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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5176 Introduced in Senate (IS)]

<DOC>

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.''.
                                 <all>
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