November 24, 2017 Lawyer: Forest bill allows tribes to grab county power By DAN WHEAT Capital Press YAKIMA, Wash. — While intended to improve forest management to reduce the threat of wildfires, the Resil- ient Federal Forests Act also allows the federal government to supplant the voice of coun- ties with that of Indian tribes in managing some federal lands, a constitutional attor- ney says. “It’s a mystery to me why this passed out of the Repub- lican House with this lan- guage intact,” said George Wentz, a con- stitutional George lawyer and Wentz former Reagan administra- tion official. He spoke at the Washington Farm Bureau’s annual meeting in Yakima on Nov. 15. The act, HR 2936, which the House passed 232-188 on Nov. 1, includes a section allowing the secretary of the Interior or the secretary of Agriculture, at the request of a tribe, “to treat federal for- est land as Indian forest land for purposes of planning and conducting forest land man- agement” … if it “is located within, or mostly within, a geographic area that presents a feature or involves circum- stances principally relevant to that Indian Tribe.” This includes land ceded to the U.S. by treaty, federal land within a current or former res- ervation or land adjudicated to be tribal homelands. Authority is limited to planning and conducting management and “shall not be construed to designate feder- al forest land as Indian forest land,” the bill states. Currently, federal forest lands are under the dual ju- risdiction of counties and the federal government, said Wentz, a partner in Davillier Law Group in New Orleans and Sandpoint, Idaho. The bill removes county jurisdiction and replaces it with tribal jurisdiction at the discretion of one of the de- partment secretaries, he said. “With regard to planning, this would make the tribe the dominant party interacting with the Forest Service on land rather than the county. Think of the impact on issues like harvesting timber and water rights,” Wentz said. “This could be used, along with the Antiquities Act, to tie up vast areas of the West,” he said. “How does the federal government have the right or power to remove land within a county from the jurisdiction of the county and suddenly treat it as tribal land? People in the county have no voice in the decision to remove it.” Rep. Raul Labrador, R-Idaho, has said he will try to fix it in conference com- mittee with the Senate, “but there’s no certainty it can be fixed at that point and I can’t understand why 17 Republi- cans put it in there,” Wentz said. The bill was sponsored by Rep. Bruce Westerman, R-Ark., and co-sponsored by 16 Republicans and two Democrats. Republicans in- clude Reps. Cathy McMorris Rodgers and Dan Newhouse of Washington and Greg Walden of Oregon. Labrador, Newhouse and Walden did not respond to requests for comment. A McMorris Rodgers aide pointed to a Seattle Times op- ed piece by McMorris Rodg- ers and Jim Boyd, chairman of the Colville Confederated Tribes, written in 2015 after the bill passed the House the first time. They noted that summer’s fires burned 15 homes and 250,000 acres of tribal lands and said the bill “would grant authority to tribes to treat surrounding land like they do their own” for bet- ter management to prevent fires. CapitalPress.com 9 Industry leaders: Wheat crop one of the best By SEAN ELLIS Capital Press BOISE — Idaho’s wheat growers this year produced what many people are call- ing one of the state’s highest quality crops ever, if not the best ever. “In the 15 years I’ve been here, this is, in terms of quality, the best wheat I’ve seen statewide,” said Idaho Wheat Commission Execu- tive Director Blaine Jacob- son. “The whole state had a good crop.” That quality was excel- lent across the state is unique because growers in North and South Idaho grow dif- ferent classes of wheat for different markets, said Cathy Wilson, director of research collaboration for the IWC. “It was not the biggest crop but the quality was ex- ceptional,” she said. “There were very few discounts tak- en this year.” Idaho farmers produced Courtesy of “Genesee” Joe Anderson Hard red winter wheat is harvested on Joe Anderson’s farm in the Lewiston, Idaho, area. State wheat officials report an exceptionally high quality crop this year. 90.7 million bushels of wheat in 2017, which is 12 percent less than last year’s total of 102.8 million bush- els. A total of 1.1 million acres of wheat was harvested in the state this year, down slightly from 1.13 million acres last year. Yields aver- aged 82.2 bushels per acre statewide in 2017, down from last year’s record of 91.4 bushels. What Idaho’s wheat in- dustry lacked in total produc- tion in 2017 was made up for in quality, industry leaders and growers said. “Our harvest this year was generally pretty good. The quality was especially good,” said Jerry Brown, a southeast Idaho farmer. Yields were all over the board, but quality was su- perb, said “Genesee” Joe An- derson, a North Idaho grower. Problems in past years with quality such as falling num- ber scores, test weights and protein levels were not an is- sue this year, he said. “Everything we’ve had trouble with (in past years) is right where the customers want it this year,” Anderson said. Dennis Capson, a mer- chandiser for Scoular Co., a marketing company that spe- cializes in grain, said, “Over- all, especially the proteins of wheat in Idaho were fantastic this year.” During the IWC’s regular quarterly meeting last week, Columbia Grain Manager Brian Lorentz stressed to the commission’s grower board members how import- ant it is for them to continue to grow a consistently high quality crop. “We have the markets we have and we’re making the money we’re making currently because we have good quality wheat,” he said. “We’re not growing junk va- rieties.” The quality of the entire Pacific Northwest soft white wheat crop was great this year, said Steven Wirsching, vice president of U.S. Wheat Associates’ West Coast of- fice. “The soft white grain in the Pacific Northwest this year is really good quality,” he said. “Overall, it’s going to average a No. 1 grade.” Wirsching said the prob- lems some wheat farmers in the Pacific Northwest have had in recent years with fall- ing numbers scores didn’t materialize this year. “This year, falling num- bers is not a problem,” he said. “We just got good weather and good falling numbers to go with it.” Idaho Potato Commission takes steps to address quality concerns By JOHN O’CONNELL Capital Press FORT HALL, Idaho — The Idaho Potato Commission is collaborating with research- ers, major buyers, growers and shippers to address recent quality concerns about some of the state’s fresh potato ship- ments. Much of the discussion during IPC’s Nov. 14 Big Ida- ho Potato Harvest Meeting, hosted at the Shoshone-Ban- nock Hotel and Event Center, focused on the need to reduce bruising and other imperfec- tions in fresh shipments. IPC President and CEO Frank Muir explained the commission is partnering with Walmart and a major food ser- vice buyer to learn more about the causes of quality problems, in response to an increas- ing number of customer complaints since the 2015 harvest. Mike Muir said Thornton IPC also plans to conduct quality-improvement work- shops for growers and ship- pers, is developing a hand- book outlining best practices for handling potatoes and has commissioned University of Idaho potato researchers Nora Olsen and Mike Thornton to study the supply chain and de- termine causes of damage. “When you have a pre- mium brand, it has got to be backed up with premium qual- ity,” Muir said, after reading complaints from buyers left on social media and IPC’s voice mail. “We can’t rest on our laurels. We have got to always be improving.” Muir cited statistics show- ing rapidly growing demand for Idaho potatoes. Last season the state shipped a record vol- ume of fresh potatoes, up 12 percent from the prior year. He said he’d hate to see any per- ceived quality problems affect that growth trend. Armand Lobato, IPC’s food service and promotion director for the West, said he’s most concerned about cus- tomers who aren’t complain- ing but may simply shift their business. “For the most part, we’re pretty darned good, but if we’re at all tempted to com- promise that quality, that’s let- ting our opponent back in the game,” Lobato said. Olsen and Thornton start- ed their special project for the commission in August. The researchers gathered data during potato harvest using a ball with sensors to simulate bruising. They’ve also stud- ied reports from retailers who rejected Idaho potato ship- ments during 2016 to identify commonalities, and they have used their data to develop a list of 10 ways growers and shippers can reduce bruising. They advised the industry to take steps such as adding pad- ding to harvesting equipment, reducing the height from which potatoes fall within equipment, harvesting when soil conditions are appropriate and paying close attention to humidity and temperature in storage. The researchers plan to track several potato shipments from throughout the season, working closely with retailers and buyers and meeting ship- ments at their destinations to evaluate where problems may be occurring. “As the 2017 crop is shipped, we will go to distribu- tion centers and look at quality when it is shipped from Idaho and look at quality when it ar- rives,” Thornton said. Thornton believes ex- treme temperature fluctuations during recent harvests could be complicating matters. He also noted farms now harvest higher-yielding crops from far more acres. “We’re using bigger equip- ment,” Thornton said. “We’re pushing this crop harder and harder.” ROP-46-3-3/HOU