AFBF Supports Carrying Out Feed Programs as Intended (08/14/08)

The American Farm Bureau Federation supports legislation introduced in Congress that would require the Agriculture Department to carry out the Conservation Reserve Program’s (CRP) Critical Feed Use Program as initially intended when the program rules were released in May.

S. 3337 introduced by Sen. Pat Roberts (R-Kans.) and H.R. 6533 introduced by Rep. Jerry Moran (R-Kans.) are identical bills that would allow all farmers and ranchers to participate in the Critical Feed Use program, not just those farmers and ranchers who have met the $4,500 proof of investment. The Agriculture Department originally authorized acreage in the CRP to be available for haying or grazing after primary nesting season ends for grass-nesting birds.

“This legislation will allow farmers and ranchers to hay or graze CRP acres under USDA’s original Critical Feed Use criteria. It ensures that the program is carried out as originally intended,” AFBF President Bob Stallman said. “Congress will begin its August recess and AFBF is urging Farm Bureau members to contact their representatives and senators while they are back home to urge them to support S. 3337 and H.R. 6533.”

Meanwhile, AFBF has requested that Agriculture Secretary Ed Schafer seek a motion for reconsideration before the Western District Court of Washington that would enable farmers and ranchers who sought, but were refused application, to apply for the Critical Feed Use program. In a letter to Schafer, Stallman also asked USDA to seek to reduce the $4,500 investment to a more reasonable amount. The $4,500 investment requirement was a part of a July 24 ruling by a federal judge in Seattle.

The July 24 ruling by District Court Judge John Coughenour allowed conditional haying and grazing on CRP land through the Critical Feed Use program. The program was challenged by a lawsuit from the National Wildlife Federation, claiming USDA did not follow proper procedures regarding an environmental assessment.

The decision by Coughenour allows producers who already received approval to participate in the program to continue to hay or graze their lands enrolled in the CRP through the original Nov. 10 deadline. Farmers and ranchers who sent applications but have not yet received approvals will have their applications processed. If approved, those producers may hay until Sept. 30 or graze until Oct. 30.

However, many producers did not benefit from the Court’s ruling, and county Farm Service Agency (FSA) offices routinely turned away producers who went to the offices prior to July 8 to apply for the Critical Feed Use program. Stallman said both the legislation introduced in Congress and the letter to the agriculture secretary are designed to ensure that applications to USDA programs be accepted when farmers choose to apply.

“Eligible producers should never be turned away from any FSA office,” Stallman emphasized to the agriculture secretary.

Although there has been a decision in the CRP critical feed use case, Stallman emphasized that the legislation is needed to enable all farmers and ranchers to participate in the program.

USDA announced the critical feed use program to allow producers to hay or graze their CRP lands with no reduction in their regular CRP payments to boost forage available for grazing and hay production. The program was developed with the goal of providing some relief for livestock producers facing record-high feed costs. According to USDA estimates, the initiative would generate around 18 million tons of hay worth approximately $1.2 billion. The critical feed use initiative is not related to emergency use of CRP land.

AFBF News Release