Soil and Water Conservation District Supervisor Vehicle Use

Jul 30, 2024 | Tennessee Farm Bureau

Key Takeaways

  • To provide technical assistance and implement programs on farms, the federal government provides vehicles for Soil and Water Conservation District (SWCD) employees to use to visit farms in their district.
  • However, a federal policy recently changed, still allowing non-federal employees to use these vehicles but no longer covering liability in the event of accidents or repairs.
  • In response, SB2896/HB2767 was introduced during the 2024 legislative session for the purpose of the state of Tennessee to assume liability for these non-federal employees, allowing the SWCD employees the ability to use these vehicles. This legislation did not pass.

Questions

  • How should TFBF policy address SWCD employees’ ability to obtain state liability protection when driving federal vehicles?

Background

Soil and Water Conservation Districts (SWCDs) serve as a partnership between local, state, and federal governments to improve soil erosion and water quality through conservation practices on farms. This partnership gives local SWCDs discretion over implementation of conservation practices funded by the United States Department of Agriculture Natural Resources Conservation Service. Each county in the state of Tennessee has a SWCD Board of Directors consisting of five people.

To provide technical assistance and implement programs on farms, the federal government provides vehicles for SWCD employees to use to visit farms in their district. For many years, these non-federal employees were allowed to use vehicles and the federal government would cover liabilities if these employees were involved in an accident while using the vehicle. However, a federal policy recently changed, still allowing non-federal employees to use these vehicles but no longer covering liability in the event of accidents or repairs.

As a result of this change, there is now only one qualified employee in most SWCDs (i.e. the district conservationist) who can drive these vehicles and be covered for liabilities. Because of this, on-farm inspections and technical assistance are delayed, projects take longer, and projects are ultimately not getting approved. If these projects do not get finished and the funds for them are not spent in a timely manner, the money is lost.

In response, SB2896/HB2767 was introduced during the 2024 legislative session for the purpose of the state of Tennessee to assume liability for these non-federal employees, allowing the SWCD employees the ability to use these vehicles. This bill passed the Senate with a unanimous vote but was ultimately not funded in the budget, meaning the bill did not pass.

Policy

Tennessee Farm Bureau
Conservation Compliance (Partial)
Regulatory decisions by NRCS and FSA personnel should be appealable to local boards or committees.

Soil Conservation (Partial)
World population growth places tremendous pressure on our soil and water resources. Soil resources are abused by accelerated soil erosion and stream sedimentation. Local Soil and Water Conservation Districts’ long range plans will slow soil erosion to acceptable soil loss levels. Lower soil erosion rates will enhance water quality.

American Farm Bureau
Role of USDA

  1. We recommend amending USDA policies and procedures that allow for employees to be justly compensated for travel whether they are driving their personal or government issued vehicle.