The Critical Feed Use provision today
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The Critical Feed Use provision today

A federal judge in Seattle handed down his ruling in the matter of the Critical Feed Use provision for Conservation Reserve Program acres July 24. While the narrow permanent injunction allows haying and grazing of CRP land under the provision, it does restrict that usage.

In Category A, if producers filed their applications by July 8, and were accepted, they may continue with their haying and grazing plans under the original provision. They must comply with their Modified Conservation Plans and their forage use must be completed by Nov. 10.

Under Category B, producers who filed their applications by July 8, but were not accepted, may still have their applications processed. If they are approved, any haying of CRP acres under the provision must be completed by Sept. 30. Any grazing must be finished by Oct. 15.

Category C includes those producers who had yet to file applications by July 8. If they wish to apply, they will need to have a reliance statement included in their application. The reliance statement should indicate the extent which they would rely on that ground for their livestock, and if the producer invested in preparing the ground for haying or grazing. They must also provide documentation of expenses of $4,500 or more. If their contracts are approved, they may be able to hay until Sept. 30 or graze until Oct. 15.

A Farm Service Agency notice explained only CRP participants are eligible for Category C authorization under the $4,500 investment requirement. And, while some county FSA offices may have known about interested applicants prior to July 8, only those applications signed by all required CRP participants before July 8 are considered "filed" under the injunction.

For more information about the Critical Feed Use provision, and how it applies to your situation, call your local FSA office.

9/1/08
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Date: 8/28/08


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