Heavy winds, rain and hail wreaked havoc in corn and soybean fields across the state. page 3
U.S. House members overwhelmingly block Trade Promotion Authority legislation. page 4
Illinois food products took center stage at the Food Marketing Institute trade show in Chicago. page 8
AFBF: Final WOTUS rule worse than original Monday, June 15, 2015
BY DEANA STROISCH FarmWeek
Periodicals: Time Valued
American Farm Bureau Federation (AFBF) leaders describe the final rule governing the “waters of the U.S.” as “even worse for farmers and ranchers than the proposed rule.” Officials from the national farm organization shared their analysis of the nearly 300-page rule during a conference call with reporters last week. They also rebutted claims from the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers. Federal officials continue to emphasize the final rule adds clarity and certainty. For example, during a webinar last week, EPA officials said the final rule narrows federal jurisdiction over ditches and makes the Clean Water Act clearer by including the definition of tributary, which previously went undefined. “It really is a marketing campaign,” said Ellen Steen, AFBF general counsel. “It is highly deceptive, and it’s aimed at persuading farmers and ranchers that they’re not going to be affected by this rule and that life isn’t going to change under this rule ... Those are false statements.” “When this rule goes into effect, and that’s going to be 60 days after it appears in the
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Federal Register, the lawsuits may not come the first week. And they may not come the second week, but enforcement of this law is coming,” Steen said. “It’s coming to the countryside. And when it hits, life is going to change significantly for a lot of farmers and ranchers.” AFBF President Bob Stallman said the final rule made the definition of a tributary broader and INSIDE more vague. He also pointGet the latest ed to language on efforts to allowing agenstop the final cies to make rule. Page 4 “remote determinations” by using remote technology to find indicators that the land should have characteristics (a bed, bank or an ordinary high water mark) that would make it a tributary. “What that means for landowners like myself is that land that does not appear to the naked eye to have a bed, bank or an ordinary high water mark — or even to experts that will be standing on the land — could be determined by someone in an office hundreds or thousands of miles away to be a federally regulated water of the U.S,” Stallman said. Concerns over federal regulation of ditches weren’t
addressed in the final rule either, Stallman said. “Same ditch, different day,” he said. Under the new rule, many ditches fall under the definition of tributaries including roadside ditches that have perennial flow; ditches that have inter-
mittent flow and are a relocated tributary, were excavated in a tributary or drained wetlands, and ditches that have ephemeral flow, and are a relocated tributary or were excavated in a tributary. “Bottom line is that no
farmer can look at the ditches that run alongside or within his farm fields and know whether those ditches are waters of the U.S. or not,” Stallman said. “So much for certainty.” See WOTUS, page 4
PREPARING FOR SHOW
Jacob Wenke, 10, son of Joe and Janet Wenke of Monticello calms one of his chickens as he prepares to show the bird at the Macon County fair last week. From left, his brother, Jeremiah, 9, and Regan Pyatt, 9, a fellow Cisco Clovers 4-H member, discuss last-minute show tips. While no cases of Highly Pathogenic Avian Influenza have been detected in the state, Illinois Department of Agriculture officials will permit only Illinois birds to exhibit at 2015 state, county and 4-H fairs until further notice. See page 5 for an update on the situation. (Photo by Ken Kashian)
Legislature passes many IFB state priorities
BY KAY SHIPMAN FarmWeek
State legislators continued meeting last week, but the General Assembly already passed many of Illinois Farm Bureau’s legislative priorities and forwarded them to Gov. Bruce Rauner. “Overall, we were successful on many of our legislative priorities for this session,” said Bill Bodine associate director of state legislation. Most of the priorities touched upon landowner protection — a point not lost on two legislators who sponsored one of the priority bills, SB 1726. “I wanted to make sure landowners are taken care of,” Rep. Brandon Phelps, DHarrisburg, told FarmWeek. Phelps and
Sen. Chapin Rose, R-Mahomet, sponsored SB 1726 that will better inform impacted landowners about electric transmission line projects. Rose agreed: “I appreciate help from Farm Bureau in drafting this legislation to further enhance landowners’ rights.” Passing unanimously in both chambers, SB 1726 changes the notification requirements and other protections for landowners whose property may be impacted by a transmission line project. Phelps described the bill as “giving farmers and landowners more teeth” to ensure they may raise concerns. The bill would require the Illinois Commerce Commission (ICC) to send notices to landowners in the proposed right-of-way of
a transmission line. After the ICC approves a project, the utility company would have to notify landowners between three and 15 days before starting survey work or land use studies, allowing landowners to be aware and present during the activity. “There’s always more work to be done, but this is a good step forward,” Rose said. Phelps added: “I thank Farm Bureau for allowing me to sponsor this legislation and thank them for being the voice of landowners and farmers.” Landowner protections underpin HB 3523, legislation requiring an agricultural impact mitigation agreement related to commercial development of wind energy. Rep. Adam Brown, R-Decatur, and Sen. See Legislature, page 7