National Issues

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National Issues include all national farm programs, dairy Issues, federal regulatory proposals, animal health and well-being, farm labor & farm safety and is overseen by PFB’s Federal Affairs Specialist.

Grant Gulibon

Environmental Specialist
717-761-2740

Bailey Thumm

Federal Affairs Specialist
717-731-3585

2022 Strategic Priorities

Contact: Bailey Thumm, Federal Affairs Specialist
717-731-3585 | bmthumm@pfb.com

Every year, Farm Bureau members in more than 2,800 counties meet to discuss and vote on policies affecting their farms and communities. These same policies set the agenda for state Farm Bureaus and the American Farm Bureau. Our grassroots process gives strength to Farm Bureau, and helps us advocate on behalf of our farmers.

Farm Bureau’s strategic priorities for 2022 include: agricultural labor, farm policy (including dairy), infrastructure, regulations (including the new proposed Waters of the U.S. rule), rural health, supply chain, sustainability, and taxes. Addressing these issues are critical for continued success of agriculture and our farmers. Farm Bureau looks forward to continuing to work with the 117th Congress and the Administration to address these issues.

This document provides a brief overview of these issues as well as our goals. Supply chain, sustainability, infrastructure, Waters of the U.S., and dairy are covered in individual background papers. More information on any of these strategic priorities are available upon request. For additional policy insight and analysis, and more detail about many of Farm Bureau’s strategic priorities, please visit AFBF’s Market Intel page at: https://www.fb.org/market-intel.

Agricultural Labor

U.S. agriculture faces a critical shortage of workers every year, as citizens are largely unwilling to engage in these rigorous activities and guestworker programs are unable to respond to the marketplace. This situation makes our farms less competitive with foreign farmers and less reliable for the American consumer. Securing a reliable and competent workforce for our nation’s farms is essential to agriculture and to the U.S. economy. Farm Bureau will work to:

  • Achieve meaningful legislation that helps farmers meet their labor needs.
  • Update H-2A rules to enhance farmers’ ability to hire the workers they need.

Dairy

Dairy is an important part of the agriculture industry, and plays a critical role in Pennsylvania’s economy, generating $14.7 billion in annual revenue and more than 52,000 jobs. Dairy also plays an important role in diets, because it contains nine essential nutrients, and is a good source of protein. While these facts are compelling, the dairy industry has also been greatly challenged in recent years. Farm Bill will work to:

  • Advance Modified Bloc Voting as the first step toward Federal Milk Marketing Order Reform.
  • Increase access to higher fat milks in schools.
  • Seek FDA enforcement of food standards regarding the labeling of dairy products, and measures that would prohibit the misleading labeling of nut- and plant-based food products as “milk” or other common dairy names.

Farm Policy

The farm bill is omnibus, multi-year authorizing legislation that governs an array of agricultural and food programs. It is typically renewed about every five years. The 2018 farm bill contained 12 titles encompassing commodity price and income supports, crop insurance, farm credit, trade, conservation, research, rural development, energy, and foreign and domestic food programs, among others. The 2018 farm bill was signed into law in December 2018, and brought another five years of certainty to farm families; upheld fiscal responsibility by being budget neutral; improved risk management programs; protected crop insurance; funded much-needed trade development; and invested in the future with funding for ag research and beginning farmer programs. The current farm bill will extend through the 2023 crop year and will cover the 2023/24 marketing year crops. Dairy provisions of the farm bill will expire in calendar year 2023.

Farm Bureau will continue to work with Congress and the new Administration on implementation of the 2018 bill, as well as surface proposals for inclusion in the 2023 farm bill and help set the stage for bipartisan farm bill discussions.

Infrastructure

Rural communities play an important role in our nation’s economy. They are home to a majority of U.S. manufacturing and our agricultural production. American agriculture feeds the world, creates millions of jobs and help keep our economy strong. Our international competitiveness depends on our ability to produce our products, and get them to market. This means we need the right infrastructure in our rural communities. Deteriorating rural infrastructure threatens the competitive leadership of American agriculture. Farm Bureau will work to:

  • Increase resources to expand rural access to reliable, high-speed broadband service.
  • Ensure authorized resources are responsibly and efficiently allocated to rebuild, repair and modernize transportation infrastructure, including rural roads and bridges, ports, and inland waterway locks and dams.
  • Increase federal investment in agricultural research.

Supply Chain

During the COVID-19 pandemic, our nation witnessed vulnerabilities throughout the supply chain that had not been seen before. Early on, consumers faced empty grocery store shelves, and long food bank lines. At the same time, farmers were asked to cull animals, dump milk and plow under fresh produce. Supplies of farm inputs like crop protectants, fertilizers, and seeds have been difficult to obtain, and expensive to purchase. Transportation of farm products and supplies is more expensive and less available today than at pre-pandemic levels, and timely maritime transportation of agricultural exports has been a challenge. Added to these challenges is the fact that agricultural labor – whether domestic or foreign – is increasingly difficult to access and expensive. Farm Bureau will work to:

  • Identify and pursue regulatory and administrative actions that decrease port congestion, reduce barriers to employment, speed up transportation of goods via rail and highway, and ease inflationary pressures.
  • Support infrastructure investments that foster long-term growth in production, processing, trade and distribution.
  • Expand agricultural processing capacity and enhance market transparency.
  • Provide support to small, intrastate meat and poultry processing plants to attain federal inspection.
  • Ensure access to agricultural inputs through proactive trade policies and science-based environmental assessments of chemical registrations.

Sustainability

U.S. farmers are at the forefront of climate-smart farming, and utilizing scientific solutions, technology, and innovation to work to protect our land, air, and water. They are producing more food, renewable fuel, and fiber than before. At the same time, farmers are using less water, protecting against erosion, conserving more soil, avoiding nutrient loss, increasing wildlife habit, and improving biodiversity. In fact, U.S. agriculture would have needed nearly 100 million more acres 30 years ago to match today’s production levels. Farmers are looking for solutions to strengthen this essential industry and improve our sustainability, but farmers cannot tackle this alone. Farm Bureau will work to:

  • Ensure that environmental sustainability efforts also ensure economic sustainability for farmers.
  • Provide voluntary, market-based incentive tools and technical assistance for farmers and foresters to enhance carbon sequestration and other greenhouse gas emissions reductions using scientifically sound standards.
  • Foster the development of private sector ecosystem services markets.
  • Increase public awareness of agricultural advances in conservation and climate-smart practices.

Rural Health

Farmers and farm families are increasingly experiencing stress and mental health issues. The pandemic, trade disputes, volatile commodity prices and more have all contributed to increased stress for the agricultural community. In fact, a strong majority of farmers and farm workers (66 percent) state that COVID-19 has impacted their mental health. Farm Bureau remains committed to providing resources and training, and advocating for legislation and policy ensuring mental wellness. Learn more on the Farm State of Mind (mental wellness): https://www.fb.org/land/fsom and FarmTown Strong (opioid epidemic): https://farmtownstrong.org/. Farm Bureau will work to: 

  • Increase awareness of mental health resources and encourage broader availability of agriculture-specific assistance.
  • Expand programs to provide resources and address stigma surrounding mental health challenges.
  • Support policies and legislation to provide stress assistance programs to farmers, increase farmer-facing training opportunities, increase awareness and reduce stigma for rural mental health issues.

Regulations

Federal regulations have a direct impact on farmers. Today, agricultural producers are faced with a flurry of requirements that impact many facets of agriculture. These include the Clean Water Act (such as WOTUS, prior converted cropland criteria, wetlands jurisdictional determinations or total maximum daily load limits); the Endangered Species Act (through designation of species, establishment of critical habitat, application of the best available science); the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); the Food Safety Modernization Act (FSMA); and immigration and labor regulations.

These requirements can be the result of federal legislation, agency interpretations, or they can sometimes emanate from court decisions. But no matter how they are established, the result often can be controversial. Stakeholders may disagree on the language in the statute; affected parties may disagree on the science, the data or the models underpinning one or the other. Farm Bureau will work to:

  • Defend recent improvements to environmental regulations including the Navigable Waters Protection Rule, National Environmental Policy Act procedural updates, and the Endangered Species Act habitat rules.
  • Work for reform of decision making and appeals related to conservation compliance (Swampbuster) rules.
  • Ensure multiple use mandates on federal lands are respected.
  • Continue to work for a regulatory environment that enables farmers to be productive as well as environmentally and economically sustainable.
  • Ensure that renewable energy sources such as U.S.-grown biofuels are utilized to their full potential.

Waters of the U.S.

The definition of “waters of the United States” (WOTUS) has been the subject of controversy and multiple Supreme Court decisions over the years. The challenge is how a WOTUS is defined, and how that definition impacts the ability of farmers and landowners to use their land. The issue is of significant concern to many, especially to farmers. Now, the EPA and the Army Corps have proposed a new rule that would roll back the successful Navigable Waters Protection Rule and replace it with an updated version of the pre-2015 regulatory regime.

Farm Bureau will work to ensure that:

  • The Agencies produce a rulemaking that respects Supreme Court precedent and Congressional intent.
  • Any rulemaking provides clarity and certainty.
  • Landowners are able to understand when they need CWA §404 permits, including where federal jurisdiction ends and state jurisdiction begins.
  • Farm Bureau members can navigate the permit process or know when to obtain the services of environmental consultants and legal counsel.

Taxes

Agriculture is an uncertain business. Product markets, fluctuating input prices, uncertain weather, insects and disease outbreaks makes running a farm business challenging. Farmers also borrow and invest large sums of money in capital assets like land and buildings in order to operate their businesses. As a result, farmers need a tax code that recognizes the financial challenges faced by agricultural producers. Farm Bureau believes that tax laws must protect, not harm, the family farms that grow America’s food and fiber.

Individuals, family partnerships and family corporations own over 99 percent of our nation’s more than two million farms. America values these family-owned farms because of the food, fiber and fuel they produce; the contribution that agriculture makes to job creation and the economy; and the open space that farming protects. Farm Bureau will work to:

  • Secure permanent estate tax and capital gains tax law that allows family-owned farms to transfer from one generation to another.
  • Make low-income tax rates and business deductions permanent to permit farmers to keep more of their earnings and invest in their businesses.
  • Lock in tax code provisions that allow farm operations to match expenses with income so they can manage the seasonal and cyclical nature of their businesses.

Trade

Ninety-five percent of the world’s consumers live outside our borders. International trade and the relationships that go with it make our world a safer, more stable place. Fewer barriers to U.S. agriculture exports allow us to deliver more food into the hands of people who need it. Trade is vital to the success of our nation’s farmers. Farm exports make up a large portion of farmers’ income. In fact, more than 25 percent of all U.S. ag production ultimately goes to markets outside our borders. Farm Bureau will work to:

  • Expand trade opportunities for U.S. agriculture.
  • Encourage the U.S. to join the Comprehensive & Progressive Trans Pacific Partnership agreement.
  • Maintain the China Phase 1 agreement and ensure it is implemented.
  • Seek continued implementation of the U.S.-Mexico-Canada Agreement, including produce plan implementation.
  • Reduce tariffs and non-tariff barriers to trade.
  • Engage in trade negotiations with the United Kingdom and other nations.
  • Advance reform of the World Trade Organization.

Supply Chain

Contact: Bailey Thumm, Federal Affairs Specialist
717-731-3585 | bmthumm@pfb.com

Overview 

A dependable supply chain allows businesses to receive raw materials and transport final products in a timely manner. Families also need to be assured that the supply chain is working effectively because they rely on businesses to supply them with everyday items such as food and clothing. COVID-19 has highlighted pinch points within the supply chain. Farm Bureau has been working over the last few years to address issues as they arise, and work toward long-term solutions designed to create a reliable and stable supply chain.

 

Background

During the COVID-19 pandemic, our nation witnessed vulnerabilities throughout the supply chain that had not been seen before. Early on, consumers faced empty grocery store shelves and long food bank lines. At the same time, farmers were asked to cull animals, dump milk and plow under fresh produce. The supply chain problem for farmers is they have the goods to sell, but transportation bottlenecks and labor shortages force them to waste valuable products.

Supplies of farm inputs like crop protectants, fertilizers, and seeds have been difficult to obtain and expensive to purchase. Transportation of farm products and supplies is more expensive and less available today than at pre-pandemic levels, and timely maritime transportation of agricultural exports has been a challenge. Added to these challenges is the fact that agricultural labor – whether domestic or foreign – is increasingly difficult to access and expensive.

One of the most-high profile issues lately has been ongoing congestion and related logistical obstacles. These obstacles have threatened U.S. farmers’ ability to meet much-welcome increases in foreign demand for agricultural products. Fewer containers have been made available for U.S. agricultural commodities, as ocean carriers have circumvented traditional marketing channels and rushed containers back to be exported empty. Accessibility to export containers has been further limited by record shipping costs and harmful surcharges.

With these factors combined, the ability for farmers to fulfill overseas contracts has been significantly impacted, with some estimates exceeding $4.2 billion in lost agricultural exports. Additionally, a survey by the Agriculture Transportation Coalition found that on average, 22 percent of U.S. agriculture foreign sales could not be completed because of ocean carrier practices like exorbitant freight rates, declined booking requests, failure to communicate schedules in a timely manner and several others.

As a result of the significant supply chain challenges, Farm Bureau has identified this issue as a strategic priority for 2022. Farm Bureau asks the Administration and Congress to pursue initiatives and legislation to help resolve existing supply chain challenges and work toward improvements within the supply chain.

Farm Bureau will be working to:

  • Identify and pursue regulatory and administrative actions that decrease port congestion, reduce barriers to employment, speed up transportation of goods via rail and highway, and ease inflationary pressures.
  • Support infrastructure investments that foster long-term growth in production, processing, trade and distribution.
  • Expand agricultural processing capacity and enhance market transparency.
  • Provide support to small, intrastate meat and poultry processing plants to attain federal inspection.
  • Ensure access to agricultural inputs through proactive trade policies and science-based environmental assessments of chemical registrations.

Top Things to Know

  • August 2022: House Transportation and Infrastructure introduced the Freight Rail Shipping Fair Market Act (R.8649).
    • Farm Bureau SUPPORTS H.R.8649 and asks for congressional members to co-sponsor the legislation. H.R.8649 reauthorizes the Surface Transportation Board and includes various reforms to the rail industry to ensure for a dependable mode of transportation.
  • June 2022: President Biden signed S.3580, the Ocean Shipping Reform Act (OSRA) into law.
    • Farm Bureau SUPPORTED S.3580. This legislation addresses the bottlenecks at ports caused by record-high shipping costs and container shortages. AFBF President Zippy Duvall was invited to the signing ceremony at the White House and spoke at the bill signing.

For More Information

Climate and Sustainability

Contact: Bailey Thumm, Federal Affairs Specialist
717-731-3585 | bmthumm@pfb.com

 

Overview

30 years ago, U.S. agriculture would have needed nearly 100 million more acres to match today’s production level. Farmers are utilizing the innovation and technology available to create a more sustainable and efficient operation. In return, their advancements in sustainable farming have led to cleaner air and water as well as the preservation of land. Climate and sustainability encompass and impact many industries, which is why farmers cannot be expected to help solve these issues alone.

 

Background

U.S. farmers are producing more food, renewable fuel and fiber than before, while using less water, protecting against erosion and conserving more soil, avoiding nutrient loss, increasing wildlife habit and improving biodiversity. Farmers are also improving efficiency and promoting healthy soil by planting cover crops and adopting practices that reduce and, in some cases, eliminate the need for tilling—or turning the soil over. Healthier soil also means cleaner air and water, as farmers trap carbon in the soil and reduce runoff with these practices.

Agriculture can also play a role in offsetting emissions beyond the farm gate. From climate-smart farming practices to voluntary management of forests, grasslands, wetlands and croplands, farmers are not only reducing their footprint, but also are actively absorbing carbon from the atmosphere. According to the EPA, land management practices alone removed 764 million metric tons of CO2 from the atmosphere in 2018. In comparison, the removal of 764 million metric tons of CO2 is equal to taking 165 million vehicles off the road for a year. If agriculture is to continue to lead the way, our country must prioritize its investment in agriculture research and innovation, with a focus on solutions that ensure vibrant rural communities and a healthy agriculture economy. Consider these facts about American agriculture:

  • Only 10.2% of the total U.S. GHG (greenhouse gas) emissions are contributable to agriculture. Less than 3% of total U.S. GHG emissions stem from livestock.
  • 132% more renewable energy sources such as geothermal, solar panels, windmills, hydro systems, and methane digesters in the last 5 years from farmers.
  • Combined, U.S. agriculture, land use, and forestry are a net sink for carbon emissions. The largest carbon sink involved U.S. forestry lands. They absorb more CO2 from the atmosphere than they emit.
  • 140 million acres (15% of all farmland) are enrolled in USDA conservation programs. This is equal to the total land area of California and New York combined.
  • Over the last decade, nearly three trillion pounds of corn have been used to produce clean, renewable ethanol for blending into motor fuels. In 2018 alone, the use of ethanol and biodiesel reduced carbon emissions by an amount equivalent to 18 million cars.

Farm Bureau believes that adaption strategies and tools can be utilized to face the challenges of more inclement weather and a changing climate. Appropriate funding and emphasis should be given to agricultural research. Having the technology, traits and production practices will be more beneficial than burdening the economy with additional regulations.

Farm Bureau supports policies and incentives that encourage the production and utilization of biofuels and renewable energy. The production and use of biofuels and renewable energy not only helps to reduce GHGs, but creates American jobs, encourages rural development, enhances our national security and protects Americans from price shocks. Increased biofuel production also diversifies our energy portfolio to make America more secure and resilient to the increasing costs for energy.

Farm Bureau policy opposes any actions or policy that federal agencies could use to regulate emissions of GHGs. Additionally, Farm Bureau does not believe unilateral action by the U.S. can make a difference on global temperature or stop devastating weather events. Finally, Farm Bureau does not support legislation or regulations that will impact Americans’ income while not effectively impacting climate.

Top Things to Know

  • March 2022: EPA proposed The Enhancement and Standardization of Climate Related Disclosures for Investors Rule.
    • Farm Bureau is OPPOSED. While Farm Bureau is opposed to the rule in its entirety, we are willing to work on an agricultural exemption.
  • June 2021: Senate passed the Growing Climate Solutions Act (1251).
    • Farm Bureau SUPPORTED 1251.
    • Farm Bureau encourages the House passage of the Growing Climate Solutions Act (S.1251), which could help address entry barriers for those in agriculture and who wish to participate in voluntary carbon credit markets.

For More Information

Dairy

Contact: Bailey Thumm, Federal Affairs Specialist
717-731-3585 | bmthumm@pfb.com

Overview

Dairy is an important part of the agriculture industry, and plays a critical role in Pennsylvania’s economy, generating $14.7 billion in annual revenue and more than 52,000 jobs. Dairy also plays an important role in diets, because it contains nine essential nutrients, and is a good source of protein. While these facts are compelling, the dairy industry has also been greatly challenged in recent years.

Background

Declining Number of Licensed Dairy Herds and Decreasing Consumption of Dairy

Volatile markets, declining milk prices, increased milk production worldwide, trade impacts, weather challenges, reduced consumption, and a global pandemic have led to dire straits in the dairy industry. As a result, an increasing number of dairy farmers are exiting the business. USDA’s January 2022 milk production report showed that from 2020-2021 the dairy industry showed another decline in licensed dairy herds.

  • Pennsylvania has lost 1,450 dairies from December 2016 to December 2021.
  • The Northeast[1] lost 629 dairies in 2021, with Pennsylvania having the high loss of 230.

Decreasing Consumption of Dairy

The USDA Economic Research Service Food Availability Data System shows that the nation’s per capita fluid milk consumption has decreased over each of the past seven decades. From 1970 to 2019, the daily per capita milk consumption decreased by 49 percent. Milk price volatility, the proliferation of alternatives to milk, reduced consumption of ready-to-eat cereals, and government policies limiting school milk options all contributed to the decline in milk sales. The Dietary Guidelines for Americans, 2020-2025, recommends individuals consume 2 to 3 cup equivalents of dairy products per day depending on age, gender, and physical fitness. Unfortunately, about 90 percent of the U.S. population does not meet that recommendation.

While the 2018 Farm Bill strengthened the safety net for dairy farmers, it is not enough to reverse the financial challenges we are seeing in the dairy industry. The USMCA agreement – with its increased access for dairy products to Canada, changes in the Canadian supply management system, and continued strong trading relationships with Canada and Mexico – will also provide some much-needed benefits to dairy farmers.

Federal Milk Marketing Orders

The Federal Milk Marketing Order program has not undergone substantial changes in almost two decades. Farm Bureau is concerned about the large imbalances in the pricing and pooling of milk, which have recently cost dairy farmers hundreds of millions of dollars. COVID-19 caused unprecedented volatility in milk markets, and highlighted the urgent need for dairy farmers and the industry to consider ways to modernize the FMMO system.

Farm Bureau believes that dairy farmers should have an opportunity to directly vote on FMMO issues as they impact milk prices and farm profitability. Currently, only dairy farmers who are independent and not members of cooperatives may cast individual ballots. Cooperatives may allow their members to vote independently, but then lose their ability to bloc vote on behalf of their non-participating members. Modified bloc voting would allow for coop members to be able to vote independently and confidentially, while allowing cooperatives to cast ballots for farmers who choose not to vote individually. Modified bloc voting is the first step to obtaining FMMO reform.

[1] The states that encompass the Northeast are based on the information published by the U.S. Department of Labor.

Top Things to Know

  • Whole Milk in Schools
    • Farm Bureau SUPPORTS the Giving Increased Variety to Ensure Milk into the Lives of Kinds or the GIVE MILK Act (R.818). H.R. 818 would increase access to milk in the WIC program by allowing reduced fat (two percent) and whole milk options for participants, and reverses existing rules limiting participants to low-fat (one percent) or nonfat milk.
    • Farm Bureau SUPPORTS the Whole Milk for Healthy Kids Act of 2021 (R.1861). H.R. 1861 would allow for unflavored and flavored whole milk to be offered in school cafeterias.
  • Mislabeling Milk Issue
    • Farm Bureau SUPPORTS the Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake of Dairy Everyday Act or the DAIRY PRIDE Act (R.2828/S.1346). The DAIRY PRIDE Act would require that the Food and Drug Administration (FDA) take enforcement action against manufacturers labeling non-dairy products as dairy. The bill would stop the use of dairy terms such as milk, yogurt, cheese, etc on the labels of non-dairy products made from items like nuts, seeds, plants, etc. It does not prevent the sale of non-dairy products, it only addresses the labeling issue. Farm Bureau has called on FDA to vigorously enforce food standards regarding the labeling of dairy products and prohibit the misleading labeling of nut- and plant-based food products as “milk” or other common dairy names.
  • Farm Bureau will continue to support efforts to reform FMMOs.

For More Information

Infrastructure

Contact: Bailey Thumm, Federal Affairs Specialist
717-731-3585 | bmthumm@pfb.com

Overview

Rural communities are home to a majority of U.S. manufacturing and our agricultural production. American agriculture feeds the world, creates millions of jobs, and help keep our economy strong. Our international competitiveness depends on our ability to produce our products and get them to market. Deteriorating rural infrastructure threatens the competitive leadership of American agriculture.

Background

Infrastructure – such as reliable rural broadband connections, competitive agricultural research facilities, and reliable highways, bridges, railways, locks and dams, harbors, and port facilities – is critical to agriculture. Unfortunately, investment in rural communities and overall infrastructure has not always kept pace with need. Rural communities have seen their infrastructure deteriorate, jeopardizing jobs, health and well-being, and overall competitiveness in agriculture and other industries important to agriculture.

Transportation infrastructure is one of the most obvious needs in rural communities, but not the only need that must be addressed. Farm Bureau supports the development of a long-range national transportation policy that views transportation as a holistic system servicing the needs of both passengers and freight across all modes and recognizes the importance of connectivity between modes. Concerning transportation in agriculture, the railways are a key factor that is causing major delays in operations which leads to disruptions in the supply chain. Farmers and ranchers rely heavily on railroads, but the current service is expensive and not dependable.

In addition, critical needs exist in providing affordable housing and energy for rural families, expanding broadband access across rural communities, and updating ag research facilities. Rural communities need access to health care, government services, and educational and business opportunities. For many rural communities, access can only be gained by using broadband services and sophisticated technologies that require high-speed connections.

Farmers depend on broadband just as they do highways, railways, and waterways to ship food, fuel, and fiber across the globe. In agriculture, for example, many of the latest, yield-maximizing farming techniques require broadband connections for data collection and analysis performed both on the farm and in remote data centers. Precision agriculture allows farmers to be more efficient, economical, and environmentally friendly, but not all farmers who want to use precision tools have access to reliable broadband.

Consider some of the statistics below:

  • According to the Federal Communications Commission (FCC), which measures fixed deployment data at the census block level, roughly 14.5 million people in America do not have access to broadband with over 11 million of them residing in rural communities.
  • Microsoft, which measures usage much more granularly, shows that some 157.3 million people in the U.S. do not use the internet at broadband speeds. This means that in reality a much larger share of America’s 53.8 million rural residents do not have access to broadband.
  • Roughly 18 percent of rural Pennsylvanians lack access to internet service, or only have low-speed options.
  • No counties in Pennsylvania where at least 50 percent of the populace received broadband connectivity.

Federal investment plays a vital role in repairing and expanding our nation’s infrastructure; however, federal funds cannot fully meet the vast diversity of needs. Therefore public-private partnerships and other creative solutions are necessary to meet the challenges of rural America. For infrastructure funding to be utilized to the highest degree, we must ease

burdensome regulations and outdated statutory requirements, as well as fund projects in a way that ensures completion in a timely manner.

Top Things to Know

  • August 2022: House Transportation and Infrastructure introduced the Freight Rail Shipping Fair Market Act (R.8649).
    • Farm Bureau SUPPORTS H.R.8649 and asks for congressional members to co-sponsor the legislation. H.R.8649 reauthorizes the Surface Transportation Board and includes various reforms to the rail industry to ensure for a dependable mode of transportation. House Transportation and Infrastructure plans to markup H.R.8649 on September 21, 2022.
  • May & July 2022: In May, The National Telecommunications and Information Administration (NTIA) released its Notice of Funding Opportunity (NOFO) for the Broadband, Equity, Access, and Deployment (BEAD) program. In July, the NTIA announced that all states and territories submitted letters of intent to participate in the BEAD program, which is the first step in the implementation process.
    • The 42.5 billion BEAD program was authorized by the Infrastructure and Investment Jobs Act of 2021 (IIJA) and is included in the 45 billion Internet for All Initiative.
    • Farm Bureau SUPPORTED the IIJA. Farm Bureau will closely monitor the implementation of the IIJA.
    • Farm Bureau SUPPORTS the BEAD program and the Internet for All Initiative.
  • July 2021: The Broadband for Rural America Act (R.3369) was introduced.
    • Farm Bureau SUPPORTS H.R.3369 and asks for congressional members to co-sponsor the legislation. H.R.3369 will provide additional investments in USDA’s rural broadband programs while prioritizing rural areas most underserved.
  • May 2021: The Eliminating Barriers to Rural Internet Development Grant Eligibility Act or the EBRIDGE Act (1695) was introduced.
    • Farm Bureau SUPPORTS S.1695 and its companion bill in the House (H.R.3193). In November 2021, the House passed the EBRIDGE Act. S.1695/H.R.3193 would remove barriers for broadband projects under the Economic Development Administration grants and allow for local communities to partner with the private sector in deploying broadband projects.

For More Information

Waters of the U.S.

Contact: Bailey Thumm, Federal Affairs Specialist
717-731-3585 | bmthumm@pfb.com

 

Overview

The definition of “waters of the United States” (WOTUS) has been the subject of controversy and multiple Supreme Court decisions over the years. The challenge is how a WOTUS is defined, and how that definition impacts the ability of farmers and landowners to use their land. The issue is of significant concern to many, especially to farmers.

 

Background

The Clean Water Act (CWA) authorizes the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) to federally regulate “navigable waters,” defined in the CWA as the WOTUS, including the territorial seas.” All other waters generally remain under state and local protection. For decades, confusion surrounding the CWA’s reach has led to widespread regulatory uncertainty, costly litigation, and stifled economic growth.

Below is the recent timeline of how the WOTUS definition has changed during the past years:

  • June 2015: The Agencies finalized a rule that significantly expanded the definition of a WOTUS under the CWA.
    • Farm Bureau Opposed.
  • April 2020: The Navigable Waters Protection Rule (NWPR) provided clarity and commonsense oversight to ensure clean water. The NWPR was environmentally-protective and clarified which level of government – federal or state – oversees water features and dry land that is sometimes wet. It also provided clear definitions of terms that have previously caused confusion and litigation.
    • Farm Bureau Supported.
  • August 2021 & September 2021: In August, an Arizona federal court vacated the NWPR. In September, a New Mexico federal court also vacated the NWPR. As a comparison though, 6 other courts have refused to vacate the NWPR. Agencies are interpreting this ruling as applying nationwide.
  • December 2021: The EPA and the Corps proposed a new rule that would roll back the successful NWPR and replace it with an updated version of the pre-2015 regulatory regime. Under “For More Information”, click the “Pre-2015 Regulatory Definition and Practice” link to learn more about the current rule.
    • Farm Bureau Opposed.

Once the “step 1” of the proposed WOTUS rule is complete, the agencies plan to work on a “step 2” rule that will provide a new WOTUS definition.

Farm Bureau submitted comments in response to the proposed rule. The comment letter expressed the concerns with the new rulemaking, including:

  • The profound affect the rule would have on everyday farming activities through increased permitting requirements;
  • Unclear rules potentially leading to unlimited jurisdiction, including the unconstitutionally vague significant nexus test;
  • The expansion of federal jurisdiction exceeds limitations set by Congress; and
  • The proposed rule exceeds the scope of the federal government’s authority.

Additionally, on January 24th, the Supreme Court announced that they would grant cert in the high-profile CWA case, Sackett v. Environmental Protection Agency. A decision in this case could provide significant clarity on what is the proper test for determining which wetlands are a part of the WOTUS under the CWA.

Farm Bureau Position

Farm Bureau supports a rule that conforms to the limits set by Congress and reinforced by the U.S. Supreme Court. Farm Bureau seeks to ensure that:

  • The Corps and EPA produce a rulemaking that respects Supreme Court precedent and Congressional intent;
  • Any rulemaking provides clarity and certainty;
  • Landowners are able to understand when they need CWA §404 permits, including where federal jurisdiction ends and state jurisdiction begins; and
  • Farm Bureau members can navigate the permit process or know when to obtain the services of environmental consultants and legal counsel.

Top Things to Know

  • May 2022: EPA and the Corps completed 10 regional roundtables concerning the newly proposed WOTUS definition.
    • Farm Bureau was disappointed in the lack of mainstream agriculture stakeholders involved in these discussions, in particular the roundtable hosted by the National Park Conservation Association.
    • Farm Bureau also disappointed because due to the public comment having ended before the roundtables concluded, the input from the discussions will not be taken into account for the new WOTUS definition. EPA Administrator Regan informed Farm Bureau that the roundtables will be used instead as context behind confusion on public comments. Meaning, if there are questions with a public comment, the EPA will refer to the roundtables for context to provide clarity.
  • October 2022: The Supreme will hear Sackett v. EPA on October 3. This has been a long awaited ruling as the case first began in 2012.

For More Information