Capital Press Agriculture News Oregon

Linn County plan class action for state’s forestland management

SALEM — Linn County plans to seek more than $1.4 billion in damages in a class action suit against the state for breach of contract in management of forestland in 15 counties.

Linn County special counsel delivered a letter to Gov. Kate Brown and State Forester Doug Decker Wednesday to notify them of the county’s plan to file the suit after a mandatory 30-day waiting period.

Up to 150 local taxing districts that receive timber sales receipts from harvests from the Oregon Forest Trust Lands contract could be eligible join the suit. That includes schools, libraries, public safety agencies and other districts.

The other counties that benefit from the trust are Benton, Clackamas, Clatsop, Columbia, Coos, Douglas, Josephine, Klamath, Lane, Lincoln, Marion, Polk, Tillamook, and Washington.

“There have been general discussions and angst for years about the distribution formula and how counties have been deprived of revenue by state,” said attorney John DiLorenzo, who is representing Linn County in the suit. “It’s no surprise they’re not getting as much of a return from the arrangement as they should be.”

The 15 counties have contracted with the state since the 1930s to manage forestlands for the land’s “greatest permanent value.” Linn County and the state are at odds over the meaning of that term. The county claims that the term means greatest economic value allowable under state and federal regulations and that returns ought to match what a private land manager could glean off the land. The state in 1998 defined the term to mean economic, ecological, recreational and aesthetic returns and implemented a management plan based on that definition starting in 2000, DiLorenzo said.

Linn County estimates that the 150 local districts in the 15 counties have missed out on $35 million per year in revenue in the past 15 years from the state’s management of the forestland. That number is based on forest modeling, much of which was borrowed from the Department of Forestry, DiLorenzo

“All of those local districts in need of funding especially in the area of public safety,” he said. “Lives would be vastly improved if these monies were distributed to these districts.”

DiLorenzo and Linn County Commissioner Roger Nyquist declined to specify whether the county first approached DiLorenzo’s law firm, Davis Wright Tremaine, or whether the law firm approached the county to propose the class action suit.

DiLorenzo said the class action suit was “one of those perfect storms when everything came together.” He said he had been watching how the state had been managing the forestland. Meanwhile, timber counties had expressed growing contention over the state’s performance.

The Governor’s Office was not immediately available to comment.

Portland dock work wanes, but pay doesn’t

PORTLAND, Ore. (AP) — You work, you get paid. You don’t work, you still get paid.

It’s a deal that helped longshore union members at the Port of Portland collect more than a million dollars in salaries last year, even as cargo container traffic almost ground to a halt and workloads fell fast.

The longshore union has reaped the benefits for decades of a port-supported fund that pays members whether or not they work. During a lockout at the Port of Portland’s grain terminal in 2013, the fund paid $1 million over the course of a year — while no work was going on at all.

Terminal 6, Portland’s container port and the former lifeblood of the state’s small and medium-sized exporting industry, now receives a single ship per month. Between April and July, the container terminal had no work at all.

Elvis Ganda, the head of terminal operator ICTSI Oregon, said the company hires for just 30 eight-hour shifts a month now — down from 500 jobs a week before February. That means longshore workers are doing 1 percent of the work they were doing before.

But dock worker pay at the Port of Portland barely took a hit. The International Longshore and Warehouse Union has a pay guarantee plan that assures many longshore workers will be paid for nearly a full week of work at nearly four times minimum wage, regardless of how much work there is to do.

Union advocates say the plan gives members financial certainty in a business that can ebb and flow over time.

But critics of the longshore union say the plan is why union members aren’t working with the port operator to bring shipping lines back to Terminal 6. “It’s not much incentive to go back to work,” Ganda said.

Without the union on board, port officials say bringing Portland’s direct ties to Asia and Europe back is a hard sell. Greg Borossay, a general manager of the Port’s marine trade development, said that ongoing litigation between the Port of Portland, the union and ICTSI Oregon doesn’t necessarily need to be resolved to bring interested carriers back, but a workforce with a history of slowdowns could hurt Terminal 6’s chances.

“It would certainly be helpful if the labor issue could be fully resolved,” Borossay said at an Oregon Board of Agriculture meeting in December.

The Portland chapter of the union has been found guilty by the federal labor board and judges several times in the past few years of intentionally slowing work on the docks at the container terminal, making threats to ICTSI Oregon officials and other unfair labor practices. Hanjin Shipping Co. and Hapag-Lloyd both stopped calling at Terminal 6 in the midst of a West Coast-wide slowdown, but the Port or Portland issue started before and likely will continue long after other ports are back to normal.

The International Longshore and Warehouse Union did not respond to repeated requests for comment. In 2013, a union spokeswoman said the pay guarantee plan is necessary for workers who have families and mortgages to survive during disagreements with the port.

The Pacific Maritime Association, which represents 29 West Coast container port operators, maintains the pay guarantee fund and each port contributes based on the tons of cargo going in and out. That means the ports in the Puget Sound and in Los Angeles are heavily subsidizing the lack of work in Portland.

In 2014, the fund paid out just over $600,000 to Oregon longshore workers in total, with Portland workers averaging less than one day of pay without work over the year, according to the Pacific Maritime Association’s annual report.

Last year, the 426 eligible longshore workers in Portland exceeded that total by August. The full 2015 tally will be released in a few weeks, and will likely climb much higher than the $1.2 million figure racked up as of the end of September.

Longshore workers are hired in batches, when a ship is pulling into port. They load and unload containers, which are then sent by truck, train or barge elsewhere to be filled and returned.

Usually, unions use members’ dues to create their own contingency funds for strikes and downtimes. The ILWU negotiated the pay guarantee fund into its contract with the port operators as early as 1971, according to previous reporting from The Oregonian/OregonLive.

There are three classes of longshore workers who can receive money from the pay guarantee plan. When 2015 started, the highest class, Class A, could earn up to 38 hours of pay at a rate of $35.68 per hour — $1,355.84 per week. Under a newly struck contract, Class A workers are now eligible for 40 hours of pay, regardless of available shifts.

Many longshore workers make six-figure salaries with a busy port, so the $70,000 yearly wage of the pay guarantee plan is a drastic cut.

Some of the longshore workers are likely commuting to Seattle and Tacoma ports, which are much larger and busier. The pay guarantee plan numbers indicate that many are staying in the Portland region, even though no other port or terminal has filled the void left by Terminal 6.

“That work is not being shifted anywhere else in the Columbia River region,” Ganda said. “No one is adding those kinds of man hours to this port.”

While the rest of Oregon grew, Harney County flat-lined

Southeast Oregon’s Harney County, the scene of the militia takeover that brought the area national media attention, has been economically stagnant for nearly 40 years.

Residents and elected officials who represent the area say that’s the reality at the root of the area’s muted support for the takeover, even as they disavow the militia’s tactics.

While the rest of the state increased jobs 74 percent since the late 1970s, the number of jobs in Harney County dropped by 10 percent, according to a study by the Oregon Office of Economic Analysis.

The county has lost 99 percent of its wood products jobs since 1978, dropping from 768 then to six in 2014, analyst Josh Lehnersaid in a new report.

“Relative to the late 1970s — just before the state went into the severe early ‘80s recession and timber industry restructuring — the number of jobs today in Harney County is 10 percent below back then,” Lehner said. “Clearly, that is a really long time with essentially no growth.”

Harney County residents know that first-hand.

County Judge Steven Grasty said there is a “feeling of despair” in the county due to job losses. Federal and state agencies, primarily the Bureau of Land Management, manage about 75 percent of the land in the county. Those agencies are so locked into process and so fearful of lawsuits from environmental groups that they become paralyzed and do no management at all, Grasty said.

As a result, many residents are no longer able to depend on logging, mill or ranching work to sustain themselves.

“We believe the wealth of a nation is based on its natural resources,” he said. “We’ve lost access to natural resources, in particular, timber.

“Our community wants to be good stewards of the land,” Grasty said. “When we managed the land it looked better than when the BLM does it. Because of rules and pressure from special interest groups, it forces them to focus on single (wildlife) species and spend their dollars on planning rather than on the ground.”

The decline of Pacific Northwest timber industry is an old story, but rural residents point out that nothing has replaced it, economically. The government’s role is borne out by statistics: In Oregon, the federal government manages 60 percent of the state’s forestland but produces only 12 percent of annual timber harvest, according to the Oregon Forest Resources Institute.

Harney County’s population stood at 7,126 in 2014, a 4 percent drop since the 2010 U.S. Census. Since 1980, when the population was 8,314 and the job losses began, the county has lost nearly 1,200 people.

Those remaining represent an aging demographic, as young people seek opportunity elsewhere. As of 2014, 22 percent of county residents were 65 or older, compared to 16 percent statewide.

The county unemployment rate was 7.3 percent in November 2015, compared to the statewide average of 5.7 percent.

Bill Wilber, a retired rancher in Harney County, said a drumbeat of government action or proposals involving the federal EPA, BLM, state Department of Environmental Quality, sage grouse, “waters of the U.S.” and other issues is tough for residents to take.

“It’s continued rules and regulations that do everything to make it more difficult to make a living, to pay your bills educate your kids, pay your mortgage and lead a good life.” Wilber said.

State Rep. Cliff Bentz, R-Ontario, whose district includes Harney County, said the actions of the “Bundy bunglers” who took over the wildlife refuge should not diminish the “incredible problems” that dog rural residents.

Bentz said the Forest Service spends its budget fighting fires instead of preparing timber sales, and the BLM creates “study after study” and “haystacks of regulation” in anticipation of litigation. The complexity of management rules becomes “crazily exaggerated,” he said.

“Pretty soon nothing happens because the land managers are so busy trying to create a plan that’s bulletproof, and fail,” he said.

Meanwhile, struggling rural business owners are faced with such things as a state proposal to raise the minimum wage, Bentz said. Businesses operating in larger cities may be able to absorb the increase, but in rural Oregon, only businesses that are part of national chains will be able to pay it.

He said the small town of Halfway, in Baker County, needs $4 million to build a sewage treatment plant as required under the federal Clean Water Act, but has no way to afford it.

Grasty, the Harney County judge, said economic problems in rural areas have ripple effects that might not be noticed elsewhere. If a ranch goes out of business, for example, the local firefighting association loses someone who’s out on the ground and can spot problems early, he said.

Grasty said he’s trying to put together an economic strategy for the county.

“People are so frustrated that they’re slowly being undermined out of existence,” he said. “We’re not being heard. We’re listened to, but not heard.”

Armed group calls meeting to talk with Oregon community

PORTLAND, Ore. (AP) — The armed activists occupying a national wildlife refuge in southeastern Oregon said Tuesday that they plan to hold a community meeting this week to explain themselves and inform residents when they will leave.

A member of the anti-government group told reporters that the meeting will be held Friday evening in Burns, 30 miles from the Malheur National Wildlife Refuge, The Oregonian newspaper reported.

Arizona rancher Robert “LaVoy” Finicum said the location has yet to be determined. He said “there should be a dialogue” but declined to give any specifics about the group’s exit plans.

The small group is under pressure from many locals to end the occupation that began Jan. 2. The activists are there to oppose federal land-management policies.

Ammon Bundy, the group’s leader, has previously said the group would not leave until a plan was in place to turn over federal lands to local authorities. They also want the release of Dwight and Steven Hammond, father-and-son ranchers convicted of arson who returned to prison last week to serve longer sentences.

The Hammonds’ case set off the occupation, but they have distanced themselves from the activists.

Federal, state and local law enforcement are monitoring the occupation but have not taken action. Officials with the Harney County Joint Information Center declined to comment because of the ongoing investigation.

The group tore down a stretch of government-erected fence near the refuge Monday to give a local rancher access to the range. The armed men also have accessed government files and equipment.

At a community meeting that hundreds attended that night, Harney County residents repeatedly asked the group to leave. They included a Burns High School freshman, who got a standing ovation from the crowd.

“And I just want them to go home so I can feel safe and I can feel like it is home again,” 15-year-old Ashlie Presley said with tears in her eyes, referring to the armed men. “I shouldn’t have to be scared in my own hometown.”

But some residents also said they share the activists’ frustration with the federal government — though they don’t agree with their tactics.

That same frustration was also at the heart of a message about the refuge occupation delivered by Republican Oregon Congressman Greg Walden on the U.S. House floor last week. The speech by Walden, whose district includes Harney County, has gone viral online.

Walden told the AP on Monday that while he does not condone the occupation, the armed men “have elevated the knowledge of frustration people feel in this high desert county.”

Walden said that frustration stems from constant pressure by environmental groups who want to leave public land untouched and from the arrogance exhibited by some federal government bureaucrats who don’t follow the law and disregard the opinions of residents in the rural region.

“Western culture, it’s being threatened,” Walden said.

Ag groups hold labor conferences

YAKIMA, Wash. — Agricultural labor conferences abound in Central Washington and one is set in Oregon in the next few weeks.

First up is Washington Growers League’s annual meeting and labor conference, Jan. 26, at the Yakima Convention Center.

Craig Regelbrugge, senior vice president of AmericanHort, Washington, D.C., is among top speakers. AmericanHort formed two years ago from the consolidation of the American Nursery & Landscape Association and the Association of Horticultural Professionals.

Regelbrugge previously was vice president of government relations for ANLA and was co-chairman of the Agricultural Coalition for Immigration Reform in 2013.

Kerry Scott, a program manager for Mas Labor, a foreign worker provider in Lovingston, Va., and Brendan Monahan, a labor and agriculture attorney with Stokes Lawrence law firm, Yakima, also will speak.

The conference is from 8 a.m. to 2:30 p.m. at the Yakima Convention Center. Registration and agenda: www.growersleague.org.

“We have a growing industry and along with it growing demand for labor,” said Mike Gempler, the league’s executive director in Yakima.

While H-2A-visa foreign guestworkers are helping seasonal labor supply, it still is tight and declining and qualified people are hard to find, Gempler said. It’s essential to look at the situation strategically and plan for the future, he said.

Immigration reform and how to deal with efforts by organized labor and foreign governments to place conditions on use of foreign labor will be discussed.

WAFLA, formerly known as the Washington Farm Labor Association, will hold workforce summits from 10 a.m. to 2 p.m. Jan. 26 at the Clackamas County Event Center in Canby, Ore., and at Central Washington University in Ellensburg, Wash., Jan. 28. The summits focus on how seasonal employers can use the federal H-2A program. WAFLA is a provider. Housing, transportation, recruitment, wages and other aspects of the program will be explained.

WAFLA’s annual labor conference will be at CWU, Feb. 18. Immigration the Affordable Care Act, rest break pay for piece rate workers and proposals to increase the state’s minimum wage will be discussed. For more information on that and the workforce summits: www.wafla.org.

Armed group says it has accessed government files at refuge

BURNS, Ore. (AP) — The leader of a small, armed group occupying a national wildlife refuge in southeastern Oregon said Monday he and his followers are going through government documents stored inside refuge buildings.

Ammon Bundy told reporters the documents will be used to “expose” how the government has discriminated against local ranchers who use federal land for cattle grazing.

Bundy said the documents would also help secure the release of Steven and Dwight Hammond, two area ranchers convicted of arson who returned to prison last week to serve longer sentences. The Hammonds’ case set off the occupation of the Burns-area refuge on Jan. 2.

Bundy said his group is not accessing government computers at the Malheur National Wildlife Refuge, including personnel files.

After the news conference, the group drove in a convoy to a ranch near the refuge and tore down a stretch of government-erected fence. The goal, according to the armed men, was to give the rancher access to the range that had been blocked for years. It’s not clear where the fence was located or which rancher sought the group’s help.

The refuge is administered by the U.S. Fish and Wildlife Service. Spokesman Jason Holm said because the documents and files at the refuge may have personally identifiable information, the agency “is taking necessary steps to ensure employee and family safety.”

The agency strongly condemned the destruction of the fence and said the action undermines hard-earned conservation impacts achieved in the area.

“Removing fences, damaging any Refuge property, or unauthorized use of equipment would be additional unlawful actions by the illegal occupiers,” Fish and Wildlife said in a statement. “Any movement of cattle onto the Refuge or other activities that are not specifically authorized by USFWS constitutes trespassing.”

Sixteen full-time employees and one part time employee usually work at the refuge, Holm said. Some who can’t work away from the refuge have taken administrative leave, while others are working from home or another office.

In Burns, about 30 miles from the refuge, schools reopened after being canceled for a week over safety concerns due to the refuge standoff.

Government offices in the area remained closed, including those of the Bureau of Land Management. BLM spokesman Randy Eardley said about 60 BLM employees were working from home.

“There is a very clear threat to BLM employees,” Eardley said, but he did not cite any specific threats.

Harney County Sheriff Dave Ward said at a community meeting Monday night that members of the armed group have been harassing law enforcement officers and U.S. Fish and Wildlife employees as they go about their business in the community.

He said officers and employees have reported being followed to their homes and observed while inside and that self-identified “militia members” have tried to engage them in debates about their status as federal employees.

Ward said law enforcement at every level “will not be intimidated from doing their jobs.”

Ward told community members, “there’s an hour glass and it’s running out,” The Oregonian reported.

Federal, state and local law enforcement officials are monitoring the occupation but have not taken any action.

The county sheriff and many locals have asked that Bundy and his group leave. But Bundy says he is not ready to go.

Ammon Bundy called his group’s occupation of the refuge “peaceful” and said the armed men would not leave until the Hammonds are out of prison and abuses against ranchers are exposed. Bundy called the occupation a “moral and righteous stand for the future of this country.”

A man representing hunters and anglers, who arrived in Oregon from New Mexico this weekend, condemned the Bundy group at the earlier news conference.

“What I see is a lunatic fringe of extremists who have taken my land over,” said New Mexico Wildlife Federation executive director Garrett VeneKlasen. The group represents sportsmen, including hunters and anglers.

Ammon Bundy is a son of Cliven Bundy, a Nevada rancher who was at the center of a tense standoff with federal officials in 2014 over unpaid grazing fees.

Oregon expects to issue new industrial hemp licenses this winter

The Oregon Department of Agriculture expects to resume issuing licenses to grow industrial hemp in 2016 by the end of February, but some problems continue to dog the new crop.

The state issued 11 hemp licenses in 2015 before cutting off the process in August. Nine of the licensees planted a crop and three harvested a product, said Lindsay Eng, ODA’s program manager. But the crops of two other growers, one in Grants Pass and one in Bend, are embargoed because the plants exceeded the .3 percent THC limit required under state law, Eng said. The crops will have to be destroyed or remediated in some way, she said, perhaps by using the plant stalks without the flowers or seeds.

Industrial hemp is related to marijuana, but doesn’t contain nearly the level of THC, the chemical compound that makes pot users high.

Instead, advocates say industrial hemp fiber and oil can be used to make clothing, food, rope, cosmetics, plastics and other products. They’ve long said hemp could replace cotton or petroleum in some uses.

Ag researchers say some conventional farmers might eventually be interested in growing hemp as a rotational crop, but for now the market appears to involve small-scale farmers who want to process hemp themselves to make lotions or other products.

Eng said details in Oregon’s hemp law may need tweaking by the Legislature when it meets in February. A section requiring 2.5-acre hemp plots causes some growers problems, as does a requirement that the plants be directly seeded instead of started in greenhouse pots. In addition, it’s hard to obtain seed, Eng said. Canada is the most common source.

Oregon State University has asked the federal Drug Enforcement Agency for permission to import hemp seed and conduct basic crop research. Jay Stratton Noller, head of OSU’s Department of Crop and Soil Science, said he anticipates the DEA will approve the request and test plots could be planted in April. Three to five years of experiments would be necessary for OSU to produce useful data for growers, he said.

Researchers are starting from scratch because hemp germ plasm had to be destroyed in the 1970s when the federal controlled substances act classified hemp the same as pot and other drugs, Noller said.

Noller said hemp was a viable crop in the past and is grown around the world. In the U.S., the first American flag was made of hemp, Noller said.

“In terms of the number of uses, it obviously buoys a lot of people’s optimism,” he said. “Farmers are always looking for an alternative crop: One, for rotation, and two, for the alternative markets.

“The enthusiasm is not hyperbolic,” he said.

The Oregon Legislature legalized hemp cultivation in 2009, but the law wasn’t implemented because the U.S. Department of Justice classified hemp the same as marijuana. The federal classification remains, but the justice department has said it won’t interfere with hemp production in states that have adopted a robust regulatory system. Industrial hemp was included in the November 2014 Oregon ballot measure that legalized recreational marijuana use, possession and cultivation, and the state issued the first hemp licenses as a result.

Okanogan Farm Bureau leader: Treatment of Hammonds ‘outrageous, hypocritical’

OKANOGAN, Wash. — It’s “outrageous and hypocritical” that the federal government imprisoned two Oregon ranchers for a backburn that got away from them and burned a little over 100 acres of public land while federal and state agencies backburned thousands of acres of private land in Okanogan County last summer and were not held accountable, the president of the Okanogan County Farm Bureau says.

“My definition of homeland security is America’s ability to feed itself. There is nothing more important. America has to stop the war on agriculture,” said Nicole Kuchenbuch, 36, Okanogan County Farm Bureau president.

“If this nation’s farmers and ranchers are forced out of business, America has succeeded in staging her own famine,” Kuchenbuch said.

“The media tendency is to turn things into racial or socio-economic issues and vilify ranchers as a bunch of ignorant honkies. It’s important to realize the American government is oppressive to all colors of people and everyone just wants to be free, healthy and prosperous,” she said.

Incidents like ranchers and militia occupying a seasonally closed national wildlife refuge near Burns, Ore., happen when people feel so “abused” by government that “they feel they have no other choice,” Kuchenbuch said.

“I don’t agree with having a standoff, but they captured the attention of the United States,” she said.

The re-sentencing of Harney County, Ore., ranchers Dwight and Steven Hammond to five years in prison is just one of many examples throughout ranching areas of the West in the last several decades of the heavy handedness of federal agencies in acquiring more land and squeezing out ranches to satisfy environmentalists who want a national park from the Yukon to Yellowstone, Kuchenbuch said.

It’s not coincidence that agencies have bought many Okanogan County ranches and that there have been problems between the government and ranchers in Nevada and other Western states, she said.

“We believe they are systematically squeezing us out. They use every means possible. Direct buyouts, conservation easements, fire, sage grouse and wolves. The Endangered Species Act. Sometimes they pay 10 times the market value and every parcel sold jeopardizes those left,” Kuchenbuch said.

“We do not trust that they will leave people alone, as witnessed with the Hammond family,” she said.

A couple dozen ranches have been burned out by wildfires that burned more than 1 million acres of Okanogan County in the past two summers. State and federal grazing allotments cover 50 to 80 percent of that, Jack Field, executive vice president of the Washington Cattlemen’s Association, has said. Ranchers are hard-pressed to find grazing land. One-third of 600,000 acres burned in the Okanogan, Tunk Block and North Star fires in 2015 was caused by agency backburning, Okanogan County Commissioner Jim DeTro has said.

Ranches in several parts of the county lost private timber, grazing grounds, hay, barns and equipment to agency backburning that ranchers opposed.

Kuchenbuch, her husband, Casey, and her father, Rod Haeberle, fought a fire alongside firefighters on their ranch last summer and begged them not to backburn 1,000 acres of their private land.

The agency did it anyway to protect homes but jeopardizing people and livestock and destroying Haeberle Ranch timber, miles of fencing, the family’s mountain cabin and a set of corrals.

“We were told afterward that there is no restitution for our losses,” Kuchenbuch said.

Backburning is so touchy that agencies don’t talk about it on their radios, rather commands are given in person, she said.

The homes could have been protected had the USFS allowed the Kuchenbuchs and Gebbers Farms to continue building a firebreak from private ranch land onto USFS property, she said. But the agency never fought the fire offensively, only defended homes, she said.

Protecting towns was the priority and fire resources were spread so thin that rural residents were left to fend for themselves in many places, she said.

When that happens, they don’t have time to wonder whether a backburn they do or other efforts are legal, she said.

“We are forced to defend ourselves in any manner we know. If the Hammonds (in Oregon) are arson-terrorists, then so were a whole lot of people up here including the agencies and civilians who did whatever they needed to save their property,” she said.

“It’s hypocritical for the government to employ the same practices they convicted the Hammonds of,” she said. The Hammonds, who have already served sentences in jail, should be pardoned, she said.

“The law needs to be fixed,” she said. “So they don’t make common citizens into criminals.”

Oregon standoff enters its second week

BURNS, Ore. (AP) — The occupation of national wildlife area by a small, armed group upset over federal land policies stretched into its second week as the mother of the group’s leader asked supporters to send supplies — everything from warm blankets to coffee creamer.

The group that seized the Malheur National Wildlife Refuge in Oregon’s high desert country on Jan. 2 planned no media briefings. It was quiet at the entrance to the refuge Sunday.

The leader of the occupation, Ammon Bundy, has repeatedly rejected calls to leave buildings at the refuge despite pleas from the county sheriff, from many local residents and from Oregon’s governor, among others. He has said the group will leave when there is a plan to transfer control of federal land to locals.

So far, the authorities have not moved in to remove Bundy’s group. Ammon Bundy is the son of rancher Cliven Bundy, who was involved in a 2014 Nevada standoff with the government over grazing rights.

On Saturday, Ammon Bundy’s mother, Carol Bundy, sent an email to supporters asking them to send her son’s group supplies from a list of more than 80 items, including sleeping bags, wool socks, cigarettes, toiletries, food, coffee and “French Vanilla Creamer.”

An Oregon state legislator met with the group on Saturday, despite requests from local officials that he not do so.

Rep. Dallas Heard, a Republican from Roseburg, talked with the group, The Oregonian reported. Heard’s legislative district is in western Oregon, outside the area where the standoff is occurring. Rep. Cliff Bentz, the Republican state representative whose district includes the wildlife refuge, told Heard not to come because it would be “inappropriate.”

Harney County Judge Steven Grasty, another local official, says he too advised Bentz against the visit. Grasty said Bentz and five other out-of-state elected officials from Washington, Idaho and Nevada accompanied Heard. It wasn’t clear who the other elected officials were. Heard did not return a call Sunday from The Associated Press.

Also Saturday a separate group of armed men arrived but left several hours later after occupation leaders told them they weren’t needed.

The Pacific Patriot Network showed up Saturday in a convoy of about 18 vehicles, carrying rifles and handguns and dressed in military attire and bulletproof vests. They said they were there to help with security. They departed the refuge area after LaVoy Finicum said the network’s help was appreciated, but “we want the long guns put away.”

The standoff is the latest flare up of tensions over federal management of Western lands.

The federal government manages most of the land in many Western states, including 53 percent of Oregon. While ranchers and others object to what they say are unfair rules, environmentalists say mining, logging and ranching have run roughshod for decades on public land and left a legacy of pollution for taxpayers to clean up.

Armed group not ready to end wildlife refuge occupation

BURNS, Ore. (AP) — The leader of an armed group occupying a national wildlife refuge to protest federal land management policies said he and his followers are not ready to leave even though the sheriff and many locals say the group has overstayed its welcome.

On Friday, Ammon Bundy, leader of the group that on Jan. 2 seized the headquarters of the refuge in southeastern Oregon, said: “How long will this go on? We say to you, ‘Not a minute too early.’”

Bundy met Thursday with Harney County Sheriff David Ward, who asked Bundy to heed the will of locals and leave the Malheur National Wildlife Refuge. Ward also offered to escort Bundy and his group out of the refuge to ensure safe passage.

“We will take that offer,” Bundy said on Friday. “But not yet.”

A few hours later, Ward said via Twitter that because of Bundy’s stance he was calling off plans to have another meeting with him.

“During this morning’s press conference, the people on the Malheur National Wildlife Refuge made it clear that they have no intention of honoring the sheriff’s request to leave. Because of that, there are no planned meetings or calls at this time,” Ward said.

But Ward said he is “keeping all options open.”

About the same time, members of another armed group known as the 3% of Idaho began arriving at the bird sanctuary, The Oregonian reported.

“They just keep an eye on everything that is going on to make sure nothing stupid happens,” Bundy told The Oregonian on Friday afternoon outside refuge headquarters.

“If they weren’t here,” Bundy said, referring to the Idaho group, “I’d worry” about a Waco, Texas-style siege by federal officials in the early 1990s.

Spokesmen for the Idaho group said they are there to keep the situation peaceful and reassure the community that it isn’t in danger.

Bundy’s group — calling itself Citizens for Constitutional Freedom — comes from as far away as Arizona and Michigan.

Bundy’s protest at the refuge is a continuation of long-running arguments that federal policies for management of public lands in the West are harming ranchers and other locals. Bundy is the son of Cliven Bundy, a Nevada rancher who in 2014 was at the center of a tense standoff with federal officials over grazing rights.

Ammon Bundy has been demanding that federal land in Oregon’s Harney County be turned over to local residents to be managed.

Oregon Gov. Kate Brown on Thursday called the occupation of the wildlife refuge “unlawful” and said it had to end.

“It was instigated by outsiders whose tactics we Oregonians don’t agree with. Those individuals illegally occupying the Malheur Wildlife Refuge need to decamp immediately and be held accountable,” she said.

Federal, state and local law authorities have been closely monitoring the situation at the refuge but have so far taken no action against Bundy and his followers, apparently to avoid a confrontation. Ward has been the most visible law enforcement authority during the occupation, and his strategy so far has been to try to show Bundy that locals oppose the occupation and want them to leave.

Ward got a lot of support during a packed community meeting Wednesday night.

At that meeting, local residents said they sympathized with the armed group’s complaints about federal land management but disagreed with their tactics and called Bundy and his followers to leave.

Bundy initially came to Burns to rally support for two local ranchers who were sentenced to prison on arson charges. The ranchers — Dwight Hammond and his son Steven Hammond — distanced themselves from Bundy’s group and reported to prison Monday.

The Hammonds were convicted of arson three years ago and served no more than a year. A judge later ruled that the terms fell short of minimum sentences requiring them to serve about four more years.

Farmer announces expansion of Boardman brewery

By his own description, Eastern Oregon farmer Craig Coleman doesn’t like to get bored. So in addition to growing blueberries, hay, field corn and cut flowers — not to mention renting ground to a potato farmer – he and several partners decided to open a brewery in Boardman.

“Why not?” he said. “The way I look at things is, if we can do one, why not do 10?”

Ordnance Brewing, named for the ghost town across the highway from the defunct Umatilla Chemical Depot that once housed the deadly agents used in chemical weapons, opened for business around Halloween 2014 and this month announced a major expansion.

The brewery, in the Port of Morrow, will jump production from seven barrels per brewing cycle to 50. For perspective, one barrel equals 31 gallons. The company now produces two or three brews per week, head brewer Logan Mayfield said. Production eventually will increase to six or eight brews per day, he said.

The company will focus on producing four types of beer in cans and bottles: A Rye Pale Ale; an India Pale Ale called FMJ, for Full Metal Jacket; Rivercrest Kolsch, a German-style light lager; and an English-style ale called “Old Craig,” named after Coleman, the farmer. Ordnance will make seasonal beers as well. Mayfield, the brewer, jokingly described some of the company’s offerings as “lawnmower beer,” meaning the type you’d drink after yard work.

“I believe we have a very solid product,” said Coleman. “Is it the greatest beer in the world? Probably not, but we make good beer.”

Coleman is Ordnance’s manager; other partners keep the books, own the brewery building, oversee taphouses that serve the company’s beer and have other roles. Coleman hired Mayfield, originally from Ashland, to do the brewing.

Coleman previously farmed with his extended family in the Willamette Valley, but moved to Eastern Oregon to do something different.

“It was time for a change,” he said. “The business was maturing and it’s not as fun as when your hair is on fire.”

He and partners first opened a couple taphouses that served beer, then decided to up their game and make beer themselves.

Ordnance uses some of Coleman’s blueberries in one of its beer, and buys hops from the Willamette Valley and barley from Idaho. Coleman and Mayfield said they’re looking to use more local ingredients as the business develops.

In its promotional material, Ordnance describes itself as “smack dab in a beer desert,” with very few other breweries operating between Hood River and Pendleton.

An industry group, Oregon Craft Beer, said the state had 234 breweries in 72 cities as of July 2015. Of those, 91 are in the Portland metro area, which some in the industry have taken to calling “Beervana.”

Craft beer brewing, like wine before it and hard cider now coming on, has proven to be a hot economic sector in Oregon. Brewers produced 1.6 million barrels in 2014, a 17 percent increase over the previous year. Craft beer made in Oregon now accounts for 20 percent of the beer consumed in the state, according to the industry group.

Coleman, the Ordnance manager, said the business is in “great spot” geographically and market-wise.

“What I’ve found is, the more questions you ask, the more doors open,” he said. “We’ve been lucky. We have great people around us. The opportunities are out there if you’re willing to capitalize on them.”

Sheriff asks Bundy, followers to leave

BURNS, Ore. (AP) — Three Oregon sheriffs met Thursday with the leader of an armed group occupying a federal wildlife refuge and asked them to leave, after residents made it clear they wanted them to go home.

Harney County Sheriff David Ward said via Twitter that he asked Ammon Bundy to respect the wishes of residents. He said sheriffs from two other counties were with him.

Ward said the two sides planned to talk again Friday.

The Oregonian reported that Ward offered to provide Bundy and his group a safe escort out of the refuge.

“I’m here to offer safe escort out,” the newspaper reported the sheriff telling Bundy. “Go back and kick it around with your folks.”

On Wednesday night, residents attended a community meeting to air their views about the two dozen or so armed men hold up at the headquarters of the Malheur National Wildlife Refuge south of Burns.

Locals said they sympathized with the armed group’s complaints about federal land management policies but disagreed with their tactics.

On Thursday, LaVoy Finicum, a leader of the armed group, told reporters, “We want all people to be safe. We want all law enforcement to be safe. We want our lives to be safe.”

Ward said he hoped residents would put up a united front to peacefully resolve the conflict with the group.

“I’m here today to ask those folks to go home and let us get back to our lives,” Ward said.

Schools were closed following the seizure of the refuge because of safety concerns in the small town in eastern Oregon’s high desert.

The group, calling itself Citizens for Constitutional Freedom, says it wants an inquiry into whether the government is forcing ranchers off their land. Participants came from as far away as Arizona and Michigan.

Bundy came to Burns to rally support for two local ranchers who were sentenced to prison on arson charges. The ranchers — Dwight Hammond and his son Steven Hammond — distanced themselves from Bundy’s group and reported to prison on Monday.

The Hammonds were convicted of arson three years ago and served no more than a year. A judge later ruled that the terms fell short of minimum sentences requiring them to serve about four more years.

Oregon farm regulators approve dairy expansions

Oregon farm regulators have cleared the expansion of four dairies classified as “confined animal feeding operations” over the objections of vegans and animal welfare proponents.

Earlier this year, five dairies requested that the Oregon Department of Agriculture approved changes to their waste management plans, with four those facilities seeking to increase their herds.

While such requests are usually routine, the expansion proposals attracted the attention of critics who complained the larger dairies will increase pollution, harm air quality, spur more antibiotic usage and lead to animal welfare abuses.

Many of these objections were heard during an ODA public meeting in September 2015, and critics also submitted written comments about the modified plans.

In a response to comments, ODA explained that it’s role is limited to water quality concerns. Complaints about air quality, animal welfare and antibiotic usage are outside its jurisdiction in enforcing the federal Clean Water Act.

“Most of the comments were not pertinent to our permit,” said Wym Matthews, manager of the agency’s CAFO program, noting that this fact probably won’t appease critics. “They probably will not be happy with our response.”

However, the agency will impose new conditions on the five dairies, which are located in Tillamook, Marion, Coos and Klamath counties.

In fields where manure is applied, the dairies will have to test soil nutrients annually instead of every five years. Those tests must also specifically check the soil’s nitrate levels, in addition to total nitrogen and phosphorous levels.

Dairies were previously required to only check for total nitrogen and phosphorous, but they must now break out nitrates because federal standards set limits for that particular soluble nutrient in drinking water, said Matthews.

While these conditions will currently apply only to the five dairies that requested waste management plan changes, ODA is in the process of updating its overall Clean Water Act permit for CAFOs, which will require other facilities to also comply with these measures later in 2016, he said.

Friends of Family Farmers, a non-profit group that submitted comments about water quality concerns, is heartened that soil tests will check specifically for nitrates and that samples will now be taken more frequently, which is aimed at preventing excessive nutrient buildup.

“Those were all issues we had flagged. We were making sure they weren’t engaged in a rubber-stamp exercise,” said Ivan Maluski, the group’s policy director. “I think it’s encouraging they included our suggestions.”

Any new regulatory requirements create challenges for dairies, particularly smaller ones without many employees, but producers tend to be agile in meeting such standards, said Tammy Dennee, assistant director of the Oregon Dairy Farmers Association,

As for the controversy over the expansions, Dennee said it’s hard to say whether to expect similar objections in the future.

“Unfortunately, it was much to do about very little,” she said.

Cheers for sheriff who tells armed group to ‘go home’

BURNS, Ore. (AP) — Cheers erupted at a packed community meeting in rural Oregon when a sheriff said it was time for a small, armed group occupying a national wildlife refuge to “pick up and go home.”

The group objecting to federal land policy seized buildings at the Malheur National Wildlife Refuge on Saturday. Authorities have not yet moved to remove the group of roughly two dozen people, some from as far away as Arizona and Michigan. The group also objects to a lengthy prison sentence for two local ranchers convicted of arson.

“I’m here today to ask those folks to go home and let us get back to our lives,” Harney County Sheriff David Ward said Wednesday evening.

Schools were closed following the seizure of the refuge because of safety concerns in this small town in eastern Oregon’s high desert country and tensions have risen. Ward told the hundreds gathered at the meeting he hoped the community would put up a “united front” to peacefully resolve the conflict.

Group leader Ammon Bundy has told reporters they will leave when there’s a plan in place to turn over federal lands to locals.

Several people spoke in support of Bundy and his followers at Wednesday’s meeting.

“They are waking people up,” said 80-year-old Merlin Rupp, a long-time local resident. “They are just making a statement for us, to wake us up.”

Earlier Wednesday the leader of an American Indian tribe that regards the preserve as sacred issued a rebuke to Ammon’s group, saying they are not welcome at the snowy bird sanctuary and must leave.

“The protesters have no right to this land. It belongs to the native people who live here,” Burns Paiute Tribal leader Charlotte Rodrique said.

Bundy is demanding that the refuge be handed over to locals.

Rodrique said she “had to laugh” at the demand, because she knew Bundy was not talking about giving the land to the tribe.

The standoff in rural Oregon is a continuation of a long-running dispute over federal policies covering the use of public lands, including grazing. The federal government controls about half of all land in the West. For example, it owns 53 percent of Oregon, 85 percent of Nevada and 66 percent of Utah, according to the Congressional Research Service.

The Bundy family is among many people in the West who contend local officials could do a better job of managing public lands than the federal government.

The argument is rejected by those who say the U.S. government is better equipped to manage public lands for all those who want to make use of them.

Among those groups are Native Americans.

The Burns Paiute tribe has guaranteed access to the refuge for activities that are important to their culture, including gathering a plant used for making traditional baskets and seeds that are used for making bread. The tribe also hunts and fishes there.

Rodrique said the armed occupiers are “desecrating one of our sacred sites” with their presence at refuge.

Bundy’s group, calling itself Citizens for Constitutional Freedom, says it wants an inquiry into whether the government is forcing ranchers off their land after Dwight Hammond and his son, Steven, reported back to prison Monday.

The Hammonds are long-time local residents who have distanced themselves from the group Bundy’s group. They were convicted of arson three years ago and served no more than a year. A judge later ruled that the terms fell short of minimum sentences requiring them to serve about four more years.

At the emotional community meeting Ward, the county sheriff, said he understood the problems some had with the ranchers’ court case. However he said people needed to express but their anger peacefully and lawfully.

“I’ve got my own frustrations, we’ve got visitors in town that have their frustrations, but there’s appropriate ways to work out our differences,” he said.

H-2A minimum wage increases in many states

The minimum wage for H-2A visa foreign guestworkers in Washington and Oregon has been increased 27 cents an hour to $12.69 for 2016 by the U.S. Department of Labor.

The rate went up 56 cents to $11.89 per hour in California and up 61 cents to $11.75 in Idaho, Montana and Wyoming.

The rate is down 10 cents to $11.27 in Nevada, Utah and Colorado and up 66 cents to $11.20 in Arizona and New Mexico.

The mandatory minimum, known as the Adverse Effect Wage Rate or AEWR, is based on Department of Labor surveys of agricultural wages by region. It is above state minimum wages and is intended to prevent wages of similarly employed U.S. workers from being adversely affected by the importation of foreign workers.

“We wish it wouldn’t go up because the (federal H-2A) program is expensive. It’s a high minimum wage added onto housing and transportation growers provide,” said Dan Fazio, director of WAFLA, formerly the Washington Farm Labor Association, in Olympia.

Idaho’s AEWR is 62 percent higher than its minimum wage of $7.25 per hour and “that’s substantial,” he said. It increases industry’s costs, he said.

The increases Idaho and California reflect tightening labor supplies, he said.

Most pickers make more than the AEWR on piece rate because they work fast. But AEWR increases push piece rates higher, Washington tree fruit companies have said.

The highest 2016 AEWR in the nation is the Dakotas, Nebraska and Kansas at $13.80. The lowest is Alabama, Georgia and South Carolina at $10.59.

A year ago the rate increased 55 cents per hour in Washington and Oregon and yet the use of H-2A workers in Washington still rose from 9,077 in 2014 to 11,844 in 2015.

Increases have been largest after big crop years in which wages rise because of larger labor shortages, Fazio said.

“In the Pacific Northwest we have a severe labor shortage,” he said. “The last time the state conducted a labor survey was almost two years ago. The shortage was nearly 15 percent. We need another survey. It’s crucial, but we can tell labor is short because we get few, if any, referrals from the state.”

He was referring to required advertising for domestic workers at the AEWR rate before an employer can get DOL approval for H-2A workers.

Washington uses more H-2A workers than any other Western state, mainly in cultivation and harvest of tree fruit. Use in packing tree fruit is increasing. Most of the workers come from Mexico.

“We will have nearly 15,000 (H-2A) in 2016. Imagine what we would do if we had 15,000 fewer seasonal workers. We would be sunk, devastated,” Fazio said.

The H-2A program allows agricultural employers to hire foreign guest workers on temporary work visas to fill seasonal jobs. Employers must show a shortage of U.S. workers in the area and provide housing, transportation and a minimum wage.

Rapid growth of H-2A workers in landscape nurseries, berries and tree fruit is likely in Oregon and in tree fruit and hops in Idaho as annual growth slows from 40 to 15 percent in Washington where use already is high, Fazio has said.

Wafla hired and provided to growers 7,895 of the 11,844 H-2A workers in Washington in 2015, DOL statistics show. Zirkle Fruit Co., Selah, hired 2,889.

The DOL certified 17,942 H-2A workers for Florida in 2015, 17,696 for North Carolina and 14,393 for Georgia. Washington ranked fourth at 11,844 and California was fifth at 8,591. Louisiana, Kentucky, New York, Arizona and South Carolina completed the top 10.

Oregon hired about 250 H-2A workers in 2015 and is expected to increase by 100 this year, WAFLA has said. Idaho was at 30 and likely will increase to 50.

The top 10 H-2A users in 2015 by crop or occupation were: tobacco, 14,544; berries, 12,520; apples, 7,507; hay and straw, 6,989; oranges, 5,882; melons, 5,843; nursery and greenhouse, 5,109; agricultural equipment operators, 4,974; fruits and vegetables, 4,639; and onions, 4,610.

Armed group in Oregon fears raid

BURNS, Ore. (AP) — The small, armed group occupying a remote national wildlife preserve in Oregon has said repeatedly that local people should control federal lands — a sentiment that frustrates critics who say the lands are already managed to help everyone from ranchers to recreationalists.

With the takeover entering its fourth day Wednesday, authorities had not removed the group of roughly 20 people from the Malheur National Wildlife Refuge in eastern Oregon’s high desert country. But members of the group — some from as far away as Arizona and Michigan — were growing increasingly tense, saying they feared a federal raid.

Arizona rancher LaVoy Finicum said Tuesday evening that he believes federal officials have issued warrants for the arrest of five group members — including himself and Ammon Bundy — but Finicum offered no details.

The FBI in Portland referred calls to the Harney County Joint Information Center, which said in a statement it had no information on arrests or arrest warrants and that authorities were “still working on a peaceful resolution.”

Bundy said they would take a defensive position anticipating a possible raid. Late Tuesday, the group moved a large plow vehicle to block the refuge’s driveway.

Bundy told reporters Tuesday the group would leave when there was a plan in place to turn over federal lands to locals — a common refrain in a decades-long fight over public lands in the West.

“It is our goal to get the logger back to logging, the rancher back to ranching,” said the son of Nevada rancher Cliven Bundy, who was involved in a high-profile 2014 standoff with the government over grazing rights.

The younger Bundy’s anti-government group is critical of federal land stewardship. But environmentalists and others say U.S. officials should keep control for the broadest possible benefit to business, recreation and the environment.

Randy Eardley, a Bureau of Land Management spokesman, said the group’s call for land ownership transfer didn’t make sense.

“It is frustrating when I hear the demand that we return the land to the people, because it is in the people’s hand — the people own it,” Eardley said. “Everybody in the United States owns that land. ... We manage it the best we can for its owners, the people, and whether it’s for recreating, for grazing, for energy and mineral development.”

Bob Sallinger, conservation director of the Audubon Society of Portland, said in a statement this week that occupation of the refuge “holds hostage public lands and public resources to serve the very narrow political agenda of the occupiers.”

The armed group seized the refuge’s headquarters Saturday night. Bundled in camouflage, earmuffs and cowboy hats, they seem to be centered around a complex of buildings on the 300-square-mile high desert preserve.

Finicum said the power was still on at buildings at the refuge. “If they cut it off, that would be such a crying shame. All the pipes would freeze,” he said.

Ammon Bundy offered few specifics about the group’s plan to get the land turned over to local control, but Finicum said they would examine the underlying land ownership transactions to begin to “unwind it.”

The federal government controls about half of all land in the West, which would make the wholesale transfer of ownership extremely difficult and expensive.

For example, it owns 53 percent of Oregon, 85 percent of Nevada and 66 percent of Utah, according to the Congressional Research Service. Taking over federal public lands in Idaho could cost the state $111 million a year, according to a University of Idaho study.

Bundy said the group felt it had the support of the local community. But the county sheriff has told the group to go home, and many locals don’t want them around, fearing they may bring trouble. A community meeting was scheduled for Wednesday. Harney County Sheriff David Ward said in a statement the meeting was to “talk about their security concerns and the disruptions that the behavior of the militants on the refuge are causing for our people.”

So far, law enforcement hasn’t taken action against the group, whose rallying cry is the imprisonment of father-and-son ranchers who set fire to federal land.

The group calling itself Citizens for Constitutional Freedom said it wants an inquiry into whether the government is forcing ranchers off their land after Dwight Hammond and his son, Steven, reported back to prison Monday.

The Hammonds, who have distanced themselves from the group, were convicted of arson three years ago and served no more than a year. A judge later ruled the terms fell short of minimum sentences that require them to serve about four more years.

The takeover comes amid a dispute that dates back decades in the West. In the 1970s, Nevada and other states pushed for local control in what was known as the Sagebrush Rebellion. Supporters wanted more land for cattle grazing, mining and timber harvesting.

———

Associated Press writer Gene Johnson in Seattle contributed to this story.

Outdoor Alliance criticizes Oregon militia takeover

An organization that represents a broad range of outdoor enthusiasts said “misguided politicians” who call for taking over or selling off public land paved the way for armed militia members who occupied the Malheur National Wildlife Refuge headquarters south of Burns, Ore.

Among other things, militia members have said they want to return federal land to full commercial use by loggers, miners and others. In a statement released Jan. 5, the Outdoor Alliance said legislators in 11 Western states have introduced bills that would accomplish similar aims.

The alliance, based in Washington, D.C., said militia members and politicians miss the point of why some land is set aside and regulated by agencies such as the Bureau of Land Management, Forest Service and National Park Service.

“From the perspective of the outdoor recreation community,” the Outdoor Alliance said, “the most important point is this: It’s not just the gunmen’s tactics that are wrong, but their ideas, as well. These folks want to take over public lands, and their actions do harm to the wonderful idea that these places belong to all of us.”

When politicians advocate “unconstitutional positions” about the legitimacy of federal land management, it “emboldens people willing to point guns at the public servants responsible for managing our American public lands,” the alliance said.

Outdoor Alliance describes itself as a nonprofit coalition of groups representing hikers, climbers, rafters, mountain bikers, backcountry skiers and others committed to conserving public land.

The group’s full statement is at: http://www.outdooralliance.org/policy-news/2016/1/4/gunmen-threaten-to-take-public-land-by-force-in-oregon

Hazelnut pricing dispute settled

A lawsuit over a pricing dispute between an Oregon hazelnut farmers cooperative and the estate of a deceased entrepreneur in the aviation and agriculture industries has been settled.

In September 2015, the Hazelnut Growers of Oregon cooperative was accused of violating a contract with the estate of Delford Smith, the founder of now-bankrupt Evergreen Aviation and Evergreen Agricultural Enterprises in McMinnville, Ore.

The complaint claimed that HGO agreed to pay Smith, who died in 2014, 35 cents per pound above the field price established by the Hazelnut Growers Bargaining Association, which sets prices between farmers and processors.

Smith’s estate alleged it was owed an added $150,000 for delivering 1 million pounds of hazelnuts to the cooperative because the field price for hazelnuts ultimately increased from $1.15 to $1.30 per pound.

On Dec. 28, a judge in Multnomah County Circuit Court dismissed the lawsuit at the behest of the plaintiffs.

The dispute could have had implications beyond the contract between HGO and the Smith’s estate because members of the Hazelnut Growers Bargaining Association aren’t allowed to pay higher prices to individual farmers.

Jeff Fox, CEO of the cooperative, said HGO reached a settlement with Smith’s estate but could not comment on the specifics.

The disagreement arose after creditors attempted to garnish the revenues of Smith’s estate after his death, HGO became involved in the proceedings because it had rights to hazelnuts delivered by Smith, Fox said.

The estate’s lawsuit against HGO was the result of confusion over the meaning of “field price,” as the cooperative eventually paid its members more than the initial rate set after harvest, he said.

Smith’s estate believed it was owed 35 cents above the final price, rather than the original rate, which led to the dispute, Fox said. “I probably should have done a better job clarifying that within the contract.”

Capital Press was unable to reach the attorney representing Smith’s estate.

As to the question about preferential payments, Fox said the cooperative is not subject to the contract between farmers and the Hazelnut Growers Bargaining Association. However, a company owned by the cooperative, Westnut, is a signatory, he said.

Even so, HGO tries to “minimize any disruption” over prices, so the contract with Smith was intended to pay the same level above the initial field price as other growers received, Fox said.

Doug Olsen, president of the Hazelnut Growers Bargaining Association, refused to comment on the situation.

No-hurry defense: Refuge takeover requires delicate response

BURNS, Ore. (AP) — The armed activists who flocked to a remote wildlife refuge to take a stand against the federal government also looked prepared for a nippy day of hunting or fishing.

They were bundled in camouflage, plaid shirts, ear muffs and cowboy hats in the bleak, snow-covered high desert of eastern Oregon where they seemed more likely to encounter a bird or animal than a member of the public outside their own group or the throng of news media beyond the pickup trucks blocking the entrance to the Malheur National Wildlife Refuge.

That may be one of the main reasons law enforcement hadn’t taken action Monday against the group numbering close to two dozen who were upset about the imprisonment of father-and-son ranchers who set fire to federal land.

“These guys are out in the middle of nowhere, and they haven’t threatened anybody that I know of,” said Jim Glennon, a longtime police commander who now owns the Illinois-based law enforcement training organization Calibre Press. “There’s no hurry. If there’s not an immediate threat to anyone’s life, why create a situation where there would be?”

Schools were closed for the week in Burns, about 30 miles north of the refuge, out of an abundance of caution, but no one had been hurt and no one was being held hostage on Monday.

The takeover puts federal officials in a delicate position of deciding whether to confront the occupiers, risking bloodshed, or stand back and possibly embolden others to directly confront the government.

The activists seized the refuge about 300 miles from Portland on Saturday night as part of a decades-long fight over public lands in the West.

The armed group said it wants an inquiry into whether the government is forcing ranchers off their land after Dwight Hammond and his son, Steven, reported back to prison Monday.

The Hammonds were convicted of arson three years ago for fires on federal land in 2001 and 2006, one of which was set to cover up deer poaching, according to prosecutors. The men served no more than a year until an appeals court judge ruled the terms fell short of minimum sentences that require them to serve about four more years.

Their sentences were a rallying cry for the group calling itself Citizens for Constitutional Freedom, whose mostly male members said they want federal lands turned over to local authorities so people can use them free of U.S. oversight.

The group — led by two of the sons of rancher Cliven Bundy, who was involved in a 2014 Nevada standoff with the government over grazing rights — sent a demand for “redress for grievances” to local, state and federal officials.

“We have exhausted all prudent measures and have been ignored,” Ammon Bundy said.

The group, which included a couple of women and some boys and girls Monday, did not release a copy of its demands and Ammon Bundy would not say what the group would do if it got no response.

President Barack Obama said Monday federal authorities were monitoring the situation, but agents made no apparent moves to surround the property or confront the group — an approach that reflected lessons learned from bloody standoffs at Ruby Ridge, Idaho, and Waco, Texas, in the early 1990s.

That prompted complaints from many observers who suggested the government’s response would have been swifter and more severe had the occupants been Muslim or other minorities.

“There seems to be somewhat of a reluctance to think white people are as dangerous as people of color,” said Heidi Beirich of the Southern Poverty Law Center, which tracks hate groups.

Beirich said the group was emboldened by the government’s failure to hold Cliven Bundy or his supporters accountable in 2014 after hundreds of armed anti-government activists rallied to his defense when federal authorities started seizing his cattle over more than $1 million in unpaid grazing fees.

Michael Barkun, an emeritus professor at Syracuse University who has studied extremist groups, said not confronting the Oregon group could embolden others.

“You can say, well, a negotiated settlement emboldens them,” he said. “But by the same token it deprives them of a confrontation that some of them want.”

The Hammonds have distanced themselves from the protest group and many locals, including people who want to see federal lands made more accessible, don’t want the activists here, fearing they may bring trouble.

Seeds of the dispute date back decades in the West, where the federal government owns about half of all land.

In the 1970s, Nevada and other states pushed for local control over federal land in what was known as the “Sagebrush Rebellion.”

Supporters wanted more land for cattle grazing, mining and timber harvesting and opponents wanted federal government to administer lands for the widest possible uses, including environmental and recreational.

The refuge established in 1908 by President Theodore Roosevelt to protect birds from hunters selling plumes to the hat industry has expanded to 300 square miles over the years.

The valley rimmed by distant mountains contains lakes and marshland and now surrounds the ranch Dwight Hammond bought with his father in 1964.

Hammond said his family resisted pressure to sell the ranch as the federal government chipped away at his grazing allotments and increased fees on other lands.

Ammon Bundy said the group plans to stay at the refuge as long as it takes.

Johnson reported from Seattle. Associated Press writer Brian Melley contributed from Los Angeles.

Ranchers who inspired Oregon occupation report to prison

BURNS, Ore. (AP) — Father-and-son ranchers convicted of setting fire to federal grazing land reported to prison Monday as the armed anti-government activists who have taken up their cause maintained the occupation of a remote Oregon wildlife preserve.

Federal authorities made no immediate attempt to retake the Malheur National Wildlife Refuge in the remote high desert of eastern Oregon, which about two dozen activists seized over the weekend as part of a decades-long fight over public lands in the West.

There appeared to be no urgent reason for federal officials to move in. No one has been hurt. No one is being held hostage. And because the refuge is a bleak and forbidding stretch of wilderness about 300 miles from Portland, and it’s the middle of winter, the standoff is causing few if any disruptions.

Meanwhile, the armed group said it wants an inquiry into whether the government is forcing ranchers off their land after the father and son were ordered back to prison for arson on federal grazing lands.

The group, calling itself Citizens for Constitutional Freedom, demanded a government response within five days related to the ranchers’ extended sentences.

Ammon Bundy — one of the sons of rancher Cliven Bundy, who was involved in a 2014 Nevada standoff with the government over grazing rights — told reporters that Dwight Hammond and his son, Steven Hammond, were treated unfairly.

The Hammonds were convicted of arson three years ago for fires on federal land in 2001 and 2006, one of which was set to cover up deer poaching, according to prosecutors. They said they lit the fires to reduce the growth of invasive plants and protect their property from wildfires.

The men served their original sentences — three months for Dwight and one year for Steven. But an appeals court ruled the terms fell short of minimum sentences that require them to serve about four more years.

Their sentences have been a rallying cry for the group, whose mostly male members said they want federal lands turned over to local authorities so people can use them free of U.S. oversight.

The father and son reported to a federal prison Monday in California, said Harney County, Oregon, Sheriff David Ward. He provided no other details.

The Hammonds have distanced themselves from the protest group and many locals, including people who want to see federal lands made more accessible, don’t want the activists here, fearing they may bring trouble.

Schools in the small town of Burns, about 30 miles from the refuge, were closed for the week out of concern for student safety.

For the moment, the federal government was doing nothing to remove them, but the FBI said it was monitoring the situation. The White House said President Obama was aware of the situation and hopes it can be resolved peacefully.

The refuge was established in 1908 by President Theodore Roosevelt to protect bird populations that had been decimated by plume hunters selling feathers for the hat industry.

It sits in a wide snow-covered valley rimmed by distant mountains and contains lakes and marshland. The preserve has grown over the years to about 300 square miles and surrounds the ranch Dwight Hammond bought with his father in 1964. Dwight Hammond said his family has resisted pressure to sell the ranch as the federal government chipped away at his grazing allotments and increased fees on other lands.

The refuge contains about 10 small buildings, some of which had been entered by the occupying group. Other members of the group blocked the entrance to the headquarters.

The takeover prompted an outcry far beyond Oregon from both those who want to see federal lands opened to more ranching and logging and others who were astounded that private citizens with guns could seize government property without any intervention by law enforcement.

The tactics of the group were condemned by Democrats and Republicans alike.

Sen. Harry Reid, a Nevada Democrat who is familiar with the Bundys from their standoff in his state, said the group could not continue breaking the law, but that everyone should remain patient.

“These people say we want to return (the land) to the people,” Reid said. “The people have it right now.”

Republican presidential candidate Sen. Ted Cruz of Texas said he hoped the group would “stand down peaceably” with no violent confrontation “sooner rather than later.”

Ammon Bundy said his group had sent a demand for “redress for grievances” to local, state and federal officials. The group, which included a couple of women and some boys and girls Monday, did not release a copy of its demands. Bundy would not say what the group would do if it got no response.

“We have exhausted all prudent measures and have been ignored,” he said.

The dispute harkens back to a long-running struggle over public lands between some Westerners and the federal government, which owns nearly half the land in the West.

In the 1970s, during the “Sagebrush Rebellion,” Nevada and other states pushed for local control over federal land. Supporters of that idea want to open more land available for cattle grazing, mining and timber harvesting.

Opponents say the federal government should administer lands for the widest possible uses, including environmental and recreational.

Bundy said the group plans to stay at the refuge as long as it takes.

Keith Landon, a longtime resident of Burns who works at the Reid Country Store, said he sympathizes with the Bundys’ frustrations. Landon was a logger until the federal government declared the spotted owl a protected species in the 1980s — a decision that hurt the local logging industry.

“It’s hard to discredit what they’re trying to do out there,” he said. “But I don’t want anybody hurt.”

Melley reported from Los Angeles.

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