[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5309 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5309
To amend the Food Security Act of 1985 to provide payments for
alternative manure management practices under the environmental quality
incentives program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2026
Mr. Padilla (for himself, Mr. Heinrich, and Mr. Schiff) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to provide payments for
alternative manure management practices under the environmental quality
incentives program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Converting Our Waste Sustainably Act
of 2026'' or the ``COWS Act of 2026''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 1240A of the Food Security Act of 1985 (16
U.S.C. 3839aa-1) is amended--
(1) by redesignating paragraphs (1) through (10) as
paragraphs (3) through (12), respectively;
(2) by inserting before paragraph (3) (as so redesignated)
the following:
``(1) Alternative manure management practice.--The term
`alternative manure management practice' means management
measures that reduce baseline methane and nitrous oxide
emissions and, where applicable, reduce nitrate leaching into
groundwater or improve carbon sequestration, including--
``(A) converting to or improving pasture-based
management, including management-intensive rotational
grazing (as defined in section 1240L(d)(1));
``(B) compost-bedded pack barns that compost
manure, slatted floor pit storage that is cleaned out
at least once a month, or other similar practices as
determined by the Secretary; and
``(C) solid separation, scrape and vacuum
technologies, or other measures, including manure
management system retrofits, that primarily avoid wet
handling and storage infrastructure in conjunction
with--
``(i) open or enclosed solar drying;
``(ii) composting;
``(iii) vermiculture or vermifiltration;
``(iv) forced evaporation;
``(v) solid storage; or
``(vi) other similar methods, as determined
by the Secretary.
``(2) Composting practice.--The term `composting practice'
means--
``(A) an activity (including an activity that does
not require the use of a composting facility) to
produce compost from organic waste that is--
``(i) generated on a farm; or
``(ii) brought to a farm from the nearby
community; and
``(B) the use and active management of compost on a
farm to improve water retention and soil health,
subject to the condition that such use shall be in
compliance with applicable Federal, State, and local
laws.''; and
(3) in paragraph (8) (as so redesignated), in subparagraph
(A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) by redesignating clause (vii) as clause (ix);
and
(C) by inserting after clause (vi) the following:
``(vii) composting practices;
``(viii) alternative manure management
practices; and''.
(b) Conservation Activities.--Section 1240I(2)(B)(i) of the Food
Security Act of 1985 (16 U.S.C. 3839aa-21(2)(B)(i)) is amended by
inserting ``and composting practices (as defined in section 1240A)''
after ``drainage management systems''.
SEC. 3. ESTABLISHMENT AND ADMINISTRATION.
(a) In General.--Section 1240B of the Food Security Act of 1985 (16
U.S.C. 3839aa-2) is amended--
(1) in subsection (d)(7)--
(A) in the paragraph heading, by inserting ``state-
determined'' before ``high-priority''; and
(B) in subparagraph (A)--
(i) in clause (iii), by striking ``or'' at
the end;
(ii) in clause (iv), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(v) increases carbon sequestration or
reduces greenhouse gas emissions, including
emissions of methane and nitrous oxide.'';
(2) in subsection (f)(1), by inserting ``and alternative
manure management practices'' after ``including grazing
management practices'';
(3) by redesignating subsections (h) through (j) as
subsection (i) through (k), respectively; and
(4) by inserting after subsection (g) the following:
``(h) Alternative Manure Management Practices.--
``(1) Payment amounts.--The Secretary may provide a payment
for an alternative manure management practice for an amount
that is up to 100 percent of the costs associated with
planning, design, materials, equipment, installation, labor,
management, maintenance, and training related to implementing
that practice.
``(2) Advanced payments.--The Secretary shall provide at
least 50 percent of the amount of total payments for an
alternative manure management practice in advance for all costs
related to--
``(A) purchasing or contracting materials and
equipment; or
``(B) any technical assistance provided by the
Secretary.
``(3) Term.--A contract under the program that includes an
alternative manure management practice under this subsection
shall have a term that does not exceed 3 years.''.
(b) Conforming Amendments.--
(1) Section 1240G of the Food Security Act of 1985 (16
U.S.C. 3839aa-7) is amended by striking ``1240B(j)'' and
inserting ``1240B(k)''.
(2) Section 1241(i)(2)(D) of the Food Security Act of 1985
(16 U.S.C. 3841(i)(2)(D)) is amended by striking
``1240B(h)(2)'' and inserting ``1240B(i)(2)''.
SEC. 4. PRIORITIZATION OF APPLICATIONS.
Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C.
3839aa-3(b)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting the
subparagraphs appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``In evaluating'' and inserting the
following:
``(1) In general.--In evaluating''; and
(3) by adding at the end the following:
``(2) Alternative manure management applications.--
``(A) In general.--The Secretary shall develop
criteria for evaluating and ranking applications under
the program that include an alternative manure
management practice to prioritize applications that
will maximize--
``(i) carbon sequestration;
``(ii) greenhouse gas emissions reductions;
and
``(iii) overall environmental and public
health benefits, including improved water
quality and quantity.
``(B) Additional criteria.--In awarding contracts
under the program that include an alternative manure
management practice, the Secretary shall develop
criteria to ensure--
``(i) geographical diversity;
``(ii) scale diversity, including support
for small and medium-sized dairy and livestock
operations; and
``(iii) participation by operations with a
demonstrated track record of adopting
conservation measures and reducing greenhouse
gas emissions.
``(C) Cluster applications.--The Secretary shall
establish procedures under which--
``(i) a group of producers may submit a
joint application under the program for a
shared composting facility;
``(ii) that group of producers may jointly
enter into a contract under the program with
the Secretary; and
``(iii) the Secretary allocates payments to
each producer that is a party to that joint
contract.
``(D) Serving certain producers.--To the maximum
extent practicable, the Secretary shall award the
majority of contracts under the program that include an
alternative manure management practice each fiscal year
to small and medium-sized dairy and livestock
operations, including--
``(i) beginning farmers or ranchers;
``(ii) limited resource farmers and
ranchers; and
``(iii) socially disadvantaged farmers and
ranchers.''.
SEC. 5. DUTIES OF THE SECRETARY.
Section 1240F of the Food Security Act of 1985 (16 U.S.C. 3839aa-6)
is amended--
(1) in the matter preceding paragraph (1), by inserting
``(a) In General.--'' before ``To the extent''; and
(2) by adding at the end the following:
``(b) Alternative Manure Management.--With respect to contracts
under the program that include an alternative manure management
practice, the Secretary shall--
``(1) determine and publish factors for estimating the
carbon sequestration and greenhouse gas emissions reductions
for each alternative manure management practice;
``(2) identify eligible producers based on the alternative
manure management practices used at the time of application,
including the anaerobic decomposition of volatile solids stored
in a lagoon or other predominantly liquid anaerobic environment
and their ability to replace or complement that anaerobic
system with an alternative manure management practice; and
``(3) 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 practices by--
``(A) providing payments for designing and
implementing 1 or more alternative manure management
practices;
``(B) providing that eligible producer with
information, technical assistance, and training to aid
in implementation of the alternative manure management
practices;
``(C) reviewing the adequacy of existing
conservation practice standards for supporting the
alternative manure management practices and, if
necessary--
``(i) revising existing conservation
practice standards; and
``(ii) developing new conservation practice
standards; and
``(D) entering into cooperative agreements with
third-party technical assistance providers with
relevant expertise in alternative manure management
practices to ensure adequate technical services are
available to that eligible producer.''.
SEC. 6. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended--
(1) by inserting ``(a) In General.--'' before ``Not
including payments'';
(2) in subsection (a) (as so designated), by striking ``,
regardless of the number of contracts entered into under this
subchapter by the person or legal entity''; and
(3) by adding at the end the following:
``(b) Waiver Authority and Limitation.--The Secretary may--
``(1) waive the applicability of the limitations in section
1001D(b) or section 1240G for a payment made under a contract
under the program that includes an alternative manure
management practice if the Secretary determines that the waiver
is necessary to fulfill the objectives of the applicable
project; and
``(2) impose a separate payment limitation for the contract
with respect to which that waiver applies.''.
SEC. 7. NEW OR INNOVATIVE CONSERVATION APPROACH.
Section 1240H(c)(1)(B)(i) of the Food Security Act of 1985 (16
U.S.C. 3839aa-8(c)(1)(B)(i)) is amended--
(1) in subclause (VI), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(VIII) alternative manure
management practices; and''.
SEC. 8. DELIVERY OF TECHNICAL ASSISTANCE.
Section 1242(h) of the Food Security Act of 1985 (16 U.S.C.
3842(h)) is amended by adding at the end the following:
``(5) Development of composting practice standard.--Not
later than 1 year after the date of enactment of this
paragraph, the Secretary shall--
``(A) conduct a review of the composting facilities
practice standard and the soil carbon amendment
practice standard to determine the adequacy of those
practice standards in advancing alternative manure
management practices (as defined in section 1240A) and
on-farm composting generation and utilization; and
``(B) develop and implement a new conservation
practice standard for the on-farm production of
compost.''.
<all>