THIS WEEK IN
Federal Policy News
June 23, 2022
Senate Ag Committee Marks Up Livestock Bills
Yesterday, the Senate Committee on Agriculture, Nutrition and Forestry held a full committee mark-up of S.4030, the Cattle Price Discovery and Transparency Act and S.3870, the Meat and Poultry Special Investigator Act. Both bills were reported out of Committee as amended. 
 
There were several amendments filed with the Committee, however, only two were offered. An amendment by Senator Bennett (D-CO) was offered to S.4030 and an amendment by Senator Grassley (R-IA) offered a conforming amendment to S. 3870 that would bring it in line with the House passed language from last week. Both amendments were passed out of committee by voice vote. 
 
Ahead of the committee debate, CA Farm Bureau (CAFB) joined a letter signed by 21 state Farm Bureau presidents, opposing the Cattle Price Discovery and Transparency Act, highlighting that a federal mandate in the market would cost cow-calf and stocker operators anywhere from $50-85 per head, if not more, on the price they receive for their cattle. 
 
AFBF sent Chairwoman Stabenow (D-MI) and Ranking Member Boozman (R-AR) a letter outlining AFBF’s position as it relates to S.4030. In the letter, AFBF reaffirmed its policy position of opposing the federal mandate, while highlighting the other portions of the bill that AFBF policy supports, such as the 14-Day Cattle Slaughter Report, Expedited Carcass Weights Reporting, and the Cattle Contract Library. 
CAFB President Jamie Johansson Chairs Western WOTUS Roundtable
Last week, CAFB President Jamie Johansson chaired a western region Waters of the United States (WOTUS) roundtable co-hosted by the U.S. EPA and U.S. Army Corps of Engineers. The session focused on the geographic impacts of the agencies’ proposed WOTUS rule on the western U.S. and included fourteen stakeholders from a variety of organizations representing perspectives from agriculture, conservation, development, drinking and wastewater management, state government and more. President Johansson emphasized that the scope of jurisdiction under the Clean Water Act is of fundamental importance to the many social and ecosystem benefits provided by California farmland and expressed concerned about the practical implications that could result in small, family-owned businesses needing costly legal and/or consulting expertise to farm ground that is already being thoughtfully and sustainably stewarded.
 
The agencies previously announced the selection of ten roundtables in February 2022 with California Farm Bureau's roundtable proposal selected as one of the two roundtables representing the western region. A recording of the livestream may be viewed here
CAFB & Members Comment on SEC Climate Proposed Rule
CAFB submitted comments on July 17 to the Securities and Exchange Commission (SEC) in response to their proposed rules that would amend its rules under the Securities Act of 1933 and Securities Exchange Act of 1933 that would require registrants to provide certain climate related information in their registration statements and annual reports. The proposed rule would require registrant companies to report climate related risks that are reasonably likely to have a material impact on its business, results of operations, or financial condition. The required information about climate-related risks would also include disclosure of a registrant’s greenhouse gas emissions, which have become a commonly used metric to assess a registrant’s exposure to such risks.
 
Currently, farmers and ranchers are not considered registrants or otherwise subject in any way to the jurisdiction and oversight of the SEC. However, the proposed rule would change this by extending reporting requirements for public companies to report on Scope 3 greenhouse gas emissions. Scope 3 emissions are emissions that result from activities from assets not owned or controlled by an organization but contribute to its value chain including farms and ranches. As a result, the proposed rule would force disclosure of private information, create burdensome reporting requirements for family farms and ranches who sell into supply chains and result in multiple, new sources of substantial costs and liabilities.

In addition to the CAFB comments submitted, an additional 504 CAFB members submitted comments to the SEC via Action Alert. Thank you for the strong engagement on this critical issue! 
Growers Disappointed Supreme Court Decides Not to Hear Glyphosate Case, AFBF Responds
In response to the U.S. Supreme Court’s decision to deny the writ of certiorari petition to hear the case Monsanto v. Hardeman, which pertains to state glyphosate health warnings, agriculture groups including the American Farm Bureau Federation, American Soybean Association, National Corn Growers Association, National Association of Wheat Growers, and National Cotton Council issued a statement.
 
On May 23, the groups sent a letter signed by 54 agricultural groups to President Biden urging him to withdraw a Solicitor General’s brief submitted to the Supreme Court advising against taking up the case. In a disturbing departure from previous bipartisan administrative policy, the Solicitor General’s brief argues federal pesticide registration and labeling requirements do not preclude states from imposing additional labeling requirements, even if those requirements run counter to federal findings. The groups will be considering the decision and what additional reforms may be needed to prevent a patchwork of state labeling requirements from disrupting commerce and undermining science-based pesticide regulation. 
CA Farm Bureau Urges Congress to Increase Federal Maritime Commission (FMC) Funding
Over the last couple of weeks, a group of 29 companies and organizations including CA Farm Bureau, sent a letter to Congress urging their consideration to provide robust funding for the Federal Maritime Commission which would allow them to expeditiously implement provisions of the Ocean Shipping Reform Act. 
 
This letter was sent to the House and Senate Transportation-HUD Appropriations Subcommittees and urges them to consider an increased level of funding for the Federal Maritime Commission for FY23, up to the $38,260,000 authorization level included in the recently passed and signed Ocean Shipping Reform Act. With the various activities that the FMC has undertaken on its own, as well as the sizable workload that the Ocean Shipping Reform Act will place upon the agency, funding levels will affect the FMC’s ability to expeditiously manage new regulations and continue its oversight and shipper-support activities. 
USDA Announces Conservation Program Flexibilities to Help Mitigate Global Food Supply Challenges
The U.S. Department of Agriculture has announced that it will allow Conservation Reserve Program (CRP) participants who are in the final year of their CRP contract to request voluntary termination of their CRP contract following the end of the primary nesting season for fiscal year 2022. Participants approved for this one-time, voluntary termination will not have to repay rental payments. This one-time termination is a flexibility implemented this year to help mitigate the global food supply challenges caused by the Russian invasion of Ukraine and other factors. USDA Farm Service Agency is mailing letters to producers with expiring acres that detail this flexibility and share other options. If approved for voluntary termination, preparations can occur after the conclusion of the primary nesting season. Producers will then be able to hay, graze, begin land preparation activities and plant a fall-seeded crop before October 1, 2022. 
 
USDA also announced additional flexibilities for the Environmental Quality Incentives Program (EQIP) and Conservation Stewardship Program (CSP) participants who have cover cropping included in their existing contracts. The Natural Resources Conservation Service (NRCS) will allow participants to either modify their plans to plant a cover crop, and instead shift to a conservation crop rotation, or delay their cover crop plans a year without needing to terminate the existing contract. This is intended to allow for flexibility to respond to market signals while still ensuring the conservation benefits through NRCS financial and technical assistance for participating producers. Read the USDA announcement here.
New Wildland Firefighter Workforce Pay Raises and Support Announced
On June 21, the Biden-Harris Administration announced a series of actions intended to help build a well-supported, more permanent wildland firefighting force needed to address the wildfire crisis. The announcement included:
 
  • Federal Wildland Firefighter Immediate, Temporary Pay Raise - A new set of temporary pay increases that will provide retroactive pay, from October 1, 2021, to wildland firefighters in roles prior to May 21, 2022, by the end of June 2022. Remaining wildland firefighters will begin seeing additional pay between early July and August 2022. This pay will be a portion of an additional $20,000 per year, or 50% of their base pay, whichever is less. The base salary increase applies to all firefighter designated positions (primary or secondary positions alike), whether they are permanent or temporary. These temporary increases are being funded with $600 million from the Bipartisan Infrastructure Law (BIL). The Administration has stated it intends to work with Congress on longer-term reforms. 
  • New Supports for Firefighters - The BIL directs DOI and USDA to increase focus on wildland firefighters’ physical and mental wellbeing. In response, the Administration has announced a new interagency wildland firefighter health and wellbeing program to address mental health needs, including post-traumatic stress disorder care, along with addressing environmental hazards to minimize on-the-job exposure for wildland firefighters. Utilizing $31.1 million in BIL funding, the Joint Fire Science Program will be used to fund research towards firefighter mental health, landscape resiliency, and other climate-related studies on the beneficial uses of prescribed fire, carbon storage, and greenhouse gas and smoke emissions. 
  • Federal Firefighter Wildland Fire Management Job Series – Established by BIL, the U.S. Office of Personnel Management has created the Wildland Fire Management occupational series. The series is intended to help with retention, providing a clear career path with detailed requirements for advancement. Agencies will implement the new series in the coming months, though current Federal firefighters will be able to choose whether to opt-in to the new Wildland Fire Management series or stay in their current occupations.
USDA Seeks Proposals for Joint Chiefs' Landscape Restoration Partnership
USDA is asking for proposals for the Joint Chiefs’ Landscape Restoration Partnership to improve forest health on public and private lands. Fiscal year 2023 projects will build upon the $48 million invested in fiscal year 2022 for wildfire risk mitigation, water quality protection, wildlife habitat improvement, and restoration of forest ecosystems. Joint Chiefs’ project proposals are developed through a collaborative process between NRCS, the U.S. Forest Service, and partners. Past partners have included county, state, non-governmental, Tribal, utilities or private individual stakeholders. NRCS and Forest Service national offices will evaluate the proposals and will announce the selected projects in late fall 2022. More information is available here. Landowners are also encouraged to contact their local NRCS and Forest Service offices. Proposals are due by Aug. 5, 2022. 
IMPORTANT REMINDERS:
Request: Respond to AFBF's Current Drought Survey Today!
With the West and a growing number of Midwest states continuing to experience severe drought conditions, American Farm Bureau Federation has released a third iteration of their Assessing Western Drought Survey. The survey is open to all members; both those who took previous versions of the survey as well as those who did not. The data collected from this survey will be aggregated and summarized by American Farm Bureau Federation staff economists and be utilized to inform short-term disaster relief needs as well as long-term policy proposals aimed at assisting agriculture with drought preparedness, resilience, and response. Please consider responding today here
Farm Service Agency Accepting Nominations for Local County Committees
Last week, the USDA’s Farm Service Agency (FSA) announced that they would be accepting new nominations for farmers and ranchers interested in serving on local county committees. These committees help serve as a direct connection between the USDA and farmers and ranchers across the country, providing invaluable feedback on how the myriad of agency and subagency programs impact agricultural producers. If elected, members serve for three-year terms and work closely in conjunction with their local FSA staff and other committee members. Nominations will be open through August 1st. For more information, please click here
Federal Policy Team
Sara Arsenault
Director of Federal Policy
Matthew Viohl
Federal Policy, Associate Director
Erin Hutson
Federal Policy, Consultant