[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4327 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4327
To direct the Secretary of Agriculture to establish the alternative
manure management program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2023
Mr. Costa (for himself, Ms. Pingree, and Mr. Valadao) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to establish the alternative
manure management program, 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 ``Converting Our Waste Sustainably
(COWS) Act of 2023''.
SEC. 2. ALTERNATIVE MANURE MANAGEMENT PROGRAM.
Chapter 5 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3839bb et seq.) is amended by adding at the end the
following:
``SEC. 1240S. ALTERNATIVE MANURE MANAGEMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Alternative manure management program.--The term
`alternative manure management program' means the program
established under subsection (b).
``(2) Covered management measure.--The term `covered
management measure' means a dairy or livestock operation method
that is used by an eligible producer to reduce baseline methane
emissions and, where applicable, improve carbon sequestration
on the operation of such eligible producer, including the
measures described in subparagraphs (A) through (D) in
subsection (f)(2).
``(3) Eligible producer.--The term `eligible producer'
means a dairy or livestock producer--
``(A) who agrees to reduce greenhouse gas emissions
by adopting at least 1 covered management measure as an
alternative or complement to anaerobic systems that
capture methane emissions;
``(B) whose baseline manure management practices
prior to enrollment in the alternative manure
management program include the anaerobic decomposition
of volatile solids stored in a lagoon or other
predominantly liquid anaerobic environment; or
``(C) in the case of a dairy or livestock producer
whose baseline manure management practices prior to
enrollment in the alternative manure management program
includes an anaerobic system that captures methane
emissions, that can replace or complement such
anaerobic system with a covered management measure.
``(4) Pasture-based management.--The term `pasture-based
management' means a dairy or livestock production system--
``(A) that eliminates or reduces the quantity of
manure stored in anaerobic conditions; and
``(B) in which the livestock spend all or a
substantial portion of time grazing on fields in which
some or all of the manure is deposited and left in the
field to decompose aerobically.
``(5) Solid separation system.--The term `solid separation
system' means a system that is designed to separate liquid
components of manure from mineral and organic solid components
of such manure.
``(b) Establishment.--The Secretary shall establish an alternative
manure management program to award contracts to eligible producers to
support carbon sequestration and greenhouse gas emissions reductions by
implementing covered management measures.
``(c) Submission of Individual Contract Offers.--To be eligible to
participate in the alternative manure management program, an eligible
producer shall submit to the Secretary a contract offer that details
any covered management measure to be used on the operation of such
eligible producer.
``(d) Cluster Contract Offers.--The Secretary shall establish
procedures under which--
``(1) a group of producers may submit a joint contract
offer for a shared composting facility; and
``(2) the Secretary will allocate payments to each eligible
producer associated with such joint contract.
``(e) Duties of Secretary.--
``(1) Evaluation criteria.--The Secretary shall develop
criteria for evaluating and ranking contract offers to
prioritize contract offers that will maximize--
``(A) carbon sequestration;
``(B) greenhouse gas emissions reductions; and
``(C) the overall environmental and public health
benefits.
``(2) Priority.--In awarding contracts under this section,
the Secretary, using the criteria developed under paragraph
(1), shall give priority to contract offers that address air
quality, water quality, or other public health concerns
associated with dairy and livestock operations located near
low-income or underserved communities.
``(3) Grouping of contract offers.--The Secretary may group
and evaluate contract offers relative to other contract offers
for similar farming operations.
``(4) Geographical diversity.--In awarding contracts under
this section, the Secretary shall ensure geographical
diversity.
``(f) Contract Provisions.--
``(1) Term.--A contract awarded under this section shall
have a term that does not exceed 3 years.
``(2) Covered management measures.--Each eligible producer
requesting funding under the alternative manure management
program shall implement at least one of the following:
``(A) With respect to pasture-based management--
``(i) adopting pasture-based management;
``(ii) converting a non-pasture dairy or
livestock operation to pasture-based
management;
``(iii) increasing the amount of time
livestock spend at pasture at an existing
pasture operation; or
``(iv) improving pasture-based management,
including transitioning to management-intensive
rotational grazing, as defined in section
1240L(d).
``(B) Adopting alternative manure treatment and
storage practices, including--
``(i) the installation of a compost-bedded
pack barn that composts manure;
``(ii) the installation of a slatted floor
pit storage manure collection that is cleaned
out at least once a month; or
``(iii) other similar practices, as
determined by the Secretary.
``(C) Adopting a solid separation system--
``(i) or--
``(I) installing a new solid
separation system that has a
significantly higher separation
efficiency than any existing solid
separation system; or
``(II) developing or retrofitting a
manure management system that primarily
avoids wet handling infrastructure; and
``(ii) in conjunction with one or more of
the following management measures:
``(I) Open solar drying or
composting of manure onsite.
``(II) Solar drying in an enclosed
environment.
``(III) Forced evaporation with
natural-gas fueled dryers.
``(IV) Storage of manure in
unconfined piles or stacks.
``(V) Composting in an enclosed
vessel, with forced aeration and
continuous mixing.
``(VI) Composting in piles with
forced aeration without mixing.
``(VII) Composting in intensive
windrows with regular turning for
mixing and aeration.
``(VIII) Composting in passive
windrows with infrequent turning for
mixing and aeration.
``(IX) Vermiculture or
Vermifiltration.
``(X) Other similar management
measures, as determined by the
Secretary.
``(D) Adopting scrape technologies, including
vacuum technologies, in conjunction with one of the
management measures listed in subclauses (I) through
(IX) of subparagraph (C)(ii).
``(3) Duties of eligible producers under contract.--To
receive payments under the alternative manure management
program, an eligible producer shall--
``(A) implement one or more covered management
measures;
``(B) supply information as required by the
Secretary to determine compliance with the requirements
of the alternative manure management program; and
``(C) comply with such additional provisions as the
Secretary determines are necessary to carry out the
alternative manure management program.
``(g) Payments to Eligible Producers.--
``(1) In general.--During the fiscal years 2024 through
2029, the Secretary shall provide payments to eligible
producers that enter into contracts with the Secretary under
the alternative manure management program.
``(2) Availability of payments.--Payments provided to an
eligible producer under this section may be used to implement
one or more covered management measures.
``(3) Cost-sharing.--
``(A) Federal share.--The Federal share of the
costs associated with planning, design, materials,
equipment, installation, labor, management,
maintenance, and training related to implementing a
covered management measure under the alternative manure
management program shall not exceed 90 percent.
``(B) Non-federal share.--The non-Federal share of
the costs described in subparagraph (A) may include in-
kind contributions from eligible producers that enter
into a contract under the alternative manure management
program.
``(4) Limitation on payments.--A person or legal entity
(including a joint venture and a general partnership) may not
receive, directly or indirectly, payments under the alternative
manure management program that exceed $825,000 during any 5-
year period.
``(5) Advanced payments.--The Secretary shall provide at
least 50 percent of the amount of total payments to an eligible
producer in advance for all costs related to--
``(A) purchasing or contracting materials and
equipment; or
``(B) any technical assistance provided by the
Secretary.
``(h) Modification or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with an
eligible producer under the alternative manure management
program if--
``(A) such eligible producer agrees to such
modification or termination; and
``(B) the Secretary determines that such
modification or termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate
a contract under the alternative manure management program if
the Secretary determines that an eligible producer violated
such contract.
``(i) Duties of the Secretary.--The Secretary shall--
``(1) determine and publish factors for estimating the
carbon sequestrations and greenhouse gas emissions reductions
for each covered management measure, including the management
measures listed in subclauses (I) through (IX) in subsection
(f)(2)(C)(ii);
``(2) assist an eligible producer in achieving the carbon
sequestration, greenhouse gas emissions reduction, and other
environmental and public health goals of the alternative manure
management program by--
``(A) providing payments for developing and
implementing one or more covered management measures,
as appropriate; and
``(B) providing such eligible producer with
information, technical assistance, and training to aid
in implementation of the covered management measures;
and
``(3) review the adequacy of existing conservation practice
standards for supporting the covered management measures and,
if necessary--
``(A) revise existing conservation practice
standards; and
``(B) develop new conservation practice standards.
``(j) Technical Assistance.--In providing technical assistance
under the alternative manure management program, the Secretary shall
apply the provisions in subsection (c) of section 1241 and section
1242, except that the Secretary shall--
``(1) apportion not more than 15 percent of the total
funding available for the alternative manure management program
for the provision of technical assistance; and
``(2) enter into cooperative agreements with third-party
providers with relevant expertise in the covered management
measures to ensure adequate technical services are available to
alternative manure management program applicants.
``(k) Funding.--
``(1) In general.--The Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation
to carry out the alternative manure management program
(including the provision of technical assistance described in
subsection (i)) using $1,500,000,000 for the period of fiscal
years 2024 through 2028.
``(2) Reservation of funds.--The Secretary shall reserve a
majority of the funds made available by paragraph (1) for --
``(A) beginning farmers or ranchers;
``(B) limited resource farmers and ranchers;
``(C) socially disadvantaged farmers and ranchers;
and
``(D) farmers and ranchers that continue to
transition towards enhanced methods of sequestering
carbon dioxide, methane, or nitrous oxide emissions.''.
SEC. 3. ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM.
Section 1201(a) of the Food Security Act of 1985 (16 U.S.C.
3801(a)) is amended--
(1) by redesignating paragraphs (3) through (27) as
paragraphs (4) through (28), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Composting practice.--The term `composting practice'
means--
``(A) an activity (including an activity that does
not require the use of a composting facility) to
produce compost from organic waste that is--
``(i) generated on a farm; or
``(ii) brought to a farm from the nearby
community; and
``(B) the use and active management of compost on a
farm to improve water retention and soil health,
subject to the condition that such use shall be in
compliance with applicable Federal, State, and local
laws.''.
SEC. 4. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Section 1240A(6)(A)(ii) of the Food Security Act of 1985 (16 U.S.C.
3839aa-1(6)(A)(ii)) is amended by inserting ``and composting
practices'' before the semicolon.
SEC. 5. CONSERVATION STEWARDSHIP PROGRAM.
Section 1240I(2)(B)(i) of the Food Security Act of 1985 (16 U.S.C.
3839aa-21(2)(B)(i)) is amended by inserting ``and composting
practices'' after ``drainage management systems''.
SEC. 6. DELIVERY OF TECHNICAL ASSISTANCE.
Section 1242(h) of the Food Security Act of 1985 (16 U.S.C.
3842(h)) is amended by adding at the end the following:
``(5) Development of composting practice standard.--Not
later than one year after the date of enactment of this
paragraph, the Secretary shall--
``(A) conduct a review of the composting facilities
practice standard and the soil carbon amendment
practice standard to determine their adequacy in
advancing alternative manure management and on-farm
composting generation and utilization; and
``(B) develop and implement a new conservation
practice standard for the on-farm production of
compost.''.
<all>