Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...

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Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
April/May/June 2021

                      Curious Yearlings by Acacia Anderberg
Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
WIN!

                                                                                                                                                TICKETS:
                                                                                                                                               $20 EACH
                                                                                                                                              6 FOR $100

                       Ranch Model w/neck bars

Proceeds will benefit the South Dakota Stockgrowers Association a 501(c)5 non-profit. The winning
ticket number will be drawn during the 130th Annual Convention on September 10, 2021. The winner
need not be present to win. Additional rules and exclusions apply. Contact South Dakota Stockgrowers
Association, 605-342-0429, 426 Saint Joseph St, Rapid City, SD 57701.                                                                   From Dubas Equipment

Winner will receive a Silencer Hydraulic Squeeze Chute. Ranch Model worth appoxomatiley $10,674. Participants must be 18 years of age or older to enter, have a valid
driver’s license as required by state law. All applicable state and federal taxes, license, registration fees, insurance, and other expenses not listed herein are the winner’s
responsibility and must be paid when prize is claimed. Prize is not transferable or redeemable for cash. Winner need not be present at time of drawing to win. Drawing
will take place on September 10, 2021 during the 130th Convention of the South Dakota Stockgrowers Association held at the Holiday Inn in Spearfish, SD. Prize cannot
be substituted except by sponsor who reserves the right to substitute a prize of equal or greater value. Void where prohibited by law. Contact South Dakota Stockgrowers
Association, 605-342-0429, 426 Saint Joseph St, Rapid City, SD 57701.
Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
Winners of the Photo Contest
                      See Page 12
                                                        TABLE
                                                      Regular Features
                                                                               Of Contents
                                                                                   Special Features
                                                         3 Wagon Boss                12 Winners of the
                                                             President Scott              Photo Contest
                                                             Edoff                   16 Varilek’s Beef
                                                         4   Congressional                Review
                                                             Contacts                18 Range Round-
                                                             Magazine Adver-              up: Plan Now to
                                                             tising Membership            Control Weeds
                                                             Comparison                   with Grazing Next
                                                         5 From The Desk of               Season by Pete
                                                             Editor and Execu-            Bauman
                                                             tive Director           26 Stockgrowers Asso-
                                                             James Halverson              ciation, Wall Meats,
                                                         6 Board of Directors             and Edoff Ranch
                                                             Meeting Minutes              support Club for
                                                             January 20, 2021             Boys with beef
                                                                                          donation
                                                         8 All Hat and No
                                                             Cows by Matthew         31 Why Should I Sign
                                                             J. Trask                     the Beef Checkoff
                                                                                          Petition?
                                                       10 Lobbyist Report
                                                             by Jeremiah             35 Standing Up for
                                                             Murphy                       Rural Constituents
                                                                                          by Karen Budd
                                                       22 Blast From The                  Falen
                                                             Past
                                                                                     37 FFA Relocates
                                                       28 Inheriting Firearms             South Dakota State
                                                             in Estate Planning           Convention to
                                                             and Administration           Rapid City for First
                                                             by Elliot Bloom              Time
                                                       32 January to March           38 Biosecurity For
                                                             2021 Long Range              Beef Cow-Calf Op-
                                                             Outlook                      erations: Managing
                                                       34 Associate                       the Entry of New
                                                             Members                      Animals by Russ
                                                                                          Daly
                                                       41 SDSGA
                                                             Membership              40 In Memorium:
                                                                                          Edward Engle
        Skull Between High Pole Gate                         Application
                                                                                          Thompson
               by Markus Erk                           42 Just One Cow
                                                             Welcome New             43 Checking in on the
                                                             Members                      Check-Off by Suzy
                                                                                          Geppert

8
All Hat and No Cows
                             10
                             Lobbyist Report
                                                  18
                                                  Range Roundup
                                                                                  40
                                                                                  In Memorium:
by Matthew J. Trask          by Jeremiah Murphy                                   Edward Engle Thompson

April /May /June 2021                                   South Dakota Stockgrowers Association            1
Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
Photo by Amy Jumphries on unsplash

                                     2   South Dakota Stockgrowers Association   April /May /June 2021
Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
SCOTT EDOFF                                                                                Winter 2021 - Volume 78, No 1
                                  PRESIDENT                                                                            USPS # 503-240, ISSN #00383384

O
                                                                                                                MEMBERSHIP FEE: Annual membership dues
                                                                                                                are $75 in accordance with the bylaws of the
 		          ne thing I struggle with as President is   So, the idea was put on the back burner. Then, out      South Dakota Stockgrowers Association.
 		           writing the Wagon Boss article.           of the blue, my neighbors Dennis and Gwen Zelfer
                                                                                                                POSTMASTER: Send address changes to:
 		          Despite having written several at this     had an open spot at Wall Meats, the Edoff ranch         THE STOCKGROWER
 		          point, James usually surprises me by       gathered a dry cow, and we were good to go. Ken         426 St. Joseph, Rapid City, SD 57701
 		          saying Wagon Boss is due Monday.           and the crew at Wall Meats processed the beef for
 Panic sets in as I wonder what to write about          free, and on February 23, James Halverson, Tiff         EDITOR: JAMES HALVERSON, Rapid City
 and whether I will choose the best subject for the     Robertson, Mark Kline, and I packed 600 pounds          jamesh@southdakotastockgrowers.org
 issue. I want to begin this issue by reporting that    of hamburger into the Club for Boys’ freezer.
                                                                                                                Published quarterly at Rapid City, SD by the
 the annual SDSGA mixer in Ft. Pierre went over         Ladies and gentlemen, it is a thing like this that      South Dakota Stockgrowers Association, Inc.
 very well. It was well attended by Stockgrowers        separates the SDSGA from any other organization         Periodicals Postage Paid at Rapid City, SD and
 members, and we were able to host our senator          around. It really is what comes from your heart         additional mailing offices.
 and representatives. I am also proud to report a       and soul that counts.
 special appearance by lieutenant governor Larry            Before I let you all go, I want to offer a quick    PRESIDENT
                                                                                                                SCOTT EDOFF, Hermosa
 Rhoden. Thank you to everyone who attended.            comment on the recently concluded legislative
      Now on to our fundraising success so far this     session. The session went at a fast and steady pace     VICE PRESIDENT
 year. In January, I decided to pull the trigger and    as usual, and we had many bills to wade through.        VAUGHN MEYER, Reva
 choose a Silencer hydraulic chute for a fundrais-      I think the SDSGA did a great job of representing
 ing project. James took charge of purchasing the       the ag industry in this session. In late February,      EXECUTIVE DIRECTOR
 chute and organizing the raffle. We started selling    SDSGA had a big scare when Jeremiah Murphy              JAMES HALVERSON, Rapid City       342-0429
                                                                                                                jamesh@southdakotastockgrowers.org
 tickets at our mixer in Ft. Pierre right way. Next     went down with COVID-19. James stepped in for
 came the Black Hills Stock Show and Rodeo.             Jeremiah and did a great job taking on that respon-     REGIONAL VICE PRESIDENTS
 SDSGA members stepped up to the plate and              sibility. Thank you, James, for your willingness to     Region 1 - LES SHAW
 sold enough tickets to break even on the Silencer      help. I want to use this as an opportunity to let       Region 2 - ERIC SUMPTION              329-7859
 just a few weeks into the raffle. Now, we are mak-     Jeremiah know we all hope he gets some rest and         Region 3 - STEVE LIVERMONT
 ing money on every ticket sold, so keep up the         recovers soon. My prayers and thoughts are with
                                                                                                                DIRECTORS AND DISTRICTS
 excellent work, everyone. Thank you for putting        you, Mr. Murphy.                                        Dis# Director                           Phone
 in the effort to ensure that the Stockgrowers              Lastly, some of you may have heard of the fire      1. BILLY CLANTON                      375-3995
 have funding to continue their advocacy for the        that took our executive director James Halverson’s      2. BRIAN FOX
 agricultural community. I am very proud of our         home and pastureland. I want to take a moment           3. SHAWN FREELAND, Caputa             545-3082
 membership, and I hope your efforts continue to        to recognize James for all he does for the SDSGA.            RANDY VOLMER                      798-5621
                                                                                                                4. BILL PAULTON, Edgemont             673-4641
 make this fundraiser a success.                        His contributions to this organization are invalu-
                                                                                                                5. JT RICKENBACH
      On January 14, Vaughn Meyer, our 2021             able, and I know I am not alone in saying that we       6. JUSTIN KOLB , Belle Fourche         786-7834
 vice president, held the second annual SDSGA,          all appreciate the work he does. I also want to say     7. CHANCE ANDERSON, Isabel             466-2341
 R-Calf, and I-COW rollover auction fundraiser          thank you to our members for stepping up and            8. COREY LEVIN
 at Belle Fourche Livestock Auction. Thank you to       supporting him and his family during this time.              MATT KAMMERER
 Vaughn for organizing such a great opportunity         In the coming months, I would like to encourage         9. MARK KROGMAN, Quinn
                                                                                                                10. ROSS CUNY
 for our Association and membership. In just            everyone to keep his family in their thoughts
                                                                                                                11. CASEY BACHAND, Kadoka
 one year, the event grew considerably, and we          and prayers and to do what you can to help these        12 CHUCK WILLARD                      344-2576
 were able to double our proceeds over last year’s      incredible people out. Our community is different       13. BRYAN HANSON, Ft. Pierre          280-1283
 generous contributions. I want to give Vaughn a        because we support each other in our times of           14. GEORGE KENZY
 special thanks for his efforts in getting this event   need. It’s what makes agriculture more than an          15. JASON FRERICHS, Wilmot
                                                        industry. You’ve got a lot of people in your corner,    16. ZEB HUSTED, Highmore               280-2561
 started and for donating the steer that started it
                                                                                                                17. JOHN KARLEN, Howard                772-5437
 all. Also, a special thanks to Baxter Anders and       James. Thank you again.
 the fantastic crew at Belle Fourche Livestock              And with that, I know calving and branding          PAST PRESIDENTS
 Auction for their help in making this happen.          time is just around the corner, so I’ll leave you all   GARY DEERING, Hereford
 Great job, everyone!                                   until the next time James surprises me. Hang in         SHANE KOLB, Meadow                     244-7145
      Just a year ago, I received a phone call from     there, everyone. It’s just another year living the      KENNY FOX, Belvidere                  344-2516
                                                                                                                BOB FORTUNE, Belvidere                344-2200
 Harding County rancher Ronnie Floyd. We                American dream.
                                                                                                                BILL KLUCK, Mud Butte                 748-2428
 discussed how the SDSGA could make a beef
 donation to the Club for Boys. While I thought                                                                 ASSOCIATION OFFICE 1-877-529-2333 (BEEF)
 this was a great idea, we could not find a locker                                                                 342-0429
 plant to take a beef despite our lengthy efforts.
                                                                                                                Design: Computer Images
                                                                                                                cimages@graphicandwebdesign.com

April /May /June 2021                                                                       South Dakota Stockgrowers Association                     3
Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
South Dakota
CONGRESSIONAL CONTACTS
 Mike Rounds             SENATOR

ABERDEEN        Contact: Jennifer Hieb
                514 South Main; Suite 100
                Aberdeen, SD 57401
                605-225-0366

RAPID CITY  1313 West Main Street
            Rapid City, SD 57701
            Phone: (605) 343-5035                 John Thune           SENATOR                   Dusty Johnson            CONGRESSMAN
            Fax: (605) 343-5348
            Adam Kaemingk                       ABERDEEN        Contact: Judy Vrchota           WASHINGTON 1508 Longworth HOB
PIERRE      111 W Capitol Ave, Suite 210                        320 S First Street; Suite 101   DC          Washington, DC 20515
            P.O. Box 309, Pierre, SD 57501                      Aberdeen SD 57401                           Phone: (202) 225-2801
            Phone: (605) 224-1450                               605-225-8823                                Toll Free: (855) 225-2801
            Fax: (605) 224-1379                                                                 ABERDEEN    304 6th Avenue SE
SIOUX FALLS 320 North Main, Suite A             RAPID CITY      Qusi Al-Haj or Mark Haugen                  Aberdeen, SD 57401
            Sioux Falls, SD 57104                               246 Founders Park Drive                     Phone: (605) 622-1060
            Phone: (605) 336-0486                               Suite 102                                   Fax: (605) 262-0150
            Fax: (605) 336-6624                                 Rapid City, SD 57701            RAPID CITY  2525 W Main Street
            Tyler Tordsen                                       Phone: (605) 348-7551                       Suite 310
WASHINGTON Logan Penfield                       SIOUX FALLS     5015 South Bur Oak Place                    Rapid City, SD 57702
DC          Hart Senate Office Bldg., Suite 502                 Sioux Falls, SD 57108                       Phone: (605) 646-6454
            Washington, DC 20510                                Phone: (605) 334-9596           SIOUX FALLS 300 North Dakota Avenue
            Phone: (202) 224-5842                                                                           Suite 314
            Toll Free: (844) 875-5268                                                                       Sioux Falls, SD 57108
            Fax: (202) 224-7482                                                                             Phone: (605) 275-2868

 MAGAZINE ADVERTISING                                                                DISTRICT AND REGION MAP
       NOTICE TO MEMBERS & Circulation
         ASSOCIATE MEMBERS: • Circulation of 1,600 to 1,800
  Members who wish to advertise
                                      • Reader base: 5,000
in the South Dakota Stockgrowers
    magazine may take 20% off the • Character of circulation:
      rates listed here. We’d like to   Agricultural
     encourage our membership to • Character of publication:
          share the advertising rate    Devoted to all aspects of
information with local merchants.       livestock production,
    The office will be happy to mail    farming and ranching
         rate sheets upon request.
                   THANK YOU!
                                   Subscription rate:
                                     $75.00 per year                                 MEMBERSHIP COMPARISON
                          Editor:
                 James Halverson   Published  Quarterly
jamesh@southdakotastockgrowers.org   *4 issues per year
               Tel: 605-993-6123
                                     Deadline:
                                     February 5, May 5, August 5,
                                     November 5

        426 St. Joseph Street - Rapid City, SD 57701
             605-342-0429 - Fax 605-342-0463
               southdakotastockgrowers.org

4      South Dakota Stockgrowers Association                                                             April /May /June 2021
Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
FROM THE
                                                             DESK OF THE

                                 Editor and Executive Director

                                                ever-inefficient management of the federal       set in yet, but I don’t think that’s the case.
                                                government. I find it troubling that they        Mostly because this incident has revealed
                                                aren’t even trying to hide the fact that         to me, more than any other time in my life,
                                                they want your land anymore and have an          the goodness of men. I cannot tell you how
                                                unlimited bankroll to do it. And that’s just     incredibly blessed we have been. Family,
                                                a fraction of the overly ambitious federal       friends, neighbors near and far, complete
                                                overreach we are threatened with today.          strangers, and the list of people who have
James Halverson                                     This is why another priority for me is       reached out to help is nearly endless. It is
 jamesh@southdakotastockgrowers.org             education and outreach. Who wouldn’t             humbling beyond belief. I am a changed
                                                want to “Protect” our forests and grass-         man, a better friend, and a better person

M
		           ost of you know by now that        lands? I certainly do. Which is why us           who has learned what it means to be truly
		           just a few weeks ago my family     producers must continue to reach out to an       selfless. I have seen the hands and feet
		           and I had a devastating fire.      ever-expanding audience to tell our story        of Jesus and they look a lot like everyday
		           Yes, it is tough, but I will not   of being the true stewards of the land who       people you pass on the road. My family has
		           focus on that. We refuse to        have been “Protecting” it for generations        resolved to be those same hands and feet.
focus on that. Instead, we will forge ahead     all while feeding and outfitting the world           You know it’s sort of funny. The areas
and try to concentrate on what we can and       at the same time. Yes, that part is import-      that burned are now the first ones to green
must do next. I will admit that focusing on     ant too if people would like to continue to      up. That grass is unimpeded by years past.
day-to-day tasks has been more challenging      eat, have clothes, and many other of life’s      It’s able to flourish and reap the benefits of
lately.                                         necessities.                                     rapidly recycled nutrients entering its world
    SDSGA has had a great winter. Sure, we          Since the fire at our place I feel like I    with a focus so clear on today’s growth…
need some moisture, but everyone I know         should be more sad, more troubled, more          We could all be so lucky.
calving right now is appreciating the nice      worried. After all we lost most of these
Spring. In the Legislature, we’ve had some      necessities, albeit very briefly. But I simply
great wins. Jeremiah has summed all that        do not feel that way. Maybe it hasn’t totally
up in his column, but I can tell you anec-
dotally we are building our relationships
and influence. We are already working
with our elected officials on bills to bring
forward next year. It is no doubt there will
continue to be a myriad of issues to tackle
at the state level, and we will continue to
have dialogue with decision makers to posi-
tively influence policy moving forward. I
set this as a high priority.
                                                                                                         I find it troubling
    On the national level issues have obvi-                                                              that they aren’t
ously pivoted with a new administration                                                                  even trying to
and party in power. We are hopeful for op-
portunities on issues like the New Markets
                                                                                                         hide the fact that
for State Inspected Meats, 50/14, transpar-                                                              they want your
ency within the cattle markets, MCOOL,                                                                   land anymore
and others. However, we must stay educat-
ed and up to date on the challenges facing
                                                                                                         and have an un-
                                                                                                         limited bankroll
                                                                                                                                           Photo by Phinehas Adams, Unsplash

us as well. The 30x30 land grab under the
guise of “protection” is one example. A                                                                  to do it.
recent announcement from the USDA
said that the USFS is administering a new
“Land Acquisition Program” that, courtesy
of the permanently funded Land and Water
Conservation Fund, has $123,000,000.00
to buy private land and put it under the
April /May /June 2021                                                                South Dakota Stockgrowers Association                      5
Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
BOARD OF DIRECTORS MEETING
                                                                                              MINUTES
                                                                                 WEDNESDAY, JANUARY 20, 2021
                                                                                Drifters Event Center - Ft. Pierre, SD
1:00 pm CALL TO ORDER by President Scott          changing Bryan Hanson and Ross Cuny from          Gave a brief report and answered any questions
Edoff                                             Absent to Excused, 2nd by Chance Anderson,           Committee reports:
    Members Present: Scott Edoff, Vaughn Mey-     Motion carried                                    Animal ID – Kenny Fox gave a brief report
er, Les Shaw, Steve Livermont, Brian Fox, Shawn       Gary Deering moved approve the previous       Federal Lands – JT Rickenback reported that
Freeland, Bill Paulton, JT Rickenbach, Chance     minutes as amended, 2nd by Chance Anderson,       USFS is updating their grazing regulations,
Anderson, Cory Levin, Ross Cuny, Chuck Wil-       Motion Carried                                    comment period is underway (Until Aril 17th)
lard, Bryan Hanson, George Kenzy, Kenny Fox,          PRESIDENT’S REPORT - President Scott             Marketing – Vaughn Meyer reported on the
Bob Fortune, Bill Kluck, Gary Deering             Edoff – Donated a beef to club for boys (work-    checkoff referendum efforts
    Members Absent: Randy Volmer, Shane           ing on processing fees)                              Property Rights – Bill Kluck reported on soil
Kolb                                              Lemmon Area (Windy) Fire – Donated a load         types and correlating them to property taxes
    Members Excused: Matt Kammerer, Eric          of hay in SDSGA’s name                               Trade – Ty Littau – Gave a brief report and
Sumption, Billy Clanton, Justin Kolb, Mark            SECRETARY’S REPORT – James Halver-            suggested we keep an eye on TPP (Trans Pacific
Krogman, Casey Bachand, Jason Frerichs, Zeb       son updated everyone on the recent rollover       Partnership), and similar trade deals, with the
Husted, John Karlen                               auction, the Black Hills Stock Show plans,        new Administration
    AGENDA – Les Shaw moved to approve the        Calving books, Grant activities, Legislation we      Membership – Scott Edoff updated every-
agenda 2nd by Gary Deering, , Motion Carried      are watching and working on, and outreach         one on membership totals
    PREVIOUS MINUTES Gary Deering                 activities
moved to amend the previous minutes by                FINANCE REPORT – Gary Deering –               Please see BOARD on page 36

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6      South Dakota Stockgrowers Association                                                              April /May /June 2021
Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
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April /May /June 2021                                                               South Dakota Stockgrowers Association   7
Curious Yearlings by Acacia Anderberg - April/May/June 2021 - South Dakota ...
ALL HAT AND NO COWS
   I mentioned at supper I needed to           it too is amazing.                           ​   by
come up with a topic for my South Dako-            I have been divorced four years now,     Matthew J Trask
ta Stockgrowers column. My Grace said          having my daughters every other week-
“write about me!”                              end. Such arrangements are depressingly      tion as a series of snapshots instead of a
   Ok, Grace, I will.                          common these days, and I guess you           steady, unnoticeable progression, which
   I have two girls, Patty, 14, and Grace,     make the best of it. In my case, it has      is interesting, I guess.
who is nine. Many people say that having       made me a much more focused dad when             The biggest lesson I’ve learned is when
a daughter is the greatest thing in life. I    I have them, which, interestingly, doesn’t   I get the hell out of the way, things go
do not feel qualified to rate something        mean that we spend every second of a         better. Me being me, I embraced the
as “the greatest thing in life,” having only   weekend together, but that the weekend,      concept rather quickly, I’ve heard it’s
been here forty two years, but having a        as much as possible, is about what they      harder for some people.
daughter is really really great. Someone       want to do.                                      Grace, at her own insistence, has
else in the world who can tell exactly what        And because I see them every two         decorated each of her last five birthday
you are thinking because they’re thinking      weeks, I view their growth and matura-       cakes. I open things, find knives and
                                                                                            spatulas, and drink tea. At a certain
                                                                                            point, long before anyone else would,
                                                                                            Grace declares that the cake is sufficient-
                                                                                            ly decorated. I have never heard one
                                                                                            guest grumble that there should have
                                                                                            been more decorations on her cake. This
                                                                                            morning, she cooked me pancakes for
                                                                                            breakfast, she drove me home from the
                                                                                            neighbors on a section line road, and
                                                                                            tonight she made me supper. Last year,
                                                                                            with minimal help from me, she baked
                                                                                            a heart shaped Valentine cake for her
                                                                                            Grandma RoseMary. She has painted me
                                                                                            pictures, bought me a broom and a mop
                                                                                            when I moved last summer, made me tea,
                                                                                            and operated a possibly somewhat illegal
                                                                                            roadside stand in Rapid City. All I had to
                                                                                            do was say yes and stand there.

8      South Dakota Stockgrowers Association                                                     April /May /June 2021
I was one of those kids (I
actually think there are lots of
us) who was all about riding
until someone got a horse
out, which made growing up
on a ranch rather difficult.
Grace has never been near as
pretentious as I was; she has
been steadfastly unashamed
to admit that horses scare the
hell out of her and she wanted
nothing to do with them.
    Recently I got a text from
her mother with two pictures
of Grace aboard a full size real-
ly for real cowhorse, seemingly
having a good time. I didn’t
cry, Im a cowboy.
    Good luck with calving this
spring, and Grace (and Patty) I
love you.

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April /May /June 2021                                                                           South Dakota Stockgrowers Association   9
this measure which tightens up the require-
                                                                                                         ments for land to be considered ag land for tax
                                                                                                         purposes.
                                                                                                              We were less fortunate securing funding for
                                                                                                         two projects - a new meat lab at SDSU and re-
                                                                                                         pairs and improvements at SDSU’s Cottonwood
                                                                                                         Research Station. SB 191 would have provided
                                                                                                         $600,000 to fund a comprehensive planning
                                                                                                         study as a first step in the renovation and expan-
                                                                                                         sion of the meat laboratory within the Animal
                                                                                                         Science Complex at SDSU. Current facilities
                                                                                                         are overcrowded and incur significant ongoing

          LOBBYIST
                                                                                                         maintenance expenses due to the limited size
                                                                                                         of the facility and the age of equipment at the
                                                                                                         facility. SB 192 would have provided $3.5 million
            REPORT                                                                                       to renovate and upgrade the Cottonwood Field
                                                                                                         Station which has suffered substantial damage
                                              By   Jeremiah Murphy                                       from windstorms and is overdue for other

A Session Like                                     is directed at US trade policy and promotes
                                                   removal of penalties imposed against the US for
                                                                                                         facilities upgrades. I’m told that there will likely
                                                                                                         be funds available next year for these projects.
No Other …                                         mandating country of origin labelling on beef              Stockgrowers supported Rep. Sam Marty’s
                                                   products. Thanks to Sen. Cammack who led              HB 1215 to require that no retailer claim that
    The COVID virus put its stamp on the 2021      this effort and to Rep. Wink who rode herd on         a meat food product is a product of the United
South Dakota legislative session. The operation    the resolution on the House side, SCR handily         States, unless all animals from which the prod-
of the legislature included mask requirements,     passed both houses and has already been refer-        uct is derived were born, raised, and slaughtered
remote testimony, temperature checks, social       enced by our representatives in DC in their push      in this country. This bill was consistent with our
distancing, and a reduction in social events.      on behalf of producers’ interests.                    legislation two years ago mandating that prod-
But, the legislature was able to do its work and       HCR 6006, sponsored by Liz May in the             ucts marketed as meat be, in fact, meat from the
Stockgrowers had several successes this session    House and Ryan Maher in the Senate, urges             carcass of an animal rather than from a labora-
in Pierre.                                         Congress to amend the Agricultural Marketing          tory. Unfortunately, the House Ag. Committee
    Thanks in good part to the grassroots lobby-   Act of 1946 with a view to fostering efficient        failed to see the wisdom of our argument and
ing efforts of Stockgrower members, HB 1140,       livestock markets and to increasing competition       killed the bill.
to restrict the entry of conservation officers     and transparency among packers who purchase                Governor Noem issued an Executive Order
onto certain private land without permission,      livestock, by requiring that at least fifty percent   merging the Department of Agriculture with
will become law on July 1. HB 1140 codifies        of each packing facility’s weekly value of beef       the Department of Environment and Natural
current GF&P practice and bars conservation        for slaughter be purchased on the spot or open        Resources. A resolution was introduced to block
officers from entering any private land without    market and that those livestock be delivered no       this merger, as is the legislature’s prerogative
landowner/lessee permission or probable cause.     later than fourteen days after the date on which      if either house musters a majority to support
Under the bill, CO’s may enter private land to     the purchase agreement is signed. Rep. Overweg        the opposing resolution. But, that resolution
dispatch crippled wildlife or in the event of an   deserves thanks as a very effective advocate for      died 17-18 in the Senate. The merger of the two
emergency situation. That bill came out of the     this measure on the House side.                       departments will be effective in late April. The
House with votes to spare but ran into an ice-         HB 1040, a $5 million fund for grants to          new department will be called the Department
berg in the Senate Judiciary committee thanks      small meat processors was tabled as the admin-        of Agriculture and Natural Resources. Hunter
to hard resistance from Senate President Pro       istration found the money to fund the program         Roberts will serve as its first Secretary.
Tem Schoenbeck. But, our allies in the Senate      within COVID funds. The program opened                     COVID took a bite out of my time in Pierre
“smoked out” the bill for a floor vote. Smoking    on March 18. Grants are available to meat             as I tested positive on February 12th and so had
a bill out of committee is a procedure whereby     processors located in South Dakota with fewer         to isolate for ten days and was subsequently
1/3 of the Senate membership can require a bill    than 60 employees meeting one of the following        sidelined with a case of post-COVID pneumo-
to be delivered to the floor for consideration     criteria: State inspected “equal to” slaughter and/   nia. I want to thank James and Stockgrower
regardless of the committee vote on the bill.      or processing plants; Licensed custom-exempt          members including Kenny Fox, Billy Clanton,
Then, a smoked out bill requires a majority of     slaughter plants; or Very small federally inspect-    Bob Johnson, and Larry Nelson for making the
the members of the Senate to agree to calendar     ed plants. Applications must be submitted by          time and the effort to go to Pierre and testify on
the bill. HB 1140 received the requisite number    May1. More information is available at the SD         behalf of several Stockgrower bills. Also thanks
of votes to be smoked out and then calendared      Dept. of Agriculture website.                         to the many members who called and emailed
and finally was passed by the full Senate.             The legislature passed HB 1085, Rep. Chaf-        their legislators on behalf of Stockgrowers. That
    Senate Concurrent Resolution (SCR) 604         fee’s bill to redefine the criteria for classifying   grass roots pressure is a valuable lobbying tool
is an update of last year’s MCOOL resolution.      land as agricultural for tax purposes. Revenue        and I appreciate your efforts on behalf of the
Like last session’s MCOOL resolution, SCR 604      asked for and Stockgrowers supplied support for       outfit.
10     South Dakota Stockgrowers Association                                                                   April /May /June 2021
BELLE FOURCHE
 LIVESTOCK MARKET, LLC
      Regular Cattle Sales Thursday
       800-894-8684
         Brett Loughlin – 605-210-0615
        Mike Greenough – 307-620-2597
                                                    W

                                                                    hile selling direct may bring immediate rewards today, they
                                                                    may not be there in the long run. The fewer the cattle that are
                                                                   marketed through livestock barns, the fewer livestock barns
                                                                  that are needed. And as livestock barns begin to vanish, so too
                                                          will the communities that depend on them.
          Rod Schaffer – 406-672-5546
          Joe Vodicka – 307-351-2024                    FAITH LIVESTOCK                                                 FT PIERRE LIVESTOCK
          Bill Johnson – 605-866-4813
          Shane Moke – 605-641-7961                        AUCTION LLC                                                      AUCTION INC.
            Ty Jones – 406-951-4221
         Jason Schaffer – 406-853-4626                      Regular Sales on Monday                                             Cattle Sale Every Friday
         Bob Anderson – 605-641-1042
        Jason Twitchell – 406-480-2345
                                                            Faith Livestock                605-967-2200                       Special Sales As Advertised
                                                            Mason Dietterle                605-580-5878
                                                            Dace Harper                    605-515-1535                         800-280-7210
                                                            Doug Dietterle                 605-580-1362                 Sale Barn............................605-223-2576
                                                            Max Loughlin                   605-645-2583
                                                                                                                        Dennis Hanson..........................223-2575
                                                            Troy Wilcox                    605-515-0121
   HERREID LIVESTOCK                                        Kaden Deal                     605-515-4180                 Willie Cowan..............................280-1021
                                                                                                                        Don Bourk..................................280-7888
      MARKET INC.                                                    605-967-2200
                                                                                                                        Bryan Hanson............................280-1283
                                                                   faithlivestock.com
     Regular cattle Sales every Friday
      Special sales by appointment
          605-437-2265                                        LEMMON
     Joe Vetter – 701-391-3479
                                                           LIVESTOCK INC.
                                                        Regular Sales Every Wednesday
   Kent Fjeldheim – 605-848-3459                                                                                               Cattle Sale Each Thursday
                                                          Special Sales As Advertised
     Larry Fettig – 701-321-1368                                                                                                Horse Sales Quarterly
                                                        800-822-8853 - 605-374-3877
                                                                                                                             Special Sales as advertised
                                                         www.lemmonlivestock.com
                                                                                                                                605-845-6200
                                                            Paul Huffman, Owner/Mgr
                                                                                                                        Jason Anderberg............... 848-0038
            PHILIP                                        605-374-457 or 605-645-2493
                                                      Chad Hetzel, Asst. Mgr - 701-376-3748                             Tigh Anderberg................. 845-4877
        LIVESTOCK LLC                                   Jim Sheridan, Field Representative
                                                         605-967-COWS or 605-490-2288
                                                                                                                        Casey Perman.................... 848-3338
                                                                                                                        Tom Anderberg................. 845-6200
      Cattle Sale Every Tuesday                           Curt Williams, Baker Field Rep.
                                                    406-778-3282 (C+D Yards) Or 406-978-2520                               www.mobridgelivestock.com
          605-859-2577
     www.philiplivestock.com

   Baxter & Skyler Anders, Owners                   ST.P.O.ONGE        LIVESTOCK                                        CRAWFORD LIVESTOCK
                                                            Box 290 - St. Onge, SD 57779
.(605)-685-4862
Colton McDaniel........... (605)-441-7222           Sheep Sell Every Thursday - Newell 456-2348                            MARKET, LLC
Billy Markwed: ..............(605) 567-3385         Cattle Sales Every Friday - St. Onge 642-2200                               Sales every Friday
Bob Anderson: ..............(605) 347-0151
                                                    Justin Tupper, GM....................................605-680-0259           308-665-2220
Clint Hammerstrom: ....(605) 490-0711
                                                    Barney Barnes, Sheep Yard Manager....605-641-2333
Mark Lantis: ...................(605) 390-7828                                                                             www.crawfordlivestock.com
                                                    Gilbert Woods, Fieldman........................605-641-1700
                                                    Ron Frame, Fieldman..............................605-641-0229        Jack & Laurel Hunter - 308-430-9108
                                                    Tim Tetrault, Fieldman.............................605-641-0328     Rich & Alicia Robertson - 307-340-1165
                                                    Ray Pepin, Fieldman................................605-892-5072
                                                    Dustin Vining, Fieldman..........................605-354-9966
                                                    Tyler E Scott, Fieldman............................406-853-5690          Serving the Tri-State area
                                                    Scott Crowser, Fieldman.........................605-645-2654        South Dakota, Wyoming & Nebraska
                                                    Casey Humble, Fieldman........................605-490-9829                  Like us on Facebook

                                           on LLC
                               stock Aucti
                    Faith Live

    Support your local Sale Barns that in turn support local communities.

   April /May /June 2021                                                                                 South Dakota Stockgrowers Association                     11
Old Barbed Wire by Chas Fleshner

                                         Cowdog by Roxie Fox
12   South Dakota Stockgrowers Association                     April /May /June 2021
Standing Tall by Danika Gordon

      Maddie - A South Dakota Ranch Dog by Suzanne England
April /May /June 2021                        South Dakota Stockgrowers Association   13
Bale Hopping by LaRonda Gough

                        Changing Pastures In The Rain by Markus Erk
14   South Dakota Stockgrowers Association                  April /May /June 2021
Checking Me Out by Abby Finn

                    First Steps by Katrina Kolb
April /May /June 2021                        South Dakota Stockgrowers Association   15
Varilek’s
                                                    Beef Review:
    Feed costs have changed the scope                          and a decreased sow herd. China also         the packer. Legislation and studies are
for cattle producers. Years of a sideways                      has rumblings of further African swine       dominating the press as the beef industry
chop for grains came to an end challeng-                       fever issues. Higher priced pork does not    looks for answers, but we have yet to find
ing our feed procurement plans. Cost of                        hurt beef with a consumer that is already    common ground on solutions. My hopes
gains in Kansas for the month of January                       demanding high quality beef.                 are for a long-lasting vital beef industry
were said to be increased by 8.6%. Cattle                         I expect smaller cattle on feed sup-      for the long future, and that is why it is
sold in the first quarter may not have had                     ply as we progress in to 2021. Heifer        time to get involved now. We all have
the increase priced in handing out some                        slaughter is coming off a 4-year run of      disagreements, but the challenge is big
further feedlot losses.                                        increased data with a smaller cow herd in    so that is expected. We all hold a little
    We must keep grain prices more in our                      my opinion. The market will look closely     optimism for the last half of 2021. It will
sights moving forward in beef produc-                          at USDA’s reports for proof. Carcass         not be without a bumpy road. Ultimately
tion. Inflation is a buzz word for funds                       weights may finally find a decline with      we are blessed to be able to do what we
when it comes to grains and rock-solid                         the higher feed costs and better slaughter   do as beef producers, and good luck in
exports are boosting grain prices. There                       chain movement. The producer has not         the coming season.
is a lot of risk this upcoming growing                         had any leverage over the packer since the
season with decreased subsoil moisture.                        Holcomb, KS plant fire and hold hopes        Scott Varilek, Kooima Kooima Varilek
The pipeline needs to be filled after seeing                   of gaining some back when the new calf       Trading
better than expected grain sales and                           crop is next up on the finished market.
demand. Hand to mouth may not work                                Demand has been impressive to say            The risk of loss when trading futures
as well as the last several years when it                      the least during 2020. Consumers were        and options is substantial. Each investor
comes to feed needs.                                           showing their cravings of high-quality       must consider whether this is a suitable
    Pork prices are on a sharp rally with                      beef. The producer has been unable to        investment. Past performance is not
a decreased supply due to disease issues                       capture a bigger piece of that pie from      indicative of future results.
Photo by Sandy Millar on Unaplash

16                                  South Dakota Stockgrowers Association                                        April /May /June 2021
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Range Roundup:
                              Plan Now to Control Weeds with
                              Grazing Next Season
                              Pete Bauman
                              SDSU Extension Range Field Specialist

South Dakota Invasive Plants

   Canada goldenrod is a native flowering
plant in South Dakota, but it is generally
considered as a grazing ‘increaser’ and is
relatively undesirable by landowners at
high densities. Canada thistle and peren-
nial sow thistle are both common noxious
weeds in South Dakota requiring that
managers control the production and
spread of seed.
   In all three cases, poor grazing man-
agement, such as season-long grazing
or heavy soil impacts from livestock, are
often the culprit for infestations to start
or persist (Figure 1 and Figure 2). A com-                       Figure 1. Canada thistle infestation on exposed soil in a pasture.
mon assumption is that chemical appli-
cation is the only solution to weed issues
stemming from a lack of understanding
of the interaction of grazing and plant
biology. The use of targeted grazing can
help control these plants in pastures once
managers understand the importance of
timing, intensity, and livestock habits.
   Livestock will graze Canada golden-
rod, Canada thistle, and perennial sow
thistle, and the plants are nutritious at
certain times of the year. A review of
several reports and our own research
and observations confirm that at certain
times these plants have crude protein,
total digestible nutrients, and invitro dry
matter digestibility concentrations similar
to alfalfa and other common forages.
                                                                Figure 2. Areas that concentrate livestock impacts, such as water
                                                                     points and gates, can often result in weed infestations.

18    South Dakota Stockgrowers Association                                                               April /May /June 2021
When and How to Graze These Plants in South Dakota                                             Canada Thistle

                                                                                                  Nutritive value of Canada thistle is
                                                                                               perhaps the most well documented of the
                                                                                               three plants discussed here. The primary
                                                                                               issue for Canada thistle management is
                                                                                               when and how to target the plant.
                                                                                               Research from Alberta compared three
                                                                                               grazing systems for Canada thistle con-
                                                                                               trol: 1) season long, 2) low intensity - high
                                                                                               frequency, and 3) high intensity - low
                                                                                               frequency (Figure 4).
                                                                                               They found that season long grazing
                                                                                               where livestock are turned out and not
                                                                                               rotated or managed resulted in increased
                                                                                               Canada thistle populations and reduced
                                                                                               overall forage yield.

         Figure 3. A mature cow consumes Canada goldenrod in SDSU Extension trial.

Canada Goldenrod                                the bud is nipped off, leading many to
                                                assume cattle do not utilize the plant. A
   Our work here at SDSU Extension              small high intensity – short duration trial
suggests that Canada goldenrod plants           also confirmed that cattle will forage on
contain high nutritive value, with the          goldenrod extensively under restricted
tops of the plants consistently similar to      grazing in August, but it is unclear as to
alfalfa. We found that we can train cows        the long-term impact on the goldenrod
to eat Canada goldenrod and that mature         plant community (Figure 3). Grazing
cows with calves naturally utilize Canada       managers should target goldenrod plants
in early to mid-June, nipping plant tops.       in early to mid-June, prior to the onset of
This use is nearly imperceptible as the         flowering (usually late July and August).
plant continues to grow and flower after
                                                                                                Figure 5. Canada thistle grazed in mid-June.

                                                                                                  Conversely, high intensity - low fre-
                                                                                               quency grazing reduced Canada thistle
                                                                                               shoot density, biomass, and flowering and
                                                                                               resulted in greater weed suppression.
                                                                                               Two ‘intense’ defoliations of Canada
                                                                                               thistle during the growing season for
                                                                                               2 to 3 years in succession dramatically
                                                                                               reduced the Canada thistle population,
                                                                                               and the plants that remained stayed
                                                                                               vegetative (did not flower) and had higher
                                                                                               forage quality. This system proved better
                                                                                               for Canada thistle control than did low
   Figure 4. Canada thistle response to grazing systems in Alberta. SL = Season Long; SD =
      Short Duration; HILF = High Intensity – Low Frequency. At all sites, HILF resulted in    intensity – high frequency (Figure 4 and
       the best overall control of Canada thistle. Adapted from Bruijn and Bork (2006).        Figure 5).

                                                                                               Please see RANGE on page 20

April /May /June 2021                                                                  South Dakota Stockgrowers Association           19
RANGE (continued from page 19)

Short Duration – High Intensity Grazing                                                          • Mature cows will forage on Canada
                                                                                                   thistle buds in mid-June and may
   Short duration - high intensity grazing can control Canada thistle over time. The               consume a great deal of the plant at
near portion of the grazing cell in Figure 6 is likely impacted too much, and it may               certain times and for about 7 days
result in additional weed issues due to exposed soil and lack of residual vegetation.              between about June 10 and July 1.
                                                                                                   However, the exact timing of this
                                                                                                   period of more intensive use is not
                                                                                                   always predictable in this three-
                                                                                                   week period.
                                                                                                 • Cows will teach calves to forage on
                                                                                                   thistle and other plants.
                                                                                                 • Yearling cattle will learn to utilize
                                                                                                   Canada thistle if given the opportu-
                                                                                                   nity.
                                                                                                 • The key to Canada thistle control
                                                                                                   with livestock is to first stop the
            Figure 6. Pasture managed with short duration - high intensity grazing.                grazing practices that promote this-
                                                                                                   tle expansion (season long grazing,
                                                                                                   heavy impacts to soils). The second
                                                                                                   step is to concentrate animals for
                                                                                                   high-intensity-short duration graz-
                                                                                                   ing during bud stage before thistle
                                                                                                   plants flower.
                                                                                                 • Finally, I’ve also observed that live-
                                                                                                   stock often do not re-graze Canada
                                                                                                   thistle in September, even though
                                                                                                   the plants might appear green and
          Figure 7. Cattle may avoid use of Canada thistle in September, even though
                                                                                                   palatable (Figure 7). Interestingly,
                         it would appear plants are green and palatable.                           yearlings turned out into a stock-
                                                                                                   piled pasture in early October were
General Observations
                                                                                                   observed to select both dead and
                                                                                                   decadent and younger green Can-
   As a grassland manager, I have spent years manipulating and observing livestock
                                                                                                   ada thistle plants, presumably for
for Canada thistle control, and have come to a few general observations that are also
                                                                                                   their higher protein and nutrition
supported in reports:
                                                                                                   content compared to surrounding
   • Canada thistle has the potential to invade anywhere there is exposed soil. Mini-
                                                                                                   forages (Figures 8).
      mizing livestock soil damage is key in preventing new infestations.

                                                                                              Perennial Sow Thistle

                                                                                                  Perennial sow thistle is very pal
                                                                                              atable and is will be selected by cattle
                                                                                              if they are exposed to the plant at the
                                                                                              correct time of the year. Largely, this
                                                                                              information is based on observation over
                                                                                              10 years with different groups of yearling
                                                                                              cattle. I’ve observed consistent targeting
                                                                                              of perennial sow thistle from late July
                                                                                              through mid-August during the bud and
      Figure 8. A) A yearling heifer grazes on Canada thistle after a mid-October snowfall.
                                                                                              flowering stage of the plant. My observa-
                            B) A mature thistle grazed in mid-October.                        tions suggest that yearlings (and likely
20     South Dakota Stockgrowers Association                                                        April /May /June 2021
cows) will generally avoid the plant if                             tribution Map. S.D. Department of                  Pasture, R. Gilker. (2013).
grazing in a pasture with perennial sow                             Agriculture.                                   •   Forage Nutritive Value and Palat-
thistle before this time. And, if they do                       •   Canada Thistle Biocontrol. S.D.                    ability of Perennial Weeds. Marten
forage on the plant in early July, the plant                        Department of Agriculture.                         et al. (1987).
may continue to grow and flower. Howev-                         •   Integrated Pest Management. S.D.               •   Forage Value of Pasture Weeds.
er, if targeted in the late July to mid-                            Department of Agriculture.                         Oregon State University Extension.
August time period, livestock often con-                        •   Canada Thistle Plant Profile. USDA             •   Allelopathic Activity of Canada
sume the entire plant, not just the flowers,                        NRCS.                                              Thistle (Cirsium arvense) in Colo-
and thus there is very little opportunity                       •   Perennial Sow Thistle Plant Profile.               rado, Stachon and Zimdahl (1980).
for the plant to rebound, especially if re-                         USDA NRCS.                                     •   The Nutritive Value of Common
peated for several years in a row. Targeted                     •   Biological Control of Canada Thistle               Pasture Weeds and Their Relation
grazing may be necessary if there are large                         in Temperate Pastures Using High                   to Livestock Nutrient Require-
infestations, but generally cattle appear to                        Density Rotational Cattle Grazing.                 ments. Virginia Cooperative Exten-
seek out the plant during this period. Fi-                          Bruijn and Bork. (2006).                           sion Service (2009)
nally, once flowers start maturing, grazing                     •   Canada Thistle is Alfalfa’s Equal. On
selection drops off dramatically.

Additional Resources:                                                                   Brought to you in cooperation with

   • Canada Thistle: Profile, Distribution
     Map. S.D. Department of Agricul-
     ture.
   • Perennial Sow Thistle: Profile, Dis-

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April /May /June 2021                                                                           South Dakota Stockgrowers Association                        21
Blastfrom
           THE
               Past

22   South Dakota Stockgrowers Association   April /May /June 2021
Blastfrom
         THE
             Past

April /May /June 2021   South Dakota Stockgrowers Association   23
Lt. Governor Larry Rhoden ad-
dresses the SD Stockgrowers

                                       New Secretary of Game Fish And Parks, Kevin Robling

24   South Dakota Stockgrowers Association                               April /May /June 2021
House Ag Committee Chair Marty Overweg
               addresses the SD Stockgrowers

                                                        New Secretary of the Department of
                                                        Agricutlure and Natural Resources
                                                                  Hunter Roberts

      SD Commisioner of School and Public Lands
                  Ryan Brunner
April /May /June 2021                              South Dakota Stockgrowers Association     25
Stockgrowers Association, Wall Meats,
        and Edoff Ranch support Club for
             Boys with beef donation
                           A special beef delivery was made to the
                Club for Boys from a collaboration of supporters who want to
                  put locally-produced meat on the tables of local people.
                                                     By   Anya Mueller

        RAPID CITY, S.D. — Years ago, Wall Meats launched           President of the Stock Growers Association, Scott
     their Beef-to-School Program to provide nutritious beef     Edoff, donated beef from his ranch and Wall Meats
     to students, giving them an opportunity to learn about      helped to get the meat processed.
     where their food comes from.                                   The commitment to a better community is the bot-
                                                                 tom line.

                   Beef Donation to Club for Boys

         Now, as the program has grown into many schools
     and local businesses, the Club for Boys has been given
     a similar experience thanks to an organization whose
                                                                                 Scott Edoff & Tif Robertson
     roots run deep.
         Their relationship goes back to the 1970s; the Stock-
                                                                      Scott Edoff, Beef Donor & President of the
     growers Association has grown aside the Club for Boys
                                                                     StockGrowers Association, says, “Oh, it’s great,
     in Rapid City over that time. They also donate money to
                                                                     I’ve been here before and I’ve seen all the boys
     the Club for Boys.
                                                                     running and playing and stuff when we have
                                                                     donated money and it’s great. They need all
                                                                     they can get, I mean it’s a great charity, a great
                                                                     bunch. It’s really been a joint effort on a lot of
                                                                     people’s parts.”

                                                                    Mark Kline began attending the club in 1971 and has
                                                                 worked there 31 years. This donation means a lot to him.
                                                                    Meals are included in Club for Boys membership, and
                                                                 the beef donation goes to meeting one of the basic needs
                                                                 of the members – nourishment.

                   Mark Kline of the Club for Boys

26   South Dakota Stockgrowers Association                                                  April /May /June 2021
The ground beef totals over 600 pounds. Kline estimates
                                                                              it will last about seven months.

                       Beef Donation to Club for Boys

            Mark Kline, Assistant Exec. Club for Boys,
                                                                                              Beef Donation to Club for Boys
            says, “We’ve talked about two years here about
            getting local beef and how we give back to the
            community, and this is another way that we can                         Tif Robertson, the Beef to School Representative
            give back to our supporters, you know, the ag                          & Rancher, says, “It’s growing and the need is
            community. Stockgrowers have supported us for                          growing and us as local ranchers, we obviously
            a long time. It gets better beef for our kids. It’s lo-                want to get our beef out into peoples refrigera-
            cal grown, it’s 85/15 % fat so that’s a wonderful                      tors and their bellies.”
            thing and it gives jobs to the community…every
            way around it’s a good project.”

 C

           Your Cattle’s
 M

           New Year’s
 Y

CM

MY

           Resolution
           isn’t to Lose Weight
CY

CMY

 K

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      April /May /June 2021                                                              South Dakota Stockgrowers Association          27
Inheriting Firearms
         Elliot Bloom

                                              in Estate Planning and
                                              Administration
         Elliot Bloom is an attorney at the
         law firm of Beardsley, Jensen &
         Lee where he focuses his prac-       18 U.S.C. § 922(g), certain persons are      (6) who has been dishonorably dis-
         tice on estate planning, estate      prohibited from possessing ammunition            charged from the Armed Forces
         administration, agricultural law,    or firearms, which include a person:         (7) who has renounced his or her United

T
         and general civil litigation.
                                                                                               States citizenship
                                              (1) who has been convicted in any court      (8) who is subject to a court order,
T		                  here is one thing that       of, a crime punishable by imprison-          after proper notice, restraining such
		                   I consistently address       ment for a term exceeding one year;          person from harassing, stalking, or
		                   in helping clients       (2) who is a fugitive from justice;              threatening an intimate partner or
		                   prepare an estate plan   (3) who is an unlawful user of or addict-        child; and
		                   or in administering          ed to any controlled substance . . .;    (9) who has been convicted of a misde-
		                   estates: the inher-      (4) who has been adjudicated as a mental         meanor crime of domestic violence.
itance of firearms. I am not surprised            defective or who has been committed          Further, a person who is charged
given that 55.3% of South Dakotans have           to a mental institution;                     but not yet convicted of a felony is
guns in their homes according to some         (5) who is an illegal alien or admitted to       prohibited by 18 U.S.C. 922(n) from
surveys. Inheriting firearms present many         the United States under a nonimmi-           receiving a firearm through inheri-
legal issues that need to be reviewed             grant visa;                                  tance or gift.
before anyone can
just gift a nephew
or niece a specific
gun. State and
federal law are
often involved
in the process of
gifting or distrib-
uting firearms to
a person’s loved
ones.
   In mostly all
circumstances, a
review of federal
gun laws is needed
in most all cir-
cumstances in the
inheritance of fire-
arms, regardless of
where the gun or
guns are located.
Under federal
law, specifically
28     South Dakota Stockgrowers Association                                                    April /May /June 2021
South Dakota law, like many other           when they pass away. This elected person           Finally, firearms subject to the Nation-
states, encompasses the same prohibi-           is often called a personal representa-         al Firearms Act will present concerns and
tions as federal law for persons prohibited     tiveas previously described. The personal      issues in the administration or planning
from possessing firearms. In fact, South        representative is charged with the duty        of your estate. While I won’t discuss
Dakota will punish anyone with a felony         of protecting and preserving your assets,      machine guns, short-barreled rifles or
under SDCL 22-14-16 who knowingly               as well as distributing your estate to the     destructive devices that are subject to this
gives, loans, or sells a firearm to some-       designated beneficiaries or heirs. This        act, I will discuss a common accessory
one who is prohibited from possessing           person may have to possess your fire-          to firearms that is becoming more and
a firearm. However, a prohibited person         arms for a period of time before they are      more prevalent: silencers or suppressors.
may get the rights to possess a firearm         distributed to a particular heir or devisee.   The National Firearms Act does make
reinstated after a period of time, which        With this in mind, you should be mind-         it illegal for anyone to posses a silencer
will need to be reviewed in contemplating       ful of who you are electing to administer      or suppressor other than the registered
any gift to a certain individual.               your estate as this person may not be able     owner; however, under 27 CFR 479.90(a),
    Given that certain individuals are          to possess a firearm under federal or state    an exception exists for your personal
prohibited from possessing firearms, it         law as well. If this is the case, and you      representative to possess the restricted
goes without saying that these individuals      have not named a successor personal rep-       accessory during the administration of
cannot lawfully inherit firearms. This          resentative, a court determination will be     your estate. Because of the previous
means that the person you have elected          needed to appoint an alternative personal      restriction, it has become increasingly
to administer your estate, or personal          representative, which may increase the         popular for individuals to set up a “gun
representative, will have to go through the     cost of administering the estate.              trust” for the ownership of silencers or
elaborated task of finding out whether the          Persons prohibited from possessing         suppressors. Otherwise, an inheriting heir
gift of the firearm lapses, goes to another     firearms are not the only individuals that     of a silencer or suppressor will need to get
beneficiary, or if the firearm will have to     cause issues in the inheriting of firearms.    approval from the ATF before a transfer
get sold and the money distributed to the       If a beneficiary of your firearm is located    can occur. It becomes very important that
individual prohibited of possessing the         in another state, your personal represen-      if you do have silencers or suppressors,
firearm. Regardless, the personal repre-        tative will have to be aware that other        you keep a detailed list of such items so
sentative would be taking actions against       state and federal laws may apply. While        that your personal representative may
your intent in wanting the firearm to be        federal law generally prohibits the transfer   properly assess how to properly distribute
distributed to a particular individual.         of guns between persons in different           to your intended beneficiary.
    Additionally, if your personal represen-    states unless going through a licensed             The inheritance of firearms can be-
tative is unaware that your beneficiary is a    dealer, there is an exception that permits     come a complicated process to consider
person prohibited from owning a firearm,        personal representatives of an estate to       in planning or administering your estate.
the personal representative could be in         distribute firearms to your heirs across       The process needs to be addressed given
violation of federal and South Dakota law,      state lines without violating federal law.     the multiple state and federal laws that
subjecting themselves to prosecution.           However, the personal representative still     may be in play. So, I urge everyone to
There are no exceptions to SDCL 22-14-          needs to be mindful that the state law of      consider the persons you intend to ap-
16 mentioned above. Therefore, everyone         the heir may apply. For example, some          point in administering your estate or the
should be mindful of the beneficiaries          states require the registration of firearms,   persons you intend to receive a firearm
that they are choosing to inherit their         require permits or other identification        when you pass away, as your intentions
firearms after they pass away to prevent        to possess firearms, prohibit firearms in      and wishes may not be fulfilled depending
your personal representative from making        certain locations, prohibit certain types of   on the person, type of firearm, or the state
a crucial mistake.                              firearms, prohibit certain individuals from    law that may apply.
    Indeed, it is a crime for particular per-   possessing firearms different than those in
sons to possess firearms, or for persons        your own state, restrict the transportation       The views and opinions expressed in
to gift guns to particular individuals;         of firearms or ammunition, or restrict         this article are not intended to constitute
however, the prohibition on certain indi-       how firearms are stored. Thus, it becomes      legal or tax advice, are those of the author,
viduals having access to firearms needs         vital to know the laws of the state that the   and do not reflect the policy or position of
even more consideration when executing          heir is located in to anticipate any issues    the South Dakota Stockgrowers Associa-
your estate plan. Every person elects one       that may deter your personal representa-       tion or Beardsley, Jensen & Lee, Prof. LLC.
or two people to administer their estate        tive from carrying out your wishes.
April /May /June 2021                                                              South Dakota Stockgrowers Association              29
30   South Dakota Stockgrowers Association   April /May /June 2021
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