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Friday, December 6, 2019 CapitalPress.com 7 Labor bill would hurt ag construction, attorney says By DAN WHEAT Capital Press A farm labor bill that recently passed the House Judiciary Committee would be “catastrophic” to the agri- cultural construction and livestock industries, says a law firm specializing in pro- viding H-2A-visa foreign guestworkers for agricultural construction. But U.S. Rep. Dan New- house, R-Wash., a chief sponsor of the bill, says the law firm and other compa- nies are exploiting a loop- hole in the law and should be using non-agricultural H-2B visas. H-2A visas are intended for workers for agricultural production and the only allowance for agricul- tural con- struction was if it were on property owned by Kyle Farmer the employer doing the work, Newhouse said. His bill continues that pro- vision, but a challenge by an agricultural construction firm in 2008 led to a settlement with the U.S. Department of Labor and more compa- nies using the provision to do agricultural construction on property they don’t own for the past decade. Farmer, Farmer & Brown Law Firm, in Marietta, Ga., provides about 1,500 H-2A workers annually to mostly agricultural construc- tion companies in 23 states including Washington and has offices in Georgia, Texas and Iowa. Of 257,667 H-2A posi- tions certified by the U.S. Department of Labor in 2019, probably 2,500 to 3,000 were in agricultural construction and mostly in building live- stock confinements, said Kyle Farmer, co-founder of the law firm. The Farm Workforce Modernization Act, H.R. 5038, introduced by New- house and Rep. Zoe Lofgren, D-Calif., Oct. 30, passed the Judiciary Committee, 18 to 12, on Nov. 21. The sponsors hope it passes the full House before the end of the year. Seeking to ensure a legal and sufficient agricultural workforce, the bill provides renewable visas for agricul- tural workers in the coun- try illegally, phases in man- datory E-verify (electronic verification of employ- ment eligibility), amends the H-2A-visa agricultural for- eign guestworker program and freezes the minimum wage of H-2A workers at 2019 levels through 2020. There are good aspects of the bill but prohibiting agri- cultural construction from using H-2A is not one of them, Farmer said. “We have years of expe- rience in agricultural con- struction. We have advertised tens of thousands of open positions, hired hundreds of U.S. workers, and seen the struggles these employers go through to fill the posi- tions to meet their contrac- tual needs,” Farmer said, adding only H-2A workers and undocumented laborers fill the jobs. Positions have been advertised at $1,500 per week and $21 an hour which is above the H-2A minimum wage and people don’t take the jobs, he said. “U.S. workers do not want these jobs because they are remote, require extensive travel and are hard and dirty work. U.S. workers who do take them do not last,” he said. The non-agricultural H-2B visa can’t be used because agricultural con- struction is agricultural in nature and there are not enough H-2B visas to fill the need because numbers are capped and full, he said. Many agricultural con- struction companies use only H-2A workers and with- out the workers, the compa- nies will not survive and the cost of livestock production will “dramatically increase,” Farmer said. But Newhouse said con- struction companies, not in agricultural construction and not using H-2A workers, complain of a competitive disadvantage because they have to pay higher wages. “This company,” he said referring to Farmer, Farmer & Brown, has previously used H-2B and it required higher wages.” Apple Education Foundation concludes 25th year Northwest wildflower up for endangered species delisting By DAN WHEAT Capital Press By GEORGE PLAVEN Capital Press WENATCHEE, Wash. — The Washington Apple Education Foundation paid tribute to more than 150 volunteers at a recent awards breakfast as it fin- ished the year by provid- ing $1.1 million in schol- arships to more than 330 students of tree fruit industry families in Cen- tral Washington. The foundation has provided $9 million in direct scholarship aid to more than 2,000 stu- dents since its inception 25 years ago, said Jenni- fer Witherbee, foundation executive director. “Our mission is to impact lives through access to educational opportunities,” Witherbee said. The foundation sup- ports local school pro- grams for farmworker families, but its hall- mark is providing college scholarships to students. A past scholarship recipient, Nate Rubio, of Moses Lake, was recog- nized as Alumni Volunteer of the Year at the founda- tion’s annual Volunteer Appreciation Breakfast at the Cave B Inn near Quincy on Nov. 21. Rubio grew up in Brew- ster, attended Eastern Washington University and is a human resources manager for Washington Fruit & Produce Co. in Yakima. He and his family have established a schol- arship, through the foun- dation for other Brewster High School graduates. Also at the breakfast, Nate Fulton was named Volunteer of the Year. Fulton is an agribusiness specialty practice direc- tor for PayneWest Insur- ance in Yakima and pre- PORTLAND — A vibrant yellow flower found in northwest Oregon and southwest Washington is up for removal from the federal list of threatened and endan- gered species. The U.S. Fish and Wild- life Service has proposed delisting Bradshaw’s des- ert parsley, citing efforts by public and private land- owners to help the perennial herb recover throughout its range. Despite its name, Brad- shaw’s desert parsley — also known as Bradshaw’s loma- tium — grows in wet prai- ries extending from Clark County, Wash., to the south- ern end of Oregon’s rainy Willamette Valley, with the greatest density of popula- tions near Eugene, Ore. Historically, a combi- nation of natural fires and intentional burns helped Bradshaw’s desert parsley to thrive by keeping woody plants from encroaching on open habitat. The species began to decline as fire sup- pression and urbanization led to a loss of undeveloped prairies. Bradshaw’s desert pars- ley was listed as endangered in 1988. At the time, there were just 11 populations and fewer than 30,000 total plants. Now the USFWS says Bradshaw’s desert pars- ley is flourishing again with more than 24 popula- tions and 11 million plants, thanks to local partnerships to improve habitat and com- bat invasive species. Paul Henson, the agen- cy’s Oregon state director, said the U.S. Army Corps of Engineers has done a good job of managing its lands for Bradshaw’s desert pars- ley. The Corps operates 13 Willamette Basin dams for Jennifer Witherbee Nate Fulton Nate Rubio Evelyn Carreto viously worked for Wells Fargo and Moss Adams, the largest CPA firm on the West Coast. Fulton has been involved with the foun- dation for many years helping with fundraising, scholarship selections, student mentorship and as a workshop presenter. He worked for his grand- parents’ apple growing and packing operation in Omak in his high school and college years. Evelyn Carreto, a sec- ond-year foundation scholarship recipient at Big Bend Community College in Moses Lake, spoke at the breakfast. She is studying nursing, and her father works at a Royal City Orchard. Stemilt Growers, of Wenatchee, received the Group Volunteer of the Year award for 16 Stemilt employees participating in foundation volunteer work, including hosting job shadows for students. Collectively, founda- tion volunteers reviewed more than 400 scholar- ship applications, sent “care” packages to more than 300 students and participated in mentor- ing, workshops and career development. c c c USFWS Bradshaw’s desert parsley. irrigation, flood control and wildlife. Private landowners too have contributed to the recovery of habitat for Brad- shaw’s desert parsley, Hen- son said, with assistance from the USFWS Partners for Fish and Wildlife Pro- gram and USDA Natural Resources Conservation Service’s Wetland Reserve Program. “These efforts played a big role in protecting almost all sites and individuals from further habitat loss and frag- mentation,” Henson said. Environmental groups hailed the recovery of the flower as a success story for the Endangered Species Act. “It’s always good news when a plant or animal is saved from extinction, so today we celebrate Brad- shaw’s desert parsley and the (ESA),” said Tierra Curry, a scientist with the Center for Biological Diver- sity based in Portland. “This lovely wildflower is yet another success for Ameri- ca’s most effective conser- vation law.” The statement comes th 50 c c c Anniversar as the Center for Biologi- cal Diversity filed a notice of intent to sue the USFWS on Nov. 20 for failing to decide whether 274 plants and animals across the country should be feder- ally protected. The agency has a backlog of more than 500 species awaiting ESA decisions, according to the group. The public has until Jan. 27 to comment on the pro- posed delisting for Brad- shaw’s desert parsley. 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