Friday August 28 Ag News

Common Sense Nebraska Coalition Reacts to Court Action to Halt EPA and U.S. Army Corps of Engineers “Waters of the U.S. Rule”
Statement by Steve Nelson, President, NE Farm Bureau

"Yesterday's action by the District Court for the Southeastern Division of the District of North Dakota is a win for Nebraska farmers, ranchers, homebuilders, electric utilities, golf courses and all Nebraskans who turn the soil.”

“We are pleased this overly broad and closed-minded approach taken by the federal government to massively expand the Environmental Protection Agency (EPA) and the U.S. Army Corps Engineers has been put on hold.”

"From the beginning we've maintained that this rule was not about protecting water quality, but instead was an effort to expand the EPA's jurisdictional powers over private property and trump the rights granted to the states by Congress under the Clean Water Act in regard to managing water quality. The District Court’s action is validation of our overriding concerns.”

“We greatly appreciate the ongoing efforts of Nebraska’s elected officials including Nebraska Attorney General Doug Peterson, who initiated Nebraska’s legal actions against the rule. We thank Governor Pete Ricketts for helping raise public awareness of the consequences of this misguided rule.”

“We also want to thank all members of Nebraska’s Congressional Delegation, especially U.S. Sen. Deb Fischer, U.S. Sen. Ben Sasse, Congressman Adrian Smith and Congressman Brad Ashford for leading the legislative fight in Washington D.C.”

Common Sense Nebraska is a diverse, Nebraska-based coalition consisting of organizations and entities that have united in response to the EPA’s “Waters of the U.S.” Rule; a regulatory proposal that would harm both rural and urban Nebraskans through expansion of the EPA’s powers and authorities under the federal Clean Water Act. The coalition’s purpose is to build awareness and understanding of the EPA proposal and the impacts it would have to Nebraskans. For more information visit Common Sense Nebraska on Facebook.

Common Sense Nebraska Coalition members include:
AKSARBEN Club Managers Association
Association of General Contractors - NE Chapter
Farm Credit Services of America
Iowa-Nebraska Equipment Dealers Association
National Federation of Independent Businesses/Nebraska
Nebraska Agribusiness Association
Nebraska Association of County Officials
Nebraska Association of Resource Districts
Nebraska Bankers Association
Nebraska Cattlemen
Nebraska Chamber of Commerce and Industry
Nebraska Cooperative Council
Nebraska Corn Board
Nebraska Corn Growers Association
Nebraska Farm Bureau Federation
Nebraska Golf Course Superintendents Association
Nebraska Grain and Feed Association
Nebraska Grain Sorghum Association
Nebraska Grain Sorghum Board
Nebraska Pork Producers Association
Nebraska Poultry Industries
Nebraska Rural Electric Association
Nebraska Soybean Association
Nebraska State Dairy Association
Nebraska State Home Builders Association
Nebraska State Irrigation Association
Nebraska Water Resources Association
Nebraska Wheat Growers Association
Nemaha Natural Resources District
Pawnee County Rural Water District #1



Federal Court Ruling in North Dakota Blocks Implementation "Waters of the United States" Rule
 
National Cattlemen’s Beef Association President Philip Ellis statement regarding Federal Court ruling in North Dakota that will Block EPA and the Army Corps' “Waters of the United States” rule.

“America’s cattlemen and women applaud the decision of the federal judge in North Dakota to block EPA’s “waters of the United States” rule, which was set to go in effect tomorrow, August 28. EPA’s rule is nothing more than an attempt to put more land and water under federal jurisdiction, blatantly disregarding private property rights. Over the last year and a half, the agency continually ignored the concerns of the U.S. Army Corps of Engineers, farmers, ranchers and landowners across the country, to the point of calling the concerns of cattle producers ludicrous. In fact, only six months after receiving over one-million comments the agency pushed forward to finalize the rule, a clear indication there was no intention of considering public comment or stakeholder input. While the EPA claims it clarifies the Clean Water Act, even the Army Corps, which shares jurisdiction over the rule, has serious concerns for the scientific basis of the rule making. In a statement released shortly after the decision was made, an EPA spokesperson said the ruling only holds for 13 states and that they plan to implement the rule in all others on Friday. If the EPA actually wants to protect navigable waters as it claims, they will put this subjective and ambiguous rule to rest and start over with stakeholders at the table this time around.”



American Farm Bureau Federation on Injunction Against EPA Water Rule
Statement by Bob Stallman, President

“Last night Chief Judge Ralph Erickson of the District Court of North Dakota issued an order to stop the EPA’s Waters of the U.S. rule in its tracks. He found strong evidence that the EPA was arbitrary and capricious in its rulemaking. He saw no connection between key provisions of the rule and science that was presented to support it. Based on evidence presented so far, he ordered that the rule be stopped while the litigation continues to a conclusion.

“We applaud the court’s decision. The so-called Clean Water Rule is yet another example of EPA’s reckless and unlawful behavior in the face of science, economics and the law. Whether you’re a farmer, a rancher, a homebuilder or landowner of any stripe, the evidence is clear: This rule simply has to be stopped.

“Even in the face of this court order, EPA is reportedly asserting it will enforce the new rule in the 37 states that are not part of the North Dakota lawsuit. Thus, for much of the nation, this unlawful rule will continue to create uncertainty and legal risk for commonplace land uses like farming and ranching. It’s clear that now is the time for Congress to act and pass S. 1140 to send EPA back to the drawing board. We won’t stop until this rule is finished.”



NCGA Supports North Dakota Court Decision, Urges Senate Action on WOTUS
Yesterday afternoon, the U.S. District Court for the District of North Dakota issued a preliminary injunction against the Environmental Protection Agency and the U.S. Army Corps of Engineers, postponing implementation of the “Waters of the U.S.” (WOTUS) rule.

Chip Bowling, president of the National Corn Growers Association and a farmer from Newburg, Maryland, issued the following statement:

“We support the judge’s decision in North Dakota, which should give the courts and the public more time to figure out how to proceed with WOTUS. The Army Corps of Engineers has stated this rule is not based on science or law and is unlikely to withstand a legal challenge. When even the federal agencies responsible for this rule can’t agree on its constitutionality, it’s time for EPA to withdraw the rule and start this process over.

“It is EPA’s view that this injunction only applies to the 13 states that filed the request. We believe EPA is incorrect. It certainly wouldn’t be the first time. Whether the injunction applies to 13 states or all 50, the WOTUS rule will have serious consequences for every farmer and rancher in America. It must not be allowed to stand. From the beginning, we have asked for a rule that provides farmers with clarity and certainty about their responsibilities under the Clean Water Act. Instead, what we got was less clarity and less certainty – along with more paperwork, more permits, and more hassle.

“This court decision reinforces the need to permanently repeal the WOTUS rule. We urge the Senate to pass S. 1140, the Federal Water Quality Protection Act, as soon as possible. This law will force EPA to withdraw WOTUS and work with farmers and other stakeholders to rewrite the rule.

“Clean water is important to all of us. NCGA is committed to working with the EPA, the Corps, and other stakeholders to protect America’s water resources.”



NPPC Urges Delay In ‘Waters of the U.S.’ Rule

Following yesterday’s federal court injunction against a new Clean Water Act (CWA) rule, the National Pork Producers Council today strongly urged the Obama administration to delay implementation of the regulation, which would adversely affect hundreds of thousands of farmers, businesspeople and landowners. The organization also again asked the administration to withdraw it and to work with the agriculture and business communities to craft a rule ensuring the cleanliness of the nation’s rivers, streams and other waterways that the public can understand and with which it can easily comply.

“NPPC applauds the District Court’s decision,” said NPPC President Dr. Ron Prestage, a veterinarian and pork producer from Camden, S.C. “The rule that was blocked is vague and fails to let regulated parties know when their conduct violates the law.

“We all want clean water, but this regulation isn’t about clean water. This massive land grab is about federal control of private property, growing the size of government and allowing activists to extort and micromanage all kinds of farming and business activities.”

The “Waters of the United States” (WOTUS) rule was proposed in April 2014 by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to clarify the agencies’ authority under the CWA over various waters. Currently, that jurisdiction – based on several U.S. Supreme Court decisions – includes “navigable” waters and waters with a significant hydrologic connection to navigable waters. The rule would broaden that to include, among other water bodies, upstream waters and intermittent and ephemeral streams such as the kind farmers use for drainage and irrigation. It also would encompass lands adjacent to such waters.

Thursday the U.S. District Court for the District of North Dakota stopped implementation of the regulation, which was set to take effect today. “It appears likely that the EPA has violated its congressional grant of authority in its promulgation of the rule,” said Chief Judge Ralph Erickson in ruling in favor of 13 states that brought suit in North Dakota against EPA and the Corps of Engineers.

EPA, however, has indicated it only will recognize the injunction in the states that filed suit before the North Dakota court.

NPPC in early July joined other agricultural organizations and business groups in filing a similar lawsuit in the U.S. District Court for the Southern District of Texas, arguing that the rule finalized in May “bears no connection” to the CWA and violates provisions of the U.S. Constitution. They also alleged that in writing the rule, EPA and the Corps of Engineers misinterpreted the Supreme Court’s decisions on CWA jurisdiction and subverted the notice-and-comment process by failing to seek public comments on scientific reports used to write the regulation and on major revisions of the proposed rule, conducting an inadequate economic analysis and engaging in an advocacy campaign during the comment period. 

“EPA and the Corps of Engineers really failed to work with the agriculture and business communities to come up with a regulation that people could comply with,” Prestage said.

NPPC is backing bills now making their way through Congress that would require EPA and the Corps of Engineers to withdraw the WOTUS rule and to work with affected parties, including farmers, on a new regulation.



NAWG Encouraged by District Court's Action Against WOTUS

NAWG is pleased by the thoughtful action of the North Dakota district court late Thursday to block implementation of the Waters of the U.S. regulaton. The parties involved in the temporary injunction will not be subject to the new rule, effective today, and instead will be subject to prior regulation. Regarding the court's action, NAWG President, Brett Blankenship made the following statement:

“NAWG is encouraged by the action taken in the North Dakota district court to approve a temporary injunction against the Waters of the U.S. regulation.  This decision provides breathing room for grower concerns to be discussed in the courts without enforcement of the Environmental Protection Agency’s draconian new rule hanging over the heads of our nation’s family farmers.

We will watch closely the ongoing lawsuits and call on Congress to take action to address the regulation in a comprehensive manner.  It is time for action to send the regulation back to the EPA and the Army Corps of Engineers to be rewritten.  Wheat growers support clean water and know the importance of protecting the natural resources that sustain our farming operations, feed our families and feed a growing world population.  The Waters of the U.S. regulation expands the reach of the Clean Water act and falls short in providing clarity to growers."



Nebraska Counties Designated as Presidential Disaster Due to May and June Storms

Farm Service Agency (FSA) State Executive Director, Dan Steinkruger, announced 51 Nebraska counties have been designated as primary and contiguous natural disaster areas due to severe storms, tornadoes, straight-line winds, and flooding.  The primary (notated with an asterisk) and contiguous counties are Adams*, Arthur*, Box Butte*, Buffalo, Butler, Cedar, Chase, Clay*, Cuming, Dawes*, Dixon, Dundy, Fillmore*, Frontier, Gage, Garden, Grant, Hall, Hamilton*, Hayes*, Hitchcock, Hooker, Jefferson, Johnson*, Kearney, Keith, Lancaster, Lincoln, McPherson, Madison, Merrick, Morrill, Nemaha*, Nuckolls, Otoe, Pawnee*, Perkins, Pierce, Polk, Richardson*, Saline,  Scotts Bluff, Seward*, Sheridan, Sioux*, Stanton, Thayer, Thurston, Wayne*, Webster, and York*.

The primary counties were declared a Presidential Major Disaster on August 14, 2015, based on May 6 to June 17, 2015 storms.  This designation authorizes Emergency (EM) Loans for eligible producers in primary and contiguous counties.  Steinkruger stated, “Producers in these 51 counties are encouraged to contact their local FSA Service Center for detailed information about available programs and updated disaster designations.”

In addition to the Emergency (EM) Loan Program, the FSA has other loan programs and disaster assistance programs which can be considered in assisting farmers to recover from their losses.

Contact your local FSA Service Center or access additional information about FSA Disaster Assistance and Farm Loan programs at www.fsa.usda.gov.

While this release pertains to the availability of FSA programs, other federal agencies such as FEMA (Federal Emergency Management Agency) and SBA (Small Business Administration) may also have assistance to the public.  Information is available from these two agencies at the following websites: www.fema.gov and www.sba.gov.



CLAAS of America Rebuilds After Tornado Destroys Harvest Center

CLAAS of America is pleased to announce that the newly rebuilt Nebraska Harvest Center is open for business, nearly two years after an F4 tornado tore through Wayne, Nebraska. After the tornado struck, community members rallied together to rebuild the city, and among them was CLAAS of America.

“It’s been a long time coming,” said John Buse, Executive Vice President – Retail, CLAAS of America. The twister hit in October 2013, forcing Nebraska Harvest Center to react quickly on behalf of their customers. Immediately after the storm, CLAAS leapt into action to ensure that customers had access to the support needed, and they diligently worked toward a long-term solution.

“Within days we moved our service and parts operation to a farm just outside of town to support our growers who were still in the field,” said Buse. After harvest, the CLAAS dealership moved to a temporary building adjacent to their location while work began to rebuild the property that had been destroyed.

“We not only re-built, we expanded,” noted Paul Westbrook, Complex Manager for the Seward and Wayne locations of Nebraska Harvest Center. “The new dealership has an additional 4,800 square feet of shop space, a better space for spare parts, and a conference room above our offices.

“With our new dealership in Wayne, we have the structure in place to serve our current customers as well as those who are just now getting to know our dealership and the excellent CLAAS equipment we support.

Even though the tornado resulted in extensive damage, CLAAS combined its available resources and drive to rebuild and support the community and quickly find a solution to ensure that the Nebraska Harvest Center stayed in Wayne.

“We’re very proud to be a part of rebuilding the community,” said Buse. “Moving into our new, larger facility will allow us to continue to grow our business and provide the after-sales support our customers in this area deserve… we are happy to have rebuilt our facility in the great community of Wayne.”



1,800 IOWA FARMERS COMMIT $3.5 MILLION TO WATER QUALITY PRACTICES

Iowa Secretary of Agriculture Bill Northey announced today that $3.5 million in cost share funds to help farmers install nutrient reduction practices have been obligated to farmers in each of Iowa’s 99 counties.  The practices that were eligible for this funding are cover crops, no-till or strip till, or using a nitrification inhibitor when applying fall fertilizer.

“Farmers continue to show they are willing to invest in practices focused on limiting nutrient loss and improving water quality.  To consider that this program went from zero to more than 1,800 farmers over the past three years shows that farmers are committed to action and willing to invest in water quality,” Northey said.

The Iowa Department of Agriculture and Land Stewardship received applications covering 187,000 acres from more than 1,800 different farmers seeking to participate in the program. Farmers in each of the 100 Soil and Water Conservation Districts across the state received funding.

Participants include 980 farmers using a practice for the first time and more than 830 past users that are trying cover crops again and are receiving a reduced-rate of cost share.  The first-time users cover 79,000 acres of cover crops, 7,450 acres of nitrification inhibitor, 7,150 acres of no-till and 3,950- acres of strip-till.  The past users will use cover crops on nearly 89,500 acres.

Farmers not already utilizing the practice were eligible cost share rate for cover crops of $25 per acre, $10 per acre for trying no-till or strip till and $3 per acre for using a nitrapyrin nitrification inhibitor when applying fall fertilizer. Farmers that had used cover crops in the past were eligible for $15 per acre in cost share.  Cost share was only available on up to 160 acres.

Farmers are encouraged to still reach out to their local Soil and Water Conservation District office as there may be other programs available to help them implement water quality practices on their farm.

The Iowa Department of Agriculture and Land Stewardship received $9.6 million for the Iowa Water Quality Initiative in fiscal 2016.  These funds will allow the Iowa Department of Agriculture and Land Stewardship to continue to encourage the broad adoption of water quality practices through statewide cost share assistance as well as more intensive work in targeted watersheds.



95 Iowa Farm Families Honored as Environmental Leaders

Gov. Terry E. Branstad, Lt. Gov. Kim Reynolds, Iowa Sec. of Agriculture Bill Northey and Iowa Department of Natural Resources Director Chuck Gipp presented 95 Iowa farm families with the Iowa Farm Environmental Leader Award during a ceremony at the Iowa State Fair.

"It is a pleasure to have the opportunity each year to recognize Iowans who go above and beyond to be good stewards of our land," said Branstad. "Farmers take pride in conservation efforts and preserving and protecting our natural resources. The Farm Environmental Leader award gives us all an opportunity to recognize their efforts as exceptional leaders."

"The passion and dedication exhibited by the farmers honored at this year's Farm Environmental Leader awards was inspiring. Many of the recipients remarked at how long they had been working to achieve such recognition," said Reynolds. "We know that across Iowa farmers are committed to protecting the land and we were pleased to be able to highlight the work of some farm families' exemplary work."

The award is a joint effort between the Governor, Lt. Governor, Iowa Department of Agriculture and Land Stewardship, and Iowa Department of Natural Resources to recognize the efforts of Iowa's farmers as environmental leaders committed to healthy soils and improved water quality. It seeks to recognize the exemplary voluntary actions of farmers that improve or protect the environment and natural resources of our state while also encouraging other farmers to follow in their footsteps by building success upon success.

This is the fourth year for the award program and to date more than 300 families have received recognition.

"Iowa is a national leader in conservation and water quality efforts and it is important that we recognize the farmers who are making a significant investment in conservation efforts and serving as examples in how we can continue to better care for our air, soil and water," Northey said.

Winners were presented a certificate as well as a yard sign donated by Monsanto and a commemorative program provided by the Iowa Ag Water Alliance.



Half of Iowa Farmers Haven’t Identified Successors

Many farmers nearing retirement have not identified successors who will take over their operations. The Iowa Farm and Rural Life Poll: 2014 Summary Report (PM 3073), indicates that fewer than half of the farmers surveyed have identified successors for their farm operations.

“In 2012, just 18 percent of the state’s farmers were under 45 years of age,” said J. Gordon Arbuckle, sociologist with Iowa State University Extension and Outreach. “With nearly 60 percent of Iowa farmers over the age of 55, discussion of farm succession is common and this year’s survey sought to learn more about farmers’ retirement and succession plans.”

According to the 2012 USDA Census of Agriculture, the average age of Iowa farmers is 57, and farmers who are age 65 and over made up nearly 30 percent of Iowa farmers. “The average age of Iowa farmers has increased steadily over the last several decades,” said Arbuckle.

“There are four times as many Iowa farmers over the age of 65 as under the age of 35,” said David Baker, farm transition specialist at the Beginning Farmer Center with ISU Extension and Outreach. “The more we know about farmers’ plans for the future, the better. Knowledge of farmers’ thoughts about and plans for retirement can help us to better match our programs to the needs of farmers and successors,” said Baker. Survey questions were developed in collaboration with staff from Iowa State’s Beginning Farmer Center.

Farmer Retirement Plans
In the survey, farmers were provided eight categories regarding retirement plans and were asked to select the one that best applied to them. The most frequent response, at 20 percent, was “I expect to semi-retire from farming.” Fifteen percent of farmers responded as “already semi-retired” and another 15 percent selected the “would never retire” category. Fourteen percent planned to retire within five years and another 14 percent planned to retire in 6 – 10 years.

Since one-third of Iowa farmers are over the traditional retirement age of 65, one of the objectives of the survey was to ask farmers their opinion about why so many farmers delay retirement. When asked to rate the importance of a number of possible reasons, the top-rated reason was that “farming is such an important part of [a farmer’s] identity that retirement is very difficult.” The second-highest rated reason was that modern equipment allows farmers to farm longer than they used to.

Several reasons were rated as important or very important by about three-quarters of respondents: that farmers stay healthier longer (75 percent); they love farming too much to stop (75 percent); they don’t know what else they would do with themselves (73 percent); and, they do not want to relinquish control of the operation (73 percent). The two lowest-rated reasons, both at 39 percent for important or very important, were that young people are not interested in farming, and that farmers cannot afford to retire.

Farm Succession Plans
Overall, 49 percent of farmers had identified a potential successor that will eventually manage the farm operation. “If we look at farmers who reported that they will retire in the next five years, the number is a little higher, at 55 percent,” said Arbuckle. “But that still leaves 45 percent of farmers who will be retiring soon and do not have someone who will take over.”

Of those farmers who had identified a successor, 74 percent indicated that one of their children would carry on the farm operation. About 12 percent of respondents reported that their successor would be a relative such as a nephew or niece, and 14 percent reported that a non-related person would take over the operation. The successors, on average, were 37 years old.

Plans among farmers who had not identified a successor
Farm Poll participants were asked what would happen to their farm operation when they no longer managed it. Among the farmers who had not identified a successor, the most common plan was to rent out land. “Overall, 35 percent of farmers without successors reported that they would rent out land,” Arbuckle said. “But more than half of farmers who planned to retire within five years indicated that they would rent land, 19 percent did not know what would happen to the operation, and 17 percent planned to sell their land.”

“If farmers do not have successors for their farms, then those businesses will fail to continue,” Baker noted. “If rural Iowans do not enhance and create opportunities that attract the next generation, then the next generation will migrate away. We will continue to see consolidation of farm businesses into fewer, larger farms.”

Resources available
Baker explained the Beginning Farmer Center works in conjunction with ISU Extension and Outreach program staff to offer materials, speakers and support to help beginning and exiting farmers. “We have resources for farmers who need help with succession planning, like the Ag Link program, which helps families make the transition to a multiple generation farm business. We match beginning farmers who don’t own land, with retiring farmers who do not have heirs to continue the family farm business,” Baker said.



Massey Ferguson Introduces 4600M Series Utility Tractors

Massey Ferguson®, a worldwide brand of AGCO Corporation (NYSE:AGCO), is naming this year the year of the utility tractor with the introduction of the Massey Ferguson 4600M Series. With models ranging from 70 to 99 engine HP, this series of utility tractors gives operators greater performance, durability and versatility to provide customers with cost-effective solutions they demand. The Massey Ferguson 4600M Series replaces the 4600 Series with a model lineup that includes the MF4607M, MF4609M and MF4610M ranging from 56 to 80 PTO HP. The new 4600M Series was designed with utility in mind and furthers its reputation for excellence in loader work, hay production, mowing operations and wide-ranging farm use.

"Hobby farmers and rural lifestylers are growing in numbers, and we've thought about all of their on-farm needs with the new Massey Ferguson 4600M Series," says Warren Morris, AGCO Massey Ferguson tactical marketing manager. "With a new deluxe cab option that features standard air ride seat, LED lights and fender mounted hitch controls, this tractor provides comfort and ease of use for any application."

A tractor with versatility
Two transmission options allow customers to match control with their needs. They can choose between a standard 12x12 power shuttle transmission and an 18x18 with the optional creeper gear package. In addition, farmers can choose between 2WD and 4WD offerings.

The 4600M Series also comes equipped with a category II hitch and 540/1000 PTO. With a combined 3,300 or optional 4,400 pounds in lift capacity at 24 inches behind ball ends, this tractor is capable of completing even the most demanding tasks.

The 4600M Series includes features to make operation and ownership simpler. With telescopic lower links, implement changes are easier and faster. Easy-access service points combined with intuitive electronic controls provide operators maximum uptime and performance.

Updated technology improves power management and lowers emissions
A Tier 4, three-cylinder engine from AGCO Power™ powers the 4600M Series. The engine features four valves per cylinder to improve airflow and enhance the fuel/air mixture.

"Following the same philosophy as AGCO's high-horsepower tractor engines, the MF4609M and MF4610M tractors utilize selective catalytic reduction (SCR) with diesel exhaust fluid (DEF) to treat the exhaust after combustion," explains Mr. Morris. "This keeps all components doing what they do best, and doesn't rob the engine of power and torque when it's needed the most."

Electronic engine management is incorporated into the power system with a high-pressure common-rail (HPCR) fuel injection system. The engine management system monitors every aspect of the engine's operation, resulting in optimum performance and lower fuel consumption.

Updated operator's station improves ease of use, comfort and visibility
Cab and platform models offer a new convenient and ergonomically designed console that incorporates engine RPM, rear remote and 3-point hydraulic valve levers, PTO control and storage tray for improved comfort during any task at hand.

The 4600M Series optional deluxe cab allows operators added comfort and convenience. The standard air-ride seat brings comfort to long days in the field while the 3 point hitch fender control makes attaching implements a simple task.

The deluxe cab option also includes a LED lighting package with rear defrost and wiper, giving operators increased visibility of the front and rear implements in all conditions.