Vilsack announces $150M for drought relief in California

Posted July, 1 2015

U.S. Agriculture Secretary Tom Vilsack has announced another $150 million for California drought relief, according to a Western Farm Press article available here. Capital Press also published an article available here and San Francisco Chronicle here.

In the next two years, the USDA's Forest Service and Natural Resources Conservation Service (NRCS) along with the Interior Department, the State of California, non-profits, and private landowners will invest $130 million in the partnership, totaling a minimum investment of $210 million.

The $150 million is in addition to the $110 million in drought relief for the West that officials announced on June 12 and the $190 million the federal government had already devoted to drought relief earlier this year. This investment includes $130 million for forest thinning and other projects in the woods and $13.7 million for struggling ranchers, according to Capital Press.

The money for livestock producers is available through NRCS’ Environmental Quality Incentives Program and includes short-term assistance as well as help with long-term solutions such as improving irrigation systems, Vilsack said.

“I think producers want to know that someone’s paying attention and understands the hurt that’s being felt throughout the countryside” because of the drought, said Vilsack. “I think they appreciate the fact that we know the link between our forests and water quality and conservation.”

The headwaters help provide drinking water to 25 million Californians and irrigate farms in the Sacramento and San Joaquin valleys, according to the SF Chronicle.

Vilsack told reporters on a conference call that protecting national forests are key to preserving water resources. Expanding meadows and cutting down trees helps clear the path for snow to melt into streams and rivers, eventually making its way into farmland and reservoirs. Restoration can also ensure enough space for snow to stay on trees and meadows to also melt slowly into groundwater basins.

Approximately $14 million will help ranchers get water for cattle providing access to more water-efficient wells and pipelines, and $6 million for programs helping rural communities gain access to drinking water.

For more information on conservation programs, please visit the National Agricultural Law Center’s website here.

Rep. Kristi Noem: Congress Will Pass Farm Bill

Rep. Kristi Noem (R-SD), member of the House Agriculture Committee, says that Congress will pass a farm bill “in the coming months” according to an article by the Argus Leader, available here.  According the article, Noem indicated that:

“My leadership team has told me that it’s going to happen, because I’ve been pretty ugly with them at different times.”  She continued, “So I’m taking them at their word that they’re going to make sure it gets scheduled and they’re going to make sure we’ve got the votes.” 

The farm bill continues to be a contentious issue in Congress over issues including the nutrition title, farm program payments, and even a catfish inspection program.  For more background on these issues past posts on this blog are available here, here, and here. 

The Senate has had success passing a farm bill, but the road to success has been far more challenging in the House.  In 2012, the House Agriculture Committee passed a farm bill, but it was never brought up for a vote in the House.  The 2012 outcome illustrates the deep divisions on certain issues, which is on only display when the House initially failed to pass a farm bill earlier this year.  Later, the House split the nutrition title from the farm bill that paved a possible path forward for getting a competing bill that could be conferenced with the Senate.  Notably, the House-passed bill would also repeal the 1938 and 1949 permanent laws that have been the backstop to getting previous farm bills across the legislative finish line.  Indications have been that the House will bring up a nutrition-only bill in September, following the August recess, that would cut nutrition programs by about $40 billion.  That said, significant doubts have been expressed about the political viability of that approach.

NSAC Releases Guide to Conservation Stewardship Program

Posted February 12, 2015

The National Sustainable Agriculture Coalition (NSAC) has released two free resources to help farmers and ranchers nationwide learn how apply to enroll in the federal Conservation Stewardship Program (CSP) for 2015, according a NSAC press release available here.

The Farmers’ Guide to the Conservation Stewardship Program provides producers with detailed information on how to apply for and utilize the program to benefit their farms. CSP is a whole-farm, comprehensive working lands conservation program administered by USDA’s Natural Resources Conservation Service (NRCS). CSP rewards producers for the conservation and environmental benefits they produce on their working agricultural lands.

The new guide includes step-by-step enrollment guidance, key definitions, and helpful hints for accessing the program. It also includes a detailed look at the program’s use under the 2008 Farm Bill (from 2009 through 2013). This data section includes analysis of program participation by geographic region, land use type, commodity type, and the top conservation practices, and enhancements chosen by farmers and ranchers who have enrolled in the program.

NSAC has also updated the popular information to incorporate changes to the program following the 2014 Farm Bill.

The deadline to enroll in the federal Conservation Stewardship Program (CSP) for 2015 is February 27.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

Conservation Programs Awarded $340 Million in Federal Funding

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Posted January 16, 2015

Agriculture Secretary Tom Vilsack announced that more than $370 million in Federal funding as part of the new U.S. Department of Agriculture (USDA) Regional Conservation Partnership Program (RCPP), according to a USDA release available here. Farm Futures also published an article available here and Huffington Post here.

RCPP will benefit 115 projects across all 50 states including Puerto Rico. The program will also leverage a total of up to $800 million in partner contributions to improve the nation's water quality, support wildlife habitat, and enhance the environment.

“This is an entirely new approach to conservation efforts,” said Vilsack. “These partnerships empower communities to set priorities and lead the way on conservation efforts important for their region. They also encourage private sector investment so we can make an impact that's well beyond what the Federal government could accomplish on its own. We're giving private companies, local communities, and other non-government partners a way to invest in a new era in conservation that ultimately benefits us all. These efforts keep our land resilient and water clean, and promote economic growth in agriculture, construction, tourism, outdoor recreation, and other industries.”

Jason Weller, chief of the USDA Natural Resources Conservation Service, compared the program to a venture capitalist model, according to Farm Futures.

“RCPP puts our partners in the driver's seat. Projects are led locally, and demonstrate the value of strong public-private partnerships that deliver solutions to natural resource challenges,” said Weller.

The program will boost the rural economy, by supporting contractors and small businesses, according to Huffington Post.

"Some of the largest investments our country will make for land and water conservation are through the farm bill," said Sen. Debbie Stabenow, former chairwoman of the Agriculture Committee.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

 

USDA Requesting Comments on EQIP Rule

Posted December 15, 2014

The U.S. Department of Agriculture (USDA) is publishing a rule that outlines improvements to the Environmental Quality Incentives Program (EQIP), a large conservation program, according to a release available here.

The interim final rule includes program changes authorized by Congress in the 2014 Farm Bill.

"This interim final rule provides a roadmap to help streamline and simplify EQIP for farmers and ranchers," said Agriculture Secretary Tom Vilsack. "We strongly encourage agricultural producers, private forest landowners and stakeholders to provide comments on our implementation processes. This feedback will help us improve our operation and deliver technical and financial assistance more efficiently to our nation's agricultural producers and forest landowners."

The Federal Register is available here.

Comments are accepted until Feb. 10, 2015.

For more information on environmental law, please visit the National Agricultural Law Center’s website here.

USDA to Spend $4 Million on Honey Bee Habitat

Posted October 31, 2014

Agriculture Secretary Tom Vilsack has announced that more than $4 million will be provided to help Midwest farmers and ranchers improve the health of honey bees, according to a U.S. Department of Agriculture (USDA) press release available here. The Huffington Post also published an article here, Capital Press here, and The Hill here.

"The future of America's food supply depends on honey bees, and this effort is one way USDA is helping improve the health of honey bee populations. Significant progress has been made in understanding the factors that are associated with Colony Collapse Disorder and the overall health of honey bees, and this funding will allow us to work with farmers and ranchers to apply that knowledge over a broader area," said Vilsack.

Bees are a crucial role in food production and pollinate approximately $15 billion worth of crops. Recently, their numbers have been declining partially due to colony collapse disorder, according to Huffington Post.

The total number of U.S. bee colonies has dropped from 5 million in the 1940s to 2.5 million today, according to The Hill.

Eligible farmers and ranchers will be able to provide “diverse and safe food resources” to bees. A USDA branch will focus on the effort in Michigan, Minnesota, North Dakota, South Dakota and Wisconsin.

Senator John Hoeven said that the government is also providing $8 million in similar incentives through the Conservation Reserve Program, according to Capital Press.

Funding will be provided to producers through the Environmental Quality Incentives Program (EQIP), and applications are accepted until Friday, November 21, according to the release.

For more information on EQIP, please visit the National Agricultural Law Center’s website here.

USDA Announced Wetland Compliance Provisions Listening Session

Posted July 14, 2014

U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) will host a listening session on July 28, according to a USDA NRCS press release available here.

This session will take place at Ankeny Fire Station #1, 120 NW Ash Drive in Des Moines, Iowa, from 1 p.m. to 4 p.m.

The session will provide farmers and the public an opportunity to provide comments on several proposed technical changes to the agency’s use of offsite wetland determination procedures. NRCS is also seeking input on implementation strategies for the wetland mitigation banking provision provided in the Agricultural Act of 2014.

Iowa is one of six states to hold listening sessions.

“We want landowners to understand and meet their wetland compliance responsibilities which are a condition of participating in USDA programs, including crop insurance,” said Jay Mar, state conservationist for Iowa NRCS.

For more information on conservation programs, please visit the National Agricultural Law Center’s website here.

USDA Seeks Partnerships in New Conservation Program

Posted May 28, 2014

On Tuesday, Agriculture Secretary Tom Vilsack and Senate Agriculture Committee Chairwoman Debbie Stabenow (D-Mich.) traveled to Michigan to launch a new U.S. Department of Agriculture (USDA) program to fund public-private partnerships to reduce water pollution, according to a news release on USDA National Resources Conservation Service (NRCS) available here. Agriculture.com posted an article available here, ABC News here, and The Hill here.

Vilsack also applauded Sen. Stabenow for her leadership as Agriculture Committee Chair to improve conservation programs in Michigan and across the nation, and he recognized her work to craft and secure passage of the Farm Bill, which authorized USDA to create the new conservation program.

The Regional Conservation Partnership Program (RCPP) was authorized earlier this year in the Agriculture Act and combined four programs into one.

“This is an entirely new approach to conservation,” said Vilsack. “We’re giving private companies, local communities, and other non-government partners a way to invest in what are essentially clean water start-up operations. By establishing new public-private partnerships, we can have an impact that’s well beyond what the Federal government could accomplish on its own.”

The RCPP will competitively award funds to private companies, universities, non-profit organizations, and local and tribal governments specifically for their regions. The Agriculture Act gave USDA $1.2 billion for the five-year program, with $400 million available the first year, which it can leverage $2.4 billion through matches. Through RCPP, partners propose conservation projects to improve soil health, water quality and water use efficiency, wildlife habitat, and other related natural resources on private lands.

Conservation also provides an economic boost by stimulating local tourism. Cleaner water and wildlife habitats provide additional opportunities for hunting, fishing, and outdoor recreation. The outdoor recreation economy supports 6.1 million direct jobs in federal, state, and local tax revenue and $646 billion in spending each year.

The RCPP has three funding pools:
35 percent of total program funding directed to critical conservation areas, chosen by the agriculture secretary; 40 percent directed to regional or multi-state projects through a national competitive process; and 25 percent directed to state-level projects through a competitive process established by NRCS state leaders. 

The critical conservation areas Secretary Vilsack announced today are: the Great Lakes Region, Chesapeake Bay Watershed, Mississippi River Basin, Longleaf Pine Range, Columbia River Basin, California Bay Delta, Prairie Grasslands, and the Colorado River Basin.

USDA is now accepting proposals for this program. Pre-proposals are due July 14 and full proposals are due September 26. For more information on applying, visit NRCS website here.

To learn about technical and financial assistance available through conservation programs, visit NRCS website here. For more on the 2014 Farm Bill, visit NRCS website here.

For more information on conservation programs, please visit the National Agricultural Law Center’s website here.

Vilsack Releases Farm Bill Implementation Progress Report

Posted April 7, 2014

Secretary of Agriculture Tom Vilsack recently released a progress report for the implementation of the farm bill including several implementation dates for programs, according to an Agri-Pulse article available here.  A USDA new release is available here.  

Vilsack said, “We are making tremendous progress implementing the new Farm Bill.” 

USDA has made disaster assistance programs for farmers and ranchers a “top priority and quick implementation on relief programs is within sight.”  Beginning on April 15, producers will be able to enroll in the Livestock Indemnity Program and the Livestock Forage Disaster Program.

Implementation dates for Commodity Title programs are not definite, but Vilsack said he expects “everything in place” for the Price Loss Coverage (PLC) and Agricultural Risk Coverage (ARC) program by the fall. 

Vilsack said that some crop insurance provisions, “like conservation compliance rules, may be delayed until 2015.”

The progress report also includes dates for loan rates, the Market Access Program (MAP) and Foreign Market Development Cooperator Program (FMD), and many other programs.  The complete progress report is available here.

Rep. Collin Peterson (D-MN), House Agriculture Committee Ranking member, said “passing the farm bill was almost a miracle,” and “hopefully implementation will be a lot easier.”

Several members expressed concern over the Environmental Protection Agency’s (EPA) proposal to define its jurisdiction over “waters of the United States.”

In response, Vilsack said that the EPA proposal reaffirms permitting exemptions for agriculture, “including agricultural discharges, maintenance of drains and ditches, wastewater treatment and artificial ponds.”  He also noted that the EPA identified 56 conservation practices used in agriculture that would no longer require a permit.

USDA launched a website to provide details on farm bill implementation.  In addition, USDA’s Economic Research Service (ERS) has launched a website highlighting the economic implications of new programs and provisions.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

Senator Cochran Asks USDA to Designate a Critical Conservation Area

Posted April 4, 2014

U.S. Senator Thad Cochran (R-MS) recently suggested that USDA consider designating the Lower Mississippi River Valley as one of the Critical Conservation Areas established by the 2014 farm bill, according to a press release from Sen. Cochran’s office available here.  MS Business also reported on the story here.

Cochran, the ranking Republican on the Senate Agriculture Committee, said he would support a Critical Conservation Area designation that includes Mississippi and neighboring states.  His comments were made during a Senate Subcommittee on Agriculture review of the FY2015 budget for USDA.

“Regional partnerships have proven useful in Mississippi and on the Gulf Coast.  The Lower Mississippi River Valley should receive serious consideration for a designation as a Critical Conservation Area,” said Cochran.

The farm bill, signed into law on Feb. 7, consolidates 23 conservation programs into 13 programs, saving over $6 billion over 10 years.  The law creates a Regional Conservation Partnership Program (RCPP), which encourages collaborative conservation programs with federal, state, and private partners.

“The creation of the Regional Conservation Partnership Program offers an opportunity for regions like the Lower Mississippi River Valley to build upon existing partnerships and to provide agricultural producers and landowners the necessary tools to address critical natural resource issues related to soil health, water quality and quantity, and wildlife habitat on a watershed scale while also supporting a diverse regional economy,” said Cochran.

The Lower Mississippi River Valley includes Mississippi, Louisiana, Arkansas, Tennessee, Missouri, Kentucky and Illinois.

For more information on the farm bill and conservation programs, please visit the National Agricultural Law Center’s website here and here.

Lesser Prairie Chicken Listed as “Threatened” Under the Endangered Species Act

Posted April 2, 2014

The U.S. Fish and Wildlife Service (FWS) recently announced its final listing of the lesser prairie-chicken as “threatened” under the Endangered Species Act (ESA), according to an article by Agri-Pulse available here.

A “threatened” listing means the species is likely to become in danger of extinction within the foreseeable future.

“The lesser prairie-chicken is in dire straits,” said the U.S. Fish and Wildlife Service Director Dan Ashe.  The population has been reduced by an estimated 84 percent over the last 15 years due largely to habitat loss and ongoing drought in the southern Great Plains.

FWS also included a final special rule under section 4(d) of the ESA to limit regulatory impact of the listing on landowners and businesses.  The rule allows five states, Texas, New Mexico, Oklahoma, Kansas, and Colorado, to continue to manage conservation efforts and not subject certain activities to further regulation.  

The rule also says that conservation practices through USDA’s Natural Resources Conservation Service’s Lesser Prairie-Chicken Initiative and through “ongoing normal agricultural practices on existing cultivated land” are in compliance with the ESA and not subject to further regulation.”

Agriculture Under Secretary for Natural Resources and Environment Robert Bonnie announced a renewed and expanded partnership with farmers and ranchers managing land with lesser prairie-chicken range, according to an NRCS news release available here.

“Our goal is to deliver a win-win for agricultural producers and wildlife,” said Bonnie.  “We want to help farmers and ranchers succeed for the long term while also protecting and improving habitat for the lesser prairie-chicken.  Often, what is good for prairie-chickens is good for ranching.”  More information on the Lesser Prairie-Chicken Initiative is available here.

For more information on environmental law and conservation programs, please visit the National Agricultural Law Center’s website here and here.

SD Senator Says Farm Bill Implementation Expected Soon

Posted March 21, 2014

Senator John Thune (R-SD) expects the 2014 Farm Bill to be implemented quickly, according to an article by WNAX available here.

Thune predicts that farmers could be signing up for new farm programs by this fall and disaster assistance this spring.

About $4 million has been allocated to help with education prior to sign-up periods due to the complexity of new programs. 

USDA is currently holding listening sessions to hear from stakeholders regarding the implementation of the farm bill (Agricultural Act of 2014).  Information on the next listening session on March 27 is available here.

The March 27 listening session will be held by USDA’s Farm Service Agency (FSA) and the Risk Management Agency (RMA) on the farm safety net.  New programs being implemented by FSA will include the Agriculture Risk Coverage (ARC), Price Loss Coverage (PLC), and the Dairy Margin Protection Programs (MPP-Dairy).  RMA will implement the new Supplemental Coverage Option (SCO), Stacked Income Protection Plan (STAX) for producers of upland cotton, conservation compliance requirements, and several new program revisions leading to enhanced crop insurance coverage. 

Written comments may also be submitted by April 2, 2014. 

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

Tax Court Says Non-Farmer’s CRP Income Subject to Self-Employment Tax

Posted March 11, 2014

In a case which could have broad implications for passive investors in farmland, the U.S. Tax Court ruled that a non-farmer’s Conservation Reserve Program (CRP) income is subject to the self-employment tax, according to a Western Farm Press article available here.  An article by Iowa State University’s Center for Agricultural Law and Taxation is available here.

Since the 1980s, the IRS consistently took the position that a taxpayer “had to be materially participating in a farming operation for CRP payments to be subject to self-employment tax” and the courts agreed.  In 2003, however, the IRS altered its position: “the mere signing of a CRP contract resulted in the taxpayer being engaged in the trade or business of farming with the result that the CRP payments were subject to the self-employment tax.”

In Morehouse v. C.I.R., 140 T.C. No. 16 (2013), available here, the U.S. Tax Court agreed with the IRS, ruling that the CRP payments received by non-farmer participants are subject to the self-employment tax because they are engaged in the trade or business of farming as a result of signing the CRP contract.

Morehouse was a non-farmer who lived in Texas.  He inherited land in South Dakota and put a majority of the property into CRP, hiring a local farmer to maintain the CRP land consistent with the CRP contract.  He reported the CRP income in Schedule E, where it was not subject to the self-employment tax.

The Tax Court ruled that CRP payments may not constitute “rents from real estate” and are not exempt from self-employment tax under I.R.C. § 1402(a)(1).  In addition, the issue of whether a taxpayer is engaged in a trade or business as required by I.R.C. § 1402(a) is a fact question.  The Court concluded that by signing the CRP contract and fulfilling its obligations, Morehouse’s involvement was regular and continuous and constituted a trade or business, thus making the CRP payments subject to the self-employment tax.

For more information on agricultural tax issues, please visit the National Agricultural Law Center’s website here.

USDA Announces $3 Million for Program to Improve Honey Bee Health

Posted March 10, 2014

USDA’s Natural Resources Conservation Service (NRCS) will provide about $3 million in technical and financial assistance for interested farmers and ranchers to improve the health of bees, according to USDA news release available here.  The Midwest Producer and Ag Professional also reported on the story here and here.

The funding will be available to producers in five Midwestern states: Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin.

“Honey bee pollination supports an estimated $15 billion worth of agricultural production, including more than 130 fruits and vegetables that are the foundation of a nutritious diet.  The future security of America’s food supply depends on healthy honey bees,” said Agriculture Secretary Tom Vilsack.  

“Expanded support for research, combined with USDA’s other efforts to improve honey bee health should help America’s beekeepers combat the current, unprecedented loss of honey bee hives each year.”

Recent studies show that beekeepers are losing about 30 percent of their honey bee colonies each year, which is double the amount of losses experienced according to historical norms prior to 2006.

Funding for the program will be provided through the Environmental Quality Incentives Program (EQIP) to promote conservation practices that will benefit honey bees while also benefiting the environment. 

These Midwestern states were chosen because the region is a resting ground for over 65 percent of the commercially managed honeybees in the country from June to September. 

Applications are due March 21, 2014.

For more information on EQIP, please visit the National Agricultural Law Center’s website here.

EPA’s Watershed Academy Webcast Seminar: March 25

Posted March 10, 2014

The U.S. Environmental Protection Agency’s (EPA’s) Watershed Academy is sponsoring a free webcast seminar on Tuesday, March 25, 2014.  Details are available here.

The webcast, “Improve Water Quality by Using Cover Crops and Other Conservation Practices,” will provide information on using cover crops and other conservation systems to improve water quality in agricultural landscapes.  Cover crops are used to protect and improve soil, reduce sediment and phosphorus losses to nearby waterways, and increase yields. 

The webcast will “introduce nutrient cycling and the importance of soil health in agricultural landscape and discuss how systems of conservation practices such as cover crops can help to improve soil nutrient retention and reduce nutrient losses.”  The webcast will also provide information on common cover crop types, discussing where and why they are used.

 

The two-hour webcast will be available from 1 p.m. to 3 p.m. EST

Registration information is available here.

For more information on conservation programs, please visit the National Agricultural Law Center’s website here.

NALC Resource: Conservation Programs Reading Room

Posted January 24, 2014

The National Agricultural Law Center offers a wide range of resources, one of which is the Conservation Programs Reading Room available here.

The U.S. Department of Agriculture, through the Natural Resources Conservation Service (NRCS) and the Farm Service Agency (FSA), currently administers the federal conservation programs.  Conservation programs are voluntary and designed to encourage agricultural producers and landowners to undertake conservation practices on agricultural lands.  Types of conservation programs include “land retirement” and “working lands” programs. 

Major programs include the Conservation Reserve Program, Wetlands Reserve Program, Environmental Quality Incentives Program, and the Conservation Security Program. 

The Conservation Programs Reading Room provides information on major statutes, relevant regulations, a link to the Conservation Programs case law index, Administrative Law Decisions, Center Research Publications, relevant Congressional Research Service reports, and many other resources.

These resources are provided by the National Agricultural Law Center as a free service to the public.  

USDA Report Finds Success in Chesapeake Bay Conservation Practices

Posted December 11, 2013

USDA recently released a report finding that farm bill conservation practices are reducing runoff of nutrients and sediment in the Chesapeake Bay Watershed, according to a USDA news release available here.  The full report is available here.

The report, part of the USDA’s Natural Resources Conservation Service (NRCS) Conservation Effects Assessment Project (CEAP) “estimates that since 2006, conservation practices applied by farmers and landowners are reducing nitrogen leaving fields by 48.6 million pounds each year, or 26 percent, and reducing phosphorus by 7.1 million pounds, or 46 percent.”

The report also says that conservation practices have lowered the estimated average eroded soil “by about 15.1 million tons a year, or 60 percent – enough soil to fill 150,000 rail cars stretching more than 1,700 miles.”  In addition, some form of erosion control has been adopted on 97 percent of cropland acres in the area.  Land with cover crops also increased from 12 percent to 52 percent in that time period.  The “majority of these conservation practices in the Chesapeake Bay were made possible through Farm Bill conservation programs, which are now expired.” 

Conservation groups like the National Association of Conservation Districts (NACD), say the report shows voluntary use of good conservation practices “is paying off in a big way,” according to an article by Farm Futures available here.

“The report highlights the importance of conservation planning,” said NACD President Earl Garber.  “No single practice applies for every producer on cultivated cropland; the use of a comprehensive conservation plan has been critical to these water quality successes.”

For more information on conservation programs, please visit the National Agricultural Law Center’s website here.