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The 2002 Farm Bill

 Comments from Florida's Agriculture Producers
for Consideration by USDA in Rule Making

Letter of Transmittal:

Click here for the August 21, 2002 Letter of Transmittal to USDA Secretary Ann M. Veneman

Click here for Press Release that went to state agencies, farm bureaus and cattlemen associations

 Click here to read comments submitted by Stewardship America
on the interim rule for Technical Service Provider Assistance

These documents are in PDF format and require Adobe Acrobat Reader (which you can download for free)

Comments on Title II Conservation Programs:

Sec. 2001, Conservation Security Program --

Since rule making for this program has yet to begin, comments on this program will be provided in a separate letter at a later date.

Sec. 2003, Partnerships and Cooperation --

A very important program to Florida producers. Provides an opportunity to implement the Farmland Stewardship Program, which was originally introduced by Rep. Adam Putnam (R-FL) last July as HR 2542. Can be used to address many of the issues raised in GAO Report #02-295, "Agricultural Conservation - State Advisory Committees’ Views on How USDA Programs Could Better Address Environmental Concerns." 

For more details, please visit the following links: 

Link to statutory language with sections of importance to Florida producers highlighted 
-- 2002 Farm Bill, Sec. 2003 and 2005

Links to lists of points to be considered in rule making 
-- Introduction
-- GAO Report

Links to specific language to be considered in rule making 
Stewardship Agreement Basics:
-- Definition 
-- Purposes 
-- Eligible Lands
-- Agreements with States, Indian Tribes and Nongovernmental Organizations
-- the "Service Contract" Concept (to be used in defining "stewardship agreements") 
-- Adjusting Existing Programs to Local Needs 
-- Payments 
-- Participation
-- Sample Contract, Appendix and Attachments

Sec. 2005, Reform and Assessment of Conservation Programs --

Also important to Florida producers. Comments and links that apply to documents for Sec. 2003, Partnerships and Cooperation, above, also apply here. 

Sec. 2101, Conservation Reserve Program --

There are 3 points critical to Florida.  (For more details on each, please see the links below.)

1.  Definition of "marginal grazing land."  Need to be sure the type of pastureland we have in Florida is eligible and not excluded (in CRP, CREP, EQIP, Grassland Reserve, etc.)

2.  Rulemaking/policies on "managed grazing" 
(especially in CRP and CREP, but also in EQIP).  Suggest that this be referred to as "prescribed grazing."  Need to be sure that the types of grazing that occur in Florida are acknowledged and accommodated.  We graze because it achieves specific objectives.  For example, we often use grazing as a means of controlling invasive species and reducing fuel loading.  Grazing also is used to improve or maintain wildlife habitat, maintain a stable herbaceous plant community, facilitate nutrient export, and slow the flow of water across the landscape, thereby reducing or slowing the amount of sediment or nutrient into surface waters.

If rental payments are reduced because of these types of grazing, there will be no incentive for an owner/operator to participate in the program.  

Need to stress that so long as the haying or grazing is part of an approved management plan for exotic plant control, fire fuel suppression, or other management purposes, there will not be a reduction in payments.

Our point is that prescribed grazing is an important management tool that can offer a cost reduction or cost avoidance in the management of lands.

So long as these activities have been identified as a component in an approved management plan, there should not be a reduction in rate payment or such reduction should be as small as possible.   

Please see links to specific language to be considered in rule making, below.

3.  Increased flexibility.  Need to be sure statutory language included under Sec. 2101, Conservation Reserve Program, in—

Sec. 1231(b)(4)(B); 
Sec. 1231(b)(4)(C); 
Sec. 1231(b)(4)(E); 
Sec. 1231(c); 
Sec. 1231 (g); 
Sec. 1231(h)(2)(A)(i); 
Sec. 1231(h)(3); 
Sec. 1232(a)(1) and (4); and 
Sec. 1232(a)(7)(A)(i),

is interpreted through the rule making process to:

  • allow fuller use of the CRP in all states (and especially Florida);

  • ensure landowners are encouraged and rewarded for maintaining land in uses to improve water quality and provide habitat for important plant and animal species;

  • ensure landowners are able to properly manage enrolled land to prevent the encroachment of invasive species;

  • ensure landowners can qualify for the program by broadening the eligibility criteria for what constitutes a "planted agricultural commodity" to include multi-year grasses and legumes and conservation uses of land; and 

  • as a result of these new criteria, ensure the program minimizes "unintended consequences" to prevent abuses under the old criteria whereby tracts of native lands previously were converted to agricultural uses solely so the landowner could qualify for the program.

Link to statutory language with sections of importance to Florida producers highlighted 
-- 2002 Farm Bill, Sec. 2101, CRP

Links to list of points to be considered in rule making 
-- Need to address points raised in GAO Report

-- Ensure rule making complements the Grazing Land Conservation Initiative (2-page PDF file, requires Adobe Acrobat Reader, which you can download for free by clicking here)

Links to specific language to be considered in rule making 
-- Definition of "marginal pastureland"
-- Definition of "prescribed grazing"

Sec. 2201-2203, Wetlands Reserve Program --

With the final rule published, we look forward to increased funding over the next seven years for this valuable program, which Florida intends to use extensively. 

We hope OMB will expedite its approval of the USDA  proposal for FY02 funding -- INCLUDING ALL NECESSARY TECHNICAL ASSISTANCE FUNDING -- so NRCS can begin processing applications and initiate as many projects as possible prior to the November elections, so that the Administration can point to immediate and positive results from the Farm Bill (and use this to obtain good publicity from the media for the Farm Bill).

Sec. 2301, Environmental Quality Incentives Program -- 

The Environmental Quality Incentives Program (EQIP) is one of the primary federal cost share programs that Florida producers can utilize.

EQIP is particularly valuable because it provides a combination of technical, financial and educational assistance to landowners to address various natural resource concerns.  

Again, there are 3 points critical to Florida.  (For more details, please see the links below.)

1.  Definition of "marginal grazing land."  Need to be sure the type of pastureland we have in Florida is eligible and not excluded (in CRP, CREP, EQIP, Grassland Reserve, etc.  To view proposed language to be included in definition, click here).

2.  Rulemaking/policies on "managed grazing"   (especially in CRP and CREP, but also in EQIP).  Suggest that this be referred to as "prescribed grazing." Need to be sure that the types of grazing that occur in Florida are acknowledged and accommodated.  We graze because it achieves specific objectives.  For example, we often use grazing as a means of controlling invasive species and reducing fuel loading. 
Grazing also is used to improve or maintain wildlife habitat, maintain a stable herbaceous plant community, facilitate nutrient export, and slow the flow of water across the landscape, thereby reducing or slowing the amount of sediment or nutrient into surface waters.  If rental payments are reduced because of this type of grazing, there will be no incentive for an owner/operator to participate in the program.  Grazing should be an approved method of controlling invasives, reducing of fuel loading, and maintaining wildlife habitat under EQIP. (To view proposed language for included practices, click here).
 

3.  Need to ensure credit/acknowledgement is received in program applications for installed practices and expenditures already made and that these practices/expenditures can be transferred from one program to another. This applies not only to EQIP, but to other USDA conservation programs as well.  Please see link to "conservation parity payment" under points to be considered in rule making, below.

Link to statutory language with sections of importance to Florida producers highlighted 
-- 2002 Farm Bill, Sec. 2301, EQIP

Links to lists of points to be considered in rule making 
-- Need to allow for a "conservation parity payment"
-- Need to address points raised in GAO Report

-- Ensure rule making complements the Grazing Land Conservation Initiative (2-page PDF file, requires Adobe Acrobat Reader, which you can download for free by clicking here)

Sec. 1240H, under Sec. 2301, Conservation Innovation Grants -- 

One of the stumbling blocks to encouraging more owners/operators to participate in conservation programs, and in taking initiatives to enroll owners/operators in programs across an entire region is the lack of pre-application funding to assist owners/operators in getting program information, deciding which programs or combination of programs will work for them and providing support through the information-gathering, application and negotiation phases.   

These grants could be extremely valuable in helping initiate projects, filling in gaps in technical assistance funding when producers are applying for more than one program, and providing pre-agreement funds for working with landowners on applications and "program assembly," that could facilitate development and use of the stewardship agreements described in Sec. 2003, "Partnerships and Cooperation."  

Link to statutory language with sections of importance to Florida producers highlighted 
-- 2002 Farm Bill, Sec. 1240H, under Sec. 2301, Innovation Grants

Links to lists of points to be considered in rule making 
--  Pre-Agreement Contract

Sec. 1240I, under Sec. 2301, Ground and Surface Water Conservation Program -- 

Link to statutory language with sections of importance to Florida producers highlighted 
-- 2002 Farm Bill, Sec. 1240I, under Sec. 2301, GSWC

Sec. 2401, Grassland Reserve Program -- 

Language was included in the Grassland Reserve Program to ensure Florida producers would qualify by specifying that:

  • existing habitats for important plant and animal species can be retained -- and not replaced in order to qualify for the program;
  • the program applies to all areas of the country; and
  • existing plant and wildlife habitats can be protected through the program, when theses habitats support important species, even if the current grasses and shrubs are not the original native species. A purely technical interpretation of "natural grass and shrublands" or "natural grasslands," as originally described in the House and Senate versions of the Farm Bill, would have disqualified many ranch operations in the U.S., even though many operations currently provide habitat for a large number of threatened and endangered species. This is because older grasses that had lower nutritional values have been replaced in many cases by newer, more nutritional grasses and legumes that now support large, very diverse populations of livestock, deer and other wildlife.

We wish to ensure that the rules for Grassland Reserve Program reflect these three objectives.

Again, we need to be sure that the type of pastureland we have in Florida is eligible and not excluded, and the types of grazing that occur in Florida are acknowledged and accommodated. 

Link to statutory language with sections of importance to Florida producers highlighted 
-- 2002 Farm Bill, Sec. 2401, GRP

Sec. 1240M, under Sec. 2502, Conservation of Private Grazing Land Program -- 

Link to statutory language with sections of importance to Florida producers highlighted 
-- 2002 Farm Bill, Sec. 1240M, under Sec. 2502, CPGLP

Links to lists of points to be considered in rule making 
-- Ensure rule making complements the objectives in the attached flyer on the "Grazing Land Conservation Initiative" (2-page PDF file, requires Adobe Acrobat Reader, which you can download for free by clicking here)

Sec. 1240N, under Sec. 2502, Wildlife Habitat Incentives Program -- 

Language was included in the Wildlife Habitat Incentives Program that allows the Secretary of Agriculture to enter into agreements of 15 years or longer to provide payments to landowners who are willing to maintain, manage and, if necessary, improve existing habitats that support important plant and animal species.

This provision is of great interest to many Florida producers whose land holdings included habitats for listed species and who are interested in managing these habitats in a manner consistent with their conservation purposes, and would like to have the opportunity to enter into long-term (but not permanent) contracts to obtain compensation for practices carried out to maintain this habitat, and to provide a revenue stream for this land, in return for not converting it to another more traditional farm use that would generate revenues.

For the most part, these landowners do not want to sell their land to the government or place it under permanent conservation easements, and are not interested dealing with the complexities (and expense) involved in working with the U.S. Fish and Wildlife Services in developing a Habitat Conservation Plan.

Hence, this provision in WHIP offers another valuable "tool" for expanding conservation on private lands, and provides another option to owners/operators that will fit situations and needs that are not addressed in other programs.

Link to statutory language with sections of importance to Florida producers highlighted 
-- 2002 Farm Bill, Sec. 1240N, under Sec. 2502, WHIP

Sec. 2503, Farmland Protection Program -- 

The best way to protect farming is to make it profitable.  Rep. Putnam's office, the Florida Congressional delegation and Florida's producers are committed to working in any way they can with the USDA to improve opportunities for profitability for agricultural producers so they can be economically strong, regionally diverse and globally competitive.

We support programs that provide funding to willing landowners who wish to place permanent conservation easements on their property in return for fair compensation.  We do not think these programs will protect farming, but we believe they are good public policy, and will result in retaining pastoral landscapes that provide open space, wildlife habitats and other environmental and social values.

The Florida Legislature has approved a program to act as a companion to the Farmland Protection Program (which includes permanent easements, 30-year easements and funds for "stewardship agreements").  Funding for this program is proposed to be $100 million a year for 10 years, or a total of $1 billion.

We hope to make good use of the Farmland Protection Program to complement our state program.  It is an important tool for those who wish to participate.

Link to statutory language with sections of importance to Florida producers highlighted 
-- 2002 Farm Bill, Sec. 2503, FPP

Other Comments

Third Party Technical Assistance. If all the planning is done by a 3rd party, does the cost for this technical assistance count toward the program caps that limit how much each owner/operator can receive under each conservation program?  Or does technical assistance (by NRCS or by 3rd party) come out of the technical assistance funds that are earmarked for each program?  

Need clarification on how 3rd party technical assistance will work and how different groups in Florida -- soil and water conservation districts, Department of Agriculture and Consumer Services and water management district staff, producer groups such as Florida Cattlemen's Association, private groups such as Glades Crop Care and local land trusts, and individuals who work under contract with private landowners -- will be compensated for the work that they perform on behalf of a landowner, and what certification will be required.  

These costs should fall under the Technical Assistance earmarked.  At present the certification process is open but not being used much according to Florida’s State Conservationist, Niles Glasgow.

Thank you for taking the time to review these comments and to take them into consideration.

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