Publication of Michigan Farm Bureau I.. 1-=1 August 15, 1991 D.C. Swamped With Cases of Wetland Con(f.1~l~!J More than 50 Michigan farmers were part of the over 400 case studies of farmers caught up in bureaucratic wetlands regula- delivered to Washington, D.C., with names, addresses and various forms of documentation in a one week period. page 10). They told their stories during a news conference Washington, D.C., along with Kleckner and some of the co- in yi tions presented by Farm Bureau to Sen. "The farmers and ranchers who have sponsors of proposed legislation Max Baucus (D-Mont.), in response to his stepped forward represent all sections of to end regulatory confusion over challenge to either put up or shut up. our nation," Kleckner said in a letter ac- wetlands. companying the documents. "These During an Environmental Protection Sub- producers are amazed and angry that their Baucus intends to deliver the committee hearing in June, committee conservation ethic and knowledge of their documents to Environmental chairman Sen. Baucus astounded AFBF own farm have been challenged ...some Protection Agency Administrator President Dean Kleckner and countless have had their farming and personal lives William Reilly and ask that he others by requesting that he provide turned into chaos." take a close look at their concerns evidence that farmers were indeed caught as he puts together a plan for ad- up in the maddening crossfire of The Farm Bureau President also noted that ministering wetlands laws. bureaucratic wetland regulations. Kleck- many "had to overcome their fear of ner testified during the hearing on the need bureaucratic retaliation" and that others did AFBF President Dean Kleckner to end confusion and overzealous not step forward for that reason. (left) presents Sen. Max Baucus regulatory action on wetlands. with more than 400 of the case Among those who did step forward were studies he had requested. The 50 cases submitted from Michigan, as Illinois farmers Jim Koeller and Jim Gay, well as the other cases from across the Oregon farmers Michael and Tom Schrock See Page 10 for additional country, were surfaced, researched and and Rhode Island farmer Bill Stamp (see Wetland Coverage MSU's Cooperative Extension Service - an Imig Perspective Michigan State University's new Coopera- including associate vice president of tive Extension Director Gail Imig' s appoint- academic affairs - university Extension, as- Q. What is your philosophy on the role of Q. What areas would you like to see grow? ment took effect July 1. Imig spent three the CES? years as assistant director of Extension at sociate dean and program director for home A. We must put programs together that A. Commercial agriculture in this state has economics Extension. critical issues to deal with, such as chang- Kansas State University, and held several meet the needs of the people, which hasn't positions at the University of Missouri, ing consumer preference, a global Imig attended a public hearing on the new always been the case in all Extension ser- economic environment and how to deal Right-to-Farm proposals for nutrient and vices. The real thing that's going to be im- with thai competition. Identifying those pesticide management during the early portant for the future is learning how to visit niche markets and really looking at market hours of AgExpo and took time out for a with people, work with advisory commit- opportunities. news conference as well. What follows are tees and find out what the needs are. It's a her observations during the first week in her constant process of monitoring and iden- .. Biotechnology developments need to be new role. tifying those needs. I want to see to it that considered and analyzed, meaning we need we do that well. . to look at where farmers can make the best Q. What, in your opinion, are your duties use of these new developments. It also as CES Director? Q. What are your biggest tasks here at means that it won't be just one scientist. MSU? We're going to have to put together inter- A. My responsibilities are really to provide .the overall leadership and administration of A. We're going to need to do some disciplinary teams that can go out and analyze the entire operation, including the the CES, which includes field staff who strategic planning, setting some very clear priorities after we've received input and market, economy, environment, financial work in the counties and MSU faculty with management, and personnel. All of these Extension appointments. That also means then putting together the interdisciplinary teams of scientists and experts that we need things need to come together at the farm identifying colleges and departments within to address those issues and make an invest- operation to help that individual. the university which contribute to the \ educational needs we have across the state. ment of resources to make a difference. See "!mig" - continued on page 5 Photo: Courtesy of Illinois Farm Bureau Corn Belt Experiencing Spotty Drought Conditions "'.- Drought-stressed corn is becoming a familiar sight in parts of the Corn Belt as some locations have gone since early June without rain. This particular field is located in Livingston County, Illinois, where farmers generally expect 140 bushel corn per acre, but this year are predicting 43 bushel corn and 17 bushel soybeans, even with a return to normal rainfall. Ohio's governor declared a drought alert for all but 10 of the state's 88 coun- ties on July 26. Hardest hit are the coun- <\1 ties in northeastern Ohio, where rainfall is more than 6 inches below normal. Fortunately, Michigan has generally been spared with rains. The area south of 1-94 across lower Michigan is repor- tedly short of rain with Hillsdale and Monroe counties reportedly hardest hit. Capitol Comer - Michigan Farm Weather - Farm Business Outlook - Michigan Farm News ' II. August 15, 1991 i Dealing with the In Brief ... Wetlands Issue: Mumby and Washburn Named to National Board Your Organization Barry Mumby of Fulton and Kam Washburn of Elsie have been appointed by USDA Secretary Ed Madigan to serve on the United Soybean Board for three-year terms each. at its Finest The board will administer the new nationwide soybean promotion and research checkoff. Michigan ranks 12th in total soybean production in the U.S. and qualifies for two seats on the board. Half of the funds collected from Michigan producers will stay in Michigan, while the other half goes to the United Soybean Board for market development, research and promotional activities. The board and the checkoff were created as part of the 1990 farm Early Michigan settlers found much of the state a morass of low-lying, soggy ground. bill. They drained many of these swamps and mudholes and turned them into productive, fertile farmland. Michigan July Farm Prices Slip Agriculture now finds itself stuck in another type of morass: a fight with federal The index of prices received by Michigan farmers for all products as of July 15 was 118 bureaucrats over confusing and controversial wetlands policy that threatens to percent of its 1977 base, down 2 percent from last month's level of 120 and 13 percent engulf the agricultural economy. The challenge is to move the debate to the high below last year, according to the Michigan Agricultural Statistics Service. ground that will allow farmers to make a common-sense case for preserving genuinely valuable wetlands and protecting agricultural property rights. The price index for all Michigan crops declined 3 percent from June levels, with lower prices for corn, wheat, oats, dry beans and hay. All-baled hay experienced the most drastic It's been noted many times before: farmers are the original environmentalists. They decline at 9 percent. The livestock and livestock product price index for Michigan showed want to preserve the quality of the environment they live and work in. They under- a slight increase of I percent from last month's level, down 12 percent from last July. Higher stand the value of wetlands for enhancing groundwater quality and maintaining prices on slaughter cows, milk and eggs were partially offset by lower steer and heifer, calf wildlife habitat. and hog prices. But farmers have been frustrated by a rigid bureaucratic attitude that unfairly treats The July Index of Prices Paid by farmers for commodities and services, interest, taxes, and all potential wetlands as equally valuable. This zealous mindset has led to countless farm wages was 189 percent of its 1977 average, up 2.7 percent from a year earlier. examples of farmers who have had their farming and personal lives turned into chaos. Farm Price of Milk Not Keeping Pace With Retail Congressional support builds for the Farm Bureau-supported Comprehensive Wet- The farmer's share of the price of milk has risen over the past several years, but it has not lands Conservation and Management Act (H.R. 1330) and its Senate companion kept pace with the rise in consumer prices, according to an Agriculture Department report .. bill (S. 1463). The legislation is designed to protect property that should not be In 1983, the average retail price of milk was $1.128 per half-gallon, according to the destroyed, classify wetlands accordin,g to value and function, and provide compen- Economic Research Service (ERS). The "farm value" of that was reported at 59.9 cents. sation to landowners who are denied use of their property. Last year, the ERS said, the retail price of milk averaged $1.424 per half-gallon, an increase As your organization and fellow Farm Bureau members carry on this wetlands battle, of more than 26 percent from 1983. In the same period, the farm value rose to 63.3 cents it is worth reflecting on where farmers would be without a strong organization to fight per half-gallon, an increase of less than 7 percent. Since that time, farm prices have fallen for their property rights. It's unlikely that any farmer working alone, regardless of how sharply, while retail prices dropped marginally. articulate and persistent, could obtain the access and influence that comes from Farm Bureau's united strength. MSU Dairy Survey to Identify Financial Status It's a good thought to have in mind this summer and fall as you participate in your Michigan State University has initiated a new research project with the goal of identifying policy development process. Farm Bureau is making progress in this wetlands fight, production options to help Michigan dairy producers remain competitive throughout the thanks to farmers who worked together to develop member policy. The issues you '90s. The first phase involves a survey to address the financial status and production »~t~ will discuss and debate this year are important to the future of your industry and way potential of Michigan dairy operations. The survey, mailed to 1,500 randomly-selected of life. Please give them your close attention and participation. dairy farmers across the entire state, will be conducted throughout the month of August. The survey emphasizes the collection of data on the profitability, debt situation, production resources, and labor availability on the various types of dairy farms in Michigan. The lack Laurie, President information provided on the survey will be strictly confidential, according to MFB Michigan Farm Bureau Livestock Specialist Kevin Kirk. A summary of the results will be available to producers. The information is considered critical for the second phase of the project to evaluate the DeVuyst Appointed to Natural Resources Commission long-term profitability, based on the current status of the industry. Various planning models will be developed specifically for Michigan dairy operations, to develop stategies to enhance dairy farm profitability. Dairy producers wanting additional information about the Fonner Farm Bureau leader Larry De- research project or the survey should contact Dr. Steve Harsh, MSU Ag Economics Vuystoflthaca was appointed by Gov. John Department at (517) 353-4518, or MFB's Kevin Kirk at 1-800-292-2680, ext 2024. Engler July 18 to the Natural Resources Commission. "Spudtacular 91" - August 22 and 23 De Vuyst owns and operates a 625-acre cash crop farm and farrow-to-finish hog opera- Spudtacular 91, an event to highlight the Michigan potato industry, is set for Aug. 22 and tion producing 5,500 market hogs per year. 23 at the Montcalm research farm near Entrican located nine miles northwest of Stanton. He served on the Michigan Farm Bureau Machinery and equipment displays, agribusiness exhibits and field demonstrations will Board for eight years and is a past president highlight the two-day event, according to Chairman Paul Wilkes. of the Gratiot County Farm Bureau. De- Vuyst, a past member of the Farm Credit The tours on Thursday will include stops and information at potato plots that are genetically Board of S1. Paul, was appointed by Presi- resistant to Colorado potato beetles, tablestock and chip potato breeding program, harvested dent Reagan to the Federal Farm Credit plots of long white and round white varieties and nematode-early die control plots. Board (Farm Credit Administration). Stops are also planned at herbicide and variety interaction plots, nitrate soil and plant "As a Farm Bureau leader and as a success- sampling, phosphorus fertilizer response trials, and control of fusarium root rot. Friday's ful farmer, Larry understands the important program includes a demonstration of a chemical injection sprayer and a look at construction relationship between agriculture and the en- Resources (DNR) will have to deal with of a spray mixing and loading pad. Two "bug vacuum" machines for Colorado potato beetle vironment," Engler said. "Larry also brings the department's image problems. "In the will be demonstrated on some late planted potatoes, and a harvester and windrower will a strong banking and finance background to eyes of fanners and sportsmen, the DNR also be demonstrated. For more information, contact Ben Kudwa of the Michigan Potato this position. His knowledge of the financial has been an enforcer," he said. "A lot of Industry Commission at (517) 669-8377, Dick Chase of MSU at (517) 355-0206 or Don issues that affect farming, as well as how people don't like someone coming along Smucker of the Montcalm CES at (517) 831-5226, ext. 248 or 249. environmental policies affect the ability to and putting a hand on their shoulder and finance new farms, business and factories, saying you will or you will not do this." make him extremely qualified for the com- mission." That's contributed to giving the DNR a I Michigan Farm News is Published 20 times annually: By the Michigan Farm Bureau Information and Public 'I poor image, according to De Vuyst "I think Relations Division. Publication and editorial offices at 7373 West Saginaw Highway, Lansing, Michigan DeVuyst said that as a farmer, he'll bring that's one of the things we're going to have I 48917, Post Office Box 30960 (zip 48909); phone 1-517-323-7000. I some balance to the Natural Resources to look for in a new DNR director," he said. Michigan Farm News is provided as a service to regular members as part of their annual dues. Publication I Commission by representing agriculture in "We need someone who is going to have I cl:iss No. 345040. Established Jan. 13, 1923, as Michigan Farm News, reestablished postage paid at Lansing, Michigan and at additional mailing offices. October 15,1990. Third- I I a fair way. "I see myself as a conser- strong management ability and can also vationist, and I see the farmers' view of how put a new face on the department and be I Editorial: Dennis Rudat. Editor and Business Manager. ! they should use pesticides. I strongly able to put a favorable image out there." Officers: Michigan Farm Bureau President. Jack Laurie, Cass City; Vice President Wayne Wood, Marlette; believe there may be some things we have Administrative Director, Charles Burkett; Treasurer and Chief Financial Officer, Tom Parker; Secretary, I to live with rather than to take a chance on Gov. Engler also appointed David Holli of I William S. Wilkinson. I putting chemicals out that are going to be Ishpeming and Dr. Paul Eisele of Bel- Directors: District I, Marlin Outman, Constantine; District 2. Blaine VanSickle, Marshall; District 3, Diane around too long or that might run off into a leville to the Natural Resources Commis- Homing, Manchester; District 4, Tom Guthrie, Delton; District 5, Mark Smuts, Charlotte; District 6. Wayne stream," he said. sion. Holli is a lumbennan and owner of Wood, Marlette; District 7, Larry Snider, Hart; District 8, Richard Leach, Saginaw; District 9, Joshua Wunsch, Traverse City; District 10, Margaret Kartes, West Branch; District 11, Robert WahmhoH, Baraga. At-Large: Holli Forest Products, a contract logging Douglas Darling, Maybee; Jack Laurie, Cass City; Faye Adam,Snover;Jan Vosburg, Climax. Promotion and DeVuyst said that whoever the Natural and land clearing company. Eisele is direc- Ed~tion, Holly Porter, Manchester. Young Farmers, Steven Gonyea, Spruce. Resources Commission selects as a new tor of Health, Safety and Environmental director of the Department of Natural Affairs for the Masco Corporation. Michigan Farm Ne\IVs August 15, 1991 ITOL o o JJ Z m JJ Huron.County Drain Lawsuit Status: Attorney General Frank Kelly has filed a verified complaint for injunctive relief against the Huron County Drain Commissioner. The complaint was filed based on the belief of the Michigan DNR that the dredging, deepening, and widening of the Willow Creek at the Philp Drain location will impair water quality, destroy wetlands and destroy fish , populations and wildlife habitats. The lawsuit cites violations of the Michigan Water Resources Commission Act (the act to protecrand conserve waters of the state) and the Michigan Environmental Protection Act (law to protectthe environment).The suit also states the Drain Commission needs permits under the Wetlands Protection Act and the Inland Lakes and Streams Act. ., Huron County Circuit Court Judge M. Richard Knoblock has received testimony from the DNR and from the attorney for the Drain Commissioner Association. He ruled against the DNR's request for a temporary injunction ~o stop the project. .;. -. Attorney General Frank Kelly, however, has filed an emergency appeal to the Michigan Farm BureauP osition.:FarmBureau.suppo~the legi~Iation. Court of Appeals. The DNR intends to pursue the question of jurisdiction over county drains, Farm BureauContact:AIAll1Jy; extension 204J " regardless of the results in Huron County. Farm Bureau Position: Michigan farmland is enhanced by an adequate and well-managed drain system. Nearly 12 million acres of Michigan farmland require draining to produce Surface Transpor-tationAct of 1991 crops. Farm Bureau feels that the authority for administration of the Drain Code should be Status: The House PubliC Works and Transportation Committee has approved the Surface maintained in the Department of Agriculture. Farm Bureau is gravely concerned over any Transportation Act of 1991, which callsJor increasing the federal gas tax by 5-cents per ruling that would give jurisdiction over county drains to the DNR. gallon. The increased taxis expected to generate $121.5 billion for highways and transit Farm Bureau Contact: Vicki Pontz, extension 2046 over the five-year life of the bill. A $79 billion flexible highway program would also be created. This program would permitstate and local officials to transfer up to two-thirds of the funds for transit purposes. Milk Inventory Management Act Status: Congressman Charles Stenholm (D-Texas) has introduced legislation that would States with significanrp~rtions of their population in non-C!ttainment areas would be able increase the milk support price to $12.60 and then decline to $11.60 by 1995. The bill to transfer all of their highway funds to transit. The 5-cent gas tax provision will face heavy imposes an unprecedented series and levels of assessments on dairy farmers. The assess- opposition by the Bush ad!llinistration. ments must pay for all costs incurred by the CCC of purchases exceeding 5 billion pounds but less than 7 billion pounds annually. A mandatory inventory management program using Farm Bureau Position: Farm Bureau opposes the legislation, citing the unfair burden of a two-tier price system would be implemented when annual CCC purchases of dairy exceed the gas tax on rural residents. The Highway Trust Fund should be spent before additional 7 billion pounds. The two-tier system would require quotas or bases be assigned to taxes are considered. It does not include a provision approved by the Senate that requires individual producers. Milk produced within their respective quotas would receive a higher federal agencies to consider ,the impact of their actions on private property under the price, while milk produced above quota would receive a significantly lower price to "takings" clause of the U.S. Constitution. discourage over-production. Farm Bureau Contact: Al Almy, extension 2040 In addition, farmers would also be assessed for: the cost of the inventory management program; additional costs to the Women, Infant and Children Program due to higher support Farm Bill Spending price levels; and the cost of assuring that increased cull cow movement doesn't reduce beef prices.The bill would also increase the solid-not-fat standards for fluid milk and extends "," .,' .:: . ,,"-",- .,' ," Status: The Senate has passed an agricultural spending billthat does not limit funding for Packers and Stockyards Act security trust provisions to dairymen. the Export Enhancement Prpgram (EEP). Th~tmeans the U.S. willprobably spend about the same.in the new fiscal year, which begins OctoQerJ, as it did during the current year. Farm Bureau Position: Farm Bureau opposes the milk price support increase, mandatory , , inventory management program and the unprecedented level of assessments on the dairy Current estimates are that the U.S. will spend about $900 million on the EEP this year. producers for social programs which are projected to easily reach 75 cents to $1.00 per Though spending is tecl1Dically unlimited, budget constraints make it unlikely that spend- cwt. Farm Bureau does support an increase in the solids-not-fat standard and extending the ing will exceed that level. ',', " Packers and Stockyards Act security trust provisions to dairymen. Farm Bureau Contact: Al Almy, extension 2040 The bill passeoby the Senateal~g wou!- { } Yrs. Mos. Gross Inc:cme from ~ 0 yearty City, State. Zip Code o MonlhIy DYearty Source of OIlIer Income Tme at Previous ~ Nearest Relative (not Mng wilh you) Yrs. Mos. Sheep Producers Face Referendum -S 'E FntName Present Street Adchss Last Name Date 0/ Bir1h U.S. sheep producers are again being () Mos. () CIS City. Slate Home Telephone Number called to vote from August 19 - 30, 1991, to 'E (Include Area Code) ) determine whether they wish to continue ~ Previous Adltess Cd less lhan two years at present address) State contributions to lamb and wool promotion, producer and consumer education and in- ~ Present~ Income from aimony, chid support. Of mUrtenanc:e payments need not be revealed c( iI you do not wish to have • as a basis lor repayW1g this obligation. dustry communication. o ::; Employer's Telephone Number Tme at Present ~ o MonlhIy D.. D.. ( ) Yrs. Mos. GlOss Income from ~ 0 yearty The program, approved nine times pre- c( City, Slate. Zip Code o MonlIlIy viously, would continue to be funded by 6 o Yearly Source ot OIlIer Income o Previous ~ Cd less lhan two years at present employer) Tme at Previous ~ deductions from wool incentive payments. a: Yrs. Mos. The incentive deduction, often referred to ::;) o Nearest Relative (not iving wilh you) as producer dollars, is used for promotion, >- marketing and communication efforts. tn Ct8cil Reterences BaIanc8 Due Monthly Payment w o 0wrVBuying Home 0 OIlIer 0 Rent $ o In the 1986 referendum, less than 43 per- z t.Ior1gage Holder Of L.ancIord Mortgage BaIanc8 w S cent of eligible producers voted. In 1991, all a: w Estimated VakJe producers are urged to cast an educated vote LL. w o ChecQlg Accounl (Bank Name) S a: on the issue, said Al Keating, director of the .... o Savings Have You Ever 0 Yes AFBF Livestock Department. i5 Accounl (Bank Name) 0ecIared 0 No w a: Bankruptcy? o Voting will be done through local ASCS Optional Group Credit Insurance Please check your card preference Itwe hereby cer1ily 1haI each 01 the nwers on this applicaIion is true offices. Any producer, regardless of age, and amd. and is made lor Ihe purpose 01obtaining a loan Of ad from who owned one sheep for a 30-day period (choose one design only) the Bank. Itwe certify thai aI debts owed whe1hef incividual. join1 Of The cost 10 you. the Primary Aaxult holder w (applicant), is $.60 per $100 for each ~'s o SCENIC VISA o STANDARD VISA alrIlinpenl haYe been Iisdosed abcM and 1haI none 01mylw debts ate in 1990, is eligible to vote. o o~ __ deinquent Of in delaUl. excepl as Itwe have indicaled abcM.1twe hereby average daily balance. The ~arce will be- z come e"ediYe wilen your creOt begins. You auhlrize Ihe 8cnI1O invesligale myku aecit recall klthe el18nlt deems < a: must be less lhan age 7110 be e6gibIe lor CtN. necessaty and tl verily myku cndl. ~ and inalme references. The referendum, if approved by either a Itwe Mther aulhorize and inslrucI at1y person Of COIlSlJTl8I' reporting ::;) tn erage. A ceItificate which more IuIy describes agency 10 lI.mish to the Bri at1y inIonnation lhat ~ may have Of obtain in majority of producers voting or producers the insurance wiI be sen1 when your credi1 ~ appIicalion is approved. Underwritten by The response 10 such credi1 inquiries. Itwe Mther agree 1haIthis appfic:ation shaI become Ihe proper1y o/the Bat1k. wheIher Of not it is llJlIlfOV9cI. representing operations that own a majority ~ Q Prudential Company 01 America, New3tl. New OR Apply for a Gold MasterCard Itwe agree thai d lhis appicatjon is accepted and a card Of carlls are of the sheep, would establish deductions w Jersey. and Prudential Proper1y and Casually issued 1haI at1y use ollhe eatd(s) will be governed by the terms and a: Insurance Company, Holmdel. New Jersey. o ClClIdtions of the Bank's VISAIMas1erCard Agreement and Disclosure from wool price support payments at a rate o D.. ::;) o Those d100silg 10 enrol wiI be maJed a tef. Iificate 01 insooVlCe explaining benelils. imita- tions and provisions and indica1ing the e"ee- ~:'~~:rr:a::::~ card. II I do not quality lor the Gold 0 •• f~l-Jc~ ...- ,,~ provided before Of wilh deiYery ollhe eatd(s). Itwe aswne. d more lhan one jointly and severally, iabIty lor aI charges inamd in at1y use 01 Ihe eatd(s). not to exceed seven cents per pound of wool marketed and not more than 35 cents per a: tive date 01 CtNerage. MasterCard, CXlnSideI' my appfic:ation lor the cwt. of unshorn lambs for calendar year o Fcm Bureau VISA card. -J x 1991. ~ 0 YES, PIIIII enroIIlllIln ItII Applicant's Signab.n Date o ~ CndIInuInce ProgrIm. X For the next calendar year and each year Ii: o o ADDITIONAl. CARD FOR AUTHORIZED USER Co-AppIicanl's Signab.n Date through 1995, the deductions may increase up to an additional penny-a-pound of wool Print name here marketed and up to an additional nickel per 0rlIce PwIod tor cwt. of unshorn lambs sold each year. ~IJ'~-" of .... None IOf scenic Of standard VISA aaa.ncetor Cash Advance Fee - none 15.9% $20 fOf Gold MasterCard .... Purcha-. Transaclion Fee - none County ASCS offices will be distributing Average Dally BaIanc:e (rebated every year net amuaI Late Fee - $10.00 ballots to producers of record in early (excluding new purchases) purchases exceed S3.000) 25 Days. starting with the billing Over Urnit Fee - $10.00 date on stalement' Minimum Fmanoe Charge - none August. Ballots must be returned in person to local offices, or postmarked before mid- Please letterfold and staple this form with the mailing address on the outside (reverse side) night Aug. 30, according to Keating. Eligible producers not receiving a ballot may pick one up at their local ASCS office. Michigan Farm News II. August 15, 1991 Coping With Michigan's Covered Load Requirements Saginaw County Gets The Spills Several Michigan farmers have been if residue from the product, such as chaff Under a new policy, anyone causing spil- the case and dealing with the issue of mud taking lessons on Michigan's covered load from com or wheat or materials such as lage on roads in Saginaw County must on the road," he said. law the hard way, especially during the water used to preserve and handle agricul- remove the substance immediately, or pay recent wheat harvest, according to MFB tural or horticultural products, escapes in an the Road Commission for doing it, accord- "The lawsuit," Walther added, "is the single, Legislative Counsel Ron Nelson. amount that does not interfere with other ing to the Saginaw County Road Commis- most blatant reason that we have (for the traffic on the highway. However, if the sion. policy) other than the normal cases where "Several farmers were surprised when they product itself escapes from the vehicle, it is we might stop by and say, 'we would like were fined for wheat that had blown off their a violation of the law. "We've had some difficulty in a number of you to clean up a little bit' and at most trucks during transport from the field to cases with not being able to get good places, most farmers are very cooperative in storage," said Nelson. "It's true that farmers "As the harvest season begins, it's important cooperation during harvest time when a lot that regard and they understand their have an exemption from having to tarp their that farmers understand that the product of mud is dropped on the roads," said Roger liability as well as ours." loads during harvest, but they're not exempt must be secured and not allowed to escape Walther, Deputy Director-Manager for the from fines and penalties for product that from the vehicle," Nelson said. "The maxi- Saginaw County Road Commission. Under the policy, farmers who do not does manage to spill onto the roadway." mum penalty is severe for both the operator cooperate will have to pay later. It reads, of the vehicle and the person who is respon- "And," he added, "in some cases it's been "Should the party or parties fail or refuse to According to Nelson, Public Act 67 of 1990 sible for either loading or unloading the very difficult for us to get farmers to remove such (spillage including dirt, mud, requires vehicles such as trucks to be loaded vehicle." cooperate and scrape the roads. This is the gravel, sand, agricultural fertilizer, product in a manner that prevents the cargo from exception rather than the rule, but it's just or by-product of an agricultural operation or "dropping, sifting, leaking, blowing off or A violation of the law could result in a fine that there are a few cases where we run into other foreign substance) in a timely or satis- otherwise escaping from the vehicle." of not more than $500, or imprisonment for uncooperative individuals that have factory manner, the Road Commission may not more than 90 days, or both. Again, the resulted in this policy occurring." remove same by means available to it, and The agricultural provision is important to penalties can be assessed both on the driver thereafter bill the cost of such to the respon- note: It is not mandatory that the vehicle be and the person responsible for loading or Walther said that another influential reason sible person, firm or corporation." covered if it is transporting agricultural or unloading the vehicles. for the policy was a lawsuit. "There was, horticultural products, but it is a violation if within the last two years, a major lawsuit According to Ron Nelson, legislative coun- the product escapes. The law does not apply For more information, farmers should con- where the Road Commission and the sel at Michigan Farm Bureau, there are to vehicles transporting hay, straw silage, or tact Nelson at (517) 323-6560. farmers involved lost money as a result of some concerns over the policy. "One con- cern is that if farmers are going to be billed for the cleanup, it is probably going to keep Case IH Pledges Tractor to State YF Discussion Meet Winner farmers from calling in situations that should be called in," he said. Case IH has raised the stakes in the Michigan Farm Bureau's State Young II _ "Another concern," Nelson added, "is a Fanner Discussion Meet, offering 100 hours situation where you have two or three fields free use of MAXXUM tractor to one lucky in the same proximity owned by two or three state winner, in addition to a Honda Four- different farmers. And depending on the Trax 300 all terrain vehicle. The winner can situation, if they are equally contributing to choose from three models, the 5120, 5130, the problem, who are they going to bill?" and the 5140, rated at 77, 86 and 94 PTO horsepower respectively. Nelson agreed that the Road Commission has a legitimate reason for the policy. He The Case IH line-up is from the latest series said, "The Road Commission has been of tractor models available. All three models generally cooperative in understanding the come equipped with 540 and 1,000 PTO problems farmers have and the Road Com- speeds, 16 forward - 12 reverse speeds with mission is hard pressed." a synchronized transmission, with an ex- clusive forward freverse shuttle shift. According to Walther, some surrounding counties have not adopted any policies like To make sure you have a chance to win 100 this but have a type of informal policy with hours free use of a MAXXUM tractor and a farmers in their counties that is similar to the Honda Four- Trax 300 all terrain vehicle, adopted policy in Saginaw County. don't miss the competition starting with your regional contests in August (see schedule). In addition, you'll want to be- come familiar with the following topics: 1. What is the future role of land grant universities for meeting the needs of com- mercial fanners? 2. How can American farmers and others in rural areas continue to receive adequate health care at reasonable prices? 3. Conservation - how does it affect a farm's future? For that summer-fall project .. · 4. What is the role of agriculture in reducing Rent from CRC and save 10% the United States' dependence on foreign oil? For additional contest information and registration, contact your county Farm Bureau office, or call MFB 's Young Farmer Department at 1-800-292-2680, ext. 3234. 1991 Young Farmer District Discussion Meets District Date Time Location Breakers • Backhoe Loaders • Compact Utility Loaders 7:00 Dowagiac Wide Track Dozers • Crawler Loaders • Scrapers l-Sept.23 Motor Graders • Landscape Equipment • Land Clearing 2-Sep.19 7:00 Jackson Forklifts • Hydraulic Cranes • Skidsteers 7:00 Ann Arbor Compactors and Tampers • Portable Screening Plants 3-Aug.29 CRC offers you ~ 4-Sept.l0 7:00 Middleville • Equipment Selection • Late Model - Like New 5-Sept.13 7:00 Lansing FREE CAP • Parts & Service Backup • Top Manufacturers • Six Convenient Locations. Daily-Weekly-Monthly Rates 6-Sept.5 7:00 Cass City 7-Sept.30 7:30 Stanwood 8-Sept.6 6:00 Chesaning GRAND RAPIDS (616) 538-2400 LANSING (517) 321-8000 DETROIT (313) 437-8121 DrlD CONTRACTORS 9-Aug.17 7:00 Mesick RENTAL when you call or TRAVERSE CITY SAGINAW RICHMOND 10-Sept. 27 7:00 Gaylord (313) 727-7502 CORPORATION visit any branch! (616) 267-5060 (517) 7n-0090 ll-Sept.4 7:30 Escanaba . Michigan Farm New~ August 15, 1991 A Chance to End the Wetlands Confusion Citing significant support in Congress for bills provide a clear definition of what a appropriately defined by the agencies," "The mood of farmers across this proposals to end regulatory confusion over wetland is and what is worth protecting. Hayes explained. country is that the bureaucrats have wetlands protection, the American Fann just gone too far. They have, in effect, Bureau (AFBF) is urging members of Con- "This legislation would inject badly needed The result today is a continued' grafting and taken land that we own away from us. gress to adopt "corrective legislation which common sense and consistency in wetlands expanding of Section 404 into "what is now 'They' are state agencies in some farmers sorely need." regulations and how they are enforced," the wetlands policy of the ~nited States." cases and, in almost all cases, the Kleckner explained. "On too many oc- AFBF President Dean Kleckner said the casions, the varying interpretations by four The legislation introduced by Hayes is Army Corp of Engineers, U.S. Fish level of support in both houses "should con- government agencies have produced dis- aimed at protecting property that should not and Wildlife Services, SCS and the be destroyed, classifying wetlands accord- vince reluctant lawmakers as well as the astrous results, locking up lands with ques- EPA, and 'they' don't agree." ing to value and function, and providing administration that wetlands regulatory en- tionable wetland values while robbing forcement is a real problem." landowners of their dreams and compensation to landowners who are They're confusing farmers who are livelihoods. " denied use of their property, Hayes ex- trying to follow the rules by giving In March, Reps. Jim Hayes (D-La.) and plained. farmers conflicting stories about what Thomas Ridge (R-Pa.) introduced the Com- The Crux of the Problem is and isn't a wetland, and their con- prehensive Wetlands Conservation and Rep. Jim Hayes (D-La.), one of the original "This is a fundamental right of ownership fusion ultimately shuts farmers down. Management Act of 1991 (H.R. 1330), cosponsors of the Comprehensive Wet- issue, driven not within the beltway, but far Farmers are fed up with the run- which currently has 154 cosponsors. Four lands Conservation and Management Act beyond it," he said. around they're getting!" AFBF Presi- representatives from Michigan have signed (H.R. 1330) explains that there is currently dent Dean Kleckner. on as cosponsors and include Reps. William no wetlands policy in the United States, Rep. Tom Ridge (R-Pa.), co-author of H.R. Broomfield (R-Birmingham), Dave Camp resulting in little or no sense of direction. 1330, adds that the legislation would pro- (R-Midland), Bob Carr (D-Lansing) and vide "classification, conservation and com- Guy Vander Jagt (R-Luther). "There is no formula by which you deal pensation" and end the "inappropriate use of "The U.S.D.A., Army Corp of En- with wetlands," he said. "Therefore, those regulation, which is cumbersome and cost- gineers, the U.S. Fish and Wildlife An identical Senate bill (S. 1463) was also who are interested in creating a policy ly." Services and the Environmental recently introduced by Sen. John Breaux regarding wetlands grafted onto a 20-year- Protection Agency are trying to revise (D-La.). It has 21 cosponsors thus far. old water bill, the Clean Water Act of Sen Breaux, when introducing S. 1463, their respective manuals to identify Neither Sen. Carl Levin nor Don Riegle are 1972." said: "The need for fairness and a greater wetlands. Unfortunately, they can't cosponsoring the bill. degree of certainty in the wetlands permit- agree on how to rewrite the definition ."That bill had a single paragraph, Section ting process demands congressional atten- and that's the reason we need legisla- According to Kleckner, the proposed legis- 404, and all it said when Congress passed tion. We've all heard wetlands-permitting tive action. Let's protect wetlands by lation provides a means to end the this dredge and fill bill regarding most of horror stories. A federal wetlands policy first defining them in a rational manner regulatory chaos which has angered farmers the Mississippi River and its tributaries was must be reasonable and be balanced." and let's protect what should be and other landowners across the U.S. The that the word 'water bottoms' would be protected by value and function. " Rep. Jim Hayes (D-La.), cosponsor of Hayes- Ridge bill . ..., "1 think it's really important for the Washington community to under- stand that this bill (H.R. 1330) is gain- ing momentum every day because of the people back home. These people have been affected by what I consider to be, in my nine-year history, the most impractical, most difficult group of bureaucrats that I've ever en- countered." Rep. Tom Ridge (R-Pa.), cosponsor of Hayes-Ridge bill. Richard Taylor Love Farm "The reason why we have a problem is because the bureaucrats and the Perry, Shiawassee County Dave and Robert Love regulators have taken a very narrow Farm: Cash crop Dafter, Chippewa County section of the federal Clean Water Act Commodities Grown: corn, soybeans, hay Farm: Livestock and tried to interpret that to use as a Size: 650 acres Animals: beef and sheep Size: 1500 acres national land use planning tool. The Richard Taylor has been in a dispute with the SCS for three years Years farm has been in family: 25 Clean Water Bill was never intended regarding grpund that has been declared wetlands. According to as a national land use planning pro- Taylor, the ground had been farmed at one time, but had been used Dave Love and his brother, Robert, bought an adjoining farm last gram, and yet they're trying to make it as a pasture in recent years. October. They checked into the regulations to make sure the ground fit into that mode. One of the basic could be worked. When it appeared to be fine, they went ahead with problems is that all wetlands are cur- "The biggest problem is that it hasn't been cropped," he said. "My the purchase, financing it through FHA. rently treated as if they're the same. dad raised com on that piece of ground for years and years. After They're not equal in the make up or that, nothing was ever put back on it. Then when I started farming, A conservation plan had been approved by SCS, prior to the new values or the amount of regulations I put it to pasture and did some tiling with plans to eventually fann farm bill. That approval, however, was revoked after Jan. 1, 1991, that are applied. "Sen. John Breaux (0- the ground. according to Love. La.), sponsor of Senate version of Hayes- Ridge bill. Taylor said that the SCS inspected his land and the outcome is ".We knew we couldn't put grain on it, but we made up a conserva- upsetting to him. "It just seems that if we own the land and have to tIOn plan so that we could plow it and reseed it and maintain the pay taxes on it, then we should be able to drain it and we should be surface grain that was on it," Dave Love said. able to work it," he said. "Things are hard enough with prices and "2,300 of 3,300 farm tracts. in Pike taxes the way they are. "We've got to work this land and do the best Love said that 175 acres of the 440 acres purchased has been County, Illinois, are designated or al- job we can or we can't make ends meet." declared as a wetland area by the SCS. "They (SCS) said I was in leged as wetlands. The SCS is violation of wetlands regulations which could cause FHA to recall responsible for making this identifica- According to Taylor, the SCS determination is somewhat of a the loan," he said. tion using aerial photography and mystery. "When they (SCS) looked at it, there was just a small without any water table studies in this trickle of water coming out of the mains," he said. The above picture "What this land is," Love added, "is poorly drained land and it hasn't 550,000-acre county." Kim Keoller, of the drain outlets were taken the morning after a one-inch rainfall had ~ny~hing ~one with it. The previous owner pastured it, and then Pike County, Illinois, cash crop farmer at during the previous night. he dldn t use It. Then the road was plowed with a grader several Washington, D.C., news conference. years ago and they blocked all the little surface drains. All this land Soil Conservation Service is drained by plow furrow type drains and when they got blocked off, the willow started to grow." Jim Dickie, a District Conservationist at SCS, commented on the Taylor situation. "If it has not been farmed for five years or more, "We have a serious problem in this it reverts back to a wetland status because it would have been a "What ~e ~anted. to do was to plow it up and put in a good pasture country today. It's not about wet- and mamtam the httle water burrows. But now we can't do that. All wetland prior to him clearing it or farming it," he said. lands. What's going on here is an out we can do is cut the brush and fence it," he said. and out power grab and struggle for "My own personal opinion is, if we are going to be doing wetland control of the land by the Army Corp determinations, we ought to be looking at areas that most people Soil Conservation Service of Engineers, EPA, andthe U.S. Fish would consider a wetland," Dickie added. Selden Collins, a District Conservationist at the SCS, commented and Wildlife Services, based on er- on the Love's problem. "With the farm they bought, they knew "In many cases, we've had to designate wood lots as wetlands ~forehand t~e wetland designation. Unfortunately, the 1985 farm roneous wetland determination because ofthe hydric soil conditions and the hydric vegetation that's bill changed m November and there were different regulations for made by the SCS. '~Jlm Gay, Pike on it, meaning brush and trees that grow in a wetland type soil," he County, Illinois, cash crop farmer at wetlands," she said. "It was kind of unfair to the Loves", said. Washington, D.C., news conference. August 15, 1991 Understanding the DNR's Role in Wetland Regulations The Department of Natural Resource's role in wetland regulation arose in 1984 with the cultivating, prote~ting, or harves.ti':'lg crops, or Improving the productivity the DNR has, in some cases, claimed juris- diction when, in fact, they didn't have it." Congressional III assumption of administering Section 404 of of land in established use for agricuf- the Clean Water Act instead of the EP A as is done in other states, according to MFB o ture, horticulture, or lumbering. Harvesting of forest products. Pontz added that many times, the DNR may get involved if the SCS contacts them for an Contacts Legislative Counsel Vicki Pontz. o Some minor road improvements if opinion if they think what is being done is in violation of the wetlands act, or a neigh- Your u.s. representative and senators will be home for the August recess -- an ideal adverse effects on the wetlands are Michigan is the only state in the country to minimized and width is not added or bor may call the DNR, or if the DNR hap- time to contact your representative and en- have assumed Section 404 authority. The rerouting is necessary. pens to see an activity they feel they have courage their cosponsorship of H.R. 1330 DNR processes 6,500 to 7,000 applications annually to permit dredge and fill activities. o Distribution power line construction if adverse effects are minimized. jurisdiction over. and your senators to encourage their cosponsorship of S. 1462. As of August 8, According to Pontz, the DNR has provided only four Michigan representatives had lent "There are advantages to this system, since D Straightening, widening, or deepen- testimony in opposition to the Hayes-Ridge their support to the legislation known as the ing of private agricultural drains and we have people within the state to work drains construcled or improved (not wetlands legislation, due primarily to con- "Comprehensive Wetlands Conservation with as opposed to EP A personnel based out iust designated) pursuant to the cerns about a classification system, longer and Management Act of 1991 (* indicates of the Chicago Regional offices," said Drain Coae of 1956, as amended, permit approval times, as well as concern those in support thus far). Pontz. "We also have an appeals process but only' if necessary for agricultural about having to reapply for assumption of through the Natural Resources Commission as opposed to appealing the case in the D production. Drainage of non-contiguous wet- Section 404 authority and, ultimately, the net loss of wetland resources. u.s. Senators courts as is done in the other states." Donald W. Riegle, Jr. D-Flint lands (unless designatea as neces- (202) 224-4822 sary for preservation by the DN~) if In their written testimony, the DNR claims Pontz added that Michigan also has a wet- necessary for crop productIon to have developed a model, state-assumed Carl Levin D-Southfield lands act called the Goemaere- Andersen provided tHat any future non-farming 404 program that other states should aspire (202)2 224-6221 Wetlands Protection Act, Act 203, that the use requires a permit. to: "We have held this unique position DNR is involved with on a regular basis. D Construction of farm roads, forestry since 1984 and, by widespread opinion, U.S. Representatives roads, or temporary roads for have developed a model program that offers (202) = Washington, D.C., Office Phone In regard to agricultural wetland issues, moving mining or forestry equipment a much quicker, more responsive, and more D.O. = District Office Phone Michigan's Wetlands Protection Act con- if adverse effects are minimized. effective regulatory program than any other David Bonier, (D-Mt. Clemens) tains several exempted activities including: state or federal system in the country." (202) 225-2106 D.O. (313) 469-3232 "There shouldn't be any DNR involvement o cluding Some existing farming activities in- minor draina~e, which is in an agricultural activity at all, unless the . Ironically, of the 400 wetland cases from 39 *WiIIlam S. Broomfield (R-Blrmlngham) wetland in question is contiguous to (ad- states submitted to Washington, D.C., as (202) 225-6135 D.O. (313) 642-3800 definea by the act as aitching, and I joins) an inland lake or stream or one of the tiling for the removal of excess soil proof of the current wetlands fiasco, 50 * Dave Camp (R-Mldland) moisture incidental to the planting, Great Lakes," said Pontz. "In my opinion, were from Michigan. (202) 225-3561 D.O. (517) 631-1552 * Robert Carr (D-Lanslng) (202) 225-4872 D.O. (517) 351-7203 Barbra Rose Collins (D-Detroit) (202) 225-2261 D.O. not available John Conyers (D-Detroit) (202) 225-5126 D.O. (313) 961-5670 Robert Davis (R-Gaylord) (202) 225-4735 D.O. (906) 228-3700 John D. Dingell (D-Dearborn) (202) 225-4071 D.O. (313) 846-1276 William D. Ford (D-Taylor) (202) 225-6261 D.O. (313)722-1411 Paul Henry (R-Grand Rapids) (202) 225-3831 D.O. (616) 451-8383 Dennis M. Hertel (D-Detroit) (202) 225-6276 D.O. (313) 574-9420 Dale E. Kildee (D-Flint) (202) 225-3611 0.0.(313) 239-1437 T&RFARMS Sander M. Levin (D-Southfield) (202) 225-4961 D.O. (313) 559-4444 Tom and Rich Johnson Carl D. Pursell (R-Plymouth) . Standish, Bay and Arenac Counties (202) 225-4401 D.O. (313) 761-7727 Farm: cash crop Bob Traxler (D-Bay City) Crops Grown: corn, dry beans, wheat (202) 225-2806 D.O. (517) 752-6999 Size: own 180 acres, rent another 1,150 acres Frederick S. Upton (R-St. Joseph) The Johnsons have approximately five acres that they'd like to clear (202) 225-3761 D.O. (616) 982-1986 and tile to improve drainage and straighten out several adjoining * Guy Vander Jagt (R-Luther) fields. However, the SCS has determined the parcel to be a wetland. (202) 225-3511 D.O. (616) 733-3131 Howard Wolpe (D-Lansing) "It's kind of on an angle with the way we plant," Johnson said. "We, (202) 225-5011 D.O. (616) 385-0039 asked if we could tile the parcel and at the same time straighten the borders of the fields up, but SCS won't let us do it." Lynn Walton "If I could just run a main through there and catch the "This year I'd say we lost $1,500 to $2,500 in crops because we water that we are dumping in there from the rest of the can't plant by this wetland or tile by it," said Johnson. "It's a farce. Imlay City, Lapeer County farm," he explained, "that would dry all of the area up." If I'm paying taxes on it and making a farm payment on it, I should Farm: cash crop be able to do something with it." Commodities Grown: corn and navy beans "With both spots, it isn't a big acreage loss, but it is a Size: 2000 acres big hassle working around those little potholes with big "If the government is going to start telling the farmers when they equipment," he said. can clear their property and when they can't clear it, they should be Lynn Walton has two areas on recently purchased land willing to compensate the farmer for it, such as paying the property that are currently in dispute. "The one area is a little Walton's dispute over the pond started last year and the taxes," said Johnson. pond (top photo) while the other has a bunch of cattails other conflict began about two years ago. He admitted and brush (bottom photo). The one with the pond is a that he is not sure what a wetland is. "Well, if there's a man-made pond. He (the previous owner) was going to cattail out in a wet spot, you can't drain it, is that right? Soil Conservation Service I don't think anybody really knows what a wetland is. build a house there, but I don't want that pond there. I Jim Hergott, a District Conservationist at SCS, commented on the don't see why I can't fill a man-made water hole," They can't really define it," he said. T & R Farm situation. "We have to look at what we are doing to Walton said. the farmer. If this area is considered a wetland, financial compen- Agricultural Stabilization sation from the government might be a possibility," he said. "I guess "It would be different if we were trying to drain a 100 from an agency standpoint, we are not saying he can't do anything acre swamp or something," he explained. "But what I Conservation Service f with the land. What we are saying is that if he wants government want to drain is a man-made pond. I don't see where Jim Vosburgh, a District Conservationist for the ASCS, benefits, he can't do anything with it." that should be called a wetland. It's only 50 feet wide declared Walton's area with the tile problem a wetland. and 100 feet long." About the tiled area he said, "There was definitely "What we do is look at the soil types per the soil survey and standing water, a foot to two foot of water, with willows, determine whether it is a hydric soil or not. If it's woody vegetation, According to Walton, the other parcel in dispute was cattails and other things that are characteristic of a then we call it a wetland from the office. All of our first determina- tiled and farmed at one time, but the tile that went across wetland." tions are done from the office." Hergott said. the road had broken, caved in and plugged, creating an unwanted wetland. He went on to describe the three ASCS criteria for a According to Hergott, looking at the intent of the laws on wetlands wetland. The first is hydric soil, which is soil that is is important. "Is the intent of the law to provide waterfowl habitat? After Walton bought the farm, he fixed the old tile and formed from water conditions. The second is that the Is the intent to provide for wildlife habitat? Or, is the intent of the tiled the rest of the farm. However, with the new tile and spot has water loving plants or hydrophidic plants either law to keep land out of production so we don't have to have these additional water drainage to the low spot of the field, growing or capable of growing under natural condi- subsidies?" he asked. additional tile is needed. Walton said he would like to tions. The third condition is that it has a water table up add more tile to dry the area up, but the ASCS declared near the surface within a foot to 18 inches for at least the parcel a wetland. two weeks or more out of a year. 1991 State Policy Development Committee Appointments Announced Front row l-r: Ron Bodtke, Wayne Wood; second row: James Isley, Duane Tirrell, Carol Lauwers, Barb Vander Meulen, Les Roggenbuck, Ray Baker; third row: John Bull, Judy Emmons, Carmen Cousino, Diane Horning, Ken Swanson, Ed Kosters; fourth row: Robert Desjarlais, Blaine VanSickle, Tom Fleischmann. Not pictured: Terry Bellville, Michele Lenneman. COMPARE FREE PLANNING Wayne Wood, of Marlette, operates a dairy Kalkaska, Manistee, Missaukee, Northwest OUR STRONG AND ESTIMATES Michigan, and Wexford. and cash crop farm in Sanilac County in FABRAL STEEL Let us help you pick the best building to suit your needs. Ask Us! partnership with his father, brother and son. 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