The Courts Giveth – and The Courts Taketh Away
You’ll recall that recently a Texas District Court placed an injunction on the provisions of the Corporate Transparency Act and the need for filing a Beneficial Ownership Information form with the U.S. Department of Treasury’s Financial Crimes Enforcement Network. A last-minute court of appeals ruling has now put tens of thousands of farmers in the legal crosshairs for failing to register their businesses with the federal government.
American Farm Bureau Federation (AFBF) President Zippy Duvall expressed disappointment with the timing of the appeals court ruling. “Farm Bureau is very disappointed in the court of appeals decision to reinstate the Jan. 1 filing deadline,” said AFBF President Zippy Duvall. “It’s clear than many farmers aren’t aware of the filing requirement because of lack of guidance and the government’s poor public outreach.”
With the reversal of the 5th Federal Circuit Court of Appeals ruling, Limited Liability Corporations (LLC) and other businesses (including farms and ranches) who operate as limited partnerships, S or C corporations will need to file the Beneficial Ownership Information reports.
AFBF has provided this additional information on the deadlines for different companies:
- Reporting companies that were created or registered prior to January 1, 2024 have until January 13, 2025 to file their initial beneficial ownership information reports with FinCEN. (These companies would otherwise have been required to report by January 1, 2025.)
- Reporting companies created or registered in the United States on or after September 4, 2024 that had a filing deadline between December 3, 2024 and December 23, 2024 have until January 13, 2025 to file their initial beneficial ownership information reports with FinCEN.
- Reporting companies created or registered in the United States on or after December 3, 2024 and on or before December 23, 2024 have an additional 21 days from their original filing deadline to file their initial beneficial ownership information reports with FinCEN.
- Reporting companies that qualify for disaster relief may have extended deadlines that fall beyond January 13, 2025. These companies should abide by whichever deadline falls later.
- Reporting companies that are created or registered in the United States on or after January 1, 2025 have 30 days to file their initial beneficial ownership information reports with FinCEN after receiving actual or public notice that their creation or registration is effective.
- As indicated in the alert titled “Notice Regarding National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)”, Plaintiffs in National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)—namely, Isaac Winkles, reporting companies for which Isaac Winkles is the beneficial owner or applicant, the National Small Business Association, and members of the National Small Business Association (as of March 1, 2024)—are not currently required to report their beneficial ownership information to FinCEN at this time.
This link will provide you with the information to use in filing the required Beneficial Ownership Information form: fincen.gov/boi
Farm Bureau Applauds Congressional Action To Support Emergency Funding
American Farm Bureau Federation (AFBF) President Zippy Duvall offered his comments on the completed passage of the Continuing Resolution to pass the funding from preventing a government shutdown and provide funding for support of agricultural producers.
Highlights
- Extends the 2018 farm bill for one year.
- Provides $20.8 billion in emergency natural disaster assistance.
- Available for losses of revenue, quality, or production for crops (including milk, on-farm stored commodities, prevent plant crops, and harvested adulterated wine grapes), trees, bushes, and vines as a result of droughts, wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze, smoke exposure, and excessive moisture in calendar years 2023 and 2024.
- Up to $2 billion available for livestock
- Block grant eligibility for eligible states and tribes
Assistance includes timber, citrus, pecan, and poultry (including infrastructure)
Lack of Mexican water delivery (Rio Grand Valley, TX)
- Provides $10 billion in economic assistance for farmers and ranchers
- Greater than 75 percent of average gross revenue from on farm sales has payment limitation of $250,000; Less than 75percent $125,000.
- Limited to wheat, corn, sorghum, barley, oats, cotton, rice, and soybeans on a per planted acre basis. Producers are paid 26 percent of the difference between the expected cost of production and expected gross returns. Payments of 50 percent for prevented planting acres.
The House vote on the legislation was 366-34 and the Senate vote was 85 to 11. All of Nevada’s delegation voted in support for passage of the measure.
AFBF Market Intel Sheds Information On The Underlining Need For Financial Relief
Prior to Congress passing and President Biden signing the legislation into law, American Farm Bureau Federation (AFBF) economist Betty Resnick penned a Market Intel piece (fb.org/market-intel/three-reasons-why-farmers-need-economic-aid) which offered the reasons for the support that Farm Bureau and others were pressing for in obtaining the financial support for farmers. While those gaining the benefits of the legislation, that was included in the Continuing Resolution, are awaiting the support offered in the legislation the points made by Resnick still offer helpful background on the conditions that are still in effect.
“The lack of a new farm bill, which is two years overdue, has left farmers in a lurch during the sort of difficult stretch where they traditionally relied on the safety net.” Resnick wrote.
Urban Ag Conference January 28-30
An Urban Ag Conference is being planned for January 28-30, 2025 at the South Point Hotel in Las Vegas. The goal is connecting urban farmers with fellow farmers, experts and agricultural enthusiasts to discuss all things related to urban farming. Another reason for getting urban farmers together is to collect those interested to consider objectives that the group need to pursue in future policy work. Register using this form: files.constantcontact.com/ce74815a701/167b9622-8eb1-4b89-92f5-6edd291d91f4.pdf. There’s a $75 registration fee which covers the pre-conference workshops and the entire schedule for the multiple-day sessions.
A February 20-22, 2025 Small Farm Conference is being planned to be held at the Sparks, Nugget.
2025 Nevada Cattlemen’s Update
The 2025 Nevada Cattlemen’s Update will be held at various locations across Nevada from Monday, January 13 through Friday, January 17. Monday’s session will be held virtually and will begin at 10 a.m. Learn more at: https://naes.unr.edu/cattlemens/default.aspx
The schedule meeting locations and times for the in-person sessions include:
Tuesday, Jan.14, 2025 – 5:30 p.m. Fallon Convention Center, Fallon, NV
Wednesday, Jan.15, 2025 – 5:30 p.m. Ely Convention Center, Ely, NV
Thursday, Jan. 16, 2025 – 12:30 p.m. Great Basin College Theater, Elko, NV
Friday, Jan. 17, 2025 – 10 a.m. Humboldt County Extension Office, Winnemucca, NV
Session cost is $20 per ranch.
Three Of Nevada’s Congressional Delegation Earn Friend Of Farm Bureau Awards
During his visit to Washington, D.C., attending the annual American Farm Bureau Federation (AFBF) Resolutions Committee, Nevada Farm Bureau Federation President Bevan Lister delivered three “Friend of Farm Bureau” awards to U.S. Senator Catherine Cortez Masto, U.S. Senator Jacky Rosen and Congressman Mark Amodei. The “Friend of Farm Bureau” award is based on the voting record of Congressional members in line with Farm Bureau’s request for specific votes. Based on Farm Bureau policy, letters seeking a particular vote on a bill are sent to each Senator or House member and when the vote is taken those who have voted in support of Farm Bureau’s request is counted.
For each of the members of Nevada’s Congressional delegation who received the “Friend of Farm Bureau” award for the 118th session of Congress, their voting record totals were 100 percent in line with the request that Farm Bureau had made.
Thank you to these elected representatives for their support of Farm Bureau policy on the specific votes that were identified as being included in the count for the two-year session.
Rural Counties Receive Funding Support For Broadband Pilot Project
U.S. Department of Agriculture (USDA) Secretary Tom Vilsack and USDA Rural Development Nevada State Director Lucas Ingvoldstad today announced more than $23.5 million to connect rural residents in Nevada to reliable high-speed internet through the Broadband Technical Assistance and ReConnect programs.
“USDA Rural Development is dedicated to realizing rural prosperity in Nevada,” said State Director Lucas Ingvoldstad. “Internet access is critical to lowering barriers around education, healthcare, and new markets for rural Nevadans. Through Rural Development programs and investments, we’re proud to deliver on the Biden-Harris Administration’s commitment to the Silver State.”
Valley Electric Association Inc. (VEA) is receiving a $542,281 Cooperative Agreement for a Broadband Technical Assistance pilot project in Nevada to promote the deployment of high-speed fiber networks to the rural areas of Clark, Esmeralda, Lyon, Mineral and Nye counties. VEA will partner with local internet service providers and energy providers to promote the development of mid-mile and last-mile fiber in these remote areas of Nevada.
Lincoln County Telephone System will receive a $22,997,014 loan through USDA’s ReConnect Program to deploy a fiber-to-the-premises network to provide high-speed internet. This network will benefit a number of persons, businesses and farms in Lincoln County.
Clark, Esmeralda, Lyon, Mineral and Nye counties are part of Nevada’s Rural Partners Network (RPN) community networks.
Monarch Butterfly Proposed To Be Listed As Threatened Species
As we reported in last week’s newsletter, the U.S. Fish and Wildlife Service announced that they are putting forward a proposal to list the monarch butterfly as a threatened species with species-specific protections and flexibilities to encourage conservation under Section 4(d) of the Endangered Species Act (ESA). The agency is also proposing to designate critical habitat at the overwintering grounds in California. The proposed rule and the opportunity to provide comments are available at this link: regulations.gov/document/FWS-R3-ES-2024-0137-0001
The stated objectives that U.S. Fish and Wildlife Service is attempting to accomplish with their proposal are:
- The achievement of significant increases in the availability of milkweed and nectar plants in monarch breeding and migratory areas
- Protection and enhancement of overwintering habitat
- Avoiding and minimizing impacts to monarchs from insecticides and herbicides\
- Maintaining public support for the conservation of monarch butterflies
USDA Launches $2 Billion Specialty Crop Program
In the most recent American Farm Bureau Federation (AFBF) Market Intel report economist Daniel Munch provides details on a new program that the United States Department of Agriculture is offering, targeted for specialty crop producers.
“This initiative, administered by the Farm Service Agency (FSA), aims to help specialty crop producers manage heightened marketing costs and expand markets.” Munch writes. “However, the program’s structure does not require funds to be directed toward marketing-specific activities, functioning instead as general financial assistance for specialty crop farmers.”
His Market Intel article offers the details for eligibility as well as additional information about the program which needs the applications associated with the program to be submitted by January 8, 2025. There is also a link with the USDA background paper that may be helpful in better understanding how the program could work for you: www.fsa.usda.gov/news-events/news/12-09-2024/new-marketing-assistance-now-available-specialty-crop-producers
Nevada Has First Dairy Farm Infected With H5N1
During the Nevada Board of Agriculture meeting on December 6th, Dept of Ag Director JJ Goicoechea said there’s is evidence of a detection of Highly Pathogenic Avian Influenza (H5N1). on a dairy farm in Nye County. The premises affected have been quarantined and mandatory testing will occur onsite on regular intervals until the herd is confirmed to be virus-free.
“Ensuring the safety of the industry is our utmost priority,” Director Goicoechea shared with the Board. “Early action is critical to prevent the spread of animal disease.”
It has been stressed that Dairy and meat products remain safe for consumption. In addition, the United States Department of Agriculture (USDA) has determined that pasteurized milk will not transmit the virus to humans. As the Nevada Department of Agriculture stressed in their announcement, raw milk (unpasteurized) is not legally sold in Nevada.
A California raw milk dairy herd has been infected with H5N1 and has had several recalls because of the testing showing that the virus was in the milk that was being sold.
Another development is coming from the national level with USDA’s Animal and Plant Health Inspection Service’s announcement for a new five-stage testing protocol that is based on a new order that will play out over the next several months:
- Mandatory testing of dairy plants and receiving silos where milk is delivered
- Dairy cattle testing (starting with states that are more advanced in their testing processes)
- Responding to herds that have been identified as being infected
- Demonstrating ongoing absence of avian influenza in dairy herds
- Demonstrating statewide absence of avian influenza of dairy herds on a statewide basis
Nevada Dairies To Be Treated For Starling Infestations Aimed At Control Of H5N1
The USDA Wildlife Services and the Nevada Dept of Agriculture will begin removing non-native European starling populations around several dairies in Churchill, Lyon and Nye Counties.
The public in the areas that are being treated have been notified by Wildlife Services that if they come into contact with dead or dying birds, during the treatment process, that any handling of the birds be done with single-use gloves and disposing them in the trash. There is not a need to report dead birds to any one or agency.