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Code · BILL · 118th Congress · H.R. 4327 (Introduced in House) — To direct the Secretary of Agriculture to establish the alternative manure management program, and for other purposes. · Sec. 2

Sec. 2. Alternative Manure Management Program

1,395 words·~6 min read·/bill/118/hr/4327/ih/section-2

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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: In this section: The term alternative manure management program means the program established under subsection (b). 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 such eligible producer, including the measures described in subparagraphs
(A)through
(D)in subsection (f)(2). 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; whose baseline manure management practices prior to enrollment in the alternative manure management program include the anaerobic decomposition of volatile solids stored in a lagoon or other predominantly liquid anaerobic environment; or in the case of a dairy or livestock producer whose baseline manure management practices prior to enrollment in the alternative manure management program includes an anaerobic system that captures methane emissions, that can replace or complement such anaerobic system with a covered management measure. The term pasture-based management means a dairy or livestock production system— that eliminates or reduces the quantity of manure stored in anaerobic conditions; and in which the livestock spend all or a substantial portion of time grazing on fields in which some or all of the manure is deposited and left in the field to decompose aerobically. The term solid separation system means a system that is designed to separate liquid components of manure from mineral and organic solid components of such manure. 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. 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 covered management measure to be used on the operation of such eligible producer. The Secretary shall establish procedures under which— a group of producers may submit a joint contract offer for a shared composting facility; and the Secretary will allocate payments to each eligible producer associated with such joint contract. The Secretary shall develop criteria for evaluating and ranking contract offers to prioritize contract offers that will maximize— carbon sequestration; greenhouse gas emissions reductions; and the overall environmental and public health benefits. In awarding contracts under this section, the Secretary, using the 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. The Secretary may group and evaluate contract offers relative to other contract offers for similar farming operations. In awarding contracts under this section, the Secretary shall ensure geographical diversity. A contract awarded under this section shall have a term that does not exceed 3 years. Each eligible producer requesting funding under the alternative manure management program shall implement at least one of the following: With respect to pasture-based management— adopting pasture-based management; converting a non-pasture dairy or livestock operation to pasture-based management; increasing the amount of time livestock spend at pasture at an existing pasture operation; or improving pasture-based management, including transitioning to management-intensive rotational grazing, as defined in section 1240L(d). Adopting alternative manure treatment and storage practices, including— the installation of a compost-bedded pack barn that composts manure; the installation of a slatted floor pit storage manure collection that is cleaned out at least once a month; or other similar practices, as determined by the Secretary. Adopting a solid separation system— or— 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 in conjunction with one or more of the following management measures: Open solar drying or composting of manure onsite. Solar drying in an enclosed environment. Forced evaporation with natural-gas fueled dryers. Storage of manure in unconfined piles or stacks. Composting in an enclosed vessel, with forced aeration and continuous mixing. Composting in piles with forced aeration without mixing. Composting in intensive windrows with regular turning for mixing and aeration. Composting in passive windrows with infrequent turning for mixing and aeration. Vermiculture or Vermifiltration. Other similar management measures, as determined by the Secretary. Adopting scrape technologies, including vacuum technologies, in conjunction with one of the management measures listed in subclauses
(I)through
(IX)of subparagraph (C)(ii). To receive payments under the alternative manure management program, an eligible producer shall— implement one or more covered management measures; supply information as required by the Secretary to determine compliance with the requirements of the alternative manure management program; and comply with such additional provisions as the Secretary determines are necessary to carry out the alternative manure management program. During the fiscal years 2024 through 2029, the Secretary shall provide payments to eligible producers that enter into contracts with the Secretary under the alternative manure management program. Payments provided to an eligible producer under this section may be used to implement one or more covered management measures. The Federal share of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, and training related to implementing a covered management measure under the alternative manure management program shall not exceed 90 percent. The non-Federal share of the costs described in subparagraph
(A)may include in-kind contributions from eligible producers that enter into a contract under the alternative manure management program. A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, payments under the alternative manure management program that exceed $825,000 during any 5-year period. The Secretary shall provide at least 50 percent of the amount of total payments to an eligible producer in advance for all costs related to— purchasing or contracting materials and equipment; or any technical assistance provided by the Secretary. The Secretary may modify or terminate a contract entered into with an eligible producer under the alternative manure management program if— such eligible producer agrees to such modification or termination; and the Secretary determines that such modification or termination is in the public interest. The Secretary may terminate a contract under the alternative manure management program if the Secretary determines that an eligible producer violated such contract. The Secretary shall— determine and publish factors for estimating the carbon sequestrations and greenhouse gas emissions reductions for each covered management measure, including the management measures listed in subclauses
(I)through
(IX)in subsection (f)(2)(C)(ii); 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 by— providing payments for developing and implementing one or more covered management measures, as appropriate; and providing such eligible producer with information, technical assistance, and training to aid in implementation of the covered management measures; and review the adequacy of existing conservation practice standards for supporting the covered management measures and, if necessary— revise existing conservation practice standards; and develop new conservation practice standards. In providing technical assistance under the alternative manure management program, the Secretary shall apply the provisions in subsection
(c)of section 1241 and section 1242, except that the Secretary shall— apportion not more than 15 percent of the total funding available for the alternative manure management program for the provision of technical assistance; and 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. 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 (i)) using $1,500,000,000 for the period of fiscal years 2024 through 2028. The Secretary shall reserve a majority of the funds made available by paragraph
(1)for — beginning farmers or ranchers; limited resource farmers and ranchers; socially disadvantaged farmers and ranchers; and farmers and ranchers that continue to transition towards enhanced methods of sequestering carbon dioxide, methane, or nitrous oxide emissions. .
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Sec. 2
Alternative Manure Management Program
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