Agriculture Resilience Act of 2021

To address the impact of climate change on agriculture, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Agriculture Resilience Act of 2021 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—National Goals Sec. 101. National goals. Sec. 102. Action plan. TITLE II—Research Sec. 201. Research, extension, and education purpose. Sec. 202. Regional hubs for risk adaptation and mitigation to climate change. Sec. 203. Sustainable agriculture research and education resilience initiative. Sec. 204. Sustainable agriculture technology development and transfer program. Sec. 205. Long-Term Agroecological Network. Sec. 206. Public breed and cultivar research. Sec. 207. ARS Climate Scientist Career Development Program. Sec. 208. Agricultural Climate Adaptation and Mitigation through AFRI. Sec. 209. Specialty crop research initiative. Sec. 210. Integrated pest management. Sec. 211. National Academy of Sciences study. Sec. 212. Appropriate technology transfer for rural areas program. TITLE III—Soil Health Sec. 301. Crop insurance. Sec. 302. Environmental quality incentives program. Sec. 303. Conservation stewardship program. Sec. 304. State assistance for soil health. Sec. 305. Funding and administration. Sec. 306. Study and report on feasibility of agricultural carbon capture tax credit. Sec. 307. Conservation compliance. Sec. 308. National and regional agroforestry centers. TITLE IV—Farmland Preservation and Farm Viability Sec. 401. Local Agriculture Market Program. Sec. 402. National organic certification cost-share program. Sec. 403. Exclusion of gain from sale of certain farm property and agricultural easements. Sec. 404. Farmland Protection Policy Act. Sec. 405. Agricultural conservation easement program. TITLE V—Pasture-Based Livestock Sec. 501. Animal raising claims. Sec. 502. Processing resilience grant program. Sec. 503. Conservation of private grazing land. Sec. 504. Conservation reserve program. Sec. 505. Alternative Manure Management Program. TITLE VI—On-Farm Renewable Energy Sec. 601. Rural Energy For America Program. Sec. 602. Study on dual-use renewable energy systems. Sec. 603. AgSTAR program. TITLE VII—Food Loss and Waste Subtitle A—Food Date Labeling Sec. 701. Definitions. Sec. 702. Quality dates and discard dates. Sec. 703. Misbranding. Sec. 704. Regulations. Sec. 705. Delayed applicability. Subtitle B—Other Provisions Sec. 711. Composting as conservation practice. Sec. 712. Amendments to Federal Food Donation Act. Sec. 713. Grants for composting and anaerobic digestion food waste-to-energy projects. Sec. 714. School food waste reduction grant program. 2. Definition of Secretary In this Act, the term Secretary I National Goals 101. National goals (a) Purpose The purpose of the goals established under this title is to prevent climate change from exceeding 1.5 degrees Celsius of warming above preindustrial levels through a national greenhouse gas emission reduction effort. (b) National goals The national goals for the agricultural sector shall be to achieve— (1) not less than a 50 percent reduction in net greenhouse gas emissions, as compared to those levels during calendar year 2010, by not later than December 31, 2030; and (2) net zero emissions by not later than December 31, 2040. (c) Subgoals To achieve the national goals described in subsection (b), there are established the following subgoals: (1) Research The total Federal investment in public food and agriculture research and extension should— (A) at a minimum, as compared to that total Federal investment for fiscal year 2021— (i) triple by not later than December 31, 2030; and (ii) quadruple by not later than December 31, 2040; and (B) strongly focus on climate change adaptation and mitigation, soil health and carbon sequestration, nutrient and manure management to curb nitrous oxide and methane emissions, agroforestry, advanced grazing management and crop-livestock integration, other agro-ecological systems, on-farm and food system energy efficiency and renewable energy production, farmland preservation and viability, food waste reduction, and any other related areas, as determined by the Secretary. (2) Soil health The United States should— (A) immediately become a member of the Partners Forum and the Consortium of the 4 per 1000 Initiative, hosted by the Consultative Group for International Agricultural Research, with the aim of increasing total soil carbon stocks by 0.4 percent annually to reduce carbon in the atmosphere, restore soil health and productivity, and thereby improve food security; (B) sufficiently expand adoption of soil health practices (including diverse crop rotations, cover cropping, conservation tillage, perennial crop production systems, agroforestry, composting, biologically based nutrient management, and advanced grazing management, including silvopasture)— (i) to reduce nitrous oxide emissions from agricultural soils, as compared to those levels during calendar year 2021— (I) by 25 percent by not later than December 31, 2030; and (II) by 75 percent by not later than December 31, 2040; (ii) to increase soil carbon stocks by 0.4 percent annually on at least 50 percent of agricultural land by not later than December 31, 2030; and (iii) to meet or exceed the threshold described in clause (ii) on all agricultural land by not later than December 31, 2040; (C) expand implementation of regionally appropriate cover crops and other continual living cover so that— (i) at least 50 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2030; (ii) at least 75 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2040; (iii) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 75 percent of each calendar year by not later than December 31, 2030; and (iv) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 85 percent of each calendar year by not later than December 31, 2040; and (D) encourage conversion of at least— (i) 15 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2030; and (ii) 30 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2040. (3) Farmland preservation (A) 2030 goal The rate of conversion of agricultural land to development, and the rate of conversion of grassland to cropping, should be reduced by at least 80 percent, as compared to those rates for calendar year 2021 by not later than December 31, 2030. (B) 2040 goal There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. (4) Pasture-based livestock The livestock sector should— (A) establish advanced grazing management, including management-intensive rotational grazing, on at least— (i) 50 percent of all grazing land by not later than December 31, 2030; and (ii) 100 percent of all grazing land by not later than December 31, 2040; (B) reduce greenhouse gas emissions related to feeding of ruminants by— (i) at least— (I) 1/3 (II) 1/2 (ii) reducing nongrazing feeding of ruminants, growing feed grains and forages with soil health and nutrient management practices that minimize net greenhouse gas emissions from cropland, and designing livestock feed mixtures and supplements to mitigate enteric methane emissions; (C) re-integrate livestock and crop production systems at farm, local, and regional levels to facilitate environmentally sound management and field application of manure and reduce the need for long-term manure storage by increasing acreage on individual farms under crop-livestock integrated management by at least— (i) 100 percent as compared to calendar year 2017 levels by not later than December 31, 2030; and (ii) 300 percent as compared to calendar year 2017 levels by not later than December 31, 2040; and (D) (i) immediately cease building any new or expanded waste lagoons for confined animal feeding operations; and (ii) convert— (I) by not later than December 31, 2030, at least 1/3 (II) by not later than December 31, 2040, at least 2/3 (5) On-farm renewable energy The agricultural sector should— (A) implement energy audits and energy efficiency improvements on at least— (i) 50 percent of farms by not later than December 31, 2030; and (ii) 100 percent of farms by not later than December 31, 2040; (B) expand on-farm clean renewable energy production to a level that is at least— (i) double the 2017 level by not later than December 31, 2030; and (ii) triple the 2017 level by not later than December 31, 2040; and (C) install and manage on-farm renewable energy infrastructure in a manner that does not— (i) compromise the climate resilience and greenhouse gas mitigation goals of this Act; or (ii) adversely impact farmland, soil, and water resources, or food production. (6) Food loss and waste Consistent with the Food Waste Challenge launched by the Department of Agriculture and the Environmental Protection Agency in June 2013, and the national food loss and waste goal announced in September 2015, the food and agricultural sector should commit to— (A) at least a 50 percent reduction in food loss and waste by not later than December 31, 2030; (B) at least a 75 percent reduction in food loss and waste by not later than December 31, 2040; and (C) in a manner consistent with the Food Recovery Hierarchy established by the Environmental Protection Agency, diverting from landfills through composting and other means at least— (i) 50 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2030; and (ii) 90 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2040. 102. Action plan (a) In general The Secretary shall— (1) develop a plan (referred to in this section as the plan (2) make the plan available for public comment for a period of not less than 90 days. (b) Actions Actions under the plan shall— (1) include issuing regulations, providing incentives, carrying out research and development programs, and any other actions the Secretary determines are necessary to achieve the national goals described in section 101; and (2) be designed— (A) to fully implement the provisions of this Act and the amendments made by this Act; (B) to provide benefits for farmers and ranchers, rural communities, small businesses, and consumers; (C) to improve public health, resilience, and environmental outcomes, especially for rural and low-income households, communities of color, Tribal and indigenous communities, and communities that are disproportionately vulnerable to the impacts of climate change, air and water pollution, and other resource degradation; and (D) to prioritize investments that reduce emissions of greenhouse gases and sequester carbon while simultaneously helping to solve other pressing agro-environmental resource concerns, increase farming and ranching opportunities, create quality jobs, improve farmworker working conditions and living standards, and make communities more resilient to the effects of climate change. (c) Final plan Not later than 18 months after the date of enactment of this Act, the Secretary shall— (1) finalize the plan, taking into account any public comments received on the plan; (2) begin implementation of the plan; and (3) submit the plan to Congress. (d) Updates Beginning 2 years after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and not less frequently than biennially thereafter, the Secretary shall— (1) review and revise the plan to ensure that the plan is sufficient to achieve the national goals described in section 101; and (2) submit the revised plan to Congress. (e) Annual report Not later than 1 year after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and annually thereafter, the Secretary shall submit to Congress, and make publicly available, an annual report that describes, for the period covered by the report— (1) actions taken pursuant to the plan and the effects of those actions; (2) the conclusion of the most recent review of the plan conducted under subsection (d), if applicable; and (3) a summary of any revisions made to the plan under that subsection. II Research 201. Research, extension, and education purpose Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3101 (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following: (8) accelerate the ability of agriculture and the food system of the United States to first achieve net-zero carbon emissions and then be carbon positive by removing additional carbon dioxide from the atmosphere; . 202. Regional hubs for risk adaptation and mitigation to climate change Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 ( 7 U.S.C. 7624 401. Regional hubs for risk adaptation and mitigation to climate change (a) Establishment The Secretary shall establish a national network of regional hubs for risk adaptation and mitigation to climate change to provide to farmers, ranchers, forest landowners, and other agricultural and natural resource managers— (1) science-based, region-specific, cost-effective, and practical information and program support for science-informed decisionmaking in light of the increased costs, opportunities, risks, and vulnerabilities associated with a changing climate; and (2) access to assistance to implement that decisionmaking. (b) Eligibility An entity shall be eligible to be selected as a regional hub under subsection (a) if the entity is any office of the Agricultural Research Service, the Forest Service, or any other agency of the Department of Agriculture that the Secretary determines to be appropriate. (c) Administration (1) In general The network established under subsection (a) shall be designated and administered jointly by the Agricultural Research Service and the Forest Service, in partnership with other Federal agencies, including the following: (A) Within the Department of Agriculture, the following agencies: (i) The Natural Resources Conservation Service. (ii) The Farm Service Agency. (iii) The Risk Management Agency. (iv) The Animal and Plant Health Inspection Service. (v) The National Institute of Food and Agriculture. (B) The Department of the Interior. (C) The Department of Energy. (D) The Environmental Protection Agency. (E) The United States Geological Survey. (F) National Oceanic and Atmospheric Administration. (G) National Aeronautics and Space Administration. (H) Such other Federal agencies as the Secretary determines to be appropriate. (2) Partners The regional hubs established under subsection (a) shall work in close partnership with other stakeholders and partners, including— (A) colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 (B) cooperative extension services (as defined in that section); (C) State agricultural experiment stations (as defined in that section); (D) private entities; (E) State, local, and regional governments; (F) Indian Tribes; (G) agriculture and commodity organizations; (H) nonprofit and community-based organizations; and (I) other partners, as determined by the Secretary. (d) Responsibilities A regional hub established under subsection (a) shall— (1) offer tools, strategic management options, and technical support to farmers, ranchers, and forest landowners to help those farmers, ranchers, and forest landowners mitigate and adapt to climate change; (2) direct farmers, ranchers, and forest landowners to Federal agencies that can provide program support to enable those farmers, ranchers, and forest landowners to implement science-informed management practices that address climate change; (3) determine how climate and weather projections will impact the agricultural and forestry sectors; (4) provide periodic regional assessments of risk and vulnerability in the agricultural and forestry sectors— (A) to help farmers, ranchers, and forest landowners better understand the potential direct and indirect impacts of climate change; and (B) to inform the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 ( 15 U.S.C. 2933 (5) provide to farmers, ranchers, forest landowners, and rural communities outreach, education, and extension on science-based risk management through partnerships with the land-grant colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 (6) work with any cooperative extension services (as defined in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 (7) establish, in partnership with programs and projects carried out under subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5801 (e) Priorities A regional hub established under subsection (a) shall prioritize research and data collection activities in the following areas: (1) Improved measurement and monitoring of— (A) soil organic carbon sequestration; and (B) total net greenhouse gas impacts of different farming systems and practices. (2) Lifecycle analysis for total net greenhouse gas emissions related to— (A) alternative cropping systems; (B) alternative livestock production systems; (C) integrated cropping-livestock systems; (D) alternative biofuel crop production systems and biofuel end uses; (E) alternative agroforestry practices and systems; and (F) alternative forestry management systems. (3) Research and education on— (A) optimal soil health practices; (B) advanced biological nutrient management based on optimal soil health practices; (C) enhanced synergies between crop roots and soil biota; (D) linkages between soil, plant, animal, and human health; (E) adaption and mitigation needs of stakeholders; (F) new crops or new varieties to help producers be profitable while adapting to a changing climate; (G) social and economic barriers to stakeholder adoption of new practices that improve adaptation, mitigation, and soil sequestration; and (H) evaluation and assessment of climate-related decision tools of the Department of Agriculture. (4) Grazing-based livestock management systems to optimize the net greenhouse gas footprint, including— (A) grazing land carbon sequestration; and (B) mitigation of enteric methane. (5) Perennial production systems that sequester carbon, enhance soil health, and increase resilience, including— (A) perennial forages; (B) perennial grains; and (C) agroforestry. (f) Stakeholder input Each regional hub established under subsection (a)— (1) shall solicit input from stakeholders on pressing needs, important issues, and outreach strategies through a variety of mechanisms, including regional stakeholder committees; and (2) may partner with stakeholders in conducting research and developing tools. (g) Risk management (1) In general The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for— (A) climate risk in actuarial tables; and (B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 (2) Submission of recommendations The team appointed under paragraph (1) shall submit to the Secretary, on an iterative basis, but not less frequently than once every 2 years, the recommendations developed by the team under that paragraph. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. . 203. Sustainable agriculture research and education resilience initiative (a) Sustainable agriculture research and education Section 1619 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5801 (1) in subsection (a)— (A) in paragraph (5), by striking and (B) in paragraph (6), by striking the period at the end and inserting ; and (C) by adding at the end the following: (7) increase resilience in the context of a changing climate and related economic, social, and environmental shocks. ; and (2) in subsection (b)— (A) in paragraph (2)— (i) by striking integrated crop management integrated crop and livestock management system or practice (ii) by inserting resilience, profitability, (B) by striking paragraph (3) and inserting the following: (3) The term resilience . (b) Eligibility of Tribal colleges to enter into research and extension project agreements Section 1621(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5811(b) or Federal or State 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 (c) Agricultural and food system resilience initiative (1) In general Section 1627 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5821 (A) in the section heading, by striking Integrated management systems Agricultural and food system resilience initiative (B) in subsection (a)— (i) by striking paragraph (3); (ii) by redesignating paragraphs (1), (2), (4), and (5) as subparagraphs (C), (D), (E), and (F), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (C) (as so redesignated), by striking the first sentence and all that follows through program (1) In general In close conjunction with programs and projects established under sections 1621 and 1623, the Secretary shall establish a research, education, extension, and outreach initiative, which may include farmer and rancher research and demonstration grants, and use an interdisciplinary approach wherever appropriate, to increase the resilience of agriculture and the food system in the context of a changing climate and related economic, social, and environmental shocks. (2) Purposes The purposes of the initiative established under paragraph (1) ; and (iv) in paragraph (2) (as so designated)— (I) by inserting before subparagraph (C) (as so redesignated) the following: (A) to equip farmers to prepare, adapt, and transform the farming systems of the farmers when confronted by shocks and stresses to the agricultural production and livelihoods of the farmers; (B) to support local and regional food systems that support resilience and enhance local access and control over productive resources; ; (II) in subparagraph (C) (as so redesignated)— (aa) by striking practices and systems systems and practices (bb) by inserting climate and adverse (cc) by inserting soil quality and enhance (dd) by inserting reduce dependency on fossil fuels, inputs, (III) in subparagraph (D) (as so redesignated), by inserting increase resilience and practices to (IV) in subparagraph (E) (as so redesignated), by inserting and practices systems (V) in subparagraph (F) (as so redesignated), by striking integrated programs policies and programs to improve food and agricultural system resilience (C) by striking subsections (b), (c), and (d) and inserting the following: (b) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for fiscal year 2022 and each fiscal year thereafter. (2) Discretionary funding There is authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2022 through 2030. . (2) Conforming amendment The chapter heading of chapter 2 of subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5821 Agricultural and food system resilience initiative 204. Sustainable agriculture technology development and transfer program (a) Technical guides and books Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5831 (1) in subsection (d)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: (3) adapting to and mitigating the effects of climate change; ; and (2) in subsection (e), by striking Soil Conservation Natural Resources Conservation (b) National training program Section 1629 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5832 (1) in subsection (g)— (A) in paragraph (5), by striking Soil Conservation Service and the Agricultural Stabilization and Conservation Service Natural Resources Conservation Service and the Farm Service Agency (B) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and (C) by inserting after paragraph (9) the following: (10) develop and provide information concerning climate change adaptation and mitigation developed under this subtitle and other research and education programs of the Department; ; (2) in subsection (h), by striking Soil Conservation Service Natural Resources Conservation Service (3) in subsection (i), by striking 2023 2021, and $30,000,000 for each of fiscal years 2022 through 2030 205. Long-Term Agroecological Network Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7624 402. Long-Term Agroecological Network (a) In general (1) Establishment The Secretary, acting through the Administrator of the Agricultural Research Service, shall provide for the establishment and maintenance of a network of research sites operated by the Agricultural Research Service for research on the sustainability of agricultural systems in the United States, to be known as the Long-Term Agroecological Research Network Network (2) Goals The Network shall have the following goals: (A) To understand and enhance the sustainability of agriculture. (B) To integrate research projects with common measurements on multiple agroecosystems, such as cropland, rangeland, and pastureland. (C) To develop new farming systems, practices, and technologies to address agricultural challenges and opportunities, including challenges and opportunities posed by climate change. (b) Activities described The activities of the Network shall include— (1) research conducted for a minimum of 30 years to develop novel scientific insights at regional and national scales and evaluate the applicability of and adaptation to local conditions; (2) the establishment and maintenance of multiple sites or research centers that capture the diversity of agricultural production systems that function as a network; and (3) the coordination of large-scale data collection relating to the sustainability of agricultural systems and the provision of infrastructure to research sites to allow for analyzing and disseminating that data. (c) Coordination of research The Secretary shall, in carrying out subsection (a)— (1) coordinate long-term agroecological research to improve understanding within the Department of how agroecosystems function at the field, regional, and national scales; (2) designate research sites for inclusion in the Network that are representative of major agricultural regions; (3) ensure that each research site included in the Network conducts experiments with common goals and methods— (A) to increase agricultural productivity and profitability; (B) to enhance agricultural resilience and the capacity to mitigate and adapt to climate change; (C) to boost the provision of ecosystem services from agricultural landscapes; and (D) to improve opportunities for rural communities; (4) make data collected at research sites included in the Network open to researchers and the public whenever practicable, and integrate data across the network and partner sites; and (5) provide infrastructure to research sites included in the Network for data collection, common measurements, and data streams that complement other national networks, such as the National Ecological Observatory Network and the Long-Term Ecological Research network. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. . 206. Public breed and cultivar research (a) In general The Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157 (1) in subsection (a), by adding at the end the following: (3) Definitions In this section: (A) Conventional breeding The term conventional breeding (B) Cultivar The term cultivar (C) Public breed and cultivar The term public breed and cultivar (i) that is the commercially available end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance; and (ii) for which the rights of farmers to save and use, and rights of breeders to share and improve, are protected. ; and (2) by adding at the end the following: (l) Public breed and cultivar development funding (1) In general Of the amount of grants made under subsections (b) and (c), the Secretary shall ensure that not less than the following amounts are used for competitive research grants that support the development of public breeds and cultivars: (A) $50,000,000 for fiscal year 2022. (B) $60,000,000 for fiscal year 2023. (C) $70,000,000 for fiscal year 2024. (D) $80,000,000 for fiscal year 2025. (E) $90,000,000 for fiscal year 2026. (F) $100,000,000 for each of the fiscal years 2027 through 2030. (2) Priority In making grants for the purpose described in paragraph (1), the Secretary shall give priority to high-potential research projects that lead to the release of public breeds and cultivars that assist producers in mitigating and adapting to climate change. (3) Grants The Secretary shall ensure that— (A) the term of any competitive grant made under subsection (b) for the purpose described in paragraph (1) is not less than 5 years; (B) that term and any associated renewal process facilitates the development and commercialization of public breeds and cultivars through long-term grants; and (C) when necessary, Tribal consultation occurs to ensure public breed and cultivar development does not infringe on the abilities of Tribes to maintain culturally sensitive breeds and cultivars. . (b) Public breed and cultivar research activities coordinator (1) In general Section 251 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971 (A) in subsection (e), by adding at the end the following: (7) Public breed and cultivar research activities coordinator (A) In general The Under Secretary shall appoint a coordinator within the Office of the Chief Scientist that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public breeds and cultivars (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(a) (B) Duties of Coordinator The coordinator appointed under subparagraph (A) shall— (i) coordinate animal and plant breeding research activities funded by the Department relating to the development and delivery to producers of climate resilient and regionally adapted public breeds and crop cultivars; (ii) (I) carry out ongoing analysis and track activities for any Federal research funding supporting animal and plant breeding (including any public breeds and cultivars developed with Federal funds); and (II) ensure that the analysis and activities are made available to the public not later than 60 days after the last day of each fiscal year; (iii) develop a strategic plan that establishes targets for public breed and cultivar research investments across the Department to ensure that a diverse range of animal and crop needs are being met in a timely and transparent manner, with a strong focus on delivery of resource-efficient, stress-tolerant, regionally adapted animal breeds and crop cultivars that— (I) help build agricultural resilience to climate change; and (II) support on-farm carbon sequestration and greenhouse gas mitigation, nutritional quality, and other farmer-identified priority agronomic and market traits; (iv) convene a working group to carry out the coordination functions described in this subparagraph composed of individuals who are responsible for the management, administration, or analysis of public breeding programs within the Department from— (I) the National Institute of Food and Agriculture; (II) the Agricultural Research Service; and (III) the Economic Research Service; (v) to maximize delivery of public breeds and cultivars, promote collaboration among— (I) the coordinator; (II) the working group convened under clause (iv); (III) the advisory council established under section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5843 (IV) genetic resource conservation centers; (V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) (VII) Native American-serving nontribal institutions (as defined in section 371(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(c) (VIII) Tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (IX) nongovernmental organizations with interest or expertise in public breeding; and (X) public and private plant breeders; (vi) convene regular stakeholder listening sessions to provide input on national and regional priorities for public breed and cultivar research activities across the Department; and (vii) evaluate and make recommendations to the Under Secretary on training and resource needs to meet future breeding challenges, including the challenges stemming from climate change. ; and (B) in subsection (f)(1)(D)(i), by striking ( 7 U.S.C. 450i(b) ( 7 U.S.C. 3157(b) (2) Conforming amendment Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b)(6)(B) Scientist; and Scientist (including the public breed and cultivar research activities coordinator under subsection (e)(7) of that section); and (c) Public breed and cultivar development Subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5921 1681. Public breed and cultivar development (a) Funding The Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service (referred to in this section as the Secretary 7 U.S.C. 3157(a) (b) Priority In supporting research under subsection (a) using funds made available pursuant to subsection (d), the Secretary shall give priority to high-potential research projects that lead to the release of public breeds and cultivars that assist producers in mitigating and adapting to climate change. (c) Report Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public breed and cultivar research funded by the Agricultural Research Service and the National Institute of Food and Agriculture, including— (1) a list of public breeds and cultivars developed and released in a commercially available form; (2) areas of high-priority research; (3) identified research gaps relating to public breed and cultivar development, including newly emerging needs stemming from climate change; and (4) an assessment of the state of commercialization for breeds and cultivars that have been developed. (d) Funding Of the funds made available to the Secretary for a fiscal year, not less than $50,000,000 shall be made available to carry out this section. . 207. ARS Climate Scientist Career Development Program (a) In general The Secretary shall, in accordance with section 922 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 2279c (b) Funding Of the funds of the Commodity Credit Corporation, the Secretary may use to carry out the program described in subsection (a) not more than $10,000,000 for each of fiscal years 2022 through 2030. 208. Agricultural Climate Adaptation and Mitigation through AFRI Subsection (b)(2) of the Competitive, Special, and Facilities Grant Act ( 7 U.S.C. 3157(b)(2) (G) Agricultural climate adaptation and mitigation Agricultural climate adaptation and mitigation, including— (i) strategies for agricultural adaptation to climate change, including adaptation strategies for small and medium-sized dairy, livestock, crop, and other commodity operations; (ii) on-farm mitigation strategies and solutions, including infrastructure, equipment, and agricultural ecosystems-based strategies; (iii) the economic costs, benefits, effectiveness, and viability of producers adopting conservation practices and technologies designed to improve soil health, including carbon sequestration in soil; (iv) the effectiveness of existing conservation practices and enhancements to improve soil health, including the effectiveness in sequestering carbon in soil; (v) new technologies to measure and verify environmentally beneficial outcomes of healthy soils practices, including carbon sequestration in soil; and (vi) links between human health and soil health. . 209. Specialty crop research initiative Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632 (1) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting , multi-crop production systems, specific crops (B) in paragraph (4)(E), by striking and (C) in paragraph (5), by striking the period at the end and inserting ; and (D) by adding at the end the following: (6) efforts to mitigate and adapt to climate change, including— (A) on-farm mitigation strategies and solutions, including agricultural ecosystems-based strategies; (B) conservation practices and technologies designed to improve soil health, including practices and technologies that sequester carbon in soil; and (C) breeding research and cultivar development to help adapt to climate change. ; and (2) in subsection (g)(3)(A), by striking equal to not less than the amount of the grant in an amount that is equal to not less than 25 percent of the funds provided through the grant 210. Integrated pest management Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626 (1) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following: (d) Emphasis on climate resilience The Secretary shall ensure that grants made under this section are, where appropriate, consistent with the development of food and agricultural systems that improve climate resilience. (e) Ecologically based pest management The Secretary shall ensure that grants made under this section to support pest management prioritize ecologically based approaches that— (1) are effective, affordable, and environmentally sound; (2) maintain agricultural productivity and healthy communities; and (3) improve climate resilience. . 211. National Academy of Sciences study (a) Study The Secretary, in consultation with the Secretary of Health and Human Services, shall enter into an agreement with the National Academy of Sciences, under which the National Academy agrees to produce an analysis of current scientific findings to determine the links between human health and soil health by— (1) reviewing existing research on the connections between the human microbiome and soil microbiome; (2) identifying linkages between soil management practices and the nutrient density of foods for human consumption; (3) exploring the potential impact of increasing soil organic matter across the agricultural and food value chain; (4) determining how to best leverage healthy soil management practices to maximize benefits and minimize adverse impacts on human health; and (5) highlighting areas for future research. (b) Report The agreement under subsection (a) shall include a requirement that the National Academy of Sciences shall, not later than 2 years after the date of enactment of this Act, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the study conducted pursuant to subsection (a). 212. Appropriate technology transfer for rural areas program Section 310B(i)(2) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(i)(2) (1) in subparagraph (C), by striking and (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: (D) increase resilience by adapting to and mitigating the effects of climate change; and . III Soil Health 301. Crop insurance (a) Voluntary good farming practices Section 508(a)(3)(A)(iii) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(a)(3)(A)(iii) (1) by striking including scientifically including— (I) scientifically ; (2) in subclause (I) (as so designated), by striking the period at the end and inserting ; and (3) by adding at the end the following: (II) conservation practices and enhancements that are approved by— (aa) the Natural Resources Conservation Service; or (bb) an agricultural expert, as determined by the Secretary. . (b) Risk-Reduction-Based discounts Section 508(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d) (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Risk-reduction based discount (A) In general Effective beginning with the 2022 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). (B) Risk-reduction farming practices For purposes of subparagraph (A), a risk-reduction farming practice may include any of the following: (i) The use of a cover crop. (ii) A resource-conserving crop rotation. (iii) Management-intensive rotational grazing. (iv) Composting. (v) Any other risk-reducing and soil health-promoting farming practice, as determined by the Corporation. . (c) Crop production on native sod applicability (1) Application to certain States Section 508(o) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(o) (2) Effective date The amendment made by paragraph (1) shall take effect on the first day of the first reinsurance year that begins after the date that is 1 year after the date of enactment of this Act. 302. Environmental quality incentives program (a) Purposes Section 1240 of the Food Security Act of 1985 ( 16 U.S.C. 3839aa (1) in the matter preceding paragraph (1), by striking and environmental quality environmental quality, and climate change adaptation and mitigation (2) in paragraph (1)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by adding and (C) by adding at the end the following: (D) greenhouse gas emissions reduction and carbon sequestration; ; (3) in paragraph (3)(C), by inserting reducing greenhouse gas emissions and conserving energy (4) in paragraph (4), by inserting climate change and increasing weather volatility (b) Definitions Section 1240A(6)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(6)(B) (1) in clause (v), by striking and (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following: (vi) greenhouse gas emissions reduction planning; and . (c) Establishment and administration of environmental quality incentives program (1) Establishment Section 1240B(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(a) 2023 2030 (2) Payments Section 1240B(d)(7)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(7)(A) (A) in clause (iii), by striking ; or (B) in clause (iv), by striking the period at the end and inserting ; or (C) by adding at the end the following: (v) increases carbon sequestration or reduces greenhouse gas emissions. . (3) Allocation of funding Section 1240B(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(f) (A) by striking 2023 2030 (B) in paragraph (1), by striking including grazing management of which not less than 2/3 (C) in paragraph (2), in the heading of subparagraph (B), by striking 2023 2030 (4) Payments for conservation practices related to organic production Section 1240B(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(i) (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (5) Conservation incentive contracts Section 1240B(j) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(j) (A) in paragraph (1)— (i) in subparagraph (A), by inserting , which may include climate change adaptation and mitigation, priority resource concerns (ii) in subparagraph (B), by inserting , which may include climate change adaptation and mitigation (B) in paragraph (2)— (i) in subparagraph (A)(ii)— (I) in subclause (I), by striking or (II) in subclause (II), by striking the period at the end and inserting ; or (III) by adding at the end the following: (III) funding, through annual payments, for a suite of incentive practices that are appropriate for the region and land use and that best enhance soil health and carbon sequestration and reduce greenhouse gas emissions, as determined by the Secretary. ; and (ii) by striking subparagraph (B) and inserting the following: (B) Term (i) In general A contract under this subsection shall have a term of not less than 5, and not more than 10, years. (ii) Graduation option The Secretary may reduce the term for a contract under this subsection if the producer enters into a conservation stewardship contract under section 1240K with respect to the eligible land that is subject to the contract under this subsection. . (d) Environmental quality incentives plan Section 1240E(a)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–5(a)(3) , and a greenhouse gas emissions reduction plan if applicable (e) Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 Not including payments 2023 A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, cost-share or incentive payments under this subchapter that, in aggregate, exceed $450,000 for all contracts entered into under this subchapter by the person or legal entity during any 5-fiscal-year period (f) Conservation innovation grants (1) Air quality concerns from agricultural operations Section 1240H(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(b) (A) in paragraph (1)— (i) by striking practices to address The funds (i) to address air quality concerns from agricultural operations; and (ii) to meet Federal, State, and local— (I) regulatory requirements; and (II) goals with respect to greenhouse gas emissions reductions. (B) Basis of availability and use Funds for payments under subparagraph (A) ; and (ii) in the matter preceding clause (i) (as so designated), by striking The Secretary (A) In general The Secretary ; and (B) in paragraph (2), by striking 2019 through 2023 2019 through 2021, and $50,000,000 for each of fiscal years 2022 through 2030 (2) On-farm conservation innovation trials Section 1240H(c)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(c)(2) 2019 through 2023 2019 through 2021, $50,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2022 and 2023, and $100,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2024 through 2030 303. Conservation stewardship program (a) Definitions Section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 (1) in paragraph (2)— (A) in subparagraph (A), by inserting enhancements, practices, (B) in subparagraph (B)(v), by inserting and climate change (2) in paragraph (3)(C), by inserting maintained, actively implemented, (b) Conservation Stewardship Program Section 1240J(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–22(a) (1) in the matter preceding paragraph (1), by striking 2023 2030 (2) by striking paragraphs (1) and (2) and inserting the following: (1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and (2) by undertaking additional conservation activities. . (c) Stewardship contracts (1) Submission of contract offers Section 1240K(a)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(a)(2)(B) improving, maintaining, and managing maintaining, actively managing, and, where practicable, improving (2) Evaluation of contract offers Section 1240K(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b) (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: (iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that— (I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and (II) other national, State, and local priority resource concerns are effectively addressed. ; and (B) by striking paragraph (3). (3) Contract renewal Section 1240K(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(e) (A) in paragraph (3)— (i) by striking subparagraph (B); (ii) in subparagraph (A), by striking ; or , if applicable. (iii) by striking period— to meet period, to meet (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary (1) In general The Secretary ; and (D) by adding at the end the following: (2) Ranking and payments In determining whether to accept an application for contract renewal under this subsection, and when calculating payments for those renewed contracts, the Secretary shall consider the full conservation benefits across the entire applicable agricultural operation, including— (A) the number of priority resource concerns with respect to which the producer is expected to meet or exceed the stewardship threshold by the end of the contract period; and (B) the active management and maintenance of ongoing conservation activities, including— (i) the conservation activities adopted during a prior contract period; and (ii) the new or improved conservation activities to be adopted if a contract is renewed. . (d) Duties of the Secretary (1) Climate change adaptation and mitigation Section 1240L(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(a)(2) (which may include climate change adaptation and mitigation) priority resource concerns (2) Conservation stewardship payments Section 1240L(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c) (A) in paragraph (1)— (i) in subparagraph (A), by inserting on 1 or more types of eligible land covered by the contract activities (ii) in subparagraph (B), by striking improving, maintaining, and managing maintaining, actively managing, and improving (B) in paragraph (2)— (i) by striking subparagraph (B) and inserting the following: (B) Income forgone by the producer, including amounts that reflect— (i) increased economic risk; and (ii) loss in revenue due to— (I) production changes; (II) anticipated reductions in yield; (III) transitioning to an organic system, resource-conserving cropping system, or perennial production system; or (IV) acreage converted to conservation uses. ; and (ii) in subparagraph (E), by inserting , actively managed, and, where applicable, improved maintained (C) by adding at the end the following: (6) Payments for conservation activities related to organic production systems (A) In general The Secretary shall provide payments under this subsection for conservation activities relating to— (i) organic production; and (ii) transitioning to organic production. (B) Conservation activities Conservation activities described in subparagraph (A) may include— (i) generally available and specifically tailored conservation activities; and (ii) individual conservation activities and bundles of conservation activities. (7) Minimum payment The amount of an annual payment under the program shall be not less than $2,000. . (3) Supplemental payments Section 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) (A) in the subsection heading, by inserting , perennial production systems, rotations (B) in paragraph (1)— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: (C) Perennial production system The term perennial production system (i) the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; (ii) the use of woodland for agroforestry, including forest farming, multistory cropping, and related production practices, as determined by the Secretary; and (iii) the use of cropland for perennial forages or perennial grain crops. ; (C) in paragraph (2)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (C) a perennial production system. ; and (D) in paragraph (3), by striking or advanced grazing management , advanced grazing management, or a perennial production system (4) Payment for comprehensive conservation plan Section 1240L(e)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(e)(1) (A) by striking the period at the end and inserting the following: “; and (B) with respect to an organic production system— (i) is integrated with an organic system plan approved under the national organic program established under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 (ii) allows a producer to transition to organic production systems and pursue certification under that Act. ; and (B) in the matter preceding subparagraph (B) (as added by subparagraph (A)), by striking plan that meets (A) meets . (5) Payment limitations Section 1240L(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(f) (A) by inserting (including a joint venture and a general partnership) A person or legal entity (B) by striking fiscal years 2019 through 2023 any consecutive 5-fiscal-year period (6) Specialty crop and organic producers Section 1240L(g) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(g) , and producers transitioning to organic production systems, organic producers (7) Soil health Section 1240L(k) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(k) , including by— (1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and (2) offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities. . (e) On-Farm conservation stewardship innovation grants Subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 1240L–2. On-farm conservation stewardship innovation grants (a) Definition of agricultural professional In this section, the term agricultural professional (b) Grants Using funds made available to carry out this subchapter, the Secretary shall provide competitive grants to carry out on-farm conservation innovation projects on eligible land of program participants for the purpose of stimulating innovative approaches on farms and ranches to leverage Federal investment in conservation stewardship, in conjunction with agricultural production or forest resource management, through the program. (c) Participants The Secretary shall provide grants under this section— (1) directly to agricultural operations, or groups of agricultural operations, participating in the program; or (2) through partnerships between agricultural professionals and small groups of agricultural operations participating in the program. (d) Use An entity that receives a grant under this section directly or through a partnership in accordance with subsection (c) shall carry out an on-farm conservation innovation project that— (1) facilitates on-farm research and demonstration or pilot testing of new technologies or innovative conservation systems and practices that aim to reduce greenhouse gas emissions and decarbonize agriculture; (2) facilitates on-farm research and demonstration or pilot testing of practices and systems with a proven high impact for greenhouse gas emissions reduction and decarbonization and low national or regional adoption rates; or (3) helps to prepare program participants for participation in environmental services markets that have as a primary goal greenhouse gas emissions reduction or decarbonization of agriculture. (e) Incentive payments (1) Agreements (A) In general In carrying out this section, the Secretary shall enter into agreements with agricultural operations (directly or through governmental or nongovernmental organizations involved in a partnership with 1 or more agricultural operations) on whose land an on-farm conservation innovation project is being carried out under this section to provide payments to the agricultural operations to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits. (B) Amount Payments provided under subparagraph (A) shall reflect the direct costs of the research and demonstration and compensation for foregone income, as appropriate to address the increased economic risk or lower economic return potentially associated with the applicable innovative conservation approach. (2) Adjusted gross income requirements (A) In general Adjusted gross income requirements under section 1001D(b)(1) shall— (i) apply to producers receiving payments under this subsection; and (ii) be enforced by the Secretary. (B) Reporting A governmental or nongovernmental organization participating in an on-farm conservation innovation project under this subsection shall submit to the Secretary an annual report describing the amount of payments that the organization made to each agricultural operation under this subsection. (3) Research, technical assistance, and administrative expenses The Secretary may provide to a partnership described in paragraph (1)(A) not more than $50,000 for each on-farm conservation innovation project for research, technical assistance, and administrative expenses. (4) Length of agreements An agreement entered into under paragraph (1)(A) shall be for a period determined by the Secretary that is— (A) not less than 2 years; and (B) if appropriate, more than 2 years, including if the longer period is appropriate to support— (i) adaptive management over multiple crop years; and (ii) adequate data collection and analysis by an agricultural operation or partnership to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary. 1240L–3. Contributions and contribution agreements (a) Contributions In carrying out the program, the Secretary may accept financial or other contributions from individuals and public and private entities, if the Secretary determines that the contributions will further the purposes of the program. (b) Types of support Contributions described in subsection (a) may include support for conservation activities to sequester carbon, reduce greenhouse gas emissions, and achieve other related environmental benefits. (c) Considerations In determining whether to accept a contribution under this section, the Secretary shall consider whether the contribution would target support to 1 or more of the following: (1) Resource-conserving crop rotations, advanced grazing management, or perennial production systems. (2) Cover crop activities. (3) Organic production systems. (4) Beginning farmers and ranchers, socially disadvantaged farmers and ranchers, or other underserved producers. (d) Agreements Any contribution under this section shall be made subject to an agreement— (1) between the contributing individual or public or private entity and the Secretary; and (2) containing such terms and conditions as the Secretary may require. . 304. State assistance for soil health Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839bb 1240S. State assistance for soil health (a) Availability and purpose of grants Using funds made available under subsection (k), the Secretary shall make grants to States or Tribal governments for each of fiscal years 2022 through 2030 to be used by State departments of agriculture or appropriate Tribal authorities to develop and implement plans to improve soil health on agricultural land. (b) Application (1) In general A State department of agriculture or Tribal government requesting a grant under this section shall prepare and submit for approval by the Secretary an application at such time, in such a manner, and containing such information as the Secretary shall require, including an assurance that grant funds received under this section shall supplement the expenditure of State or Tribal funds in support of soil health, rather than replace State or Tribal funds for those purposes. (2) Use of funds A State or Tribal government may request funds under this section— (A) to develop or modify a State or Tribal soil health plan; or (B) to implement a State or Tribal soil health plan approved by the Secretary under this section, including through— (i) technical assistance; (ii) financial assistance; (iii) on-farm research and demonstration; (iv) education, outreach, and training; (v) monitoring and evaluation; or (vi) such other activities as the Secretary determines to be appropriate. (3) Plan components Prior to approving a State or Tribal soil health plan, the Secretary shall ensure that the plan, at a minimum— (A) is broadly consistent with the soil health principles of the Natural Resources Conservation Service; and (B) identifies effective strategies for increasing adoption of regionally appropriate soil health practices and systems on privately owned agricultural land under the jurisdiction of the applicable State or Tribal government. (4) Eligibility A State or Tribal government may— (A) apply for a grant for the purposes described in paragraph (2)(A) at any time; and (B) apply for a grant for the purposes described in paragraph (2)(B) on approval by the Secretary of a soil health plan for the State or Tribal government. (c) Tribal option At the sole discretion of a Tribal government, an Indian Tribe or Tribal organization shall have the option of being incorporated into a State application rather than submitting an application for the Indian Tribe or Tribal organization. (d) Grant amount (1) Maximum The maximum grant any 1 State or Tribal government may receive under this section for a fiscal year shall be— (A) in the case of a grant for the purposes described in subsection (b)(2)(A), $1,000,000; and (B) in the case of a grant for the purposes described in subsection (b)(2)(B), $5,000,000. (2) Federal share (A) Grants to States The amount of a grant to a State under this section shall not exceed— (i) 75 percent of the cost of developing or modifying a soil health plan; or (ii) 50 percent of the cost of implementing the soil health plan. (B) Grants to Tribes The amount of a grant to a Tribal government under this section shall not exceed— (i) 90 percent of the cost of developing or modifying a soil health plan; or (ii) 75 percent of the cost of implementing the soil health plan. (3) Non-Federal funds A grant made under this section shall be made on the condition that the non-Federal share of expenditures under paragraph (2) be provided by non-Federal sources. (e) Grant term A grant under this section shall be for 1 year and may be renewed annually, at the discretion of the Secretary. (f) Priority The Secretary shall give priority to States or Tribal governments with a climate action plan that includes soil health, as determined by the Secretary. (g) Performance measures and evaluation (1) Performance measures Each application under subsection (b) shall include performance measures to be used to evaluate the results of the assistance received under this section. (2) Review Each applicable State department of agriculture or Tribal authority shall submit to the Secretary a review and evaluation of the progress of the State department of agriculture or Tribal authority, using the performance measures under paragraph (1), at such intervals as the Secretary shall establish. (h) Effect of noncompliance If the Secretary, after reasonable notice to a State or Tribal government, determines that there has been a failure by the State or Tribal government to comply with the terms of a grant made under this section, the Secretary may disqualify, for 1 or more years, the State or Tribal government from receipt of future grants under this section. (i) Audit requirement For each year that a State or Tribal government receives a grant under this section, the State or Tribal government shall— (1) conduct an audit of the expenditures of grant funds by the State or Tribal government; and (2) not later than 30 days after the completion of the audit under paragraph (1), submit to the Secretary a copy of the audit. (j) Administration (1) Department The Secretary may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. (2) States and Tribes A State or Tribal government receiving a grant under this section may not use more than 7 percent of the funds received under the grant for a fiscal year for administrative expenses. (k) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to make grants under this section— (1) $60,000,000 for each of fiscal years 2022 through 2023; (2) $80,000,000 for each of fiscal years 2024 through 2026; and (3) $100,000,000 for fiscal year 2027 and each fiscal year thereafter. . 305. Funding and administration (a) Commodity Credit Corporation (1) Annual funding Section 1241(a) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a) (A) in the matter preceding paragraph (1), by striking For each of fiscal years 2014 through 2023, the Secretary The Secretary (B) in paragraph (1)— (i) in subparagraph (A), by inserting , and $17,000,000 for the period of fiscal years 2024 through 2030, 2023 (ii) in subparagraph (B), by inserting and $70,000,000 for the period of fiscal years 2024 through 2030, including not more than $5,000,000 to provide outreach and technical assistance, technical assistance, (C) in paragraph (2)— (i) in subparagraph (E), by striking and (ii) in subparagraph (F), by striking 2023. 2022; and (iii) by adding at the end the following: (G) $700,000,000 for each of fiscal years 2023 through 2030. ; and (D) in paragraph (3)— (i) in subparagraph (A)— (I) in clause (iv), by striking and (II) by adding at the end the following: (vi) $3,000,000,000 for each of fiscal years 2024 through 2030; and ; and (ii) in subparagraph (B)— (I) in clause (iii), by striking $750,000,000 $2,000,000,000 (II) in clause (iv), by striking $800,000,000 for fiscal year 2022; and $2,500,000,000 for fiscal year 2022; (III) in clause (v), by striking $1,000,000,000 for fiscal year 2023. $3,000,000,000 for fiscal year 2023; and (IV) by adding at the end the following: (vi) $4,000,000,000 for each of fiscal years 2024 through 2030. . (2) Availability of funds Section 1241(b) of the Food Security Act of 1985 ( 16 U.S.C. 3841(b) 2023 2030 (3) Technical assistance Section 1241(c) of the Food Security Act of 1985 ( 16 U.S.C. 3841(c) (5) Special initiative (A) In general Beginning in fiscal year 2022, and each year thereafter through fiscal year 2030, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). (B) Provision of technical assistance The Secretary shall provide technical assistance under the special initiative under this paragraph to producers— (i) directly; (ii) (I) through an agreement with a third-party provider (as defined in section 1242(a)); or (II) at the option of the producer, through a payment, as determined by the Secretary, to the producer for a third-party provider approved under section 1242, if available; or (iii) through a cooperative agreement or contract with— (I) a cooperative extension; (II) a nongovernmental organization; or (III) a State, Tribal, or Federal agency. (C) Underserved producers In providing technical assistance under this paragraph, the Secretary shall give priority to producers who are persons described in section 1244(a)(2). . (4) Assistance to certain farmers or ranchers for conservation access Section 1241(h) of the Food Security Act of 1985 ( 16 U.S.C. 3841(h) (A) in paragraph (1)(B), by striking to the maximum extent practicable— to the maximum extent practicable, 30 percent to assist beginning farmers or ranchers and socially disadvantaged farmers or ranchers. (B) in paragraph (2), by striking 2023 2030 (b) Administrative requirements for conservation programs (1) Incentives for certain farmers and ranchers and Indian tribes Section 1244(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3844(a)(1) (A) in subparagraph (A), by striking and (B) by striking subparagraph (B) and inserting the following: (B) to establish a new generation of producers who use the full array of climate-friendly conservation activities that reduce greenhouse gas emissions, increase soil carbon, and improve resilience to weather extremes; and (C) to enhance other long-term environmental goals. . (2) Review and guidance for practice costs and payment rates Section 1244(j)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3844(j)(1)(B) (A) in clause (ii), by striking and (B) in clause (iii), by striking the period at the end and inserting ; and (C) by adding at the end the following: (iv) accelerates progress in meeting the goals established under title I of the Agriculture Resilience Act of 2021 . (3) Advanced grazing management Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 (q) Advanced grazing management (1) In general In carrying out any conservation program administered by the Secretary, the Secretary shall encourage advanced grazing management, including management-intensive rotational grazing (as those terms are defined in section 1240L(d)(1)). (2) Reservation of funds In each of fiscal years 2022 through 2030, the Secretary shall use to carry out this subsection not less than 2/3 . (c) Environmental services markets Section 1245 of the Food Security Act of 1985 ( 16 U.S.C. 3845 (f) Soil health and greenhouse gas Federal advisory committee (1) Establishment Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee, to be known as the Soil Health and Greenhouse Gas Federal Advisory Committee advisory committee (2) Membership In carrying out paragraph (1), the Secretary shall appoint members to the advisory committee that— (A) reflect diversity in gender, age, race, and geography; and (B) include— (i) farmers and ranchers, including farmers and ranchers operating small and mid-sized farms; (ii) organizations representing farmers and ranchers, including organizations representing farmers and ranchers operating small and mid-sized farms; (iii) scientists; (iv) environmental nonprofit organizations; (v) existing private sector carbon and ecosystem services market development initiatives; (vi) businesses working to reduce greenhouse gas emissions from agriculture in the supply chains of the businesses; (vii) relevant Federal agencies; (viii) youth engaged in the agriculture or food sector; (ix) Tribal communities; and (x) State agriculture agencies. (3) Terms (A) Term length The term of a member of the advisory committee shall be 2 years. (B) Reappointment The Secretary may reappoint a member of the advisory committee for not more than 2 consecutive terms. (4) Meetings The advisory committee shall meet— (A) not fewer than 4 times in the first year after the advisory committee is established; and (B) not less frequently than twice annually thereafter. (5) Recommendations Not later than 1 year after the date on which the advisory committee is established, and periodically thereafter, the advisory committee shall submit to the Secretary recommendations on— (A) the feasibility of establishing reliable outcomes-based measurement systems, as described in subsection (g); (B) existing technology that provides reliable measurement data; (C) with respect to parameters for which existing technology does not provide reliable measurement data, research and technical needs and, as appropriate, goals and plans for that research; (D) standards for data collection and dissemination; (E) farmer data management and privacy; (F) greenhouse gas emissions and soil health inventories and databases, as described in subsection (h); and (G) criteria for soil health and greenhouse gas emissions reductions payments and environmental markets, as described in subsection (i). (g) Measurement system (1) Purpose The Secretary shall evaluate existing outcomes-based measurement systems for recordkeeping, modeling, and measurement of farm-level greenhouse gas emissions and soil carbon sequestration, including measures of soil disturbance, plant diversity, continual living cover, residue management, advanced grazing management, and crop-livestock integration, to determine which of those systems— (A) can be implemented quickly; (B) can improve in accuracy and ease over time; (C) use the best available science and technology; and (D) are cost-effective. (2) Guidance Not later than 18 months after the date of enactment of this subsection, the Secretary shall issue guidance on the outcomes-based measurement systems evaluated under paragraph (1), based on— (A) recommendations from the advisory committee established under subsection (f); and (B) information from— (i) agroecosystem models, including COMET Farm and COMET Farm Planner; (ii) remote sensing data and analysis, including the Operational Tillage Information System; (iii) soil health demonstration trials carried out under section 1240H(c)(7); (iv) existing and emerging public and private environmental services protocols, measurement systems, and benchmarks; and (v) field-level measurement. (3) Review The Secretary, based on recommendations from the advisory committee established under subsection (f), shall— (A) establish and maintain an outcomes-based measurement system in accordance with the guidance issued under paragraph (2) when feasible; (B) conduct a periodic review of that system; (C) periodically make any necessary updates to that system; and (D) establish research and development goals and plans, as necessary. (h) Inventory (1) In general Not later than 18 months after the date of enactment of this subsection, and every 2 years thereafter, the Secretary, in consultation with the advisory committee established under subsection (f) and the Administrator of the Environmental Protection Agency, shall conduct a nationwide soil health and agricultural greenhouse gas emissions inventory that uses the best available science and data to establish expected average performance for soil carbon drawdown and storage and greenhouse gas emissions reduction by primary production type and production region. (2) Database The Secretary shall— (A) establish an accessible and interoperable database for the information collected through the inventory conducted under paragraph (1); and (B) improve and update that database not less frequently than once every 2 years as new data is collected. (i) Criteria (1) In general The Secretary, in consultation with the advisory committee established under subsection (f), shall establish criteria for payments, credits, or other forms of incentives to inform policy and markets established to promote soil carbon sequestration or greenhouse gas emissions reductions. (2) Requirements The criteria established under paragraph (1) shall— (A) have a documented likelihood to lead to long-term net increases in soil carbon sequestration and net reductions in greenhouse gas emissions, according to the best available science; (B) be based in part on environmental impact modeling of the changes of shifting from baseline agricultural practices to new or improved agricultural practices; and (C) be designed to prevent the degradation of other natural resource or environmental conditions. (j) Demonstration trials (1) In general The Secretary shall periodically review the results from soil health demonstration trials carried out under section 1240H(c)(7), and other similar public and private demonstration trials that the Secretary determines to be appropriate, to inform the activities under subsections (g), (h), and (i). (2) Recommendations In submitting reports pursuant to section 1240H(c)(7)(C)(ii), the Secretary shall include any recommendations to Congress for changes or additions to the conservation programs under this Act that the Secretary determines to be appropriate to accelerate net increases in soil carbon sequestration and other improvements in soil health. . 306. Study and report on feasibility of agricultural carbon capture tax credit (a) Study The Secretary of the Treasury (referred to in this section as the Secretary (b) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study described in subsection (a), including whether or not to proceed with the development of the tax credit described in such subsection and, if so, detailed recommendations for— (1) which taxpayers should be eligible for the credit; (2) methods for measuring (if feasible) or estimating baseline soil carbon conditions on a farm or ranch; (3) methods for measuring (if feasible) or estimating the amount of soil carbon sequestered or abated on a farm or ranch; (4) incentivizing early adoption of carbon capture practices; (5) the number of years a taxpayer should be eligible for the credit; (6) establishing rules for recapture in instances in which carbon capture ceases or carbon is not retained in soil; (7) establishing rules for recapture if ownership of land is transferred; (8) setting the dollar value of the credit; (9) setting phase outs for credit eligibility; (10) establishing certification requirements for carbon capture; (11) establishing rules for attributing the credit to a taxpayer; (12) establishing rules for carrying over unused credits; and (13) such other provisions as the Secretary determines necessary. 307. Conservation compliance (a) Definitions Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) (1) in paragraph (3)— (A) by striking highly erodible (B) in subparagraph (B), by striking and conservation treatment measures crop rotation and cover crop systems, and other relevant conservation treatment measures (2) in paragraph (4)— (A) in subparagraph (A), by striking and (B) in subparagraph (B)— (i) by striking or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland and a substantial improvement in soil health conditions (including soil carbon levels) on a field or group of fields containing cropland (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) are designed to achieve, within 5 years of actively applying a conservation plan, a level of erosion not to exceed twice the soil loss tolerance level; and (D) are designed to effectively prevent the formation of new, or treat all existing, ephemeral gullies. ; and (3) in paragraph (11)(A)(ii), by striking excessive average annual rate of erosion in relation to average annual rate of erosion exceeding twice (b) Cropland conservation (1) Program ineligibility Section 1211 of the Food Security Act of 1985 ( 16 U.S.C. 3811 (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking produces an agricultural commodity as determined by the Secretary carries out an activity described in subsection (b), as determined by the Secretary, (ii) in paragraph (1)(D), by inserting cropland or highly erodible land (B) by redesignating subsection (b) as subsection (c); (C) by inserting after subsection (a) the following: (b) Activities described Activities referred to in subsection (a) are— (1) the production of an agricultural commodity on a field on which highly erodible land is predominant; (2) the designation of land on which highly erodible land or cropland is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity; and (3) the production of an agricultural commodity without having in place a conservation plan. ; and (D) in subsection (c) (as so redesignated), by striking the heading and inserting Authority of Secretary (2) Exemptions Section 1212 of the Food Security Act of 1985 ( 16 U.S.C. 3812 (A) in subsection (a)(3), in the first and second sentences, by striking only be required to apply a conservation plan established under this subtitle. The person shall not be required to meet a higher conservation standard than be required to apply a conservation plan established under this subtitle consistent with (B) in subsection (f)(4)(A)— (i) in clause (i), by striking highly erodible (ii) in clause (ii)(II), by inserting and soil health erosion control (3) Conforming amendment Subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 Highly Erodible Land Cropland 308. National and regional agroforestry centers Section 1243 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 16 U.S.C. 1642 Public Law 101–624 (1) by striking the section heading and inserting National and regional agroforestry centers (2) by striking subsection (a) and inserting the following: (a) National and Regional Agroforestry Centers (1) In general Secretary (A) shall establish at the Forestry Sciences Laboratory of the Forest Service, in Lincoln, Nebraska, a Semiarid Agroforestry Research, Development, and Demonstration Center; and (B) acting through the Chief of the Forest Service and in cooperation with the Natural Resources Conservation Service, shall establish not fewer than 3 additional regional agroforestry centers at other locations, as determined by the Secretary. (2) National and Regional Directors The Secretary shall appoint a National Director and Regional Directors to manage and coordinate the program established under subsection (b). ; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Center Centers established under subparagraphs (A) and (B) of subsection (a)(1) (referred to in this section as the Centers (B) in paragraph (1), by striking on semiarid lands that that build soil health and (C) in paragraph (3), by striking from semiarid land (D) in paragraph (4)— (i) by striking in semiarid regions (ii) by striking the Great Plains region particular regions (E) by striking paragraph (6) and inserting the following: (6) develop improved silvopasture, alley cropping, forest farming, multistory cropping, riparian buffer, windbreak and shelterbelt, and other perennial production and conservation systems and technologies to improve soil health, carbon sequestration, drought preparedness, soil and water conservation, environmental quality, and biological diversity; ; (F) in paragraph (7), by striking on semiarid lands (G) in paragraph (8), by striking on semiarid lands worldwide worldwide, including on semiarid land (H) in paragraph (9)— (i) by striking on semiarid lands (ii) by inserting and climate change pollution (4) in subsection (c), in the matter preceding paragraph (1), by striking Center Centers (5) in subsection (d), by striking through 2023 through 2021 and $25,000,000 for each of fiscal years 2022 through 2030 IV Farmland Preservation and Farm Viability 401. Local Agriculture Market Program Section 210A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c (1) in subsection (a)(12)(A)— (A) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; and (B) by inserting after clause (iii) the following: (iv) is produced and marketed in a manner that significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; (v) when added to the crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking the semicolon at the end and inserting , including value-added agricultural products from crops or animals that, when added into crop or grazing rotations on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; and (iii) by adding at the end the following: (D) markets for agricultural commodities and products produced in a manner that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; (B) in paragraph (3)— (i) by striking and local , local (ii) by inserting , and production and marketing approaches to significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions (C) in paragraph (5), by striking and (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: (6) enhances the economic viability of producers and related agricultural enterprises; and ; (3) in subsection (d)— (A) in paragraph (1), by striking subsection (i) subsection (j) (B) in paragraph (2)— (i) in subparagraph (C)— (I) in clause (i), by striking and (II) in clause (ii), by adding and (III) by adding at the end the following: (iii) agricultural commodities and products that are produced and marketed in a manner that— (I) significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or (II) when added to a crop or grazing rotation on a farm will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; and (ii) in subparagraph (F), by striking producers of local food products and value-added agricultural products in new and existing markets (i) local food products; (ii) value-added agricultural products in new and existing markets; and (iii) agricultural commodities and products that are produced in a manner that— (I) enhances soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or (II) when added to a crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; and (C) in paragraph (5)(A), by inserting and the Chief of the Natural Resources Conservation Service (4) in subsection (e)(2)(A), by striking subsection (i) subsection (j) (5) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j), respectively; (6) by inserting after subsection (e) the following: (f) Farm viability and local climate resiliency centers (1) In general The Secretary, acting through the Administrator of the Agricultural Marketing Service and in coordination with the Administrator of the Rural Business-Cooperative Service and the Chief of the Natural Resources Conservation Service, shall provide grants to eligible entities described in paragraph (2) to serve as farm viability and local climate resiliency centers (referred to in this section as centers (A) efforts to enhance farm viability; and (B) the development, coordination, and expansion of markets for commodities and farm products that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions. (2) Eligible entities An entity is eligible to receive a grant under this subsection if the entity is— (A) an agricultural cooperative or other agricultural business entity or a producer network or association; (B) a local, State, or Tribal government; (C) a nonprofit corporation; (D) a public benefit corporation; (E) an economic development corporation; (F) an institution of higher education; or (G) such other entity as the Secretary may designate. (3) Use of funds An eligible entity receiving a grant under this subsection shall use grant funds to provide to entities described in subsection (d)(5)(B)— (A) assistance for the development of business plans and feasibility studies; (B) assistance in developing marketing strategies for— (i) local products; and (ii) value-added agricultural products in new and existing markets; (C) assistance in enterprise development for the processing, aggregation, distribution, and storage of— (i) local and regional food products that are marketed locally or regionally; and (ii) value-added agricultural products; (D) assistance relating to finances and recordkeeping; (E) assistance relating to enterprise and business management; (F) assistance relating to ownership succession planning; (G) outreach and assistance in the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; (H) outreach regarding assistance available under subsection (d); (I) outreach regarding assistance available through other programs administered by any other Federal agency that supports the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; or (J) at the request of the entity described in subsection (d)(5)(B), assistance in applying for a grant under subsection (d), including acting on behalf of the entity in applying for the grant. (4) Geographic diversity To the maximum extent practicable, the Secretary shall ensure geographic diversity in selecting eligible entities to receive a grant under this subsection. (5) Non-Federal share An entity receiving a grant under this subsection shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant. (6) Applications (A) In general To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications. (B) Competitive process The Secretary— (i) shall conduct a competitive process to select applications submitted under subparagraph (A); (ii) may assess and rank applications with similar proposals as a group; and (iii) shall, prior to accepting applications under that subparagraph, make public the criteria to be used in evaluating the applications. (7) Priority The Secretary may give priority to applications submitted under paragraph (6)(A) that include— (A) plans to use funds for 3 or more of purposes described in paragraph (3); or (B) activities relating to improving the use and expanded adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions while simultaneously improving farm viability. (8) Administrative expenses An entity receiving a grant under this subsection may use not more than 4 percent of the funds received through the grant for administrative expenses. ; (7) in subsection (i)(1) (as so redesignated), in the matter preceding subparagraph (A), by striking subsection (i)(3)(E) subsection (j)(3)(E) (8) in subsection (j) (as so redesignated)— (A) in paragraph (1), by striking fiscal year 2019 each of fiscal years 2019 through 2021 and $150,000,000 for fiscal year 2022 (B) in paragraph (3)— (i) in subparagraph (A)(i), by striking 35 36 (ii) by striking subparagraph (B) and inserting the following: (B) Farmers' market and local food promotion grants (i) In general Of the funds made available to carry out this section for a fiscal year, 36 percent shall be used for grants under subsection (d)(6). (ii) Allocation among subprograms Of the funds made available for grants under subsection (d)(6) for a fiscal year— (I) 40 percent shall be made available for farmers' market promotion grants; and (II) 60 percent shall be made available for local food promotion grants. ; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: (D) Farm viability and local climate resiliency Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f). ; and (E) in subparagraph (E) (as so redesignated), in the matter preceding clause (i), by striking or (C) (C), or (D) 402. National organic certification cost-share program (a) Federal share Section 10606(b)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523(b)(2) $750 $1,000 (b) Mandatory funding Section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523(d)(1) shall make available shall use such sums as are necessary to carry out this section. 403. Exclusion of gain from sale of certain farm property and agricultural easements (a) In general Part III of subchapter B of chapter 1 121A. Exclusion of gain from sale of qualified farm property (a) Exclusion Gross income shall not include gain from the sale or exchange of qualified farm property if such property is sold to or exchanged with a transferee who— (1) is a qualified farmer, and (2) meets the certification requirement of subsection (c). (b) Limitation (1) In general The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed the excess, if any of— (A) $500,000 ($1,000,000 in the case of a joint return), over (B) the amount excluded from the gross income of the taxpayer under this section for all prior taxable years. (2) Special rule for joint returns The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. (c) Certification requirement A transferee meets the certification requirement of this subsection if such transferee signs a written certification stating the following: (1) Use certification as farm for farming purposes The use of such property will be as a farm for farming purposes at all times during the recapture period. (2) Recapture agreement The transferee has been notified of the amount of the tax that will be imposed on such transferee under subsection (d) in the event of a recapture event (as defined in subsection (d)). (d) Treatment of disposition or change in use of property (1) In general If there is a recapture event during the recapture period with respect to any qualified farm property, then the tax imposed under this chapter on the transferee described in subsection (a) for the taxable year which includes the first such recapture event shall be increased by the product of— (A) the amount of the gain excluded from the gross income of the transferor under subsection (a) with respect to the sale or exchange of such qualified farm property, multiplied by (B) the rate of tax in effect under section (1)(h)(1)(D). (2) Recapture event defined For purposes of this subsection, the term recapture event (A) Cessation of operation The cessation of the operation of such property as a farm for farming purposes at any time during the recapture period. (B) Failure to materially participate The failure of a qualified farmer to materially participate in the operation of the farm at any time during the recapture period. (C) Change in ownership (i) In general Except as provided in clause (ii), the disposition of any interest in such property by the transferee referred to in subsection (a) during the recapture period. (ii) Agreement to assume recapture liability Clause (i) shall not apply to any farm property if the person acquiring the interest referred to in such clause agrees in writing to assume the recapture liability of the person disposing of such interest. In the event of such an assumption, this subsection shall apply to the person acquiring such interest as though such person were the transferee referred to therein (and this subsection shall be applied as if there had been no change in ownership). (3) Special rules (A) No credits against tax Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. (B) No recapture by reason of hardship The increase in tax under this subsection shall not apply to any disposition of property or cessation of the operation of any property as a farm for farming purposes if such disposition or cessation occurs by reason of any hardship. (e) Special rules For purposes of this section, rules similar to the rules of subsections (e) and (f) of section 121 shall apply. (f) Definitions For purposes of this section— (1) Qualified farmer The term qualified farmer (A) a beginning farmer, socially disadvantaged farmer, qualified veteran farmer, young farmer, or (B) any entity if 50 percent or more of the capital and profits of such entity are owned by one or more individuals described in paragraph (A). (2) Beginning farmer The term beginning farmer (A) has not operated a farm, or (B) as of the date of the sale or exchange described in subsection (a), has operated a farm for not more than 10 years. (3) Socially disadvantaged farmer The term socially disadvantaged farmer (A) American Indians. (B) Alaska Natives. (C) Asians. (D) Blacks or African Americans. (E) Native Hawaiians or other Pacific Islanders. (F) Hispanics. (G) Women. (4) Qualified veteran farmer The term qualified veteran farmer (A) first obtained status as a veteran (as defined in section 101(2) of title 38 United States Code) during the 10-year period ending on the date of the sale or exchange described in subsection (a), and (B) has not operated a farm during such 10-year period. (5) Young farmer The term young farmer (6) Qualified farm property The term qualified farm property (A) during the 5-year period ending on the date of the sale or exchange referred to in subsection (a), such property has been used by the taxpayer or a member of the family of the taxpayer as a farm for farming purposes for periods aggregating 3 years or more, and (B) there was material participation by the taxpayer or a member of the family of the taxpayer in the operation of the farm during such 3 years. (7) Recapture period The term recapture period (8) Material participation (A) In general Material participation shall be determined in a manner similar to the manner used for purposes of paragraph (1) of section 1402(a) (relating to net earnings from self-employment). (B) Application to entities (i) In general In the case of a partnership, S corporation, or other entity, the material participating requirements under subsection (d)(2)(B) and paragraph (6)(B) shall be treated as having been met by such partnership, S, corporation, or other entity if there is material participation by individuals owning 50 percent or more of the capital or profits interest of such partnership, S corporation, or other entity. (ii) Members of the family For purposes of paragraph (6)(B), a member of the family of an individual owning a capital or profits interest of a partnership, S corporation, or other entity shall not be taken into account for purposes of determining whether the partnership, S corporation, or other entity meets the material participating requirements under clause (i) unless such member of the family is also owns a capital or profits interest in such partnership, S corporation, or other entity. (9) Other definitions The terms member of the family farm farming purposes 121B. Exclusion of gain from sale of agricultural conservation easement (a) Exclusion Gross income shall not include gain from the sale or exchange of an agricultural conservation easement. (b) Limitation (1) In general The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed the excess, if any of— (A) $500,000 ($1,000,000 in the case of a joint return), over (B) the amount excluded from the gross income of the taxpayer under this section for all prior taxable years. (2) Special rule for joint returns The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. (c) Agricultural conservation easement defined The term agricultural conservation easement (1) is conveyed for the purpose of protecting natural resources and the agricultural nature of the land, and (2) permits the landowner the right to continue agricultural production and related uses. (d) Special rules For purposes of this section, rules similar to the rules of subsections (e) and (f) of section 121 shall apply. . (b) Conforming amendment The table of sections for part III of subchapter B of chapter 1 121A. Exclusion of gain from sale of qualified farm property. 121B. Exclusion of gain from sale of agricultural conservation easement. . (c) Effective date The amendments made by this section shall apply to any sale or exchange in taxable years ending after December 31, 2021. 404. Farmland Protection Policy Act (a) Findings, Purpose, and Definitions Section 1540 of the Agriculture and Food Act of 1981 ( 7 U.S.C. 4201 (1) in subsection (a)— (A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (B) by inserting after paragraph (3) the following: (4) the Nation’s farmland is a vital source of environmental services, such as carbon sequestration; ; (2) in subsection (b), by inserting Tribal, State, (3) in subsection (c)— (A) by redesignating paragraphs (1), (2), (3), and (5) as paragraphs (2), (7), (8), and (6), respectively, and moving the paragraphs so as to appear in numerical order; (B) by inserting before paragraph (2) (as so redesignated) the following: (1) the term conversion (A) the physical conversion of farmland to a nonagricultural use; (B) the effective conversion of farmland as a consequence of physical conversion of adjacent farmland, which threatens the continued viability of the land for agricultural use; or (C) a change in management of federally owned land historically used for agriculture to a nonagricultural use; ; (C) in paragraph (2) (as so redesignated)— (i) in subparagraph (B), by striking that is used for that is suitable for (ii) in subparagraph (C), by inserting and is suitable local importance (D) by inserting after paragraph (2) (as so redesignated) the following: (3) the term farmland of national significance ; (E) in paragraph (4), in the second sentence, by striking and (F) by inserting after paragraph (4) the following: (5) the term permanently protected farmland (A) held by the Federal Government, a State, Tribal, or local unit of government, or a land conservation organization; and (B) that is perpetual or the maximum number of years allowed by State law; ; (G) in paragraph (6) (as so redesignated), by striking the period at the end and inserting a semicolon; (H) in paragraph (7) (as so redesignated), by adding and (I) in paragraph (8) (as so redesignated), by striking the semicolon at the end and inserting a period. (b) Farmland protection policy Section 1541 of the Agriculture and Food Act of 1981 ( 7 U.S.C. 4202 1541. Farmland protection policy (a) In general It is the policy of the United States that Federal programs— (1) shall minimize the conversion of farmland to nonagricultural uses; and (2) subject to subsection (d), shall not convert to nonagricultural uses farmland— (A) that is permanently protected farmland; (B) that has been defined and delineated by the Secretary under subsection (b)(1) as farmland of national significance; or (C) that has been defined and delineated by a State as significant to the State or a priority for inclusion in a State farmland protection program and for which the State has submitted a definition and delineation under subsection (b)(2). (b) Definition and delineation of land (1) National significance (A) In general The Secretary shall define and delineate farmland of national significance. (B) Experts The Secretary shall convene a group of experts, including agronomists and soil scientists, to assist the Secretary in carrying out subparagraph (A). (2) State significance Any State wishing to have farmland recognized under subsection (a)(2)(C) shall provide to the Secretary a definition and delineation of the farmland. (c) Process and criteria (1) Process and criteria The Secretary shall develop a process, including criteria— (A) to determine the potential conversion of farmland as a consequence of any action or activity conducted through a Federal program; (B) (i) to minimize the conversion of farmland to nonagricultural uses; or (ii) in the case of farmland identified under subsection (a)(2), to avoid conversion of the farmland to nonagricultural uses; (C) to provide to the Secretary notice regarding actions described in subparagraphs (A) and (B); and (D) that the Secretary shall use to make determinations under subsection (d). (2) Use required Each department, agency, independent commission, and other unit of the Federal Government shall use the process and criteria developed under paragraph (1) in carrying out a Federal program. (d) Exemption (1) In general Subsection (a)(2) shall not apply if the Secretary determines, based on the process and criteria developed under subsection (c)(1), that converting farmland to nonagricultural uses cannot be avoided. (2) Minimization of conversion In a case in which the Secretary makes a determination under paragraph (1), the Federal program shall minimize the conversion of farmland described in subsection (a)(2) to the maximum extent practicable. (e) Information The Secretary may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information— (1) useful in restoring, maintaining, and improving the quantity and quality of farmland; and (2) concerning the location of permanently protected farmland. (f) Assistance The Secretary shall provide assistance to departments, agencies, independent commissions, and other units of the Federal Government, on request, in using the process and criteria developed under subsection (c)(1). . 405. Agricultural conservation easement program Section 1265B of the Food Security Act of 1985 ( 16 U.S.C. 3865b (1) in subsection (b)— (A) in paragraph (4)(C)(iv), by striking only (B) by adding at the end the following: (6) Condition of assistance (A) In general As a condition of receiving cost-share assistance under this section, the owner of eligible land shall agree to have in place a conservation plan that addresses applicable resource concerns for the land subject to the easement, including soil health and greenhouse gas emissions reduction, not later than 3 years after the date on which the easement is granted. (B) Bureau of Indian Affairs Subparagraph (A) may be satisfied by having in place a conservation plan developed or recognized by the Bureau of Indian Affairs. ; and (2) by striking subsection (d) and inserting the following: (d) Technical Assistance The Secretary may provide technical assistance, if requested, to assist in— (1) compliance with the terms and conditions of an easement; and (2) development and implementation of a conservation plan required under subsection (b)(6), including, as applicable— (A) a conservation plan for highly erodible land required under subsection (b)(4)(C)(iv); and (B) a comprehensive conservation plan developed pursuant to subsection (e)(1). (e) Financial assistance (1) In general (A) Enrollment in CSP At the sole option of the owner of the eligible land subject to an easement, the Secretary shall provide for the automatic enrollment of the eligible land subject to the easement in the conservation stewardship program established by subchapter B of chapter 4 of subtitle D, including financial assistance for the development of a comprehensive conservation plan under section 1240L(e), if the person or entity farming the eligible land is otherwise eligible for the conservation stewardship program, as determined by the Secretary. (B) Determination of compliance In the case of eligible land enrolled in the conservation stewardship program pursuant to subparagraph (A), the Secretary shall have the sole responsibility of determining compliance with the terms of the conservation stewardship program contract. (C) Funding Funding received by an eligible entity pursuant to this paragraph shall not be considered in the calculation of costs under subsection (b). (2) Timing The owner of the eligible land subject to an easement may exercise the option under paragraph (1)(A) during the 3-year period beginning on the date on which the easement is granted. . V Pasture-Based Livestock 501. Animal raising claims The Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 H Animal Raising Claims 298A. Definitions In this subtitle: (1) Animal raising claim The term animal raising claim (A) the manner in which the source animal for the meat food product or poultry product was raised, including— (i) production practices that were used, such as living or raising conditions; and (ii) the location or source where the source animal was born, raised, and processed; or (B) the breed of the source animal. (2) Meat food product The term meat food product 21 U.S.C. 601 (3) Poultry product The term poultry product 21 U.S.C. 453 (4) Secretary The term Secretary 298B. Required verification process for animal raising claims (a) Purpose The purpose of this section is to facilitate marketing, truth in labeling, and new economic opportunities for producers and businesses using animal raising claims. (b) Standards and procedures (1) In general Not later than 2 years after the date of enactment of this subtitle, after providing notice and an opportunity to comment, and in a manner consistent with United States obligations under international agreements, t (A) mandatory standards with respect to animal raising claims, including the standards described in paragraph (2); (B) procedures— (i) to verify an animal raising claim prior to the use in commerce of any meat food product or poultry product bearing that claim; and (ii) that are incorporated seamlessly with the labeling requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 21 U.S.C. 451 (C) on-farm and supply chain auditing and verification procedures to ensure the truthfulness of animal raising claims. (2) Standards In developing and approving animal raising claim standards under paragraph (1)(A), the Secretary shall include standards relating to— (A) diet claims, including claims that the source animal was grass fed, vegetarian fed, or fed no animal byproducts; (B) living and raising condition claims, including claims that the source animal was cage free, free range, or pasture raised; (C) antibiotic and hormone claims, including claims that the source animal was raised without antibiotics, had no hormones added, or was raised without growth promotants; (D) source claims that the source animal can be traced back to its farm of origin from birth to slaughter; (E) age claims; (F) animal welfare claims; (G) environmental stewardship claims, including greenhouse gas reduction and carbon sequestration claims; (H) breed claims; and (I) any other claim that the Secretary determines appropriate. (3) Consistency with other laws The Secretary shall ensure consistency between the animal raising claim standards established under this subsection and the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 (c) Third-Party certification A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party if— (1) the claim is consistent with standards established by the Secretary under subsection (b); and (2) the procedures used by the third party to verify the claim, and for any subsequent auditing, are equivalent to the verification and auditing procedures established under subsection (b)(1)(C), as determined by the Secretary. (d) Approval process To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: (1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable— (A) from birth to harvest; or (B) for the period of raising referenced in the animal raising claim. (2) A signed and dated document describing the manner in which the source animals were raised. (3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. (4) A written description of the identification, control, and segregation of nonconforming animals or products. (5) In the case of a meat food product or poultry product certified by a third party, a current copy of the third party certificate. (e) Compliance requirements Beginning on the date that is 3 years after the date of enactment of this subtitle— (1) a person may sell or label a domestic meat food product or poultry product with an animal raising claim only if the animal raising claim and the meat food product or poultry product is in compliance with the standards established under subsection (b); and (2) an imported meat food product or poultry product may be sold or labeled with an animal raising claim if, as determined by the Secretary, the animal raising claim and the meat food product or poultry product is in compliance with a verification program that provides safeguards and guidelines that are at least equivalent to the standards established under subsection (b). (f) Violations (1) Misuse of label Any person who, after notice and an opportunity to be heard, is found by the Secretary to have knowingly sold or labeled any meat food product or poultry product with an animal raising claim in violation of this subtitle, including the standards and procedures established under subsection (b), shall be assessed a civil penalty of not more than $10,000. (2) False statement Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. (g) Effect on other laws Nothing in this section alters the authority of the Secretary under the Federal Meat Inspection Act ( 21 U.S.C. 601 21 U.S.C. 451 298C. Applicability This subtitle shall only apply to meat food products and poultry products that are subject to labeling requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 21 U.S.C. 451 298D. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subtitle. . 502. Processing resilience grant program Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 210B. Processing Resilience Grant Program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a smaller establishment or very small establishment (as those terms are defined in the final rule entitled Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems (B) a slaughtering or processing establishment subject to— (i) a State meat inspection program pursuant to section 301 of the Federal Meat Inspection Act ( 21 U.S.C. 661 (ii) a State poultry product inspection program pursuant to section 5 of the Poultry Products Inspection Act ( 21 U.S.C. 454 (C) a person, firm, or corporation engaging in custom operations that is exempt from inspection under— (i) section 23 of the Federal Meat Inspection Act ( 21 U.S.C. 623 (ii) section 15 of the Poultry Products Inspection Act ( 21 U.S.C. 464 (D) a person seeking— (i) to establish and operate an establishment described in subparagraph (A) or (B); or (ii) to engage in custom operations described in subparagraph (C). (2) Minority-owned business The term minority-owned business (3) Secretary The term Secretary (b) Grants (1) In general The Secretary shall establish a grant program under which the Secretary shall award competitive grants to eligible entities to expand meat and poultry processing capacity, create jobs in, support the health and safety of, and enhance the resilience of the farm and food sector. (2) Maximum amount The maximum amount of a grant awarded under this section shall not exceed $500,000. (c) Applications (1) In general 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 as the Secretary may require. (2) Applications for small grants The Secretary shall establish a separate, simplified application process for eligible entities applying for a grant under this section of not more than $100,000. (3) Accessibility of applications The Secretary shall ensure that applications for a grant under this section are— (A) accessible online; and (B) available through local staff of the Department of Agriculture. (4) Reapplication If an application of an eligible entity under this subsection is denied by the Secretary, the eligible entity may submit a revised application. (5) Priority In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will— (A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; (B) support an eligible entity described in subsection (a)(1)(A) that has 150 employees or fewer; or (C) support an eligible entity that is a minority-owned business. (d) Use of grant An eligible entity that receives a grant under this section shall use the grant funds to carry out activities in support of the purposes described in subsection (b)(1), including through— (1) the development and issuance of a Hazard Analysis and Critical Control Points plan for the eligible entity, which may be developed by a consultant; (2) the purchase or establishment, as applicable, of facilities, equipment, processes, and operations necessary for the eligible entity to comply with applicable requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 21 U.S.C. 451 (3) the purchase of cold storage, equipment, or transportation services; (4) the construction or purchase of humane handling infrastructure, including holding space for livestock prior to slaughter, shade structures, and knock box structures; (5) the purchase of software and computer equipment for record keeping, production data, and Hazard Analysis and Critical Control Points record review; (6) the provision of staff time and training for implementing and monitoring health and safety procedures; (7) the development of a feasibility study or business plan for establishing or expanding a small meat or poultry processing facility; and (8) other activities associated with expanding or establishing an eligible entity described in subsection (a)(1)(A), as determined by the Secretary. (e) Outreach Beginning on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. (f) Federal share The Federal share of the activities carried out using a grant awarded under this section shall not exceed 50 percent of the cost of those activities. (g) Administration The promulgation of regulations under, and administration of, this section shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; and (2) chapter 35 Paperwork Reduction Act (h) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $10,000,000 for each of fiscal years 2022 through 2030. (2) Authorization of appropriations In addition to amounts made available under paragraph (1), there is authorized to be appropriated to the Secretary to carry out this section $15,000,000 for each of fiscal years 2022 through 2030. . 503. Conservation of private grazing land (a) Purpose Section 1240M(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(a) (1) in paragraph (6), by inserting conserving water and improving (2) in paragraph (7), by striking and (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (9) conserving and improving soil health and improving grazing system resilience in the face of climate change through advanced grazing management practices; and (10) providing support for producers transitioning from confinement and feedlot systems or continuous grazing to managed grazing-based systems, including support for pasture development and management. . (b) Definitions Section 1240M(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(b)(2) hay land perennial hay land, including silvopasture (c) Private grazing land conservation assistance Section 1240M(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(c) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting and partnerships described in paragraph (2)(B) local conservation districts (B) in subparagraph (B), by striking grazing land management technologies regionally appropriate, advanced grazing land management technologies to improve soil health and maximize carbon sequestration (C) in subparagraph (C)(iv), by inserting through integrated strategies that include rotational and multispecies grazing, integrated pest management, and other ecological practices brush encroachment problems (D) in subparagraph (H), by striking and (E) in subparagraph (I), by striking the period at the end and inserting ; and (F) by adding at the end the following: (J) assisting producers in transitioning from confinement or feedlot systems or continuous grazing to managed grazing-based systems, including assistance in pasture development and management. ; and (2) by striking paragraph (2) and inserting the following: (2) Program elements (A) Technical assistance and education Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, including owners and managers interested in developing new or improved pasture or grazing-based systems on the land of the owners and managers, at the request of the owners and managers. (B) Partnerships In carrying out the program under this section, the Secretary shall provide research, demonstration, education (including conferences, workshops, field days, and trainings), workforce training, planning, and outreach activities through partnerships with— (i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (ii) nongovernmental organizations; and (iii) Tribal organizations. (C) Grants (i) In general In carrying out the program under this section, the Secretary shall provide funds on a competitive basis to partnerships described in subparagraph (B) to use for State or local action grants to conduct grazing land research, demonstration, education, workforce training, planning, and outreach projects. (ii) Duration Grants made by partnerships under this subparagraph shall be for a period not to exceed 3 years. (iii) Cost sharing A partnership that receives funding under this subparagraph shall ensure that any funded project provides, from non-Federal sources, funds or in-kind support valued at not less than 25 percent of the total cost of the project. (iv) Limitation on indirect costs A partnership that receives funding under this subparagraph may not use more than 15 percent of the total cost of the project for the indirect costs of carrying out the project. (v) Priority A partnership that receives funding under this subparagraph shall give priority to projects that— (I) focus on sustainable grazing management systems and techniques that assist producers with multiple ecosystem services, including climate change adaptation and mitigation; and (II) involve beginning farmers and ranchers, socially disadvantaged farmers and ranchers, Tribal producers, or new graziers (including State or federally registered apprenticeships). . (d) Grazing technical assistance self-Help Section 1240M(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(d) (1) in paragraph (1)(A), by inserting and for those interested in beginning grazing (2) in paragraph (2), by striking may establish 2 may establish (3) in paragraph (3)(C)— (A) in clause (ii), by striking and (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) will improve climate change adaptation and mitigation; and . (e) Authorization of appropriations Section 1240M of the Food Security Act of 1985 ( 16 U.S.C. 3839bb (e) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. (2) Grants Of the funds made available under paragraph (1), the Secretary shall use not more than 40 percent to carry out subsection (c)(2)(C). (3) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2022 through 2030. . 504. Conservation reserve program (a) Conservation reserve Section 1231(d) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d) (1) in paragraph (1)— (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period at the end and inserting ; and (C) by adding at the end the following: (F) fiscal years 2024 through 2030, not more than 32,000,000 acres. ; and (2) in paragraph (2)(A)— (A) in clause (i), by striking and (B) in clause (ii)(III), by striking the period at the end and inserting ; and (C) by adding at the end the following: (iii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 7,000,000 acres of land described in subsection (b)(3) by September 30, 2030, of which 5,000,000 acres shall be reserved for the pilot program established under section 1231C(c). . (b) Pilot programs Section 1231C of the Food Security Act of 1985 ( 16 U.S.C. 3831c (c) Grassland 30 (1) In general (A) Enrollment The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a Grassland 30 contract (B) Inclusion of acreage limitation For purposes of applying the limitations in section 1231(d)(1), the Secretary shall include acres of land enrolled under this subsection. (2) Eligible land Eligible land for enrollment through a Grassland 30 contract— (A) is land that is eligible to be enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2); and (B) shall not be limited to land that is subject to an expired covered contract. (3) Expired conservation contract election (A) Definition of covered contract In this paragraph, the term covered contract (i) expires on or after the date of enactment of this subsection; and (ii) covers land enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2). (B) Election On the expiration of a covered contract, an owner or operator party to the covered contract shall elect— (i) not to reenroll the land under the contract; (ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or (iii) not to reenroll the land under the contract and to enroll that land through a Grassland 30 contract under this subsection. (4) Term The term of a Grassland 30 contract shall be 30 years. (5) Agreements To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary— (A) to implement a conservation reserve plan developed for the land; (B) to comply with the terms and conditions of the contract and any related agreements; and (C) to temporarily suspend the base history for the land covered by the contract. (6) Terms and conditions of Grassland 30 contracts (A) In general A Grassland 30 contract— (i) shall include terms and conditions that promote sustainable grazing systems, protect and enhance soil carbon levels, and are compatible with wildlife habitat conservation, as determined by the Secretary; and (ii) may include any additional provision that the Secretary determines is appropriate to carry out this subsection or facilitate the practical administration of this subsection. (B) Violation On the violation of a term or condition of a Grassland 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary. (C) Compatible uses Land subject to a Grassland 30 contract may be used for compatible economic uses, including hunting and fishing, if the use— (i) is specifically permitted by the conservation reserve plan developed for the land; and (ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established. (7) Compensation (A) Amount of payments The Secretary shall provide payment under this subsection to an owner of land enrolled through a Grassland 30 contract using 30 annual payments in an amount equal to the amount that would be used if the land were to be enrolled in the conservation reserve program under section 1231(d)(2). (B) Form of payment Compensation for a Grassland 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A). (C) Timing The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year. (D) Payments to others The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section— (i) dies; (ii) becomes incompetent; (iii) is succeeded by another person or entity who renders or completes the required performance; or (iv) is otherwise unable to receive the payment. (8) Technical assistance (A) In general The Secretary shall assist owners in complying with the terms and conditions of a Grassland 30 contract. (B) Contracts or agreements The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a Grassland 30 contract if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program. (9) Administration (A) Conservation reserve plan The Secretary shall develop a conservation reserve plan for any land subject to a Grassland 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land, including the protection and enhancement of soil carbon levels. (B) Delegation of contract administration (i) Federal, State, Tribal, or local government agencies The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, Tribal, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities. (ii) Conservation organizations The Secretary may delegate any management responsibilities of the Secretary under this subsection to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources. . 505. Alternative Manure Management Program Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839bb 1240T. Alternative manure management program (a) Definitions In this section: (1) Eligible producer The term eligible producer (2) Non-digester dairy or livestock methane management method The term non-digester dairy or livestock methane management method (A) onsite open solar drying or composting of manure; (B) conversion of dairy and livestock operations to pasture-based management; (C) solid separation technologies; (D) scrape conversion; and (E) other strategies to mitigate methane emissions from manure management, as determined by the Secretary. (3) Onsite open solar drying or composting of manure The term onsite open solar drying or composting of manure (4) Pasture-based management The term pasture-based management (5) Program The term program (6) Scrape conversion The term scrape conversion (7) Solid separation technology The term solid separation technology (b) Establishment The Secretary shall establish an alternative manure management program to support non-digester dairy and livestock methane management method strategies to effectively reduce greenhouse gas emissions and maximize environmental benefits. (c) Payments During each of fiscal years 2022 through 2030, the Secretary shall provide payments to eligible producers that enter into contracts with the Secretary under the program. (d) Practices Each eligible producer requesting funding for a project under the program shall include at least 1 of the following project components that reduce baseline methane emissions on the operation of the eligible producer: (1) Conversion of a dairy or livestock operation to pasture-based management that eliminates or reduces the quantity of manure stored in anaerobic conditions, including— (A) conversion of a non-pasture dairy or livestock operation to pasture-based management; (B) increasing the amount of time livestock spend at pasture at an existing pasture operation; or (C) improving pasture-based management, including transitioning to managed rotational grazing. (2) Alternative manure treatment and storage practices, including— (A) installation of a compost-bedded pack barn that composts manure; (B) installation of slatted floor pit storage manure collection that must be cleaned out at least monthly; or (C) other similar practices, as determined by the Secretary. (3) Conversion to a solid separation technology system in which manure solids are separated prior to entry into a wet, anaerobic environment at a dairy or livestock operation, or installation of a new solid separation technology system with significantly higher separation efficiency than the existing solid separation system, in conjunction with 1 or more of the following practices: (A) Onsite open solar drying or composting of manure. (B) Solar drying in an enclosed environment. (C) Forced evaporation with natural-gas fueled dryers. (D) Storage of manure in unconfined piles or stacks. (E) Composting in an enclosed vessel, with forced aeration and continuous mixing. (F) Composting in piles with forced aeration but no mixing. (G) Composting in intensive windrows with regular turning for mixing and aeration. (H) Composting in passive windrows with infrequent turning for mixing and aeration. (4) Scrape conversion in conjunction with 1 of the practices described in paragraph (3). (e) Term A contract under the program shall have a term that does not exceed 3 years. (f) Payments (1) Availability of payments Payments provided to an eligible producer under this section may be used to implement 1 or more practices described in subsection (d). (2) Payment amounts The Secretary may provide a payment to an eligible producer under the program for an amount that is not more than 100 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, and training relating to implementing a practice described in subsection (d). (3) 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 program that exceed $750,000 during any 5-year period. (4) Advanced payments The Secretary shall provide not less than 50 percent of the amount of total payments to an eligible producer in advance for all costs relating to purchasing materials and equipment or contracting. (g) 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 program if— (A) the producer agrees to the modification or termination; and (B) the Secretary determines that the modification or termination is in the public interest. (2) Involuntary termination The Secretary may terminate a contract under the program if the Secretary determines that the eligible producer violated the contract. (h) Cluster applications The Secretary shall establish procedures under which— (1) groups of eligible producers may submit a joint application in order to facilitate centralized composting facilities; and (2) the Secretary shall apportion payments to each eligible producer associated with such a joint application. (i) Evaluation of applications (1) Evaluation criteria The Secretary shall develop criteria for evaluating applications that will ensure that the purposes of the program are fulfilled in a cost effective manner and in a manner that will maximize greenhouse gas emissions reductions and overall environmental benefits. (2) Grouping of applications The Secretary may group and evaluate applications relative to other applications for similar farming operations. (j) Duties of producers To receive payments under the program, an eligible producer shall agree— (1) to implement a program plan that describes the greenhouse gas emissions reductions and other environmental benefits to be achieved through 1 or more practices described in subsection (d) that are approved by the Secretary; (2) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and (3) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan. (k) Duties of the Secretary The Secretary shall— (1) determine and publish factors for estimating the emissions reductions for each program practice described in subsection (d) to aid eligible producers in the development of applications and program plans; and (2) assist an eligible producer in achieving the greenhouse gas emissions reduction and other environmental goals of the program plan by— (A) providing payments for developing and implementing 1 or more practices, as appropriate; and (B) providing the producer with information, technical assistance, and training to aid in implementation of the plan. (l) Commodity Credit Corporation (1) In general The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the program, including the provision of technical assistance. (2) Funding To the maximum extent practicable, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000,000 for the period of fiscal years 2022 through 2030. . VI On-Farm Renewable Energy 601. Rural Energy For America Program Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking and renewable energy development , renewable energy development, and the reduction of carbon dioxide and carbon dioxide equivalent emissions (B) in paragraph (2), by striking and renewable energy systems , renewable energy systems, and carbon dioxide and carbon dioxide equivalent emissions reductions (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (D), by striking and (ii) by redesignating subparagraph (E) as subparagraph (G); and (iii) by inserting after subparagraph (D) the following: (E) a nonprofit corporation; (F) an agricultural cooperative or producer group; and ; (B) in paragraph (3)(D), by inserting before the semicolon at the end the following: , including carbon dioxide and carbon dioxide equivalent emissions reductions (C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting , agricultural processors, agricultural producers (ii) in subparagraph (A), by striking and (iii) in subparagraph (B)(ii), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (C) assisting in the development of feasibility studies and plans for implementing recommendations provided under subparagraph (B). ; (3) in subsection (c)— (A) in paragraph (1)(A)(i), by inserting , agricultural processors, agricultural producers (B) in paragraph (2)— (i) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (ii) by inserting after subparagraph (E) the following: (F) carbon accounting assessments developed under subsection (d) with respect to the renewable energy system to be installed or the energy efficiency upgrade to be undertaken; ; (C) in paragraph (3)— (i) in subparagraph (A), by striking The amount 25 percent Except as provided in subparagraph (F), the amount of a grant under this subsection shall not exceed 50 percent (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (iii) by inserting after subparagraph (B) the following: (C) Maximum percentage of loan guarantee The portion of a loan that the Secretary may guarantee under this section shall be— (i) in the case of a loan in the amount of not less than $1,000,000, 80 percent of the principal amount of the loan; and (ii) in the case of a loan in an amount less than $1,000,000, 90 percent of the principal amount of the loan. ; (iv) in subparagraph (E) (as so redesignated), by striking subsection (f) subsection (h) (v) by adding at the end the following: (F) Underserved producers The amount of a grant provided under this subsection to an agricultural producer who is a beginning farmer or rancher, a socially disadvantaged farmer or rancher, or a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation and Trade Act of 1990 ( 7 U.S.C. 2279(a) ; (D) in paragraph (4), by adding at the end the following: (F) Pre-approved technologies In order to streamline the adoption of renewable energy systems and energy efficiency improvements, the Secretary shall develop a streamlined application process for projects utilizing pre-approved products and technologies included on the list described in paragraph (5). ; and (E) by adding at the end the following: (5) Pre-approved list The Secretary shall, beginning in fiscal year 2022— (A) develop a list of pre-approved technologies and products for purposes of paragraph (4)(F); and (B) update that list every 2 fiscal years. (6) Priority In making grants or loan guarantees under this subsection, the Secretary shall give priority to proposed projects that utilize technologies— (A) with a substantially low carbon footprint; or (B) that would result in significant net decreases of carbon dioxide and carbon dioxide equivalent emissions, as determined by the Secretary using the carbon accounting assessments developed under subsection (d). ; (4) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; (5) by inserting after subsection (c) the following: (d) Carbon accounting (1) In general Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2021 (2) Program guidance The Secretary shall, to the maximum extent practicable, use the carbon accounting assessments developed under paragraph (1) as guides in carrying out this section. (e) Regional demonstration projects (1) In general The Secretary shall carry out regional demonstration projects that incentivize agricultural producers to reduce their carbon footprint or overall carbon equivalent emissions to the maximum extent practicable through the use of energy efficiency improvements and renewable energy systems. (2) Publicization The Secretary shall publicize the results of the regional demonstration projects carried out under paragraph (1). ; (6) in subsection (f) (as so redesignated)— (A) in the subsection heading, by inserting and technical assistance Outreach (B) by striking The Secretary shall Using funds made available under subsection (h)(4), the Secretary shall (C) by inserting and technical assistance outreach (D) by inserting or provided, as applicable, conducted (7) in subsection (g) (as so redesignated), by striking subsection (f) subsection (h) (8) in subsection (h) (as so redesignated)— (A) in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following: (A) $50,000,000 for each of fiscal years 2014 through 2021; (B) $100,000,000 for fiscal year 2022; (C) $200,000,000 for fiscal year 2023; (D) $300,000,000 for fiscal year 2024; and (E) $400,000,000 for fiscal year 2025 and each fiscal year thereafter. ; (B) in paragraph (2)(B), by striking become available be used (C) by adding at the end the following: (4) Administrative expenses Of the funds made available to carry out this section for a fiscal year, the Secretary shall use not more than 8 percent for administrative expenses. (5) Reservation of funds Of the funds made available to carry out this section for a fiscal year, the Secretary may reserve— (A) not more than 10 percent to provide grants under subsection (c) to support the adoption of underutilized but proven commercial technologies; and (B) not more than 5 percent to carry out subsection (e). . 602. Study on dual-use renewable energy systems (a) Definition of dual-Use renewable energy system In this section, the term dual-use renewable energy system (b) Study The Secretary shall conduct a study on dual-use renewable energy systems that shall include— (1) an assessment of the compatibility of different species of livestock with different dual-use renewable energy system designs, including— (A) the optimal height of and distance between solar panels for— (i) livestock grazing; and (ii) shade for livestock; (B) manure management considerations; (C) fencing requirements; and (D) other animal handling considerations; (2) an assessment of the compatibility of different crop types with different dual-use renewable energy system designs, including— (A) the optimal height of and distance between solar panels for— (i) plant shading; and (ii) farm equipment use; (B) the impact on crop yield; and (C) market opportunities to sell crops at a premium price; and (3) a risk-benefit analysis of dual-use renewable energy systems in different regions of the United States, including a comparison between the total greenhouse gas impact of dual-use renewable energy systems and renewable energy systems that displace agricultural production. (c) 5-Year plan Based on the study under subsection (b), the Secretary shall develop a 5-year plan for using the research and extension activities of the Department of Agriculture to better support dual-use renewable energy systems that do not displace agricultural production. (d) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study conducted under subsection (b). 603. AgSTAR program (a) In general The Secretary shall maintain the program known as the AgSTAR program (1) support the use of anaerobic digestion in the agricultural sector to reduce methane emissions from livestock waste; (2) conduct outreach, education, and training on anaerobic digestion of livestock waste; (3) provide technical and regulatory assistance on anaerobic digestion of livestock waste to stakeholders, including farmers and ranchers, on issues including— (A) permitting; (B) codigestion of multiple organic wastes in one digester; and (C) interconnection to physically link a digester to the electrical power grid; (4) promote centralized, multifarm digesters that use livestock waste from more than 1 farm or ranch; (5) collect and report data on anaerobic digestion of livestock waste; and (6) maintain a database of on-farm anaerobic digester projects in the United States. (b) Transition from EPA (1) In general The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). (2) Deadline The Administrator of the Environmental Protection Agency shall finish carrying out paragraph (1) by not later than 1 year after the date of enactment of this Act, such that the Secretary has sole jurisdiction of the AgSTAR program by that date. (c) Administration The Secretary shall carry out the AgSTAR program through the Chief of the Natural Resources Conservation Service— (1) in coordination with the Administrator of the Environmental Protection Agency and other Federal agencies as necessary; and (2) in partnership with the climate hubs, cooperative extension services, and agencies of the Department of Agriculture. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the AgSTAR program not more than $5,000,000 for each fiscal year. VII Food Loss and Waste A Food Date Labeling 701. Definitions In this subtitle: (1) Administering Secretaries The term administering Secretaries (A) the Secretary, with respect to any product that is— (i) under the jurisdiction of the Secretary; and (ii) (I) a poultry product (as defined in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 (II) a meat food product (as defined in section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 (III) an egg product (as defined in section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 (B) the Secretary of Health and Human Services, with respect to any product that is— (i) under the jurisdiction of the Secretary of Health and Human Services; and (ii) a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 (2) Discard date The term discard date (3) Food labeler The term food labeler (4) Quality date The term quality date (A) the quality of the product may begin to deteriorate; but (B) the product remains apparently wholesome food (as defined in subsection (b) of the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791(b) 702. Quality dates and discard dates (a) Quality dates (1) In general If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2). (2) Uniform phrase The uniform quality date label phrase under this paragraph shall be BEST If Used By BB (3) Option of the labeler The decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (b) Discard dates (1) In general If a food labeler includes a discard date on food packaging, the label shall use the uniform discard date label phrase under paragraph (2). (2) Uniform phrase The uniform discard date label phrase under this paragraph shall be USE By UB (3) Option of the labeler The decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (c) Quality date and discard date labeling (1) In general The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase— (A) shall be— (i) in single easy-to-read type style; and (ii) located in a conspicuous place on the package of the food; and (B) may be on the label or, at the discretion of the food labeler, elsewhere on the package. (2) Date format Each quality date and discard date shall be stated in terms of day and month and, as appropriate, year. (3) Abbreviations A food labeler may use a standard abbreviation of BB UB (4) Freeze by A food labeler may add or Freeze By (d) Education Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and discard date food labels. (e) Rules of construction; preemption (1) Infant formula This title and the amendments made by this title shall not— (A) apply to infant formula (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 (B) affect the requirements relating to infant formula established under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a (2) Sale or donation of food based on discard date Nothing in this title or an amendment made by this title prohibits any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date. (3) Time temperature indicator labels Nothing in this title or an amendment made by this title prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). (4) Preemption No State or political subdivision of a State may establish or continue in effect any requirement that— (A) relates to the inclusion in food labeling of a quality date or a discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this Act and the amendments made by this Act; or (B) prohibits the sale or donation of foods based on passage of the quality date. (5) Enforcement The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. (6) Savings Notwithstanding paragraph (4), nothing in this title, any amendment made by this title, or any standard or requirement imposed pursuant to this title preempts, displaces, or supplants any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including a remedy for civil damage, or a penalty for criminal conduct. 703. Misbranding (a) FDA violations Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (z) If it is food and its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021 . (b) Poultry products Section 4(h) of the Poultry Products Inspection Act ( 21 U.S.C. 453(h) (1) in paragraph (11), by striking or (2) in paragraph (12), by striking the period at the end and inserting ; or (3) by adding at the end the following: (13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021 . (c) Meat products Section 1(n) of the Federal Meat Inspection Act ( 21 U.S.C. 601(n) (1) in paragraph (11), by striking or (2) in paragraph (12), by striking the period at the end and inserting ; or (3) by adding at the end the following: (13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021 . (d) Egg products Section 7(b) of the Egg Products Inspection Act ( 21 U.S.C. 1036(b) or if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021 704. Regulations Not later than 2 years after the date of enactment of this Act, the administering Secretaries, acting jointly, shall promulgate final regulations for carrying out this title and the amendments made by this title. 705. Delayed applicability This title and the amendments made by this title shall apply only with respect to food products that are labeled on or after the date that is 2 years after the date of promulgation of final regulations under section 704. B Other Provisions 711. Composting as conservation practice (a) Definitions Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) (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 (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 a nearby community; and (B) the use of compost on a farm to improve water retention and soil health, subject to the condition that such a use shall be in compliance with applicable Federal, State, and local laws. . (b) Conservation stewardship program Section 1240I(2)(B)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21(2)(B)(i) and composting practices agriculture drainage management systems (c) 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) , including composting practices (d) Delivery of technical assistance Section 1242(h) of the Food Security Act of 1985 ( 16 U.S.C. 3842(h) (5) Development of composting practice standard In addition to conducting a review of any composting facilities practice standard under this subsection, the Secretary shall develop and implement a composting practice standard. . 712. Amendments to Federal Food Donation Act (a) Purpose Section 2 of the Federal Food Donation Act of 2008 ( Public Law 110–247 42 U.S.C. 1792 encourage require (b) Definitions Section 3 of the Federal Food Donation Act of 2008 ( Public Law 110–247 42 U.S.C. 1792 (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: (3) Executive agency The term executive agency . (c) Report on food waste by certain Federal contractors Section 4 of the Federal Food Donation Act of 2008 ( 42 U.S.C. 1792 (1) by striking subsection (a) and inserting the following: (a) In general (1) Requirement Not later than 180 days after the date of enactment of the Agriculture Resilience Act of 2021 (A) requires the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; (B) states the terms and conditions described in subsection (b); and (C) requires the submission of a report, annually if applicable— (i) in a form and manner specified by the executive agency awarding the contract; and (ii) that describes, for each month of performance of the contract during the period covered by the report, the weight of apparently wholesome food that was disposed of pursuant to the contract by— (I) donation, organized by the name of the organization receiving the food; (II) composting or other recycling; or (III) discarding, organized by the reason that the food was discarded. (2) Exception Paragraph (1) shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the Agriculture Resilience Act of 2021 ; and (2) by adding at the end the following: (c) Application to Congress (1) Contracts This Act shall apply to the House of Representatives and the Senate, and to contracts entered into by the House of Representatives and the Senate, in the same manner and to the same extent as this Act applies to an executive agency and to contracts entered into by an executive agency pursuant to this Act. (2) Administration For purposes of carrying out paragraph (1)— (A) the Chief Administrative Officer of the House of Representatives shall be considered to be the head of the House of Representatives; and (B) the Secretary of the Senate shall be considered to be the head of the Senate. (d) Reports (1) Report to OMB Not later than 30 days after the date on which an executive agency receives a report described in subsection (a)(1)(C), the executive agency shall submit a copy of the report to the Director of the Office of Management and Budget. (2) Report to Congress The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received under paragraph (1) during the year covered by the report to Congress. . (d) Authorization of appropriations The Federal Food Donation Act of 2008 ( Public Law 110–247 5. Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this Act $10,000,000 for fiscal year 2022 and each fiscal year thereafter. . 713. Grants for composting and anaerobic digestion food waste-to-energy projects (a) In general Subtitle G of the Solid Waste Disposal Act ( 42 U.S.C. 6971 7011. Grants for composting and anaerobic digestion food waste-to-energy projects (a) Definition of State In this section, the term State (1) each of the several States; (2) the District of Columbia; (3) each territory or possession of the United States; and (4) each federally recognized Indian Tribe. (b) Grants The Administrator shall establish a grant program to award grants to States eligible to receive the grants under subsection (c)(1) to construct large-scale composting or anaerobic digestion food waste-to-energy projects. (c) Eligible States (1) Eligibility To be eligible to receive a grant under this section, a State shall— (A) have in effect a plan to limit the quantity of food waste that may be disposed of in landfills in the State; and (B) provide to the Administrator— (i) a written commitment that the State has read and agrees to comply with the Food Recovery Hierarchy of the Environmental Protection Agency, particularly as applied to apparently wholesome food (as defined in section 22(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1791(b) (ii) a written end-product recycling plan that provides for the beneficial use of the material resulting from any anaerobic digestion food waste-to-energy operation with respect to which the grant is made, in a manner that meets all applicable Federal, State, and local laws that protect human health and the environment. (2) Limitation A grant under subsection (b) may not be used for an anaerobic digester that uses solely manure as undigested biomass. (3) Preference The Administrator shall give preference to grants under subsection (b) for anaerobic digesters that use primarily nonedible food, crop waste, or nonedible food and crop waste as undigested biomass. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each fiscal year. . (b) Clerical amendment The table of contents for the Solid Waste Disposal Act ( 42 U.S.C. 6901 Sec. 7011. Grants for composting and anaerobic digestion food waste-to-energy projects. . 714. School food waste reduction grant program (a) In general Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 (a) School food waste reduction grant program (1) Definition of eligible local educational agency In this subsection, the term eligible local educational agency 42 U.S.C. 1773 (2) Establishment The Secretary shall carry out a program to make grants, on a competitive basis, to eligible local educational agencies to carry out food waste measurement, prevention, and reduction projects. (3) Regional balance In awarding grants under this subsection, the Secretary shall, to the maximum extent practicable, ensure— (A) that a grant is awarded to an eligible local educational agency in each region served by the Administrator of the Food and Nutrition Service; and (B) equitable treatment of rural, urban, and tribal communities. (4) Grants (A) Application To be eligible to receive a grant under this subsection, an eligible local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Priority In making grants under this subsection, the Secretary shall give priority to an eligible local educational agency that demonstrates in the application submitted under subparagraph (A) that the grant will be used— (i) to carry out experiential education activities that encourage children enrolled in the eligible local educational agency to participate in food waste measurement and education; (ii) to prioritize the best use of food in accordance with the Food Recovery Hierarchy published by the Administrator of the Environmental Protection Agency; (iii) with respect to food waste prevention and reduction, to collaborate with other eligible local educational agencies, Indian Tribes, nongovernmental and community-based organizations, and other community partners; (iv) to establish a food waste measurement, prevention, and reduction project with long-term sustainability; and (v) to evaluate the activities described in clauses (i) through (iv) and make evaluation plans. (C) Use of funds An eligible local educational agency that receives a grant under this subsection shall use the grant to carry out 1 or more of the following activities: (i) Planning a food waste measurement, prevention, and reduction project. (ii) Implementing a food waste measurement, prevention, and reduction project. (iii) Providing training to support a food waste measurement, prevention, and reduction project. (iv) Purchasing equipment to support a food waste measurement, prevention, and reduction project. (v) Offering food waste education to students enrolled in the eligible local educational agency. (D) Cost-sharing (i) In general The amount of a grant provided under this subsection shall not exceed 75 percent of the total cost of the project for which the grant is provided. (ii) Non-federal share An eligible local educational agency that receives a grant under this subsection shall use non-Federal funds in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources, to pay for the remaining cost of the project for which the grant is provided. (5) Evaluation (A) Cooperation As a condition of receiving a grant under this subsection, each eligible local educational agency shall agree to cooperate in an evaluation by the Secretary of the project carried out by the eligible local educational agency as part of the evaluation conducted by the Secretary under subparagraph (B). (B) Periodic evaluation Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2021 (i) the amount of Federal funds used to award those grants; and (ii) an evaluation of the outcomes of the projects carried out using those grants. (C) Report The Secretary shall submit to Congress as a report each evaluation carried out under subparagraph (B). . (b) Technical Section 21(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769b–1(b) (1) in paragraph (2), by striking and (2) in paragraph (3), by striking the period at the end and inserting ; and (3) by adding at the end the following: (4) food waste measurement, prevention, and reduction. .

Summary: Agriculture Resilience Act of 2021 This bill establishes, expands, and revises multiple programs and activities of the Department of Agriculture (USDA) primarily to reduce carbon emissions from the agriculture sector. Specifically, USDA must finalize and implement a plan to achieve net-zero emissions from the sector by 2040. USDA must periodically review and revise the plan, as necessary, and annually report on its implementation. Additionally, the bill expands the scope of various USDA research, extension, and education programs; conservation programs; and livestock programs to incorporate climate change adaption and mitigation. Expanded activities include efforts to improve soil health and preserve farmland and grassland. Further, the bill changes programs that support renewable energy in rural areas to address carbon emissions in the agriculture sector. Among these changes, the bill provides statutory authority for a program for reducing methane emissions from livestock waste that is carried out by the Environmental Protection Agency and transitions the program to USDA. The bill also addresses food waste, for example, by (1) standardizing the voluntary labels used by food producers to indicate the date by which food should be used or discarded, and (2) making composting activities eligible for support through USDA conservation programs. Moreover, the bill establishes grants to reduce and prevent food waste in landfills and in schools.