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Organizations respond to restraining order

By Doug Rich,
Larry Dreiling
and Jennifer M. Latzke

It's been a full week of responses to the July 8 temporary restraining order on the grazing and haying of 24 million CRP acres, handed down by U.S. District Court Judge John C. Coughenour.

Livestock producers have been in contact with their representative organizations, which have been formulating responses to the National Wildlife Federation's challenge of the U.S. Department of Agriculture's decision to open up CRP acres under a Critical Feed Use provision.

Oklahoma Cattlemen's Association

The Oklahoma Cattlemen's Association (OCA) is joining with the National Cattlemen's Beef Association (NCBA) and others supporting USDA.

"We spent the last couple of days talking to producers across the affected area trying to ascertain some monetary value for the expenses they have had in trying to prepare to get onto CRP ground," Scott Dewald, OCA executive vice president, said.

"We are in the process right now of providing the court with actual producer information regarding the costs they have already incurred regarding water systems, fencing systems, transportation, hay equipment and anything that one would have to purchase to make CRP ground ready for cattle or to hay."

Quite a few cattlemen in Oklahoma had already turned cattle onto CRP ground at the time of the restraining order. The issue is compounded by the fact that Oklahoma has some pretty drought-stricken parts of the state, especially Cimarron County.

"They have been under the impression for some time that they may have access to CRP acres at conclusion of the nesting season which was July 2," Dewald said. "As early as April this year we had been working with the Secretary and others to determine whether or not we could have that option."

"For many producers the last hope they had of keeping their herds together was the opportunity to use some of that CRP after the nesting season," DeWald said. "They were geared up to do that as soon as possible. Many had already purchased hay just so they could keep their cattle around long enough to get on CRP and rest their native pastures."

National Cattlemen's

Beef Association

On July 15 a coalition of American farm organizations filed an Amici Curiae brief in support of the USDA decision to release the 24 million acres of CRP ground.

"Reversing the USDA decision at this late date would be the last straw for many cattle producers who are already on the brink of going out of business," said Andy Groseta, NCBA president and cattle producer from Arizona. "With a continuing drought, historic feed costs and skyrocketing hay prices, cattle producers need this land to be able to feed their cattle as well as continue their land stewardship. The relationship between cattle producers and conservation has never been stronger, yet in today's economy we need to be able to both conserve and use the land. We ask that the court consider the impact that NWF's actions have caused to America's farmers and ranchers."

More than 50 producers submitted declarations to NCBA to be used in the brief. Throughout these declarations, producers discussed the expenses they have incurred and losses they expect due to the NWF's temporary restraining order. Cattle producers have already invested more than $800,000 in equipment, water, leases and fencing according to the submitted declarations.

In addition to the NCBA the coalition filing the brief include several affiliates such as the Idaho Cattle Association, Iowa Cattlemen's Association, Kansas Livestock Association, Nebraska Cattlemen, New Mexico Cattle Growers, Oklahoma Cattlemen's Association, Texas and Southwestern Cattle Raisers, Texas Cattle Feeders Association, Washington Cattlemen's Association, and the Washington Cattle Feeders Association. Additionally, the American Farm Bureau Federation (AFBF) and the National Pork Producers Council (NPPC) joined the coalition.

R-CALF USA

R-CALF members vented their frustration with the current situation in a news release from their organization. Many of them had already spent time and money preparing to graze CRP acres.

"If these groups are worried about an environmental impact statement, they ought to look at the condition of the native range, which has taken a beating and this program was going to be the bridge to try to get us down the road," R-CALF member Gerald Schreiber from Woodrow, Colo., said. "Any piece of the CRP I've ever used is improved over the long-term. We are not going to abuse the CRP land."

"This decision is a real slap," Schreiber said. "People have been fencing. They have been anticipating this because hay is $150 a ton or more. This will continue to cause damage to our native range because we no longer have any options for moving our cattle."

Steve Parker, R-CALF member from the Oklahoma Panhandle, said in an R-CALF news release that he has already made several trips to town to visit with officials at his Farm Service Agency office.

"Right now, I understand they are scrambling to decide what do with our $75 CRP sign-up fee," Parker said. "We gave that money in good faith. I spent the better part of three weeks building fence and moving tanks, scrambling to figure out how we are going to water these cattle. Now some judge in Washington is telling me I can't run cattle on this ground. I am upset."

Bill Bullard, R-CALF chief executive officer recommended producers in drought-stricken areas contact their state attorney general to ask their state to immediately intervene in the lawsuit that is currently blocking access to CRP acres.

Colorado

Cattlemen's Association

Members of the Colorado Cattlemen's Association were in the process of updating their CRP acres under the new provision when news of the court ruling came.

"We're very disappointed in the court ruling," Terry Fankhauser, executive vice president of CCA, said. "Many producers have already purchased or leased fencing material, haying equipment, things like that to harvest that forage or to raise cattle on those lands. The paperwork had been filled out. I know numerous FSA offices had hundreds of people call. With the drought and the condition that things are in, in eastern Colorado, what we are going to see is a lot of cattle heading to the auction market earlier or cattle that weren't planned for sale will have to be marketed."

Fankhauser said CCA has been busy contacting Colorado's congressional delegation, the White House, USDA and have gone through the court system to try to expedite the process.

However, Fankhauser doesn't agree that USDA is entirely blameless in this issue.

"If you follow the ruling on this case, it would appear that USDA didn't follow their own manual," Fankhauser said. "I think that's inexcusable, the situation producers have been put in. We support emergency haying and grazing while at the same time we support a reduction in payment."

Ducks Unlimited

Barton James, director of Agriculture Conservation Policy for Ducks Unlimited, represents one conservation organization that's coming to the defense of ranchers.

"Ducks Unlimited supports this decision to provide much needed relief to America's ranchers through wisely managed CRP lands," James said. "This action will maintain the viability of the program in the face of high pressure to open the land to conversion and cultivation that threatens grass-based agriculture. DU has long said that well managed ranching and duck nesting habitat work well together, and this move underscores how CRP serves both cattle and waterfowl. Without the land being protected under the Conservation Reserve Program, we would not have the needed reserves to protect grass-based agriculture.

"Large expanses of CRP are critical to waterfowl and wildlife, but so is maintaining a viable ranching industry," James continued. "Having CRP evolve to continue to work for ranchers is critical to sustaining the ranching industry, as well as supporting wildlife populations across the prairie pothole region."

7/21/08
1 Star WK\8-B

Date: 7/17/08


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