September 14, 2023

Congress Returns with a Bang

With the House and Senate now fully back after their August recess, several competing headlines have already ensured this will be a rather challenging and busy next few weeks. September 30^th is the going deadline to avoid a potential government shutdown, which was also the perceived deadline for getting a Farm Bill reauthorization through. Unfortunately, our latest intel this week suggests that the Hill might not realistically get it done until early next year, potentially in the Spring. Several programs technically do not expire or lose funding until December 31^st, meaning a short-term extension might only need to include certain pieces typically covered by the Farm Bill.

A continuing resolution (CR) is beginning to take shape, which will give us a better idea of what to expect for the end of this month. House Speaker Kevin McCarthy is receiving substantial pressure from Freedom Caucus members to take a hard stance on any deal to keep government funded. He might have won some relief on his right though after he agreed to launch an impeachment inquiry into President Joe Biden regarding the allegations he profited from business dealings during his time as Vice President. As of now, it faces slim odds of passing the House—and far less so in the Senate.

Regardless of the politics surrounding the inquiry, it will most certainly add new challenges onto the House’s current schedule, adding a new wrinkle into the debates surrounding the shutdown, Farm Bill, and other key legislation. With an election year quickly approaching, those dynamics will be felt on the campaign trails as well. CAFB will continue working with other ag partners to push for a Farm Bill that can not only better represents western states’ interests—but also be wrapped up prior to the end of the year.

County Leaders Trip Held in DC

This week, a group of producers from around the state joined with California Farm Bureau’s officers for a “County Leaders” trip to Washington DC. Typically an annual trip, we use this as a great opportunity to give members a closer look at how the public policy process in our nation’s capital works up close. The group met with nearly 20 Congressional offices in total to discuss the Farm Bill, disaster aid, and other challenges being faced by farmers and ranchers in the state. We also met with USDA’s Foreign Agricultural Service, Risk Management Agency, and Rural Development. This trip is held in partnership with our County Farm Bureaus, so if you think you’d have interest in learning more about next year’s iteration, please don’t hesitate to reach out for more information.

WOTUS Rule Published

With official publication in the Federal Register, the new WOTUS rule took effect on September 8, 2023. Since this is an update by the agencies of earlier rule, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers previously made the decision to issue a final rule rather than release a second proposed rule. Although the updated rule eliminates significant nexus, concerns remain over the new rule’s vague definition of the term “relatively permanent”. In the West, this could potentially impact ephemeral streams significantly.

DOL Releases Proposed H2A Rule

On Tuesday, the Department of Labor (DOL) announced a proposed rule that intends to increase protections for H-2A workers. This visa category has grown substantially over the past five years, with California becoming the 2^nd largest user of the H-2A system, with over 40,000 contracts issued in FY22. The DOL is pushing for six key changes:

1. expanded rights for workers to advocate better working conditions;
2. clarifying the means a worker may be fired “for cause;”
3. adding more transparency to foreign labor recruitment to combat trafficking and other nefarious practices;
4. implementing wage rate changes immediately rather than giving businesses several weeks to comply;
5. requiring working seatbelts on transport vehicles (with some nuances); and
6. expediting the enforcement and damages associated with confirmed program violations.

The DOL is providing 60 days for comment when it is formally published in the Federal Register, which will likely mean a mid-November deadline. Several of these recommendations are concerning and CAFB will be doing a full review of the proposal and providing comments. If you have your own feedback you’d like to share, please contact Matthew Viohl.

Dumped Milk Disaster Announcement

On Monday, the USDA officially opened up applications for ranchers to receive financial assistance for those that were forced to dump dairy milk due to disasters experienced between 2020 – 2022. The release says it will be for “…qualifying weather events and the consequences of those weather events that inhibited delivery or storage of milk.” Qualifying events include: droughts, wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze, and smoke exposure. Eligible applicants can receive up to $250,000 in funds; however, there are limitations on these distributions. Please see the button below more information. The deadline for applications is October 16^th.

Congressional Western Caucus Holds ESA Working Group Forum

This week, the Congressional Western Caucus and the House Natural Resources Committee held a join Endangered Species Act (ESA) Working Group forum. While not an official Congressional Committee hearing, the forum included testimony from witnesses representing conservation organizations, water interests, small business, energy development, and agriculture. Ken Hamilton, Executive Vice President of the Wyoming Farm Bureau testified on agriculture’s behalf. The forum explored the challenges with effectively implementing the ESA, regulatory impacts on stakeholders and barriers to voluntary conservation. The forum is expected to be the first step towards ESA reform legislative concepts that could be introduced in the House of Representatives.

Precision Ag Task Force Seeking Nominations

Nominations are currently open through September 20^th for those interested in serving on the Precision Agriculture Connectivity Task Force, which works with both the USDA and the Federal Communications Commission (FCC) on matters related to the implementation of rural broadband and other supply chain issues as it relates to our industry. The task force was originally formed with the passage of the 2018 Farm Bill, as our industry was looking for ways to engage the federal government more closely on challenges relating to connectivity. This will technically serve as the third and final term of the task force, provided it is not renewed under the subsequent Farm Bill. For those interested in learning more, click below.

President Biden Appoints New Under Secretary for Rural Development

On Monday, President Biden announced the nomination of Dr. Basil Gooden to serve as the Under Secretary for Rural Development at USDA. Dr. Gooden has previously served as a state official under USDA in Virginia, where he was also the state’s Secretary of Agriculture and Forestry under former Gov. Terry McAuliffe. The nomination seeks to fill the vacancy left by Xochitl Torres Small, who left the position when she was confirmed in July to be the new Deputy Secretary of Agriculture. Current Secretary of Agriculture Tom Vilsack issued the following statement.