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NEWS Farm Service Agency Public Affairs Staff 1400 Independence Ave SW Stop 0506, Room 3624-South Washington, D.C. 20250-0506
Release No. 1535.06
Contact: Stevin Westcott (202) 720-4178
WASHINGTON, Oct. 5, 2006 - USDA Farm Service Agency (FSA) Administrator Teresa Lasseter today said that in some states USDA will limit managed haying and grazing on Conservation Reserve Program (CRP) acres from once every three years to once in every ten years. The change is part of a settlement that also changes the definition of primary nesting and brood rearing season back to pre-2002 Farm Bill dates.
"The settlement is limited to certain states and does not affect emergency haying and grazing," said Lasseter. "Under the agreement, USDA also plans to conduct an additional environmental analysis as soon as possible with respect to managed haying and grazing on CRP acreage."
The federal government settled with the National Wildlife Federation and several of its state affiliates regarding a complaint filed in U.S. District Court for the Western District of Washington state. The complaint, filed Oct. 21, 2004, challenged certain provisions of managed haying and grazing on CRP acreage.
The lawsuit alleged that the managed haying and grazing practices violated the National Environmental Policy Act (NEPA), the Food Security Act of 1985, and the Administrative Procedure Act. Specifically, the lawsuit challenged the frequency allowed for managed haying and grazing on CRP acreage. It also challenged the dates set to define primary nesting and brood rearing seasons that limited the activity.
The settlement is limited to certain states. It applies to new contracts, including re-enrollments, in those states approved after Sept. 25, 2006, and also applies to contract extensions in those states approved after that date if the participant had not previously been approved under the CRP contract for managed haying and grazing.
Under the settlement agreement, pending the completion of a NEPA analysis, the following requirements apply to the affected contracts: - The frequency of managed haying is limited to no more than once every 10 years in all or a portion of the following states: Ariz., Calif., Colo., Idaho, Kan., Mont., Neb., Nev., N.M., N.D., Okla., Oregon (east of the Cascade Mountain range), S.D., Texas, Utah, Wash. (east of the Cascade Mountain range) and Wyo.
- The frequency of managed grazing is limited to no more than once every 10 years in all or a portion of Ariz., Idaho, Nev., N.M., Oregon (east of the Cascade Mountain range), Utah and Wash. (east of the Cascade Mountain range).
- The frequency of managed grazing is limited to no more than once every five years in Colo., Kan., Mont., Neb., N.D., Okla., S.D., Texas and Wyo.
- The primary nesting season dates revert to pre-2002 Farm Bill levels for: Ariz., Calif., Colo., Kansas, Idaho, Mont., Neb., Nev., N.M., N.Y., N.D., Okla., Oregon, Texas, S.D., Utah, Wash., Wis. and Wyo. The primary nesting season dates for Ind. change to April 1 to August 1.
The planned additional environmental analysis will address managed haying and grazing in the states affected by the agreement. FSA expects to complete the analysis within 24 months.
Additional information on the settlement agreement, including a map depicting the geographic locations, is available online at: http://www.fsa.usda.gov/Internet/FSA_File/353646- nt_agreement_states.pdf (map).
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