Building Public Policy Engagement in 2023

FRA provides an effective member voice in Washington, D.C., defending against threatening legislation and regulation while advancing public policies that support industry sustainability.

FRA’s Strategic Plan identifies several key public policy priorities for its advocacy on behalf of the forest products industry we serve. Our multi-faceted efforts in 2023 targeted those legislative and regulatory priorities.

Workforce

Labor shortages throughout the wood supply chain made workforce a top priority in 2023.

Jobs in the Woods Act. FRA worked with members of Congress to draft and introduce the bicameral, bipartisan Jobs in the Woods Act. This legislation would create a grant program for nonprofit organizations, Indian tribes, states, and colleges to create immersive pathway workforce training programs in forestry, helping prepare students for jobs in the timber industry and the U.S. Forest Service. FRA’s goal is to include the legislation in the Farm Bill reauthorization. Sixty-six forestry associations currently support the legislation.
The Hill, a top U.S. political website read by the White House and more lawmakers than any other site, published an FRA op-ed about the workforce challenges of forestry and the Jobs in the Woods Act.
Workforce Summit. FRA collaborated with the Wisconsin Forestry Careers Coalition to host a summit in Duluth, MN, that brought together leaders of forestry workforce programs nationwide. The objective of this inaugural summit was for each organization to provide an overview of their respective programs to share critical information relative to recruitment strategies, training curricula, and obstacles associated with its development.

H-2B Guest Worker Visas

H-2B forestry workers are critical to replanting forests following timber harvest or natural disasters. Demand for visas greatly exceeds the current annual cap of 66,000.

The Department of Homeland Security (DHS) released an additional 64,716 supplemental visas for FY 2024. FRA worked with the H-2B Workforce Coalition to include language for FY 2023 appropriations, allowing the DHS to release supplemental visas.
FRA sent a letter to the acting Secretary of the Department of Labor (DOL) raising concerns about delays in processing labor certification applications for employers of H-2B workers. The letter urged the DOL to expedite applications. FRA also met with DOL leadership on this issue.
FRA submitted comments on a proposed rulemaking that would modify the H-2B visa program. The Modernizing H-2 Program Requirements Oversight and Worker Protections is a DOL-proposed rule that would expand the department’s investigative and enforcement authority. FRA urged the DOL to remove these sections and several other problematic proposals prior to the publication of a final rule. FRA additionally submitted comments on a proposed rule that would significantly increase fees paid by employers who use the H-2B visa program for labor.
FRA worked with Congresswoman Maria Salazar (R-FL-27) to include a pilot program in the comprehensive bipartisan immigration legislation, the Dignity Act, to include a provision allowing employers of H-2B forestry workers to participate in the uncapped H-2A visa program.

Transportation

The primary means of hauling raw forest products from the woods to the mill is by truck. In 2023, FRA worked to build our research base and address the safety and efficiency of transporting raw forest products.

The Safe Routes Act was re-introduced in the House and Senate. This legislation would improve the safety and efficiency of hauling raw forest products by allowing access to the interstate at existing legal state truck weight limits.
FRA-funded research, “An assessment of the safety and efficiency of log trucks with increased weight limits on interstate highways in Wisconsin and Minnesota, USA,” was published in the International Journal of Forestry. The research showed the safety and efficiency benefits of allowing log trucks access to the interstate for short distances to avoid small towns, school zones, and congested areas. The research also showed that log trucks had lower fatality rates in 83% of the lower 48 states when compared to other heavy trucks.
FRA supported several other transportation bills that were passed by the House Transportation Committee. These bills would permit states to set up a pilot program allowing trucks to haul 91,000 pounds on the interstate if trucks were equipped with a sixth axle, improve the efficiency of attaining a commercial driver’s license, and allow a ten percent variance for trucks hauling dry bulk materials.

Carbon Neutrality of Forest-Based Biomass

FRA has been active in 2023 advocating at the national level for forest-based biomass energy to be considered “carbon neutral” in federal energy and environmental policymaking. Both the FY 2024 Interior, Environment, and Related Agencies appropriations bills (House and Senate) reauthorize provisions that direct the Environmental Protection Agency (EPA) and the Departments of Energy and Agriculture to embrace biomass energy as carbon neutral. While final appropriations for 2024 have not been approved, we are optimistic that this directive will be reauthorized early in the year.

In addition to the appropriations space, FRA has been collaborating with other forest products trade associations to include biomass carbon neutrality language in the upcoming Farm Bill reauthorization. Leadership on both Agriculture Committees appear receptive to this effort, and we are optimistic for a favorable outcome in 2024 when the Farm Bill will be finalized.

Bats

The United States Fish and Wildlife Service (USFWS) listed the northern long-eared bat as endangered under the Endangered Species Act (ESA) in April 2023. FRA provided comments on the proposed rule to list the species as endangered and worked with the agency throughout the listing process to ensure that forest management would not be significantly impacted. The USFWS has proposed a rule to list the tricolored bat as endangered, for which we anticipate the final ruling to be announced in early 2024. Following the decision on the tricolored bat, the agency will propose a rule to list the little brown bat as endangered.
FRA also worked with Congressman Pete Stauber (R-MN-8) to introduce measures that would nullify the listing of the northern long-eared bat as endangered. The resolution passed both the House and Senate only to be vetoed by President Biden.
The USFWS approved the Lake States Region Bat Habitat Conservation Plans (HCP) in March 2023. The HCPs provide reasonable conservation measures to mitigate impacts to the northern long-eared bat during timber harvest operations. FRA worked with state forestry associations, state agencies, and the USFWS to develop the HCPs. The plans now will serve as a model for other states interested in developing a bat HCP.

Mature and Old-Growth Forests on Federal Lands

President Biden directed the U.S. Forest Service to define, inventory, and recommend policies to protect mature and old-growth forests on federal lands. In December, the Forest Service published a Notice of Intent that proposes to amend all 128 Forest Service Plans to include old growth protections. This may negatively impact timber harvest levels on federal lands. FRA has been actively communicating our concerns regarding a mature and old-growth forest protection policy with the Forest Service, serving on several round tables, and will be preparing and submitting comments on the proposed NOI.

Waters of the U.S.

The U.S. Supreme Court issued a decision that narrowed a rule implemented by the Biden administration that defined Waters of the U.S. (WOTUS). The SCOTUS ruling limited the scope of federal jurisdiction over waterways to those systems that have a relatively permanent direct surface connection to larger downstream waters. This decision scaled back the Biden administration’s rule that included wetlands and groundwater systems that were not connected to larger waterways. Prior to the decision by SCOTUS, FRA joined an amicus brief filed by a coalition that included several state forestry associations. The Biden administration released a “new” WOTUS rule in September 2023, without a public review period, that meets the intent of the SCOTUS decision.

European Union Deforestation Initiative (EUDR)

FRA has been closely tracking developments on the European Union Deforestation Initiative (EUDR), a recently enacted law requiring companies trading in cattle, cocoa, coffee, oil palm, rubber, soy, and wood, as well as products derived from these commodities, to conduct extensive due diligence on the value chain to ensure the goods do not result from recent deforestation, forest degradation, or breaches of local environmental and social laws. One of the more onerous provisions is its insistence that producers from even those countries categorized as “low risk” deploy geolocation tracking technology to ensure sustainable fiber sourcing. FRA participated in a recent meeting at the U.S. Trade Representative’s (USTR) office, where officials acknowledged the unworkability of the EU measure and pledged to continue to engage EU officials to revise the policy, which will take effect at the end of 2024.

Department of Labor Rulemaking

FRA monitored several rulemaking efforts that FRA provided comment on of the DOL. These include a final rule on independent contractor classification that could negatively impact the wood supply chain, a rule that would make more workers eligible for overtime pay, and a rule to develop a national heat standard to safeguard workers from working in intense temperatures. All these rulemaking efforts were due to be completed in 2023 but have been delayed by the DOL.

FRA Legislative Fly-In

In September, FRA held its first in-person legislative fly-in since 2019, with members from across the country taking part. Participants met with almost 100 congressional offices, half of which were meetings with Members of Congress. This was an excellent opportunity to advance our priority policy issues and educate legislators and their staff on the importance of the wood supply chain to the forest products industry. Regional and state teams worked to promote FRA policy priorities, emphasizing workforce development, transportation, and the carbon neutrality of forest-based biomass.

Looking Ahead to 2024

Several opportunities exist in 2024 to advance FRA’s policy priorities. These include:

Appropriations – FRA will work to include discretionary language recognizing the carbon neutrality of forest-based biomass and allowing the DHS to release supplemental H-2B visas in the final FY2024 spending bill.

Farm Bill – Continue our efforts to include the provisions of the Jobs in the Woods Act that would provide grants to forestry workforce programs and a definition of biomass that recognizes forest-based biomass as carbon neutral in energy production.

Transportation – Secure floor votes for a transportation supply chain package passed out of the House Transportation and Infrastructure Committee, including a pilot program for states allowing trucks to travel the interstate at 91,000 pounds and 6-axels, improved efficiencies in attaining a commercial driver’s license, and a 10 percent variance for trucks hauling dry bulk materials.

Tax – Extend key business tax benefits that have expired and/or are phasing out, including full expensing (100 percent bonus depreciation) and the research and development tax credit.

Regulatory Issues:

Independent Contractor Classification Final Rule. This was published on January 10 and will become effective on March 11. FRA will review and provide a summary of the implications of the final rule to our members.
Listing of additional bat species as endangered under the Endangered Species Act, including the tri-colored bat expected to be listed as endangered in September 2024 and the little brown bat Notice of Proposed Rulemaking anticipated in the fall of 2024.
Prepare and submit comments on the Notice of Intent to protect and recruit old-growth forests on federal lands.
Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule publication and comment period anticipated in 2024.

Woods to Mill

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Building Public Policy Engagement in 2023

Proposed National Forests Old-Growth Amendment

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