Haying, grazing on conservation lands still allowed for some farmers

A federal judge in Seattle has issued a final ruling on a controversial federal program that will allow some farmers to hay and graze conservation lands to help them through tough financial times.

The decision Thursday by District Court Judge John Coughenour allows producers who already had received approval for participation in the so-called Critical Feed Program by July 8 to continue to hay and graze their lands enrolled in the Conservation Reserve Program (CRP).

Farmers could also participate in the program if they demonstrate they already have spent $4,500 or more on the expectation that they would be able to participate in the program, which is in place this year only.

Federal reviewers also may process applications to participate in the program received before July 8.

All other uses of the program are indefinitely suspended.

The judge imposed no cap on the number of acres nationally that can be hayed or grazed under the program. But it is likely to be far fewer than the total of 24 million acres of land across the country that is protected under the CRP.

In Washington, more than 1 million acres are enrolled in the CRP program, or about 10 percent of all cropland in the state.

The program pays farmers not to plant on sensitive, erodible lands. It is the largest conservation program on private land in the country and provides critical wildlife habitat, particularly for birds, as well as soil conservation and water-quality benefits.

The U.S. Department of Agriculture (USDA) last spring announced the Critical Feed 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.

Meat producers have been suffering from high hay prices, as hay fields have been converted to corn and wheat by farmers seeking high prices.

In Western Washington, hay prices have skyrocketed to as much as $350 a ton, up from $220 a ton last year, even forcing some horse owners to give up their animals.

The National Wildlife Federation and six state affiliates, including the Washington Wildlife Federation, had sued to block implementation of the program, because the department initiated it with no assessment of its environmental impact.

The judge had issued a temporary injunction July 8 until a compromise could be worked out.

"Today's ruling sends a clear message to the USDA that it must follow the law in reviewing potential harmful impacts to wildlife and habitat before it makes sweeping decisions," the wildlife federation said in a statement Friday.

The ruling was also a big relief to some cattle producers.

"It's the difference between us staying in business and going out of business," said Tom Hendrickson of Asotin, who had spent $40,000 on hay equipment, expecting to participate in the program.

The issue was closely watched around the country, especially in the drought-stricken Southeast. In Texas, ranchers have seen less than three inches of rain in two years.

Michelle Aduddell, a rancher in the Texas Panhandle, said she had to pull her cows off her CRP ground when the temporary injunction came down.

"We were going to have to sell cows if we couldn't use this grass, just sell everything we had, and it wasn't just me, it was everyone around here," Aduddell said.

"The only thing that was keeping us going was this program."

Lynda V. Mapes: 206-464-2736 or lmapes@seattletimes.com