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Representatives hear constituents' CRP concernsBy Jennifer M. Latzke Late July 8, U.S. District Court Judge John C. Coughenour of the Western District of Washington issued a temporary restraining order that stops Critical Feed Use of 24 million Conservation Reserve Program acres across the country. On the morning of July 9, phones and e-mail inboxes of congressional representatives from the High Plains states affected by the order began to ring and chime. The temporary restraining order comes from the judicial branch of government, though. Legislators' hands are tied until a final decision on the legality of the U.S.Department of Agriculture's actions is handed down. That doesn't mean that House Agriculture Committee members haven't been busy, though. Rep Jerry Moran, R-KS, and Rep. Frank Lucas, R-OK, are two High Plains representatives fielding phone calls. "In the office, the phone calls have been significant," Moran said. "There are a large number of those affected who are calling on Congress to look for solutions. They ask how can this happen, and how can they plan decisions when the land can be available one day and gone the next." In Kansas, 194,000 acres are eligible for the Critical Feed Use provision, and 34 percent of applications have already been approved since sign-up began June 2. Moran said the Farm Service Agency has already collected $98,000 in administration fees, at $75 per contract. The opening up of CRP acres under the Critical Feed Use provision was supposed to help livestock producers faced with rising feed costs, Moran said. In fact, when USDA came out with its decision May 27, he was one of many congressmen to applaud the agency on its common sense solution. He said this issue, though, will have far-reaching effects on the broader debate over "feed versus fuel versus food." It may also have another side effect the National Wildlife Federation hasn't counted on. "Maybe the National Wildlife Federation feels it is protecting CRP, but it could have the unintended consequence of making the program less positive with Congress and landowners," Moran said. "There's an increasing opportunity to do other things with CRP grass than CRP." Lucas, meanwhile, has heard from his own concerned constituents. Oklahoma's CRP acres were opened for the Critical Feed Use provision July 2, after the nesting season had ended in the state. Oklahoma had 210,000 acres eligible for use under the provision. Lucas explained that the 10-day temprary restraining order on CRP acres under the Critical Feed Use provision would be an immediate hardship on the western one-third of his district, which covers the Oklahoma Panhandle. Panhandle producers have had a drought reminiscent of the 1930s, Lucas said, and have had an even more miserable summer. "The judge's order means they need to be off those acres immediately, but they didn't have anywhere to go to start with," Lucas said. They've already hired help, and invested in improvements to turn out cattle or to hay ground and now a judge in Seattle is telling them they can't do that, he added. "This shouldn't have happened in the first place," Lucas said. "I find it ironic that it's a northwest coast judge doing the ruling. It's happened, though, and we have to work through the legal process as best as we can." Lucas and Moran and their fellow High Plains leaders in Congress have impressed upon the legal counsel at the USDA just how important it is that this hearing process be sped up as much as possible. "We've asked the USDA legal team to get the federal judge in Seattle to speed up the hearing, so that he can change his mind and drop the order," Lucas said. He and his fellow congressmen will be looking at the language of the court's ruling. They hope that the judge will eventually decide on July 17 that the lawsuit filed by the National Wildlife Federation has no merits and that producers will be able to use the CRP acres. And, if the worst should happen and the judge rules in favor of the NWF, there are other options that may be available to some producers. "If we don't succeed, then my next request would be that in those counties declared as drought disaster areas, such as Cimarron and Texas counties, then producers could use the old drought CRP provisions." Instead of paying a $75 per contract charge, though, they would have to pay back some of the CRP rent. Lucas said it's not the preferred option, but that it would at least be something for those producers needing livestock feed. Once the judge rules, Lucas, Moran and their colleagues will be reviewing the legislation that governs the USDA and clean up whatever misunderstanding there may be regarding the use of CRP acres. "This is a very serious issue and a temporary injunction has serious consequences to livestock producers in Kansas and across the country," Moran said. "Fences have been set and stocking decisions have been made. "I hope that the judge took into account the consequences and the significance of this injunction and didn't decide to do this lightly," he added. "You can't just stop for 10 days and take a look. In 10 days lots of losses can and will occur." Jennifer M. Latzke can be reached by phone at 620-227-1807, or by e-mail at jlatzke@hpj.com. 7/21/08 Date: 7/17/08 Advertisement
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