the establishment of guidelines related to farmer, rancher, and forest landowner participation in carbon markets.

(b)

Establishment

The Secretary shall establish guidelines under subsection (a) for use in developing the following:

(1)

A procedure to measure environmental services benefits.

(2)

A protocol to report environmental services benefits.

(3)

A registry to collect, record and maintain the benefits measured.

(c)

Verification requirements

(1)

Verification of reports

The Secretary shall establish guidelines for a process to verify that a farmer, rancher, or forest landowner who reports an environmental services benefit pursuant to the protocol required by paragraph (2) of subsection (b) for inclusion in the registry required by paragraph (3) of such subsection has implemented the conservation or land management activity covered by the report.

(2)

Role of third parties

In establishing the verification guidelines required by paragraph (1), the Secretary shall consider the role of third-parties in conducting independent verification of benefits produced for environmental services markets and other functions, as determined by the Secretary.

(d)

Use of existing information

In carrying out subsection (b), the Secretary shall build on activities or information in existence on the date of the enactment of the Food, Conservation, and Energy Act of 2008 regarding environmental services markets.

(e)

Consultation

In carrying out this section, the Secretary shall consult with the following:

(1)

Federal and State government agencies.

(2)

Nongovernmental interests including—

(A)

farm, ranch, and forestry producers;

(B)

financial institutions involved in environmental services trading;

(C)

institutions of higher education with relevant expertise or experience;

(D)

nongovernmental organizations with relevant expertise or experience; and

(E)

private sector representatives with relevant expertise or experience.

(3)

Other interested persons, as determined by the Secretary.

Pub. L. 99–198, title XII, § 1245 Pub. L. 110–234, title II, § 2709May 22, 2008122 Stat. 1081 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664(, as added , , , and , title II, § 2709, , , 1809.)

Editorial Notes

References in Text

Pub. L. 110–246June 18, 2008The date of the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec (d), is the date of enactment of , which was approved .

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .

Prior Provisions

Pub. L. 99–198, title XII, § 1245Dec. 23, 198599 Stat. 1516 Pub. L. 101–624, title XIV, § 1443Nov. 28, 1990104 Stat. 3602 Pub. L. 102–552, title V, § 516(b)(1)Oct. 28, 1992106 Stat. 4137 Pub. L. 104–127A prior section 3845, , , ; , , ; , , , related to authorization of appropriations, prior to the general amendment of this subchapter by .

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of Title 7Enactment of this section and repeal of by effective , the date of enactment of , see , set out as a note under , Agriculture.