THIS WEEK IN
Federal Policy News
July 28, 2022
Forest Service Taking Emergency Action to Protect Giant Sequoias
In response to immediate wildfire threats, the U.S. Forest Service is initiating emergency fuels reduction treatments to provide for the long-term survival of giant sequoia groves. These actions will make use of existing authorities under the National Environmental Policy Act (NEPA) to conduct emergency fuels treatments on approximately 13,377 acres that will protect 12 giant sequoia groves as expeditiously as possible. The emergency fuels treatments include removal of surface and ladder fuels including hand cutting of small trees, mechanical removal of trees, application of borate on green stumps, pulling duff away from the base of large giant sequoias, and prescribed burning. 
 
The estimated cost for the manual and mechanical treatments on both the Sequoia and Sierra National Forests, including prescribed burn preparation, is approximately $21 million in funding from the Bipartisan Infrastructure Law and appropriations from Congress. 
 
Of the 37 giant sequoia groves found on 37,000 acres of national forests in California, all but five have burned or partially burned in recent wildfires. Since 2015, wildfires have caused significant destruction of the giant sequoia groves and have destroyed nearly one-fifth of all giant sequoias in the last two years. 
Immigration Coalition Holds Press Event on Ag Labor Bill
Yesterday morning, several figures from groups in the Alliance for a New Immigration Consensus (ANIC) held a press event, calling on the Senate to move forward with the Farm Workforce Modernization Act (FWMA). California Farm Bureau joined the coalition earlier this year in an effort to encourage lawmakers to come together on bipartisan immigration legislation. FWMA has been a key piece of these efforts, as it passed with strong bipartisan support in the House earlier this year. 
 
The list of speakers included several tied closely to the agricultural industry, representing organizations such as The Produce Moms of Indiana, Snake River Farmers Association, The LIBRE Initiative, and others. In recent weeks, there has been growing attention on FWMA from media groups, with several articles discussing the politics and prospects being the bill. The legislation would make substantial changes to the H-2A program and help establish legal resident status for previously undocumented agricultural workers. With August recess quickly approaching, it is possible that Senators Mike Crapo (R-ID) and Michael Bennett (D-CO), primary writers of the Senate version, will introduce the bill later this week. 
AFBF Publishes Market Intel Focusing on Importance of Farm Bill
American Farm Bureau Federation has published a Market Intel piece titled What is the (Food and) Farm Bill and Why Does It Matter? The piece provides a background and brief history of the farm bill as well as a title-by-title description, including the programs encompassed in each title. With work on the next farm bill starting to gain momentum, this article is the first of a series of Market Intel articles that will dive deeper into farm bill programs. To view additional AFBF Market Intel pieces or subscribe, visit the AFBF website here.
USDA Feral Swine Survey
USDA National Agricultural Statistics Service (NASS), in coordination with the National Feral Swine Damage Management Program, is currently conducting a Feral Swine Survey. NASS mailed questionnaires to more than 11,000 producers growing corn, soybeans, wheat, rice, peanuts, and sorghum in several states including California during the last week of June 2022. Data from the survey will be used to estimate the costs of feral swine damage to agricultural commodities, better understand the impacts of this invasive species on U.S. agriculture, help stakeholders make informed feral swine management decisions, and more effectively allocate resources to reduce damage. If you or someone you know received a survey, please be sure to send in your responses by August 12, 2022. 
President Johansson Attends AFBF Council of Presidents
Earlier this month, CAFB President Jamie Johansson attended the American Farm Bureau Federation Council of Presidents in Washington, DC. During that meeting, state farm bureau presidents from across the county gathered to meet with key agency officials and members of Congress including USDA Secretary Tom Vilsack, EPA Administrator Michael Regan, and House Agriculture Committee Ranking Member GT Thompson. In addition, several of the western state farm bureau presidents met with officials from the Department of the Interior including the Bureau of Land Management Director Tracy Stone-Manning, U.S. Fish and Wildlife Service Director Martha Williams and Bureau of Reclamation Deputy Commissioners David Palumbo and Michael Brain. 
Port of Oakland Backlogs Slowly Ease as Protests End
On Monday, protestors of California’s AB5 legislation had largely cleared up or congregated in “Free Speech Zones” set up by the Port of Oakland, after the previous week had brought operations to a near standstill due to protestors blocking the entrance. AB5 changed how independent contractors are defined in the state, leading some industries to be more impacted than others. Truckers at the protest feel that the law is damaging for independent drivers and that existing issues at the Port of Oakland helped show where some of these changes can negatively impact their work status. While the entrance opened back up on Monday without issue, the near week-long protest has resulted in significant backlogs that continue through today. 
U.S. Fish and Wildlife Service Rescinds Endangered Species Act Critical Habitat Exclusion Regulations
On July 21, the U.S. Fish and Wildlife Service (Service) issued a final rule that rescinds a 2020 final rule that more specifically set forth the FWS process for considering exclusions from critical habitat designations. The Service is now reverting to previous regulations and their 2016 policy on exclusions.  

CAFB has advocated for improvements to the ESA for many years and supported the five implementation rules from the last administration. Combined with a previous final rule rescinding the definition of “habitat” for the purpose of critical habitat designation and a recent court decision in the Northern District of California, all five Trump Administration ESA implementation rules have been revoked or vacated. 
USDA Designates California Counties as Primary Natural Disaster Areas Due to Freeze
On July 19, USDA designated sixteen California counties as primary natural disaster areas due to freezes that occurred in both February and April 2022. Secretarial natural disaster designation allows the USDA Farm Service Agency (FSA) to extend emergency credit to producers recovering from natural disasters through emergency loans. Emergency loans can be used to meet various recovery needs including the replacement of essential items such as equipment or livestock, reorganization of a farming operation, or the refinance of certain debts. USDA FSA reviews loans based on the extent of losses, security available and repayment ability.   
  • For the freeze that occurred February 21-28, 2022, the primary counties eligible include Butte, Madera, Merced, San Joaquin, Solano, Stanislaus, Sutter, Tehama, Yolo and Yuba.  
  • For the freeze that occurred on February 24, the primary counties eligible include Colusa and Glenn. 
  • For the freeze that occurred April 11-13, 2022, eligible counties include Amador, Calaveras and El Dorado. 
House Reviews Crop Insurance Title of the Farm Bill
Earlier this month, the House Subcommittee on General Farm Commodities and Risk Management held a hearing reviewing Title XI of the Farm Bill. This title deals exclusively with crop insurance—something that is expected to receive greater attention than usual in the upcoming 2023 Farm Bill. Legislators cited some of the current strengths and weaknesses in the various programs, from the Tree Assistance Program to Whole Farm Coverage. Witnesses testified to several of these issues and often cited the regulatory burdens and insufficient funding some of these programs receive. CAFB has been active with AFBF and our other state partners in developing a policy approach that takes in these considerations as we prepare for next year’s legislation. 
House Labor Subcommittee Examines H2 Visa Programs
Last week, the House Workforce Protections Labor Subcommittee held a hearing examining the H2 visa programs and supposed abuse within the system. Chairwoman Alma Adams (NC-12) did not mince words in suggesting some of the stories are tantamount to “modern day slavery.” Several Democrats highlighted Operation Blooming Onion, a Department of Justice investigation that charged several H2-A employers in Georgia last year with abusing the system and not appropriately paying workers. While such cases certainly exist, Republicans pointed out that the vast majority of H2-A employers operate within the strict confines of the law.

Most H2-A users are quite familiar with the substantial amount of work needed to comply with the regulatory hurdles inherent in the system. In addition, these contracted workers are not just paid higher salaries (now $17.51 in California) than the federal minimum wage, but employers must also provide for their housing, food, and transportation costs. As was noted several times from Republicans on the subcommittee, the domestic workforce simply does not exist in order to cover all of the agricultural job vacancies here in the US. Despite these arguments, Democrats seemed quite intent on expanding the Department of Labor’s oversight into the H2-A and H2-B visa programs based on their remarks throughout the hearing.
Conaway to Serve on Natural Resources Committee
Rep. Connie Conaway (CA-22) has been assigned to the House Natural Resources Committee by House GOP leadership. In that role, she will also serve on two of the Committee’s Subcommittees; these include the Water, Oceans and Wildlife and Energy and Mineral Resources. Rep. Conaway won a special election to succeed Rep. Devin Nunes following his resignation. With the 22nd District splitting up to redistricting, Rep. Conaway will not run for reelection and leave after the current session of Congress ends in January. 
Federal Policy Team
Sara Arsenault
Director of Federal Policy
Matthew Viohl
Federal Policy, Associate Director
Erin Hutson
Federal Policy, Consultant