CRP Ruling a Victory for Wildlife Friday, July 25, 2008 Judge issues injunction to stop widespread haying and grazing on Conservation Reserve Program lands A U.S. District judge today issued a permanent injunction against the U.S. Department of Agriculture’s (USDA) program allowing widespread haying and grazing on Conservation Reserve Program lands. The injunction allows those who have already applied to the program or who have made farming decisions based on it to move forward, but forbids opening additional Conservation Reserve Program lands.  The Honorable John C. Coughenour ruled for the plaintiffs — the National Wildlife Federation, Indiana Wildlife Federation, South Dakota Wildlife Federation, Washington Wildlife Federation, Nebraska Wildlife Federation, Louisiana Wildlife Federation and Kansas Wildlife Federation finding that the USDA violated the National Environmental Policy Act by failing to study the environmental impacts of its action before implementing the program. The decision reduces the number of acres open to increased haying grazing from 24 million to less than 2 million. “USDA tried to turn one of America’s most important conservation programs into a farm subsidy program, putting wildlife at risk throughout the country,” said Tom France, Regional Executive Director of the National Wildlife Federation’s Northern Rockies Natural Resource Center and lead counsel on the case. “Today’s ruling sends a clear message to USDA that it must follow the law in reviewing potential harmful impacts to wildlife and habitat before it makes sweeping decisions.” “Judge Coughenour’s opinion guarantees that conservation remains the top priority and purpose of the Conservation Reserve Program, while taking into account the financial needs of the landowners already invested in opening their lands to increased haying and grazing,” said Julie Sibbing, Senior Program Manager for Agriculture Policy at the National Wildlife Federation. “We hope in the future USDA will follow the law and conduct a proper environmental assessment before it implements new policies regarding Conservation Reserve Program lands.” The Conservation Reserve Program (CRP) is America’s largest private lands conservation program, covering nearly 35 million acres of land. Farmers enrolled in the program help provide wildlife habitat, protect wetlands, and keep over 450 million tons of topsoil, pesticides, herbicides and fertilizer out of rivers every year. On May 27, the USDA announced plans to allow landowners holding CRP contracts to modify their contracts, without reimbursing taxpayers, allowing haying or grazing on 24 million acres of habitat this year. The National Wildlife Federation and six affiliate organizations filed suit against the USDA on June 30, arguing that the agency failed to look at the environmental impacts of the action as required under the National Environmental Policy Act. On July 8, the court issued a temporary restraining to halt the program "The USDA wanted to sacrifice decades of progress for small, short term gains,” said Ben Deeble, biologist for the National Wildlife Federation. “For wildlife like the greater sage-grouse and Columbian sharp-tailed grouse that are struggling in many places, we have an obligation to avoid any action that might push them closer to extinction.  For other species like several types of ducks that are produced in abundance on CRP habitats, we should maintain this bounty.” The judge ordered the following as part of the injunction: ·    In recognition of the good faith of those who acted in reliance on USDA’s authority to issue contract modifications related to the critical feed use program, all those who had applied for contract modifications prior to the judge’s issuance of a temporary restraining order on July 8th, (1.78 million acres) may proceed to hay and graze these lands. ·    No additional applications for the critical feed use program may be accepted by the Farm Service Agency unless the applicant can make a showing of having invested at least $4,500 in anticipation of participating in the program.  For these additional applicants, all haying shall be completed prior to September 15 and all haying shall be completed by October 15, 2008. ·    Those who participate in the critical feed use program cannot hay or graze lands enrolled in CRP again except pursuant to a managed haying or grazing contract modification that is consistent with previously established standards for CRP haying and grazing. The injunction will not affect the carefully balanced, "managed haying and grazing" or "emergency haying and grazing" already allowed on CRP lands, which is not opposed by the National Wildlife Federation. Farm Bill 2008 Conservation & Energy Summary NWF Says Conservation Funding in New Farm Bill Falls Short While Congressional leaders claim the new Farm Bill will add billions in 'new spending' for conservation, the facts are that overall funding for conservation in the 2008 Farm Bill will drop in 2008 and 2009 from the 2007 program levels approved in the 2002 Farm Bill. The 2002 Farm Bill authorized $4.62 billion in 2007 for the major USDA conservation programs. The 2008 Farm Bill authorizes just $4.28 billion for major USDA conservation programs in 2008, and $4.46 billion in 2009. Factoring in inflation, real spending on USDA conservation programs does not return to 2007 authorized levels until 2012. The bill shifts also over $3 billion (over five years) from programs that provide fish and wildlife habitat to 'working lands' and other conservation programs that impact wildlife in less direct ways (if at all). Considering inflation in land, energy, and other prices since 2002, the new Farm Bill will certainly not provide any 'windfall' in conservation dollars. Read below for a summary of the key provisions of the new Farm Bill with respect to conservation, noting the various positive(+), negative(-), and neutral provisions. Positives Grassland Reserve Program Continues program, for which new money had to be secured, allowing for an additional 1.2 million acres over five years $300 million estimated over five years Requires grazing management plan approved by USDA, but does not allow for any alteration of plan unless both parties agree Conservation Stewardship Program New enrollment target of 12.8 million acres per year Restores $1.1 billion in funding cut in previous Congress Nationwide program, simplifies program statutes USDA to designate 3-5 priority resources of concern in each state or watershed Designates agricultural drainage a conservation practice, fundable under the program Compliance Provides for a second level of review of highly erodible lands and Swampbuster compliance determinations with State level FSA and NRCS heads Public Access and Habitat Incentives ('Open Fields') Grants to states and tribes to encourage wildlife-dependent recreation access $50 million total funding over four years (2009-2012) Forestry Bans importation of wood products harvested illegally in other countries Continues Healthy Forest Reserve Program, $9.75 million/year funding 2009-2012 Endangered Species Recovery Act Provides tax deduction for expenses for endangered species recovery actions Tax Credits for Conservation Easements Extends tax credits for donations of conservation easements through 2009 Bioenergy/Energy Efficiency Nearly doubles the Rural Energy for America (REAP) program (to $255 million) to help farmers and rural businesses become more energy efficient and to effectively use renewable technologies $95 million for existing biorefineries to switch to using renewable biomass to power their operations $60 million authorized for a Forest Biomass for Energy program to encourage use of "low value" forest biomass for energy $20 million for Rural Energy Self-Sufficiency Initiative Negatives Conserving Native Prairies (SodSaver) No nationwide SodSaver provision Landowners continue to get subsidized crop insurance to destroy native prairies New disaster assistance program will increase incentives to destroy even the most marginal of grassland areas A governor-level "opt-in" program to deny crop insurance and disaster eligibility for newly-broken lands in parts of five states, that could lead to accelerated sodbusting Conservation Reserve Program Cuts program acreage cap to 32 from 39.2 million acres Changes eligibility date so land broken since 2002 is now eligible for CRP Requires annual survey of rental rates, but does not require USDA to use them for CRP Allows increased grazing of lands, including grazing of CRP buffers up to 60 days/year Wetlands Reserve Program Eliminates annual enrollment target, making it harder to ensure that program is fully funded by appropriators each year Extends program at lower annual enrollment level than current law ­ Caps cost-share for restoration at $50,000 per landowner per year Restricts eligibility for farmers who owned a wetland less than 7 years, and who bought the land to enroll it in the program Provides for a Wetlands Reserve Enhancement Program that can include allowing easement lands to retain grazing rights Wildlife Habitat Incentives Program Continues program at current level of $85 million per year Limits program to agricultural, non-industrial forest, and tribal land Limits cost share payments to $50,000 per year per landowner USDA can prioritize projects implementing state/regional/national conservation plans NRCS State Technical Committees Leaves US Fish & Wildlife Service off State Technical Committee membership list, which advises NRCS on implementing conservation programs Neutral Environmental Quality Incentives Program Increases funding by $3.4 billion over five years, to $7.3 billion for 2008-2012 Continues to designate 60% of funding for livestock production practices Adds forest management on non-industrial forest land to EQIP eligibility Recognizes energy conservation and conversion to organic farming as eligible Reduces payment limit to $300,000 over 6 years (with USDA authority to allow more) Earmarks $150 million over 4 years to help producers comply with air quality laws $280 million over 4 years to promote water quality and water conservation Does not require EQIP-funded water savings to improve stream flow or groundwater level Farmland Protection Program Reauthorizes program, substantial increase in funding (to $743 million over five years) Certification required for entities qualified to hold FPP easements Biomass Crop Assistance Program Creates a new program, with estimated costs of $70 million for incentives for farmers to grow and transport fuels for biomass energy Makes all nonindustrial private forest land eligible for project funding, even if native forests are destroyed to plant moncultures (which is discouraged, but not prohibited) Only assists landowners that already have formal relationship with an energy facility does nothing to help get them to this point Biofuels Extends the current blenders tax credit for corn-based ethanol beyond 2010 Reduces blenders credit for corn ethanol to 45¢/gallon from 51¢/gallon starting in 2009. Creates a new $1.01/gallon tax credit for production of cellulosic biofuels through 2012. Provides financing for cellulosic refineries (grants and loan guarantees) at up to $920 million, including grants of up to 30% of cost for demonstration scale plants and loan guarantees for up to $250 million each for commercial-scale advanced fuel biorefineries $400 million for Bioenergy program for Advanced Biofuels, most of which will continue to fund soy biodiesel operations Up to $258 million for Biomass Research and Development $20 million authorized for a new small-scale Community Wood Energy Program