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House committee clears bill to remove federal denial requirement for drought livestock water aid
Summary
The House Agriculture Committee recommended passage of House Bill 1040, which would remove a requirement that North Dakota livestock producers first apply to and be denied federal USDA Emergency Conservation Program (ECP) assistance before qualifying for the state's drought disaster livestock water supply assistance program.
The House Agriculture Committee voted to recommend passage of House Bill 1040, which would remove a state eligibility requirement that applicants for North Dakota's drought disaster livestock water supply assistance program first apply to and receive a denial from the USDA Farm Service Agency's Emergency Conservation Program (ECP).
Proponents told the panel the federal-application requirement adds time and paperwork during emergency drought responses and can be an unnecessary barrier because many counties are ineligible for ECP even when the state program is activated. Pat Frygen, planning and education division director for the Department of Water Resources, said the state program is intended to provide timely cost-share assistance for projects such as new wells, pipelines, pasture taps, tanks and power to help livestock producers establish longer-term drought resiliency.
"Because it is a drought response program, in order for it to be activated, it's activated by a governor issued drought disaster declaration," Frygen said. He explained the State Water Commission sets the program start and end dates and approves funding from the agency's existing appropriations. Frygen told the committee that during the 2021 activation the commission ultimately approved about $6.1 million for the program and the department paid out a little over $4 million.
Julie Ellingson of the North Dakota Stockmen's Association and other supporters told the committee the proposal would streamline access to state funds and reduce red tape for producers facing drought.
Committee members questioned logistics and safeguards against double funding if applicants pursued state assistance without first applying for federal aid. Frygen said applicants would still be required to disclose other funding and the department would not cost-share on amounts already provided by federal programs. "If they were approved for [federal] funding ... we would just take those federal funds off the top and cost share on the remainder," Frygen said. He also said the department's application process requires applicants to certify they are not receiving funds from other sources for the same work.
The committee approved a motion to recommend passage of the bill on a roll-call vote. Members later considered placing the bill on the committee consent calendar but a raise-of-hands vote resulted in too few votes to do so; the bill will move forward but not on the consent calendar.
Supporters provided program details during testimony: the department reported approving 1,577 drought projects in 2021 involving about 1,115 producers; under the State Water Commission cost-share policy producers may receive up to 65% cost share, up to $10,000 per project, and up to three projects per producer.
The bill now moves to the full House for further consideration.
