Progressive Rancher - May-June 2021

Excellence is the result of caring more than others think is wise, risking more than others think is safe, dreaming more than others think is practical, and expecting more than others think is possible.

It is the commitment to high quality performance that produces outstanding results of lasting value.

Excellence is believing in continuous improvement and never being satisfied with anything being less than it can be. It is quality as a way of life.

- Ronnie Max Oldham, 1998

Nevada’s Land-Grant

IN THIS ISSUE 2 Nevada’s Land-Grant 3 President’s Perspective 4 NCA Roundup 6 NBC Checkoff News 7 NBC Recipe 8 Central Nevada Regional Water Authority Update 8 Cattle vs Human Population 9 NDA - A United Vision for Agricultural Literacy 9 Schroeder Law Offices News Release

HOW AN IDEA SHAPED AN ENTIRE UNIVERSITY University of Nevada, Reno was founded in 1874 as a land-grant University, designated by the Morrill Land-grant Act of 1862.

To watch the 7-1/2 minute video, visit:

https://vimeo.com/531952946

10 Eye On The Outside 11 Let’s Talk Ag

15 Nevada Farm Bureau NHF Scholarship Available 15 Nevada Farm Bureau Newsletter News Bites 16 SRM - Seed Size Matters!

21 UNR - Bret Hess Supports Experiment Stations 23 UNR - Wildfire Awareness 24 UNR - Efficient Landscaping Training (QWEL) 25 AFBF - Estate Tax & Special Use Valuation 26 AFBF - Hazards Posed to Family Farms / Corn & Soybean Shortfall

12 Nevada CattleWomen Update 29 Churchill County Cowbelles Update & Beef Recipe 14 Nevada Farm Bureau 30 UNR Eureka Experiment Station Protecting Ag from Taxes 33 Sorghum for Brewing Beer 15 Nevada Farm Bureau Fusion

34 Learn to Love Lobbying

FIND ADDITIONAL ARTICLES AT

www.progressiverancher.com

Nevada Trichomoniasis Papers: 1) Factors Influencing Rates of Adoption of Trichomoniasis Vaccine

by Nevada Range Cattle Producers 2) Nevada Trich Survey Results Read the full articles here: progressiverancher.com/nevadatrichomoniasis-papers

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Owner/Editor/Publisher – Leana Litten Carey progressiverancher@gmail.com Graphic Design/Layout – Visualize.Design

Cover Credit: Kylee Simper showing WilliAnne, a heifer awarded to her through the Rod Weishaupt Scholarship. Taken by Leana Carey at the 2021 Churchill County Jr Livestock show.

Published 8 times a year. View all issues at www.progressiverancher.com Readership reaches more than 30,000. The views and opinions expressed by writers of articles appearing in this publication are not necessarily those of the editor. Letters of opinion are welcome; submit via email.

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President's perspective

By Tom Barnes / President / Nevada Cattlemen's Association I hope everyone is getting their spring work done and that it is going smoothly.

This legislative session continues to be an interesting one with bills being changed and amendments occurring within hours of a hearing. It has kept our legislative team on their toes but they are staying abreast of what’s happening.

We are also monitoring the environmental policies that are being imposed by the current presidential administration. The 30 by 30 executive order is one in particular we are keeping a watchful eye on. It calls for the protection of 30 percent of land and water by 2030. What is meant by protection is what is extremely concerning.

A few weeks ago, a judge issued a petition for stay blocking an outcome based grazing program on the Winecup Gamble in the name of sage grouse. This project would have created flexibility, adaptability, and cutting-edge management systems with widespread range improvements. Many people ranging from agency personnel to private partners put a tremendous amount of time and effort into getting this project off the ground. It had the potential to have widespread benefits to rangeland health and grazing practices throughout the west. This ruling was very disappointing to say the least.

In a true illustration of leadership, State BLM Director Raby sent a letter out to his staff and others with a vested interest in the project. He acknowledged all the work that had been done and the disappointment associated with the ruling while inspiring those to keep doing what they do best.

His words were referring to this subject matter but as I read his letter, it occurred to me that so much of what he said could be applied to the many challenges and setbacks we face as ranchers. I’ll share with you a couple excerpts from his letter.

“Nevada is tough. Nevada is hard. It’s hard and that’s why we’re here. If we wanted things easy, we would be somewhere else. But that’s not our nature…….We will learn from this, chart a path forward and be better for it in the long run.”

Thank you Director Raby.

Tom Barnes Tom Barnes President, NCA

Special Feeder Sales

Tues May 11 Tues June 8 Fast Paced Ranch Rodeo May 31 For info about our Team Roping, please visit FallonLivestock.com

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The Progressive Rancher

MAY/JUNE 2021 3

by Martin Paris | NCA Executive Director | O: 775-738-9214

Legislative Deadline Aftermath I hope everyone is enjoying spring so far. We recently reached the first two milestones of the Nevada Legislative Session. On April 9th, any bills that were not passed out of the committee to which they were assigned effectively died. On April 20th, any bills that failed to be passed by the First House are also no longer under consideration. The deadlines helped bring a little bit of clarity to what has otherwise been a messy and dysfunctional legislative session thus far. About one-third of the more than 900 pieces of legislation were eliminated as the result of the first deadline. While there is plenty of more work to be done before the session ends on May 30th, several bills we had our eye on fell victim to the deadlines.

Of note was AB 354 introduced by the Nevada Division of Water Resources. AB 354 would have established a water banking system in Nevada that appeared to be more of a leasing program than anything. It would have allowed agricultural water to be leased out for other purposes and would have also allowed water to be transferred out its basin of origin. The Division of Water Resources provided an amendment to the bill which made several needed changes, however, this amendment came just hours prior to the hearing on the bill. The Nevada Cattlemen’s Association testified in opposition of the bill due to several unknowns associated with the new proposal. The Assembly Natural Resources Committee felt the same and did not take action on the bill prior to the deadline.

Another bill brought forward by the Nevada Division of Water Resources that did not survive the first

deadline was AB 5. The bill proposed to limit what types of water related decisions could be appealed through the judicial process by adding undefined terms such as “formal” and “final determination”. The addition of these vague terms brought into question the ability to challenge interim orders, temporary permits, etc.

While the above-mentioned bills can be taken off the list, NCA continues to engage on several bills that survived both deadlines. Of these, SB 54 remains a top priority. SB 54 proposes to drastically change the current representation on the Nevada Board of Agriculture by eliminating two of the three positions currently represented by the cattle industry. One of these positions would be eliminated entirely while the other would be reclassified as livestock production instead of cattle production. SB 54 passed out of the Nevada State Senate on April 14th in a 12 to 9 vote and now will head to the Assembly Natural Resources Committee. NCA will shift our focus to the Assembly now in an effort to kill the bill.

The Nevada Cattlemen’s Association also testified in support of SJR 3 which requests that Congress provide the necessary funding for the Bureau of Land Management to reach Appropriate Management Levels (AML) for wild horses and burros within 6 years. However, an amended version supported by horse advocacy groups surfaced during the Senate Natural Resources Committee work session and is what was ultimately voted on and passed out of committee. This amended version essentially gutted

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The Progressive Rancher

the original resolution leaving NCA opposed to the new watered-down version.

SB 287 is another bill that made it out of the Senate Education Committee and passed through the Senate in the nick of time. The bill proposes to add the University of Nevada, Las Vegas (UNLV) and the Desert Research Institute (DRI) as land grant institutions in the state. The Nevada Cattlemen’s Association opposed this bill during its hearing citing the dilution of resources that would occur by splitting the already limited funding currently available to the University of Nevada, Reno (UNR).

Lastly, SB 94 would clarify that a private property owner can place an unlocked gate across a public road without it being considered a public nuisance. This bill is in response to SB 316 passed last session which made it a public nuisance for any person to prevent or obstruct the free passage on public roads that cross through private property. The way the statue currently reads “fencing or otherwise enclosing” a public road that passes through private property constitutes a public nuisance. The current statue has been interpreted by some to mean that a private landowner cannot have a gate at all if it is across a public road located on private property.

These are just some highlights of the proposals being discussed this session. NCA continues to engage on several others as well. As always, feel free to give the NCA office a call to provide input on any bills that may be of benefit or concern to your operation.

Nevada Water Solutions LLC Water Rights / Resource Permitting Expertise

Thomas K. Gallagher, PE 775•825•1653 / FAX 775•825•1683 333 Flint Street / Reno, NV 89501 tomg@nevadawatersolutions.com www.progressiverancher.com

Elko County NRCHA Judge: Karl Smith

Stallion Nomination Deadline August 1, 2021 Nomination Fee: $200.00 Late nominations accepted until August 25 with $100 late fee

NEVADA STALLION STAKES ALL NSS CLASSES WILL DO HERD, DRY, COW EVENTS

Futurity • Derby • Hackamore Two Reined / Green Bridle & Bridle Divisions Open, Limited/Non Pro & Non Pro Limited Divisions NRCHA Rules

Nevada Stallion Stakes Show | Entry Deadline: August 23 Late entries accepted until August 25 with additional penalties

ECNRCHA Show | Entry Deadline August 26 Sagebrush Cutters Friday, August 28 starting @ 8:00AM Entries due August 25

call or email for additional information and a class list

Entry forms available at www.elkocountyfair.com E-mail entries to: ecfbsecretary@gmail.com Mail entries and payments to: Elko County Fair Board, PO Box 2067, Elko, NV 89803

For more info: JJ Roemmich 775.397.2769 or ecfbsecretary@gmail.com

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The Progressive Rancher

MAY/JUNE 2021 5

By Nevada Beef Council Staff

Details Shaping Up for Elko Stockmanship & Stewardship Event The Elko Stockmanship & Stewardship (S&S) program, a nation-wide educational tour that brings world-renowned clinicians to several locations each year for top-notch learning opportunities, is gearing up to be an event not to be missed.

The event is slated for July 16 - 18 at the Elko County Fairgrounds.

Producers from Nevada and other western states will be able to enjoy a unique educational experience featuring low-stress cattle handling demonstrations, Beef Quality Assurance (BQA) educational sessions, industry updates, and cutting-edge operation techniques specific to western producers. The event will also provide opportunities to network with fellow producers and partake in hands-on demonstrations from stockmanship experts Curt Pate, Ron Gill and Dean Fish.

Specific topics taking shape include low-stress cattle handling techniques on horseback and on foot, as well as out on the open range; a stock dog demonstration; chute-side vaccination tips and demonstrations; BQA certification; and several other educational topics unique to the western cattle producer.

The Elko Stockmanship & Stewardship event is unique in that it is also being held in conjunction with the American National CattleWomen’s WIRED (Women in Ranching Education and Development), allowing cattlemen and women from across the west to benefit from high-quality education on important topics that both events offer.

The Nevada Cattlemen’s Association (NCA) is also partnering on the event, with NCA BQA Coordinator Ron Torrell leading the BQA certification on the final day.

Programming specific to WIRED will take place on Friday, July 16. Saturday, July 17 will include joint WIRED and S&S programming, and final topics and programming specific to S&S will wrap up on Sunday, July 18.

The Stockmanship & Stewardship program is sponsored by the National Cattlemen’s Beef Association (NCBA), a contractor to the Beef Checkoff, Merck Animal Health, the Nevada Beef Council, and the Beef Checkoff-funded National Beef Quality Assurance program.

Registration is expected to launch in late spring, and will be available at stockmanshipandstewardship.org.

Click on the Elko event for details, an event schedule, and registration options. Because this is a joint effort between the WIRED and S&S programs, producers will be able to register for either or both events on the site. We hope producers from all over Nevada will join us for this exciting and educational event!

Testimonials From Previous S&S Events “An excellent event. Enjoyed the format and the participation. Thank you to everyone that put the program together. Great Job.” “Good program; I appreciated the opportunity to get my BQA certification at the course.”

“While I have had experience with most of the topics covered, it was great to hear the speakers give a good overview of industry practices.”

Additional testimonials and event details available at

www.stockmanshipandstewardship.org

Fallon: 8-5:30 M-F Gardnerville: 8-5 M-F Snyders Pinenut Livestock Supply

800-513-4963 • www.pinenutlivestocksupply.com 6 MAY/JUNE 2021

The Progressive Rancher

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Complete selection of animal health products, feed, and equipment for beef, dairy, equine, sheep, goat and small animal.

Beef Sticky Buns Beef up your Mother’s Day brunch with this twist on cinnamon buns. These savory buns get a protein boost from homemade beef breakfast sausage and plenty of veggies, showing that beef is definitely not just for dinner.

Ingredients (Serves 4) • 1 cup sliced button mushrooms • 3/4 cup diced onion • 3 cups fresh baby spinach • 1/2 cup reduced-fat shredded Cheddar cheese • 1 package (13.8 ounces) refrigerated pizza dough • Optional Toppings: 1/2 cup jalapeño pepper jelly, warmed and/or Cream Cheese “Frosting” (recipe below) ...and • 2 cups Basic Country Beef Breakfast Sausage (recipe below)

Courtesy of Beef. It’s What’s For Dinner.

www.nevadabeef.org www.mybeefcheckoff.org

Preparation • Prepare Basic Country Beef Breakfast Sausage (see receipe below). Set aside 2 cups sausage mixture in large bowl; reserve remaining sausage for another use. Add mushrooms and onions to same skillet sprayed with cooking spray over medium heat; cook 5 to 7 minutes or until vegetables are tender, stirring occasionally. Add spinach to skillet; stir to wilt. Add vegetable mixture to beef; set aside 20 to 25 minutes or until mixture is cooled completely, stirring occasionally. Stir in cheese.

To Make Basic Country Beef Breakfast Sausage: Combine 1 pound ground beef (93% lean or leaner), 2 teaspoons chopped fresh sage or 1/2 teaspoon rubbed sage, 1 teaspoon garlic powder, 1 teaspoon onion powder, 1/2 teaspoon salt and 1/4 to 1/2 teaspoon crushed red pepper in large bowl, mixing lightly but thoroughly. Heat large nonstick skillet over medium high heat until hot. Add sausage mixture; cook 8 to 10 minutes, breaking into 1/2-inch crumbles and stirring occasionally.

• Preheat oven to 425°F. Unroll pizza dough on flat surface; pat or roll dough evenly to 14 x 10-inch rectangle, pinching together any tears, if necessary. Spread sausage mixture on dough, leaving 1/2 inch border on short side furthest from you. Starting at closest short end, roll up jelly-roll style, pinching to close. Slice dough into 8 pieces using serrated knife and careful sawing motion; place cut-side-up on greased baking sheet.

• Bake in 425°F oven 18 to 20 minutes or until golden brown. Remove buns to cooling rack. While still warm, drizzle with melted jalapeño pepper jelly, if desired. Note: To warm jelly, place jelly in 1-cup glass measure. Microwave, uncovered, on HIGH 45 to 60 seconds or until melted, stirring once. Let stand 30 seconds.

To Make Cream Cheese “Frosting”: Combine 1/4 cup softened reduced-fat cream cheese and 1 tablespoon milk in small bowl, stirring until smooth. Drizzle over warmed beef buns, if desired. www.progressiverancher.com

The Progressive Rancher

MAY/JUNE 2021 7

Cattle Inventory vs Human Population By State

UPDATE Following the first House passage deadline on April 20th only a few water related bills are still alive. Of the five measures proposed by the Division of Water Resources only AB6 has moved to the Senate. AB6 makes the holding of a hearing on an application for a temporary change to the place of diversion, manner of use or place of use of water discretionary by the State Engineer. The Central Nevada Regional Water Authority was neutral on the bill.

DWR’s four other bills; AB5 (makes various changes to provisions relating to judicial review of orders and decisions of the State Engineer), AB354 (creates an irrigation manner of use water rights banking and leasing program) and AB356 (creates a water conservation credit program for irrigation manners of use) did not come up for a vote in committee. These bills were opposed by the Central Nevada Regional Water Authority as well as ranchers, farmers, rural counties, and environmental groups and received no support. Defeating these bills was a priority for the groups and individuals concerned about the future of rural Nevada. AB5 would have restricted Nevada’s longstanding provision of relatively easy access to the courts for review of the State Engineer’s decisions while AB354 and AB356 would have facilitated interbasin transfers resulting in the shift of water use from agricultural use to development in urban areas to the detriment of rural Nevada.

DWR’s other bills, AB15 which adds the State Engineer as an ex officio member of the Colorado River Commission did not have a hearing and SJR 1 which proposes to amend the Nevada Constitution to provide that the Nevada Court of Appeals has original jurisdiction over certain cases relating to water was withdrawn.

Finally, SB155 which revises the qualifications of the State Engineer and eliminates the requirement for the State Engineer to be a Registered Professional Engineer did receive a vote. The bill was requested by the Director of the Department of Conservation and Natural Resources.

SB149 which was requested by the Central Nevada Regional Water Authority to give a board of county commissioners authority to establish a groundwater board for areas designated as a groundwater basin by the State 8 MAY/JUNE 2021

Engineer was heard but did not come up for a vote. It is disappointing that SB149 will not move forward as local groundwater boards could contribute invaluable local knowledge and perspective to the management of Nevada’s limited water resources.

Another water bill that passed the Assembly is AB146 sponsored by Assemblywoman Peters from Washoe County. AB146 requires the Department of Conservation and Natural Resources to establish a program regulating water pollution resulting from diffuse sources.

Peters offered amendments to address concerns raised by various stakeholders. However, there are still concerns about how AB146 would affect rural water users and ongoing discussions with the bill sponsor.

The Division of Water Resource’s budget for the FY21-23 biennium is still under review by the Senate Finance and Assembly Ways and Means Committees. The budget includes an increase of $676,655 in the Division of Water Resources Water Basin Account which has raised questions about how these funds will be used to offset general fund appropriations.

There are also concerns about whether existing assessments will need to be increased or new assessments levied by the State Engineer.

On a final note, the Commission to Study the Adjudication of Water Law Cases in Nevada’s Courts which was created by the Nevada Supreme Court held its first meeting on April 16th. The Commission which is chaired by Chief Justice James Hardesty will work to improve education, training, specialization, timeliness, and efficiency of Nevada’s district courts in water law cases. The Commission will present its findings and recommendations to the Nevada Supreme Court no later than April 1, 2022. Commission membership is comprised of experienced water professionals, key stakeholders, and members of the Nevada judiciary. CNRWA, agriculture, irrigation districts, mining and rural counties are represented on the Commission.

Jeff Fontaine is the Executive Director of the Central Nevada Regional Water Authority and can be reached at: ccjfontaine@gmail.com or 775-443-7667.

The Progressive Rancher

South Dakota has the most cattle per person in the United States followed by Nebraska and Montana. South Dakota has more than 4 times as many cattle as they do people.

Nine (9) states have more cattle than people.

Rank State Human Cattle Ratio 1 South Dakota 844,877 3,650,000 4.32 2 Nebraska 1,868,516 6,150,000 3.29 3 Montana 1,015,165 2,550,000 2.51 4 North Dakota 723,393 1,770,000 2.45 5 Wyoming 582,658 1,270,000 2.18 6 Kansas 2,893,957 5,800,000 2.00 7 Idaho 1,612,136 2,190,000 1.36 8 Iowa 3,090,416 3,700,000 1.20 9 Oklahoma 3,850,568 4,300,000 1.12 10 Missouri 6,044,171 3,800,000 0.63 11 New Mexico 2,085,287 1,290,000 0.62 12 Wisconsin 5,742,713 3,350,000 0.58 13 Arkansas 2,959,373 1,660,000 0.56 14 Kentucky 4,395,295 2,090,000 0.48 15 Colorado 5,268,367 2,480,000 0.47 16 Minnesota 5,420,380 2,280,000 0.42 17 Vermont 626,630 260,000 0.41 18 Texas 26,448,193 10,900,000 0.41 19 Oregon 3,930,065 1,280,000 0.33 20 Mississippi 2,991,207 930,000 0.31 21 Utah 2,900,872 800,000 0.28 22 Tennessee 6,495,978 1,760,000 0.27 23 Alabama 4,833,722 1,240,000 0.26 24 West Virginia 1,854,304 380,000 0.20 25 Virginia 8,260,405 1,530,000 0.19 26 Louisiana 4,625,470 790,000 0.17 27 Nevada 2,790,136 455,000 0.16 28 Washington 6,971,406 1,100,000 0.16 29 Arizona 6,626,624 920,000 0.14 30 California 38,332,521 5,250,000 0.14 31 Indiana 6,570,902 870,000 0.13 32 Pennsylvania 12,773,801 1,620,000 0.13 33 Michigan 9,895,622 1,120,000 0.11 34 Ohio 11,570,808 1,250,000 0.11 35 Georgia 9,992,167 1,000,000 0.10 36 Hawaii 1,404,054 130,000 0.09 37 Illinois 12,882,135 1,130,000 0.09 38 Florida 19,552,860 1,620,000 0.08 39 North Carolina 9,848,060 810,000 0.08 40 South Carolina 4,774,839 360,000 0.08 41 New York 19,651,127 1,450,000 0.07 42 Maine 1,328,302 85,000 0.06 43 Maryland 5,928,814 182,000 0.03 44 New Hampshire 1,323,459 32,000 0.02 45 Delaware 925,749 16,000 0.02 46 Alaska 735,132 10,000 0.01 47 Connecticut 3,596,080 47,000 0.01 48 Massachusetts 6,692,824 39,000 0.01 49 Rhode Island 1,051,511 5,000 0.00 50 New Jersey 8,899,339 29,000 0.00 www.progressiverancher.com

A United Vision for Agricultural Literacy • Informed consumers • Informed voters

SCHROEDER

LAW OFFICES, P.C. (775) 786-8800 | www.water-law.com

NEWS RELEASE: April 13, 2021 Author: Jim Browitt, Of Counsel for Schroeder Law Offices

Agriculture is one of Nevada’s - and the nation’s - major industries, yet fewer and fewer people have exposure to farm and ranch life or even a basic understanding of how food and fiber are produced.

Agriculture literacy materials help students develop an understanding of the food, fiber and landscaping systems and how agriculture affects their daily lives. This knowledge encourages students to function more effectively as agriculturally literate citizens.

The Nevada Department of Agriculture serves as a central resource for educators and volunteers who want to teach Nevada’s students about agriculture. We are proud to be an affiliate of the National Agriculture in the Classroom Organization.

Under our program, Nevada Agriculture in the Classroom (AITC), we provide training and resources for teachers and pre-service teachers to contextualize their curriculum in the areas of science, social studies, nutrition and career and technical education.

Resources have been developed to meet Nevada Academic Content Standards.

Why teach agriculture? Teaching about agriculture in Nevada is an ideal way for students to learn what their state is all about and provide real-life connections to science, math and social studies concepts. Agriculture themes provide perfect real-world connections to Science, Technology, Engineering and Math (STEM) education and make learning relevant to students. Agriculture is one of the topics that students can easily connect to because they can apply learned concepts to daily life. After all, who doesn’t enjoy talking about food? Nearly everything we eat, wear, use -- even the fuel that powers the cars and buses we ride in -- comes from plants and animals grown on farms.

For more on our Agricultural Literacy Approaches, Education Integration, Lesson Plan Examples, Teacher Professional Development, Signature Beef Project Ideas, and to find other Ag literacy / teaching resources, please contact:

Amber Smyer, Agricultural Literacy Coordinator NDA Administration Division 405 South 21st Street, Sparks, NV 89431 | Office: 775.353.3769 or visit: https://agri.nv.gov/aglit/

The Nevada Supreme Court has re-examined a critical grazing issue and acknowledged a recent misstep, handing down a ruling that corresponds with the state’s historical view regarding the ownership of stock water rights on public land.

In its review of a district court judgment on several water rightsrelated issues, the Supreme Court’s seven-person panel unanimously agreed that title to vested water rights established for grazing purposes upon public land is determined by priority of possession of the water use. In other words, the water right belongs to whomever can trace its interest back to the original appropriation and demonstrate that possessory interest has been continually exercised.

In this instance, all three parties were determined to have a connection to the original grazier, and accordingly held vested stock water rights with an 1862 priority date.

The decision, issued Friday, concludes a matter that has been working its way through the state’s court system for 10 years.

In 2011, Daniel & Eddyann Filippini filed an action seeking, among other things, to determine priority dates for watering cattle from Trout Creek in Lander County. One of the parties, Rand Properties, Inc., appealed the initial ruling by the Lander County District Court, and the Supreme Court sent the matter back to the district court for additional fact-finding. In so doing, the Supreme Court also reversed the district court’s judgment that stock water rights passed by priority of possession, citing a 1931 case, Steptoe Live Stock Co. v.

Gulley, which purportedly stated that “stock water rights on public domains are passed by chain of title.”

After the Lander County District Court issued its findings on remand, Rand again appealed. The Supreme Court seized on the opportunity to admit its mistake. In a footnote on Page 10 of the 14page order affirming the district court’s ruling, the Supreme Court elaborated thusly: “To the extent that in our prior order and reversal and remand we concluded that vested stock water rights on public lands pass by chain of title, we now expressly reject that conclusion. … Our prior order cited to Steptoe in support of this erroneous conclusion, however, the reasoning set forth in Steptoe supports concluding that the priority of vested stock water rights are established by possession or beneficial use.” (Italics in original).

The order goes on to confirm that the ruling in Steptoe is consistent with federal law concerning the appropriation of water on public lands, 43 USC 661, providing “that rights based on priority of possession, which have vested and accrued and are recognized and acknowledged by local custom, shall be maintained and protected.”

(Italics in original). {P0531237; 1140.16 TAU }

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The Progressive Rancher

MAY/JUNE 2021 9

Inform the Uninformed By nature, I am an optimistic guy.

You know the glass is half full, not almost empty is the way I just generally look at things. When I start to get pessimistic about things, a little worry whisper in my ear sends up a red flag which I rarely see. What is worrying me now is the lack of understanding by the general public of what, how and why farmers and ranchers do the things necessary to provide food and fiber to their fellow Americans and for a good part of the rest of the world.

The problem is people who are not in production agriculture have ideas which may not be practical, or even beneficial for the land, animals, and other resources necessary to produce high quality consumer products.

An animal welfare group may, for example, have an idea for what they believe to be a protection for animals, which is counter protective and which costs so much that it will never be implemented.

Protectors of the environment might have an idea they believe will help the land and water resource which, if put in place on the land, is actually harmful.

I have written about this before but use of the United Nations debunked assertion that cattle produce close to 30% of the world’s greenhouse gasses as justification for advocating that humans eat no, or less red meat is simply false and does little to hide the agendas of many of the anti-animal agriculture organizations.

Let me note a few examples of why I worry. Remember, my worries do not necessarily center around the more rural areas of our country. I think there is enough of a continuing 10 MAY/JUNE 2021

connection to their neighbor farmers and ranchers for the folks who live in the small towns to not have to worry too much about anti-agriculture attitudes that may exist in some small pockets of these areas.

My worry is in the heavily populated urban areas that have had no connection to agriculture for generations. It is in these bluest regions of the bluest states where, for example, untrue suggestions of inhumane, cruel treatment of animals being raised for food might take the strongest hold. If this happens and the political strength of these areas is brought to bear against accepted normal agricultural practices farming and ranching as we know it could suffer greatly.

Infamously, Colorado Governor Jared Polis, declared Monday March 20, 2021 as a “MeatOut” day with a proclamation using this justification: “Removing animal products from our diets reduces the risk of various ailments, including heart disease, high blood pressure, stroke, various cancers, and diabetes and a plant-based diet helps protect the environment by reducing our carbon footprint, preserving forests, grasslands, and wildlife habitats, and reduces pollution of waterways.”

are not increased, not to mention the significant addition of high-quality protein which everybody requires.

Furthermore, as I have written numerous times in this column, the actual impact of all livestock and feed production in this country to a changing climate is only about 3.9 %.

This proclamation by the Governor against a significant section of Colorado’s second largest industry is perplexing and scary. If politicians at this level start spreading falsehoods such as those contained in this proclamation, it is bound to sway public opinion in a very negative way.

This worries me greatly.

There are other allegations against animal agriculture which have resulted in some irrational proposals to help save animals from cruel and inhumane treatment. Again, we must turn to the great state of Colorado and its Initiative 16 for another cause of my worry. As many of you know, this initiative would make it a sexual crime to do a pregnancy check on a cow by palpating her. It would also prohibit the processing of a steer for

meat until it was over five years old.

There are many other “animal rights” provisions in this initiative proposal which its proponents hope to put on the Colorado ballot for 2022.

Then there is the protect 30% of the Nation’s land and water by 2030 I wrote about in last month’s column which should also be of concern to any rancher particularly in the west because of the large amounts of public domain out here.

What are the ones in production agriculture to do to combat the falsehoods and crazy ideas from people who do not have a clue how their food is raised? I have said this many times before. Join an organization advocating for the truth about farming and ranching. Make friends and invite politicians from urban areas to your ranch. Tell the good story about how you treat your land and animals as often as the opportunity presents itself. Create opportunities. Continue to do things the right way. Truth does have a way of gaining the spotlight.

I’ll see you soon.

That is quite a list of indictments against ruminants who evolved to graze grasslands along with other wildlife species. It is also patently false in its health claims as recent studies have shown that a moderate diet which includes red meat does not pose a health risk. Rather, the nutrients, including vitamin B12, niacin, zinc, and iron are essential for a healthy body and cardiovascular risk factors The Progressive Rancher

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Let’s Talk Ag

By Staci Emm | Editorial

Whiskey’s for Drinkin’ & Water’s for Fightin’ As we make management decisions to survive what looks to be a severe drought, I can’t help but think how right Mark Twain was so many years ago.

Most reservoirs are low this year as we head into the growing season. When I talk to producers and discuss their water allocations and hear 11% and 22%, I begin to cringe. Those that have supplemental wells for surface irrigation might not suffer as much, but then look at the soil moisture in the ground and tie it to how those rangelands are doing.

I just listened to an agricultural economic update from Washington State University this morning learning about exports and shipping situations; cattle inventories in the West; price volatility; and more about drought. The temperatures are expected to be above normal and our precipitation is expected to be below normal throughout most of the west. I see that D4 dark red inching its way up the State of Nevada each week in the US Drought Monitor.

I know all too well what this means as we have been here before, and we will be here again. It takes me back to when I was a newspaper reporter right out of college covering the Walker River Basin water issues and in my first month on the job I had a county commissioner and the water district manager in a fist fight on the library lawn. While it might not be fists and face-to-face directness anymore, it is a new technological advanced way of doing business. Who has the water right? Who needs the water right? Who is using the water right?

The water topics that were put on the back burner are reemerging. Part of the presentation this morning was the remote sensing of the vegetation (fuels) on the rangeland and they used a map of the Western US to discuss possible cattle liquidations due to drought.

I am by no means a remote sensing expert and the thought of remote sensing intrigues me, but my first question is the overall impact of this new technology.

Is this going to be used to determine AUMs and manage range units? How is the data being used? The website is fuelcast.net and was designed for rangeland managers, fire specialists, and producers.

We see these issues in the US Drought Monitor that were originally created in 1999. The Drought Monitor was not originally created to trigger USDA Programs like it does today. The US Drought monitor currently designates drought disasters, the Livestock Forage Program (LFP), and some other assistance programs.

While I do like the drought monitor system, there are some problems with it. It is hard to take account both surface allocations for irrigated agriculture and www.progressiverancher.com

non-irrigated areas such as rangelands and meadows when determining where the designation lines should be. Thus, there is some subjectivity in where those lines are drawn and now those lines directly impact agriculture assistance payments. I have also heard that there was some talk about determining AUMs based on the monitor and my colleagues (Perryman and Schultz) have published on this topic.

I hope everyone has their management plans in place.

The Progressive Rancher

According to Washington State University Economist Shannon Neiburgs, 63% of the US is under some form of drought. The Southwest and southern Rocky Mountain regions have been in drought for many months and face limited forage prospects this year unless precipitation occurs soon. In the Northern Plains, North Dakota is in a record level drought and South Dakota drought conditions are worsening. I would end with saying, in Nevada, drought conditions continue to worsen.

MAY/JUNE 2021 11

By Melinda Sarman, President WOMEN IN RANCHING EDUCATION & DEVELOPMENT, STOCKMANSHIP/ STEWARDSHIP BEEF QUALITY ASSURANCE TO ADDRESS THE NEEDS IN AN EVER-CHANGING BEEF INDUSTRY

This symposium will be held in Elko, Nevada on July 16-17. This two-day event is hosted by: Nevada CattleWomen, American National CattleWomen, National Cattlemen Association, Nevada Cattlemen Association, Nevada Beef Check Off, and The University of Nevada, Reno Beginning Farmers and Rancher Development Program.

The symposium is open to women and men engaged in ranching or other pursuits within the Beef Industry.

This symposium has been tailored for people new to the beef industry as well as season pros. Events include: Hitting the Books the tools you need for running your business; Importance of Information Management Software; Chute side mannerisms and give it your best shot; Cattle nutrition, trace minerals & their effects on reproduction, immunity & your bottom line along with, body condition scoring; beef carcass grading and fabrication; low stress handling for cattle by horseback and with livestock herding dogs. All breakout sessions are building to the main focus and that is Beef Quality Assurance Certification Test at the end of this event. The goal is to have people trained in the latest livestock practices that can be implemented back at the ranch. In an ever-changing world the more men and women BQA Certified means a more educated

and informed agriculture produced to meet the needs of the today’s consumer.

Several years ago, The American National CattleWomen developed a program after listening to members and a target training was developed, by industry leaders and WIRED was born; Women in Ranching Development and Education, in case of some members they have retired from one career and want to get back to the ranch but not sure of new practices and technology. Or in other cases the death of a spouse, where management of the ranch was done by a team and now is the sole responsibility of one. Years ago, for some women that the only answers were to sell the family ranch. They just did not have the support they needed to stay in business. But new numbers so that women in agriculture are on the rise. According to a United States Department of Agriculture Report (USDA), The number of farms and ranches operated by women has more than doubled since 1978. Today, more than 300,000 women serve as the principal operators on 62.7 million acres in the United States, producing some $12.9 billion in farm products.

Not surprising, many of the real-life women behind the USDA numbers, have ties to the land going back generations, and independent nature and a strongly held set of ethics and values based on that background.

I know that women from across the state that are planning on attending this event some form that have been ranching in Nevada for serval generations such as, Emily Fulstone. Emily not only is the president

of the Western Nevada CattleWomens Affiliate but has also volunteer to serve on the Nevada WIRED Event planning board. “I can’t wait for this event.

It is wonderful to get additional education from great experts and meet other women in the cattle industry. What better way to improve my own cattle knowledge than with other women who also live on a ranch”, said Emily. Also, attending will be Julie Irish who is the Elko County CattleWomen President and has also been a member of the Nevada WIRED planning board. “Many of our young members join CattleWomen looking to expand their hands on knowledge of the beef industry. I am excited to be able to offer this education opportunity to not only our members but the community,” said Julie.

The presenters will be coming from a crossed the United Sates and some from Nevada. NCBA will be having Curt Pate, Dr. Ron Gill, Dr. Dean Fish and Ron Torell, (NV BQA Coordinator) to present for low stress cattle handling and herd health. The financial session will be Kelly Barnes, from American AgCredit and from USDA, FSA Claire Kehoe and Micki Wines. Tim Davis form Midwest MictoSystem will present software systems. Dr. Don Goodman from Multimin USA, trace minerals for cattle nutrition. Moly Manufacturing will have a livestock chute for you to see and work and a repetitive will be there to answer all your questions. Charlie Mori with UNR Extension will be showing the new Mobile Processing Trailer and the benefits it can have on your

TICKETS STILL AVAILABLE FOR 2021 FUNDRAISER

Nevada CattleWomen fundraiser for 2021 is underway. Thanks to our friends at Smith Valley Garage, NCW is able to raffle off a Kubota Four Wheel Drive Gasoline Utility Vehicle!

A maximum of 200 tickets will be sold for the RTV-XG850 Sidekick at $100/ticket. The drawing will be held August 1, 2021. Need not be present to win. Must be 21 years of age to purchase a ticket. Get your tickets now before they are sold out – only 200 tickets sold!

Contact your NVCW Executive Board for tickets: Melinda Sarman (775) 385-3619 Maddie Bowers (775) 388-3259 Ana Dagenhart (775) 790-5892 Staci Emm (775) 312-0424 Keri Pommerening (775) 721-4888 Erin Costa (775) 720-3760 12 MAY/JUNE 2021

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home-grown beef program. Our friends from Merck, Alltech, Moly Manufacturing, Multimin and Datamars are part of our team of sponsors that support the men and women in production agricultural.

For this combined event our goal was to make it easy to registration just go the either web site for American National Cattlewomen at ANCW.ORG or National Cattlemen Beef Association at NCBA.ORG. If you have any questions don’t hesitated to call me at 775-385-3619 and I would be happy to pass on more information.

Evelyn Greene, ANCW President will be attending this symposium along with Jill Ginn- ANCW WIRED Program Manager. They are both excited to travel to Elko, NV for this event.

The 2021 Cattle Industry Summer business meeting and Annual Convention will be August 8-12 in Gaylord Opryland Resort and Convention Center, Nashville, TN. This event, which will be one of the largest on record, is for anyone in cattle or agriculture business and will have Cattlewomen and Cattlemen from across the country. Event organizers expect to have over 9,000 people attend this convention. The trade show will be truly unbelievable with over seven acres of agriculture booths for livestock production and business management. The businesses at this convention will help make every animal and acre on a ranch more profitable. These meetings are educational and the hands-on workshop are from industry leaders. More information can be found at ANCW.ORG or NCBA.ORG. If you have any questions, please give me a call.

UPCOMING SALES June 11

WVM Headquarters • Cottonwood, CA Consignment Deadline: June 2

July 12 - July 14

My last topic is the Nevada CattleWomen fundraiser for 2021. Thanks to our friends at Smith Valley Garage, NVCW is able to raffle off a Kubota Four Wheel Drive Gasoline Utility Vehicle! A maximum of 200 tickets will be sold for the Kubota Four Wheel Drive Gasoline Utility Vehicle RTV-XG850 Sidekick at $100/ticket. The drawing will be held August 1, 2021. Need not be present to win. Must be 21 years of age to purchase a ticket. Get your tickets now before they are sold out – only 200 tickets sold.

Contact your NVCW Executive Board for tickets: Maddie Bowers (775) 388-3259 Ana Dagenhart (775) 790-5892 Staci Emm (775) 312-0424 Keri Pommerening (775) 721-4888 Erin Costa (775) 720-3760 or myself Melinda Sarman (775) 385-3619

Silver Legacy • Reno, NV Consignment Deadline: June 24 Check our website www.wvmcattle.com for consignment deadlines.

Until next time!

WATCH & LISTEN TO THE SALE on the Web at:

Ranch properties now available Central Nevada Farm at Current

Nice 520 acre property, all acreage w/certified water rights. Currently 2 pivots on one well; two other wells drilled and ready to be plumbed. Nice manufactured home plus custom home framed and ready to be finished, plus bunkhouse and RV spaces. Large trees at homesite as well as some fruit trees. Opportunity to add 320 acres via Desert Land Entry to the farm.

Price includes full line of equipment. $1,995,000

Bassett Lake Farm near McGill, NV

This is a 160 acre farm with two center pivots covering approximately 130 acres. Two irrigation wells plus domestic well for home. Nice new log home plus metal shop/barn and several other outbuildings. Nice metal fencing. Price: $795,000

For more information, please call

(530) 347-3793 or email us at wvm@wvmcattle.com Look for the catalog and video on www.wvmcattle.com

For additional information on these properties, go to: BOTTARIREALTY.COM

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paul@bottarirealty.com

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Market your cattle with the professionals!

Work: 775.752.3040 Cell: 775.752.0952 Fax: 775.752.3021 The Progressive Rancher

MAY/JUNE 2021 13

Nevada Farm Bureau

Attention Turns To Protecting Farmers and Ranchers From Taxes

By Doug Busselman | NFB, Executive Vice President While there is still plenty to be concerned about when it comes to the on-going activities of the Nevada Legislature, we’re shifting attention here to the need for contacts with members of the Nevada delegation in Washington, D.C. Congress is back in the mindset that government should acquire more tax dollars from taxpayers and one of the targeted sources is eliminating the stepup in basis for capital gains taxes. Farm and ranch families hold assets in their enterprises over long periods of time, such as land, which are passed from generation to generation. Putting a bullseye on the stepped-up basis could be devastating for farm and ranch families.

The stepped-up basis is a process which allows individuals to pay capital gains taxes only on a property’s increase in value since the time that land was inherited, instead of paying the full increase in value since it was purchased by a deceased relative.

In addition, the tax on the new stepped-up value is deferred until property is sold by the surviving family member.

Because of several new legislative proposals that would eliminate the step-up in basis for capital gains taxes, attention is being given by the American Farm Bureau Federation (AFBF) and other business advocates to urge Congress for support of the stepped-up basis.

Bills have been proposed in the U.S. Senate and the U.S. House to eliminate stepped-up basis and impose capital gains taxes at death with a $1 million exemption. The Senate version of this bill has been labeled as the “Sensible Taxation and Equity Promotion (STEP) Act. It is proposed by a group of Senators (Senator Chris Van Hollen of Maryland, Senator Cory Booker of New Jersey, Senator Bernie Sanders of Vermont, Senator Sheldon Whitehouse of Rhode Island and Senator Elizabeth Warren of Massachusetts). The House Bill, HR 2286, was introduced by Congressman Bill Pascrell of New Jersey.

14 MAY/JUNE 2021

Under the proposals for the repeal of the Step-up: Capital gains taxes would be collected at death. The new tax would be collected on top of existing estate taxes with the top capital gains tax rate set at 20 percent and the maximum estate tax rate levied at 40 percent. Assuming deductions are allowed that would mean a 52 percent tax rate at death.

The impacts on family-owned businesses, like farms and ranches, include liquidity impacts, increased compliance costs and disputes with the Internal Revenue Service and burdens-on-burdens in regard to estate taxes. As we pointed out earlier… the proposed changes to these taxes would be devastating to America’s family-owned farms and ranches!

Studies by AFBF Economists have found that the massive tax burdens on the agricultural sector would likely exceed the annual income generated by the assets for many years to come.

Farm Bureau members are pulling out all the plugs to send emails to members of the U.S. Senate and their specific House member. Their message has been a unified voice that “now is not the time to impose new taxes that could put families out of business!”

This useful website portal: www.fb.org/advocacy/action-alerts/protectstepped-up-basis-for-american-family-farms/ allows participants to send their emails forward to those representing them in Washington, D.C. You can also go directly to the websites of each of the members of the Senate or House and use their “Contact” system to communicate your views.

The Progressive Rancher

There’s also a bill to support: In addition to voicing strong opposition to the changes being considered to negatively impact family-owned farms and ranches through the bills being considered on elimination of stepped-up basis, there is also a bipartisan bill that you can encourage Nevada’s members of the House to support.

H.R. 2370 is called “the Preserving Family Farms Act of 2021.” It is sponsored by Representative Jimmy Panetta of California and Jackie Walorski of Indiana. It modernizes the special use valuation provision of the tax code (IRS Code 2032A – Special Use Valuation) and allows property to be appraised as farmland rather than at development value when determining estate taxes at the time of sale.

Farm and ranch families who choose to use Section 2032A – Special Use Valuation, commit to continuing to operate their farm or ranch as farming/ranching operations for 10 years. If they stop farming or ranching, sell the farm or ranch outside of the family, or change the use of their property – they must repay the forgiven estate taxes.

Based on AFBF’s fact sheet on this subject, it is also noted that certain activities trigger an estate tax recapture – (such as harvesting timber or selling a conservation easement).

The “Preserving Family Farms Act of 2021” could be a very positive step in making the provisions of Section 2032A – Special Use Valuation, a more workable tool for a wider range of family-owned farms and ranches.

Farm Bureau is also pushing to make the current $11.7 million estate tax exemption to be made permanent and indexed for inflation. Ultimately ending the Death Tax forever would be the goal to achieve, but until that time, making the current exemption last – with indexing – is the next best thing.

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Fusion

By Brittney Money, Director of Communications

Every other year the American Farm Bureau Federation (AFBF) holds the Fusion conference to bring together volunteer leaders from Young Farmers and Ranchers (YF&R), Women’s Leadership and Promotion and Education committees.

Unfortunately like many other things the event had to be turned into a virtual convention. On the upside many people who might not of had the opportunity to travel to the in-person convention now had the opportunity to participate in the free virtual event.

To keep the virtual Fusion conference as engaging as possible attendees had a wide variety of things to participate in from virtual farm tours from across the country, YF&R Collegiate Discussion Meet, breakout sessions and evening entertainment. A big part of the Fusion conference is the networking that takes places so this year attendees were able to mingle with others through chat sessions and different networking events.

Breakout sessions are a big part AFBF events, and the Fusion Conference had a variety of hot topics of interest including the agriculture outlook for 2021, rural mental health, advocating for agriculture though social media and smart technology just to name a few. A big benefit of the virtual convention is being able to go back and watch other breakout

sessions when time allowed, or if another breakout session was playing at the same time as another you were interested in.

Nevada YF&R and Women’s Leadership Committee both participated in the virtual convention. Kari Brough the Nevada YF&R Chair said, “I missed seeing and being able to meet with friends and collogues face to face but still enjoyed my time with the online Fusion Conference. I enjoyed being able to listen while working and catching them at times that worked with my schedule. I was reminded of the reason why I joined the Farm Bureau and look forward to implementing new ideas to this year’s plan of work.”

One of the many benefits of these conferences is the ideas you get from the different breakout sessions and idea sharing conversations. Each state is so different in how the operate, but they all share the common goal of getting people engaged and interested in the Farm Bureau family.

It was great to be able to connect in some way with others, but nothing compares to the true inperson conventions. Nevada YF&R and Women’s Leadership committee look forward to the next Fusion conference and hope to be able to meet with everyone again.

Nevada Heritage Foundation Scholarship We are excited to announce the Nevada Heritage Foundation scholarship is now open!

This scholarship award is available to students currently enrolled in either a traditional or non-traditional postsecondary program. Preference will be given to students pursuing career goals in the Agricultural or Ag-Business industry.

The successful candidate must be from a Farm Bureau member family and an interview may be required of the top individuals before the recipient is selected. Two scholarships may be awarded in the amount of $2000.00 and $1000.00.

The full application can be found on the Nevada Farm Bureau website at www.nvfb.org. Applications must be submitted

by July 1, 2021. If you have any additional questions, please contact the NFB office at 775-674-4000, or email Julie Wolf at wolfranch1nv@gmail.com

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ARE YOU UP-TO-DATE ON ALL THE CURRENT NFB NEWS? Sign up at at nvfb.org for the weekly Nevada Farm Bureau Grassroots Newsletter and have current topics delivered right to your inbox. Here’s a few from this week...

Nevada Farm Bureau Testifies For Amendment On Cage-Free Eggs Nevada Farm Bureau was granted the limited ability to enter the Legislative Building on April 27 and was able to testify in person before the Senate Health and Human Services Committee when they held a hearing on Amended AB 399. This bill is the “cage-free” egg bill that passed the Nevada Assembly. www.leg.state.nv.us/Session/81st2021/Bills/ Amendments/A_AB399_343.pdf

Nevada Farm Bureau has been opposing the bill, but has been working to get a carve-out to protect Nevada’s backyard and small farm flock of hens and egg production. The amendment that we have been working on was brought before the Senate Committee and Farm Bureau’s testimony said that adoption of the amendment would cause Farm Bureau to move to a neutral position on the bill. This amendment will provide a 3,000 hen exemption from being required to be certified.

Push Continues To Address The Economic Consequences Of Removing Stepped-Up Basis Efforts by the American Farm Bureau Federation (AFBF) to activate Farm Bureau members in making critical connection with their members of Congress seems to be having some effect…the response from Farm Bureau members using the Farm Bureau Action Request platform to send emails to members of Congress has been setting all-time records. Hopefully, if you haven’t participated in this Action Request (www.fb.org/advocacy/action-alerts/) you will make the time to click and let our elected representatives know of how important the matter is.

This recent article (www.fb.org/newsroom/studyshows-repealing-stepped-up-basis-would-damagethe-economy) puts into context the ramifications for the proposal to erase the considerations for the Stepped-Up Basis. AFBF President Zippy Duvall also weighed in with his perspective on the impact this significant tax increase will have on family farms and ranches. Read his thoughts here: www.fb.org/ viewpoints/family-farm-legacy-threatened-byproposed-tax-increase MAY/JUNE 2021 15

‘Snowstorm’ Forage Kochia Shows Improved Seed Viability: SEED SIZE MATTERS!

By Dan Harmon and Charlie Clements Big sagebrush habitats are one of the largest and most threatened ecosystems in North America.

With the accidental introduction and invasion of the exotic annual cheatgrass (Bromus tectorum) there has been an increase the chance, rate, spread and season of wildfires which has resulted in drastically altered big sagebrush communities.

With each passing wildfire season more and more sagebrush is lost, leading to a progressive conversion to cheatgrass-dominated plant communities that lack any shrub component.

produce much larger seeds. These tiny seeds rain down below the canopy of the sagebrush, and if conditions are right, a mat of tiny seedlings emerge.

Small seedlings from tiny seeds, however, require a prolonged period of soil moisture to survive, and the fate of most if not all the seedlings is often desiccation leading to increased mortality of the seedlings (Figure 1).

If the high volume of sagebrush seeds that fall below a plant leads to infrequent seedling recruitment, then restoration seeding efforts that typically broadcast 1/10th of a pound per acre of seed have even less frequent establishment.

This high percentage of failure for sagebrush seeding efforts makes the need for a dependably seeded shrub

Figure 1. Sagebrush seedlings (left) April 19, 2016, and 2 months later the same plot (right) on June 15, 2016.

Notice the high degree of seedling death.

species extremely important. A well adapted shrub species to mitigate sagebrush loss in the native plant community is forage kochia (Kochia prostrata).

Forage kochia is a long-lived, semievergreen perennial subshrub native to the arid and semiarid regions of southern Eurasia. It has been seeded on thousands of acres of semiarid rangelands of the Intermountain West for reclamation, fire breaks, and wildlife and livestock forage.

Big sagebrush (Artemisia tridentata) is not a fire-tolerant species. Big sagebrush does not resprout after fire and often must be restored through seeding or transplanting efforts. In higher elevations dominated by mountain big sagebrush (Artemisia tridentata subsp. vaseyana), the cooler, wetter climate significantly improves successful seeding efforts.

In contrast, the more arid climate of the lower elevation Wyoming big sagebrush (Artemisia tridentata subsp. wyomingensis) habitat makes successful seeding efforts very difficult.

It is common for the Bureau of Land Management to spend the most funds on sagebrush seed and seeding efforts in any given year compared to other native plant species in restoration efforts. The wildlife that relies on sagebrush is often left with an “empty plate” after wildfires, increasing the need for a shrub component for critically important browse and cover.

Sagebrush is a unique species in that it produces millions of tiny seeds, unlike other browse species such as antelope bitterbrush (Pursia tridentata), 4-wing saltbush (Atriplex canescens) which 16 MAY/JUNE 2021

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radicle to grow and emerge from the seed coat, which can take days to weeks. This rapid germination and advanced development of the seedling likely contribute to the lack of ability to maintain seed viability over time.

Often dormant seeds with thick protective seed coats can remain viable for many years. The cost of having little seed dormancy, rapid germination and no protective seed coat is a shorter time of seed viability for forage kochia. However, in highly variable arid environments, like the cold desert environments of Nevada, getting going fast is a big advantage.

In 2018 the USDA-Agricultural Research Service, Great Basin Rangelands Research Unit, in Reno, Nevada began a study examining the viability of ‘Immigrant’ and ‘Snowstorm’ forage kochia seed stored in air-tight Ziplock bags in cold storage 0°C (32°F), in typical warehouse (shed) conditions and at a constant room temperature 20°C (68°F). While 20°C is not considered Figure 2. The larger ‘Snowstorm’ seeds (top left and above) compared to ‘Immigrant’ “hot” it is warmer than the warehouse (bottom left). Uncoiled forage kochia seedling within hours of being moistened (right). for most of the year and not ideal storage conditions.

Seeds were harvested (November 2017) from Though its use can spark controversy, Forage kochia seeds ripen in October kochia. This allows for the use by 3 locations each for ‘Immigrant’ there is no doubt it has performed and are often harvested October browsers in winter with ‘Snowstorm’ and ‘Snowstorm’ forage kochia. well for its intended purpose: to through January, though newly exposed above the snowpack.

Germination was tested in January compete, establish and persist with harvested and processed seed may invasive annuals such as cheatgrass not be available until after December, Besides the taller stature, ‘Snowstorm’ 2018 for each collection (“Fresh” in arid environments. Forage kochia making seeding at the optimal time in has increased nutritional value and germination values) (Table 1). Five protects sites from fires, erosion the fall and early winter difficult with has significantly larger seeds than of the six collections were purchased and weeds while providing a much- the current year’s seed availability ‘Immigrant’ forage kochia (Figure 2). from large commercial seed sellers. needed forage resource as well as being very limited.

There is anecdotal evidence that One collection of ‘Snowstorm’ forage structural shrub component to the There are two cultivars of forage kochia ‘Snowstorm’ forage kochia maintains kochia was grown and harvested plant community. available for use, the earlier release seed viability longer than ‘Immigrant’, in Reno, by the authors. We used germination as an analog for seed In regard to wildlife habitat, Dr. (1986) ‘Immigrant’ (Kochia prostrata possibly relating to the larger seeds. viability as there is typically little seed Blair Waldron, a prominent USDA- subsp. virescens) and the more recent In an early germination publication on dormancy with forage kochia, leading Agricultural Research Service plant release (2012) ‘Snowstorm’ (Kochia ‘Immigrant’ forage kochia, renowned to most viable seeds germinating. material development and research prostrata subsp. grisea). ‘Immigrant’ range scientist Dr. James A. Young We used standardized germination geneticist referred to forage kochia forage kochia seed can lose viability et al. (1981) described the unique test protocols developed by pioneer as a “lifesaver” (Waldron et al. 2005). rapidly if it is not kept in cold storage. morphology of forage kochia seeds. researchers James Young and Ray Sheepherders in central Asia call it This means that seeding in the fall, “alfalfa of the desert” (Clements et al. at the optimal timing for success, The embryonic plant is tightly coiled Evans (Young and Evans 1981).

1997). requires using 1-year-old cold-storage with the cotyledons on the inside of Germination was tested at 55 seed from the previous year’s harvest the coil and the radicle on the outside temperature regimes that included The biggest challenges that managers or using warehouse-stored seed with (Figure 2). constant and fluctuating day and face using forage kochia are the lower viability and increasing the timing of seed production and the seeding rate. Both can drastically Imagine a small seedling already nighttime temperatures representative of seedbed temperatures throughout ability of forage kochia seed to increase the cost of seeding efforts. formed coiled up into a round seed. Nevada rangelands. After 1 and 2 maintain viability beyond the initial The seed has a very thin membrane seed production year.

‘Snowstorm’ forage kochia was that allows the seedling to uncoil years of seed storage, germination selected for its taller stature compared within hours of moistening. Unlike ... continued next page to the shorter ‘Immigrant’ forage most seeds there is no need for the www.progressiverancher.com

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MAY/JUNE 2021 17

... continued from previous page

Being able to store seed and maintain viabilty will also improve the availability of seed for catastophic wildfire years that require large areas to be seeded.

While the ultimate goal is to protect sagebrush habitat, forage kochia provides an affordable and reliable means to mitigate the sagebrush loss in the short-term and provide forage for grazing animals and critical browse for wildlife, especially mule deer.

Suggested Reading:

Table1. Mean and maximum germination for all 55 temperature regimes tested for current year’s seed (“Fresh”; prior to storage), showing mean germination can range by collections.

Corresponding letters represent no significant difference. (viability) was measured again for cultivar comparisons and any observations of seed viability loss.

After initial germination tests on the current years seed harvest for all six collections we concluded that there was a significant variation in seed viability among collections (Table 1).

Even more surprisingly, ‘Snowstorm’ had increased germination after 1 year in cold and warehouse storage conditions. This indicates a benefit of afterrippening time for ‘Snowstorm’ forage kochia seeds.

Afterripening is complex enzymatic and biochemical process that certain seeds must undergo before they will Two of the three ‘Immigrant’ germinate. Increased germination collections, which were all purchased and decreased seed dormancy is not from commercial seed sellers, had very uncommon with many rangeland low germination rates. plants after a period of afterripening time.

In general, ‘Snowstorm’ seed had more reliable germination among collections prior to storage. In order to make seed storage comparisons between culitvars we focused on only collections that had statistically similar seed viability to start with (Bolded in Table 1).

After 2 years of storage, while cold storage did maintain a higher seed viability for ‘Snowstorm’ compared to warehouse storage, the lower-cost warehouse storage showed no decrease in germination from the initial “fresh” harvested seed.

These results have important range rehabilitation implications. Being able to use warehouse stored ‘Snowstorm’ forage kochia seed at a lower cost so that seeding can be done at the optimal time in the fall will increase the chance of seeding success.

Waldron, B.L., R. D. Harrison, A. Rabbimov, T. C. Mukimov, S. Y. Yusupov, and G. Tursvnova. 2005.

Forage kochia—Uzbekistan’s desert alfalfa. Rangelands, 27(1):7-12.

Clements, C. D., K. J. Gray and J. A. Young. 1997. “Forage kochia: to seed or not to seed.” Rangelands 19(4):2931.

Young, J.A., R. A. Evans, R. Stevens and R. L. Everett. 1981. Germination of Kochia prostrata Seed 1. Agronomy Journal, 73(6):957-961.

Clements, C. D., B. L. Waldron, K. B. Jensen, D. N. Harmon and M. Jeffress. 2020. ‘Snowstorm’ Forage Kochia: A new species for rangeland rehabilitation. Rangelands, 42(1):17-21.

‘Immigrant’ forage kochia, as previouslyobserved, did lose viabilty after 1 year of storage in all storage conditions (Figure 3). Surprisingly, though, after 1 year, cold storage showed no improvement over warehouse (shed) storage for ‘Immigrant’ forage kochia. However, after 2 years of storage, cold storage was required to maintain seed viability for ‘Immigrant’ forage kochia.

Figure 3. The mean maximum germination observed for all 55 temperature regimes tested.

The * represents the range of maximum germination.

18 MAY/JUNE 2021

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MAY/JUNE 2021 19

GREENWAY’S

GRAZING CORN Gra Yearl ze 1500 130 A ings on a c for 30re Pivot Days

Per n i a G s. of N) 3.5 lb (69% TD e* Day t. Cattl 5-7 w

28 Ton Silage Pasco, WA

* Jesse Norcutt, Currant, NV

Greenway Seeds Grazing Corn (GX80) is the No. 1 grazing corn in the nation because it is 5-6 days earlier than the competition.

This allows the rancher to plant 5-6 days later and still reach peak sugar content (pre tassel) before the frost shuts you down!

OVERSEED ALFALFA with Grazing Corn

Plant with a grain drill following second cutting on an older field alfalfa. Ready to graze in early September.

“We planted GX80 following second cut alfalfa. If we had to do that over we would follow third cut. We grazed 400 head for two weeks on 20 acres” Cory Veterre - Greenriver, Utah

HERE’S WHAT RANCHERS ARE SAYING Casey Calvin - Monte Vista, CO We grazed lambs on GX80. They ate it all the way to the ground. Unbelievable! (See website for photos)

Crawford Cattle - Winnemucca, NV

Planted mid July, it was way over our heads. We were surprised as to how long we were able to graze. We also baled some of it. We’re buying again.

Roberti Ranches - Loyalton, CA We grazed pairs. They ate it all to the ground. We also baled it. The cows like it. We plant GX80 every year.

Coffin Butte Farm and Ranch - New Leitzigg, ND We planted 400 acres on dryland and fed out 800 pair. We grazed it from Oct 20 to Nov 24. The corn was 7-1/2 ft. tall. The program was a success!

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University’s Bret Hess supports Experiment Stations across the West

Hess serves as executive director of the Western Association of Agricultural Experiment Station Directors Bret Hess, with the University of Nevada, Reno Experiment Station, has been hired to serve as the executive director of the Western Association of Agriculture Experiment Station Directors, supporting the collective interests of Experiment Stations and agriculture colleges throughout the Western U.S. Additionally, the University of Nevada, Reno was selected to serve as the host institution for the association.

In this role, Hess’s main responsibilities are to provide leadership to Experiment Station directors from the 13 states and four territories making up the association, prioritizing and providing oversight of regional initiatives and multistate projects that include research, Extension and academic programs.

He works with the directors to ensure that various Experiment Station projects are approved and meet the requirements of the association.

In addition, Hess will collaborate with directors to provide guidance and leadership at the national level for activities through the Experiment Station Committee on Organization and Policy (ESCOP) and

NDA

as the executive vice chair for the ESCOP Science and Technology Committee. ESCOP handles continuing business, organization and policy issues at the national level on behalf of the state agricultural Experiment Station directors and administrators.

“My goal is to support Experiment Station directors and help them work together,” Hess said. “When we coordinate and work together, we can accomplish so much more and have greater impact.”

Hess is also working closely with Chris Pritsos, director of the Experiment Station unit of the University’s College of Agriculture, Biotechnology & Natural Resources and incoming chair of ESCOP. Hess is providing support for Pritsos, who will be hosting the Experiment Station Section Annual Meeting in September at the Squaw Valley Alpine Meadows Resort. Hess and Pritsos are currently planning the schedule and programming for the meeting.

“It is great having someone of Bret’s leadership, experience and knowledge joining our Experiment Station family here at the University.” Pritsos said.

“I am looking forward to working with Bret during this coming year, as he will help me bring forth issues important to Nevada and the West to the national stage.”

Previously, Hess was the director for the Wyoming Agricultural Experiment Station and the associate dean for research in the College of Agriculture and Natural Resources at the University of Wyoming for nine years.

Bret Hess is working with the University of Nevada, Reno Experiment Station to host a national meeting at the Squaw Valley Alpine Meadows Resort.

Photo courtesy of University of Wyoming.

He also served as assistant director for nearly three years prior to his time in the director position. Additionally, Hess served on several different committees and held multiple regional and national leadership positions.

He credits all these experiences for preparing him to serve in his new leadership role.

TRADE AND ECONOMIC DEVELOPMENT PROGRAM

The Nevada Department of Agriculture’s (NDA) Trade and Economic Development program offers assistance to companies with their domestic and international marketing efforts. Services are free for Nevada agribusinesses, and program resources are designed to assist companies of any size, with or without experience in marketing.

TRADE AND ECONOMIC DEVELOPMENT SERVICES OFFERED • • • • • •

Domestic and international marketing education, financial resources and trade opportunities Customized one-on-one international and market research Trade and economic reports to keep industry, policymakers and consumers apprised of food and agricultural economic trends in Nevada Export training and education designed to inform businesses about the basics of exporting, how to explore different domestic and global markets, and state/federal programs that support agricultural companies Trade show and trade mission support connecting businesses to buyers Certificates of free sale documenting that the products are official, inspected and ready for export

LEARN MORE ABOUT TRADE AND ECONOMIC DEVELOPMENT OPPORTUNITIES Email Senior Trade Officer Dillon Davidson at ddavidson@agri.nv.gov to learn how the Trade and Economic Development program can help your business and visit agri.nv.gov/economic_development for more information about the program.

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22 MAY/JUNE 2021

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Wildfire Awareness Campaign kicks off with online speaker series Extension and partners team up to provide Nevadans with information and resources

University of Nevada, Reno Extension and local, state and federal firefighting agencies are embarking on a six-month-long “Nevada Wildfire Awareness Campaign,” kicking off in May and running through October. As part of the campaign, Extension’s Living With Fire Program will be offering a series of webinars on wildfire-related topics.

Formerly, Extension and its partners concentrated their efforts on wildfire awareness during May, declaring it “Nevada Wildfire Awareness Month.”

“With the number of wildfires occurring in the West and the havoc they have wreaked in recent years, we just really feel that we need keep the drum beating strong all summer and into fall,” said Jamie Roice-Gomes, manager of Extension’s Living With Fire Program. “There is so much information that can help people make their homes and properties safer from the threat of wildfire, and we want to keep people thinking about this, and acting on it, throughout the summer, and really all year.”

As part of activities to kick off the campaign, the Clark County Board of Commissioners issued a proclamation in support of the efforts. The Living With Fire Program was recognized alongside local, state and federal firefighting agencies at the Clark County Commissioners meeting in April, and details were shared about the collaboration between Extension and local, state and federal firefighting agencies to protect Nevadans.

Throughout the campaign, partners will continue to join with Extension to provide information and resources at community meetings and events throughout the state. In addition, the Living With Fire Program will present its “Living With Fire Series,” online webinars to help Nevadans learn more about wildland fire issues and how to reduce the wildfire risk. Topics include: Wildfire Evacuation Preparedness, May 13, 11:30 a.m. – 1 p.m.

This webinar is presented with the University’s Osher Life Learning Institute, a member-driven organization offering short-term educational experiences for older adults in northern Nevada. Deputy Emergency Manager Jason Danen, with the Carson City Fire Department, will speak about emergency notification systems such as Code Red and other forms of communication to the public during a wildfire. In addition, Skyland Fire Adapted Communities’ Leader and Douglas County Community Emergency Response Team Member Ann Grant will discuss items to prepare for an evacuation go bag and a stay box. Register online at bit.ly/ WildfireEvacuationPrep.

Perspectives of a Wildland Fire Investigator, May 18, 11:30 a.m. – 1 p.m.

Fire Mitigation and Education Specialist/Fire Trespass Coordinator Bradley Milam, with the Bureau of Land Management, will share wildfire investigation experiences. Forest Fire Prevention Officer Jennifer Diamond, with the U.S. Forest Service – Humboldt-Toiyabe National Forest, will share some fire prevention tips.

Register online at bit.ly/WildFireInvestigator.

Wildfire Smoke and Health, July 8, 11:30 a.m. – 1 p.m.

Meteorologist and Public Information Officer Chris Smallcomb, from the National Weather Service – Reno office, will discuss smoke forecasting and models used to predict smoke. Air Quality Specialist Brendan Schnieder, with the Washoe County Health District’s Air Quality Management Division, will discuss wildfire smoke and health impacts. Register online at bit.ly/WildfireSmokeHealth.

Home Hardening Q&A, Aug. 12, 11:30 a.m. – 1 p.m.

Living With Fire will host a question-and-answer workshop with Steve Quarles, who is both University of California Cooperative Extension Advisor Emeritus and the retired Chief Scientist for Wildfire and Durability, Insurance Institute for Business & Home Safety Research Center. The session will focus on “home hardening,” defined as building or retrofitting homes to withstand wildfire. To watch a previous presentation on this topic, visit https://www.youtube.com/watch?v=Og4-kyiDwU. Register for the August online session at bit.ly/HomeHardening.

Reseeding and Flood After Wildfire, Sept. 9, 11:30 a.m. – 1 p.m.

Forester Anna Higgins with the Nevada Division of Forestry, Ecologist Mark Freese with the Nevada Department of Wildlife, and Project Manager Danae Olson with the U.S. Army Corps of Engineers will discuss reseeding landscapes, and preparing for potential flood after wildfire. Register online at bit.ly/AfterWildfire.

Prescribed Fire in Tahoe and Nevada, Oct. 14, 11:30 a.m. – 1 p.m.

Fuels Management Officer Keegan Schafer with Tahoe Douglas Fire Protection District and Forest Fuels and Vegetation Program Manager Duncan Leao with the U.S. Forest Service – Humboldt-Toiyabe National Forest will discuss prescribed fire and projects in the Lake Tahoe Basin and Nevada. Register online at bit.ly/ RxFireTahoeNV. For more information on the Nevada Wildfire Awareness Campaign and on how to reduce the wildfire threat, visit LivingWithFire.com or email Roice-Gomes at jamier@unr.edu Contact: Claudene Wharton UNR Extension Senior Marketing & Communications Specialist 775-784-7072 | whartonc@unr.edu | extension.unr.edu

Photo of a fire investigation that took place in Winnemucca, Nevada.

Extension presents “Perspectives of a Wildland Fire Investigator,” May 18, as part of their Living With Fire Webinar series.

Photo courtesy of Bradley Milam, BLM

The Timeline of Climate, Weather and Fire, June 10, 11:30 a.m. – 1 p.m.

Climatology Research Professor Tim Brown, also director of the Western Regional Climate Center, will discuss how weather and climate influence fire in Nevada.

Register online at bit.ly/ClimateWeatherFire.

Protect, Prevent and Prepare With NV Energy, June 24, noon – 1:30 p.m.

Natural Disaster Protection Plan Director James Saavdra and Director of Delivery Operations Zeina Randall, both with NV Energy, will discuss how NV Energy is working with customers and partners using innovative strategies to reduce the risk of wildfire to Nevadans. Register online at bit.ly/PPPNVEnergy. www.progressiverancher.com

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MAY/JUNE 2021 23

Online green industry trainings teach water efficient landscape principles Extension classes cover green-industry topics to become Nursery Worker Certified

UNR Extension invites local greenindustry professionals, including landscapers, groundskeepers and nursery workers, to attend the Qualified Water Efficient Landscaper (QWEL) training Mondays – Thursdays, May 10 – 26. Classes start at 6 pm and end no later than 8 pm.

Register online by May 7 at: www.growyourownnevada.com/qwel/

The training series, offered both online and in person, will prepare participants to take the certification exam May 26 to become certified professionals.

“This training provides the opportunity for green-industry professionals to step up their education, making them more competitive in the industry and training

24 MAY/JUNE 2021

them to help Nevadans become more water efficient,” Extension Northern Area Horticulture Specialist Heidi Kratsch said.

Instructors include Kratsch, Bill Hauck with Truckee Meadows Water Authority, Carrie Jensen with Urban Ecology Solutions and Mark Thompson with Reno Green Landscaping. Participants learn about local water, soil and plants; basic and advanced irrigation principles; and hands-on water audit skills they can use in the field.

Anyone can take the training for personal knowledge, and professionals are encouraged to take the exam to become certified. Cost for the training is $100 and includes the hands-on

water audit and reference manual. The certification exam, both in-person and online, is 6 – 9 p.m., May 26, and the cost is $50. The in-person training and certification exam are at the Extension office at 4955 Energy Way in Reno.

The training is part of Extension’s Qualified Water Efficient Landscaper Certification (QWEL) Program.

Professionals certified by the program, which was designed by the SonomaMarin Saving Water Partnership and is recognized by the Environmental Protection Agency, will be listed on the EPA’s WaterSense website, epa. gov/watersense, and on the QWEL. net website, where local landowners can find them for hire. In addition, certified QWEL professionals can use

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the QWEL logo on their vehicles and business cards as a means of marketing their qualifications to their customers.

For more info, email Chad Morris, Extension Commercial Landscape Horticulture Program Coordinator, at chadmorris@unr.edu, call 775.336.0249 or visit www.growyourownnevada.com/ horticulture-programs/commercialhorticulture/qwel/ Persons in need of special accommodations or assistance should call at least three days prior to the beginning of the workshops. All inperson activities will be conducted following all current COVID-related requirements.

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Nevada Farm Bureau AMERICAN FARM BUREAU FEDERATION 600 Maryland Ave SW, Suite 1000W Washington, DC 20024 202.406.3600 | www.fb.org

ESTATE TAX AND SPECIAL USE VALUATION Issue: IRS Code 2032A Special Use Valuation allows property to be appraised as farmland rather than at development value when determining estate taxes at time of sale. The provision needs to be modernized to remove outdated limitations so that it can serve its intended purpose of helping to preserve family farm and ranch businesses.

Background: The Tax Cuts and Jobs Act (TCJA) temporarily doubled the estate tax exemption from $5.5 million to $11 million per person (indexed) through 2025. While the higher but temporary exemption level protects the vast majority of the nation’s farms and ranches from the devastating consequences of estate taxes, farm and ranch families with businesses that top the exemption level are still plagued by estate taxes and related planning costs.

Estate tax liabilities often make continuing a family business after the death of a loved one difficult because paying the tax typically drains business resources.

Section 2032A Special Use Valuation is one tool available to help family business owners manage their estate tax liability. The provision allows farmers and ranchers to pay estate taxes on the value of farmland based on agricultural use, rather than the value if sold for development.

Farm and ranch families who choose to use Sect. 2032A Special Use Valuation commit to continue operating their farm or ranch business for 10 years. If they stop farming or ranching, sell the farm or ranch outside of the family, or change the use of their property, they must repay forgiven estate taxes. In addition, certain activities trigger an estate tax recapture. These include but are not limited to harvesting timber and selling a conservation easement.

In addition to helping farmers and ranchers, Sect. 2032A Special Use Valuation can also be used to help other family-owned business. Eligibility is limited to situations where the family business makes up a substantial part of the estate and requires the involvement of the deceased family member in the business for at least five years before death. In addition, the person(s) inheriting the business must be family members who are actively involved in running the family business operation.

Although Sect. 2032A Special Use Valuation holds great promise for protecting larger family-owned farms and ranches from estate taxes, it is not widely used due to its complexity which increases legal expenses. In addition, there is a $750,000 limit (indexed) in the amount that property values can be reduced. As a result, when Sect. 2032A Special Use Valuation is calculated, the resulting savings is insufficient to compensate for the restrictions put on the farm or ranch business. Allowing more farm and ranch land to qualify for Sect. 2032A Special Use Valuation would help more farm and ranch businesses transition to the next generation and protect valued open space from development.

AFBF Policy: Farm Bureau believes that the current $11.7 million estate tax exemption should be made permanent and indexed for inflation as a step toward the permanent repeal of estate taxes.

Farm Bureau supports bipartisan H.R. 2370, the Preserving Family Farms Act of 2021, to allow more farmland to be valued at its agricultural value rather than at development value for estate tax purposes under Sect. 2032A Special Use Valuation.

Contact: Pat Wolff | 202-406-3670 | patw@fb.org www.progressiverancher.com

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MAY/JUNE 2021 25

Nevada Farm Bureau John Newton, Ph.D., Chief Economist (202) 406-3729 | jnewton@fb.org | @New10_AgEcon Scott Gerlt, American Soybean Association (573) 256-9521 | sgerlt@soy.org www.fb.org/market-intel/ elimination-of-stepped-up-basis-poses-hazards-to-family-farms

Elimination of Stepped-up Basis Poses Hazards to Family Farms Potential Capital Gains Taxes Are Significantly Larger than Cash Rental Rates Capital gains taxes are based on the change in the value of an asset, such as farmland, livestock or timber, when that asset is sold.

Currently, the top capital gains tax rate is 20%. To reduce the capital gains tax, farmers and ranchers use stepped-up basis, which provides a reset for the basis during intergenerational transfers. In effect, upon the transfer of assets following a death, the basis is reset to the market value at the date of death. Following the adjustment, taxes can be levied only on gains realized by the individual during his or her ownership, not on gains realized prior to the step up in basis.

Any change in capital gains tax policy that eliminates or scales back stepped-up basis could result in a massive tax burden on the agricultural sector. The magnitude of the burden depends on the change in the asset value, but it would likely significantly exceed the annual income generated by the assets. In fact, it could take years of returns to equal the amount of the tax. Using USDA’s 2020 Land Values Summary (https://downloads.usda.library.cornell.edu/usdaesmis/files/pn89d6567/js957404w/hq37w9890/land0820.pdf ) the change in cropland values from 1997, and cash rental rate data, and assuming a capital gains tax rate of 20%, today’s article estimates the capital gains tax as a share of cash rental rates on cropland and the number of years needed to pay the capital gains tax (based on cash rental rates) if the tax is fully capitalized into the value of land and the step up in basis is not preserved. A previous article reviewed the detrimental impact that reduction in estate tax exemption levels would have on family farms (www.fb.org/market-intel/estate-taxesare-a-threat-to-family-farms).

Change in Cropland Values & Estimated Capital Gains Tax One of the reasons the step up in basis is so important to farmers and ranchers is the asset values in agriculture have appreciated significantly in recent years. As a result, when farmland is inherited, without a step up in basis, many farmers would face very significant capital gains taxes. For example, since 1997 (the first year of land value data from USDA) the average cropland value in the U.S. has increased by 223%, rocketing from $1,270 per acre to $4,100 per acre. In portions of the Corn Belt, the change in land values is even more significant. In South Dakota, North Dakota, Wisconsin, Minnesota, Nebraska and Iowa, the change in cropland values since 1997 exceeds 300%.

In high-productivity cropland areas such as Iowa and Illinois, the average cropland value has increased by more than $5,000 per acre since 1997. Similar changes in cropland values have occurred in areas near metropolitan centers, such as in Florida and California and along the East Coast. Assuming a capital gains tax of 20% on the change in cropland value from 1997 to 2020, farmers would face estimated capital gains taxes of more than $1,000 per acre in California, Iowa, Illinois, Delaware and New Jersey. Based on national average cropland values in the U.S., the average capital gains tax would exceed $560 per acre.

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Putting Capital Gains Taxes Into Perspective A capital gains tax of more than $500 per acre does not immediately convey the significance or magnitude of the tax increase, so it’s important to put this tax into perspective. Farming and ranching is an asset-intensive and low-margin sector. According to USDAEconomic Research Service’s February 2021 Farm Income Forecast, the projected five-year average rate of return on farm assets is 2.8%—significantly lower than the median five-year average return on assets for the S&P 500 of nearly 8.0%. At this rate, $1 million in farm assets would only generate an annual income of $27,800.

As a result of lower returns on farmland assets, taxes based on asset valuation become even more significant for agricultural producers because the assets generate much lower returns than other asset classes.

The capital gains tax was calculated based on the appreciation of farmland. Based on the average change in cropland values, U.S. average cash rents and the estimated capital gains tax, the capital gains tax in the U.S. would equate to more than 400% of the average cash rental rate. Across the U.S., the capital gains tax as a proportion of the cash rental rate ranges from a low of 74% in New Mexico to more than 1,300% in New Jersey. Let that sink in. The capital gains tax per acre in 37 states is more than 400% of the average cash rental rate—a very large tax obligation for many farm families to meet no matter the size of the farm operation.

This obligation discourages the sale of land thereby potentially increasing the cost of farmland.

Another way to put the potential effect of removing stepped-up basis into perspective is to compare the potential capital gains tax on land to the rental income from the land in order to estimate how long it would take to offset the loss of stepped-up basis if the capital gains tax was fully incorporated into the land price. The number of years varies by state but is more than four years based on national average rental rates and the estimated tax burden. In states with larger urban areas, it would take longer to pay off the capital gains tax because land values are rising much faster than cash rental rates, as non-agricultural uses drive up land prices. In the center of the country, the range extends from about three years to six years to pay off the tax.

Summary To minimize the impact of burdensome capital gains taxes, farmers and ranchers use stepped-up basis, which provides a reset for the asset value basis during intergenerational transfers. Capital gains taxes are based on the change in the value of an asset, such as farmland, livestock or timber, when that asset is sold. Assuming a very likely capital gains tax rate of 20%, without stepped-up basis, it’s estimated that the tax burden on farmers and ranchers inheriting cropland would be significantly larger than the cash rental income generated on the farmland. In the case of most farm operations, the capital gains tax would take several years of rental income to pay the tax obligation.

Heirs facing these taxes would incur steep costs from selling the land, thereby increasing costs for everyone in the marketplace. If an estate is passed on with debt, it may not be possible for the family to meet the tax obligation. To protect these family farms and minimize the impact of capital gains taxes, it’s important that farms have continued access to stepped-up basis. Eliminating steppedup basis to generate more federal income risks the livelihood of America’s family farms and the economic sustainability of these family operations long into the future. www.progressiverancher.com

April Fools - 2021 Prospective Plantings Corn and Soybean Planting Intentions Fall Short of Expectations for a Supply Boost USDA’s annual Prospective Plantings report, released on March 31, is the first look at the 2021 planting intentions farmers have for principal crops in 2021.

The survey-based report estimates that as of March 1, U.S. farmers intend to plant 91.1 million acres of corn and 87.6 million acres of soybeans in 2021. Combined, corn and soybean acres would be an estimated 178.7 million acres, the second-highest acreage on record, behind only 2017, when more than 180 million acres were planted. But with tightening supplies rapidly driving commodity prices higher over the last month, it’s hard to believe farmers would not consider this incentive to plant more acres of both corn and soybeans and surpass the 2017 record.

To read the full article, please visit: www.fb.org/market-intel/april-fools-2021-prospective-plantings

The Progressive Rancher

MAY/JUNE 2021 27

High Desert Grange & High Desert Grange Satellite Northern Lyon County

For more information on: HIGH ROLLERS JACKPOT

contact Gloria Montero | highdesertgrange22@gmail.com

and for information on:

GRANGE’S BATTLE BORN EASY-PEASY HORSE SHOW GRANGE’S BATTLE BORN DAIRY GOAT SHOW GRANGE’S RABBIT QUIZBOWL GRANGE’S BATTLE BORN HORSE JUDGING & HIPPOLOGY CONTEST GRANGE’S HORSE BOWL contact Carolynn Chamlee | cmchamlee@gmail.com

High Desert Grange Chapter 22 P.O. Box 5272 Fallon, NV 89406 775-427-8210 www.facebook.com/highdesertgrange22 highdesertgrange22@gmail.com www.grange.org/highdesertnv22 www.nationalgrange.org

LEADERSHIP • COMMUNITY • FRIENDSHIP 28 MAY/JUNE 2021

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Churchill County Cowbelles Update

By Susan Van Patten, President

Growing up in Wyoming on a small family cattle ranch next to the Wind River Mountains was a gift from God that I treasure more as I grow older. My parents believed that a “little hard work never hurt anyone.” I still hear that echoing in my mind. Living on a ranch requires tremendous effort by the entire family. Both of my parents were there to supply the list of chores, supervision, guidance, and motivation that developed the “grit” that made us typical ranch kids. Consequently, I saw my Dad as being larger than life; in fact, some of us considered him a real-life John Wayne. He had that special spark of a pioneering spirit coupled with a quick wit and a rock-solid sense of fairness and justice. Dad loved life and it just loved him back. My Mom was an equal partner in their marriage, but she had earned that status. I believe their spirit exemplifies the spirit of ranchers and farmers throughout the history of the United States. In fact, the values children learn growing up working on a ranch or farm instill a work ethic that many historians link to the success of the United States.

In 1787 Thomas Jefferson stated that “The pursuits of agriculture are the surest road to affluence and the best preservative of morals.”

We held our monthly meeting for April on Monday the twelfth at Lattin Farms. During the business meeting we adopted the revisions to our bylaws crafted at a special meeting in March. The Scholarship Committee reported that we had received ten applications for our Scholarships from Churchill County High School and the Oasis Academy. They will be reviewing the applications and awarding them at the respective schools. The Carcass Committee announced that the judges for the competition were fully financed and there was going to be a live show. Final details are currently being worked out. Nice work Ladies! Unfortunately, the Junior Livestock Show and Sale will close this year without the traditional dinner sponsored by many in the community.

Vice President Leana Carey shared with Cowbelles the Proclamation that Fallon Mayor, Ken Tedford signed declaring March 2021 as Agriculture Month.

The Proclamation noted that the agriculture industry in Fallon is an essential element of the economy and lifestyle of the community. Google defines agribusiness as the group of industries dealing with agriculture products and services required in farming. A farmer or rancher in Fallon is a mantle that is worn with pride for the fresh and healthy locally produced food. Many products are utilized locally, but just as many begin a journey to a food processing plant and ending in a food service business. The agriculture industry in Fallon has a rich history of growing food for the community and

traditions worthy of recognition and sustaining. Thank you, Mayor Tedford. Congratulations and thank you to a group of unsung heroes in our midst.

The meeting included a special presentation. We finally met the individual we chose as Teacher of the Year, Heather Weissmer when we presented her with her cash award. There to share in the honor were her two daughters and her husband. Smiles and laughs abounded during this part of the meeting. Heather teaches second grade at the Oasis Academy.

Sonja Johnson collaborated with Amber Smeyers on a special presentation related to agricultural literacy. The presentation included an educational activity called

Build A Calf that explored the role of heredity in cattle and identified dominant and recessive genes. It was nice to have Heather’s children there to assist with the activity. Thank you, girls! This sample was one of many lessons available to teachers that incorporates agricultural concepts into the classroom.

Amber is the Agricultural Literacy Coordinator for the state of Nevada. The Beef Education and Publicity/ Promotion Committee will be reviewing the websites and utilizing Amber’s expertise to develop some ideas to get agricultural concepts into the classroom.

Amber Smeyer can be reached at asmyer@agri.nv.gov or775-870-6736.

Our Favorite Beef Recipes Sheet Pan Burger Sliders with Secret Sauce These sliders are super easy to put together and are always a huge hit! Ditch the drive-thru; satisfy your “fast food” craving at home! Perfect outdoor party food, they’re also great with fries and a salad for a fun family “dinner and a movie” night.

Ingredients 2 pounds ground beef 2 large eggs, beaten 3/4 cup minced onion, divided 2 teaspoons garlic powder 1 teaspoon salt 1 teaspoon pepper 1 package (17 ounces) dinner rolls 1/2 cup Thousand Island dressing, divided 10 slices American cheese 12 sliced dill pickles 1-1/2 cups shredded Iceberg lettuce 1 tablespoon butter, melted 1 tablespoon sesame seeds, toasted www.progressiverancher.com

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Directions Preheat oven to 350°. In a large bowl, mix beef, eggs, 1/2 cup minced onion, garlic powder, salt and pepper just until combined; do not overmix. Place meat mixture on a large, parchment-lined baking sheet; shape into two, 6-in. x 8-in. rectangles, each about 1/2-inch thick.

Bake until a thermometer reads 160°, 15-20 minutes.

Without separating rolls, cut rolls in half horizontally. Spread 1/4 cup of dressing evenly over bottom halves of rolls.

Blot meat with paper towels to remove excess fat; top meat with cheese and return to oven. Bake until cheese has just melted, 2-3 minutes. Place meat on bottom halves of rolls; spread with remaining 1/4 cup dressing. Layer with pickles, remaining 1/4 cup minced onion and shredded lettuce; replace with top halves of rolls. Brush butter on top of rolls; sprinkle with sesame seeds.

Cut and serve immediately.

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Great Basin Research & Extension Center | Eureka, Nevada Based on a Presentation by Gary Mccuin for Tracy Shane’s Class On Sheep Management • The Eureka Experiment Station will be comprised of University owned and leased real properties and Bureau of Land Management grazing allotments located adjacent to the town of Eureka and Diamond Valley.

• The station conducts agricultural research pertaining to traditional irrigated crops (alfalfa and grass hay), and identification of climate adapted alternative crops, sheep and cattle production on irrigated forages and rangelands, invasive weeds and pest control, irrigation efficiency, rangeland management and rehabilitation, and agricultural marketing and economics pertinent to Nevada and western US producers.

Not Just A Sheep Station....

• Crop production in water limited Environment • Rangeland Research • Multi species grazing effects • Wildlife/Livestock interactions Environmental and disease • Irrigation management • Weed control • IPM • Applied Science to address & fulfill the Land Grant Mission

• Since 1989, the mission and directive of the Rafter Seven Ranch, and now Rafter Seven Merinos, is to combine USA and Australian sheep genetics to benefit and grow the bottom lines of sheep operations across the USA, and into Canada and Mexico.

• The result are two hardy breeding lines of merino and merino x rambouillet ewes who thrive on the sparse conditions of the Nevada desert, provide a high percentage of multiple births, and mother well, producing high performing & indexing fine wool lambs, and wools that are up to Australian standards in terms of quality and processing performance

We emphasize quality wool production, lambing rates, hardiness, longevity and herding instinct, among others, as profitable production traits.

• Rafter 7 Merinos have produced USA’s premiere wool clip for over 30 years straight.

Rafter 7 rams are NOT show sheep. They are grown out under range conditions in the high desert mountain ranges of Nevada.

They have over 25 years of history helping sheep producers improve their lamb crop and wool clip.

• Maintenance and improvement of this flock provides Nevada and US sheep producer’s genetic material, research and management practices that will enhance domestic production of lamb and wool on par with international competitors.

• One of the largest benefits of the Eureka Experiment Station will be production, research and outreach in the heart of the Great Basin under the same challenging conditions and circumstances as the producers it is meant to benefit.

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• Herd and herder Management are under the Expert control of Tom Filbin. Tom has spent 30 years with this flock after managing the IL Ranch herd of over 20,000 head.

• UNR purchased the herd from Rick Powers. Rick purchased the sheep when the Weigand Foundation decided to sell the herd and ended the collaborative management with UNR and Dr. Hudson Glimp.

• Rick is an international wool broker for Lemprier Wool. We maintain that relationship in consultation of breed selection and wool marketing.

• Sheep are herded on a daily basis on-range or on-pasture with labor obtained through the DOL H2A foreign workers program. Typically, these are Spanish speaking men from South America or Mexico.

Production environment typical of western range sheep production

In addition to standard wool sales to wool brokers, Rafter 7 is developing a line of retail products in collaboration with Mountain Meadows Woolery in Buffalo WY. These products would carry the UNR logos.

Cold high desert cool season forages Cold winters avg 30° F to -40° Dry summers short growing season 90-110 days

General production system: • 5 months on BLM Rangeland (May-Sept) Chasing flowers (5,000 – 8,000 ft elev.

• Oct –April on crop aftermath and harvested hay • Breed Nov/Dec for Lambing mid-late April • Shed lambing – Necessary to lamb early enough to get on range at green up • High feed and labor cost Market: • Fine wool – broker and developing retail • Ram Sale - September 2yr old rams as seedstock, some ewes • Lamb and cull sales

General Selection Criteria for the flock based on Arid Rangeland conditions • Ewes annually shear 10% of their body weight in high quality wool raw grease wt.

(21 micron or less and staple length of 3 inches). I.E. 150 # ewe produces 15# grease wool.

• Ewe annually weans her body weight in lambs, i.e. 150# ewe weans 2 -75# lambs • Secondary considerations

• High yielding wool – dry scoured basis 60% cleaned wool • Bright white color long staple (staple length decreases as fineness of wool increases)

• Smooth bodies, open faces • High yielding carcass and good weight gains at early age • Multiple birth i.e. high twinning rate • Maternal instincts www.progressiverancher.com

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Great Basin Research & Extension Center | Eureka, Nevada Black Point Allotment, NV10032 Administrative Office: Mount Lewis Field Office, Battle Mt. NV Operator Name: High Country Ranches, LLC Total Land Federal 59,430 ac.

4,312 AUM’s Management Plan Implemented Date: 01/07/2000, AMP, Improve Category

Auth. Active Suspended Number AUM’s AUM’s 2704073 4,312 2,307

Temp Susp.

AUM’s 0 6,619

Livestock Grazing Grazing % Type #/Kind Begins End’s PL Use 1,665 Sheep 5/1 10/01 100 Active 2 Sheep10/01 10/31 91 Active 1

Permitted Use AUM’s

0002 MINOLETTI 0003 DEER 0004 POISON 0005 DRY 0006 SEEDINGS 0007 NORTH 0008 WEST

0009 MINOLETTI/DEER 10 MIN SDG/COT SDG/BUCK 11 COTTONWOOD/MINOLETTI 12 WEST-NORTH 13 DEER/POISON 14 NORTH SPRINGS

Terms & Conditions: Utilization on all “Key Browse Species” will not exceed 50% in big game habitat areas by the end of the grazing year. Utilization on “Riparian Habitat Key Forage Species” will not exceed 50% by the end of the grazing year.

Type AUM’s Use 100 Active Active 275 Total 1,286

Spanish Gulch Allotment, NV10054 Administrative Office: Mount Lewis Field Office, Battle Mt. NV

Operator Name: 2 Bit Ranch, LLC Public Land 5,985 ac. Private Land 0 ac.

Total Land 5,985 ac. 647 AUM’s Management Plan Implemented Date: 01/05/2000, AMP, Improve Category Auth. Active Suspended Temp Susp.

Permitted Number AUM’s AUM’s AUM’s Use 2700240647 0 0 647 Total 647 Livestock Grazing Grazing % Type AUM’s #/Kind Begins End’s PL Use 643 Sheep5/1 9/30 100 Active 647 32 MAY/JUNE 2021

14 Pastures – 0001 COTTONWOOD SPRINGS

1,833

Ruby Hill Allotment, NV10048 Administrative Office: Mount Lewis Field Office, Battle Mt. NV Operator Name: 2 Bit Ranch, LLC Public Land 12,267 ac. Private Land 4,235 ac.

Total Land 16,502 ac.

1,286 AUM’s Management Plan Implemented Date: 09/27/2004, AMP, Maintain Category Auth. Active Suspended Temp Susp. Permitted Number AUM’s AUM’s AUM’s Use 270239 275 0 0 275 27002411,011 0 0 1,011 Total 1,286 Livestock Grazing Grazing % #/Kind Begins End’s PL 1,142 Sheep 5/1 9/30 50 Cattle 3/16 8/29 100

Terms & Conditions: Utilization on “Key forage species” will not exceed 50% by seed dissemination and 60% by the end of the grazing season.

Terms & Conditions: Utilization on all “Key Browse Species” will not exceed 50% in big game habitat areas by the end of the grazing year. Utilization on “Riparian Habitat Key Forage Species” will not exceed 50% by the end of the grazing year.

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The Great Basin Research and Extension Center grazes its herd of sheep in Cottonwood Canyon in Central Nevada.

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First published 1.7.21 at ediblerenotahoe.com/magazine/edible-notables-sorghum-beer By Emma Schmitz Bread, cereal, spaghetti, snack bars. What do these food items have in common? Grain, which typically constitutes a nightmare for gluten-sensitive eaters. Thankfully, modern food scientists have discovered many gluten-free substitutes that commonly have a base of sorghum, a naturally gluten-free variety of grain from the grass family. And while parts of the world such as Asia have a long history of using sorghum for spirits, American brewers are just getting started with this consumer-friendly base for making 100 percent gluten-free beer.

The absence of gluten in sorghum is one of many reasons to use it instead of barley. Growers can produce more of the grassy grain per acre compared to barley fields while using less water than corn, and beef cattle can feed on the leftover stalks after harvest during the winter. The health and sustainability benefits of sorghum are why University of Nevada, Reno researchers Melinda Yerka, an assistant professor of agriculture, and John Baggett, a soon-tograduate biochemistry Ph.D. candidate and research assistant, started a sorghum-breeding program at the university’s College of Agriculture, Biotechnology & Natural Resources.

Making a Better Brew Funded by a $500,000 grant in 2019 from the United States Department of Agriculture and in partnership with Richardson Seeds, a Texas-based sorghum production facility, the researchers have so far identified a specific hybrid that tastes better than other varieties — a very important aspect of beer-making.

Research in the next year or two will hopefully reveal why that is.

‘normal’ sorghum,” so that her group can breed more varieties that are ideal for commercial beer production in a wider range of environments, with help from University of California, Davis’ Glen Fox, Anheuser-Busch endowed professor of malting and brewing sciences.

Readers may be familiar with the terroir concept in wine grapes. That’s what Yerka and Baggett want to develop in sorghum. A grant of $150,000 from UNR’ Experiment Station unit in 2020 is funding research to discover how different environments affect a variety’s malting quality and flavor in order to identify the best regions for producing, malting, and brewing the grain.

“We want to adapt new sorghum hybrids to specific regions to support farm-to-table production of unique varieties and flavors that also contribute to reducing water use in agriculture relative to other crops like alfalfa and corn,” Yerka says.

When asked about detectable flavor differences in sorghum-based versus barley-based beer, Baggett says part of the goal of their research is to discover and understand exactly those. In the meantime, Baggett encourages the sorghum curious to go out and try a pint for themselves; a small number of companies brew with it commercially, and consumers should be able to taste test the UNR-grown sorghum at The Depot Craft Brewery and Distillery in Reno within the next few years.

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University of Nevada researcher Melinda Yerka sits amid her sorghum crop at UNR’s Valley Road Agricultural Experiment Station. Photo by Candice Vivien

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Yerka would especially like to “identify what it is about [sorghum] genetically that provides the superior flavor and mouthfeel of this hybrid relative to

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Learn to Love Lobbying Most nonprofits don’t know how to lobby and, worse, think that it entails cutting shady deals with sleazy characters. Yet lobbying is nothing more than educating legislators – a right that our democracy guarantees. To make the changes they want to see in the world, nonprofits must learn to lobby. And who knows? They may even learn to love it.

By Fraser Nelson, David W. Brady, & Alana Conner Snibbe What do Mothers Against Drunk Driving and the National Beer Wholesalers Association have in common? How are the Campaign for Tobacco-Free Kids and Philip Morris similar? What do the Love Canal Homeowners Association and Hooker Chemical Company share? They all know that if you want to change the world, you have to lobby local, state, and federal governments.

Legislative action is often the best way to bring about the stable, sweeping changes that nonprofits crave. And yet nonprofits routinely forfeit their right to lobby, finds the Strengthening Nonprofit Advocacy Project (SNAP), a survey of more than 1,700 national nonprofits conducted in 2001 by Tufts University, OMB Watch, and the Center for Lobbying in the Public Interest. (See chart on p. 59 for a definition of lobbying.) Although many nonprofits have lobbied once or a few times in the past, very few make lobbying a regular activity.

The ranks of lobbyists are therefore short of nonprofit voices, and instead are dominated by the interests of industries or specific corporations. In Utah, for example, where one of the authors (Fraser Nelson) long worked for the Disability Law Center (DLC), fewer than 5 percent of the registered lobbyists represent community-based organizations. In the absence of nonprofit lobbyists, corporations and industries frame most public policies – including those that affect nonprofit issues, nonprofit clients, and even the nonprofit sector itself.

Nonprofits have their reasons for steering clear of legislatures. But when they do not use every avenue to assert their clients’ rights – especially when clients cannot do so on their own – they fail in their missions. At the DLC, for instance, clients are residents of the state mental hospital, are homeless, or are children with disabilities. When nonprofits don’t speak up for them, no one does. More generally, when nonprofits shy away from the rough-and-tumble world of politics, they miss out on opportunities to improve legislation, to strengthen their organizations, and to advance their issues.

Why Not Lobby? When nonprofit leaders are asked why they don’t lobby, their first answer usually involves the word “sleaze.” They do

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not see what lobbying has to do with their pure and unselfish missions. They protest that rubbing shoulders with high-powered folks in Gucci loafers can’t possibly advance their causes, and will only turn off their donors. After all, who wants to be associated with the likes of Jack Abramoff?

Even when they are lobbying, nonprofits don’t like to use “the L-word,” finds the SNAP study. Instead, they use such euphemisms as “educating policymakers” or “advocacy“ – a much broader term that means any endeavor to change government or private sector policy, including lobbying, education campaigns, and public appeals.

Unlike these other forms of advocacy, though, only lobbying is regulated by the government.

Many boards and directors do not understand the laws governing nonprofit lobbying, and so labor under the false assumption that lobbying will get them into trouble with the IRS – a second obstacle to nonprofit lobbying. For example, half of the nonprofits in the SNAP study incorrectly thought that they could not lobby if part of their budget comes from federal funds.

Worries about the IRS are not entirely unfounded: In 2006, the IRS investigated the NAACP for abusing its tax-exempt status after the organization’s chairman, Julian Bond, criticized President George W. Bush during the 2004 presidential campaign.

In the end, the IRS called off its investigation. Indeed, the IRS has made it easier for nonprofits to account for their lobbying and advocacy activities. (See “Know Your Rights” on p. 60.) There are no limits at all on volunteer lobbying efforts, and very generous limits on the amount of money nonprofits can spend in a given year.

In 10 years of active, year-round legislative advocacy, for instance, the DLC, a $1.7 million dollar agency, has never even come close to the limit (20 percent of our budget) allowed for direct lobbying activities.

Finally, most nonprofit leaders say they have a hard enough time meeting their program needs and providing direct services to clients without taking on the law of the land.

Lobbying is not a client service or program, and so nonprofits easily overlook it when the time comes to develop their annual budgets.

Many line staff and board members feel that “real” nonprofits provide something directly beneficial to an individual or a community, and that lobbying would take away from that. They also fear that the bottom line will suffer if donors perceive that the agency’s political work is undermining its mission.

Educators, Not Sleaze. Yet lobbying is not only about K-Street bandits cutting backroom deals in clouds of cigar smoke. It isn’t dodgy dealings behind the back of the IRS. And it isn’t an expensive diversion from the pursuit of mission. Instead, lobbying is just committed citizens giving the right information to the right people at the right time. Politicians are generalists – they have to deal with an overwhelming number of issues, from Medicaid to water rights to banking regulations. They need lobbyists to educate them so that they can make the best decisions for their constituents.

Businesses know this, and use it to their advantage. In 1985, the Business Roundtable, the AFL-CIO, and several other players lobbied Congress to restrict high-risk, high-yield, noninvestment- grade securities – also known as junk bonds.

Junk bonds fund a variety of undertakings, ranging from hostile takeovers and leveraged buyouts to business growth. In the early 1980s, corporations claimed that junk bonds undermined competitiveness and diverted capital from worthier investments.

One voice against the anti-junk bond legislation was that of Michael Milken’s firm, Drexel Burnham Lambert. The firm hired lobbyists to remind legislators in 24 states that their districts did not have investment-grade companies, and so their constituents needed junk bonds to thrive.

Lobbyists also pointed out that junk bonds funded many woman- and minority-owned companies. Congress got the picture that junk bonds may not be all bad, and decided against passing new legislation regulating them.

The need for information is even greater at the state and local levels, where there are no budgets for large staffs, and where legislators aren’t necessarily professional – or even full time. In Utah, for example, the chair of the state Legislature’s Executive Appropriations Committee from 2001 to 2004, Leonard Blackham, was a turkey farmer from Moroni. Although Sen. Blackham’s area of expertise was the poultry industry, he became one of the state’s strongest voices for mental health treatment. Working with the state chapter of the National Alliance for the Mentally Ill (NAMI) and the DLC, he developed involuntary civil commitment legislation that makes it easier to get people into mental health treatment without violating their civil rights.

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For years, NAMI and the DLC fought bitterly over the issue of forced treatment.

On the one hand, NAMI wanted a looser definition of the conditions under which the state could force an individual into psychiatric treatment. On the other hand, the DLC wanted more protections for the civil liberties of mentally ill people.

But recent cuts to mental health funding placed treatment beyond the reach of many Utahns. Involuntary civil commitment – for which people do not have to pay – was one route that families could take to get psychiatric care for their relatives.

A staunch conservative, Blackham appreciated that involuntary commitment can violate individual freedoms, and he was impressed that the U.S. Supreme Court had termed the practice “a massive curtailment of liberty.” And as chair of the appropriations committee, he did not want citizens abusing involuntary commitment for free care. But Blackham was also moved

by NAMI members’ testimonies about their families’ pain, as well as about how Utah’s underfunded public mental health services exacerbated their suffering. In the end, the senator crafted legislation that both gives people treatment at a price they can afford and protects their rights.

Unsung Virtues of Lobbying. The most obvious virtue of lobbying is that it can improve the laws that most affect nonprofits’ clients. For example, the DLC lobbied the Utah Legislature to tighten regulation of wilderness boarding schools for teens with behavioral problems, so that now these schools are safer. The DLC’s lobbying also helped to make polling places more accessible to people with disabilities.

A second, equally important, but often overlooked benefit of lobbying is that it strengthens organizations. When nonprofits get involved in lawmaking, they raise their profile among elected officials, the media, donors, and potential partners. For instance, lobbying has made Voices for Utah Children the state’s best-known advocate for children’s issues, and the go-to source for the media, state agencies, and elected officials on issues affecting children. The group provides expert testimony and research on how state policy will affect children’s welfare. In a clever combination of fundraising and advocacy, the agency holds an annual luncheon that both honors its advocates and outlines the challenges facing Utah’s vulnerable children.

As a consequence, corporate lobbyists, elected officials, the media, and influential members of the public become aware of the agency’s vital role in caring for children.

They also learn about the actions they can take to guarantee that state and federal laws and policies benefit Utah’s children.

Lobbying is also a great way to involve nonprofit volunteers, donors, and board members. Getting board members who are leaders in their communities – such as

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clergy, physicians, and teachers – to speak with legislators or to participate in press conferences deepens their connections to organizations and their missions.

For this reason, Planned Parenthood Action Council of Utah takes its highpowered board members, who include a former congresswoman, to help lobby for reproductive rights in Washington, D.C.

In addition, lobbying can be a vehicle for empowering clients. When the Disability Community Alliance brought 200 people, many with profound cognitive disabilities, to the Utah state Capitol last year, it sent a strong message that their voices deserve recognition. Tom Brownlee, an advocate from West Jordan, Utah, worked with Rep. David Hogue to pass a resolution removing words like “feebly minded” and “mental retardation” from the Utah Code. Brownlee and other advocates gained the confidence and experience they needed to work on other big initiatives.

Being Political. One final barrier to lobbying is the mystery of actually getting involved in the process. To the uninitiated, lobbying can seem complicated and arcane. But at its heart, it’s just politics.

Politics means working with strange bedfellows and making compromises. In the 1970s, for example, coal companies in the eastern United States found themselves working alongside environmental groups in the western United States for the same cause: mandating pollution-reducing scrubbers in new power plants. Coal from mines in the western United States met EPA standards for sulfur dioxide emissions without additional processing, but coal from Eastern mines is dirtier. (In order to meet EPA standards, power companies must install scrubbers to filter sulfur dioxide from Eastern coal.) Unless Congress federally mandated the use of scrubbers, Eastern coal mines would not be able to compete with Western coal mines. Enter Western environmental groups, which wanted Western power companies to install scrubbers so that they would have even cleaner air. In the end, dirty coal and cleaner air together lobbied Congress, and to this day scrubbers are standard issue for all new power plants built in the United States.

In 1999, the DLC similarly learned how to work with strange bedfellows. That year, two people with mental illnesses were involved in shooting incidents in Salt Lake City, including one in which a man shot two people at the Mormon Family History Library before turning the gun on himself. In response, Rep. Gary Cox, a policeman, proposed a bill that would greatly limit access to guns by people with mental illnesses. The DLC’s staff and board discussed the bill at length and, though it was a controversial stand, decided to oppose the legislation. The DLC worked with the National Rifle Association, Utahns for www.progressiverancher.com

Guns, Scientologists, and the Utah branch of Phyllis Schlafly’s archconservative Eagle Forum (all for the first time) to develop a compromise bill that both preserved gun rights and protected the public.

In lobbying, pure victories are uncommon.

The willingness to compromise is essential.

Good lobbyists soon learn that unless they are violating a core principle, some progress is better than none at all. For seven years, Utah state Sen. Pete Suazo and Rep. David Litvak worked to pass hate crimes legislation in Utah. The Legislature defeated the bill every year because gay and lesbian citizens were among the groups the bill sought to protect.

The civil rights organizations working on the legislation refused to remove homosexuals from the groups listed, although it was clear that the bill would not pass as long as they were on the list. As a compromise, lobbyists helped draft a bill that did not list groups by name, but instead generally referred to groups that have historically suffered from discrimination. With a few more modifications, archconservative opponents finally approved the bill.

Understanding politics not only advances our organizations’ missions, it also requires us to be better people. Effective lobbyists never hassle, harangue, or threaten. They don’t carry grudges. Mario Cuomo, the former governor of New York (and political mentor to the first author, Nelson), was fond of quoting the Chinese military strategist Sun Tzu: “Keep your friends close, and your enemies closer.” One way to do this is to thank both profusely. Legislators and lobbyists work hard, often for little money and at considerable personal sacrifice. They deserve and need to feel appreciated for their public service. Nonprofits cannot thank legislators and their fellow lobbyists enough, even if all they did was help them understand the opposing side’s viewpoint.

Telling the Truth. Because the function of lobbyists is to relay facts, their stockin- trade is honesty. Nonprofit lobbyists may not have the basketball tickets or outsized expense accounts of their corporate counterparts, but they do have the integrity of their causes on their side.

And so when nonprofit lobbyists sully their reputations, their fall from power is all the greater. This is what happened to the AARP. In the late 1980s, the AARP lobbied Congress to pass the Medicare Catastrophic Coverage Act, which would cap out-ofpocket expenses for elderly recipients’ acute care. The AARP said that seniors favored the act and would be able to pay for it through a hike in their Medicare premiums.

Yet the AARP, knowingly or unknowingly, had misrepresented the elderly, who did not want to pay the increased fees. Seventeen months after the bill passed, Congress had to repeal it. The AARP has yet to fully recover its reputation on Capitol Hill because many lawmakers still do not trust the group.1

Nonprofit lobbyists can maintain their integrity by never exaggerating, never promising something they can’t deliver, and never speaking beyond their knowledge.

They should become familiar with phrases such as “I cannot answer that with certainty” and “I do not know.” They should present all sides of an issue so that legislators can understand the opposition to their position.

They should also make sure that potential supporters are aware of any negatives to supporting their position that might prove embarrassing in committee hearings, floor debate, or the press.

Last, nonprofit lobbyists should not be afraid to change their minds. Sometimes the issue they are promoting faces too tough an opposition. Their research may be faulty or new research may draw a different conclusion. Politics can change – the governor no longer supports the bill, or the chamber of commerce is opposing the legislation. Part of telling the truth is letting legislators know when they are going to lose and, if possible, how badly. Honesty will give them the opportunity to choose their battles.

Making It Real. One of the great advantages that nonprofit lobbyists have is that they can easily frame their issues in human terms, connecting bills and appropriations to real people. During a 2005 effort to restore optional Medicaid services for mental health, dental, and vision care in Utah, advocates from the Utah Issues Center for Poverty Research and Action helped clients of psychiatric day treatment attend a rally for dental care. One constituent drove his point home with a sign reading “I may be mental, but I still need dental!”

Nonprofits can help legislators understand their issue by arranging for them to meet people whom their legislation affects, either in person, through letters, or by developing fact sheets. The general rule of thumb is that one constituent contact is worth five contacts from professionals or other lobbyists on the same issue. But remember, when nonprofits bring constituents and board members to meet with legislators, they should direct the conversations so that they are short, sweet, and interactive. Constituents should not lecture legislators or saddle them with personal issues.

Not just the form, but also the content of nonprofits’ lobbying communications needs to be concrete, immediate, and relevant to legislators. When lobbyists against junk bond regulation spoke with lawmakers from Virginia, for example, they did not argue that junk bonds are important to the American economy, or that junk bonds have a higher risk-adjusted yield than investment-grade securities. Instead, they pointed out that in a single district alone, there were 9,000 jobs in companies funded solely by junk bonds.

Such relevant, immediate, and concrete facts make legislators sit up and listen.

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Worth the Work. One reason we have so many bad laws and regulations is that nonprofits are not as engaged in the political process as they should be. When nonprofits have lobbied in the past, they have made extraordinary progress in civil rights, the environment, child welfare, and other core issues. In Utah, the direct lobbying of the DLC and other advocacy organizations has led to fundamental changes in the way the state of Utah responds to citizens with disabilities.

Lobbying is central to nonprofit work in another way: It shapes the laws and regulations that govern the operation and evaluation of the nonprofit sector itself.

As local, state, and federal governments pass more legislation overseeing nonprofit activities, legislators need to hear from nonprofits about the crucial role the sector plays in their communities.

Make no mistake: Lobbying is grueling work. Nonprofits must do what they say they will do – everything from writing legislation to getting data to returning constituents’ phone calls. They must arrange positive press by visiting with local papers, generating letters to the editor, holding press conferences, and organizing public rallies.

They must stand around in uncomfortable shoes on marble floors for hours. They must not leave the scene of the action, even when they are exhausted and the sun is going down, for many bills pass or die late at night.

But many nonprofit advocates have learned to love lobbying, as did Andrew Riggle, a 31-year-old Utahn with cerebral palsy. Riggle coordinates the Disability Community Alliance, a Utah-based organization for people with developmental disabilities and their families. Armed with sound data and dozens of personal stories, Riggle tirelessly chased legislators and policymakers in his speedy wheelchair during the last session of the Utah state Legislature. In those 45 days he taught legislators not only about the needs of his constituency, but also about the abilities of people who move and speak differently from them. In the process, he convinced the state to allocate a recordbreaking amount of money to his cause.

As Riggle illustrates, when nonprofits lobby, they have a good chance of securing precisely the kinds of long-term, wideranging, and deeply meaningful changes that their mission statements embody. In so doing, they benefit both their clients and their organizations. Lobbying may take some getting used to, but it should be in every nonprofit’s toolbox.

1 Thomas R. Oliver, Philip R. Lee, and Helene L. Lipton, “A Political History of Medicare and Prescription Drug Coverage,” The Milbank Quarterly 82 (2004): 283-354.

READ THE FULL ARTICLE HERE: https://ssir.org/images/ articles/2007SP_feature_nelson.pdf MAY/JUNE 2021 35