[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5176 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5176
To amend the Food Security Act of 1985 to direct the Secretary of
Agriculture to provide grants to producers to carry out climate-smart
conversion projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to direct the Secretary of
Agriculture to provide grants to producers to carry out climate-smart
conversion projects, 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 ``Industrial Agriculture Conversion
Act of 2024''.
SEC. 2. CLIMATE-SMART CONVERSION GRANTS.
Subchapter A of chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended by adding at
the end the following:
``SEC. 1240H-1. CLIMATE-SMART CONVERSION GRANTS.
``(a) Definitions.--In this section:
``(1) Animal feeding operation.--The term `animal feeding
operation' means a lot or facility at which--
``(A) for not less than a total of 45 days in any
12-month period, animals (other than aquatic animals)
are--
``(i) stabled or confined; and
``(ii) fed or maintained; and
``(B) crops, vegetation, forage growth, or
postharvest residues are not sustained in the normal
growing season over any portion of the lot or facility.
``(2) Climate-smart conversion project.--The term `climate-
smart conversion project' means a climate-smart conversion
project described in subsection (d).
``(3) Eligible entity.--The term `eligible entity' means a
producer or non-Federal entity that--
``(A) has control of the land that is the subject
of a grant provided under this section; and
``(B) owns or operates a medium concentrated animal
feeding operation or large concentrated animal feeding
operation that--
``(i) is in operation for livestock or
poultry production at the time of submission of
an application for a grant under this section;
or
``(ii) was in operation for livestock or
poultry production not more than 1 year prior
to the time of submission of such an
application.
``(4) Large concentrated animal feeding operation.--The
term `large concentrated animal feeding operation' means an
animal feeding operation at which are present not less than--
``(A) 700 mature dairy cows, milked or dry;
``(B) 1,000 veal calves;
``(C) 1,000 cattle (including heifers, steers,
bulls, cows, and calves) other than mature dairy cows
or veal calves;
``(D) 2,500 swine, each weighing not less than 55
pounds;
``(E) 10,000 swine, each weighing less than 55
pounds;
``(F) 500 horses;
``(G) 10,000 sheep or lambs;
``(H) 55,000 turkeys;
``(I) in the case of an animal feeding operation
that uses a liquid manure handling system--
``(i) 30,000 laying hens or broilers; or
``(ii) 5,000 ducks; or
``(J) in the case of an animal feeding operation
that uses a system other than a liquid manure handling
system--
``(i) 125,000 chickens (other than laying
hens);
``(ii) 82,000 laying hens; or
``(iii) 30,000 ducks.
``(5) Medium concentrated animal feeding operation.--The
term `medium concentrated animal feeding operation' means an
animal feeding operation at which--
``(A) are present--
``(i) not less than 200 and not more than
699 mature dairy cows, whether milked or dry;
``(ii) not less than 300 and not more than
999 veal calves;
``(iii) not less than 300 and not more than
999 cattle (including heifers, steers, bulls,
cows, and calves) other than mature dairy cows
or veal calves;
``(iv) not less than 750 and not more than
2,499 swine, each weighing not less than 55
pounds;
``(v) not less than 3,000 and not more than
9,999 swine, each weighing less than 55 pounds;
``(vi) not less than 150 and not more than
499 horses;
``(vii) not less than 3,000 and not more
than 9,999 sheep or lambs;
``(viii) not less than 16,500 and not more
than 54,999 turkeys;
``(ix) in the case of an animal feeding
operation that uses a liquid manure handling
system--
``(I) not less than 9,000 and not
more than 29,999 laying hens or
broilers; or
``(II) not less than 1,500 and not
more than 4,999 ducks; or
``(x) in the case of an animal feeding
operation that uses a system other than a
liquid manure handling system--
``(I) not less than 37,500 and not
more than 124,999 chickens (other than
laying hens);
``(II) not less than 25,000 and not
more than 81,999 laying hens; or
``(III) not less than 10,000 and
not more than 29,999 ducks; and
``(B) pollutants are discharged--
``(i) into waters of the United States
through a man-made ditch, flushing system, or
other similar man-made device; or
``(ii) directly into waters of the United
States that originate outside of and pass over,
across, or through the animal feeding operation
or otherwise come into direct contact with the
animals confined in the animal feeding
operation.
``(b) Grants.--Using the amounts made available by subsection (h),
the Secretary shall provide grants to eligible entities to carry out
climate-smart conversion projects in accordance with this section.
``(c) Grant Application.--
``(1) Duty of secretary.--Not later than 180 days after the
date of enactment of this section, and annually thereafter, the
Secretary shall publish detailed guidelines on how to apply for
a grant under this section.
``(2) Contents.--An eligible entity seeking a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information,
including a proposal for a climate-smart conversion project, as
are described in the detailed guidelines published under
paragraph (1).
``(d) Climate-Smart Conversion Projects.--
``(1) In general.--An eligible entity that receives a grant
under this section shall carry out a climate-smart conversion
project that converts an existing medium concentrated animal
feeding operation or large concentrated animal feeding
operation into a climate-smart facility by making 1 or more of
the following beneficial, on-farm infrastructure improvements:
``(A) Improvements related to providing animals
with access to the outdoors or pasture, including
purchasing, integrating, or constructing--
``(i) fencing and mobile or permanent
housing or shelter;
``(ii) enrichment materials for use in
indoor shelters;
``(iii) hedgerow and ecosystem enhancement
planting and design;
``(iv) drought-resistant grasses; or
``(v) water lines and irrigation structures
for watering outdoor animals.
``(B) Improvements related to converting to
specialty crop or organic production, including--
``(i) purchasing--
``(I) seeds and starts;
``(II) compost and compost
structure supplies;
``(III) propagation supplies; and
``(IV) soil remediation tools,
including off-the-ground raised beds,
portable pots, or other converted
structures; and
``(ii) establishing or repurposing existing
structures or constructing high tunnels or
similar protected-environment planting
structures.
``(2) Exclusions.--An eligible entity shall not use a grant
provided under this section to construct, through a climate-
smart conversion project--
``(A) an animal mortality facility;
``(B) a manure lagoon or other liquid waste storage
or treatment facility; or
``(C) a manure methane digester system.
``(3) Requirement.--As a condition of receiving a grant
under this section, not later than 180 days after the date on
which the eligible entity receives the grant, the eligible
entity shall permanently cease any operation of the medium
concentrated animal feeding operation or large concentrated
animal feeding operation described in subsection (a)(3)(B)
where animals are confined entirely indoors on the land and
facilities that are the subject of the grant.
``(e) Grant Amounts.--
``(1) Federal share.--The Federal share of a grant provided
to an eligible entity under this section shall not exceed 90
percent of the total cost of the applicable climate-smart
conversion project.
``(2) Non-federal share.--An eligible entity that receives
a grant under this section shall provide non-Federal funding,
in the form of direct funding or in-kind contributions, equal
to not less than 10 percent of the total cost of the applicable
climate-smart conversion project.
``(3) Lower cost-share requirements for certain eligible
entities.--Notwithstanding paragraphs (1) and (2), the
Secretary may reduce the amount that would otherwise be
required to be provided by an eligible entity under those
paragraphs in the case of an eligible entity who is a socially
disadvantaged farmer or rancher (as defined in section 2501(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(a))) carrying out the applicable climate-smart
conversion project with the assistance of--
``(A) a community-based organization composed of,
representing, or exclusively working with historically
underserved producers; or
``(B) a land grant institution, Hispanic-serving
institution, or other minority-serving institution,
such as a historically Black college or university, a
Tribally controlled college or university, or an Asian
American and Pacific Islander-serving institution.
``(f) Grant Term.--The term of a grant provided under this section
shall not exceed 3 years.
``(g) Undue or Unreasonable Prejudice or Disadvantage.--Any refusal
by a packer (as defined in section 201 of the Packers and Stockyards
Act, 1921 (7 U.S.C. 191)), to purchase livestock or poultry from an
entity on account of that entity having applied for or carried out a
climate-smart conversion project under this section shall be considered
an undue or unreasonable prejudice or disadvantage under section 202(b)
of that Act (7 U.S.C. 192(b)) and in violation of that Act (7 U.S.C.
191 et seq.).
``(h) Funding.--The Secretary shall use to provide grants under
subsection (b) amounts appropriated to carry out this subchapter by
section 21001(a)(1) of Public Law 117-169 (136 Stat. 2015) that remain
unobligated as of the date of enactment of this section.''.
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