Idaho Delegation Applauds Trump Administration Rewrite on Water Policy

EPA and Corps finalize new rule on WOTUS giving farmers and ranchers clarity

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) announced the final rule for the Navigable Waters Protection Rule. The rule provides clarity to the federal-state partnership for the definition of “waters of the United States” (WOTUS) under the Clean Water Act. The rule responsibly outlines the jurisdiction of federal, state, and local authorities and appropriately respects states like Idaho that have robust state agencies like the Department of Environmental Quality. 

“Today’s announcement by the EPA will rebalance the relationship between the federal government and state and local on-the-ground experts for effective and environmentally-sound water quality management policies,” said Senator Crapo.  “President Trump’s Administration has taken decisive action on limiting federal overreach, and has brought regulatory certainty to Idaho farmers, ranchers and businesses who have been impacted by the old WOTUS definition.”

“After years of overreach and uncertainty, Idaho’s farmers, ranchers, and landowners will finally have a rule that doesn’t confuse truly navigable waters with ditches and puddles,” said Senator Jim Risch. “I applaud President Trump’s work to roll back this egregious overstep by the Obama administration and empower states to manage and protect their natural resources.”

“During the last Administration, I heard consistent concerns from farmers, ranchers, small businesses, governors, and many others about the extremely broad definition of ‘waters of the United States’ under the Clean Water Act,” said Congressman Mike Simpson. “During Congressional hearings and meetings in my office, I received no clarity between federal and state jurisdiction over which waters were regulated by who. That is why I am pleased the EPA and the Corps took note of those concerns and rewrote the rule in a way that maintains critical protections under the Clean Water Act, while also appropriately delegating state and local jurisdictions in charge of regulating smaller bodies of water, as the law was intended. I have great confidence in the State of Idaho given their experience and increased responsibility with State primacy.”

“The Obama Administration's Waters of the United States (WOTUS) rule was the definition of federal overreach and an attempt to control Idaho’s waterways. As I’ve followed water policy during my tenure in the Idaho state legislature, I understand that federal mandates do not work for Idahoans." said Congressman Russ Fulcher. “I commend the Trump Administration for keeping their promise and reestablishing the appropriate state authority in relation to the Clean Water Act. This new rule will help Idaho farms, businesses, and other job creators so our state can continue to thrive as an economic leader in our nation.”

The rule is welcome news in Idaho after many diverse stakeholders weighed in during the last Administration with concerns. The Idaho Delegation had been a key proponent  of a rewrite of the rule to more responsibly reflect the role of state and local jurisdictions.

Simpson Praises President’s Message to Unify our Nation

Idaho Congressman Mike Simpson released the following statement following President Trump’s State of the Union address.

“The President covered a lot of ground, largely discussing the robust economy we all enjoy. This stimulated economy wasn’t by accident, it came from implementing tax reform, trade policies, and by reducing onerous federal regulations. President Trump worked tirelessly to ensure USMCA was signed into law and under this new and improved trade deal, U.S. agricultural exports alone are expected to increase by more than $2 billion annually, further helping our economy. President Trump has been a leader on these economic drivers, and I applaud his Administration for their efforts.

“In Idaho, we have a record low unemployment rate of 2.7 percent and our strong economy is benefiting greatly by reducing overreaching federal regulations. Less than two weeks ago, I joined many of my colleagues and the Administration announcing the new rule concerning the Waters of the United States.  For almost a decade I’ve heard concerns from farmers, ranchers, small businesses, governors, and many others about the extremely broad definition of ‘waters of the United States’ under the Clean Water Act. This Administration took note of those concerns and rewrote the rule in a way that maintains critical protections under the Clean Water Act, while also appropriately delegating state and local jurisdictions in charge of regulating smaller bodies of water, as the law was intended.

“Once again President Trump laid out several bipartisan goals; addressing our countries infrastructure needs, educational needs by offering vocational and technical education in high school, lowering the costs of prescription drugs, and covering pre-existing conditions.

“Despite being the target of impeachment talk since the very beginning of his term, he has seated two accomplished U.S. Supreme Court Justices, secured a bipartisan budget deal, enacted historic tax cuts and reforms, negotiated a better deal for the United States with the USMCA, reduced illegal border crossings, and rebuilt our military, not to mention the benefits of a consistently strong and growing economy—something ALL Americans currently enjoy.  I hope tomorrow marks the end of partisan fights and the beginning of bipartisan governing so we can continue the strong positive momentum in our great nation.”

Committee Schedule

Tuesday

At 9:00 a.m., the House Interior and Environment Subcommittee on Appropriations will hold a hearing with American Indian and Alaska Native Public Witnesses.  

Wednesday

At 9:00 a.m., the House Interior and Environment Subcommittee on Appropriations will hold a hearing with American Indian and Alaska Native Public Witnesses. 

 Floor Schedule

MONDAY, FEBRUARY 10TH
On Monday, the House will meet at 12:00 p.m. for morning hour and 2:00 p.m. for legislative business. Votes will be postponed until 6:30 p.m.

Legislation Considered Under Suspension of the Rules:

1) H.R. 1494 - Historically Black Colleges and Universities (HBCUs) Homeland Security Partnerships Act, as amended (Sponsored by Rep. Bennie Thompson / Homeland Security Committee)

2) S. 2107 - Protecting America’s Food and Agriculture Act of 2019 (Sponsored by Sen. Gary Peters / Homeland Security Committee)

3) H.R. 5273 - Securing America’s Ports Act (Sponsored by Rep. Xochitl Torres Small / Homeland Security Committee)

4) H.R. 3413 - DHS Acquisition Reform Act of 2019 (Sponsored by Rep. Dan Crenshaw / Homeland Security Committee)

5) H.R. 504 - DHS Field Engagement Accountability Act, as amended (Sponsored by Rep. Don Bacon / Homeland Security Committee)

6) H.R. 2932 - Homeland Security for Children Act, as amended (Sponsored by Rep. Donald Payne / Homeland Security Committee)

7) H.R. 4737 - Department of Homeland Security Climate Change Research Act, as amended (Sponsored by Rep. Yvette Clarke / Homeland Security Committee)

8) H.R. 4432 - Protecting Critical Infrastructure Against Drones and Emerging Threats Act (Sponsored by Rep. Cedric Richmond / Homeland Security Committee)

9) H.R. 4753 - Drone Origin Security Enhancement Act (Sponsored by Rep. Dan Crenshaw / Homeland Security Committee)

TUESDAY, FEBRUARY 11TH AND THE BALANCE OF THE WEEK
On Tuesday and Wednesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business.

On Thursday, the House will meet at 9:00 a.m. for legislative business. Last votes expected no later than 3:00 p.m. 

On Friday, no votes are expected in the House.

Legislation Considered Under Suspension of the Rules:

1) H.R. 1980 - Smithsonian Women's History Museum Act (Sponsored by Rep. Carolyn Maloney / House Administration Committee)

H.R. 2546 - Protecting America's Wilderness Act of 2019 (Subject to a Rule) (Sponsored by Rep. Diana DeGette / Natural Resources Committee)

H.J.Res. 79 - Removing the deadline for the ratification of the equal rights amendment (Subject to a Rule) (Sponsored by Rep. Jackie Speier / Judiciary Committee)

H-2A workforce crucial to Idaho farmers

In Canyon County alone, farmers employed around 1,100 H-2A workers last year, up from about 30 in 2014.

By: Rachel Spacek, ktvb.com, February 5, 2020

NAMPA, Idaho — With a state unemployment rate under 3%, more Idaho farmers are utilizing the H-2A Temporary Agricultural Workers program.

In Canyon County alone, the Idaho Press reports farmers employed around 1,100 H-2A workers last year, up from about 30 in 2014, according to the Idaho Department of Labor.

The H-2A Temporary Agriculture Workers program, which allows employers to bring in workers from outside the U.S. to fill seasonal agriculture jobs, was the topic of the Nampa Chamber of Commerce Agriculture Forum in Nampa on Tuesday. 

In a panel discussion between Jose DeLeon, senior workforce consultant with the Idaho Department of Labor, Michelle Gooding, president of the Idaho Hop Growers Association, and Rick Naerebout, CEO of the Idaho Dariymen's Association, panelists addressed questions about the H-2A program and Naerebout talked about his role in an approved House Bill that would expand the H-2A program.

"There are 2.4 million agriculture workers in the U.S., and if you go the Department of Labor, statistics show 46% of them are here without status," Naerebout said. "That is half of every plate of food that you consume, that is brought to you by an undocumented worker. That is a staggering number that we have over 1 million workers here in agriculture without status. As a country we are that dependent on this workforce and these individuals."

Katie Hebdon, the Nampa FFA Chapter president, and winner of the FFA student speech competition, gave a speech to the crowd, where she echoed Naerebout, saying that in Idaho, about 40% of Idaho's the agriculture labor force consists of immigrants, regardless of status.

US RESIDENTS AND AG JOBS

DeLeon addressed the common concern around hiring workers from outside the U.S., that it takes jobs away from Americans who need them. He said the Department of Labor had only five applications from U.S. residents for the more than 1,000 agriculture jobs posted last year. 

"There is no way you could fill those positions without the H-2A program," he said.

Gooding, who grows hops on a farm between Parma and Wilder, said her farm uses H-2A workers to "fill a void on the farm." 

Gooding said in Idaho, there are around 8,300 acres of hops, that mostly are harvested by H-2A program workers.

"There are a few smaller farms that don't use the program, but majority do. Without the program, it would be catastrophic," Gooding said.

She said that the quality of product would decrease because hops must be harvested within a certain time frame. She said last year, with H-2A workers, her 1,000-acre hop farm had 20% increase in production and cut five days off of the harvest.

Naerebout said the average dairyman, who is not eligible to participate in the H-2A program, is short 10% of his workforce.

"They are scrambling, getting creative, asking workers to work extra shifts," Naerebout said. "They are not in a position where they are comfortable with their workforce in the field."

UNDOCUMENTED WORKERS PAY PAYROLL TAXES

Narerebout addressed another common talking point in the national immigration debate around how undocumented immigrant workers are taxed.

He said that farmers and ranchers who employ H-2A workers do not know who is documented and who is not.

"Nearly every dairyman I know uses QuickBooks and is paying payroll tax," he said. "There is no cash paid under the table."

He said if Idaho dairies employ 4,000 undocumented workers, out of 8,000 total workers, that is about $22 million paid under Federal Insurance Contributions Act by Idaho's dairymen and their dairy employees.

Undocumented workers often use fake Social Security numbers that do not match their names, but the fake numbers are good for paying taxes, so the Social Security Administration collects their taxes, but the workers will likely never touch their Social Security contributions.

"I am pretty sure we are starting to figure out how that Social Security system is working right now and how it hasn't gone bankrupt," Naerebout said. 

FARM WORKFORCE MODERNIZATION ACT

In December, the U.S. House of Representatives passed the Farm Workforce Modernization Act, that would provide undocumented agricultural workers a path to legal status and would allow dairymen to utilize H-2A program workers. 

The reason why dairies are not eligible for the worker program, is because they are a year-round operation and the current program applies to seasonal agriculture work. 

The bill, that Idaho GOP Rep. Mike Simpson has championed, would open dairies up to the program and allow eligible immigrant workers an eventual path to legal permanent residency in the U.S. It also would ensure employers use the federal government’s E-Verify system to confirm workers’ legal eligibility.

The Idaho Dairymen's Association has been a vocal sponsor of the bill, though Naerebout said its leaders are waiting until after the primary election when some Senate seats are up for reelection. 

"It has to be a bipartisan bill, we need to get both Republicans and Democrats signing onto this bill," he said, adding that he is expecting it to be a challenge.

To share comments, opinions, or questions with Congressman Simpson, please visit http://www.house.gov/simpson/emailme.shtml.