Federal government opens reserve land in seven states for grazing due to drought

WASHINGTON (AP) -- A severe drought has prompted the federal government to open reserve land in seven states for emergency grazing.

"The extreme drought has devastated many farmers and ranchers, especially in Western states,'' Agriculture Secretary Ann Veneman said Wednesday in announcing she would allow grazing on acreage held as part of the Conservation Reserve Program.

The program pays farmers and ranchers not to use portions of their land that are susceptible to erosion or have other wildlife or vegetation concerns.

Wednesday's announcement will allow ranchers in Colorado, Kansas, Montana, Oklahoma, Texas, Utah and Wyoming back onto their idled land to ease the strain on the withering pastures.

Southwestern Colorado, for example, is suffering through its worst drought in more than a century, and portions of Montana and the Oklahoma Panhandle have received less than half the normal rainfall.

Veneman said the department is announcing the emergency measures a month earlier than in previous drought years and is looking at a series of other programs to assist farmers and ranchers who are suffering through the drought.

It is unclear how many ranchers will be able to take advantage of grazing on the reserve lands, said USDA spokesman Dann Stuart. About 400,000 farms across the country have put roughly 34 million acres into reserve through the program.

Ranchers participating in the program may only graze on three-fourths of the land they agreed to put in reserve, and their payments from the government will be reduced by 25 percent during that time.

The reserve and will be made available immediately, and will remain open through the end of August or until the drought subsides.

Seems Arizona has been declared a drought area, but is not one of the states allowed to graze.

VENEMAN DESIGNATES ARIZONA AS DROUGHT DISASTER AREA
Governor Hull and Veneman Tour Fire Areas and Assess Damage in Prescott National Forest Areas
PHOENIX, Ariz., May 17, 2002-- Agriculture Secretary Ann M. Veneman today designated the entire state of Arizona as a drought disaster area. This designation makes Arizona farmers and ranchers immediately eligible for USDA emergency farm loans due to losses caused by drought this year.
“We have heard from your governor and congressional delegation first hand about the impact the drought has had in Arizona,” Veneman said. “This emergency assistance will help farmers and ranchers recover from these devastating effects and losses.”
Veneman made the announcement at the state capital with Governor Jane Hull and Congressional Representatives John Shadegg and J.D. Hayworth . Arizona state Agriculture Director Sheldon Jones also was in attendance.
http://www.usda.gov/news/releases/2002/05/0197.htm

Cattle Growers' Association Wins Suit Against Endangered Species Act Enforcement

DATE: January 28, 2002
BACKGROUND: Arizona rancher Jeff Menges and the Arizona Cattle Growers' Association won an appeal against the U.S. Fish and Wildlife Service (USFWS) and the Bureau of Land Management (BLM) over "incidental takings" in an endangered species case. The Ninth Circuit Court of Appeals in San Francisco voted 3-0 to uphold lower court rulings that found that the USFWS imposed "terms and conditions on land use permits, where there either was no evidence that the endangered species existed on the land or no evidence that a take would occur if the permit were issued."
TEN SECOND RESPONSE: Finally a federal court has agreed that enforcement of the Endangered Species Act is getting out of hand. The Fish and Wildlife Service and environmental groups should now follow the court's ruling.
THIRTY SECOND RESPONSE: Common sense finally won and the court realized that before restrictions can be placed on land use, an endangered species must be found in the area. In the past, too many ranchers and other landowners have been denied use of their own land because there is a possibility an endangered species might wander onto their land. Environmental groups should let the agency do its work of protecting wildlife instead of having to spend its time and effort in courtrooms.
DISCUSSION: The federal agencies' interpretation of the Endangered Species Act (ESA) resulted in closing 400,000 acres of federal land to grazing under the theory that grazing would harm the razorback sucker and pygmy owl. However, the lower court found that the USFWS in its Biological Opinion "failed to provide sufficient reason to believe that listed species exist in the allotments in question." On December 17, 2001 the Appeals Court agreed with the lower court on all but one Biological Opinion in question.
The original lawsuit was filed by the Southwest Center for Biological Diversity, claiming that the grazing permitted on federal lands was harming habitat even though the endangered species were not currently found on those allotments. "The very absence of a species is an indication of ongoing harm due to habitat degradation," according to Martin Taylor, coordinator of the Center's grazing reform program.
FOR MORE INFORMATION: To read the decision by the Ninth Circuit Court, visit: http://caselaw.lp.findlaw.com/data2/circs/9th/9916102p.pdf.

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