STRAIGHT FROM THE HORSES MOUTH

             

Duane A. Lienemann
UNL Extension Educator

     I had a little time today to work on this week’s issue as the powers that be cancelled the second day of Husker Harvest Days. I can understand why, it was very muddy and wet and they needed to have a day for it to dry and for them to help it to dry. I know there were a lot of disappointed farmers. FFA and 4-H kids, and I am sure that the venders there were the most disappointed of all. Wednesday is usually the biggest day of the event. I have been there when it rained, drizzled, and several times when it was so hot you had to find a way out of the sun and heat. I also remember one year when the wind blew so hard that they closed down all the tents and encouraged people to leave. Sometimes we forget that Mother Nature is still the one in charge and there isn’t much we can do about it except to work around the inconveniences. 
     The cancellation of HHD did give me some time to do a lot of reading and investigating some issues that have been on my mind. One thing that has been worrying me for quite some time is the EPA’s broadening jurisdiction of the Clean Water Act with its proposed Waters of the U.S. Rule. For you that don’t know about this, the EPA and the Army Corps of Engineers proposed the rule this past March to clarify which bodies of water, such as wetlands and streams that will come under the agencies’ authority to protect under the Clean Water Act. I have indicated in earlier issues that I believe that the proposed new definition of which bodies of water are under its jurisdiction should run up all kinds of red flags for farmers and ranchers as it looks to me that they could impose unworkable regulations on the nation’s farms.
     It appears to me that this new rule definitely had the potential to drastically increase the amount of water and land under EPA’s authority. Land that has water flowing through it one day per year, for example, could be subject to EPA’s authority. As I read it, if the rule were to be been finalized, the EPA could potentially require permits for spraying pesticides, building fences, digging ditches or even planting crops not to mention that they can take over any land that water pools or runs through after a rain. Farmers would also be at the mercy of the EPA to issue (or not issue) permits on their timeline! 
     We had good news on this front (at least for the time being) this week as The U.S. House of Representatives took a firm stand with farmers and ranchers against the Environmental Protection Agency’s regulatory overreach by voting 262-152 to put a stop to the Waters of the U.S. rule. The WOTUS Regulatory Overreach Protection Act, H.R. 5078, passed with bipartisan support Tuesday. This is good news because the EPA’s proposal would massively expand EPA’s jurisdiction over waters found on our Nebraska farms and ranches.  We absolutely do not want that!
   I want to acknowledge the work of “Common Sense Nebraska” members who worked together to voice Nebraska farmers and ranchers concerns including: Nebraska Cattlemen, Nebraska Corn Growers Association, Nebraska Farm Bureau Federation, Nebraska Pork Producers Association, Nebraska Poultry Industries, Nebraska Soybean Association and the Nebraska State Dairy Association. This very effective group was formed to oppose EPA’s efforts through the “Ditch the Rule” campaign. I suggest you go to: http://ditchtherule.fb.org/ . It is note-worthy that all three of Nebraska’s Congressmen (Adrian Smith, Lee Terry and Jeff Fortenberry) voted in favor of H.R. 5078. I hope that you all take the time to contact them and say thanks.  
     Unfortunately, directly following action in the House, the President issued a veto threat against the legislation, saying it “would derail current efforts to clarify the scope of the Clean Water Act, hamstring future regulatory efforts, and create significant ambiguity regarding existing regulations and guidance.”
     Despite action in the House, the measure is not expected to come up in the Senate. This is perplexing to me as I believe that is completely political and I do not like our farmers and ranchers being used as a political football. Too much is at stake for that to be the case. I believe that the Senate needs to act quickly to protect our private property rights and put an end to the EPA’s attempted land grab. We have one hurdle cleared, now we all need to urge the Senate to join with the House to “Ditch the Rule” as well. I would hope that would encourage the President to follow suit and leave our farms and ranches alone and to “Ditch the Rule”!
     If enacted and passed by both sides of the Congress, H.R.5078 would uphold the existing federal-state partnership by prohibiting the EPA and the Army Corps from developing, finalizing, adopting, implementing, applying, administering or enforcing the proposed rule to or any similar rule that would expand the agencies’ jurisdiction over these waters.  It would also require the EPA and Army Corps to consult with state and local governments to come up with recommendations on how to identify which waters are to be covered under the CWA and which should be regulated by states and localities. Each state knows their water, their soil and their farmers and that is in whose hands it should be, not some federal bureaucrat!
     Not only is the EPA still taking public input and you should still be active --- but it now behooves us to step up our efforts to get the Senate to take up the mantle and put their actions where their mouth is in saying they support our farmers and ranchers.
     I also encourage our farmers to make an appointment or begin a Livestock Forage Disaster Program application with their county FSA office before Oct. 1, 2014, to lock in the current zero percent sequestration rate. It may interest you that an online registration is available that enables farmers and ranchers to put their names on an electronic list before the deadline to avoid reductions in their disaster assistance. You can access it at: http://askfsa.custhelp.com/app/disaster-register . Producers who already contacted their county office and have an appointment scheduled need do nothing more! Good job!!

The preceding information comes from the research and personal observations of the writer which may or may not reflect the views of UNL or UNL Extension. For more further information on these or other topics contact D. A. Lienemann, UNL Extension Educator for Webster County in Red Cloud, (402) 746-3417 or email to: dlienemann2@unl.edu or go to the website at: http://www.webster.unl.edu/home