Dear Readers,

Annette Higby from Sustainable ag network asked me to share this
corrected information with you regarding  subsidy payments for large
farms. This information is just to share, you are free to comment how
you like and if you wish. There is a note that today is the last day for

The sample comment letter regarding the payment limitations/actively
engaged action alert posted to our website last week included a
corrupted email address for Dan McGlynn.  The correct email address is:
[log in to unmask]

We've also had reports of emails bouncing even when using the correct
address.  If you have problems submitting your comment there are two
different options for getting your message to USDA: 


	Send Dan McGlynn a letter by fax to 202-690-2130, or 
	 Go to
<>   Select the
small box for "find documents accepting comments and submissions."  Type
"farm program payment limitation" in the search box and then click "Go".
The first document listed will be the proposed interim rule on farm
program payment limitations titled "Farm Program Payment Limitation and
Payment Eligibility for 2009 and Subsequent Crop, Program, or Fiscal
Years."  Choose, "Send a comment or submission."  Then follow the
directions on the comment submission form and submit your comment. 


This is the LAST DAY to submit your comments.  Help us send a loud and
clear message that we want the worst farm subsidy loophole on the books

Thank you for taking action on this important issue!  

Talking Points:  

Here are some points to pick and choose from and put in your own words
in your email or letter to USDA:

*	The biggest of all payment limitation loopholes allows large
farms to find multiple "partners" to fulfill the "actively engaged in
farming" requirement by providing only minimal personal management and
zero personal labor.  In some cases, participating in just two
conference calls a year has been enough to pass the actively engaged in
farming test.  This management loophole must be closed or mega-farms
will continue to collect huge multimillion dollar annual payments,
funneling payments through passive investors, non-farm businesses, and
sham "paper" farms.  Those ill-gotten excess subsidies are used to
outbid smaller farmers and beginning farmers for land, leading to land
concentration and the slow demise of family farming.  This loophole is
strangling the economic future of rural communities and choking off
economic opportunity and farm entry for the next generation of farmers.

*	When a person tries to qualify for farm payments by providing
only active personal management and no personal labor, the rules should
require the person to provide at least half of the total management
required to run the farm or at least half of the total management that
would be necessary to conduct a farming operation commensurate in size
with his/her requisite share of the operation.  This is the key point
that must be addressed in developing the new rule.
*	The "actively engaged in farming" rules do not apply to
landlords, so tightening it will not interfere with crop share leases.
Widows and heirs who rent their land through crop share leases will not
be affected by tightening the rules.  But tightening the rules will
prevent mega farms from collecting unlimited farm payments.
*	Closing the "actively engaged in farming" management loophole
will strengthen family farms and rural communities, save federal
resources, and help restore integrity to a program which is sadly still
rife with abuse.  
*	Both Republican and Democratic Administrations have for decades
either added regulatory loopholes or at best looked the other way and
allowed the abuse to continue.  This Administration, which campaigned on
commodity program payment reform, needs to end business as usual, clean
up the system, and restore good government.  Enacting a quantifiable
test for farm management is the place to start because it is the
granddaddy of all loopholes.

Background:  In the 2008 Farm Bill, Congress directed USDA to rewrite
the regulations used to determine whether a person is "actively engaged"
in farming and thus eligible for payments.  The Bush Administration
issued an interim rule right before leaving office that takes a few
small steps forward, but leaves the big loophole wide open, thus
ensuring the continuation of unlimited payments to mega-farms.  

Rather than continuing to nibble around the edges of the problem, the
Obama Administration needs to go right to the heart of the matter, close
the loophole, and stop wasting taxpayer's money in an annual bailout
scheme that puts the mid-sized family farm at an unfair competitive
disadvantage with mega farms.

Under current rules, to be eligible for payments under the labor test
one must provide 1,000 hours of labor a year or half of one's requisite
share of the total labor to operate the farm, but to be eligible for
payments under the alternative management test, anything goes -- there
is no quantifiable standard.  Congress' own Government Accountability
Office found that mega farms have been funneling payments through people
who are not farmers, who do not live anywhere near the farm, and who
participate in a couple conference calls a year, calling these people
"farm managers" each of whom then becomes eligible for a full payment.  

Those "two conference call a year" people are among the simpler schemes
used to evade the law.  There are more complex ones as well.  For
example, the Government Accountability Office provides this illustrative

	A general partnership that farms more than 50,000 acres was
divided into more than 30 non-farming entity corporations which together
collected over $5 million in annual farm payments in 2001  However, the
partnership reported a net loss in 2001 due to its transactions with
those non-farming entities, including a land leasing company, equipment
and petroleum dealerships and crop processing companies.  These
non-farming entities charged above-market prices for goods and services,
including excessive charges for storage and processing, and paid
below-market prices for the harvest.  All the non-farm entities had
ownership linked to one individual.   This served to take payments from
many different "farms" and concentrate them into profits for a single

These schemes to rip off the taxpayer and put family farmers out of
business are an outrage, and it is time to put a stop to it!  Please
write to USDA today and say enough is enough!  Tell them to fix the rule
now by adding a real, quantifiable management test and then actively
enforce the law against those who try to continue to bilk the program.

Thanks for your action to support family farms!

National Sustainable Agriculture Coalition
110 Maryland Avenue NE Washington, D.C. 20002
Phone: (202) 547-5754 Fax: (202) 547-1837 


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