[Senate Hearing 113-558] [From the U.S. Government Publishing Office] S. Hrg. 113-558 2014 FARM BILL: IMPLEMENTATION AND NEXT STEPS ======================================================================= HEARING before the COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION __________ MAY 7, 2014 __________ Printed for the use of the Committee on Agriculture, Nutrition and Forestry [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://www.fdsys.gov/ ______ U.S. GOVERNMENT PUBLISHING OFFICE 93-029 PDF WASHINGTON : 2015 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY DEBBIE STABENOW, Michigan, Chairwoman PATRICK J. LEAHY, Vermont THAD COCHRAN, Mississippi TOM HARKIN, Iowa MITCH McCONNELL, Kentucky SHERROD BROWN, OHIO PAT ROBERTS, Kansas AMY KLOBUCHAR, MINNESOTA SAXBY CHAMBLISS, Georgia MICHAEL BENNET, COLORADO JOHN BOOZMAN, Arkansas KIRSTEN GILLIBRAND, NEW YORK JOHN HOEVEN, North Dakota JOE DONNELLY, INDIANA MIKE JOHANNS, Nebraska HEIDI HEITKAMP, NORTH DAKOTA CHARLES E. GRASSLEY, Iowa ROBERT P. CASEY, Jr., PENNSYLVANIA JOHN THUNE, South Dakota JOHN WALSH, MONTANA Christopher J. Adamo, Majority Staff Director Jonathan J. Cordone, Majority Chief Counsel Jessica L. Williams, Chief Clerk Thomas Allen Hawks, Minority Staff Director Anne C. Hazlett, Minority Chief Counsel and Senior Advisor (ii) C O N T E N T S ---------- Page Hearing(s): 2014 Farm Bill: Implementation and Next Steps.................... 1 ---------- Wednesday, May 7, 2014 STATEMENTS PRESENTED BY SENATORS Stabenow, Hon. Debbie, U.S. Senator from the State of Michigan, Chairwoman, Committee on Agriculture, Nutrition and Forestry... 1 Cochran, Hon. Thad, U.S. Senator from the State of Mississippi... 5 Witness Vilsack, Hon. Tom, Secretary, United States Department of Agriculture, Washington, DC.................................... 3 ---------- APPENDIX Prepared Statements: Casey, Hon. Robert, Jr....................................... 44 Cochran, Hon. Thad........................................... 45 Vilsack, Hon. Tom............................................ 46 Document(s) Submitted for the Record: Bennet, Hon. Michael: ``Colorado River Basin as Critical Conservation Area'', Colorado River District.................................... 60 Republican River Water Conservation District Water Activity Enterprise, prepared statement............................. 61 Question and Answer: Vilsack, Hon. Tom: Written response to questions from Hon. Debbie Stabenow...... 64 Written response to questions from Hon. Pat Roberts.......... 114 Written response to questions from Hon. Sherrod Brown........ 89 Written response to questions from Hon. Robert P. Casey, Jr.. 97 Written response to questions from Hon. Thad Cochran......... 101 Written response to questions from Hon. Joe Donnelly......... 92 Written response to questions from Hon. Kirsten Gillibrand... 91 Written response to questions from Hon. Tom Harkin........... 87 Written response to questions from Hon. Heidi Heitkamp....... 93 Written response to questions from Hon. Mitch McConnell...... 114 2014 FARM BILL: IMPLEMENTATION AND NEXT STEPS ---------- Wednesday, May 7, 2014 United States Senate, Committee on Agriculture, Nutrition and Forestry, Washington, DC The Committee met, pursuant to notice, at 9:12 a.m., room 328A, Russell Senate Office Building, Hon. Debbie Stabenow, Chairwoman of the Committee, presiding. Present or submitting a statement: Senators Stabenow, Leahy, Harkin, Klobuchar, Bennet, Gillibrand, Donnelly, Heitkamp, Casey, Walsh, Cochran, Roberts, Chambliss, Hoeven, Johanns, Grassley, and Thune. STATEMENT OF HON. DEBBIE STABENOW, U.S. SENATOR FROM THE STATE OF MICHIGAN, CHAIRWOMAN, COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY Chairwoman Stabenow. Well, good morning. I will call to order the Senate Committee on Agriculture, Nutrition and Forestry; and welcome, Secretary Vilsack. We thank you very much for being a compelling advocate for passage of the Farm Bill and we also greatly appreciate your excellent staff providing critical technical assistance throughout the entire process, and your personal help in developing a Dairy Title as we came to an end to be able to put this all together, having a title that was both politically workable and, most importantly from a policy perspective, workable for our farmers. Thank you very much. I continue to be very, very proud of this Committee and the fact that at a time when it is tough to get things done, everybody on both sides of the aisle really came together to do what needed to be done; and we will see a stronger rural economy and economy in general as a result of it. Over the last three years, this Committee worked to put together a Farm Bill that reforms agricultural programs, cuts spending, and supports the 16 million people whose jobs rely on the strength of American agriculture. In many senses, the Farm Bill is a bit of a misnomer as we all know because this bill affects every American in many different ways. This is a bill that takes critical steps toward changing the paradigm of farm and food policy. We worked hard to make sure the Farm Bill represents the diversity of American agriculture from row crops, to specialty crops, to livestock, to organics, to local food systems. We passed a very strong permanent livestock disaster assistance Program that, unfortunately, had to be used almost immediately after passage. We eliminated direct payments in favor of strengthening risk management tools and expanding opportunities for crop insurance, the number one request of farmers across America. We increased support for several organic programs which is one of the fastest-growing segments in American agriculture. We once again provided a strong Specialty Crop Title supporting nursery and a floriculture as well as fruits, vegetables, nuts, and other products you find in the produce aisle in the supermarket. I am particularly proud of the Conservation Title and the new Regional Conservation Program which will bring together public-private funds to better assist farmers conserve our land and resources. I am also very excited about the new Foundations for Food and Agricultural Research that we created which will combine public-private dollars to make sure we have the funding streams necessary to continue to solve problems and to create opportunities to do research and do new innovation. This new Foundation is really about the future, and I look forward, Mr. Secretary, to be working with you as the distinguished board members are appointed and the foundation begins its work. This Farm Bill is also a rural development bill that will help small communities build safe drinking water systems, access affordable broadband internet service, and it also encourages World leaders to work together on a regional economic level for regional economic strategies which will not only make the most of federal dollars but also help small towns attract business investments and jobs. I am also very excited about the opportunities we have created through the Energy Title that will support job creation and in the growing sector of bio-based manufacturing as well as the next generation of bio-fuels to continue building America's energy independence. I am proud of our Nutrition Title, which expands food access for families in need and provides incentives and education related to health food choices in both urban and rural communities. Food assistance is a critical lifeline for families in need giving them temporary help to put food on the table, and I am very pleased to see the most recent Congressional Budget Office estimates say that SNAP spending is continuing to decline the right way, now saving an additional $24 billion more than previously estimated. I have always said the best way to reduce nutrition health spending is by improving the economy and helping people get good paying jobs, and that is what is happening. I am very proud this Committee and our colleagues in the House worked together to give our farmers and ranchers the support they need to continue producing the safest, most abundant, most affordable food supply in the world. Our farmers are truly feeding the world which is why the Farm Bill expands export opportunities for producers and, in fact, creates the first ever Undersecretary of Agriculture for Trade; and I am looking forward, Mr. Secretary, to make sure that this new position is structured in a way to be an advocate for your department and U.S. producers. It has been a long road, a long road to get here to this implementation hearing; and I want to say thank you to everyone on our Committee, thank you to Mr. Secretary. Thank you to my Ranking Member who I know will be joining us shortly and you will hear from the senior senator from Mississippi when he arrives. But I think at this point, we will proceed, Mr. Secretary, with your testimony and then we will hear from Senator Cochran as well. It is always a pleasure to have you with us and again, thank you for not only your leadership in helping us get to this point but frankly we put a lot on your plate, and we appreciate that you and your team has stepped up and are working very hard to implement the Farm Bill. Secretary Vilsack. STATEMENT OF THE HON. TOM VILSACK, SECRETARY, UNITED STATES DEPARTMENT OF AGRICULTURE, WASHINGTON, DC Secretary Vilsack. Thank you very much, Madam Chair, and I simply want to echo the comments of many people around the country thanking you for your leadership and Senator Cochran for his leadership and this Committee leadership in getting a progressive, transformative, and positive Farm Bill passed. It sent, I think, a message of hope throughout the countryside and obviously would not have happened without the great work of this Committee and without your leadership. I want to thank you personally for the work that you did. It was not an easy lift. It did require bipartisan support, and I think it represents the best of the kind of work that can occur in this democracy. Thank you. It seems as if I need to give you an update on where we are relative to implementation of this Farm Bill; and I can tell you in the first 90 days, I am confident that we have made progress in every title of the Farm Bill. We focused initially on putting the disaster assistance programs in place. Over 33,000 applications have been received. $16 million has already been distributed to producers who have suffered disasters after October 1, 2011. We would anticipate and expect that those disaster assistance payments will continue for the course of the next several months for sure. In conservation, we just set up the Conservation Easement Program that you established as part of the reforms of conservation. I see Senator Cochran is here, Madam Chair. If you want, I would be happy to stop and allow the Ranking Member the opportunity to make his comments. Senator Cochran. I would rather that you continue. Secretary Vilsack. All right. Chairwoman Stabenow. We will let you continue and then we will turn to Senator Cochran at that point. Secretary Vilsack. Yes. You mentioned trade. One of the great things about getting the Farm Bill done was that we were able to resume our trade promotion programs. We are on track for yet another record year of agricultural trade. It will be the fifth record in the last six years. The Nutrition Title, as you indicated, is a strong one. We are excited about the pilot employment and training opportunities to help put people that are on SNAP or looking for work to work. We have received a lot of interest from a number of states who are willing to participate in those pilots and we look forward to getting those started this fall. In the credit area, we have reduced the interest rate on the Joint Direct Farm Ownership Loan, cutting it in half which will make that much more feasible. In rural development, the water resources that you provided to deal with the backlog of water projects has been distributed. We are reducing that backlog. We are announcing our Business and Industry Loan Program, the set aside for local and regional food opportunities and food hubs is being set up. You mentioned the Foundation which we are all so excited about. We received over 275 nominations for the 15-person board. It is in the process of being incorporated, and we anticipate and expect the first board meeting of the ex officio board members will take place in July with the passage of bylaws, and hopefully we will be able to begin the process of getting the matching resources that are required for the Foundation to continue its work. In the Forestry Title, we have had 36 states contact us to take advantage of the streamlined NEPA process in terms of areas that have been stricken by disease and pests. We are anxious to get that program up and going. The Energy Title, we just announced the notice of funds availability, $70 million. We are working on the additional roles in terms of the bio-product manufacturing opportunities which will take place this summer and next year. In horticulture, the specialty crop block grant has been advised. The farmer and rancher promotion and local food promotion programs are being advised of the availability of funds this week. We have initiated the organic research initiative as instructed. In crop insurance, the whole farm policy pilot will be potentially available this summer. For the benefit of Senator Cochran in particular, the catfish MOU has been signed with the FDA, and we anticipate and expect that the catfish rule will go to OMB by the end of this month. We have plenty on our plate. The regional conservation partnership program, we look forward to making announcements about the critical conservation areas. At the tail end of this month, the Foundation work will continue and we will be focusing on getting the educational materials out for the ARC and PLC program so that producers will have a number of months to be able to evaluate the appropriateness of either one of those programs for their operation. The Supplemental Crop Insurance Option and the STAX program should be operational, we believe, by the end of this year. The dairy program will be set up and functional by September, and we are looking forward to instituting the food insecurity pilots that I know are of interest to you, Madam Chair, sometime this fall. We are focused on this. We understand the importance of it, and we look forward to answering the questions of the Committee. Thank you. [The prepared statement of Secretary Vilsack can be found on page 46 in the appendix.] Chairwoman Stabenow. Thank you very much. It is easy to see that you are moving on all fronts, and we greatly appreciate that. My Ranking Member and partner, Senator Cochran. STATEMENT OF HON. THAD COCHRAN, U.S. SENATOR FROM THE STATE OF MISSISSIPPI Senator Cochran. Madam Chairman, I thank you for convening this hearing and providing the leadership that you do to this Committee. Mr. Secretary, welcome. We appreciate your service at the Department of Agriculture and particularly appreciate your comments and your efforts to find ways in which the Federal Government can provide assistance to those who lost property and flocks of birds in Mississippi due to the devastating tornadoes that really caused an awful lot of damage in our State. Right now we are still in the cleanup, straightening up and assessing the damages mode. But with the assistance of your department, we will make good progress I am sure in trying to get these people restored so that they can continue to provide important foodstuffs and economic benefits throughout not only our State but the entire country. Could you give us some indication about what your reaction to the situation is in Mississippi as a result of these disasters and whether or not provisions in the Farm Bill are sufficient to give you the authorities you need to be helpful to our State and the producers? Chairwoman Stabenow. I think, Mr. Secretary, it would be appropriate if you wanted to respond to that. Secretary Vilsack. Okay. Senator, we have set up the disaster assistance programs. The Livestock Indemnity Program is really designed to provide assistance and help to those who have lost livestock as a result of disasters. I certainly encourage the producers to make sure that they have adequate records, and we will be happy to work with them to process applications as quickly as possible. We already have in place the programs. The resources are there, and folks are anxious to help. We also will use our resources at USDA to provide for appropriate disposal. That is also an issue in a disaster situation. Our folks at APHIS will be willing to work with producers in Mississippi to make sure that all the rules and regulations relative to disposal are followed as well. We will be more than happy to help. If there are specific issues that your staff wants to contact our staff about, we would be more than happy to help you in any way we can. Senator Cochran. Thank you very much for permitting that question. Chairwoman Stabenow. Absolutely. Thank you. We will proceed with questions. We are going to do a seven-minute round of questions; and if there is interest from the Committee, we will do additional rounds to make sure everyone's questions are answered, given the time that it is allowable. Mr. Secretary, first let me ask a little bit more about the regional conservation partnership program and I have to come, at this point, say that we have great confidence in the moving forward and implementation of this since you stole the main person from our Committee who wrote this, Tina May. We are sorry to lose Tina from the Committee staff as well as Karla Thieman. I do not know if I see her here but Tina, the confidence knowing that she is part of overseeing this I think is something that we cannot underestimate. We are happy to have the person that was helping to really lead this as the architect with you. But this is probably one of the most understated new policies in the 2014 Farm Bill. It has the potential to transform the face and the future of agricultural stewardship. When we look at the innovative possibilities in the Great Lakes or Chesapeake Bay or certainly we could name many things around the country, it is really about partnerships and leveraging public-private sector partnerships in creating new models. Given that this is a new program and the notion of both regions and partnerships is new to a lot of groups, what type of outreach and education is NRCS and USDA doing to ensure that participants are informed and are able to submit competitive applications, because this really only works if people are coming together on the ground and the planning and submitting the kind of applications that we certainly hope we see. Secretary Vilsack. Well, Madam Chair, first of all, I think I need to correct the record. I think you stole Tina May from us before we stole her back. [Laughter.] Secretary Vilsack. We are happy to have her back. We understand and appreciate the transformative opportunity that this regional conservation partnership program presents. We have done a series of listening sessions which we will continue to do to make sure that folks are fully aware of this opportunity. In the past, what we have done is we have got a program and we give people very little time to actually put projects and proposals together. This time we are going to reverse that process. We expect and anticipate sort of laying out the critical conservation areas that are critical to this partnership effort by the end of this month; and then we want to give folks several months to basically put proposals and projects together for consideration; and so, we are going to give people plenty of time to do what they need to do to get this done right. We also want to get it done in time for it to take advantage of an opportunity that we are trying to create at USDA and through the rural council to encourage more capital investment in rural America. You can rest assured there is going to be plenty of outreach and plenty of opportunity for people to be very creative, and we are going to try to get sort of the framework of this program out as quickly as we can so people can respond. Chairwoman Stabenow. Great. Another priority in the Farm Bill that I mentioned was in the Energy Title focusing on bio- based manufacturing. We all talk about how biofuels are very important to energy independence and jobs. But we have added to the USDA's toolkit the ability to support more broadly the bio- based economy. For example, we authorized renewable chemical production and bio-based manufacturing as eligible projects under the program. I am wondering how you intend to coordinate all of this from the new opportunities that we authorized in the Energy Title to financing options that are in rural development to the support that we have through the research programs. How do you see that coming together? Secretary Vilsack. Well, first of all, we are going to make sure that the opportunities for bio-chemicals are available as quickly as possible. We think our current rules and structure will allow grants and loans to be made relative to bio-chemical processing. In terms of other manufacturing processing in terms of our bio-products, it may take a slight change to the rule and that may take a little bit of time for us to get through the regulatory process. We are essentially in business in terms of the bio-chemicals. We have made a concerted effort to integrate this effort with our research folks focusing in part on bio-processing and setting that up as a priority in terms of the National Institute of Food and Agriculture. Everybody I think in the building understands and appreciates how important this is to the survival of rural America in terms of creating jobs and creating additional income opportunities. We are very much focused on this. Our crop insurance folks are also working on trying to develop new crop insurance products for energy products. It is essentially a coordinated and integrated effort, and I think you will see progress in this year. Chairwoman Stabenow. Right. I think this is really important in terms of, as you said, jobs and the economy. Then finally from me in this round, we would like you to speak about conservation compliance because, as you know, we included a landmark agreement fostered by agriculture and conservation groups to link conservation compliance to our crop insurance program and both helping us to protect farmland and the insurance program for the future. Can you give the Committee an outline of where you are in the process of that, the expected time line? Can you discuss what, if anything, farmers should or should not be doing to prepare for the implementation of conservation compliance? Secretary Vilsack. Well, first of all, it is important to note that this is in a sense effective the day the President signed the Farm Bill; and so, farmers are under this obligation and responsibility if they want to continue to receive the government subsidy for crop insurance as of February 7 I believe of this year. We expect and anticipate to have sometime this summer the basic structure of conservation compliance and then folks will have, those who are not currently compliant because most producers are. In order to get disaster assistance, in order to get some of the other benefits under the 2008 Farm Bill, you had this responsibility anyway so that does not change. We expect and anticipate the roughly 6000 producers who may be impacted by this will have until the mid-part of next year to be able to produce their compliance plans, to make sure that it is certified, to ensure that they do not lose the benefits of the government subsidy and crop insurance. If they fail to do that, then crop insurance, obviously they will still be able to buy crop insurance but it will not be with a government subsidy. But it is effective as of February 2014. The advice is it will probably be not a good idea for you to be breaking up land that has not been broken up for a while. It is a good idea for you to get your conservation plan together if you are one of those 6000 producers that has not had it before. Chairwoman Stabenow. Thank you very much. Senator Roberts, you are next. Senator Cochran. I yield. Senator Roberts. Madam Chairwoman and Ranking Member Cochran, thank you for holding this hearing today. Madam Chairperson, I know that you are very proud of receiving the 2013 perseverance of the year award with all of the commodity groups and farm organizations and broadcasters that are here. They voted. I just do not know where we are going to put the statue but we will figure that out. Chairwoman Stabenow. Okay. Senator Roberts. Anyway, thank you. Secretary Vilsack, I am glad you are here and I appreciate your update on the department's implementation of the Farm Bill. It has been about two years since you were last in front of the Ag Committee. I think you look younger. But at any rate welcome back. Since that time, I know everybody is concerned about the dates when the Farm Bill implementation will take place. We were talking about that earlier, sometime in the fall with the new programs. I hope more toward October when Kansas State plays Iowa State as opposed to Thanksgiving. But the Kansans that I visit with--I am about 103 counties done of 105--they are really concerned about the various agencies regulatory efforts or what I call over regulation, and I share their concerns, and I would hope now with the Farm Bill signed into law that at least, and I know you are extremely busy, but if the department could focus on delivering farm and food programs, not new regulations, I think that would be the number one issue that I have heard out in farm country. Madam Chairperson, I think at an appropriate time, and I know time is our most valuable commodity here, but the full Committee should have the opportunity to have a more in-depth discussion and review of the new USDA climate change hubs, more especially with the President's announcement as of yesterday. The department's role in the recently proposed waters of the United States regulation and last but not least, the listing of the lesser prairie chicken as a threatened and endangered species that farmers believe in 35 counties of my state that are also threatening them. But we are here to discuss the Farm Bill. So to that task, the recent wheat quality tour in Kansas has forecasted the lowest crop in the State since 1996. Crop insurance will once again be critical to our producers suffering from a hard freeze and the ongoing drought. Again, I appreciate all the efforts and the staunch support from our Chairperson with regard to crop insurance. The RMA is a very data-driven process to offer new crop insurance products as the right figures are necessary to ensure proper ratings and to protect the integrity of the overall program. Wheat, corn, soy, and other commodity growers across Kansas are worried that their county crops, their county and crops may not have quick access to the supplemental coverage option of the new SCO or other new products due to a lack of data. My question is: Does the RMA currently have enough yield and production history information to get the SCO off the ground and available to all producers quickly and, if not, how is the coordination effort with the Farm Service Agency and the National Agriculture Statistics Service going? Secretary Vilsack. Senator, we believe we will have the supplemental crop insurance option available this fall. One of the challenges with wheat producers is that we probably will not have it available before wheat producers are in a position to determine whether ARC or PLC is most beneficial to their operation. We will give the wheat producers additional time to sort of rethink their crop insurance decision because if they choose the ARC program, then they will not qualify for the supplemental crop insurance option. If they start off by saying yes, we want SCO, then they decide ARC is better for them than PLC, we will allow them the opportunity without penalty to reverse that SCO decision. Senator Roberts. I appreciate that very much. Recently, the department and the U.S. Fish and Wildlife Service released predictability agreements for the lesser prairie chicken habitat that is enrolled in working lands and the conservation reserve program. I know those agreements are necessary and they are appreciated but they have not ended the farmers' and ranchers' fear that future decisions could have the Federal Government driving land out of agriculture production. It is a very real concern among farmers and ranchers. I would change that from concern and frustration and possibly even fear. How would you respond to farmers and ranchers in western Kansas right now that are concerned about being forced to idle agricultural land for a bird that we cannot find? Secretary Vilsack. Senator, I think that we would suggest to your producers to work with their local NRCS conservation specialist to put together a conservation plan, because if they are able to do that with the cost share assistance that we provided at USDA, we can provide them 30 years of regulatory certainty that the rules will not change and that they will be deemed in compliance regardless of what the determination is relative to the lesser prairie chicken. We have been working on this with seven different endangered species. The sage grouse was the first one that we started with. I would strongly encourage them to look at the voluntary conservation opportunities, the cost share opportunities that NRCS presents; and if they are able to do that and we are able to certify that they have complied with our structure, we are now working to get them 30 years of regulatory certainty which I think is a good way to approach the lesser prairie chicken. Senator Roberts. Well, I appreciate your response, and I am going to be in touch with you as this goes along. We have a May 12 announcement and we are just going to have to see how this is working, and I appreciate that. I do not have any further questions now. I yield back. Thank you, Mr. Secretary. Chairwoman Stabenow. Thank you very much. Senator Klobuchar. Senator Klobuchar. Mr. Secretary, thank you for your good work and your help in passing the Farm Bill. I think we all know it was not an easy task and I thank the Chairwoman and our Ranking Member and everyone that was involved in. But you were always there with a steady hand, ideas when we were having some sticking points; and we really appreciate that. First of all, I want to ask something that is on the mind of a lot of our farmers in Minnesota, and that is transportation rail costs. With the increased use of rail for oil and the increased use of rail nationwide and the picking up of the economy, we have had some major issues not only about rail safety which we talked about but also about the costs, the scheduling of rail shipments, the cost of that last leg with captive customers. I actually got a provision in the Farm Bill for a joint study with USDA and the Department of Transportation to examine rural transportation issues including captive shipping issues. Can you prioritize this study, especially given that we are continuing to see more and more use of rail, so we can get a sense of what we could do policy wise? Secretary Vilsack. I had an opportunity to meet with Chief Economist Joe Glauber about the transportation study. He assured me that this is something that his team is working on and it is of value, and we believe that it ought to be expanded beyond the effort under the 2008 Farm Bill to include not just rail but also issues relative to our waterways. We think there is a tremendous---- Senator Klobuchar. At the locks and dams. Secretary Vilsack. Yes. There is tremendous opportunity there for us to study this. We are working with the Department of Transportation to try to identify the resources that would pay for this study. DOT is a little strapped right now so we are going to continue to work with them. We have also had an opportunity to visit with the folks at Burlington Northern to express the same concerns that I am sure you have expressed emphatically to them, received assurances from them that they have a plan to invest $5 billion this year in additional rail, in additional locomotives, and in additional staff. We will obviously keep an eye and hold them to that commitment and promise. That will help alleviate the concern. It is unfortunate that this was not done before but better late than never. Senator Klobuchar. Okay. If you could just check back with your people on the time line for the study, I would appreciate it. Second, one of the provisions I worked on was for young farmers and ranchers. The average age of a farmer in Minnesota is now 56 years old, and what we did here was reduced the cost of insurance by 10 percent for young farmers and ranchers in the first five years. What is going on with the work to implement that provision? Secretary Vilsack. That is going to be implemented before the end of this year. In addition, we will be working with the FSA offices to ensure that the credit opportunities I had mentioned, the reduction of the interest rate which is of some assistance. We also have recently announced the availability of the beginning farmer-rancher resources to help third parties assist beginning farmers and ranchers putting together plans. We are working very closely with veterans groups as well to create this opportunity. There are a number of steps that we have taken to assist beginning farmers. There are conservation benefits that they now have, advanced payments of conservation benefits. All of that is in the works. Senator Klobuchar. Okay. I am going to put a few questions on the record about the importance that we have talked about many times about the renewable fuel standard, the PEDV outbreak. I that is something the USDA has been working on. and then some questions on EPA regulations. But I did want to turn to forestry for a minute. My State, like the State of Michigan, has a strong forest products industry, and I am pleased that it is now clear that forest products are eligible to fully participate in the bio-based programs. How is USDA moving to implement the changes needed to ensure that forest products can participate in these programs and what is the time frame? Secretary Vilsack. We have instructed folks to get this established this year. We anticipate it gets done this year. In addition, we have also announced a recent competition to take a look at a new opportunity in forestry with cross laminated timber. It is a building material that is being used in other parts of the world to build multi-story buildings. We think there is a tremendous opportunity for particularly diseased wood that we see in the western part of the United States to be used to create this new industry, and we are hopeful that this contest will spur additional forest product opportunities. We are focused on basically putting it in the BioPreferred Program this year but also looking at additional ways to grow new industries. Senator Klobuchar. Okay. Very good. The Farm Bill, as you know, included a significant compromise between Ag organizations and wildlife organizations that extends conservation protections to the crop insurance program. The Farm Bill also includes a sodsaver provision that I worked on with Senator Thune to protect native prairie in certain states. I understand that implementing the conservation compliance rules is very complicated and that there are some questions about how they will impact. I think these both provisions, I know Senator Chambliss worked on one of these very important. What are you doing to get the information out to producers about the conservation compliance and sodsaver provisions, and how are you working to make sure the rules are enforced consistently? Secretary Vilsack. We have had a series of listening sessions and meetings with interest groups in Washington, DC, and around the country to review with them certain conditions and provisions of the Farm Bill. I think we are emphasizing the importance of understanding that these responsibilities begin the day and the minute the President signed the bill, and I think there is a general understanding. We will continue to work as well with conservation groups to make sure that this message is amplified and reinforced. Senator Klobuchar. All right. Then last, I do not think I need to tell you. I know you know what a hard time diary producers have had over the last few years with the high feed prices, the volatile export market. The new dairy program will help producers manage some of the risk by protecting against wild swings in a producers margin. One issue I have heard from dairy producers in my State about is the need to ensure that there is a gap between when a producer purchases margin insurance and when the insurance goes into effect to prevent producers from trying to game the system. What is the USDA doing to ensure that the margin insurance rules reward farmers for taking prudent risk management steps? Secretary Vilsack. Senator, I will have to get you specific information about that specific question. I can tell you that we are very focused on getting this program up and running in September as instructed by the Congress and that we obviously got the MILC program in place in the meantime. But I will get you a specific answer to the question. Senator Klobuchar. Okay. I appreciate it. Secretary Vilsack. I am sure these folks are focused on this. I am just focused on making sure the program is up and running in September. Senator Klobuchar. Right. I appreciate that and thank you for your good work on it. Chairwoman Stabenow. Thank you very much. I understand Senator Grassley was next but he had to step out to meet with a group and I know, Senator Harkin, you need to leave and had asked everyone if you might have the opportunity. So, without objection I understand that has been agreed to. Senator Harkin, we know that you have to be at another meeting as well so please proceed. Senator Harkin. Thank you, Madam Chairwoman and Ranking Member Cochran. It has been a great pleasure to work with you for all of these years and thank you for your hard work together to get this Farm Bill through. I thank the indulgence of the Committee. I have known Secretary Vilsack now for probably, oh, gosh, almost 30 years when he first became mayor of Mount Pleasant and then as a State Senator and then as governor and now has Secretary of Agriculture; and I have been a great fan and admirer of his through all these years. I think if there is one thing that I would characterize your service as through all these years is one of being responsible, responsible and results oriented. Mr. Secretary, Tom, if I can call you that as an old friend, everything I have watched you do from that time when you had that tragedy in Mount Pleasant and you took over as mayor to your service in the State Senate, as governor, and now has Secretary of Agriculture that the one thing that has always impressed me is that everything you do whether it was legislatively or in the executive branch either federal or state executive, you always had an understanding that everything we do, no matter how we talked about it, no matter how small we get into the weeds on it, it affects people. The end result all we do affects people and affects families. You have never lost sight of that. I just want to thank you for that. I appreciate your great service to our State, your service to our Nation and as Secretary of Agriculture, and if I just might add just a personal interest of mine, I thank you for all you have done for conservation and the conservation programs in America. I have some questions on that. I do not have time. I have to chair a health hearing now in another room but thank you for that and also your great leadership on rural energy and the and the wheat program, all of those things we are doing out there to help farmers make sure they get the kind of energy that they need and to produce that we need in America. Madam Chairwoman, I just thank you for that and thank you, Mr. Secretary, for that. Your great leadership on nutrition programs that you have done has just been outstanding, and I just want to thank you for that and thank you for your leadership, your friendship through all these years. Madam Chairwoman, thank you for recognizing me. I am sorry. I have to go chair another hearing. Thank you. Chairwoman Stabenow. We certainly understand that. Secretary Vilsack. Madam Chair, before the Senator leaves. Chairwoman Stabenow. Yes. Secretary Vilsack. Senator, I appreciate those kind words but I think everyone in the State of Iowa and everyone in this country owes you an extraordinary debt of gratitude. If you want to talk about conservation, you cannot talk about conservation and not talk about Tom Harkin in the same sentence. You have been a leader, the CSP program that you helped to craft is leading the effort along with the EQIP program so that now we have a record number of acres enrolled in conservation, and it is working and it would not have but for your leadership, and no one cares more deeply about folks who work and are struggling than you do. I really appreciate those kind words. Senator Harkin. Thank you, sir. Chairwoman Stabenow. I would just say amen to that, Senator Harkin. Senator Chambliss, you are up next. Senator Chambliss. Thank you very much, Madam Chair. Secretary Vilsack, welcome back. I want to commend you and your staff over at USDA for committing to implement this Farm Bill in a very quick manner and a very professional manner. I truly believe we passed a good, solid bill that will work for the people of this Nation. It is a bill that reforms critical farm programs, strengthens the Nation's food security, protects the livelihood of our farmers and ranchers, and preserves our efforts to remain good stewards of the environment. I would urge that USDA continue to implement the policies as we intended in the bill and where you have doubts that you will come back and ask us for guidance if there is any question about as I know you will. I want to ask you very quickly about the Brazil cotton case. In an effort to provide every opportunity to resolve that long-standing WTO case, cotton is not eligible for the new PLC and the ARC programs. The calculation of the cotton loan rates has been modified. The department has broad authority to make administrative changes to the GSM export guarantee program, all of which you are familiar with. Has the Administration had an opportunity to consult with Brazilian officials since the enactment of the farm law, and assuming you have, what has been the reaction of Brazil to the implementation of these provisions? Secretary Vilsack. Senator, I think no one wants Brazil to take the next step in this process to convene the Committee to take a look at what next steps could occur as a result of the adverse decision that we suffered. We have been negotiating and discussing with the Brazilians an effort to resolve this. I think that there has been headway in terms of the GSM program. We are doing an effort to try to educate the Brazilians on the precise nature of the steps that we are taking in this Farm Bill. It is very complex. It is very difficult. We are in the education process to make sure that they understand that the Congress made a good-faith effort to respond to the concerns that were expressed in the WTO case. Those conversations are ongoing, and it is my sincere hope and belief that we will continue to work with the Brazilians until we get to a resolution, and we are hopeful that gets done soon. Senator Chambliss. Obviously, all of us are hopeful that a resolution to this will be forth coming in the short term. Assuming Brazil takes a drastic step to ask for a review panel, I am assuming that the department is well-prepared to defend the cotton industry on this. Secretary Vilsack. We are and we will. Senator Chambliss. Let me ask you for just a minute about TEFAP. Obviously, we have seen a decrease in TEFAP of about 24 percent over the last several years and we have put some very positive provisions in the Farm Bill relative to additional funding for TEFAP. America's farmers are deeply committed to helping their local communities and obviously serving those in need and particularly through the food banks. In Georgia, for example, farmers have donated more than two million pounds of produce and many more are in place to donate additional loads of produce. I know that food waste is an issue that USDA is focusing on, and I would just like to ask you about grants and other programs that can help food banks capture more nutritious produce and get it to the people that need it. Secretary Vilsack. Senator, we are working on that. You know, we have over 2000 people's gardens that we have helped generate at USDA facilities, donating over 3 million pounds of produce to food banks across the country. We are working on trying to create additional applications that could be used by those who are delivering fruits and vegetables, say, to a restaurant for whatever reason, if it does not meet the standard of the restaurant, we would like them to have an application that they can click on to see where the nearest food bank would be that would be willing to accept that produce that was not grade A for the restaurant but it was perfectly fine for other uses. That is part of our food waste effort. We are lining up partners in the private sector. We have over 200 that have already agreed to work with us on reducing food waste on portion sizes, on reusing food, and on recycling food. There is a major focus on this. Senator Chambliss. Great. Well, again, thanks very much for your quick implementation of the Farm Bill. It is not going to be easy. They never are easy, but I will say that I have seen more activity out of the FSA offices at the local level over the past three or four months than I had seen in a long time, and they have really done a good job of working with commodity groups to bring our farmers together to explain the Farm Bill in advance of sign-up deadlines, and that is the type of professional implementation that we needed, and it looks like it happen. Thanks to you and your staff. Secretary Vilsack. It may be because we put a Georgian in charge of it the oversight. Senator Chambliss. I did not want to get to that, Mr. Secretary, but obviously she is doing one hell of a job and I am glad. Secretary Vilsack. No doubt about it. Senator Chambliss. I am glad that you have her there with you. Thanks to both of you. Chairwoman Stabenow. I thought that is where you were headed, Senator Chambliss, and I could not agree more. Senator Bennet. Senator Bennet. Thank you, Madam Chair, and I would like to thank you and the Ranking Member and the Secretary, all of you, for your leadership in this incredibly dysfunctional town. It is wonderful to be on this Committee and to legislate in the way the American people expect to legislate, Democrats and Republicans working together, in passing not a 10-minute bill or a two-month bill or keeping the lights on in this land of flickering lights that actually passing a five-year Farm Bill. We are very grateful in Colorado for your leadership and for your leadership, Mr. Secretary, too. One of the, as you know because we have talked about it a lot, of vital interest to us was the Conservation Title in the Farm Bill; and you and the Chair talked a little bit about the regional conservation partnerships program. That is very important to us. The Colorado River District is looking for USDA to designate the Colorado River basin as a critical conservation area under the RCPP. The Republican River District wants the Ogallala aquifer designated. I would like, Madam Chair, to enter their letters of support into the record if that is okay with you. Chairwoman Stabenow. Without objection. [The documents follow:] Senator Bennet. I am out of time but I think I have only gone for one minute. [Laughter.] Chairwoman Stabenow. Actually, I think we need to reboot the time line. I think you started with some of Senator Chambliss's time. We will boot up another. Senator Bennet. One minute, quality not quantity. Chairwoman Stabenow. Yes. Senator Bennet. But I would like to enter their letters of support into the record, Madam Chair. I hope you will, Mr. Secretary, give them strong consideration both to meet the programs criteria. They are water-stressed regions of the country facing regulatory challenges; and as you know, Colorado really is the headwaters State in this country with the headwaters for 19 other states that are downstream of us. I do not know whether you would like to say anything else about the RCPP program what you are looking for. You said you were having listening sessions. Has anything come out of that yet? Secretary Vilsack. Well, Senator, I think we are going to try to designate these areas by the end of this month. Then we want to give folks the opportunity to put their projects together. There are three tranches of resources. $100 million that came with the Farm Bill, seven percent of the EQIP money and seven percent of CSP acres. We estimate that is roughly $200 million give or take and that money is going to be divided based on some competitive efforts nationally, 40 percent of it a national competition, 25 percent of it within states. Colorado will have an opportunity to determine within the State resource where money goes, and then 35 percent will go into these critical care areas, and that will also be a competitive circumstance. The key here is to try to leverage these resources, and the key is also to look at this from a larger conservation landscape-scale, size effort. We started this several years ago. We think this, as the Chairwoman indicated, could transform the way in which we think about conservation and the effectiveness of conservation. We are excited about this, and we are looking for as many partners as we possibly can find. We also want to incorporate this in an effort that we will be doing this summer to encourage others who may not be aware of what is going on in rural America to be willing to invest more capital and create more credit opportunities, and conservation will be part of what we will focus on in that effort this summer. Senator Bennet. Well, we are excited about it too, and we would love to be one of your partners so let us know. Actually, another question along those lines with respect to partnerships. The application of the Endangered Species Act has become a top of mind issue for a lot of people in Colorado. Let me say for the record that I am a strong supporter of the ESA. It is a statute that has protected a lot of wildlife and a lot of habitat that makes the West such a special place to live, and we have appreciate it be NRCS's efforts to facilitate habitat conservation for the greater sage grouse. Can you talk about the agency's ongoing work in this area in light of the certainty that is brought about by the five- year farm bill? I wonder in particular whether NRCS would consider investing additional resources into the Gunnison sage grouse, a species whose habitat lies mostly in Colorado. It is arguably in at least as tough shape or rougher shape than the greater. Secretary Vilsack. Senator, we started this effort focusing on seven species throughout the United States, trying to create geographic diversity in terms of this effort. The theory is that if we are asking folks to take steps to protect these endangered species that they have to have some degree of certainty that once they take the steps the rules are not going to change; and once they invest money, the rules are not going to change. Our theory is that if we can put together a conservation plan that we know will help increase and protect the habitat, that we would work with the Department of the Interior and obtain from them a commitment that if landowners follow certain procedures, they would get up to 30 years of regulatory certainty. We would be more than happy to take a look at specific species, but our goal right now is to try to focus on the seven which includes the sage grouse, which includes the lesser prairie chicken, and a number of other species. Senator Bennet. Well, I would love to work with you on that. My concern is that the local counties have done a tremendous amount of work. This is not a case where you have got people of ill will. You have actually got people that are really trying to do the right thing. My concern is that if we see a listing, all of those efforts have been for naught, and people are going to feel like the folks in D.C. once again are not paying any attention to what is going on at ground level. The cooperation is enormously important. Secretary Vilsack. Well, I am more than happy to have Chief Weller get in touch with your staff and we can set up an opportunity to have a conversation about that. Senator Bennet. Great. Good. Finally, another provision in the 2014 Farm Bill allows for expedited treatment of our national forest suffering from insect or disease epidemics. We have talked about this before. It is a huge problem as a warming climate and persistent drought has allowed the bark beetle and now the spruce beetle to kill millions of acres of national forests. I want to thank you because very early on in the first Administration you actually came out to see this for yourself. I enjoyed partnering with Senator Thune to shape the provision that gives the agency knew flexibility to treat these forests while still respecting environmental laws and community involvement. As you now suggested on which acreage to treat from 36 governors, including Colorado, Governor Hickenlooper, could you talk about the next steps for the Forest Service and can you discuss how you will ensure the treatments are properly targeted so we do not trigger litigation objections from local communities? Secretary Vilsack. These areas in terms of the expedited NEPA process are limited to 3000 acres in size. We have received from the governors their recommendations. The Forest Chief Tidwell will be able to amplify or expand those recommendations with his own recommendations. The key here I think is to have the resources to be able to do the treatment necessary, and that gets back to this whole issue of how we pay for forest fires that have become more intense and longer and much more expensive. The reality is not long ago, roughly 15, 17 percent of our budget was on fire suppression. Today it is 40 percent and that creates uncertainty. This is why we have proposed and suggested a different way of funding fire suppression that would provide greater certainty in our forest budget which would allow us to make commitments, specific commitments, that we could guarantee and follow through with on the stewardship responsibilities. We are prepared to work with governors. We are prepared to move forward on these designated areas, but it will be much more difficult if we do not get a handle on how we pay for fire suppression. If we continue to do what we have been doing, treating it differently than other natural disasters, we are going to continue to squeeze the rest of the Forest Service budget, and the progress will be much slower than you would like. But if we could get a new system that is not about spending necessarily more money but spending it a little bit differently, creating greater certainty within that Forest Service budget, I think you would see accelerated efforts in these areas. Senator Bennet. Thank you, Mr. Secretary. Thank you, Madam Chair. Chairwoman Stabenow. Thank you very much. Now in the nature again as being the bipartisan Committee that we are, we are making a slight change. I thank my Republican colleagues for allowing Senator Leahy, who I know has to chair a Committee, to move ahead and then we will go back since Senator Grassley was here before and then Senator Hoeven. We will have two Republican colleagues and then we will go back to Senator Donnelly and get ourselves back going on track. But one of the wonderful things about the Committee is having a number of Committee chairs on the Committee, but that means that we need to be flexible. Senator Leahy, one of our distinguished former chairs. Senator Leahy. Thank you, Madam Chairwoman. I thank Governor Hoeven and I thank Senator Grassley too for their courtesy. I want to echo also what Senator Bennet said as praise of you, Madam Chairwoman, that you kept us all together in getting this Farm Bill out. You had several former Chairman, former Chairs, former Ranking Members. I look around the room's gallery on the wall of several of us. We came in here under your guidance. You said let us do legislation. Let's not do talking points. Let's do legislation. Secretary Vilsack, I have to compliment you on that because you and your staff worked so hard. We talked to each other in the evenings and weekends. Adrienne Wojciechowski here on my staff. We sent photographs of her to her husband so he could remember what she looked like because she was practically living down here. But everybody worked together and I think what a thrill it was when you and I and the Chairwoman went out for the signing of this bill in Michigan, and it is important to me. I obviously had an interest in the mid-sized dairy farms which are important in my State of Vermont. How the department interprets the premium rates for coverage in the new dairy margin protection program for a farm for the first four million pounds of milk, is going to have a major impact on the rule about midsize dairy farms. These midsize dairy farms often support multi-generations of farm families. I think it is critical that we encourage these farms to choose higher coverage levels in order to combat the erosion in the middle. This is something the census of agriculture referred to. There is going to be a steep learning curve because you go from a monumental shift from the milk MILC program where a farm is either in or out. Now, it is no longer a yes or no decision. They must have strategic thinking, consideration of farm's aversion to risk, margin coverage levels, coverage protection, all of the things you were aware of. A lot of these small and midsize farms just do not have the expertise within them to determine all of that themselves. Are you going to be able to have adequate resources directed to help these dairy farmers as they transition to this new margin protection program? I say this knowing you have had huge cuts in your own budget. Secretary Vilsack. Fortunately, Senator, you and the Committee and the Congress had the foresight to put together resources for education and for modeling; and those resources, we plan on announcing the distribution of those resources sometime this month; and when we do, that will begin the process of engaging our universities and other constituent groups to give them the tools and the invitation to be able to help us amplify and educate and provide the modeling that folks will be able to use to determine what is best for their operations. I am confident that getting this money out the door quickly is the best remedy to the concerns that you have which is making sure that people have adequate time and adequate information to make these important decisions. Senator Leahy. One of my top conservation priorities in this was the Regional Equity provisions. I want to make sure that the conservation programs benefit all states as required by the 2002, 2008, and the 2014 Farm Bill. But we have seen in a lot of years when regional equity states did not receive the minimum funding allocations even when there was a proven demand and need. We have this with Vermont's Lake Champlain, a new EPA TMDL for phosphorus, a lot of complex things that they need. Lake Champlain is the largest body of fresh water in this country outside of the Great Lakes. Are you going to be able to assure that regional equity states have greater certainty about the minimum conservation funds they are going to get so that all states can benefit from these important conservation programs? Secretary Vilsack. Senator, you might be surprised to know that you are not the first Vermonter that has talked to me about this. Your governor called me I think before the ink was dry on the bill. Senator Leahy. I had a feeling he might. Secretary Vilsack. Yes, he did, and spoke at great length. We obviously understand the responsibility that this is the United States Department of Agriculture which represents all 50 states and we have to be very conscious of making sure that the resources are distributed appropriately and equitably. That ought to be a goal, and it is a goal, and we will do our best to comply with the directive. Senator Leahy. Then lastly the REAP Zones, the Rural Economic Area Partnership Programs, these are extremely important. We have what we call the Northeast Kingdom of Vermont. It is a very rural area. In the past, many people, leaders in our State, have said how beautiful it is but have not really worked hard to do much for it. Now, we are doing a lot. The REAP Zone has helped. It has helped fire departments. It has helped people buy their first homes. It has helped businesses open doors, and I just wanted to encourage continuation of that. I spent a lot of time up there. I go through there. My wife was born in that part. My mother was born in that part of Vermont. To see the huge return on investment that you made in the REAP Zones up there, the taxpayer is going to get their money back in greater jobs and investment and all but the effect on the people and encouragement. Please keep an eye out for the REAP Zone. Secretary Vilsack. Well, both the zone in Vermont and the zone in North Dakota were extended in this Farm Bill to 2018. Candidly, I think the REAP Zones and its focus on regional economic development helped to spur our efforts at looking at how this could be done regionally in other parts of the country successfully. Senator Leahy. Thank you my much. Madam Chair, I thank you. I thank my colleagues. I should also add to the knowledge that we have former Chairs of this Committee, we even have a former Secretary of Agriculture on the Committee. Chairwoman Stabenow. That is right. Senator Leahy. I wish all Committees were this easy to put together complex legislations. Chairwoman Stabenow. Well, thank you so much, Senator Leahy, for your essential leadership as we were able to get this done. Senator Grassley. Senator Grassley. If I could stand up, I would like to call my Committee members to attention to something that I tried to accomplish in the last Farm Bill, and the Chairwoman was very helpful but we did not succeed in the end even though the House passed this, the Senate passed, or the House passed it and the Senate passed it the same way. The Conference Committee changed it so it makes it pretty impossible for the Secretary of Agriculture to do what I originally wanted it to accomplish to do. But this is an example of a general, the legal structure of a farming operation organizes the general partnership in Louisiana. The general partnership was highlighted in a Government Accountability Office report from last fall. There are 17 different owners of 22 LLCs that make up his general partnership. Sixteen of the 17 owners claim eligibility for farm subsidies based upon active personal management only, according to the GAO report. According to the last available records that we could find, these managers lived in seven different cities. The chart you give will say nine different cities. That has got to be corrected. It is seven different cities across three different states. I said that the Chairwoman tried to help us very much to preserve this in conference. You remember you reported to me that you were told, well, you really do not understand agriculture very well. It is pretty simple to understand the abuse of the farm program with an operation like this for 16 out of 17 people able to collect farm subsidies as the result of this. As I indicated to both the Secretary before and just now, it is difficult for him to write rules but he was given that responsibility. I wanted to ask him some questions along this line. This is Section 1604 of the Farm Bill which requires the Secretary to promote, promulgate a rule to better define, quote, ``a significant contribution of active personal management,'' end of quote. Congress previously approved, as I indicated, a much simpler fix by eliminating this to just one additional person. Of course, you can see with manipulation of the farm program like this you can see that it is pretty difficult for young people to get started farming when you have got abuse of the farm program like that. Mr. Secretary, I think the first question, I am just going to make a statement, unless you disagree with it. I think this entity that is organized here is just one example that we have from the report to maximize management efficiency is really some things that is organized to maximize farm subsidies. That is my opinion. Maybe I better ask you if that is too much for you to accept. Secretary Vilsack. Senator, I think people have been very, very creative with the law. Senator Grassley. Okay. Then this is a question I would like to have you answer. I think it is simple. The GAO report cited farm service agency officials who essentially said the definition, quote-unquote, of actively engaged was so broad that--and I am talking about previous to this Farm Bill--was so broad that they could not enforce it even if they wanted to. Is that something you could agree as something that we heard testimony from some of your people, I mean, before you were even there? Secretary Vilsack. Yes, I have no doubt that there was some confusion about precisely what this definition is and is not. Senator Grassley. So then another question. Since the current definition of actively engaged stems from rulemaking, the U.S. Department of Agriculture had authority, even prior to this bill, I mean, our new law, to make changes to the definition before this Farm Bill was signed into law. That is not an accusation against you. That could be an accusation against any of the previous Secretaries of Agriculture. Would you say that is right? Secretary Vilsack. I think that is correct, Senator. Senator Grassley. Okay. Secretary Vilsack. I think there was an opportunity to define it, and efforts were made. Not an easy task. Senator Grassley. Okay. Then a follow-up. Does this new Section 1604 limit any of the existing authority--you heard my premise. You have a difficult job. I understand that. Does Section 1604 limit any of the existing authority you had, meaning prior to the legislation, had to change the definition of actively engaged before the Farm Bill passed? I hope the answer is no. Secretary Vilsack. Well, I am not sure about that, Senator. Senator Grassley. Okay. Secretary Vilsack. The way I understand it the modification and the restriction that was then placed by virtue of the 2014 Farm Bill really, really narrows the capacity of the Secretary in this particular space. As I understand it, you essentially said, in essence, if it is a family farm, with a very broad definition of family farm, you cannot be focusing on actively engaged within the context of a family farm. Senator Grassley. You are right. I agree with that. Secretary Vilsack. That creates a very, very narrow lane in which the Secretary can act. I have asked our team to educate me fully on all of the examples that people have raised about the concerns, because at the end of the day it is not really about credibility, it is not just about all that you mentioned, it is about the credibility of the farm programs to the 99 percent of America that does not farm. I think it is important. It is also recognizing that farming is different. Farmers in Iowa, the way they farm is a little bit different than the way they farm in Mississippi and probably different than the way they farm in Michigan. You have to understand and appreciate that. But you also have to take a look at ways in which people have been quite creative and ask yourself is this consistent with what the purpose of these programs are and I think the purpose is to reduce the risk of farming so people can stay in the business when mother nature does not cooperate. Senator Grassley. I think basically I agree with you but let us go down that narrow lane then that you are talking about. Since it does not say anything about your existing authority that you had prior to this legislation, you can still fix this problem for all farms consistent with the single extra manager approach that Congress approved. Secretary Vilsack. I am not sure about that, Senator. I would be happy to look at that. Senator Grassley. Could you look at that? Secretary Vilsack. Sure. I would be happy to look at it. Senator Grassley. Communicate with me. Secretary Vilsack. Sure. Senator Grassley. Okay. Then my last question. The Government Accountability Office report also outlined that the FSA was not doing its compliance reviews in a timely manner. Has the Farm Service Agency taken any steps to fix that problem at the state level? Secretary Vilsack. Well, I think we are trying to adjust to the fact that the workforce has been reduced by 20 percent because of budget reductions, and we are trying to create a little better structure to our Farm Service Agency offices that would enable them to do all the work that they need to do. I can assure you that we are going to take compliance and the integrity of these programs very seriously. Senator Grassley. Let me explain or just supplement what I said. We seemed like we had a lot of examples in the GAO report where at the local level there were a lot of decisions made that certain farming operations were not being actively engaged say, and later on an appeal at the state or the national level, except in one or two instances, they were overridden. Secretary Vilsack. I think our goal is to provide enough certainty and clarity that we do not have a whole series of appeals, that everybody knows what the rules are. Chairwoman Stabenow. I would ask you to wrap up, Senator Grassley. Senator Grassley. I have no more. You bet. This will be the wrap up then. Going back to what you said you would look at and discuss with me, it is in that narrow area of things that are not defined as family farmers. Secretary Vilsack. Yes. Senator Grassley. Okay. Thank you. Chairwoman Stabenow. Mr. Secretary, I just want to associate myself with Senator Grassley and I believe we have given you authority to address abuses and am confident that you will be able to proceed to do that. Secretary Vilsack. Some authority, Madam Chair. Chairwoman Stabenow. Well, we are looking forward to you using the authority you have. Thank you very much. Senator Grassley. Very much as you can. Chairwoman Stabenow. Yes. Senator Hoeven. Senator Hoeven. Thank you Madam Chairman. Secretary Vilsack, Governor Vilsack, good to be with you and working with you in your capacity as Ag Secretary. Thanks for your work on the Farm Bill. I also want to thank the Chairman and the Ranking Member again for their work on the Farm Bill, and I also want to thank you for your rapid implementation of the Livestock Indemnity Program, very important in the western part of our State and in South Dakota; and I have to say you really did jump on that and it is much appreciated. I think this is a good Farm Bill. The implementation is going to take a lot of work to do as well. I know your people are working on it very diligently. I think it also would be quite useful for you to hear from farmers and ranchers on the ground. You have been out to our State before, and I would like to extend an invitation for you to come out, and I hope during implementation that you would be willing to do that, to come out and visit with some of our farmers and ranchers in our part of the country and get their input as you engage in the implementation. Secretary Vilsack. Senator, fortunately, they do not let me guarantee my schedule but I will do everything I can to make sure I am available to folks. Senator Hoeven. Good. Well, if you would work with us, we will see if that is a possibility, and I think it would be useful for you. We have a very diversified Ag base both on the farming and ranching side, and I think that would help. Secretary Vilsack. Not as diversified as Michigan, but, yes, I know it is diverse. [Laughter.] Chairwoman Stabenow. That is true. I am so pleased, Mr. Secretary, that you remembered that. Senator Hoeven. I would be willing to kind of debate that one anytime. [Laughter.] Senator Hoeven. What I do want to talk about for a minute though is the wetlands mitigation bank that we included in the Farm Bill to help our farmers deal with their conservation compliance costs. That is one of the issues I think you can hear from our producers on, but just your thoughts now is you work to make sure that as you implement conservation compliance that you are doing it in a way that is farmer friendly and does not impose undue burdens or costs on our producers. Secretary Vilsack. Well, in terms of the mitigation bank, it is our intention to get this up and going by early 2015. We understand and appreciate especially in your neck of the woods that there have been a lot of issues that needed attention. We are doing our best to try to play catch-up on some of the things that may have gotten a little bit out of hand in terms of wetlands. I know that the approval process and the certification process, it created a huge backlog, and we have tried to address that. We have cut it in half. We have got a new initiative to put more people on the ground to help. We are going to do everything we can to make sure that we are farmer friendly and to try to get these determinations made as quickly as we can. Senator Hoeven. That would be much appreciated. This is an area where the Chairman and I actually disagreed in terms of the tying crop insurance and conservation compliance together. Of course, that is why we included language on acre for acre mitigation, and also this wetlands mitigation makes it very important that as you move forward with implementation of this Farm Bill that you are talking to our farmers about how that is done to provide them with the certainty that they need so that, like I say, it does not create undue costs and burdens for them. Secretary Vilsack. Well, NRCS is working to figure out ways to best communicate the option that producers have, and we will continue to do everything we can to make sure they have the information they need to make the right decision for their operation. Senator Hoeven. Along that line, I want to go to a new regulation that the EPA has put out, Waters of the U.S. This is one that I am absolutely opposed to, that our farmers and ranchers are terribly concerned about not only because of the potential complexity and difficulty it creates for them but also the potential legal liability. Now, I think it was in front of our Energy Committee or maybe one of the Appropriations Committees. Gina McCarthy, Administrator of the EPA, came and testified in front of us and indicated that she was going to work with you I think and also with the Corps of Engineers on that implementation. This concept of significant nexus I do not agree with and I think is absolutely going down the wrong road. What assurances can you give me that this is not a good big-time problem for our farmers and our ranchers? Secretary Vilsack. Well, I think it is important to note that the Waters of the U.S. essentially says very clearly normal farming practices are not going to be impacted and affected. The Administrator has assured that this is not designed to provide more regulations in terms of ditches, and what we did was that we suggested the need for greater certainty and clarity which is why they have identified 56 conservation practices that will not require notification or permitting. That list can be expanded over time through an MOU that we have entered into and will enter into with EPA and the Corps. As situations arise, as folks confront challenges, I would fully expect that list is going to continue to grow and that list basically does provide farmers and ranchers a great deal more certainty than they had before because they can now be assured that if whatever they are doing is on that list, they do not have to notify anybody, they do not have to ask permission. They can proceed forward. We will continue to work with folks. I think the key here, Senator, really is for people to really understand what this covers and what it does not cover, and they are making an effort to try to make sure people understand, normal farming practices not impacted. Additional regulation of ditches, not the case. Conservation practices, 56 do not require notification. No notice, no permit. We will continue to work with you. If there are certain circumstances and situations where your farmers are proposing certain things and saying, well, what about this, get them to us and we will try to help say what the answer is for each individual situation. We are working with them. Senator Hoeven. In asking EPA some of the same questions from the perspective of the farmer, if you have got a farmer and rancher who is engaging in his operations under this significant nexus, it appears to me they are at risk downstream to any group based on what occurs in the, quote, navigable bodies of water. That is why we are adamantly opposed to this, and I think if you talk to farmers and ranchers you will understand that they are very concerned because EPA is not telling them that they are protected from liability downstream in the navigable bodies based on whatever farming or ranching activities that they may be undertaking. This is a big problem for our producers. Secretary Vilsack. Well, Senator, we are visiting with producers on a regular basis and they are expressing concerns; and as these concerns are expressed, we are working with our colleagues at EPA to make sure they fully understand and appreciate. This is, as you know, not the final. There is an opportunity I think for additional education and comments, and I think EPA is taking that into consideration, and I think they are hearing the concerns, and I would not be surprised if they are not addressing and trying to respond to those concerns. Senator Hoeven. Well, and this is why I think it is very important that some of our farmers and ranchers have a chance to visit with you on this and other important issues. Thank you. Chairwoman Stabenow. Thank you very much. Senator Walsh. Senator Walsh. Thank you, Madam Chairwoman. Mr. Secretary, thank you for coming and thank you for your service. The Farm Bill is Montana's Jobs Bill. The programs in the bill support jobs across the State, both on and off the farm. From risk management tools for farmers and ranchers to investment in rural economies to conserving our outdoor heritage, the Farm Bill is a one-stop shop for supporting rural America. It took too long to pass a new Farm Bill but thanks to support across the country and the leadership on this Committee, we have a chance to rebuild public trust by making sure it is quickly and fairly implemented. I commend your efforts in moving quickly to roll out the livestock disaster programs. Montana ranchers need that support from past losses from drought and blizzards. I am also happy to see the roll out of the Voluntary Public Access Program. This program holds incredible promise to continue opening up access to prime fish and wildlife habitat in Montana for hunting and fishing, building on Montana's success with block management, and it will help sportsmen and land owners alike to continue to grow our 2.5 billion outdoor industry. But for the new Farm Bill programs in particular, it will take dedication and resources to get these right. I am deeply concerned that the cuts and office closures in the budget proposal will make it more difficult to get these programs out quickly and educate farmers. I sent a letter to your office on this very issue recently and I am still waiting on a response. We cannot shut the door on farmers and ranchers. They are the backbone of our rural economy, and closing even more offices would have a devastating impact in Montana where each office already covers many more acres than other states. Related to that, USDA is not utilizing the community-based grassroots organization of the FSA. FSA folks on the ground across Montana are unable to start answering questions about the new programs from producers in their counties. I know they do not have the answers yet, but it is important that they feel free to talk to farmers about the new programs. This will help identify local problems and solutions before it is too late. On a more personal note, I was happy to see the provision that created the Military Veteran Agricultural Liaison. I know it can be hard adjusting to civilian life after active duty, and this position will allow USDA to have a central resource for veterans seeking opportunity in agriculture, creating jobs across Montana and across the country. I encourage you to act quickly to fill this position. Now, there are a few Montana priorities I would like to discuss. My first question, Mr. Secretary, is that the Farm Bill provides the opportunity to update payment yields which will be used in calculating a payment under PLC. This update for those who choose it will allow productive Montana farmers who enroll in the PLC to have a program that better aligns with their good farming practices. The bill also allows a voluntary base reallocation. Planning patterns have shifted quite a bit in parts of Montana. Some farmers want their base acres updated to reflect that transition. As you know, farm policies change over time, and it is common to use pieces of previous programs such as base acres and program yields; and for that reason, it is critical that the opportunity to update yields and reallocate base be offered to all farmers regardless of which program they choose. It is also important that FSA start the process as quickly as possible. My question is. Will all farmers be provided these opportunities and what steps have been taken to implement these two provisions? Secretary Vilsack. It is our hope that by the fall folks will be able to make appropriate adjustments to their acres and production. Our goal, Senator, is to try to get information out to folks so that they can begin the process of evaluating precisely how these programs would operate. That is why it is important for us to focus on getting the education money and the modeling money out which we are going to try to do this month. So, they will have that opportunity and they will also have, I think, adequate time to be able to evaluate the impact of these programs. I will tell you that we will continue to work with our local folks at the FSA offices. I am happy to visit with you about the issue of FSA offices because I am not sure that we have done a good enough job of explaining to you that this is not really about cuts, it is about restructuring the way FSA works so it can be better at its work, better at its job. Senator Walsh. Okay. The Ag land easement program administered by the NRCS has potential in Montana to serve our working lands. Montana land trust used the previous easement program to conserve 111,000 acres of our most productive land. Unfortunately, the usefulness of the easement program has been threatened by moving the decision-making from Montana to Washington. This has made it harder to get waivers for requirements that do not make sense on the ground in Montana. The result is that thousands of acres in Montana could be locked out all due to restrictions that do not advance the goals of the program on those particular properties. Also the success of the new easement program depends on Montana's NRCS staff's ability to accommodate Montana's agriculture practices. State offices should have the flexibility to waive regulations that reduce the Ag viability of the land while bringing no conservation benefits. How much flexibility will be given to state conservationists in the new Ag land easement program? Secretary Vilsack. It is my understanding that they are, that we look upon them as the principal decision-makers. One of the things that we attempted to do was, rather than being prescriptive in terms of how much money could be used for easements and how much money could be for wetland restoration, that we are giving state conservationists the ability to sort of gauge what their need is in individual states and then they can essentially appropriate and allocate the resources according to the needs. It is not going to be siloed. It is not going to be dictated to them. They are going to have some flexibility to be able to say, for our state more easements are important; for other states, more wetland restoration would be important. Senator Walsh. Okay. Thank you. Finally, the bark beetle infestation in the West has killed trees on millions of acres of forest land in Montana and across the West. Beatle kill hurts our rural economy by increasing risk of wildfire, reducing marketable saw logs, and discouraging tourism. Addressing the issue up front will save money in the long run. Governors across the country are awaiting your decision about the proposed designations for priority landscapes for treatment under the Farm Bill. In this critical period of planning ahead of seasonal vegetation management, are you confident the Forest Service can get work completed on the ground this year, using the insect and disease language in the Farm Bill? Secretary Vilsack. Well, I am confident that our Forest Service will do everything they possibly can to do the work that is necessary, Senator. I would say that the long-term capacity for us to do the job that you want us to do and that we want to do is dependent on us getting a different way of funding fire suppression. The fire suppression budget eats up a substantial amount of the Forest Service budget and creates the need for us to take money from restoration and rehabilitation resources to be able to fight fire suppression. It is replaced the following year but the problem is there is never any certainty about those resources. I think it's extraordinarily important that the Congress addressed this, create a new and better way of fighting the fires and funding the firefighting which gives you greater certainty in the restoration and rehabilitation portion of the Forest Service budget. If you had that, if we had that, we would see accelerated activity in this area. We totally agree with you there needs to be a tension. Senator Walsh. All right. Thank you, Mr. Secretary. Madam Chairwoman, thank you. Chairwoman Stabenow. Thank you very much. Senator Thune. Senator Thune. Thank you, Madam Chairwoman. Mr. Secretary, thank you for being here and I want to take this opportunity to thank you too for prioritizing livestock disaster program implementation and for beginning to take those applications on April 15 of this year, and I also want to thank you for sending Undersecretary Scuse to South Dakota a couple of different times since the October blizzard that we had out there. There were several hundred livestock producers in South Dakota who lost tens of thousands of head of livestock during that blizzard and the Livestock Indemnity Program is really their only lifeline to sustain their operations. I am wondering if you can provide an update with how many LIP and LFP Livestock Forage Program applications you have received in South Dakota and the status of payments that have been issued for these programs. Secretary Vilsack. Senator, roughly twenty-five hundred applications between the two programs have been submitted from South Dakota. I can get you the specific dollar amount that has been distributed. It has been $16 million nationally. That number is probably dated. I get a report every Friday nationally in terms of all four of the disaster programs. I can tell you 33,000 applications nationwide. Primarily in the forage program is where a lot of the payments have been made. A handful of payments have been made but we are processing them as quickly as we can. In South Dakota, 2260 livestock forage applications and 535 LIP applications. It does not tell me how much money has been spent but we will get those numbers to you. Senator Thune. Thank you. I want to ask a question too about the Commodity Title included in the Farm Bill because it is significantly different from and much more complicated than the direct payments that title replaces. The new Commodity Title includes ARC with this calendar year or farm level option. PLC within SCO option. There are one time choices that will last the duration of the Farm Bill or through the 2018 crop year. With commodity crop margins expected to continue to be much tighter over the next few years, adequately educating farm program participants is going to be extremely critical. My primary interest in the issue is to ensure that USDA recognizes and supports the need to select a lead institution that will ensure programs of interest to producers in the Midwest and the northern plains including county and farm-level ARC as well as the PLC options are fairly represented in development of a web-based decision tools that are going to be available to producers. Since there are regional differences and differences in crop production methodologies and marketing, would you agree that if USDA would utilize multiple universities that are geographically diverse, more superior web-based decision aids would be developed? Secretary Vilsack. Yes, I think there is a recognition, Senator, that we have to be very careful about these selections for the very reason that you have addressed. If the modeling is skewed to one commodity or another, you will end up maybe making the wrong decision in some parts of the country. We are going to do everything we possibly can to make sure that these resources are distributed to folks who are capable of establishing models that will be of most help and that will reflect the diversity of American agriculture. That is the goal. I cannot tell you today whether it is one or multiple but I can tell you that the goal for certain is making sure that there is no regional bias one way or the other, and I think that is important. I think folks are going to need information to be able to make. This is a very important decision. It is not a decision that they can reverse year-to-year. It is a once, this is it for five years. We want to make sure we give them adequate information. We want to give them time to be able to evaluate. We want to give correct information. That is the focus, and that is why we are trying to get these resources out by the end of this month. Senator Thune. Great. Well, if you could, I think it would be really helpful to have one or more mid-western universities involved in that process if you could do that. Could you give us an update on CRP and implementation, general time line for sign up for general and continuous CRP? Secretary Vilsack. We expect and anticipate that the continuous sign-up will resume sometime this spring. I have not yet made a specific decision relative to the general sign-up. There are some complexities. We have changed the program a bit and I want to make sure that, as we look at these changes, that we do the very best we can to maintain this program but the continuous program will be resumed very, very shortly. We expect and anticipate continued interest in the continuous program, and I think the fact that we are going to see constrained acreage in CRP really forces us to be very focused on how we use these acres most effectively, and the continuous program gives us that flexibility to really focus on habitat or on pollinators or whatever it might be and on highly erodible lands. Producers are going to be given the right potentially to make a decision to opt out. Senator Thune. Right. Secretary Vilsack. That is what I sort of want to be able to evaluate in terms of its impact on the general sign-up and how that opt-out procedure will work. We are in the process of finishing that. I think very shortly we will be making an announcement on where CRP is, but in my own mind I am not quite there yet. Senator Thune. I just want to point out one thing. This is something that has to do with midterm management practices which I think needs to be addressed when that new CRP regulation is drafted. I have heard from far too many producers in South Dakota who have been told that the only midterm management practice approved for them is to either burn the permanent vegetative cover or to cut and bale it and then burn the bales. It seems to me that a much more reasonable alternative would be for all CRP practices that are subject to midterm management to allow the cover to be harvested, donate it to a third-party with either a minimal reduction in the payment or no reduction at all, and discontinuing payment for midterm management practices. Everyone wins if this occurs, and the CRP contract holder, the taxpayer, and you get no reduction in wildlife or habitat benefits. I am wondering if you might consider making a change in CRP midterm management. Secretary Vilsack. Well, I think we recognize, we have heard the same concerns that you have and I think we recognize the need for more flexibility and the utilization of common sense. In fact, we just sent a bulletin out to our field offices in the last week or so on this issue. I think you will see more flexibility. I think you will see more common sense on this. I think we learned a lot during the drought in terms of the need for flexibility. I would expect you will be more satisfied than you have been. Senator Thune. Good. That would be great. I mean, this is something that consistently is raised by producers is they look at this, this program and the way that it gets managed and it just makes no sense, particularly when you look at all the loss of cover. In our State wildlife habitat is a very important issue as well. Secretary Vilsack. I think that one of the things that I have learned in this process is that we really do need to be sensitive to how we make decisions about CRP because they are subject to being questioned in litigation which basically slows the whole process down. So, to the extent that we can be collaborative, to the extent that we can reach out to folks who have an interest and a stake in this and learn from them and attempt to be somewhat flexible and somewhat understanding of the various interests at stake here, I think we could do a better job of avoiding confusion, a better job of providing flexibility and perhaps reduce the amount of litigation involved. Senator Thune. Good. It would be great if you could reduce litigation. I hear what you are saying and I understand that is something that you have got to prioritize but people look at burning bales or burning vegetative cover, they are just going why are we doing this. Thank you, Madam Chairwoman. Chairwoman Stabenow. Thank you very much. Before turning to Senator Casey, I just want to underscore, Mr. Secretary, one thing that Senator Thune was talking about on education outreach. Actually, it was our intent in writing the language more broadly that we would not have just one institution or one region doing this but that we would have multiple institutions throughout the region. Senator Thune. Even if it is Michigan State. Chairwoman Stabenow. That would be good, that would be a great place to start, but we certainly do not want to see all of it going to one institution. I know you understand that. Senator Casey. Senator Casey. Madam Chair, thank you. Mr. Secretary, thank you for being here this morning. I am sorry I had to run in and out. We are doing some juggling this morning. But before I get to questions, I wanted to try to maybe explore three issues. Dairy, an issue you and I have talked about over many years and I have always been grateful for your help and for your understanding and the knowledge, of course. Dairy, microloans, and maybe healthy food financing initiative. But let me say first, I am grateful for your leadership at this department at a very tough time in our Nation's history. It is a very difficult time to be running any substantial agency with all of the rancor and partisanship in this place but also with the sometimes limited funding that is available to do the things that we hope to do, and we are grateful for your public service all these years in a tough job. I am remembering. I do not know if you remember this, but I think it was maybe August of 2012 or September of 2012. We were together at a meeting. You were writing down all of the various programs that were directly impacting Pennsylvania with dollar amounts. I do not think I saved that but I should carry that card around because we need to remind folks about what is working and what is positive and constructive. I am remembering that as an indication of good progress. On dairy, we have had, in all the discussions that you and I have had about Pennsylvania, you have roots in our State. You know it well. We are second only to Wisconsin in terms of the number of dairy farms, and a lot of that story as you have heard me talk to you about and as you understand has been a difficult and a sad story. Families, one-or two-or sometimes three-generation family when they get to the current or the next generation, people in their 20s or 30s or 40s turning to their parents and saying I cannot do this or their parents saying to them you probably cannot do this. It has been a difficult story but we have got a little bit of good news to report in more recent time frames. Milk production in Pennsylvania is up nearly half a percent from a year ago; and with milk quality, reproduction, and herd management benchmarks improving, dairy exports are at an all- time high. Some good news there. The first question I had for you was on the dairy margin protection program. Talk a little bit about the implementation of that. Secretary Vilsack. Senator, we are on track to get this implemented by the September deadline that you all established in the bill. We obviously have work to do and that is part of why we are trying to get the education materials out and the web-based tools out so folks can make appropriate decisions. I certainly sympathize with the concern that you expressed about the small and midsize operators. It is not just about the dairy margin program. It is also about creating additional market opportunities which is why we have been focusing on local and regional food opportunities because often times you have the midsize producer competing against a very, very large producer who has, by the nature of their facility, greater efficiency, greater ability to provide quality and quantity. What we are trying to do is create alternative market opportunities where those small to midsize operators are not competing against the big guy in a commodity-based market but are directly relating to a consumer and a customer that they personally engage in. Our hope is that it creates more opportunities for folks in the middle to stay in business but it is no question it is tough. We are going to get this program up and going in September. Hopefully, that will provide some help and assistance as well. Senator Casey. That is great, and I am glad you mentioned those smaller dairy farms and the margin protection program as it relates to them. I wanted to ask you about microloans. We know that the Farm Bill established cooperative lending pilot projects to aid in the administration of microloans. I just wanted to get your sense. I guess this is section 5106 implementing those cooperative lending microloans programs. Can you talk about the implementation of that section of the bill? Secretary Vilsack. Let me just check. My focus frankly, Senator, has been on getting us in a place where we can increase the loan amount on the microloans from 35,000 to 50,000, and we expect and anticipate to be able to do that sometime this fall. We are still evaluating the pilots to try to figure out precisely how that could happen and in what circumstance. But with your question, we will go back and take a closer look at that issue. Senator Casey. I am grateful. What I have tried to do over several years now is to try to create some opportunities where committees can have the benefit of those microloans where it is not only targeted but it is also in the context of incentivizing the growth in local markets, kind of home-grown food, and using microloans to stimulate that kind of activity. Finally before we wrap up, the Healthy Food Financing Initiative, another positive story to tell. We are seeing in Pennsylvania that the program right now is supporting renovation and expansion of existing stores in our State--I am sure this is true in other states as well--so they can provide healthy foods that communities want. Something like 88 stores and 5000 jobs. There is a $30 million investment of State dollars that has resulted in projects totaling $190 million. A great synergy between what the State was doing and what now the USDA is doing to help with that. I know part of that implementation is not just USDA but it is also HHS and Treasury. Anything you wanted to tell us that or any kind of an update? Secretary Vilsack. The fiscal year 2015 budget that we proposed includes money for the implementation of that healthy financing initiative at USDA. It is authorized but resources have not been appropriated so it would require an appropriation in 2015. Senator Casey. Okay. Secretary Vilsack. We have been working with the Health and Human Services folks and with the Treasury Department in the use of credits in their grant program to try to encourage more focus on food deserts and food areas where there is a need for full-scale grocery stores or smaller operations that provide greater selection than a convenience store. Our focus I think at USDA has been primarily, initially in this space is to create new market opportunities for those small to midsized producers. We have been working on expanding farmers' markets, working on food hubs which will allow for an aggregation of locally and regionally produced food. Today we are announcing the farmers' market promotion resources and the local food promotion resources that will be available under this Farm Bill, roughly $30 million. That is going to be potentially of some help and assistance as well. Senator Casey. Thank you very much. Thank you for your service. Secretary Vilsack. My staff just provided me a note that there is a listening session on this issue on the 30th of this month in case your staff is interested. Chairwoman Stabenow. Thank you. Very exciting. The Healthy Food Financing Initiative was a very, very important issue. Thank you, Senator Casey, for raising that as well. Senator Johanns, we were talking before you arrived about having a former Secretary of Agriculture on the Committee. We will certainly miss you as you leave us at the end of the year, but we were glad as always to have your voice. Senator Johanns. Senator Johanns. Well, thank you very much. I have to say I think this is the best Committee in the United States Senate. In your leadership both the Ranking Member and Chair could not be better. So, I thank you. I will miss you. Mr. Secretary, it is good to have you here and I am going to give you a compliment. Every time we have asked you to show up and explain your budget or explain something that was going on, you have done it, and I want to tell you how much we appreciate that because it helps us do our job, and it makes the USDA more accountable which in the end we both agree is a good thing. I applaud you and your team at USDA for recognizing the important role that we play in on these Committees. I thank you for that. Secretary Vilsack. Thank you. Senator Johanns. Let me, if I might, focus on a very specific provision of the Farm Bill. I offered an amendment to establish an Undersecretary for Trade in Foreign Agriculture Affairs. Almost immediately then Senator Max Baucus spoke up and embraced the idea, and so it became bipartisan from the moment I offered it. It got substantial support here. It got substantial support in the United States Senate and became a part of them Bill. Part of the provision there provides that by August 6 you will report to us on the implementation of that. I just was curious, want to know, where are you at in terms of the discussions about that? Where are you at in terms of thinking about reorganization plans and how that is going to fit in and do you believe you will meet that August deadline? Secretary Vilsack. Senator, this is a lot more complex than I initially recognized. I can tell you that we had a meeting in my office where folks began to explain the various subparts of USDA that have some either direct or indirect connection to trade as you well know from your previous experience. There are obviously equities and passions and concerns that people have expressed. So, we are in the process of evaluating all of those equities and making sure that we do a good job of identifying every aspect of USDA that may have involvement in this decision so that the report that we provide you is as complete as it can be. I do not want a situation where we report to you and then someone says, well, what about APHIS' role in trade and why did you not include that and if you are going to include how do you include it. I want you to know that we are talking about this, and I recognize the need for a thorough and comprehensive review of it. We will do everything we can to meet the August 6 deadline. I do not know whether we will meet that or not to be candid. We will not meet it if, in order to meet it, I am going to sacrifice the quality of what I give you, but we will do everything we possibly can to get there by August 6th. There is a lot going on at USDA as you well know. We have had reduced workforce. We are continuing to stress budget constraints. So, we will do our best and we are taking this seriously and we are looking at it and we will do the best we can to give you as good a report as we can. I will tell you this. I do recognize the importance of trade generally to agriculture. I mean, we have had five or six good years in trade and that has certainly helped to stabilize farm prices across the board. We want to continue that and we also recognize how complex this issue is. Senator Johanns. Let me offer a thought because I think you are enormously diplomatic. I can only imagine sitting in your office---- Secretary Vilsack. You do not have to imagine it. You were there. [Laughter.] Senator Johanns. --and the people coming in and the various turfs and I can just feel the pressure of that weighing down on you because we have said to you we want to hear from you by August 6. Thirty farm groups supported this. This had substantial support. Let me use this opportunity just to say to USDA this is really important. This is one you cannot outlast me because there are other advocates who want this to happen. There are 30 farm groups that want it to happen, and it just makes sense. You know, I look back at my time at USDA and so much of what I did was trade related. I would have given anything to have this position in place, and I get the complexities, I do, and I get the turf, I get the battles that are going on. Secretary Vilsack. If I can just say one other thing, Senator. It is further complex because our deputy, Darci Vetter, who has been so heavily engaged in trade discussions is now being proposed to move over to USTR. It is timely but there are a lot of moving parts here and I do not want to suggest to you that my answer should indicate to you that I do not think it is important or that I do not think it is something that we should do. I just want to make sure we do it right. Senator Johanns. Yes, we want it done right and we want it done. So, that is two things they need to do. It is very straightforward. Let me, if I might, turn to trade. I have been offered the opportunity many times, as all of us have on this Committee, to talk about TPP, TTIP; and I have offered the opinion that I do not see a pathway to success with either one of those without trade promotion authority. I just do not think a trading partner is going to negotiate and give back and forth when they know that 535 people, after the agreement is reached, can hit it, amended it or whatever. I would like your comments on that. The President mentioned it in his State of the Union address. How important is it for us here in Congress to support the President on this one, and I do support him and I will help him in any way to get this, but how important is it to get those trade agreements done? Secretary Vilsack. Well, there is enormous opportunity for expanded agricultural trade with these two trade agreements. There are hundreds of millions of new customers that we could appeal to and that we would basically win a significant percentage of because of the quality and quantity and the price that we can provide. Having said that, I do not think we should underestimate the difficulty of these negotiations whether you had TPA or not, whether you had trade promotion or not, they are still going to be extraordinarily difficult because there is resistance on the part of some of our trading partners to open up their markets as open as our markets have been. I think there are two ways to approach trade promotion authority. You pass it and then you get the agreements or you get a decent agreement, a good agreement, you go to Congress and say, look, you got this opportunity. Trade promotion authority would fast track this. A great opportunity. Let us take advantage of it. I think either way you could get to where you need to be. But I do not want to underestimate the difficulties of these negotiations under any scenario. The Japanese are very difficult. I think there is a pathway to potential progress there but there is a lot of work left. Senator Johanns. Thanks. Thanks, Madam Chair. Chairwoman Stabenow. Thank you very much. Senator Gillibrand. Senator Gillibrand. Thank you, Madam Chairwoman. Thank you, Ranking Member. I so enjoy the work that we do on this Committee and I am grateful that you brought our Ag Secretary here to begin to discuss the Farm Bill. Mr. Secretary, it has been an honor and privilege to work with you. I think you have done an extraordinary job in meeting the needs of farmers all across America, and I want to thank you for your service. I would like to talk a little bit today about dairy if that is all right. In the 2014 Farm Bill, we required a number of changes that will impact dairy farmers across the country. Now, in New York, we have lost a lot of cows. We lost about 65,000 cows between 2002 and 2012 and nationally dairy farmers have lost about $20 billion in debt equity between just 2007 and 2009. 2009 was a horrible year for dairy pricing. The average dairy farm in New York State are small dairies. They are 150 cows and they typically have received MILC for free. Now we have a new program and my question is. How will the USDA conduct outreach to the smaller farmers to help them at enroll them in the new margin insurance program to ensure that they are still covered in the event of another bad year like 2009 and how will your USDA field offices help farmers decide what level of coverage to purchase? Secretary Vilsack. Well, the first step in the process is to get the educational materials and the decision-making materials which is why you all have had the foresight to provide up to $6 million to be able to do that. Those resources are going to go out the door very, very soon. That will allow us to engage our university partners in getting information out and in an appropriate way. It will also equip interest groups that have an interest in all of this to be able to begin the process of educating their members or constituents, their customers. Our FSA offices obviously will have information and will be in a position to be able to respond. Our goal here is to provide producers, whether it is dairy or any other producer, sufficient and adequate information and the time to make appropriate decisions. I think getting the educational resources out the door by the end of this month is clearly important to accomplish both of those. Senator Gillibrand. Do you think the margin protection program will be ready for September 1? Secretary Vilsack. Yes. Senator Gillibrand. That is great. Do you think FSA has all the stuff they need to do for what they need to do? Secretary Vilsack. Not today but they will. Senator Gillibrand. By then. Okay. Also related, the new Farm Bill stipulates that you cannot have both livestock gross margin and a margin protection program at the same time but a lot of our farmers have been using LGM since the good risk pool. The problem is that farmers purchase contracts at various increments in time but usually for a period that covers several months. So, these are farmers who are beginning to purchase contracts that are going to the fall. These farmers want the opportunity to evaluate MPP when the rules come out and decide if it is right for them but do not want to give up their LGM. The question is. How will the Secretary work to provide clarity on LGM dairy transition given that the new margin protection rules are still pending? Secretary Vilsack. Senator, I want to give you a correct answer on that so if you will let me get back to you. Senator Gillibrand. Okay. Secretary Vilsack. Because, as I sit here, I do not know the precise answer to that. I do know while that program is important, it is so inadequately funded it takes hardly anything in to get the resources used up. Senator Gillibrand. Okay. Maybe just give that to the package of the FSA folks as you are training them for September 1, just that one piece, make sure they can advise the farmers accurately what to do. Secretary Vilsack. Good point. Senator Gillibrand. Second topic I would like to bring up is the healthy food financing initiative. This was really important for me because a lot of our communities do not have access to affordable fruits and vegetables and whole foods. I was really excited that we authorized it. It provides loan and grant financing to attract grocery stores and other fresh food retailers to underserved areas, urban, suburban, rural. You would be surprised, in New York State, we are one of the bountiful states but we have food deserts in the north country. We have food deserts in the Bronx. It does not matter if you are a big city or highly rural or mountainous, just access to healthy foods is sometimes very difficult. So, the question is. Can you assure us that the healthy food financing initiative will be administered in such a way that can get to all of these communities and recognize that even though it seems crazy that a state that is so bountiful like New York still has food deserts? Are they going to be able to implement that in a way that reaches all the communities that need it? Secretary Vilsack. We will be able to satisfy that we will pay attention to wherever the deserts are regardless of what state they may be located in. It is important, however, that we are able to receive an appropriations in the fiscal year 2015 budget to fund this program. It was authorized but not funded in the Farm Bill. So, we need and we have asked for millions of dollars in this fiscal year 2015 budget. If we get those resources, we will make sure that we do. Senator Gillibrand. Madam Chair, will you work with me to make sure we fund that because it is really vital for our State? Chairwoman Stabenow. Absolutely. I will just add that I have talked to Secretary of the Treasury because new markets tax credits had also been used for this and I have encouraged them to continue to identify new markets tax credits. Secretary Vilsack. HHS has had grant programs in the past that they have also used. We are collaborating with them even though we have not had a specific tool. There are ways in which we can use some of our rural development resources that are not quite as attractive as a grant but we are using them. Senator Gillibrand. To incentivize folks to invest, yes. That is helpful. Related, I have been working with the community development financial incentives program to really good affect. For example, with the support of an HFFI grant, we had teenagers in Brooklyn, the Cypress Hills neighborhood. We were able to start a youth-run urban farm stand, and these farm stands are great because these intercity youth who do not know anything about farming get a chance to learn where their food is grown, how it is grown. They tried vegetables they have never had before. They learn about small businesses. They learn how to manage a business operation. They are extremely effective. So, the question is. How do you see HFFI complementing other programs like the farmers' market promotion program or value-added producer grants? Secretary Vilsack. Well, it is all part of an effort to try to reconnect people with their food supply and have a greater appreciation for producers everywhere. It is all part of an effort to try to create additional market opportunities, whether it is urban, suburban, or rural. The reason why these become important is the shrinking middle of agriculture that I have deep concerns about. The folks at the top of agriculture are doing pretty well and they will continue to do well because they are extraordinary, they are efficient, they are productive, they have amazing export market opportunities. The folks who are small--they are doing okay because they have off farm income. It is the folks in the middle that have small-sized, middle-sized operations where farming is their principal employment and they are just having a hard time competing in a commodity market. Our goal is to try to create diverse market opportunities for them. So, all of this, it is an overall package to revitalize the rural economy. Production agriculture and exports, local and regional food systems, conservation, ecosystem markets and outdoor integration, and the bio-economy are the four cornerstones that you all have put in place in this Farm Bill to revitalize and rebuild a rural economy that will help some of these small and midsized operators. Senator Gillibrand. Thank you, Mr. Secretary. I just want to end with I also look forward to working with you on some food safety initiatives which are not in the Farm Bill but are not necessarily getting the attention from USDA that they need and a particularly different bacteria that affect poultry, making sure we focus on Campylobacter and other types of bacteria that we need to protract for our food supply. Secretary Vilsack. We are very focused on that. We are the first Administration to propose performance standards on Campylobacter. It is a tough word to say. Senator Gillibrand. I would love to work with you on that and also, when we processed meats, ground beef, there is so much work to be done. It is not a Farm Bill issue but I really want to move the ball on that issue. Secretary Vilsack. Okay. Senator Gillibrand. Thank you, Mr. Secretary. Thank you, Madam Chairwoman. Chairwoman Stabenow. Thank you very much. I know as we wrap up, Senator Cochran had another question. I have just a couple of comments and then I will turn to Senator Cochran. Mr. Secretary, on crop insurance I would be remiss if I did not indicate that when we look at all of the ways in which we have expanded the supplemental coverage option and new opportunities for the young farmers and so on, I want to make sure that specialty crop coverage which is so critical does not get lost or put at the bottom there. It is very, very important that we create those opportunities for farmers that have not traditionally had direct payments or asked for any kind of direct subsidies. I know that Senator Gillibrand cares about this as well that we make sure those dollars are there and that crop insurance plans are getting out the door. Then finally, and I will follow-up with questions for the record but I am very excited about our Food Insecurity Nutrition Incentive Program. We had a very successful program called Double Up Bucks in Michigan. There have been programs in other places. I hope you will be looking to these successes in our country as you put together the best practices for the incentive programs. I am looking very much forward to working with you on these new opportunities for people who are using food assistance programs have the opportunity for healthy food purchases through farmers markets and so on. Very, very important. So Senator Cochran. Senator Cochran. Madam Chairman, thank you. Mr. Secretary, as you are aware, cotton producers are transitioning to a safety net known as the Stacked Income Protection Plan. It is based on crop insurance. Because this plan will not be available to producers before the 2015 crop year, the Farm Bill provides transition assistance for upland cotton producers using their 2013 cotton base acres. When do you expect the department to hold sign-ups for cotton transition assistance? Secretary Vilsack. This summer, Senator, with payments this fall. Senator Cochran. Any specific dates in there? Summer is a big season in Mississippi. Secretary Vilsack. Senator, I do not have a specific date but we will do our best to get you specific information, but obviously we understand the importance of these transition payments and we want to make sure we get them out. Senator Cochran. The timeliness is important because of our observations about the weather. Mr. Secretary, conservation programs underwent significant changes during consideration of the Farm Bill. Programs such as the Wildlife Habitat Incentive Program and the Wetlands Reserve Program are maintained but consolidated into programs with similar functions and purposes. It has come to my attention that the Natural Resources Conservation Service has incurred a significant backlog in restoration costs from prior-year enrollments of the Wetlands Reserve Program. How will the department address this specific situation as it implements a new consolidated easement program, and what impacts do you expect from merging the Wildlife Habitat Incentive Program into the Environmental Quality Incentives Program? How do you envision USDA implementing the funding allocation for wildlife practices? Secretary Vilsack. Senator, that is a number of questions that I want to make sure that we get you a full and detailed answer to. Let me give you sort of a 50,000-foot answer. We did recently announce the easement program and the wetlands restoration effort, and I think one of the things that will do in terms of processing is it is going to equip the state folks with a little bit more flexibility and power to make decisions which should make it easier and less time- consuming than in the past. They can now evaluate what they think their needs are relative to easements and wetland restoration and be able to allocate resources accordingly. So, that should shorten the amount of time it takes to get decisions made and resources to producers. In terms of the overall relationship of various programs, I think it is important to point out that this Farm Bill is historic in terms of conservation. For the first time I believe in the history of Farm Bills, the amount of money allocated to conservation programs generally currently exceeds the amount that will likely be spent on some of the safety net programs. That is a change. I think what we are now seeing is conservation in essence being part of that safety net, and I think it is important that we be as thoughtful and as strategic with these conservation dollars as we possibly can, and I like the balance you all struck in this bill with the regional partnerships that gives us leverage opportunity. With the remaining EQIP resources and the CSP resources we can individualize. We can focus on efforts as we have with endangered species to provide greater certainty and use tools in conservation to encourage sister agencies to provide regulatory certainty. We can use conservation resources to create new opportunities for private sector investment in conservation. We are going to see over time the ability to quantify, measure, and verify conservation results which will allow regulated industries that need those environmental results to be able to obtain them not by building great infrastructure, but by investing in private land conservation which creates a whole new vista of income opportunities. Utilizing the resources of conservation is all about soil, water, and air but it is also about how we leverage, how we multiply the economic impact of conservation so that it becomes a tool of rebuilding a rural economy. That is the instruction and direction I had given to our NRCS folks is to be creative about this and I think the tools that you all have given us, I think it is a great day for conservation, I really do. Senator Cochran. Madam Chair, I appreciate very much the candor and the full explanation the Secretary has given us on these subjects. I admire and praise you for your initiatives in the environmental area and conservation. These topics are very important to many of our states, mine included. So thank you. We look forward to working with you to help ensure that funding is available to do these things that we had hoped the Farm Bill authorized. Thank you. Chairwoman Stabenow. Well, thank you, Senator Cochran. I know how important conservation is and what a key role you have played in this. Mr. Secretary, thank you very much. You can tell from the attendance this morning and the questions our top priority is implementation of the Farm Bill. We spent way too long getting to this point and are very, very pleased with the work you are doing. We know you have all hands on deck as you are moving forward and we commit to work with you as well. Getting this implemented in it's entirety is the top priority for me and for all of our Committee doing this the right way under the legislative intent of the Farm Bill obviously is something we are committed to and we know you are as well. Secretary Vilsack. Madam Chair, if I could just thank you for the opportunity today to report. We will continue obviously to do that but you mentioned the Food Insecurity Pilot Program which is of importance to you. Our food and nutrition consumer services will be working with the National Institute of Food and Agriculture that is in the business of providing grants, to work collaboratively. We expect the initial solicitation to be in the fall. We fully understand and appreciate those who have had experience in this area before need to be drawn on. But we also want them to maybe bring on some new participants in this area so that this effort can grow. We are excited about the opportunity. We are going to try to use these resources that you provided creatively. Chairwoman Stabenow. That is terrific, and I know there is interest in partnering or mentoring between those who have done this before and those who want to do it. There is really some opportunity I think to be creative in this space. I appreciate your doing that. Secretary Vilsack. Absolutely. Chairwoman Stabenow. For the Committee members, any additional questions for the record should be submitted to the Committee clerk five business days from today. That is by five p.m. on Wednesday, May 14. Without any further questions, the meeting is adjourned. [Whereupon, at 11:24 a.m., the Committee was adjourned.] ======================================================================= A P P E N D I X MAY 7, 2014 ======================================================================= [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ======================================================================= DOCUMENTS SUBMITTED FOR THE RECORD MAY 7, 2014 ======================================================================= [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ======================================================================= QUESTIONS AND ANSWERS MAY 7, 2014 ======================================================================= [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [all]