Last night, the U.S. Department of Agriculture announced it would release funds already granted to farmers through the Rural Energy for America Program (REAP) and two other programs that pay for energy production and efficiency. However, the agency is requesting farmers make changes to their project contracts so that they align with Trump directives on energy production and DEI, a task experts say may not be legal or possible.
These grants were paid for by President Biden’s Inflation Reduction Act (IRA), and many small farms used the funds as a cost-share to afford solar arrays on their land, simultaneously reducing their long-term energy costs and greenhouse gas emissions.
In a day-one executive order, Trump ordered agencies to freeze that funding and to determine whether the grants aligned with policies to “unleash America’s affordable and reliable energy.” A separate executive order directed all agencies to terminate funding related to diversity, equity, inclusion, and accessibility (DEIA), which are also known as DEI initiatives.
In yesterday’s announcement, the USDA said farmers will have 30 days to voluntarily edit their projects to “remove harmful DEIA and far-left climate features.”
“President Trump made tackling America’s energy emergency a top priority from day one, and this review allows rural energy providers and small businesses to realign their projects with that mission,” Secretary of Agriculture Brooke Rollins said in the release.
But Hana Vizcarra, senior attorney at Earthjustice, said that it’s not clear how farmers who installed solar panels might do that, since the order is primarily about boosting fossil fuel production. Since Congress allotted the funds for specific types of projects, she added, the agency can’t legally go back and change what the money is used for.
“I think they’re being completely disingenuous. This is about finding another way to deny farmers what they’re owed,” Vizcarra said. “To me, this is not any more reasonable or lawful than the blanket freeze.” Earthjustice is currently suing the USDA over its freezing of IRA funds.
In a letter sent to farmers with REAP grants today, the agency said that if farmers don’t make updates through a web portal the USDA has set up, “it will be considered that they do not wish to make changes to their proposals, and disbursements and other actions will resume after the 30 days.” The USDA did not respond to a question regarding what “other actions” officials might take. But within other programs, they have been canceling individual contracts they determine don’t align with Trump’s order on DEI. (Link to this post.)
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