OFAN Policy Alert - February 26, 2009

The USDA recently released their Interim Final Rule (IFR) for the Environmental Quality Incentives Program (EQIP). USDA was directed by Congress in the 2008 Farm Bill to make EQIP more inclusive of organic agriculture practices – including implementing a new provision that assists farmers converting to organic farming systems and rewarding the conservation benefits of organic farming. However, USDA fell far short of meeting this directive in their IFR.

The public now has until March 16th to send comments to USDA regarding the EQIP Interim Final Rule. Please send your comments in by March 16th, 2009 – urge the USDA to make the following changes to the Final Rule for EQIP (scroll down for instructions on how to submit comments and background information):

Acknowledge organic agriculture as a new National Priority for the Environmental Quality Incentives Program (EQIP), as mandated by Congress in the 2008 Farm Bill. The Chief of NRCS should issue a Directive to all State Conservationists reinforcing this change.

Clarify that the $80,000 cap for Organic Conversion Support contracts applies only to organic conversion plans, and does not cover all organic operations applying to EQIP. Also, clarify that the regular cap of $300,000 applies to organic operators who are not seeking conversion support.

Ensure that Organic Conversion Support is available in all 50 states.

Ensure that Organic Conversion Support applications are ranked and processed as a separate subcategory.

How to Submit Comments
Include “Docket Number NRCS– IFR–08005” at the top of your correspondence or in the subject line of your email.

Mail to:
Financial Assistance Programs Division
U.S. Department of Agriculture
Natural Resources Conservation Service
1400 Independence Avenue, SW.
Room 5237S
Washington, DC 20250-2890.

Online instructions:
1. Go to www.regulations.gov.
2. Type “Environmental Quality Incentives Program” into the search bar and click “go”. Several results will be displayed on the next screen. The result with Document ID number "CCC_FRDOC_0001-0065" is the Interim Final Rule for EQIP.
3. Click on “Send a Comment or Submission” and follow the instructions on the next screen. If you want to read the text of the Interim Final Rule, click on either the PDF or HTML icon next to “View this Document.”

Let us know if you submit comments! Email Tracy Lerman, Policy Organizer: tracy@ofrf.org.

Background
In the 2008 Farm Bill, Congress directed the USDA Natural Resources Conservation Service (NRCS) to change the Environmental Quality Incentives Program in several ways that benefit organic growers and those transitioning to organic. NRCS was directed to create a program within EQIP that provides financial and technical assistance to growers converting to organic. Additionally, NRCS was directed to make organic agriculture a new National Priority for EQIP and to recognize the conservation benefits of organic systems.

NRCS released their Interim Final Rule, or IFR, on January 16th, 2009. Because it is an Interim Final Rule, it went into effect immediately, but the public has 60 days, until March 16th, 2009, to submit comments to NRCS on the IFR. After March 16th, the IFR becomes a Final Rule.

It is crucial that farmers submit comments to NRCS on the EQIP IFR. NRCS fell far short in incorporating organic into EQIP when they wrote the IFR. Specifically, NRCS failed to do the following:

1. The IFR does not recognize the Congressional mandate, in section 2501 (4) of the 2008 Farm Bill, to make organic agriculture a new National Priority for EQIP. The IFR should acknowledge this mandate, and the Chief of NRCS should issue a Directive to all State Conservationists reinforcing this change.

2. The IFR appears to limit all organic operators to the $80,000 cap that applies to the Organic Conversion Support provision, even though the cap is only applicable for Organic Conversion Support contracts. The Final Rule should clarify that the regular cap of $300,000 applies to organic operators who are not seeking conversion support. Furthermore, the Final Rule should ensure that applications from organic operations could be recognized as providing “extraordinary conservation benefits” and thus eligible for waiver of the $300K limit.

3.The IFR does not require that the new EQIP provision providing assistance for organic conversion be available to growers in all fifty states. The Final Rule should mandate that it be offered in every state.

4. There is no language in the IFR that requires the ranking and processing of Organic Conversion Support applications as a separate subcategory. Applications for conversion support should be ranked only against one another.