House Passes Stand Alone Ag Disaster Bill Before Leaving for August Recess; Farm Bill Talks to Continue
On Thursday, the House of Representatives took up and debated H.R. 6233, the Agricultural Disaster Assistance Act of 2012 and later approved the legislation by a vote of 223-197. The disaster package would retroactively reauthorize disaster assistance programs for livestock producers for 2012 in an effort to address some of the impact of drought and high feed costs.
As you may recall from last week’s newsletter, House Republican leadership had initially indicated that they would attach a one-year extension of the current farm bill to the disaster assistance package. However, as the vote counting began, and as many commodity groups expressed opposition to anything other than a new five year farm bill, it became apparent that an extension lacked votes for passage. GOP leaders then moved forward with only the disaster assistance portion of the proposal, which became H.R. 6233.
Prospects for the disaster assistance package remain unclear. The Senate left Washington for August recess without acting on the issue; the chamber remains divided between those who want to act quickly on a stand-alone bill such as HR 6233 and those who are pressing forward for a five-year farm bill which includes renewal of disaster assistance programs for livestock producers.
House and Senate agriculture committee leadership has pledged that they and their staff would continue to meet to informally work out differences between the Senate-passed farm bill and the House Agriculture Committee approved bill. One major obstacle to action before the current farm bill expires on September 30 is the rapidly shrinking time window to take action. Once Congress returns to session in early September, they will be in session for fewer than 10 legislative days before recessing for the election.
NCFC continues to join with others in the agricultural community in emphasizing the need for a five-year farm bill that provides an adequate safety net for producers in a regionally balanced way.
House Committee Takes Up Bill to Reaffirm Clean Water Act Exemption
On Wednesday, the Transportation and Infrastructure Committee considered HR 4278. The legislation addresses and reaffirms Clean Water Act Exemption found under Section 404(f).
EPA and the Corps of Engineers often point to section 404(f)(1) of the Clean Water Act to defend themselves against allegations that they regulate normal farming, silviculture (forestry activities), and ranching activities. On its face, section 404(f)(1) exempts activities such as farming, farm ponds, irrigation ditches, and farm roads from section 404 permitting requirements. However, EPA and the Corps fail to reveal that they interpret the section 404(f)(1) exemptions to be almost entirely subsumed by the “recapture” provision in section 404(f)(2). According to the Agencies, Congress provided a regulatory exemption for normal farming, silviculture, and ranching activities in one paragraph of the Clean Water Act only to allow the EPA and Corps to take it away with another paragraph.
HR 4278 clarifies Congress’ original intent. Section 404(f)(1) already says that normal farming, silviculture, and ranching activities are exempt from federal regulation under the Clean Water Act. With this legislation, EPA and the Corps cannot take away or narrow those exemptions for planting, constructing or maintaining a farm pond, constructing or maintaining irrigation or drainage ditches, or constructing or maintaining farm roads.
Washington Roundup: House Approves Bill Increasing Exemption for On-farm Fuel Containers; USDA Posts Additional Resources on Drought Web Site
- House Approves Bill Increasing Exemption for On-farm Fuel Containers: This week, the House of Representatives passed, by a voice vote, H.R. 3158, legislation that would increase the exemption limit for on-farm storage of fuel from 1,320 gallons to 10,000 gallons; currently, the EPA’s Spill Prevention, Control and Countermeasure (SPCC) regulations require that any farmer or rancher storing more 1,320 comply with EPA’s rules.
- USDA Posts Additional Resources on Drought Web Site: USDA has update its web site providing information and resources for producers in areas impacted by the drought. For additional information, please visit www.usda.gov/drought.
Upcoming Events:
NCFC Meetings
- September 25-26, 2012—NCFC Executive Council Meeting—Liaison Hotel, Washington, D.C.
- October 4-5, 2012—NCFC LTA Subcommittee Chair & Vice Chair Meeting—Hyatt Regency Mission Bay, San Diego, Calif.
- November 14-16, 2012—NCFC Government Affairs Committee Meeting—Vintner’s Inn, Santa Rosa, Calif.
- February 6-8, 2013—NCFC 84th Annual Meeting—Westin Kierland, Scottsdale, Ariz.