May 2015 New Mexico Farm & Ranch

™ ® May 2015

Volume 72, No. 4

“Making Personal Connections with a Trip to D.C.”

by Chad Smith, NMF&LB CEO

From left to right: Chad Smith, NMF&LB CEO, Boe Lopez, Jim Taylor, Danielle Lowry, Craig Ogden, Kathy Reagan, Deena Kinman, Larry Reagan, Jennifer and Matt Lansford, Zach Riley, Jim and Earlene Ellett, Mike and Helen White, and Tommy Ortiz.

Our congressional delegation is so busy with bills, meetings and sessions, sometimes it is hard to squeeze visits from constituents into their schedules.

But fortunately, on a recent fly-in of ten New Mexico Farm & Livestock State Board Members, all five of our national lawmakers were available for wide-ranging discussions covering taxes, the Endangered Species Act, and the Environmental Protection Agency’s Waters of the U.S. Rule.

Face-to-face meetings such as this are imperative for food producers.

Since we only represent 2% of the population, it is harder for us to have the same impact on issues that other groups are able to have since they represent more people. By meeting in person we are able to take the time to share personal stories of how legislation has affected our farms and ranches.

For instance, Craig Ogden, Congressman Ben Ray Lujan listens to the concerns of NMF&LB State Board Members.

NMF&LB First Vice cont. pg. 4 May 2015

Farm & Ranch Page 1

IDEAS AND ELBOW GREASE

The President’s Column

By Michael S. White, President

Seeing the Forest through the Trees Sometimes we get so busy tending to the issues closest to us that we forget that there are equally pressing matters occurring elsewhere. That’s why it is important for us to remember that while the actions of the New Mexico legislature are vital, their proximity doesn’t make them any more important than legislation introduced at the national level.

We need to be able to see through the trees to the forest. With that in mind, several New Mexico Farm & Livestock Bureau State Board members recently traveled to D.C. to meet with our congressional delegation.

Ten board members, along with myself, Chad Smith, Zach Riley and Theresa Widner visited with New Mexico’s two senators and three congressmen the third week of April. This fly-in allowed us to make those personal connections that are invaluable when legislation arises that either hinders or advances agriculture in our state. Taking the time to visit our lawmakers in D.C. makes legislators more aware of our issues and helps them put a face to our industry.

Two issues of particular importance that we spoke about with all the delegates was the Waters of the U.S. rule (WOTUS) that has been advanced by the Environmental Protection Agency (EPA) and Estate Tax reform.

We also visited the headquarters of the American Farm Bureau Federation where we met with Paul Schlegel, Director, Environment and Energy Policy.

He addressed the issue of Genetically Modified Organisms (GMO) and the impact mandatory labeling would have on our state. AFBF efforts in immigration reform was discussed by Kristi Boswell, Director of Congressional Relations.

Ryan Yates, also a Director of Congressional Relations talked about how AFBF is lobbying to amend the Endangered Species Act and thus lessen the detrimental effects it is having on our food Farm & Ranch Page 2

producers.

Edward Avalos, Under Secretary for Marketing and Regulatory Programs at USDA met with us to talk about the Animal and Plant Health Inspection Service (APHIS) and the growth of New Mexico’s agricultural imports and exports. We departed D.C. and headed to West Des Moines, Iowa for our April board meeting. Six more board members joined us for presentations from Farm Bureau Financial Services. This provided our board with a broader view of the insurance industry and an in-depth evaluation of New Mexico’s insurance business. All in all it was a very productive trip and I want to thank the board members who took time away from their families and farms and ranches to attend the fly-in and board meeting.

So that’s the forest, let’s turn quickly to the trees. April 10th brought to an end this year’s 60 day legislative session as it was the deadline for Governor Martinez to sign or pocket veto legislation that had been passed by the legislature. This session saw over 1,731 bills introduced and marked the first time the Republicans have held the House for sixty years, so there was lots of action and adjustments this time around.

Below is a summary of the session from Chad Smith, NMF&LB CEO. New Mexico Farm & Livestock Bureau sponsored two measures; the Right to Farm Act (HB 564) and the Freedom from Unwanted Surveillance Act (SB 303). Right To Farm passed the House and made it through Senate Conservation only to never be heard in Senate Judiciary. Freedom from Unwanted Surveillance Act ran out of time on the House floor. Although it was passed unanimously through the Senate and House committees, it was never heard on the floor.

Other bills of interest to agriculture that were passed and signed by the Governor include: SB/HB112 Define Ag Use for Property Tax- provides property owners extended Ag valuations in times of drought.

SB 226 Use of Public Water & Landowner Protection- Stream access bill that protects private property rights and clarifies Attorney General’s opinion SB 398 Livestock Running at LargeChanges from mandatory to discretionary the authority of a board of county commissioners to prohibit the running at large of livestock within the limits of a platted town site and addition, a conservancy, an irrigation district or a military reservation or enclave.

SB 276 State Engineer Hearing Venue- Requires that hearings held before the State Engineer cont. pg. 3

THE AG AGENDA

By Bob Stallman, President American Farm Bureau Federation -------------------------------------------

Farmers and Ranchers Are Tired of EPA Doubletalk Business owners around the country have joined with farmers and ranchers in speaking out on the Waters of the U.S. rule. More than 30 states also oppose the rule. Yet, even in the face of mounting opposition, the EPA still isn’t listening.

EPA Administrator Gina McCarthy has unveiled her latest, campaign-style WOTUS spin, calling the effort the “Clean Water Rule” – as though a bumper-sticker approach to a complex regulation would change anything for people so profoundly affected by her agency’s actions.

Slogans may matter more than facts at the EPA, but the details still matter to farmers and ranchers who know full well the importance of clean water. We depend on it for our livelihoods, after all. Our biggest objection, in fact, is not about clean water. It’s about land.

McCarthy insists that the rule will allow business as usual for agriculture. She has said farmers and ranchers won’t need special permits “to go about their business.”

But what she’s saying just doesn’t match up with the language of the rule. Anyone who’s been out on farmland knows that water collects in spots that aren’t regular water sources for anything else, let alone major streams and rivers.

Prairie potholes are a good example of the “waters” the EPA is targeting. These isolated wetlands are sprinkled across the Upper Midwest and Northern Plains. By pooling these isolated features together, the Waters of the U.S. rule would let the agencies treat them as a “significant nexus” to streams and rivers – an idea that’s simply not supported by law or common sense. Together, the prairie potholes in a region could be treated just like a large body of water, even though the end result would be more control over land, not water – something that Congress never intended.

Rather than recognizing the careful stewardship that farmers and ranchers practice, EPA keeps forcing farmers and May 2015

ranchers back on the defensive. McCarthy said farmers shouldn’t worry about the rule at all “unless you want to pollute or destroy jurisdictional water.” Statements like this hint that the agency is looking to broaden the rule by making it more ambiguous, not less.

Farmers and ranchers can’t afford the steep fines that regulators could impose for normal farming practices. And farmers aren’t looking to sidestep regulations: We have the most to lose if one of our most valuable resources is compromised.

EPA claims that it’s simplifying regulations and making them easier to follow, but the fine print tells another story. No matter what name the agency gives its rule, it can only lead to needless pain for agriculture and businesses across the country.

If EPA won’t listen, perhaps Congress will. Please let your senators and representative know that farmers, small business owners and state and local governments are looking to them to stop the Waters of the U.S. rule. cont. from pg. 2 President’s Column or the Engineer’s appointed examiner must be held in the county in which the water right at issue is adjudicated, licensed or permitted, unless the parties and the State Engineer stipulate to another site for the hearing.

SB 123 Amends the definitions in the Livestock Code to remove wild animals, poultry and birds used for human consumption from the definition of “livestock,” meaning that they are not subject to meat inspection. Clarifies that the sureties listed in the definition of “bond” are those approved by the Grain Inspection, Packers and Stockyards Administration of the U.S. Department of Agriculture.

Legislation that failed: SB 493 An attempt to clarify that a lease of a water right and subsequent use of the water shall not take effect until after the application has been approved in accordance with law. Specifically cites compliance with Secs. 72-6-4 through 72-6-6. Farm Bureau had members both supporting and opposing this legislation, so therefore we remained neutral.

SB 493 passed the Senate and was never heard in the house. The intent of this bill is good as it emphasizes due process, however it could have an impact on one’s ability to put a lease of water to immediate use. Farm Bureau needs to look closely at this in the interim and see if we cannot adopt a policy to address the concerns of this legislation.

SB 631/HB 459 Proposes to amend the Hazardous Waste Act and the Ground Water Protection cont. pg. 5 May 2015

Gail Armstrong, Member Since 2009 Lynn Major, Member Since 2000

Farming and ranching are family businesses.

And it’s not just the men who get their hands dirty. We’ve been farmer and rancher owned since 1916. Since then, we’ve provided loans, insurance and other financial services to New Mexicans from all walks of life. We know where you’re coming from. And where you want to go.

Call 1-800-451-5997 or visit www.FarmCreditNM.com

Farm & Ranch Page 3

Cont. from pg. 1 Personal Connections

President from Loving related how the Capital Gains Tax, aka “The Death Tax” will have a significant effect on his family’s farm as it is passed from one generation to the next. Those are the type of emotional stories that are hard to explain in a letter. Here are some more photos of our week in D.C. and thank you to the board members that joined us. Photos starting top left: At the AFBF office with Don Parrish, Senior Director of Regulatory Relations, discussing WOTUS, with Congresswoman Michelle Lujan Grisham, at the office of Senator Tom Udall, with Congressman Steve Pearce, listening to Senator Martin Heinrich, and meeting with Edward Avalos, Under Secretary for Marketing and Regulatory Programs at USDA.

Farm & Ranch Page 4

May 2015

A Beloved Family Member, an Industry Leader

Paulina Salopek. NMF&LB members remember her as a very involved member and the treasurer of Dona Ana County FLB for years. The Pecan industry remembers her as it’s first woman director and the push behind many innovative ideas. Her family remembers her as a beloved matriarch that took over the farm and continued its success in a time when women business owners were rare.

Paulina Arden Utz Salopek passed away on April 1 at age 82. She is survived by her son David, two daughters - Vivian Salopek Steinborn and Diana Lynn Salopek, and five grandchildren. Her husband, David Salopek Sr., was only 46 when he preceded her in death in 1979, leaving her with a pecan farm she knew little about.

The next year, she and her son David, in high school at the time, attended a pecan short-course at Texas A & M. She is quoted as saying that the week long course seemed to “be designed for us.” And thus started the story of a pecan industry leader who never wanted to be a farmer.

Paulina Arden Utz was born Sept. 2, 1932, in West Virginia. Her parents owned a grocery store and by age 5 she was helping to stock the shelves. In 1953 she moved to Las Cruces to keep a newly married sister company and to pursue a degree in business administration at New Mexico State University. She and David married in 1955.

“After my Dad’s passing we went from zero knowledge to trying to learn as much as we possibly could,” David Salopek Jr. says. “We were fortunate to have Bill and Betty Stahmann next door and they taught us many farm management techniques.” It is a tribute to the mother and son’s tenacity that under their management the farm increased from 500 to 1,000 acres.

In her 36 years of managing the farm Paulina was active not only in the local community, but also nationally. President George H.W. Bush appointed her to the National Pecan Marketing Board in Dallas, which she chaired from 1992 to 1995. She later became the first woman president of the Federated Pecan Growers Associations of the United States and the Western Pecan Growers Association. Locally Governor Bruce King named her to the New Mexico Interstate Stream Commission, where she served as commissioner from 1993 to 1998. She also served on the state’s School-to-Work committee from 1994 - 1997 having been appointed by both Governor King and Governor Gary Johnson.

New Mexico Farm & Livestock Bureau honored her with the Distinguished Service to Agriculture Award in 1999 and Leadership New Mexico recognized her with their Distinguished Alumnus Award in 2003. In 1999, Paulina was inducted into the New Mexico State University Business College Hall of Fame and, in 2007, received an Honorary Doctorate of Letters Degree from NMSU for her contributions to New Mexico business and agricultural research at NMSU. Her son David is proud to report that Paulina’s legacy will live on as two of his children are interested in being involved in some aspect of the farm. His son is a junior at Louisiana State University and will return after graduation and his older daughter is at law School at Southern Methodist University and will return as well.

“She left a great example for us,” said David. “She was an extraordinary person, incredibly upbeat and very dedicated.”

Cont. from pg. 3 President’s Column Act to exclude a tank used by a crop dusting or crop spraying service from the definition of “above ground storage tank.”

Both bills failed.

HB 291/SB 483 Creates a federal land management study HB 44 Firearm Transfer Act, which we have seen in previous years, was never heard in committee.

HB 75/ SB 92/SB 93/SB 103 Right to Work- all measures failed Several measures to increase minimum wage once again failed HB 410 Prohibit Horse Slaughter/ HB 411, which would have made equines companion animals, and HB 412 monitoring animals at Mexican border all failed to be heard in committee.

House memorials that addressed the Mexican wolf and memorials addressing elk populations both failed.

SB 73/215 that would have clarified landowner taking or killing of animals on private lands was never heard in committee.

SB 253 Prohibiting coyote killing contests passed the senate and failed in the house.

SB 467 ISC Membership Changes May 2015

would have changed the membership of the Interstate Stream Commission; provides other terms of holding office on the commission; and expands the commission’s general powers. This is a measure we as NMFLB should also consider adopting clear policy on.

SB 631 Proposed to amend the Hazardous Waste Act and the Ground Water Protection Act to exclude a tank used by a crop dusting or crop spraying service from the definition of “above ground storage unit” Once again Senator Sharer introduced his tax reform bill that would eliminate many of agriculture exemptions/deductions and put a flat 2% GRT. SB 346 died on the Senate floor. This is another measure NMFLB needs to take a closer look at to determine the impact to agriculture.

Legislation that was vetoed: SB 94 Permits research of Hemp as an agriculture product. NMFLB adopted a policy at the 2014 Annual Meeting that supports industrial hemp as an agriculture product.

From her executive message, Governor Martinez explained that “Senate Bill 94 poses a number of problems as a result of the contradictions it would create between

state and federal law. As just one example, federal law classifies tetrahydrocannabinol as a controlled substance where hemp products designed for human ingestion are concerned. Senate Bill 94 does not recognize this distinction. This and other conflicts between state and federal law would unnecessarily complicate the task of law enforcement and the state Department of Agriculture of regulating the production of hemp.”

NMFLB would like to thank all those who made calls, emailed and showed up to committee as well as those involved in helping draft and amend legislationTHANK YOU! A BIG THANK YOU to those that donated New Mexico grown products in support of the Right to Farm!

Organ Mountain Produce Sichler Farm Produce Portales Select Peanut Co. Border Foods Inc. Heart of the Desert/Eagle Ranch Thank you to the following who donated New Mexico grown products at a discount: Roberto’s Mexican Food New Mexico Pecan Co. Old Santa Fe Trail Beef Jerky Farm & Ranch Page 5

Cooperating or Coordinating, What’s the Difference?

by Dalene Hodnett, Director of Communications and Media Relations

“Public lands are a defining feature of the western landscape. The vast majority of the public lands in the West are controlled by the Forest Service and the Bureau of Land Management. Together, these two agencies control nearly 90 percent of all federal lands in the West, totaling more than 300 million acres. This portion of the federal estate is managed for multiple uses, including timber harvesting, livestock grazing, energy development, and outdoor recreation.”

Divided Lands, State vs. Federal Management in the West by Holly Fretwell and Shawn Regan in the March 2015 edition of the Property and Environment Research Center (PERC) Public Lands Report.

Unfortunately the concept of “multiple use” is quickly fading from public lands management and is being replaced by “wilderness.” As agencies such as the Forest Service and BLM revise Resource Management Plans (RMP), we see traditional uses of public lands being swept away and replaced by protected lands status that precludes grazing, mining and timber harvesting. The RMP is the tool by which the BLM designates the management of land. If during an RMP revision an area is “found to have wilderness characteristics, the decision to protect or not is made in an RMP.” This quote is from the testimony of Bill Childress, BLM District Manager for the Las Cruces region. That phrase, “found to have wilderness characteristics,” is the one that troubles traditional users of public lands, and that’s why it is so important to be involved in the planning process.

One such example is the recently proposed Tri-County Draft Resource Management Plan Draft Environmental Impact Statement (DEIS). This plan covers the counties of Sierra, Otero and Dona Ana and encompasses several Soil and Water Conservation Districts. Joe Delk, Chairman of the Dona Ana Soil and Water Conservation District, realized that locally elected government bodies, such as the SWCD’s and County Commissions needed to understand the value of being involved in the coordination process. In 2011 he helped spearhead the development of Dona Ana SWCD land use plan and saw the value of having a plan that was developed by local citizens for local citizens.

Farm & Ranch Page 6

“Land use plans are a prescription for maintaining the economic viability of ranches by requiring that grazing be maintained at historic levels, protects traditional hunting practices, and ensures that local tax bases are supported because that affects the economic health of the community.”

Land use plans generally include information about an area’s typical economic base, explains local customs and culture, and specifies historic uses of the land including mining, grazing, hunting and recreational.

To help entities understand the coordination process he brought in Margaret Byfield, Executive Director of the American Stewards of Liberty, to speak to various groups that are vested in the RMP issue. Byfield, the daughter of Wayne Hage, was heavily involved in the Hage v. United States case filed in 1991 against U.S. Forest Service and Bureau of Land Management. The Hage case was the first Fifth Amendment takings case filed in America seeking to protect the property rights of western ranchers on federal lands. Obviously she has a great deal of experience working with the BLM. Byfield reminded the audience that the BLM is legally obligated to work with governmental entities. “They must meaningfully involve agencies in planning, but you’ve got to hold their feet to the fire,” she said. Government entities include any elected body including county commissions, soil and water conservation districts and acequia associations. Byfield says “That’s why it is so important to have a land-use plan in place, because the BLM has to take that into account.”

Crystal Diamond, Board Supervisor for the Sierra SWCD, notes that, “As local officials we are mandated to work side by side with BLM in creating this management plan. The process of coordination is required by law through FLPMA (Federal Lands Policy Management Act) recognizing that both federal agencies and local governments have a responsibility in land management. The BLM manages habitat and local governments ensure that the health, safety and welfare of the citizens are protected.”

The cooperative process begins and ends with the National Environmental Policy Act (NEPA). NEPA was passed by congress in 1969 and requires federal agencies to conduct an

environmental analysis of any proposed action such as renewing grazing permits, permitting pipelines, or the building or closing of roads. While helpful in providing land users with a voice, their impact is limited in scope.

Local governmental entities involved in coordination however, are legally allowed to be involved from beginning to end. Utilizing the special standing granted to them, local government entities can assist a lead agency in the NEPA process by “being a member of the interdisciplinary team responsible for putting together the analysis…For instance a board of county commissioners will be able to work side-byside with the lead agency to identify important issues, determine what scientific data are needed for the analysis, help to form alternatives, analyze the impact of the alternatives and give input on selecting the final alternative.”

A Beginner’s Guide to Cooperating Agency Status, Public Lands Council, September 2012.

You can learn more about the value of participating in the coordination process, and developing land use plans, by attending the NMF&LB Summer Meeting where Crystal Diamond and attorney Blair Dunn will present a session on Land Use Planning and the success Sierra County FLB had in influencing their county’s land use plan.

Please plan to join us in Taos at the Sagebrush Inn for the NMF&LB Summer Meeting, July 23-25, 2015.

The room rate starts at $89.99 a night. Please call 1-800-428-3626 for reservations.

May 2015

AN INSURANCE CAN SAVE THE DAY. A lot can change in a year. And those changes can create gaps in your insurance.

That’s why you need a Farm Bureau SuperCheck to help ensure you have the coverage you need when you need it. With a SuperCheck, your Farm Bureau agent can help: Identify gaps in your insurance coverage Get the discounts you deserve Provide peace of mind Call your Farm Bureau agent to schedule a SuperCheck today.

www.fbfs.com/GoSuperCheck Auto l Home l Life l Annuities l Farm & Ranch l Business Farm Bureau Property & Casualty Insurance Company,* Western Agricultural Insurance Company,* Farm Bureau Life Insurance Company*/West Des Moines, IA. *Company providers of Farm Bureau Financial Services M129 (3-15)

May 2015

Farm & Ranch Page 7

Non-profit Organization U.S. POSTAGE PAID Las Cruces, N.M. Permit No.2093

P.O. Box 20004 Las Cruces, NM 88004-9004

RETURN SERVICE REQUESTED

NEW MEXICO FARM & LIVESTOCK BUREAU Since 1917 . . . a Leader in New Mexico

ISSN 0028-6192 2220 N. TELSHOR BLVD. • LAS CRUCES, NM 88011 575.532.4700 • FAX: 575.532.4710 PUBLISHER: New Mexico Farm and Livestock Bureau New Mexico Farm & Ranch is published monthly. Yearly subscription is $24.00.

New Mexico Farm and Livestock Bureau members receive a complimentary subscription with yearly dues.

U.S. Postage PAID, bulk rate, PERMIT #31, Las Cruces, NM 88001. FORWARDING/RETURN POSTAGE GUARANTEED, ADDRESS CORRECTION REQUESTED. OFFICERS Michael White President, Dexter Craig Ogden 1st Vice President, Loving Larry Reagan 2nd Vice President, Ft. Sumner Farm & Ranch Page 8

Chad Smith Chief Executive Officer BOARD OF DIRECTORS Bud Deerman, La Mesa John Diamond, Elephant Butte Jim Ellett, Hope Duane Frost, Claunch Anita Hand, Datil Leon Hemann, McDonald Brad Houston, Roswell George Jackson, Lordsburg Janet Jarratt, Los Lunas Deena Kinman, Elida Matt Lansford, Clovis Boe Lopez, Springer Danielle Lowry, Albuquerque Donald Martinez, El Rito Tommy Ortiz, Las Vegas Troy Sauble, Maxwell Paula Sichler, San Antonio John Sweetser, Deming Jim Taylor, Albuquerque Tom Wilton, Ft. Sumner

REGIONAL DIRECTORS Joel Alderete, Roswell Benjie Segovia, Las Cruces Zach Riley, Albuquerque Valerie Huerta, Santa Cruz Theresa Widner Director of Membership Services Carmen Macias Comptroller Dalene Hodnett Director of Communications and Media Relations Traci Curry Southern Director, Ag in the Classroom Cheryl Butterfield Northern Director, Ag in the Classroom Anita Hand, Chair Women’s Leadership Committee Danielle Lowry, Chair Young Farmer & Rancher Committee May 2015