In the last decade, production agriculture has begun a significant
transformation. Today, tens of thousands of farmers own stakes in
upstream rural-based businesses, hoping to boost their incomes through
dividends and supplier premiums rather than relying solely on the
whims of commodity agriculture. This surge of entrepreneurship entails
additional risks, although successful enterprises share basic traits
that can help avoid problem start ups (see p. 17,”Observations
of Successful Businesses”).
On the whole,
this ownership trend is generating new jobs, recirculating profits
locally and helping to revive depressed farm communities. Technological
advances that help speed the conversion from a petroleum-based economy
to a bio-based economy will also offer a rash of opportunities for
investment in rural industries in the coming decade.
What’s
important to recognize is that the transition to value-added agriculture
can be enhanced—if producers are willing to adapt, if public
and private interests prioritize research on technological advances
for plant-based fuels and materials, if regulatory agencies make
timely permitting decisions and if state and federal governments
remove barriers to rural business formation.
To achieve those
goals, farm leaders and policy makers should focus on: (1) redefining
U.S. agriculture’s strategic importance beyond a food-based
economy; (2) engaging a national effort to shift focus to basic
science research for bio-based products in the health, environmental
and energy needs of America; (3) fostering economically viable,
value-added business opportunities in rural areas; (4) encouraging
dynamic farmer-owned business models that can anticipate and take
advantage of market opportunities; and (5) increasing government
support for entrepreneurship and innovation in rural areas.
Specifically,
the Task Force recommends that policymakers and farm leaders:
Elevate
bio-based research and technology to a national priority.
• Establish
a national research priority to enable the U.S. to transition
from a petroleum-based economy to a plant-based economy.
• Support
an audit of current inventory of federal research to evaluate
the effectiveness of public and private investments in renewable
energy and materials. This will include renewable fuels, manure
management, plastics, pharmaceuticals, nutriceuticals, textiles,
building/construction materials, highway applications and chemicals.
• Encourage
federal research funding to promote transfer of new technologies
to rural commercial opportunities.
• Recommend
a federal initiative to support the rural broadband communication
act.
• Continue
to develop cost effective manure management practices to eliminate
environment problems from livestock facilities. This will ensure
the number one customer for grain and oilseeds stays in the United
States.
Encourage
farmer-owned brands by removing legal barriers:
• Simplify
the paths needed for farmers to register value-added brands.
• Enhance
intellectual property rights that would facilitate geographic
or other attribute branding (examples: Vidalia onions, Champagne,
Feta cheese)
Reform
producer-owned business structures to improve tax efficiency, easily
raise capital and offer investor liquidity.
• Authorize
308B type cooperatives in more states and change Sec. 521 to recognize
these new cooperative forms. This would allow hybrid structures
to qualify for Sec. 521’s preferred tax and securities status,
as long as a majority of the stockholders or equity owners actually
produce and deliver or market ag products for further processing
or manufacturing. The proposed changes would also allow Sec. 521
co-ops to obtain outside capital and issue minority interests
or issue preferred stock or equities and pay dividends of up to
18%.
• Facilitate
transformation of co-ops to new business structures by authorizing
tax and securities flexibility for farmer co-ops. Relax federal
tax and securities laws that treat conversion from a corporate
structure as a liquidation and equity in new entity as a securities
offering.
• Authorize
markets or equity exchanges for producer controlled entities,
cooperatives, LLCs, and corporations. Keeping equity liquid will
encourage investment and allow for timely exits as members age.
• Authorize
federal exemptions for producer-controlled projects where state
securities divisions approve offerings. A single-purpose project
that has no more than 1,000 investors, less than $50 million in
new equity capital and only has investors from contiguous states
could be exempt from SEC filing and reporting. Right now, small
projects must shoulder Enron-induced legal and accounting burdens
to raise equity.
• Allow
rural processing ventures to qualify for New Market Tax Credits.
This $3.5 billion federal program is targeted to impoverished
areas that have lost population in the last census. So far, most
of the rural aid has been directed at urban areas. The only success
in rural areas has been low-income, senior housing. Redirecting
some of those funds to rural manufacturing might generate more
economic impact.
• Authorize
flexibility in the energy bill tax credits to pass to producers
or be transferred to entities that can use the credits. Right
now, size limits constrain their usefulness.
• Authorize
Rural Electric Cooperatives and Mutual Companies to make investments
in qualified rural processing business and retain the profits
without jeopardizing their tax status. Right now, 85% of the earnings
must be related to the cooperative’s business with members.
• Improve
governance of co-ops by amending state laws that prohibit outside
directors on co-op boards. As farmer ventures become more removed
from production, boards need to tap more diversity and expertise
outside agriculture.
Foster
and fund value-added education and rural entrepreneurship:
• Establish
continuing education for value-added agriculture
- Provide
and conduct e-learning/seminars for producers to understand
co-op and business structure laws.
- Provide and conduct e-learning/seminars for producers to learn
how to write and effectively evaluate business plans.
- Provide and conduct e-learning/seminars for producers on basics
of investing.
- Provide resources for Co-op Board of Director education
• Establish
a rural development entrepreneurial online library (web information).
This could involve a clearinghouse that links all available resources
for value-added agricultural marketing.
- Access
to state co-op laws/regulations.
- Access to state and federal tax regulations.
- List prospective venture capitalists and their requirements
for consideration of investment.
- List resources and links of other well-established rural initiatives,
such as the Small Business Administration, Illinois Institute
for Rural Affairs, Purdue University’s Center for Agribusiness
or attorneys/accountants with specialties in cooperative law.
- Provide professional contacts for all state and federal permitting
processes.
• Establish
a for-profit rural development fund.
- Create
a mutual fund for producers to diversify their investments in
value-added enterprise.
- Create a team of investment and business planning experts
to evaluate potential rural business investments.
- A portion of producers’ initiation fee would be dedicated
to conduct professional research and analysis.
Conclusion
In
a more prosperous future for U.S. farm operators and their
communities, producers will need to seriously examine the
benefits of profiting from ownership in upstream businesses
or branded ventures, rather than raw commodities. A bio-based
economy can enhance opportunities for growers, but only if
they hold some stake as shareholders, rather than as vendors.
A transition to a more entrepreneurial Grain Belt agriculture
is not without pitfalls. In some cases, the failure of some
high-profile ventures has soured grower enthusiasm. But the
risk that U.S. agriculture will be under serious budget and
trade constraints in the next few years raises the specter
of reduced government price supports and lower incomes for
growers dependent on commodity prices alone. Rural incomes
and farm communities will benefit if national priorities begin
to encourage self-reliance and marketplace solutions. |
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