CRP Release Suspended by Judge

Recently, USDA had authorized certain acreage enrolled under the Conservation Reserve Program (CRP) to be available for hay or pasture after the primary nesting season ended for ground-nesting birds, which, in northern Missouri, is after July 15, 2008. This modification was under critical feed use initiatives and was only available in 2008. Prior to haying or grazing, producers would have been required to pay a fee of $75. No payment reduction would have been assessed on contracts being utilized for this critical feed use. Haying was limited to 50% of each eligible field. If grazing, 25% of each field must have remained ungrazed or all of the eligible CRP acreage could have been grazed at no more than 75% of the stocking rate, as determined by NRCS. All hay and livestock were to be removed by Nov. 10, 2008.
The most environmentally sensitive land enrolled in CRP was ineligible for critical feed use. These lands included wetlands, buffers, filter strips and other practices. In addition, acreage ineligible for critical feed use included acreage devoted to useful life easements, and land within 120 feet of a stream or other permanent water body.
On July 8, 2008 a Federal Judge granted a Temporary Restraining Order (TRO) regarding the Critical Feed Use (CFU) initiative. Accordingly, all authority is suspended to process or approve the release of CRP for this purpose. Producers who have been previously approved are being notified that any CFU activity must immediately cease and that any such activity will, until further notice, be considered an unauthorized activity on CRP land. The Restraining Order is in effect until modified by the Court. A hearing has been scheduled and hopefully the issue will be resolved shortly.
At this time some other options do exist for producers to hay or graze CRP acreage under the managed haying and grazing provisions contained in their conservation plan of operations. Only acreage not hayed or grazed in the last 3 years would be eligible for release under this option. Worth County has also been approved for grazing under the emergency grazing provisions which would allow CRP acreage that was released for haying or grazing last year to be grazed this year as well. Both of these options would require a payment reduction of 25% of the contract price on the acres actually hayed or grazed. Please call 660-726-5525 in Gentry County or 660-564-3341 in Worth County with any questions you have concerning this information. Do not hay or graze any acreage released under Critical Feed Use provisions until further notice.