On December 18, 2015, an omnibus appropriations bill that will fund the government was passed by Congress and signed by the President.  This bill is a package of all 12 annual appropriations bills and will fund all government agencies and programs until the end of the fiscal year, September 30, 2016.

The omnibus bill contains several provisions that impact the horse industry, including reforms to the H-2B temporary guest worker program, the U.S. Department Agriculture (USDA) FY 2016 appropriations bill, defunding of horse slaughter, and reauthorization of the Land and Water Conservation Fund (LWCF).

“Notably, the bill includes several beneficial provisions relating to the H-2B temporary, non-agricultural worker program and would roll back some of the most onerous provisions of a 2015 H-2B rule,” said AHC president Jay Hickey.   “The AHC has been working to ensure these provisions were included in the omnibus bill and on reforms to the program for years.    These provisions will make the H-2B program less burdensome for employers, including those in the horse industry.”

“The bill contains vital funding for the USDA Animal and Plant Health Inspection Service (APHIS,) which is responsible for protecting and responding to contagious equine disease outbreaks.  The bill also includes funding for enforcement of the Horse Protection Act (HPA). Adequate funding for APHIS, equine health, and the HPA are important for the welfare of U.S. horses and the economic health of the horse industry,” said Hickey.

The bill includes language that prohibits USDA from using any funds to provide inspectors at meat processing facilities that slaughter horses, continuing a block that begin in 2005, except for a brief period in 2012 and 2013.

No horse slaughter facilities are operating in the U.S. and this bill would effectively prevent any such facility from opening before September 30, 2016.

The language was included in the omnibus bill because the Senate Appropriations Committee adopted an amendment that prohibited funding for inspectors at horse slaughter facilities when they debated and approved their version of the FY 2016 USDA appropriations bill.  The Senate amendment was offered in committee by Senator Tom Udall (D-NM) and passed by a voice vote.

The bill will also reauthorize the Land and Water Conservation Fund (LWCF) for three years with funding of $450 million for the coming FY 2016, a nearly 50 percent increase over the previous level.  LWCF provides funds and matching grants to federal, state and local governments for the acquisition of land and water for recreation and the protection of natural resources.

“The LWCF program had expired this year and there was some concern it might not get reauthorized in a timely fashion,” said AHC vice president of government affairs. “The program is responsible for adding millions of acres to the national parks system, national recreation areas, and state and local parks that include many trails for equestrians.”

More details about the bill can be found here:  https://horsecouncil.org/press-release/congress-approves-omnibus-bill-to-fund-government/

Grassroots efforts from equestrians played important role in making sure RTP was included in the FAST Act

(Washington, DC)- Congress has passed and the President has signed a multi-year national highway bill known as the Fixing America’s Surface Transportation Act, or the FAST Act. The bill reauthorizes the Federal Highway Administration’s Recreational Trails Program (RTP) for the next five years and provides $85 million annually for the program.

The last highway bill was set to expire in December and Congress has been working on various versions of a national surface transportation bill for most of this year.  During the Congressional process several attempts were made to eliminate the RTP program from the bill.  However, these attempts were unsuccessful.

“We are very pleased RTP was included in the FAST Act. Every time a multi-year national highway bill is debated there is always an attempt to eliminate this program and this time was no different,” said AHC vice president of government affairs Ben Pendergrass.  “Grassroots support from recreational trail users, including many equestrians, played an important role in making sure RTP was included in bill. The AHC appreciates all the individual horsemen and organizations that contacted their Representatives in support of RTP.”

“Strong support from Congressional champions of the program, particularly Senators Amy Klobuchar (D-MN), James Risch (R-ID), Richard Burr (R-NC) and Jeanne Shaheen (D-NH), as well as Representatives  Hanna (R-NY),  Rick Larsen (D-WA), Tim Walz (D-MN) and Jaime Herrera Beutler (R-WA), was also essential to preserving the program,” continued  Pendergrass.

Since its inception RTP has provided money for thousands of state and local trail projects across the country, including many that benefit equestrians.  RTP provides funding directly to the states for recreational trails and trail-related facilities for all recreational trail users.   It is funded with a portion of the gas taxes paid into the Highway Trust Fund by recreational off-highway vehicle users.

To learn more about the program and find information about contacting your state RTP administrator for guidance on State policies and project eligibility requirements visit https://www.fhwa.dot.gov/environment/recreational_trails/.  You can also look up the projects funded in your state in the RTP project database.

The AHC has advocated for the RTP program since its inception and is an active member in the Coalition for Recreational Trails (CRT).  CRT is federation of national and regional trail-related organizations formed exclusively to build awareness about and protect the RTP program.

“It is a victory for all recreational users that RTP has been reauthorized. However, Governors still have the option to opt out of the program. This year only one state has done this (Connecticut) so it is important that recreational riders stay vigilant against any attempts to eliminate the program in their state,” said Pendergrass. “Additionally, if you have a trail project in your area you would like to see receive funding the AHC encourages you to visit the RTP website and contact your state RTP administrator.

On November 5, 2015, the House of Representatives passed its version of a multi-year national highway bill known as the Surface Transportation Reauthorization and Reform Act of 2015 or STRR Act. The bill would reauthorize the Federal Highway Administration’s Recreational Trails Program (RTP).

During the debate of the bill, two amendments were filed that would have eliminated the RTP Program. However, one amendment was withdrawn and one amendment did not receive a vote. The RTP program will continue un-changed if this bill becomes law.

Grassroots support from recreational trail users, including many equestrians, played an important role in making sure RTP was included in the House-passed bill. The AHC appreciates all the individual horsemen and organizations that contacted their Representatives in support of RTP.

Since its inception RTP has provided money for thousands of state and local trail projects across the country, including many that benefit equestrians. RTP provides funding directly to the states for recreational trails and trail-related facilities for all recreational trail users. It is funded with a portion of the gas taxes paid into the Highway Trust Fund by recreational off-highway vehicle users.

Earlier this year, the Senate passed its version of a multi-year national highway bill, called the DRIVE Act. The Senate bill would also reauthorize the RTP Program.

It is a victory for recreational users that RTP has been included in both the House and Senate versions of the bill.

The House and Senate must now convene a Conference Committee to work out the differences in the two bills.

If you have any questions, please contact the AHC.

On October 29, 2015 Senators Thom Tillis (R-NC), Barbara Mikulski (D-MD), Mark Warner (D-VA), and Bill Cassidy (R-LA) introduced the Save our Small and Seasonal Businesses Act of 2015. The bill would make many needed reforms to the H-2B temporary, non-agricultural worker program that will make it less burdensome for employers, including those in the horse industry to use.

The H-2B program is used by members of the horse industry, principally horse trainers and owners who cannot find American workers to fill semi-skilled jobs at racetracks, horse shows, fairs and in similar non-agricultural activities. However, On April 29, 2015, the Department Homeland Security (DHS) and Department Labor (DOL) issued a final interim H-2B temporary guest worker program rule and a final wage rule. These rules have made the H-2B program even more costly and burdensome for employers who are forced to use the program. These rules were opposed by the American Horse Council and other industries that rely on the H-2B program.

Save our Small and Seasonal Businesses Act of 2015

The bill would make several important reforms to the H-2B program and roll back some of the most burdensome provisions of the 2015 H-2B rule. It also would exempt returning workers from counting against the 66,000 annual visa cap. Specifically, the bill would do the following:

Create an H-2B returning worker exemption;

• • Require wages to be based on the job category and experience level required, rather than an artificially inflated the median wage;
  • Allow the use of private wage surveys;
  • Return the H-2B program to an attestation based process rather than a time consuming and costly verification based process;
  • Specify that H-2B employers do not need to provide housing to their workers, allow for payroll deductions for housing in accordance with the Fair Labors Standards Act;
  • Specify that for H-2B workers, full time is considered 30 or more hours per week and seasonal need is 10 months;
  • Require employers to reimburse H-2B workers for their transportation costs from the consulate or previous worksite to the place of employment after the H-2B worker completes at least 50% of the work contract, as well as require the employer to pay return transportation costs to the consulate or new worksite;
  • Allows for staggered crossing of H-2B workers;
  • Allow for the replacement of an H-2B worker who leaves the job before the completion of the job term;

Provides for conditional approval for H-2B workers by DHS once the cap is met so that visas may be issued in the order approved if cap numbers become available;

• Require DHS to publicly post on a website the cap count, the annual number of target beneficiaries, the cap count methodology it is using, number of H-2B visa petitions approved and received during the past five years’ and other items;
• Require the Government Accountability Office to conduct a study on the DHS cap count methodology and its accuracy; and
• Specify that DHS has exclusive authority to issue H-2B rules and final determinations.

Improvements to the H-2B program have been a priority of the horse industry for many years. The difficulty horse farms, horse shows, trainers and others have had recruiting American workers has forced many to use the H-2B program to meet their labor needs, even though it is costly, time consuming and unreliable.
This bill would overhaul the H-2B program and fix some of problems that have plagued the program while maintaining protections for both American and H-2B workers.

The American Horse Council supports this important legislation and urges members of the horse industry to contact their Senators to voice support for the bill.