Articles in this document:

· Decision on Critical Feed Use Expected

· USDA Decision on CRP in Limbo

· Additional Counties Approved For CRP Emergency Haying

Decision on Critical Feed Use Expected

KTIC 840 Rural Radio - Nebraska

July 24, 2008

U.S. District Judge John Coughenour is expected to make a decision regarding haying and grazing on Conservation Reserve Program acres this (Thursday) morning. The judge halted critical feed use activity approved by USDA with a temporary restraining order issued on July 9th in response to a lawsuit filed by the National Wildlife Federation. That restraining order remains in effect.

Last Thursday - the judge ordered USDA and NWF to work together to develop a compromise plan and suggested limiting total acreage available to 2.5-million acres. The USDA reportedly proposed a cap of three-million acres. USDA also proposed changing the end dates for haying and grazing. While the NWF appears willing to accept that compromise - they want to limit the program to applications already received - which covers 1.8-million acres.

kticam.com

USDA Decision on CRP in Limbo

Schafer: USDA Awaiting Decision on Haying, Grazing Case Before Deciding How to Proceed on CRP Early Out

Chris Clayton DTN Staff Reporter

DTN AgDayta

Wed Jul 23, 2008 05:09 PM CDT

WASHINGTON (DTN) -- With another court hearing over Conservation Reserve Program land slated for Thursday in Seattle, Secretary of Agriculture Ed Schafer has shifted away from suggestions earlier this month that a decision on whether to allow an early out of CRP land was imminent.

Schafer had said before a hearing in the same court last week that he planned to make a quick decision on whether to allow early out without penalties. However, Schafer told DTN on Wednesday that the lawsuit brought by the National Wildlife Federation and the decisions by the federal judge in that case have complicated the situation.

"We're not sure how it's going to affect what we do in CRP in the short term or in the long run," Schafer said.

Schafer said USDA is waiting to see what U.S. District Judge John Coughenour decides Thursday on a preliminary injunction after the judge reviews the arguments laid out Tuesday by USDA and the National Wildlife Federation. The case stems from USDA's decision to allow haying and grazing on CRP land this summer and fall after the primary nesting season ends in individual states. USDA said such haying and grazing is needed to provide critical livestock feed.

Coughenour indicated last week that he would grant some type of preliminary injunction against USDA that would likely include some cap on the acreage that could be allowed in the haying and grazing program.

Coughenour questioned how USDA could make such a change to the CRP program without doing an environmental impact study. USDA spokespersons earlier this week indicated that USDA was not doing an environmental impact study for a possible early out. That would suggest that any early out would be delayed until such a study was done. Schafer said Tuesday he didn't know about the legal issues surrounding an environmental impact study.

"Until a judge gets a ruling, we're not going to know how it affects what we may or may not be able to do in the future," Schafer said.

On the haying and grazing program, USDA has already issued permits to 4,000 landowners on 1.78 million acres. USDA has received 10,000 applications that USDA could work through quickly if Coughenour allows USDA to move ahead with the livestock feed program, Schafer said.

"We'll hit the ground running as soon as the judge rules on the temporary restraining order," Schafer said.

online.dtn.com

Additional Counties Approved For CRP Emergency Haying

KTIC 840 Rural Radio - Nebraska

July 23, 2008

Manhattan, Kansas, July 22, 2008---Bill R. Fuller, State Director of the Kansas Farm Service Agency (FSA) announced today that emergency haying of Conservation Reserve Program (CRP) acreage has been approved for Grant, Hamilton, Morton, Seward, Stanton, and Stevens counties. Kearny County was previously approved for CRP emergency haying.

All counties approved for emergency haying are listed at D3-Extreme Drought or D4-Exceptional Drought according to the Drought Monitor.

All counties in Kansas, except Leavenworth, Lyon, Woodson and Wyandotte were previously approved for emergency grazing of CRP. Grant, Hamilton, Kearny, Morton, Seward, Stanton, and Stevens are the only counties approved for both emergency haying and grazing of CRP.

"This authorization provides relief for many Kansas livestock producers who have suffered through severe drought conditions for many years," said Fuller. "The drought has depleted hay supplies and affected the growth of hay and pasture in parts of Kansas. Many livestock producers cannot maintain their current herds without implementation of CRP emergency measures."

Emergency grazing in approved counties is allowed through September 30, 2008. Participants shall leave at least 25 percent of each field or contiguous CRP fields ungrazed for wildlife, or graze not more than 75 percent of the stocking rate. All livestock must be removed by the end of this grazing period.

Emergency haying in approved counties is allowed through September 16, 2008. Participants must leave at least 50 percent of each field or contiguous fields unhayed for wildlife. Hay must be removed from the field within 30 days from end of the haying period. Emergency haying and grazing is not allowed on the same acreage, and any other approved CRP haying or grazing is not allowed on the same acreage.

CRP participants in approved counties shall contact the local FSA county office to request emergency grazing on an individual contract basis prior to grazing. Participants will work with the Natural Resources Conservation Service to develop a forage management plan. If the CRP cover is destroyed, the practice must be re-established at their own expense to remain in compliance with the CRP contract.

Fuller emphasized that CRP emergency haying and grazing is unrelated to the injunction currently pending under CRP Critical Feed Use. Participants must also accept a 25 percent reduction in the annual rental payment for the acres actually hayed or grazed.

kticam.com