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I:\MY DOCS\Hearings 115\Hearings\115-77 H.R. lll , THE FARM REGULATORY CERTAINTY ACT HEARING BEFORE THE SUBCOMMITTEE ON ENVIRONMENT OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION NOVEMBER 9, 2017 Serial No. 115–77 ( Printed for the use of the Committee on Energy and Commerce energycommerce.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 28–379 WASHINGTON : 2019 VerDate Nov 24 2008 11:53 Jan 09, 2019 Jkt 037690 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 I:\MY DOCS\HEARINGS 115\HEARINGS\115-77 CHRIS COMMITTEE ON ENERGY AND COMMERCE GREG WALDEN, Oregon Chairman JOE BARTON, Texas FRANK PALLONE, JR., New Jersey Vice Chairman Ranking Member FRED UPTON, Michigan BOBBY L. RUSH, Illinois JOHN SHIMKUS, Illinois ANNA G. ESHOO, California MICHAEL C. BURGESS, Texas ELIOT L. ENGEL, New York MARSHA BLACKBURN, Tennessee GENE GREEN, Texas STEVE SCALISE, Louisiana DIANA DEGETTE, Colorado ROBERT E. LATTA, Ohio MICHAEL F. DOYLE, Pennsylvania CATHY MCMORRIS RODGERS, Washington JANICE D. SCHAKOWSKY, Illinois GREGG HARPER, Mississippi G.K. BUTTERFIELD, North Carolina LEONARD LANCE, New Jersey DORIS O. MATSUI, California BRETT GUTHRIE, Kentucky KATHY CASTOR, Florida PETE OLSON, Texas JOHN P. SARBANES, Maryland DAVID B. MCKINLEY, West Virginia JERRY MCNERNEY, California ADAM KINZINGER, Illinois PETER WELCH, Vermont H. MORGAN GRIFFITH, Virginia BEN RAY LUJA´ N, New Mexico GUS M. BILIRAKIS, Florida PAUL TONKO, New York BILL JOHNSON, Ohio YVETTE D. CLARKE, New York BILLY LONG, Missouri DAVID LOEBSACK, Iowa LARRY BUCSHON, Indiana KURT SCHRADER, Oregon BILL FLORES, Texas JOSEPH P. KENNEDY, III, Massachusetts SUSAN W. BROOKS, Indiana TONY CA´ RDENAS, CaliforniaL RUIZ, MARKWAYNE MULLIN, Oklahoma California RICHARD HUDSON, North Carolina SCOTT H. PETERS, California CHRIS COLLINS, New York DEBBIE DINGELL, Michigan KEVIN CRAMER, North Dakota TIM WALBERG, Michigan MIMI WALTERS, California RYAN A. COSTELLO, Pennsylvania EARL L. ‘‘BUDDY’’ CARTER, Georgia JEFF DUNCAN, South Carolina SUBCOMMITTEE ON ENVIRONMENT JOHN SHIMKUS, Illinois Chairman DAVID B. MCKINLEY, West Virginia PAUL TONKO, New York Vice Chairman Ranking Member JOE BARTON, Texas RAUL RUIZ, California TIM MURPHY, Pennsylvania SCOTT H. PETERS, California MARSHA BLACKBURN, Tennessee GENE GREEN, Texas GREGG HARPER, Mississippi DIANA DEGETTE, Colorado PETE OLSON, Texas JERRY MCNERNEY, California BILL JOHNSON, Ohio TONY CA´ RDENAS, California BILL FLORES, Texas DEBBIE DINGELL, Michigan RICHARD HUDSON, North Carolina DORIS O. MATSUI, California KEVIN CRAMER, North Dakota FRANK PALLONE, JR., New Jersey (ex TIM WALBERG, Michigan officio) EARL L. ‘‘BUDDY’’ CARTER, Georgia GREG WALDEN, Oregon (ex officio) (II) VerDate Nov 24 2008 11:53 Jan 09, 2019 Jkt 037690 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 I:\MY DOCS\HEARINGS 115\HEARINGS\115-77 CHRIS C O N T E N T S Page Hon. John Shimkus, a Representative in Congress from the State of Illinois, prepared statement .............................................................................................. 1 Hon. Paul Tonko, a Representative in Congress from the State of New York, opening statement ................................................................................................ 2 Hon. Frank Pallone, Jr., a Representative in Congress from the State of New Jersey, prepared statement ........................................................................ 67 WITNESSES Hon. Dan Newhouse, a Representative in Congress from the State of Wash- ington .................................................................................................................... 4 Prepared statement .......................................................................................... 6 Hon. Jim Costa, a Representative in Congress from the State of California ..... 9 Prepared statement .......................................................................................... 11 Dan Wood, Executive Director, Washington State Dairy Federation ................. 14 Prepared statement .......................................................................................... 16 Answers to submitted questions ...................................................................... 121 Amy Romig, Partner, Plews Shadley Racher & Braun, LLP ............................... 19 Prepared statement .......................................................................................... 21 Answers to submitted questions ...................................................................... 126 Jessica Culpepper, Food Project Attorney, Public Justice .................................... 33 Prepared statement 1 ........................................................................................ 35 Answers to submitted questions 2 ................................................................... 131 Lynn Utesch, Founder, Kewaunee Citizens Advocating Responsible Environ- mental Stewardship ............................................................................................. 48 Prepared statement 3 ........................................................................................ 50 Answers to submitted questions 4 ................................................................... 154 SUBMITTED MATERIAL Statement of the U.S. Environmental Protection Agency .................................... 69 Statement of Adaptive Seeds .................................................................................. 71 Statement of over 1,400 farmers, ranchers, business owners, health experts, communities, and public interest groups ........................................................... 74 Statement of Estela Garcia ..................................................................................... 95 Statement of Friends of Toppenish Creek ............................................................. 97 Statement of Gloria Herrera ................................................................................... 99 Statement of the Natural Resources Defense Council .......................................... 101 Statement of the Rural Empowerment Association for Community Help .......... 103 Statement of Community Association for Restoration of the Environment ........ 105 Statement of The Guardians of Grand Lake St. Marys ....................................... 107 Statement of The Johns Hopkins Center for a Livable Future ........................... 112 (III) VerDate Nov 24 2008 11:53 Jan 09, 2019 Jkt 037690 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 I:\MY DOCS\HEARINGS 115\HEARINGS\115-77 CHRIS IV Page Statement of Washington State public interest groups ........................................ 117 1 The attachments to Ms. Culpepper’s statement can be found at: https:// docs.house.gov/meetings/if/if18/20171109/106603/hhrg-115-if18-wstate- culpepperj-20171109.pdf.. 2 The attachments to Ms. Culpepper’s answers can be found at: https:// docs.house.gov/meetings/if/if18/20171109/106603/hhrg-115-if18-wstate- culpepperj-20171109-sd006.pdf. 3 The attachments to Mr. Utesch’s statement can be found at: https:// docs.house.gov/meetings/if/if18/20171109/106603/hhrg-115-if18-wstate- uteschl-20171109.pdf. 4 The attachments to Mr. Utesch’s answers can be found at: https:// docs.house.gov/meetings/if/if18/20171109/106603/hhrg-115-if18-wstate- uteschl-20171109.pdf. VerDate Nov 24 2008 11:53 Jan 09, 2019 Jkt 037690 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 I:\MY DOCS\HEARINGS 115\HEARINGS\115-77 CHRIS H.R. —————, THE FARM REGULATORY CERTAINTY ACT THURSDAY, NOVEMBER 9, 2017 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON ENVIRONMENT, COMMITTEE ON ENERGY AND COMMERCE Washington, DC. The subcommittee met, pursuant to call, at 10:13 a.m., in room 2322, Rayburn House Office Building, Hon. John Shimkus (chair- man of the subcommittee) presiding. Present: Representatives Shimkus, McKinley, Blackburn, Har- per, Flores, Hudson, Cramer, Carter, Tonko, Ruiz, Peters, McNer- ney, Pallone (ex officio). Staff Present: Allie Bury, Legislative Clerk, Energy/Environ- ment; Jordan Haverly, Policy Coordinator, Environment; A.T. John- ston, Senior Policy Advisor, Energy; Mary Martin, Chief Counsel, Energy/Environment; Alex Miller, Video Production Aide and Press Assistant; Tina Richards, Counsel, Environment; Dan Schneider, Press Secretary; Jacqueline Cohen, Minority Chief Environment Counsel; Rick Kessler, Minority Senior Advisor and Staff Director, Energy and Environment; Alexander Ratner, Minority Policy Ana- lyst; and Catherine Zander, Minority Environment Fellow. Mr. SHIMKUS. We are going to call this subcommittee to order. And in the interest of time, I am going to not do my opening state- ment, and I will submit that for the record. [The prepared statement of Mr. Shimkus follows:] PREPARED STATEMENT OF HON. JOHN SHIMKUS The Subcommittee will now come to order. I want to thank our witnesses for joining us today—especially my colleagues from Washington and California. The Discussion Draft that we are considering today is an outgrowth of Mr. Newhouse’s bill, H.R. 848. I want to mention that even though they were not able to send someone today to present testimony in person, the Environmental Protection Agency provided a written statement to be included in our hearing record. [I seek unanimous consent to enter EPA’s statement into the record. So ordered]. The Agency has also agreed to taken written questions from Members for our hearing record. I now recognize myself for 5 minutes for giving an opening statement. Today, we consider the intersection of our environmental laws with modern agri- culture.
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