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SECTION VII NATURAL RESOURCES AND THE FAMILY FARM
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Public and privately-owned land, mineral and other resources should be conserved and administered in the interest of all people.
1. SOIL AND WATER STEWARDSHIP
A. Land and water stewardship is part of the social contract between food producers and the rest of the society. Producers have a responsibility to maintain and improve the productivity of the land. In return, they should be rewarded for their stewardship by farm programs which provide a prosperous livelihood for the farm family.
B. Farm Service Agency (FSA) and Natural Resources Conservation Service (NRCS) should work to achieve the mutually beneficial objectives of proper stewardship and the maintenance of family farm agriculture.
C. Conservation Planning
(1) A conservation plan should be jointly developed by the farm operator and the Natural
Resources Conservation Service (NRCS) for each farm unit. This plan should designate which highly- erodible soils should not be tilled and which can be tilled with approved conservation practices. The plan should clearly map and document both existing and drained wetlands, as well as any drains and channels. The plan should consider all soil conditions in the conservation of the wetlands, as well as the maintenance of existing drains and channels.
(2) Such a conservation planning system should replace the existing sodbuster and swampbuster provisions and should be supervised and approved by the Farm Service
Agency (FSA) committee process, with the technical assistance of the NRCS.
(3) Producers should be allowed to remedy inadvertent or unavoidable failures to carry out conservation plan practices. Otherwise, penalties should be based on the degree of the violation. Loss of full federal farm program benefits should be imposed only in cases of purposeful destruction of conservation practices.
D. Conservation Funding
(1) We believe family farmers and ranchers are stewards of the land – that is, we are aware of our impact now and on future generations. We strive for a balance of natural resources and production of food and fuel. That balance is a difficult one to strike, and that’s why we are concerned how the word “conservation” is defined and who defines it.
(2) We believe that any funding of conservation projects, including projects funded by grants from the North Dakota Outdoor Heritage Fund, must meet the following parameters:
(a) Oil extraction and production taxes should first be used to address infrastructure,
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (b) Any such fund must not be enshrined in the constitution. Doing so limits the opportunity for public debate and ties the hands of the people.
(c) The fund must be capped, so that we can continue to evaluate and fund our state’s priorities over time.
(d) The governing structure must include agriculture’s voice; NDFU specifically must have a seat at the table.
(e) The funding opportunities must be made available for programs meeting all definitions of conservation, including stewardship practices on working lands, such as tools that enhance soil health, water quality, plant diversity, carbon sequestration, and animal systems. These working lands projects should receive priority consideration.
(f) We also advocate that the fund be forward looking, not only from a conservation perspective but also from a land use perspective. Any such funding must not be used to acquire land. Further, it must not tie up land for more than 20 years.
(3) We support continued funding of the North Dakota Outdoor Heritage Fund.
(4) From a family farm or rancher’s perspective, the land is our livelihood and our legacy.
Any public funding for conservation must strike a balance to protect both.
(5) We urge that half of the funds allocated to the Natural Resources Trust Fund should be designated as a soil conservation trust fund to assist agriculture producers.
(6) We support adequate funding for soil conservation districts.
2. CONSERVATION RESERVE PROGRAM
Conservation programs should be good for the environment, reward stewardship, discourage speculative development of fragile land resources, strengthen family farming and enhance rural communities. The Conservation Reserve Program should be extended, providing that:
A. The most environmentally-sensitive land be given first opportunity for extension.
B. There are incentives to aid beginning farm and ranch families in obtaining land leaving the
Conservation Reserve Program.
C. The new CRP payments be equal to local rental rates.
D. There should be stricter criteria for land to be eligible for CRP. There need to be limits on how much land can be enrolled in CRP in a particular area to limit the impact CRP has on rural communities. CRP should not be a retirement program for farmers. Whole farms should not
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 be able to be enrolled. There should not be more than 35% of the tillable acres in a farm unit enrolled in CRP.
E. CRP acreages need to be closely monitored by NRCS with enough funding to enforce contract requirements for adequate weed, insect and fire control, and mandatory noxious weed control.
F. We support emergency haying and grazing of CRP acres. We support the Secretary of
Agriculture having the authority to release acres for emergency haying. We believe producers should be allowed to hay 100% of their CRP land during times of declared drought.
G. We recommend that all CRP, WRP, etc., be allowed to be hayed or grazed every other year to reduce the amount of dead grass/vegetation that would promote additional kindling/fuel for wildfires, which would also increase biodiversity.
H. Conservation Reserve Program funding should not be taken from farm support payments/deficiency payments.
I. In the case of an existing grass stand, CRP acres that are to be re-enrolled should not have to be reseeded or interseeded with other grass types.
J. Land managed with appropriate organic standards while enrolled in CRP should be eligible for organic certification upon leaving the program.
K. We support the establishment of a short-term conservation reserve program of 3-5 years for land that has temporarily lost productivity.
L. At this time, virgin ground needs to be in production for 3 years before being eligible for the CRP program. We propose that it be changed to 10 years before it qualifies for the program.
3. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
The federal program provides cost share for conservation practices that improve groundwater quality, plant diversity, wildlife habitat, animal waste systems and conversion of existing irrigation systems. These are all statewide resource concerns that have been prioritized by the State
Technical Committee. The Committee has determined that animal feeding operations are a priority for EQIP funding. We support this program and urge that funds be targeted to small and medium sized farms and ranches.
4. SOIL AND WATER MANAGEMENT
A. We favor allowing county FSA committees the flexibility to adjust the rules for CRP and for cover crop on conserving acres to fit into programs already being used by individual farms to control erosion.
B. We favor continuation and increased federal and state funding of agricultural conservation programs (ACP) and the Natural Resources Conservation Service (NRCS) be kept as a stand alone agency.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 C. To encourage more tree plantings, we encourage FSA to include the cost of tree maintenance for the first ten years after planting as part of its cost-sharing program.
D. We support the Small Watershed Program for proper water management.
E. Administration of swampbuster provisions should be regulated by one government agency to ensure that agricultural concerns are fully considered. We strongly support flexibility to allow channel maintenance and clean-out, maintain proper water management and provide an economic incentive to the landowner for retaining wetlands.
F. We believe legal assessment drains provide crucial drainage relief for North Dakota farmers, provide outlets for ag and tile drainage and protect local, county and state road infrastructure from damages due to sustained saturation and uncontrolled drainage.
G. We support the authority of water resource districts to create, construct, operate, manage, maintain and improve legal assessment drains for the benefit of the agricultural economy in
North Dakota, for the benefit of road authorities throughout the state, and for the benefit of
North Dakota taxpayers.
H. We urge that multiple use of federal rangelands be closely monitored to ensure that agricultural usage is maintained at present levels in relation to recreational and other resource usage.
I. We oppose the wilderness designation of land in North Dakota.
J. We acknowledge the need to increase river flows when the need arises but believe that the
Corps of Engineers needs to be more responsive to potential flooding and its impacts to downstream communities.
K. We urge the North Dakota Legislature to continue a program in ND to address the soil salinity problem. Salinity specialists should coordinate educational and research efforts among
NDSU, Extension, Soil Conservation Districts, NRCS, farm and commodity organizations and others.
L. We recommend detailed soil surveys and groundwater surveys for our entire state and urge the Legislature to fund these projects.
M. NDFU supports adequate funding of the Conservation Stewardship Program (CSP), EQIP and other conservation programs.
N. We urge NRCS to implement the CSP program as it was originally designed to reward good stewardship and to provide incentives for enhanced conservation efforts.
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5. WETLANDS POLICY
A. Wetlands of less than two acres should not be under any jurisdiction by state or federal agencies.
B. The exemption of Type 1 wetlands from swampbuster provisions is a must.
C. When dealing with farmland, primary consideration should be given to the economic impact on agriculture.
D. Landowners should be able to move water within the boundaries of their property without regulation, interference or easements.
E. We support no net gain of wetland acres.
F. We urge no net gain of wetland acres in mitigation banking.
G. We urge funding of the federal and state waterbank programs to eliminate the need for federal acquisition of wetlands.
H. Any policy developed should recognize the function of wetlands as an agricultural property.
I. Water outside the boundary of a wetland should be considered sheetwater and not subject, under any circumstances, to jurisdiction by state or federal agencies.
J. We oppose the Corps of Engineers being given jurisdiction over farmed wetlands.
K. We oppose the use of special interest groups making wetland determinations.
L. Federal agencies should be consistent with rules they use to determine wetlands, as well as wetland management practices. The rules should be based on sound science.
M. The NRCS wetland mitigation process needs to be a simplified process that should be finished within one year.
N. We urge NDFU to study and hopefully to implement a plan for creating a wetland mitigation bank, even if an easement is required.
6. RURAL WATER FUNDING
A. We encourage adequate state and federal funding to support affordable rural water systems, including grants to cities.
B. We encourage the education of all North Dakotans on the need for a clean, safe and plentiful supply of water.
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7. STATE WATER POLICY
Since our state’s water belongs to all the people of North Dakota, the North Dakota Water
Commission should manage our water resources to the greatest advantage to our citizens, with all areas of the state being given equitable consideration.
A. We call for adoption of a comprehensive state water policy which will allow North Dakota to claim its rightful share of water resources.
B. We support funding for water projects by the federal government due to the long-standing commitment that was made to the people of North Dakota for diversion of Missouri River water.
C. We believe supplemental state funding of water development and drainage projects to be in the best interest of North Dakota.
D. The Devils Lake Basin continues to have problems with excess water and flooding. We support the outlet that would bring water levels down to 1,446 feet above sea level in a responsible manner for stabilization and emergency relief, as long as the quantity of water being sent downstream is controlled.
E. The state should take over partial responsibility for the design, construction, operation and maintenance of the Garrison Diversion project main delivery system; the objective being to make Missouri River water available to the Sheyenne and Red River Valleys, the Devils Lake
Basin and the Oakes Test Area along the James River.
(1) Garrison Diversion should be primarily a federally funded responsibility and we urge its continued funding.
F. We urge that in water and wetland disputes, an unbiased third party be used, such as the
North Dakota Mediation Service.
G. We support better water management by local, state, federal and international officials to prevent flooding.
8. FEDERAL AND STATE WATER DEVELOPMENT
A. We urge adoption of the following order of preference in the use of Missouri River water: (1) domestic and municipal consumption (4) industrial consumption
(2) agriculture (3) hydroelectric power (5) wildlife and recreation (6) navigation
B. We oppose the federal government (Army Corps of Engineers) charging storage fees for
North Dakota water.
C. We oppose the use of prime farmlands for flood control projects wherever possible. We favor flood- ways which require less land acquisition for project works and wildlife mitigation than
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 large dam projects. We favor zoning laws prohibiting construction in flood-prone areas. We oppose the use of land for the purpose of staging or storing of flood waters as an element of a flood control project, without the consent of the affected landowners. If consent is received, adequate compensation must be provided; including damages relating to delayed or prevented planting and/or harvesting of crop, hay or pastureland.
D. When flood control measures such as dikes, river diversions and dry dams that affect prime ag land are proposed, the entities promoting the project must have a detailed independent study of the watershed and how the proposed project will affect prime ag land. Then the entities promoting the project must use these studies to locate the project to minimize the affect on prime ag land over other factors.
E. We oppose broadening the definition of what waters are covered under the Clean Water Act.
F. We are opposed to the broadening of the federal government’s jurisdiction over a group of waters, such as the entire Prairie Pothole Region, simply because the bodies of water are near each other.
9. FISH AND WILDLIFE
A. An upper limit must be established on the total acreage controlled in North Dakota by private, state and federal fish and wildlife agencies. Land acquisitions, easements, mitigation acreages and wildlife projects must be reviewed in the context of a statewide wildlife resources conservation and development plan which is coordinated among the various state and federal agencies. The plan must take into account the agricultural and environmental characteristics of the different regions of the state. An appeal system based on fairness and equity shall be established.
(1) The State Industrial Commission, with the advice and consent of county commissioners and other appropriate public officials from the affected areas, should have final review of land acquisitions, easements, etc., in relationship to the statewide wildlife plan.
B. We support legislation that would require the U.S. Fish and Wildlife Service (USFWS), ND
Game and Fish Department (NDGF) and all other public agencies to disclose the actual number of acres within their control, including, but not limited to, owned land, easements, water acres, land acres, refuges and all other tracts.
C. We support legislation which would require USFWS and NDGF to disclose all donors and all funding they receive as cost-sharing, matching funds, or in-kind contributions from all private or public entities.
D. All wildlife easement contracts taken by the U.S. Fish and Wildlife Service in North Dakota should specify the exact wetlands included under the contract and be renegotiated every 15 years or less or upon change of ownership. We oppose the granting of perpetual wetland easements to the Fish and Wildlife Service.
E. We oppose the Fish and Wildlife Service imposing easements on any property acquired by
FSA or any government agency.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 F. We support the comprehensive delineation of pre-1976 easements in order to specifically and definitively determine what land is currently under easement with the U.S. Fish and Wildlife
Service.
G. No governmental agency should exercise the power of eminent domain in obtaining any acreage for mitigation and wildlife. Such acreage should only be obtained on a willing seller basis.
H. We support a control and compensation program for crop and livestock damages by wildlife, including the issuance of extra hunting licenses year round to landowners in areas of severe wildlife depredation. These licenses could be used for personal use or resale by the landowner. We further support a bounty program to control predators within the state, funded by the state.
I. We encourage Game & Fish to issue the appropriate amount of big game licenses per unit to manage big game populations in that unit.
J. Any land or restrictive easements held by any government entity should be subject to paying in- lieu-of property taxes amounting to 100 percent of taxes due on that property.
K. We are opposed to the introduction of non-native fish species into our state’s natural waters unless such species are approved by the American Fisheries Society and the North Dakota
Legislature. We support the ongoing efforts to limit the entrance and spread of aquatic nuisance species in North Dakota.
L. We recommend that the Fish and Wildlife Service be allowed to burn only if no one can use the grass for haying or grazing. We commend the Fish and Wildlife Service for allowing haying and grazing.
M. We encourage legislation to limit/restrict the powers of U.S. Fish and Wildlife and the North
Dakota State Game and Fish Department and to reorganize these departments to be more cooperative with farmers and ranchers.
(1) We encourage the Game and Fish Department, wildlife and conservation groups to communicate with landowners and landowner groups to work toward building a better relationship between the hunter and landowner.
(2) We believe all individuals caught trespassing on private land should be prosecuted
N. We oppose the boundary fencing policy of the Corps of Engineers and the North Dakota
Game and Fish Department in the fencing of Lake Sakakawea and Lake Oahe.
O. We oppose the use of social security numbers on hunting and fishing applications and licenses.
P. The number of mountain lions are increasing and are a threat to North Dakotans and their
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 livestock. We would like the ND Game and Fish Department to manage numbers as appropriate.
Q. Due to the increase in waterfowl, the waterfowl hunting season should not restrict any hunter from participating in the full season, including out-of-state hunters.
R. We recommend a percentage of all hunting license fees be paid to counties and townships for maintenance of roads and the eradication of noxious weeds.
S. We support the North Dakota Landowner-Sportsman Council and hunter safety programs in their efforts to encourage good hunting practices and respect for property rights and urge increased funding for the Hunter Safety Program.
T. The landowner or operator should not be held liable for accidents occurring as a result of recreational activities, visitation or trespassing on their property.
U. We believe that all private land should be considered “POSTED.” NDFU supports the property rights of landowners.
V. The endangered species issue requires a balanced and fair resolution which protects the environment, while at the same time considering the economic impact on agriculture and other institutions.
10. STRIP MINING AND OIL EXPLORATION
A. We believe continuing research and reviews of reclamation methods must be ongoing in order to improve the productivity of reclaimed land. Modern conservation techniques, which improve the productivity of specific problem areas, should be part of an improved reclamation plan.
B. We urge the Legislature to direct the PSC to set a timeline for completion of reclamation and final bond release once mining has ceased.
C. The State Industrial Commission should supervise the site restoration required of oil development and exploration firms.
D. NDFU supports efforts to protect existing water sources from damages related to seismographing activities. We support efforts to restore the 1,320 foot setback requirements from all wells, springs and farmsteads.
E. We support increasing the notice requirement for seismograph testing to at least 30 days to allow for wells to be tested prior to seismograph testing.
F. We are concerned about the potential environmental damage caused by coal bed methane production and development, and urge environmental impacts be studied prior to permits being issued.
G. We are concerned about the potential environmental damage caused by runoff of surface
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 water from oil production locations onto surrounding farmland, and urge regulation by the appropriate state agency.
H. We support a study resolution to research and provide recommendations addressing the problems with the current regulations that oversee saltwater disposal systems.
I. The use of hydraulic fracturing is an important component in oil drilling and exploration. We propose that the names and origins of all chemicals used in that process must be identified as safe with the state and that list be made available to the public before they are used.
J. We encourage the state to develop policy overseeing a safe, efficient and organized pipeline gathering system for oil, gas and saltwater lines, including pipeline monitoring, placement, and leak detection systems.
K. North Dakota law requires the director of Oil and Gas Division (regulating agency) to carry out the duties of the director of Mineral Resources Division (promoting agency). We urge that the North Dakota Legislature separate the duties of promoting petroleum and regulating petroleum in order to create a checks and balance system that will fully protect the rights of landowners separately from promotion.
L. North Dakota should make it a priority to reclaim oil well sites instead of holding on to the oil companies’ bonds.
11. RESOURCE DEPLETION AND IMPACTS
The agricultural, economic, social and environmental impacts associated with energy development must be considered an energy production cost. State or local government should not be asked to subsidize energy consumers by accepting such cost.
A. The coal severance tax must be maintained over the coal conversion tax so the economic benefits may be realized within the state. North Dakota should establish a severance tax based on a per- centage of the average cost of coal as determined by a state assessor at the mine mouth.
B. We urge the use of a portion of the oil extraction fund monies to fund research and development of renewable energies.
12. ENVIRONMENTAL ENHANCEMENT
Our land, air, water and soil provide us with the ability to survive and require greater care as population increases.
A. We need more information and education concerning the present condition of our water supply and what we can and should do to prevent any further contamination.
B. The practice of weather modification should be continually monitored and information provided to the public about the effects weather modification technologies have on our
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 C. We urge that any standards applied to farm fertilizer and chemical run-off should also be applied to all users of chemicals and fertilizers.
D. We urge all public facilities to recycle whenever possible.
E. We urge legislation that would encourage greater use of biodegradable products and recycling, including scrap metal, in North Dakota.
F. We favor legislation to prohibit the sale of beverages in non-returnable and non-recyclable containers and the institution of a deposit fee to provide a strong incentive for their return.
G. We believe that farmers, chemical manufacturers and the N.D. Department of Agriculture should be involved in finding solutions, including recycling, for the proper disposal of crop protection containers
H. We support the disposal of old and unlabeled crop pesticides under Project Safe Send and urge the North Dakota Legislature to fully fund Project Safe Send.
I. We are opposed to the importation of out-of-state waste, hazardous or otherwise.
J. We are opposed to the transportation of food products in containers that have carried incompatible substances such as toxic chemicals or waste.
K. We strongly urge our country to refrain from signing environmental treaties with other countries without extensive research and open debate within the United States.
L. We support USDA funding for climate change research.
M. We are concerned about the growing number and application of regulations concerning storage and use of farm fuels and chemicals. We urge review of these regulations, development of a clear and concise guide to aid compliance with sensible regulations and removal from the law of those regulations which are not enforced.
N. We urge Congress to pass legislation to exempt agriculture from the EPA fuel oil storage rules.
O. We urge the Environmental Protection Agency (EPA) to place more emphasis on preliminary planning assessment with the states and tribes before expanding the Visibility Protection
Program through the addition of the regional haze concept, and to repropose a rule addressing a more reasonable and realistic approach to the issues of regional haze.
P. We encourage EPA to adopt the North Dakota Department of Environmental Quality’s finding, utilizing actual air quality monitoring data and improved computer modeling, that the State of
North Dakota is in compliance with all EPA air quality requirements for Class 1 areas.
Q. We recommend that the implementation of federal regulations for air quality by the EPA at
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 coal power plants be stopped and allow Congress and the State of North Dakota to set regulations for emissions from coal-fired power plants.
R. We support EPA regulation of coal ash as a non-hazardous waste, and strongly oppose the proposal that EPA regulate coal ash as a hazardous waste. Coal ash has beneficial uses as a product in high- way and building construction, and recycling coal ash is often a better alternative than impoundment as an industrial waste. If regulated as a hazardous waste, the beneficial uses of coal ash would be severely curtailed.
S. NDFU encourages all government officials to visit North Dakota coal-fired power plants, which are some of the cleanest in the world.
T. We strongly urge mandatory eradication of noxious weeds on oil well locations to prevent spread of noxious weeds onto private farmland and keeping weeds under mandatory control before going to seed and becoming a tumbleweed, causing deterioration of fencelines and farmyards.
