Radanovich: President Trump Needs to Enact Immigration Reform

Congress Will Not and Cannot Do it Alone, Radanovich Says

By Hannah Young, Associate Editor

The future does not seem bright for California farmers who are desperately searching for labors to harvest crops. California Ag Today spoke with George Radanovich, president of the California Fresh Fruit Association and former U.S Congressman, about the need for immigration reform.

George Radanovich

Radanovich spent 16 years in Washington, D.C, and from his experience is not convinced that Congress alone will make immigration reform right for California farmers.

“I think that we need to get to President Trump and suggest that he intervene by direct talks with Mexico and create a system that will not leave our farmers high and dry,” Radanovich said.

In order to assure that farmers have enough labor for harvest, immigrants should be allowed to stay in the country as long as they are working during the time the government is implementing a new system, affirming border control, and e-verifying immigrants, Radanovich explained.

However, getting a system of this type will be tough to get past Congress due to a large portion feeling that every farmer worker is probably illegal and needs to go back to Mexico or any other foreign country.

“They don’t get it because they don’t live here, most of them, so they don’t understand how the system works,” Radanovich concluded.

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Interior Dept: Water Grab at New Melones Devastating for Central Valley

Comments Come After Secretary of the Interior’s Visit

News Release from the Office of Rep. Jeff Denham

Following Secretary of the Interior Ryan Zinke’s visit to Don Pedro and New Melones Reservoirs at the request of U.S. Representative Jeff Denham (R-Turlock), the Department of Interior issued an official comment on Friday regarding the State Water Resources Control Board’s proposed water grab.

The Department of Interior’s comment notes that the proposed water grab “directly interfere[s] with the New Melones Project’s ability to store water” and “elevate[s] the Project’s fish and wildlife purposes over the Project’s irrigation and domestic purposes contrary to the prioritization scheme carefully established by Congress.” Interior’s comment also specifies that siphoning off at least 40 percent of Central Valley’s rivers during peak season would result in significant reductions in water storage at New Melones and result in diminished power generation as well as recreational opportunities. DOI recommends the Board reconsider and postpone the scheduled August 21-22 public meeting to allow for “additional due diligence and dialogue.”

Rep. Jeff Denham, photo courtesy of his Facebook page

“Sacramento’s radical water grab would cripple the Central Valley’s economy, farms and community.  Secretary Zinke saw that when he visited New Melones and Don Pedro reservoirs with me last week,” Denham said. “They cannot drain our reservoirs and ignore our concerns.  I will continue fighting to make sure Central Valley voices are heard.”

“Under Sacramento’s plan, the Valley will suffer skyrocketing water and electricity rates.” Denham explained. “After a decade and millions of our money spent on a study that they required, the board ignored the science based proposal that would save our fish while preserving our water rights.  We will not allow them to take our water and destroy our way of life”

Last week, Denham’s amendment to stop the state’s dangerous water grab passed the U.S. House of Representatives as part of a Department of the Interior appropriations bill, and put a major spotlight on this issue. The amendment, currently awaiting a vote in the Senate, prohibits federal agencies from participating in the state’s plan to deplete the federally owned New Melones reservoir, which provides water for the Central Valley Project and generates hydropower. Sacramento’s plan would drain significantly more water from New Melones each year, potentially leaving it completely dry some years. This would put in jeopardy critical water supplies for Central Valley farmers and communities who rely on the water for their homes, businesses, farms, and electric power. The amendment takes this issue head-on to protect Valley water.

Denham will continue fighting to protect Central Valley water, support science-driven river management plans that revitalize our rivers without recklessly wasting water, and push major policies like the New WATER Act that will solve California’s water storage crisis and keep the Valley fertile and prosperous for generations to come.

To read the full comment from the Department of the Interior, click here. For more information about what Denham is doing to fight for water in the Valley, visit www.Denham.house.gov/water, where you can also sign up to receive periodic updates on his work in Washington to improve local water infrastructure, storage and delivery.

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Agricultural Guestworker Act Won’t Help California

Proposed Legislation Long Way from What State Needs

By Joanne Lui, Associate Editor

Virginia Congressman Bob Goodlatte’s Agricultural Guestworker Act is moving forward for the full Ag Committee to consider it, but according to Paul Wenger, President of the California Farm Bureau Federation, it’s a long way from what California needs.

“They did something with the H2C proposal. It’s a long, long, long ways from what we need here in California. We’ve been very clear on that … with Kevin McCarthy’s office, being the leader of the Republicans and really our key architect for all things that go through the Legislature, and so we’re in constant contact with Congressman McCarthy,” Wenger said.

The ag leaders in California are pretty astounded that Congress is doing anything about labor.

“We’re glad we finally got something to discuss, but there’s a long ways to go,” Wenger explained. “As it’s written, as it came through the subcommittee, there’s really nothing there that would work for our employees here in California and give us the kind of flexibility that we need, but we need a vehicle to start the discussion. … Talking to Congressman [David] Valadao’s office, Jeff Denham and others on the Republican side because it’s really got to be led by the Republicans.”

“We  now need a lot more that will allow for some portability of our workforce, in order to get legal documentation for those folks that don’t have good documentation that are already here in our state working without touchback, because we know folks aren’t going to go back and stand in line for 20 years waiting for some kind of a work authorization.”

 

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Senate Tells Gov. Agencies to Back Off WOTUS Rule

U.S. Senate Tells EPA/Army Corps to Back Off Farmers re: WOTUS Clean Water Act

 

Edited by California Ag Today Staff

 

A report issued TODAY by a U.S. Senate committee documents how federal agencies overreach their authority to regulate farmland, according to the California Farm Bureau Federation (CFBF), which said the report underlines the need for congressional action to reform the agencies’ practices, particularly regarding the WOTUS Rule.

The report from the Senate Environment and Public Works Committee describes numerous incidents in which the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency have tried to expand their authority to regulate what crops farmers grow and how they grow them, based on the agencies’ interpretation of the Clean Water Act.

“A disturbing number of the cases described in the Senate report came from California,” CFBF President Paul Wenger said. “Farmers and ranchers here have seen firsthand that the abuses outlined in this report aren’t theoretical—they’re real.”

One case in California is particularly troublesome. The U.S. Army Corps of Engineers (Corps) ordered John Duarte, a farmer and nurseryman to cease farming his land after he plowed 4-7 inches deep to plant a wheat crop in his field. Duarte, in turn, filed a lawsuit to vindicate his right to farm his land. The U.S. Department of Justice fired back with a countersuit.John Duarte WOTUS

Duarte has spent over $1 million in legal fees to date, yet the government is seeking $6-8 million in fines and “wetland credits.” Duarte now faces a costly appeal and legal battle, the outcome of which will set precedence on important issues affecting farmers and ranchers nationwide.

Landowners’ concerns stem from a rule the agencies finalized last year, known as the “Waters of the United States” or WOTUS rule, which would bring more waterways under the jurisdiction of the Clean Water Act. Although a federal court has temporarily halted enforcement of the WOTUS rule, landowners and their representatives say the Corps continues to enforce the act so narrowly that, as a practical matter, its actions mirror the intent of the new rule.

“We’re grateful the Senate committee has highlighted the impact on farmers and ranchers caused by overzealous interpretation of the Clean Water Act,” Wenger said. “Farmers and ranchers want to do the right thing and protect the environment as they farm. But they shouldn’t be tied up in knots by regulators for simply plowing their ground or considering a new crop on their land, and they shouldn’t have their land declared off limits if they must leave it idle due to drought or other conditions beyond their control.”

Wenger called on California Senators Barbara Boxer and Dianne Feinstein to join efforts to clarify Clean Water Act enforcement and reform agency practices. “Congress has the ability to restore balance to Clean Water Act enforcement,” said Wenger. “We urge our California members to help farmers grow food and protect the environment, free from fear of overreaching regulation.”

Details of Senate Statement

epa-logo-wotusU.S. Senator Jim Inhofe (R-Okla.), chairman of the Senate Environment and Public Works (EPW) Committee, released an EPW Majority Committee report titled “From Preventing Pollution of Navigable and Interstate Waters to Regulating Farm Fields, Puddles and Dry Land: A Senate Report on the Expansion of Jurisdiction Claimed by the Army Corps of Engineers and the U.S. Environmental Protection Agency under the Clean Water Act.”

The report releases findings from the majority staff’s investigation into how the Environmental Protection Agency (EPA) and the Army Corps of Engineers are interpreting and implementing their authority under the Clean Water Act.

“This new majority committee report demonstrates in detail that the EPA and the Army Corps of Engineers, under the Obama administration, are running rogue,” Inhofe said. “Case studies in this report show that the Obama administration is already asserting federal control over land and water based on the concepts they are trying to codify in the WOTUS rule, even though the courts have put that rule on hold. Congress shouldn’t wait on the Supreme Court to make the inevitable decision that this agency overreach is illegal.

“This report should be evidence enough that it’s time for Democrats and Republicans to work together rein in EPA and the Corps. Over the course of the past year, 69 Senators – a veto proof majority – have gone on the record about their grave concerns regarding the WOTUS rule. It’s time to come together to protect farmers, ranchers, water utilities, local governments, and contractors by giving them the clarity and certainty they deserve and stopping EPA and the Corps from eroding traditional exemptions.”

The report summarizes case studies that demonstrate the following:

EPA and the Corps have and will continue to advance very broad claims of jurisdiction based on discretionary authority to define their own jurisdiction.

The WOTUS rule would codify the agencies’ broadest theories of jurisdiction, which Justice Kennedy recently called “ominous.”

Landowners will not be able to rely on current statutory exemptions or the new regulatory exemptions because the agencies have narrowed the exemptions in practice and simply regulate under another name.

For example, the report highlights instances where if activity takes place on land that is wet: Plowing to shallow depths is not exempt when the Corps calls the soil between furrows “mini mountain ranges,” “uplands,” and “dry land;”

Disking is regulated even though it is a type of plowing:

Changing from one agricultural commodity constitutes a new use that eliminates the exemption; and puddles, tire ruts, sheet flow, and standing water all can be renamed “disturbed wetlands” and regulated.

On Tuesday, Inhofe delivered a copy of the report with a letter to 11 Senate Democrats who, in a letter on Nov. 3, 2015 to Gina McCarthy, administrator of the Environmental Protection Agency, and Jo-Ellen Darcy, assistant Secretary of the Army (Civil Works) on WOTUS, stated that: “Farmers, ranchers, water utilities, local governments, and contractors deserve clarity and certainty. Should the EPA not provide this clarity or enforce this rule in a way that erodes traditional exemptions, we reserve the right to support efforts in the future to revise the rule.”

In Inhofe’s letter to the 11 Senators, he said the new committee report should meet the test set forth in their Nov. 3 letter, and he called on the members to live up to their commitment and work with the committee on tailored legislation to end agency overreach.

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Several Key Industry Associations Urge Immigration Reform

The U.S. Chamber of Commerce yesterday urged Congress and the Administration to work together to enact immigration reform in order to drive job creation and economic growth.

The call came as part of the national ‘Day of Action’, which included events in Washington D.C. along with 25 other states.

Several key agricultural and economic industry groups also supported the proposal, including the Western Growers Association, Partnership for a New American Economy, American Farm Bureau Federation and AmericanHort.

The national press conference in the U.S. capital featured leading business association CEOs discussing the critical need for new legislation.

There was also a range of coordinated events throughout the country with state farm bureaus, local businesses and state representatives which aimed to show immigration laws in the business community needed to be modernized across industries, sectors and geographies.

In a release, U.S. Chamber of Commerce president and CEO Thomas J. Donohue said he strongly believed improvements were needed and he would continue to make the case for them.

“While our lawmakers are deadlocked on this issue, business leaders are more determined than ever to fix our immigration system,” Donohue said.

“We need meaningful immigration reform to revitalize our economy and to remain a nation ruled by law, guided by principle, and driven by compassion and common sense.

“We’re going to continue to make the case in the nation’s capital and in every corner of this country, and will use every tool and resource at our disposal. We’re not going to let up until the job gets done.”

Western Growers president and CEO Tom Nassif echoed Donohue’s remarks, adding many currently unauthorized immigrant workers were vital for the agricultural industry.

“The effect of inaction on immigration reform is devastating to the fresh produce industry and consumers. We rely on people to plant and harvest the nutritious and domestic supply of food for Americans and for export,” Nassif said.

“Many of these workers are unauthorized, but are willing and able to do the work. It’s been demonstrated many times that Americans won’t work in the fields, so why won’t our elected officials provide us the means to have a legal, reliable workforce?

If no solution is provided, production will continue to move overseas along with the jobs agriculture supports in rural communities across America.”

American Farm Bureau Federation president Bob Stallman also said the current laws were outdated and changes were needed for both farmers and the economy.

“As a nation, we can’t afford to continue with an immigration system we’ve long outgrown and is working more and more against our overall national interest,” he said.

“We urge Congress and the Administration to work together and with us to achieve real immigration reform that addresses the needs of farmers, the economy, as well as the country’s need for border security.”

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