Judge announces ruling on CRP acres

Kansas

By Jennifer M. Latzke

U.S. District Court Judge John C. Coughenour handed down his final ruling in the matter of the Critical Feed Use provision of Conservation Reserve Program acres July 24. Coughenour ruled that there will be no acreage cap on the Critical Feed Use provision. Any haying of CRP acres under the Critical Feed Use provision must be completed by Sept. 30, and grazing must be done by Oct. 15. The original end date for use of CRP ground under the Critical Feed Use Provision was set for Nov. 10.

Rod Winkler, a specialist with the Kansas State Farm Service Agency, explained that his office had just received the ruling and were still looking at its ramifications for Kansas ranchers July 24. He did say that it appeared the temporary restraining order on haying and grazing was partially lifted for the provision, following the July 24 ruling.

"We're still looking into it, but it appears that those people who filed applications and were approved prior to the execution of the temporary restraining order on July 8 will be able to proceed as regulations provided for in the original notice," Winkler said.

"Except then any activity would then apply toward any future frequency of grazing and haying those acres. Those who applied but were not approved as of July 8 may be approved, but they will end with the Sept. 30 and Oct. 15 ending dates."

Essentially, this means that those who filed applications and were approved by July 8 may proceed with their haying and grazing plans, with the original ending date, Nov. 10, still in place. Those whose applications weren't approved by July 8 will have to abide by the new ending dates as handed down in the ruling. However, those who have yet to file applications for the Critical Feed Use provision, are still in limbo until provisions in the judge's ruling can be turned into policy issued through USDA, Winkler said.

"It's positive in that those producers who made applications can proceed," Winkler said.

"It's negative in that those who haven't applied yet still have to wait. We don't know what those provisions are, or the requirements that they'll have to meet. We're speculating at this time."

The U.S. Department of Agriculture and the National Wildlife Federation presented their compromise plan July 22. The Critical Feed Use provision was implemented by the U.S. Department of Agriculture May 27, with the sole purpose of alleviating some of the financial distress of ranchers faced with weather issues and high feed prices.

Two other "emergency" grazing provisions and drought disaster areas affiliates, Indiana Wildlife Federation, South Dakota Wildlife Federation, Washington Wildlife Federation, Arkansas Wildlife Federation, Louisiana Wildlife Federation, and the Kansas Wildlife Affiliation, argued the USDA should have completed an environmental assessment, in compliance with NEPA, before implementing the program on the proposed 24 million acres. They filed for an injunction July 1, with Judge Coughenour implementing a temporary restraining order July 8.

Jennifer M. Latzke can be reached by phone at 620-227-1807, or by e-mail at jlatzke@hpj.com. For updated information, please visit www.hpj.com.

Date: 7/17/08

article 2008- 30 - Judgeannouncesruling.cfm

Reader Comments Hill farmer — 08/05/2008 04:08:05 In our area we have a lot of crp, but most of it is not getting renewed because of the price of corn. The rules and regulations and the "outfits" suing to keep us from using OUR land for a better purpose are only hurting themselves now because the 10 year contracts are going out the window here. We would like to have voluntary buyouts for corn production and then be able to renroll back into crp later if the supply and demand levels out. Why pay tax dollars on land that can be farmed for a while. Not all of it should come out, but the more level and rolling ground should come out. If they would have offered a buyout sooner the price of corn maybe wouldn't be so high and now our inputs are through the roof! More corn would help level this off. The conservation practices today for growing corn and soybeans are far superior to the 1960's, 70's, & 80's. We can grow these crops without the soil loss of yesteryear. Although it is not about soil loss anymore, it as only about the wildlife, overpopulated deer, and common birds..... oh well, we will just wait until fuel is $9.00 a gallon and milk is $15.00 a gallon before we act. Maybe we can catch deer and get milk from them, and tie 500 birds to our cars and have them pull us around???! Food for thought. Reader Comments Purdy — 07/27/2008 05:07:23 I fenced my CRP, hauled in stock tanks and fixed water systems, spent the $$$ and got everything ready. Then on July 14th the day before I could start grazing I was going into the FSA office to do the paper work. Now I can't because I am one of the "Not applied yet". There was no deadline to apply and no reason to apply early. NOW WHAT!!! Reader Comments captken — 07/25/2008 11:07:39 Great, but now we are caught back in the government processes before anything can happen with the CRP land. I was told that no contracts had been approved at the Umatilla County, Oregon FSA office and none would be until new rules were written. We all know how long that takes. Again, who in America other than themselves and families even gives a damn about American farmers? I challenge you all to find any info about this serious CRP issue other than HPJ. Our government system is not designed for working farmers and those in charge could care less even when we complain. Article: Judge announces ruling on CRP acres Add Your Comment To post a comment on this story, enter your screen name and email address then click "Add Comment." Your email address will not be displayed. 114 Recommend | 3 Comments

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