118 S1016 IS: Agriculture Resilience Act of 2023
U.S. Senate
2023-03-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 1016
IN THE SENATE OF THE UNITED STATES
March 28, 2023
Mr. Heinrich (for himself, Mrs. Gillibrand, Mr. Welch, Ms. Smith, Mr. Blumenthal, Mr. Booker, Mr. Murphy, Ms. Baldwin, Mr. Markey, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
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 2023”.
(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. Long-Term Agroecosystem Research Network.
Sec. 205. Public breed and cultivar research.
Sec. 206. ARS Climate Scientist Career Development Program.
Sec. 207. Agricultural Climate Adaptation and Mitigation through AFRI.
Sec. 208. Specialty crop research initiative.
Sec. 209. Integrated pest management.
Sec. 210. 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. Conservation compliance.
Sec. 307. 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. Farmland Protection Policy Act.
Sec. 404. 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. Agrivoltaic 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.
Sec. 715. Support for national media campaigns to decrease incidence of food waste.
Sec. 716. Food waste research program.
2.

Definition of Secretary
In this Act, the term Secretary means the Secretary of Agriculture.
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 2023—
(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, perennial production 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 systems and practices (including diverse crop rotations, cover cropping, and conservation tillage), perennial crop and grass-based livestock production systems, agroforestry, composting, advanced nutrient budgeting and biologically based nutrient management, advanced grazing management (including silvopasture and management-intensive rotational grazing), and integrated crop-livestock systems—
(i)
to reduce nitrous oxide emissions from agricultural soils, as compared to those levels during calendar year 2023—
(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 2023 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)
(i)
reduce greenhouse gas emissions related to feeding of ruminants by at least—
(I)
1/3 by not later than December 31, 2030; and
(II)
1/2 by not later than December 31, 2040; and
(ii)
accomplish the reductions described in clause (i) by—
(I)
reducing nongrazing feeding of ruminants;
(II)
growing feed grains and forages with soil health and nutrient management practices that minimize net greenhouse gas emissions from cropland; and
(III)
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)
reduce greenhouse gas emissions resulting from manure management by—
(i)
immediately ceasing building any new or expanded waste lagoons for confined animal feeding operations; and
(ii)
converting—
(I)
by not later than December 31, 2030, at least 1/3 of wet manure handling and storage to non-digester dairy or livestock methane management methods (as defined in section 1240T(a) of the Food Security Act of 1985); and
(II)
by not later than December 31, 2040, at least 2/3 of wet manure handling and storage to non-digester dairy or livestock methane management methods (as so defined).
(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”), which may involve actions to be taken by other Federal agencies, to make significant and rapid progress to achieve the national goals described in section 101; and
(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) is amended—
(1)
by redesignating paragraphs (8) and (9) as paragraphs (9) and (11), respectively;
(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 negative by removing additional carbon dioxide from the atmosphere;”;
(3)
in paragraph (9) (as so redesignated), by striking “and” at the end;
(4)
by inserting after paragraph (9) (as so redesignated) the following:
“(10)
develop food systems that are healthful, sustainable, equitable, and resilient to extreme weather, other impacts of climate change, and other potential intersecting global and national disruptions; and”; and
(5)
in paragraph (11) (as so redesignated), in subparagraph (B), by inserting “and delivering to agricultural producers” after “improving”.
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) the following:
“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 decision making in light of the increased costs, opportunities, risks, and vulnerabilities associated with a changing climate; and
(2)
access to assistance to implement that decision making.
(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)
The National Oceanic and Atmospheric Administration.
(G)
The 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)), cooperative extension services (as defined in that section), and other entities;
(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)), conservation districts, and nongovernmental organizations involved in farmer outreach in the region served by the hub to assist producers in developing business plans and conservation plans that take into account emerging climate risk science with respect to crop, production, and conservation system changes that will help producers adapt to a changing climate; and
(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 et seq.), additional partnerships with farmers and nonprofit and community-based organizations to conduct applied on-farm research on climate change.
(e)

Priorities
A regional hub established under subsection (a) shall prioritize synthesis and dissemination of 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 management systems and 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 implementing soil health management systems and 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;
(B)
reduction of nitrous oxide emissions from manure deposited on grazing land; and
(C)
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 et seq.).
(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 2024 through 2028.”.
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) is amended—
(1)
in subsection (a)—
(A)
in paragraph (5), by striking “and” at the end;
(B)
in paragraph (6), by striking the period at the end and inserting “; and”; 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” and inserting “integrated crop and livestock management system or practice”; and
(ii)
by inserting “resilience,” after “profitability,”; and
(B)
by striking paragraph (3) and inserting the following:
“(3)
The term resilience means, with respect to an agricultural management system, the ability of that system to absorb and recover from climate and other disturbances, such that the system is not impacted by severe shocks.”.
(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)) is amended by striking “or Federal or State” and inserting “1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)), or Federal, State, or Tribal”.
(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) is amended—
(A)
in the section heading, by striking “Integrated management systems” and inserting “Agricultural and food system resilience initiative”;
(B)
by striking subsection (a) and inserting the following:
“(a)

Establishment
(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 to increase the resilience and climate change mitigation potential of agriculture and the food system in the context of a changing climate and related economic, social, and environmental shocks, which may include—
(A)
farmer and rancher research and demonstration grants; and
(B)
the use of an interdisciplinary approach wherever appropriate.
(2)

Purposes
The purposes of the initiative established under paragraph (1) shall be—
(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 to and control over productive resources;
(C)
to encourage producers to adopt practices and systems that provide living cover year-round throughout the farm, including through the use of cover crops and perennial plants in diversified combinations, and that are designed to support crop, livestock, and crop-livestock integrated systems that—
(i)
minimize or abate adverse climate and environmental impacts;
(ii)
increase soil carbon sequestration and storage;
(iii)
reduce soil erosion and loss of water and nutrients;
(iv)
enhance soil quality and the efficient use of on-farm and off-farm inputs;
(v)
reduce dependency on fossil fuels; and
(vi)
maintain or increase profitability and long-term productivity;
(D)
to develop knowledge and information and conduct outreach on living cover systems and practices, including greater use of perennials, and integrated crop and livestock management systems and practices to increase resilience and assist agricultural producers in the adoption of those systems and practices;
(E)
to facilitate the adoption of year-round living cover and perennial production systems supporting whole-farm integrated crop and livestock management systems and practices through demonstration projects on individual farms, including small and limited resource farms, throughout the United States; and
(F)
to evaluate and recommend appropriate policies and programs to improve food and agricultural system resilience.”; and
(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 2024 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 2013 through 2028.”.
(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) is amended to read as follows: “Agricultural and food system resilience initiative”.
(d)

Technical guides and books
Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5831) is amended—
(1)
by inserting “and outreach resources and” after “educational” each place it appears;
(2)
in subsection (a), by striking “Not later than two years after the date of the enactment of this Act, the Secretary” and inserting “The Secretary”;
(3)
in subsection (b), by striking the second sentence;
(4)
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;”;
(5)
in subsection (e), by striking “Soil Conservation” and inserting “Natural Resources Conservation”; and
(6)
in subsection (f)(2), by striking “2023” and inserting “2028”.
(e)

National training program
Section 1629 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5832) is amended—
(1)
in subsection (g)—
(A)
in paragraph (5), by striking “Soil Conservation Service and the Agricultural Stabilization and Conservation Service” and inserting “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” and inserting “Natural Resources Conservation Service”; and
(3)
in subsection (i), by inserting “, and $30,000,000 for each of fiscal years 2024 through 2028” before the period at the end.
204.

Long-Term Agroecosystem Research Network
Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624 et seq.) is amended by inserting after section 401 (as added by section 202) the following:
“402.

Long-Term Agroecosystem Research 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 Agroecosystem Research Network” (referred to in this section as the “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 standardized measurements on multiple agroecosystems and land uses, including 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, management, and analysis 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 standardized 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;
(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;
(6)
coordinate with Department of Agriculture Climate Hubs to share research findings and data insights; and
(7)
collaborate with Department of Agriculture Climate Hubs to translate research findings into educational, outreach, and technical assistance materials for agricultural producers.
(d)

Authorization of appropriations
There is authorized to be appropriated to carry out activities of the Network under this section $50,000,000 for each of fiscal years 2024 through 2028.”.
205.

Public breed and cultivar research
(a)

In general
The Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) is amended—
(1)
in subsection (a), by adding at the end the following:
“(3)

Definitions
In this section:
(A)

Conventional breeding
The term conventional breeding means the development of a new variety of an organism through controlled mating and selection without the use of transgenic methods.
(B)

Cultivar
The term cultivar means a variety of a species of plant that has been intentionally selected for use in cultivation because of the improved characteristics of that variety of the species.
(C)

Public animal breed
The term public animal breed means an animal breed 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.
(D)

Public cultivar
The term public cultivar means a 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)
with respect to which, if intellectual property rights are asserted, the intellectual property rights are in the form of plant patents or plant variety protection and not utility patents.
(E)

Public cultivar or animal breed
The term public cultivar or animal breed means—
(i)
a public animal breed; and
(ii)
a public cultivar.”; and
(2)
by adding at the end the following:
“(l)

Public breed and cultivar development funding
(1)

In general
Of the total amount of grants made under the provisions of law described in paragraph (2), the Secretary shall ensure that not less than $75,000,000 for each fiscal year is used for competitive research grants that support the development of public cultivars and animal breeds.
(2)

Applicable programs
The provisions of law referred to in paragraph (1) are—
(A)
subsections (a) and (b);
(B)
section 1672B(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(e));
(C)
sections 1619 through 1624 of that Act (7 U.S.C. 5801 et seq.);
(D)
any relevant competitive grant program authorized by section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), as determined by the Secretary; and
(E)
section 412 of that Act (7 U.S.C. 7632).
(3)

Priority
In making grants under paragraph (1), the Secretary shall give priority to high-potential research projects that lead to the release of regionally adapted public cultivars and animal breeds that assist producers in mitigating and adapting to climate change, including—
(A)
regionally adapted public cultivars and animal breeds;
(B)
public cultivars and animal breeds bred for environmental resilience, including resilience to changing climates, mitigating greenhouse gas emissions, and sequestering carbon;
(C)
public animal breeds adapted to grazing and overwintering as appropriate for the applicable production region;
(D)
public cultivars and animal breeds bred to enhance the nutritional and health outcomes of local and Native American, Alaska Native, and Native Hawaiian populations;
(E)
public cultivars and animal breeds of indigenous and place-based importance that are endangered; and
(F)
public cultivars and animal breeds with beneficial and compatible characteristics and behaviors for dual-use renewable energy-agricultural systems.
(4)

Grants
The Secretary shall ensure that—
(A)
the terms and renewal process for any competitive grants made under subsection (b) in accordance with paragraph (1) facilitates the development and commercialization of public cultivars and animal breeds through long-term grants not less than 5 years in length; and
(B)
Tribal consultation occurs to ensure public cultivar or animal breed development does not infringe on the abilities of Tribes to maintain culturally sensitive animal breeds and cultivars.
(5)

Requirement for domestic production
No person that receives title to a plant patent or plant variety protection relating to any public cultivar or animal breed developed using funds received under this subsection, and no assignee of any such person, shall grant to any person the exclusive right to use or sell that public cultivar or animal breed unless that person agrees that any cultivars or animals embodying the public cultivar or animal breed or produced through the use of the public cultivar or animal breed will be produced substantially in the United States.
(6)

Report
Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public cultivar and animal breeding research funded by the Department of Agriculture, including—
(A)
a list of public cultivars and animal breeds developed and released in a commercially available form;
(B)
areas of high-priority research;
(C)
identified research gaps relating to public cultivar and animal breed development; and
(D)
an assessment of the state of commercialization for public cultivars and animal breeds.”.
(b)

Public breed and cultivar research activities coordination
(1)

In general
Section 251 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971) is amended—
(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 cultivars and animal breeds (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 plant and animal breeding research activities funded by the Department relating to the development of public cultivars and animal breeds;
(ii)
(I)
carry out ongoing analysis and track activities for any Federal research funding supporting plant and animal breeding (including any public cultivars and animal breeds 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 cultivar and animal breed research investments across the Department to ensure that a diverse range of crop and animal needs are being met in a timely and transparent manner, with a strong focus on delivery of resource-efficient, stress-tolerant, regionally adapted public cultivar and animal breeds 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 comprised of individuals who are responsible for the management, administration, or analysis of public cultivar and animal 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)
in order to maximize delivery of public cultivars and animal breeds, 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 Colleges and Universities (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))) and federally recognized Tribes extension programs;
(IX)
nongovernmental organizations with interest or expertise in public breeding; and
(X)
public and private plant and animal breeders, including small-scale organic breeders;
(vi)
convene regular stakeholder listening sessions to provide input on national and regional priorities for public cultivar and animal breed 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.”; and
(B)
in subsection (f)(1)(D)(i), by striking “(7 U.S.C. 450i(b))” and inserting “(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)) is amended by striking “Scientist; and” and inserting “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 et seq.) is amended by adding at the end the following:
“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”) and in conjunction with the Director of the National Genetic Resources Program appointed under section 1633, shall support the development 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))) by Federal researchers.
(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 regionally adapted 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.”.
206.

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), carry out an internship program within the Agricultural Research Service for graduate students pursuing a degree or conducting research relating to climate change and agriculture.
(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 2024 through 2028.
207.

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)) is amended by adding at the end the following:
“(G)

Agricultural climate adaptation and mitigation
Agricultural climate adaptation and mitigation, including—
(i)
strategies for agricultural adaptation to climate change and drought, including strategies for small and medium-sized farms and ranches;
(ii)
on-farm mitigation strategies and solutions, including infrastructure, equipment, and ecosystems-based strategies;
(iii)
economic and social costs and benefits of adopting conservation practices to mitigate and adapt to climate change;
(iv)
ecosystem services co-benefits of reducing net greenhouse gas emissions and adapting to climate change;
(v)
new technologies, methods, and models to measure and predict greenhouse gas emissions and soil carbon sequestration; and
(vi)
the intersection of agricultural production, soil health, climate change, and human health.”.
208.

Specialty crop research initiative
Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632) is amended—
(1)
in subsection (b)—
(A)
in the matter preceding paragraph (1), by inserting “, diverse multi-crop production systems,” after “specific crops”;
(B)
in paragraph (3)(B)(ii), by striking “pesticide application systems” and inserting “ecologically based pest management, pesticide application systems,”;
(C)
in paragraph (4)(E), by striking “and” at the end;
(D)
in paragraph (5), by striking the period at the end and inserting “; and”; and
(E)
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” and inserting “in an amount that is equal to not less than 25 percent of the funds provided through the grant”.
209.

Integrated pest management
Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626) is amended—
(1)
by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively;
(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.”; and
(3)
in subsection (h) (as so redesignated), by striking “2023” and inserting “2028”.
210.

Appropriate technology transfer for rural areas program
(a)

Establishment
Section 310B(i)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(2)) is amended—
(1)
in the matter preceding subparagraph (A), by inserting “, including a beginning farmer or rancher and 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))) and a socially disadvantaged farmer or rancher (as defined in section 355(e)),” after “producers”;
(2)
in subparagraph (C), by striking “and” at the end;
(3)
by redesignating subparagraph (D) as subparagraph (E);
(4)
by inserting after subparagraph (C) the following:
“(D)
increase on-farm resilience to extreme weather by enhancing soil health and adopting other conservation practices;”;
(5)
in subparagraph (E) (as so redesignated), by striking the period at the end and inserting “; and”; and
(6)
by adding at the end the following:
“(F)
improve farm viability and strengthen local, regional, and national supply chains.”.
(b)

Implementation
Section 310B(i)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(3)) is amended by adding at the end the following:
“(C)

Eligibility for and use of other funds
A national nonprofit agricultural assistance institution that receives a grant or enters into a cooperative agreement under this subsection—
(i)
may not, as a result of that grant or cooperative agreement, be treated as ineligible for a grant under any other Federal program; and
(ii)
may utilize, in accordance with applicable law, other public and private funds made available to the institution to expand the resources and outreach of the program established under this subsection.”.
(c)

Authorization of appropriations
Section 310B(i) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)) is amended by striking paragraph (4) and inserting the following:
“(4)

Authorization of appropriations
There are authorized to be appropriated to carry out this subsection—
(A)
$5,000,000 for fiscal year 2023; and
(B)
$8,500,000 for each of fiscal years 2024 through 2028.”.
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)) is amended—
(1)
by striking “including scientifically” and inserting the following:
“including—
(I)
scientifically”;
(2)
in subclause (I) (as so designated), by striking the period at the end and inserting “; and”; 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)) is amended—
(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 2024 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)
A compost or biochar application.
(v)
An agroforestry or other perennial production system.
(vi)
Other risk-reducing and soil health-promoting farming practices, 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)) is amended by striking paragraph (3).
(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) is amended—
(1)
in the matter preceding paragraph (1), by striking “and environmental quality” and inserting “environmental quality, and climate change adaptation and mitigation”;
(2)
in paragraph (1)—
(A)
in subparagraph (B), by striking “and” at the end;
(B)
in subparagraph (C), by adding “and” at the end; and
(C)
by adding at the end the following:
“(D)
greenhouse gas emissions reduction and carbon sequestration;”;
(3)
in paragraph (3)(C), by inserting “sequestering carbon, increasing drought resilience, reducing greenhouse gas emissions, and” before “conserving energy”; and
(4)
in paragraph (4), by inserting “climate change and” before “increasing weather volatility”.
(b)

Definitions
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa–1) is amended—
(1)
in paragraph (6)(B)—
(A)
in clause (v), by striking “and” at the end;
(B)
by redesignating clause (vi) as clause (vii); and
(C)
by inserting after clause (v) the following:
“(vi)
greenhouse gas emissions reduction planning; and”;
(2)
in paragraph (7), in the matter preceding subparagraph (A), by striking “natural resource concern or problem” and inserting “resource concern”;
(3)
by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and
(4)
by inserting after paragraph (8) the following:
“(9)

Resource concern
The term resource concern means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource.”.
(c)

Establishment and administration of environmental quality incentives program
(1)

Payments
Section 1240B(d)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(d)(7)(A)) is amended—
(A)
in clause (iii), by striking “; or” and inserting a semicolon;
(B)
in clause (iv), by striking the period at the end and inserting “; or”; and
(C)
by adding at the end the following:
“(v)
increases carbon sequestration or reduces greenhouse gas emissions.”.
(2)

Allocation of funding
Section 1240B(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(f)(1)) is amended—
(A)
by striking “2023” and inserting “2031”; and
(B)
by striking “including grazing management” and inserting “of which not less than 2/3 shall be targeted at practices relating to grazing management”.
(3)

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)) is amended—
(A)
by striking paragraph (3); and
(B)
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
(4)

Conservation incentive contracts
Section 1240B(j) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(j)) is amended—
(A)
in paragraph (1)—
(i)
in subparagraph (A), by inserting “, which may include climate change adaptation and mitigation,” after “priority resource concerns”; and
(ii)
in subparagraph (B), by inserting “, which may include climate change adaptation and mitigation” before the period at the end; and
(B)
in paragraph (2)—
(i)
in subparagraph (A)(ii)—
(I)
in subclause (I), by striking “or” at the end;
(II)
in subclause (II), by striking the period at the end and inserting “; or”; and
(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.”;
(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.”; and
(iii)
in subparagraph (C)—
(I)
in clause (i), by striking “and” at the end;
(II)
in clause (ii), by striking the period at the end and inserting “; and”; and
(III)
by adding at the end the following:
“(iii)
give priority to applications that cover eligible land that, on expiration of a contract under this subsection, may be enrolled in a conservation stewardship contract under section 1240K.”.
(d)

Environmental quality incentives plan
Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa–5(a)(3)) is amended by inserting “, and a greenhouse gas emissions reduction plan” after “if applicable”.
(e)

Limitation on payments
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa–7) is amended by striking “Not including payments” and all that follows through “2023” and inserting “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)) is amended—
(A)
in paragraph (1)—
(i)
by striking “practices to address” in the first sentence and all that follows through “The funds” in the second sentence and inserting the following: “practices—
“(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” and inserting the following:
“(A)

In general
The Secretary”; and
(B)
in paragraph (2), by striking “$37,500,000 for each of fiscal years 2019 through 2031” and inserting “$37,500,000 for each of fiscal years 2019 through 2023, and $50,000,000 for each of fiscal years 2024 through 2031”.
(2)

On-farm conservation innovation trials
Section 1240H(c) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(c)) is amended—
(A)
in paragraph (1)(B)(i)—
(i)
in subclause (II), by inserting “on-farm nutrient recycling,” after “plans,”;
(ii)
in subclause (VI), by striking “and” at the end; and
(iii)
by adding at the end the following:
“(VII)
perennial production systems, including agroforestry and perennial forages and grain crops; and” ; and
(B)
in paragraph (2), in the matter preceding subparagraph (A), by striking “2019 through 2031” and inserting “2019 through 2023, $50,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2024 and 2025, and $100,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2026 through 2031”.
303.

Conservation stewardship program
(a)

Definitions
Section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa–21) is amended—
(1)
in paragraph (2)—
(A)
in subparagraph (A), by inserting “enhancements,” after “practices,”; and
(B)
in subparagraph (B)(v), by inserting “and climate change” before the period at the end;
(2)
in paragraph (3)(C), by inserting “maintained, actively” after “implemented,”;
(3)
in paragraph (5), in the matter preceding subparagraph (A), by striking “natural resource concern or problem” and inserting “resource concern”;
(4)
by redesignating paragraph (7) as paragraph (8); and
(5)
by inserting after paragraph (6) the following:
“(7)

Resource concern
The term resource concern means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource.”.
(b)

Conservation Stewardship Program
Section 1240J(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–22(a)) is amended 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)) is amended by striking “improving, maintaining, and managing” and inserting “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)) is amended—
(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)) is amended—
(A)
in paragraph (3)—
(i)
by striking subparagraph (B);
(ii)
in subparagraph (A), by striking “; or” at the end and inserting “, if applicable.”; and
(iii)
by striking “period—” in the matter preceding subparagraph (A) and all that follows through “to meet” in subparagraph (A) and inserting “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” and inserting the following:
“(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)) is amended by inserting “(which may include climate change adaptation and mitigation)” after “priority resource concerns”.
(2)

Conservation stewardship payments
Section 1240L(c) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(c)) is amended—
(A)
in paragraph (1)—
(i)
in subparagraph (A), by inserting “on 1 or more types of eligible land covered by the contract” after “activities”; and
(ii)
in subparagraph (B), by striking “improving, maintaining, and managing” and inserting “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, resource-conserving cropping or grazing, or perennial production system; or
(IV)
acreage converted to conservation uses.”; and
(ii)
in subparagraph (E), by inserting “, actively managed, and, where applicable, improved” after “maintained”; and
(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)) is amended—
(A)
in the subsection heading, by inserting “, perennial production systems,” after “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 means—
(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” at the end;
(ii)
in subparagraph (B), by striking the period at the end and inserting “; or”; and
(iii)
by adding at the end the following:
“(C)
a perennial production system.”; and
(D)
in paragraph (3), by striking “or advanced grazing management” and inserting “, 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)) is amended—
(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 et seq.); or
(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” and inserting the following: “plan that—
“(A)
meets”.
(5)

Payment limitations
Section 1240L(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(f)) is amended—
(A)
by inserting “(including a joint venture and a general partnership)” after “A person or legal entity”; and
(B)
by striking “fiscal years 2019 through 2023” and inserting “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)) is amended by inserting “, and producers transitioning to organic production systems,” after “organic producers”.
(7)

Soil health
Section 1240L(k) of the Food Security Act of 1985 (16 U.S.C. 3839aa–24(k)) is amended by striking the period at the end and inserting the following:
“, 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 et seq.) is amended by adding at the end the following:
“1240L–2.

On-farm conservation stewardship innovation grants
(a)

Definition of agricultural professional
In this section, the term agricultural professional means a university researcher or educator, including an extension agent or specialist, Federal agency field staff, an agricultural consultant, State and local agency staff, Tribal agency staff, a Federally-Recognized Tribes Extension Program agent, and nonprofit organization staff assisting farmers and ranchers at the local level.
(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.”.
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 et seq.) is amended by adding at the end the following:
“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 2024 through 2028 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 2024 and 2025;
(2)
$80,000,000 for each of fiscal years 2026 and 2027; and
(3)
$100,000,000 for fiscal year 2028 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)) is amended—
(A)
in paragraph (1)—
(i)
in subparagraph (A), by inserting “, and $17,000,000 for the period of fiscal years 2024 through 2028,” after “2023”; and
(ii)
in subparagraph (B), by inserting “and $70,000,000 for the period of fiscal years 2024 through 2028, including not more than $5,000,000 to provide outreach and technical assistance,” after “technical assistance,”;
(B)
in paragraph (2)—
(i)
in subparagraph (E), by striking “and” at the end;
(ii)
in subparagraph (F), by striking “2031.” and inserting “2023; and”; and
(iii)
by adding at the end the following:
“(G)
$700,000,000 for each of fiscal years 2024 through 2031.”; and
(C)
in paragraph (3)—
(i)
in subparagraph (A)—
(I)
in clause (iv), by striking “and” at the end;
(II)
in clause (v), by striking “each of fiscal years 2023 through 2031” and inserting “fiscal year 2023”; and
(III)
by adding at the end the following:
“(vi)
$3,000,000,000 for each of fiscal years 2024 through 2031; and” ; and
(ii)
in subparagraph (B)—
(I)
in clause (iv), by striking “and” at the end;
(II)
in clause (v), by striking “each of fiscal years 2023 through 2031.” and inserting “fiscal year 2023; and”; and
(III)
by adding at the end the following:
“(vi)
$4,000,000,000 for each of fiscal years 2024 through 2031.”.
(2)

Technical assistance
Section 1241(c) of the Food Security Act of 1985 (16 U.S.C. 3841(c)) is amended by adding at the end the following:
“(5)

Special initiative
(A)

In general
Beginning in fiscal year 2022, and each year thereafter through fiscal year 2028, 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).”.
(3)

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)) is amended—
(A)
in paragraph (1)(B), by striking “practicable—” in the matter preceding clause (i) and all that follows through the period at the end of clause (ii) and inserting “practicable, 30 percent to assist beginning farmers or ranchers and socially disadvantaged farmers or ranchers.”; and
(B)
in paragraph (4), by striking “section 2501(e)” and all that follows through the period at the end and inserting “section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))) that qualifies under paragraph (1)(B).”.
(b)

Delivery of technical assistance
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended—
(1)
in subsection (a)(2)—
(A)
by inserting “an individual,” before “a commercial entity”;
(B)
by striking “State or local” and inserting “State, local, or Tribal”; and
(C)
by striking “nutrient management planning,” and inserting “soil health planning, greenhouse gas emissions reduction planning, nutrient management planning, integrated pest management planning, agroforestry planning, organic transition planning,”;
(2)
in subsection (e)—
(A)
in paragraph (3)(A)—
(i)
by inserting “individuals,” before “commercial entities,”; and
(ii)
by striking “State or local” and inserting “State, local, or Tribal”; and
(B)
in paragraph (5), by inserting “or organic” after “sustainability”; and
(3)
in subsection (i)—
(A)
in the subsection heading, by inserting “perennial agriculture system,” after “organic,”; and
(B)
in paragraph (2), by inserting “a perennial agriculture system,” after “production,” each place it appears.
(c)

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)) is amended—
(A)
in the matter preceding subparagraph (A), by striking “incentives” and inserting “incentives, including higher payment rates, advance payments, transition payments, and farm infrastructure assistance,”;
(B)
in subparagraph (A), by striking “and” at the end; and
(C)
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)) is amended—
(A)
in clause (ii), by striking “and” at the end;
(B)
in clause (iii), by striking the period at the end and inserting “; and”; 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 2023.”.
(3)

Advanced grazing management
Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following:
“(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 2024 through 2028, the Secretary shall use to carry out this subsection not less than 2/3 of any funds available for activities relating to livestock production under conservation programs administered by the Secretary under this title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D, except for acres enrolled in that program under section 1231(d)(2)).”.
(d)

Environmental services markets
Section 1245 of the Food Security Act of 1985 (16 U.S.C. 3845) is amended by adding at the end the following:
“(f)

Greenhouse gas emissions and carbon sequestration monitoring and measurement 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 “Greenhouse Gas Emissions and Carbon Sequestration Monitoring and Measurement Federal Advisory Committee” (referred to in this subsection as the 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)
Tribal communities; and
(ix)
State agriculture agencies.
(3)

Terms
(A)

Term length
The term of a member of the advisory committee shall be 3 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 incentives, 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;
(D)
estimate uncertainty; and
(E)
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)
existing and emerging agroecosystem models;
(ii)
remote sensing data and analysis;
(iii)
soil health demonstration trials carried out under section 1240H(c)(7);
(iv)
existing and emerging public environmental services protocols, measurement systems, and benchmarks, including uncertainty predictions and measurements;
(v)
field-level measurement, including field-based data collected under section 21002(a)(2) of Public Law 117–169 (7 U.S.C. 6936 note; 136 Stat. 2018);
(vi)
the Conservation Evaluation and Monitoring Activity for the Carbon Sequestration and Greenhouse Gas Mitigation Assessment; and
(vii)
such other sources as the Secretary determines to be appropriate.
(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
Drawing on the field-based data collected under section 21002(a)(2) of Public Law 117–169 (7 U.S.C. 6936 note; 136 Stat. 2018), 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 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.

Conservation compliance
(a)

Definitions
Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended—
(1)
in paragraph (3)—
(A)
by striking “highly erodible” each place it appears; and
(B)
in subparagraph (B), by striking “and conservation treatment measures” and inserting “crop rotation and cover crop systems, and other relevant soil conservation and soil health management treatment measures”;
(2)
in paragraph (4)—
(A)
in subparagraph (A), by striking “and” at the end;
(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 inserting “and a substantial improvement in soil health conditions (including soil carbon levels) on a field or group of fields containing cropland”; and
(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” and inserting “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) is amended—
(A)
in subsection (a)—
(i)
in the matter preceding paragraph (1), by striking “produces an agricultural commodity” and all that follows through “as determined by the Secretary” and inserting “carries out an activity described in subsection (b), as determined by the Secretary,”; and
(ii)
in paragraph (1)(D), by inserting “cropland or” before “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 cropland is predominant;
(2)
the designation of land on which 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) is amended—
(A)
in subsection (a)(3)—
(i)
in the first sentence, by striking “highly erodible land” and inserting “cropland”; and
(ii)
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 the standard applied to other highly erodible” and inserting “be required to apply a conservation plan established under this subtitle consistent with the standard applied to other”;
(B)
in subsection (c)(1), by striking “highly erodible land” each place it appears and inserting “cropland”; and
(C)
in subsection (f)(4)(A)—
(i)
in clause (i), by striking “highly erodible”; and
(ii)
in clause (ii)(II), by inserting “and soil health” after “erosion control”.
(3)

Conforming amendment
Subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) is amended in the subtitle heading by striking “Highly Erodible Land” and inserting “Cropland”.
307.

National and regional agroforestry centers
Section 1243 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101–624) is amended—
(1)
by striking the section heading and inserting “National and regional agroforestry centers”;
(2)
by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (f), respectively;
(3)
by striking subsection (a) and inserting the following:
“(a)

Definition of agroforestry
In this section, the term agroforestry means a management system that intentionally integrates trees and shrubs into crop and animal farming systems to build more profitable and weather-resilient farms, ranches, and communities, address natural resource concerns and conservation needs, and establish productive and sustainable land use practices, including—
(1)
riparian forest buffers and managed waterbreaks;
(2)
alley cropping;
(3)
silvopasture;
(4)
forest farming and multistory cropping; and
(5)
windbreaks, shelterbelts, hedgerows, field borders, and living snow fences.
(b)

National and Regional Agroforestry Centers
(1)

In general
The Secretary of Agriculture (referred to in this section as the Secretary)—
(A)
shall establish at the Forestry Sciences Laboratory of the Forest Service, in Lincoln, Nebraska, a National 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 (c).”;
(4)
in subsection (c) (as so redesignated)—
(A)
in the matter preceding paragraph (1)—
(i)
by striking “Center” and inserting “Centers established under subparagraphs (A) and (B) of subsection (b)(1) (referred to in this section as the Centers)”; and
(ii)
by inserting “and organizations” after “nonprofit foundations”;
(B)
in paragraph (1)—
(i)
by striking “on semiarid lands that” and inserting “that build soil health and”; and
(ii)
by inserting “, including agroforestry systems on semiarid land and other fragile agroecosystems in which restoration of permanent woody perennial plant communities will enhance carbon sequestration and reduce greenhouse gas emissions” before the semicolon;
(C)
in paragraph (3), by striking “forestry products for commercial sale from semiarid land” and inserting “agroforestry products for commercial sale”;
(D)
in paragraph (4)—
(i)
by striking “in semiarid regions”; and
(ii)
by striking “the Great Plains region” and inserting “particular regions”;
(E)
in paragraph (5), by inserting “technical assistance and” before “technology”;
(F)
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;”;
(G)
in paragraph (7), by striking “on semiarid lands”;
(H)
in paragraph (8), by striking “on semiarid lands worldwide” and inserting “worldwide, including on semiarid land”; and
(I)
in paragraph (9)—
(i)
by striking “on semiarid lands”; and
(ii)
by inserting “and climate change” after “pollution”;
(5)
in subsection (d) (as so redesignated)—
(A)
in the matter preceding paragraph (1), by striking “Center” and inserting “Centers”;
(B)
in paragraph (1), by striking “and” at the end;
(C)
in paragraph (2), by striking the period at the end and inserting “; and”; and
(D)
by adding at the end the following:
“(3)
facilitate agroforestry adoption by disseminating comprehensive information on Federal, State, local, and Tribal programs that provide support for agroforestry.”;
(6)
by inserting after subsection (d) (as so redesignated) the following:
“(e)

Grants
The Secretary may establish regional grant programs at each of the Centers to support agroforestry projects, including demonstration farms.”; and
(7)
in subsection (f) (as so redesignated), by inserting “and $25,000,000 for each of fiscal years 2024 through 2028” after “through 2023”.
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) is amended—
(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” at the end;
(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”; 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” and inserting “, local”; and
(ii)
by inserting “, and production and marketing approaches to significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions” before the semicolon at the end;
(C)
in paragraph (5), by striking “and” at the end;
(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)—
(i)
by striking “subsection (i)” and inserting “subsection (j)”; and
(ii)
by striking “2023” and inserting “2028”;
(B)
in paragraph (2)—
(i)
in subparagraph (C)—
(I)
in clause (i), by striking “and” at the end;
(II)
in clause (ii), by adding “and” at the end; 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” and inserting the following: “producers of—
“(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” before the period at the end;
(4)
in subsection (e)(2)(A)—
(A)
by striking “subsection (i)” and inserting “subsection (j)”; and
(B)
by striking “2023” and inserting “2028”;
(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) to support—
(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)” and inserting “subsection (j)(3)(E)”; and
(8)
in subsection (j) (as so redesignated)—
(A)
in paragraph (1), by striking “fiscal year 2019” and inserting “each of fiscal years 2019 through 2023 and $150,000,000 for fiscal year 2024”;
(B)
in paragraph (3)—
(i)
in subparagraph (A)(i), by striking “35” and inserting “36”; and
(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)” and inserting “(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)) is amended by striking “$750” and inserting “$1,500”.
(b)

Mandatory funding
Section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(d)(1)) is amended by striking “shall make available” in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (C) and inserting “shall use such sums as are necessary to carry out this section.”.
403.

Farmland Protection Policy Act
(a)

Findings, Purpose, and Definitions
Section 1540 of the Agriculture and Food Act of 1981 (7 U.S.C. 4201) is amended—
(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,” after “State,”; and
(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 means—
(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” and inserting “that is suitable for”; and
(ii)
in subparagraph (C), by inserting “and is suitable” after “local importance”;
(D)
by inserting after paragraph (2) (as so redesignated) the following:
“(3)
the term farmland of national significance means farmland that is the most suitable for intensive crop and food production, as determined by the Secretary, taking into consideration, among other factors, the physical and chemical characteristics of the farmland;” ;
(E)
in paragraph (4), in the second sentence, by striking “and” at the end;
(F)
by inserting after paragraph (4) the following:
“(5)
the term permanently protected farmland means farmland encumbered by a conservation easement—
(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” at the end; 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) is amended to read as follows:
“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).”.
404.

Agricultural conservation easement program
Section 1265B of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended—
(1)
in subsection (b)—
(A)
in paragraph (4)(C)(iv), by striking “only”; and
(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 et seq.) is amended by adding at the end the following:
“H

Animal Raising Claims
298A.

Definitions
In this subtitle:
(1)

Animal raising claim
The term animal raising claim means a statement on the labeling of a meat food product or poultry product used in interstate commerce that references—
(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 has the meaning given the term in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601).
(3)

Poultry product
The term poultry product has the meaning given the term in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453).
(4)

Secretary
The term “Secretary” means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Food Safety and Inspection Service.
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 he Secretary shall establish—
(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 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); and
(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 et seq.) and any rules or regulations implementing that Act.
(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 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.).
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 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.).
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 et seq.) is amended by adding at the end the following:
“210B.

Processing resilience grant program
(a)

Definitions
In this section:
(1)

Business enterprise owned and controlled by socially and economically disadvantaged individuals
The term business enterprise owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section 3002 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5701).
(2)

Eligible entity
The term eligible entity means—
(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’ (61 Fed. Reg. 33806 (July 25, 1996)));
(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); or
(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 engaging in custom operations that is exempt from inspection under—
(i)
section 23 of the Federal Meat Inspection Act (21 U.S.C. 623); or
(ii)
section 15 of the Poultry Products Inspection Act (21 U.S.C. 464); and
(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).
(3)

Secretary
The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service.
(b)

Grants
(1)

In general
Not later than 60 days after the date of enactment of this section, the Secretary shall award competitive grants to eligible entities for activities to increase resiliency and diversification of the meat processing system, including activities that—
(A)
support the health and safety of meat and poultry plant employees, suppliers, and customers;
(B)
support increased processing capacity; and
(C)
otherwise support the resilience of the small meat and poultry processing sector.
(2)

Maximum amount
The maximum amount of a grant awarded under this section shall not exceed $500,000.
(3)

Duration
The term of a grant awarded under this section shall not exceed 3 years.
(c)

Applications
(1)

In general
An eligible entity desiring 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)

Requirements
The Secretary shall ensure that any application for a grant under this section is—
(A)
simple and practicable;
(B)
accessible online; and
(C)
available through local staff of the Department of Agriculture.
(4)

Notice
Not later than 14 days before the date on which the Secretary begins to accept applications under paragraph (1), the Secretary shall publish a notice of funding opportunity with respect to the grants available under this section.
(5)

Reapplication
If an application of an eligible entity under this subsection is denied by the Secretary, the eligible entity may submit a revised application.
(6)

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)(2)(A); or
(C)
support an eligible entity that is a business enterprise owned and controlled by socially and economically disadvantaged individuals.
(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 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.);
(3)
the purchase of cold storage, equipment, or transportation services;
(4)
the purchase of temperature screening supplies, testing for communicable diseases, disinfectant, sanitation systems, hand washing stations, and other sanitizing supplies;
(5)
the purchase and decontamination of personal protective equipment;
(6)
the construction or purchase of humane handling infrastructure, including holding space for livestock prior to slaughter, shade structures, and knock box structures;
(7)
(A)
the purchase of software and computer equipment for record keeping, production data, Hazard Analysis and Critical Control Points record review, and facilitation of marketing and sales of products in a manner consistent with the social distancing guidelines of the Centers for Disease Control and Prevention; and
(B)
the provision of guidelines and training relating to that software and computer equipment;
(8)
the provision of staff time and training for implementing and monitoring health and safety procedures;
(9)
the development of a feasibility study or business plan for, or the carrying out of any other activity associated with, establishing or expanding a small meat or poultry processing facility;
(10)
the purchase of equipment that enables the further use or value-added sale of coproducts or byproducts, such as organs, hides, and other relevant products; and
(11)
other activities associated with expanding or establishing an eligible entity described in subsection (a)(2)(A), as determined by the Secretary.
(e)

Outreach
During the period beginning on the date on which the Secretary publishes the notice under subsection (c)(4) and ending 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
(1)

In general
Subject to paragraph (2), the Federal share of the activities carried out using a grant awarded under this section shall not exceed—
(A)
90 percent in the case of a grant in the amount of $100,000 or less; or
(B)
75 percent in the case of a grant in an amount greater than $100,000.
(2)

Fiscal years 2023 and 2024
An eligible entity awarded a grant under this section during fiscal year 2023 or 2024 shall not be required to provide non-Federal matching funds with respect to the grant.
(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 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”).
(h)

Authorization of appropriations
There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $20,000,000 for each of fiscal years 2023 through 2028.”.
503.

Conservation of private grazing land
(a)

Purpose
Section 1240M(a) of the Food Security Act of 1985 (16 U.S.C. 3839bb(a)) is amended—
(1)
in paragraph (6), by inserting “conserving water and” before “improving”;
(2)
in paragraph (7), by striking “and” at the end;
(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)) is amended by striking “hay land” and inserting “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)) is amended—
(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by inserting “and partnerships described in paragraph (2)(B)” after “local conservation districts”;
(B)
by striking subparagraph (B) and inserting the following:
“(B)
planning and implementing 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” after “brush encroachment problems”;
(D)
in subparagraph (H), by striking “and” at the end;
(E)
in subparagraph (I), by striking the period at the end and inserting “; and”; 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)

Cooperative agreements
(i)

In general
In carrying out the program under this section, the Secretary shall provide funds on a competitive basis for cooperative agreements to regional, State, or local partnerships to use 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)

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.
(iv)

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 training
Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended by striking subsection (d) and inserting the following:
“(d)

Grazing technical assistance training
In carrying out the program under this section, the Secretary shall provide funds to establish training programs to foster a new generation of technical assistance providers to support advanced grazing management.”.
(e)

Funding
Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended by striking subsection (e) and inserting the following:
“(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 2024 through 2028.
(2)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2024 through 2028.
(3)

Cooperative agreements
Of the funds made available under paragraphs (1) and (2), the Secretary shall use not less than 80 percent to carry out subsection (c)(2)(C).
(4)

Technical assistance training
Of the funds made available under paragraphs (1) and (2), the Secretary shall use not more than 10 percent to carry out subsection (d).”.
504.

Conservation reserve program
(a)

Conservation reserve
Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended—
(1)
in subsection (a), by striking “2023” and inserting “2028”;
(2)
in subsection (d)—
(A)
in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following:
“(A)
fiscal year 2024, not more than 28,000,000 acres;
(B)
fiscal year 2025, not more than 29,000,000 acres;
(C)
fiscal year 2026, not more than 30,000,000 acres;
(D)
fiscal year 2027, not more than 31,000,000 acres; and
(E)
fiscal year 2028, not more than 32,000,000 acres.”; and
(B)
in paragraph (2)(A)—
(i)
in clause (i), by striking “and” at the end;
(ii)
in clause (ii)(III), by striking the period at the end and inserting “; and”; and
(iii)
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, 2028, of which not fewer than 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) is amended by adding at the end the following:
“(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) in accordance with this subsection.
(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 a covered contract (as defined in paragraph (3)(A)).
(3)

Conservation contract election
(A)

Definition of covered contract
In this paragraph, the term covered contract means a contract entered into under this subchapter that—
(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)

Expiring contracts
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.
(C)

Unexpired contracts
Prior to the expiration of a covered contract, an owner or operator party to the covered contract may elect to terminate 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 et seq.) (as amended by section 304) is amended by adding at the end the following:
“1240T.

Alternative manure management program
(a)

Definitions
In this section:
(1)

Alternative manure management program
The term alternative manure management program means the program established under subsection (b).
(2)

Covered management measure
The term covered management measure means a dairy or livestock operation method that is used by an eligible producer to reduce baseline methane emissions and, where applicable, improve carbon sequestration on the operation of that eligible producer, including the measures described in subparagraphs (A) through (D) of subsection (f)(2).
(3)

Eligible producer
The term eligible producer means a dairy or livestock producer who agrees to reduce greenhouse gas emissions by adopting at least 1 covered management measure as an alternative or complement to anaerobic systems that capture methane emissions.
(4)

Pasture-based management
The term pasture-based management means a dairy or livestock production system—
(A)
that eliminates or reduces the quantity of manure stored in anaerobic conditions; and
(B)
in which the animals spend all or a substantial portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically.
(5)

Solid separation system
The term solid separation system means a system designed to separate liquid components of manure from mineral and organic solid components of that manure.
(b)

Establishment
The Secretary shall establish an alternative manure management program to award contracts to eligible producers to support carbon sequestration and greenhouse gas emissions reductions by implementing covered management measures.
(c)

Submission of contract offers
To be eligible to participate in the alternative manure management program, an eligible producer shall submit to the Secretary a contract offer that details any management measure to be used on the operation of the eligible producer.
(d)

Cluster contract offers
The Secretary shall establish procedures under which—
(1)
groups of eligible producers may submit a joint contract offer for a shared composting facility; and
(2)
the Secretary shall allocate payments to each eligible producer associated with a joint contract described in paragraph (1).
(e)

Duties of the Secretary
(1)

Evaluation criteria
The Secretary shall develop criteria for evaluating applications that will maximize—
(A)
carbon sequestration;
(B)
greenhouse gas emissions reductions; and
(C)
the overall environmental and public health benefits.
(2)

Priority
In awarding contracts under this section, the Secretary, using criteria developed under paragraph (1), shall give priority to contract offers that address air quality, water quality, or other public health concerns associated with dairy and livestock operations located near low-income or underserved communities.
(3)

Grouping of applications
The Secretary may group and evaluate contract offers relative to other contract offers for similar farming operations.
(4)

Geographical diversity
In awarding contracts under this section, the Secretary shall ensure geographical diversity.
(f)

Contract provisions
(1)

Term
A contract awarded under this section shall have a term that does not exceed 3 years.
(2)

Covered management measures
Each eligible producer requesting funding for a project under the alternative manure management program shall implement at least 1 of the following management measures:
(A)
With respect to pasture-based management—
(i)
adopting pasture-based management;
(ii)
converting a non-pasture dairy or livestock operation to pasture-based management;
(iii)
increasing the amount of time livestock spend at pasture at an existing pasture operation; or
(iv)
improving pasture-based management, including transitioning to management-intensive rotational grazing (as defined in section 1240L(d)(1)).
(B)
Adopting alternative manure treatment and storage practices, including—
(i)
the installation of a compost-bedded pack barn that composts manure;
(ii)
the installation of slatted floor pit storage manure collection that is cleaned out at least once a month; or
(iii)
other similar practices, as determined by the Secretary.
(C)
(i)
Adopting a solid separation system, installing a new solid separation system that has a significantly higher separation efficiency than any existing solid separation system, or developing or retrofitting a manure management system that primarily avoids wet handling infrastructure; and
(ii)
in conjunction with 1 or more of the following management measures:
(I)
Open solar drying or composting of manure onsite.
(II)
Solar drying in an enclosed environment.
(III)
Forced evaporation with natural-gas fueled dryers.
(IV)
Storage of manure in unconfined piles or stacks.
(V)
Composting in an enclosed vessel, with forced aeration and continuous mixing.
(VI)
Composting in piles with forced aeration without mixing.
(VII)
Composting in intensive windrows with regular turning for mixing and aeration.
(VIII)
Composting in passive windrows with infrequent turning for mixing and aeration.
(IX)
Vermiculture or vermifiltration.
(X)
Other similar activities, as determined by the Secretary.
(D)
Adopting scrape technologies, in conjunction with 1 of the management measures described in subclauses (I) through (X) of subparagraph (C)(ii).
(3)

Duties of eligible producers under contract
To receive payments under the alternative manure management program, an eligible producer shall—
(A)
implement 1 or more management measures;
(B)
supply information as required by the Secretary to determine compliance with the requirements of the alternative manure management program; and
(C)
comply with such additional provisions as the Secretary determines are necessary to carry out the alternative manure management program.
(g)

Payments to eligible producers
(1)

In general
During each of fiscal years 2024 through 2028, the Secretary shall provide payments to eligible producers that enter into contracts with the Secretary under the alternative manure management program.
(2)

Availability of payments
Payments provided to an eligible producer under this section may be used to implement 1 or more covered management measures.
(3)

Payment amounts
The Secretary may provide a payment to an eligible producer under the alternative manure management program for an amount that is up to 100 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, and training relating to implementing a covered management measure.
(4)

Limitation on payments
A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, payments under the program that exceed $825,000 during any 5-year period.
(5)

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—
(A)
purchasing or contracting materials and equipment; or
(B)
any technical assistance provided by the Secretary.
(h)

Modification or termination of contracts
(1)

Voluntary modification or termination
The Secretary may modify or terminate a contract entered into with an eligible producer under the alternative manure management program if—
(A)
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 alternative manure management program if the Secretary determines that the eligible producer violated the contract.
(i)

Duties of the Secretary
The Secretary shall—
(1)
determine and publish factors for estimating the carbon sequestration and greenhouse gas emissions reductions for each covered management measure described in subclauses (I) through (X) of subsection (f)(2)(C)(ii);
(2)
assist an eligible producer in achieving the carbon sequestration, greenhouse gas emissions reduction, and other environmental and public health goals of the alternative manure management program plan by—
(A)
providing payments for developing and implementing 1 or more covered management measures, as appropriate; and
(B)
providing that eligible producer with information, technical assistance, and training to aid in implementation of the covered management measures; and
(3)
review the adequacy of existing conservation practice standards for supporting the covered management measures and, if necessary—
(A)
revise existing conservation practice standards; and
(B)
develop new conservation practice standards.
(j)

Technical assistance
In providing technical assistance under the alternative manure management program, the Secretary shall apply sections 1241(c) and 1242, except that the Secretary shall—
(1)
apportion not more than 15 percent of the total funding available for the alternative manure management program for the provision of technical assistance; and
(2)
enter into cooperative agreements with third-party providers with relevant expertise in the covered management measures to ensure adequate technical services are available to alternative manure management program applicants.
(k)

Funding
(1)

In general
The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the alternative manure management program (including the provision of technical assistance described in subsection (j)) using $1,500,000,000 for the period of fiscal years 2024 through 2028.
(2)

Reservations of funds
The Secretary shall, to the maximum extent practicable, use a majority of the funds made available by paragraph (1) for contract offers from small and mid-sized dairy and livestock operations, including—
(A)
beginning farmers or ranchers;
(B)
limited resource farmers and ranchers; and
(C)
socially disadvantaged farmers and ranchers.”.
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) is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “and renewable energy development” and inserting “, renewable energy development, and the reduction of greenhouse gas emissions”; and
(B)
in paragraph (2), by adding “that reduce greenhouse gas emissions” before the period at the end;
(2)
in subsection (b)—
(A)
in paragraph (2)—
(i)
in subparagraph (D), by striking “and” at the end;
(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 greenhouse gas emissions reductions”; and
(C)
in paragraph (4)—
(i)
in the matter preceding subparagraph (A), by inserting “, agricultural processors,” after “agricultural producers”;
(ii)
in subparagraph (A), by striking “and” at the end;
(iii)
in subparagraph (B)(ii), by striking the period at the end and inserting “; and”; 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,” after “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” and all that follows through “25 percent” and inserting “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)” and inserting “subsection (h)”; and
(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))) shall not exceed 75 percent of the cost of the activity funded by the grant.”;
(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 2024—
(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 greenhouse gas 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 2023, the Secretary, in collaboration with the National Renewable Energy Laboratory, shall develop carbon accounting assessments for renewable energy systems and energy efficiency upgrades (including technologies on the list described in subsection (c)(5)(A) and technologies described in subsection (h)(5)(A)) supported by assistance provided under this section.
(2)

Methodologies
In developing the carbon accounting assessments under paragraph (1), the Secretary shall, to the maximum extent practicable, create accurate methodologies for assigning greenhouse gas emission values, including land use change.
(3)

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” after “Outreach”;
(B)
by striking “The Secretary shall” and inserting “Using funds made available under subsection (h)(4), the Secretary shall”;
(C)
by inserting “and technical assistance” after “outreach”; and
(D)
by inserting “or provided, as applicable,” after “conducted”;
(7)
in subsection (g) (as so redesignated), by striking “subsection (f)” each place it appears and inserting “subsection (h)”; and
(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 2023;
(B)
$100,000,000 for fiscal year 2024;
(C)
$200,000,000 for fiscal year 2025;
(D)
$300,000,000 for fiscal year 2026; and
(E)
$400,000,000 for fiscal year 2027 and each fiscal year thereafter.”;
(B)
in paragraph (2)(B), by striking “become available” and inserting “be used”; and
(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 15 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.

Agrivoltaic systems
(a)

Definition of agrivoltaic system
In this section, the term agrivoltaic system means a system under which solar energy production and agricultural production, including crop or animal production or apiculture, occurs in an integrated manner on the same piece of land.
(b)

Study
(1)

In general
The Secretary shall conduct a study on agrivoltaic systems that shall include—
(A)
an assessment of the compatibility of different species of livestock with different agrivoltaic system designs, including—
(i)
the optimal height of and distance between solar panels for—
(I)
livestock grazing; and
(II)
shade for livestock;
(ii)
manure management considerations;
(iii)
fencing requirements; and
(iv)
other animal handling considerations;
(B)
an assessment of animal breeding research needs with respect to beneficial and compatible characteristics and behaviors of different species of grazing animals in agrivoltaic systems;
(C)
an assessment of the compatibility of different crop types with different agrivoltaic system designs, including—
(i)
the optimal height of and distance between solar panels for—
(I)
plant shading; and
(II)
farm equipment use;
(ii)
the impact on crop yield; and
(iii)
market opportunities to sell crops at a premium price;
(D)
an assessment of plant breeding research needs with respect to beneficial and compatible characteristics of different crops, including specialty and perennial crops, in agrivoltaic systems;
(E)
a risk-benefit analysis of agrivoltaic systems in different regions of the United States, including a comparison between the total greenhouse gas impact of agrivoltaic systems and solar energy systems that displace agricultural production;
(F)
an assessment of the types of agricultural land best suited and worst suited for agrivoltaic systems;
(G)
an assessment of how to best develop agrivoltaic systems on a national and local scale consistent with—
(i)
maintaining or increasing agricultural production;
(ii)
increasing agricultural resilience;
(iii)
retaining prime farmland;
(iv)
increasing economic opportunities in farming and rural communities;
(v)
reducing nonfarmer ownership of farmland; and
(vi)
enhancing biodiversity;
(H)
an assessment of the unique risk management and crop insurance needs of agrivoltaic systems;
(I)
an assessment of how Federal procurement of agricultural products could help build a market for agricultural products from farms with agrivoltaic systems; and
(J)
an assessment of how Federal agricultural conservation programs, renewable energy programs, and investment tax credits can better support agrivoltaic systems.
(2)

5-year plan
Based on the study under paragraph (1), the Secretary shall develop a 5-year plan for using the research, extension, outreach, conservation, and renewable energy activities of the Department of Agriculture to better support agrivoltaic systems that do not displace agricultural production.
(3)

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 paragraph (1).
(c)

Agrivoltaic system research and demonstration
(1)

In general
The Secretary, acting through the Administrator of the Agricultural Research Service and in coordination with the relevant research programs of the Department of Energy, shall establish and maintain a network of research and demonstration sites operated by the Agricultural Research Service to investigate and demonstrate agrivoltaic systems in multiple regions of the United States, including arid, semi-arid, and wet agricultural zones, that—
(A)
increase agricultural productivity and profitability;
(B)
enhance agricultural resilience and the capacity to mitigate and adapt to climate change;
(C)
protect biodiversity; and
(D)
increase economic opportunities in farming and rural communities.
(2)

Coordination
In establishing and maintaining the network described in paragraph (1), the Secretary shall collaborate with USDA Climate Hubs to share research findings and translate research findings into educational, outreach, and technical assistance materials for agricultural producers.
(3)

Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $15,000,000 for fiscal year 2024 and each fiscal year thereafter.
603.

AgSTAR program
(a)

In general
The Secretary shall maintain the program known as the “AgSTAR program” within the Department of Agriculture, under which the Secretary shall—
(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 means—
(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)); or
(III)
an egg product (as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033)); and
(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 means a date voluntarily printed on food packaging that signifies the end of the estimated period of shelf life under any stated storage conditions, after which the food labeler advises the product not be consumed.
(3)

Food labeler
The term food labeler means the producer, manufacturer, distributor, or retailer that places a date label on food packaging of a product.
(4)

Quality date
The term quality date means a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which—
(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” or, if permissible under subsection (c)(3), the standard abbreviation of “BB”, unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1).
(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” or, if permissible under subsection (c)(3), the standard abbreviation of “UB”, unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1).
(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” and “UB” for the quality date and discard date, respectively, only if the food packaging is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable.
(4)

Freeze by
A food labeler may add “or Freeze By” following a quality date or discard date uniform phrase.
(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)); and
(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) or other applicable provisions of law.
(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) is amended by adding at the end the following:
“(z)
If it is food and its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023.”.
(b)

Poultry products
Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended—
(1)
in paragraph (11), by striking “or” at the end;
(2)
in paragraph (12), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:
“(13)
if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023.”.
(c)

Meat products
Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended—
(1)
in paragraph (11), by striking “or” at the end;
(2)
in paragraph (12), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:
“(13)
if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023.”.
(d)

Egg products
Section 7(b) of the Egg Products Inspection Act (21 U.S.C. 1036(b)) is amended in the first sentence by inserting “or if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023” before the period at the end.
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)

Conservation standards and requirements
Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended—
(1)
by redesignating paragraph (2) as paragraph (3); and
(2)
by inserting after paragraph (1) the following:
“(2)

Composting as conservation practice and activity
(A)

In general
The Secretary shall, by regulation, provide that composting is a conservation practice and a conservation activity for the purposes of this title.
(B)

Definition of composting
(i)

In general
In this paragraph, the term composting means—
(I)
an activity (including an activity that does not require the use of a composting facility) to produce compost from organic waste that is—
- (aa)
generated on a farm; or
- (bb)
brought to a farm from a nearby community and used to produce compost on that farm; and
(II)
the use and active management of compost on a farm, in accordance with any applicable Federal, State, or local law, to improve water retention and soil health.
(ii)

Determination of nearby communities
The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.”.
(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)) is amended by inserting “and composting (as defined in section 1241(j)(2)(B))” after “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)) is amended by inserting “, including composting (as defined in section 1241(j)(2)(B))” before the semicolon at the end.
(d)

Delivery of technical assistance
Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following:
“(5)

Development of composting practice standard
In addition to conducting a review under this subsection of any composting facilities practice standard established before the date of enactment of this paragraph, the Secretary shall develop and implement a composting practice standard under the process developed under paragraph (3).”.
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 note) is amended by striking “encourage” and inserting “require”.
(b)

Definitions
Section 3 of the Federal Food Donation Act of 2008 (Public Law 110–247; 42 U.S.C. 1792 note) is amended—
(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 has the meaning given the term in section 133 of title 41, United States Code.”.
(c)

Report on food waste by certain Federal contractors
Section 4 of the Federal Food Donation Act of 2008 (42 U.S.C. 1792) is amended—
(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 2023, the Federal Acquisition Regulation issued in accordance with section 1121 of title 41, United States Code, shall be revised to provide that, except as provided in paragraph (2), all contracts greater than $10,000 for the provision, service, or sale of food in the United States, or for the lease or rental of Federal property to a private entity for events at which food is provided in the United States, shall include a clause that—
(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 2023 that prohibits a donation described in paragraph (1)(A).”; 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; 122 Stat. 2314) is amended by adding at the end the following:
“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 2024 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 et seq.) is amended by adding at the end the following:
“7011.

Grants for composting and anaerobic digestion food waste-to-energy projects
(a)

Definition of State
In this section, the term State means—
(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))) that may be provided to or received by the State; and
(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 et seq.) is amended by inserting after the item relating to section 7010 the following:
“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) is amended by inserting before subsection (b) the following:
“(a)

School food waste reduction grant program
(1)

Definition of eligible local educational agency
In this subsection, the term eligible local educational agency means a local educational agency that participates in the school lunch program under this Act or the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (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 2023, and every 2 years thereafter, the Secretary shall evaluate the grants made under this subsection, including—
(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 assistance
Section 21(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b–1(b)) is amended—
(1)
in paragraph (2), by striking “and” at the end;
(2)
in paragraph (3), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(4)
food waste measurement, prevention, and reduction.”.
715.

Support for national media campaigns to decrease incidence of food waste
(a)

In general
The Secretary shall support national media campaigns to decrease the incidence of food waste.
(b)

Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
716.

Food waste research program
(a)

Establishment
The Food Loss and Waste Reduction Liaison of the Department of Agriculture (in this section referred to as the “Liaison”) shall establish a partnership with 5 regional partner institutions, selected under subsection (c), to carry out a Food Waste Research Program (in this section referred to as the “Program”).
(b)

Food waste research program requirements
(1)

Duties
In carrying out the Program, the Liaison, in partnership with the 5 regional partner institutions selected under subsection (c), shall—
(A)
plan, conduct, and arrange for public research, data, education, and recommendations within the areas of study specified in paragraph (2), as such areas relate to food waste reduction and food recovery issues nationwide, regionally, and locally;
(B)
carry out the activities of the Program within a variety of regions in the United States, which are identified and categorized by the Liaison based on the specific food recovery and food waste reduction issues of such regions;
(C)
identify areas to increase efficiency in the allocation of resources and the coordination, cooperation, and consolidation of efforts as they relate to local, statewide, Tribal, regional, and Federal food recovery and food waste reduction efforts;
(D)
create a Program website, as described in paragraph (4), to disseminate information to the public; and
(E)
collaborate with other colleges, universities, and nonprofit organizations in the regions selected by the Liaison that have demonstrated capability for research, information dissemination, and professional training in order to develop regional networks that are knowledgeable in food waste reduction issues.
(2)

Areas of Study
In carrying out the duties listed in paragraph (1), the Liaison and the regional partner institutions shall consider the following areas of study:
(A)
Reducing the volume of surplus food produced.
(B)
Utilizing excess food to feed individuals in need, including through the use of donations of surplus food.
(C)
Diverting food unusable for purposes described in subparagraph (B) to feed animals.
(D)
Utilizing food waste to create renewable energy sources.
(E)
Composting food waste to create nutrient rich soil.
(F)
Diminishing the deposits of food waste in landfills and reducing the incineration of food waste.
(3)

Use of Funds
(A)

In General
The Liaison may make funds available under this section to improve the capacities and facilities of the regional partner institutions to a level that meets the requirements of the role of a regional partner institution.
(B)

Plan
A regional partner institution may not receive any funding for any facility upgrade under subparagraph (A), unless—
(i)
the regional partner institution submits to the Liaison a plan detailing the type of facility construction or improvements to take place (including any land acquisition, engineering, design, and staffing and equipment needs, in addition to other information as required by the Liaison); and
(ii)
the Liaison approves such plan.
(C)

Non-Federal Cost Share for Facility Improvement
A regional partner institution shall be required to provide at least a 20-percent non-Federal cost share for facility improvement or construction projects pursued by a regional partner institution under subparagraph (A).
(D)

Matching Funds for Operating Expenses
A regional partner institution shall be required to provide at least a 30-percent non-Federal cost share for all Program operating expenses related to such regional partner institution.
(E)

Wage Rate Requirements
A construction activity carried out pursuant to this subsection shall meet Federal prevailing wage requirements as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the “Davis-Bacon Act”).
(4)

Food waste research program website
The Liaison shall establish a website that shall contain at least the following information:
(A)
Key findings and best practices.
(B)
A list of collaborations and partnerships carried out pursuant to this subsection.
(C)
Annual reports and other pertinent information on the duties of the Program.
(D)
The location and contact information for regional partner institutions.
(E)
Federal, State, local, and regionally specific public research, data, education, and policy recommendations that shall be updated in a timely manner with new information.
(F)
Tools for tracking reduction efforts and measuring food waste production.
(c)

Selection of regional partner institutions
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Liaison shall select 5 regional partner institutions to partner with to carry out the requirements of the Program under subsection (b).
(2)

Criteria for Regional Partner Institutions
In making a selection under paragraph (1), the Liaison shall select an institution of higher education that—
(A)
has a focus or expertise in at least one of the areas of study described in subsection (b)(2);
(B)
has the ability to plan, conduct, and arrange for public research, data, education, and recommendations related to food waste reduction and the areas of study described in subsection (b)(2);
(C)
can assist the Liaison in fulfilling the duties listed in subsection (b)(1);
(D)
can contribute the required non-Federal funding to maintain a regional partner institution center; and
(E)
satisfies any other criteria determined by the Liaison.
(3)

Eligible sub-awardees
A State, Tribal, or local government, local educational agency, agricultural or commodity organization, farmer, or other organization focused on food waste prevention may serve as an eligible sub-awardee of a regional partner institution if the entity meets the requirements of subparagraphs (A) through (C) of paragraph (2).
(4)

Employment status
Members of regional partner institutions shall not be considered Federal employees for any purpose.
(d)

Collaboration with Federal, regional, State, Tribal, and local governments and organizations
The Liaison, in conjunction with the 5 regional partner institutions selected under subsection (c), shall collaborate and share best practices on regional, State, Tribal, and locally specific food waste and food waste reduction issues with—
(1)
State and county governments;
(2)
Tribal governments;
(3)
units of local government;
(4)
local educational entities;
(5)
colleges and universities;
(6)
agricultural and commodity organizations;
(7)
farmers; and
(8)
organizations focused on food waste prevention.
(e)

Information collection and dissemination
(1)

Report of regional partner institutions
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the regional partnership institutions shall submit to the Liaison a report containing the activities, partnerships, collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information carried out under the Program.
(2)

Liaison report
Not later than 15 months after the date of the enactment of this Act, and annually thereafter, the Liaison shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate and publish on the Program website an annual report containing a compilation of the activities, partnerships, collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information relating to the Program.
(3)

Review of report
The Liaison shall review the annual report from the regional partner institutions to ensure that funds are being used efficiently according to the duties of the Program and that the Program is producing utilizable public research, data, education, and recommendations related to food waste and food waste reduction issues.