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NCBA and PLC Support the Modernization of Endangered Species Act

National Cattlemens Beef USA logo(via NCBA Beltway Beef) The Endangered Species Act has become one of the most economically damaging laws facing our nation’s livestock producers. When species are listed as “threatened” or “endangered” under the ESA,the resulting use-restrictions placed on land and water, the two resources upon which ranchers depend for their livelihoods, are crippling.The ESA has not been reauthorized since 1988 and is in great need of modernization.

The National Cattlemen’s Bee Association and the Public Lands Council support all attempts to modernize and streamline the ESA and have provided several recommendations to Congress. The House of Representatives Endangered Species Act Congressional Working Group released a report in February 2014 which gave several recommendations for ESA improvements.The report concludes that the ESA “while well-intentioned from the beginning,must be updated and modernized to ensure its success where it matters most: outside of the courtroom and on-the-ground. ”The working groups’ recommendations echo our organizations’ recommendations.

NCBA and PLC submitted a letter of support this week for four bills that are a direct result of the findings that are covered in the working groups’report.

H.R.4315, the 21st Century Endangered Species Transparency Act introduced by Representative Doc Hastings (R-WA),requires data used by federal agencies for ESA listing decisions (including proposed listings) to be made publicly available and accessible through the Internet. The public should be able to see the information that their government is using to make listing decisions that ultimately affect everyone.

H.R.4316, the Endangered Species Recovery Transparency Act introduced by Representative Cynthia Lummis (R-WY), requires the Interior Secretary to report and comprehensively track ESA litigation costs, including attorneys’ fees, and post it on the internet. We must hold people accountable for the monetary resources,taxpayer money that is spent.

H.R.4317 the State, Tribaland Local Species Transparency and Recovery Act introduced by Representative Randy Neugebauer (R-TX),requires the federal government to disclose to affected states all data used in ESA prior to any listing or proposed listing decision. It also ensures that “best available scientific and commercial data” used by the federal government will include data provided by affected states, tribes,and local governments.

H.R.4318, the Endangered Species Litigation Reasonableness Act introduced by Representative Bill Huizenga (R-MI),caps hourly fees paid to attorneys that prevail in cases filed under ESA, consistent with current law under the Equal Access to Justice Act.Currently, no cap on attorney fees exists under the ESA allowing attorneys to be awarded massive sums of taxpayer money.

The ESA,while designed to protect species from endangerment of extinction, has proven itself o be ineffective and immensely damaging to our members’ ability to stay in business. Less than two percent of species placed on the endangered list have ever been deemed recovered.

Environmental activist groups’ list-and-litigate routine costs not just producers, but taxpayers, as well.These groups have a habit of suing the federal government to force the listing of a species,then suing to prevent species delisting—even after recovery goals have been met.Their legal expenses are often reimbursed by the American taxpayer. It is no small wonder when environmental radicals can keep themselves well-funded by a seemingly endless stream of taxpayer dollars that so many species have been listed and so few have been delisted. While not a complete fix, these four bills take some of the necessary steps to repairing this broken law.

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House Agriculture Committee Holds Hearing on the State of the Livestock Industry

House Agriculture Committee(via NCBA, Beltway Beef) The House Committee on Agriculture hosted a hearing last week to review the state of the livestock industry. Representing the National Cattlemen’s Beef Association, the North American Meat Association and Harris Ranch, Mike Smith came to D.C. to discuss the beef industry.

Smith works for Harris Ranch, one of the nation’s largest family-owned agribusinesses in the western United States. A diversified company, Harris Ranch feeds roughly 250,000 head of cattle each year and operates one of the largest feedlots in the U.S., as well as farming over 17,000 acres, operating one of the largest thoroughbred horse farms, and running a 150-room inn and restaurant complex.

Noting the hard times the beef industry has faced over the past few years, Smith discussed five issues directly impacting the industry: drought, federal regulations, taxes, trade and country-of-origin labeling.

Hailing from California, Smith said he is all too familiar with the lack of water plaguing the U.S. California is facing the worst drought in recorded history and federal and state regulations to restrict water allocation has only made the drought worse for farmers and ranchers. The Endangered Species Act severely restricts water access and has caused hardship for many producers across the country, Smith said.

“It’s not just the ongoing drought that is hurting our industry,” Smith said. “The onslaught of Federal rules and regulations continue to put pressure on the growth of America’s cattle herd. In California, we are already subject to more rules and regulations than any other cattle producing state. These state rules are compounded by the rules coming from agencies such as the EPA.”

EPA’s proposed rule to redefine the Waters of the United States has raised concerns about the expanding jurisdiction the EPA and the U.S. Army Corps of Engineers. Under this proposal, it is likely some cattle producers will have to file for a permit to conduct activities on their private property.“Effectively, this amounts to a huge land grab by EPA and directly threatens long-established private property rights,” said Smith.

Another area of concern is transportation. Obsolete and ridiculous rules such as the U.S. Department of Transportation’s “30-minute” rule endangers the welfare of livestock by stopping the airflow through the trailer, causing added stress to the cattle, said Smith. Similarly, by adding an additional axle, increased truck weights would allow more cattle to be shipped with fewer truck loads while causing less wear and tear on roads and bridges than there is now. Smith urged the Congress to address transportation reauthorization and look at ways to maximize shipping capabilities.

Addressing the issue of taxes, Smith said that is extremely important that Congress take urgent action to make permanent the tax extenders package made up of the tax provisions which expired in 2013 – particularly the section 179 at a level of $500,000. Section 179 allows producers to who purchase new equipment to depreciate the value quicker at a larger amount.

“We can’t talk about taxes without mentioning the Death Tax,” said Smith. “Even though Congress made improvements to the Death Tax provisions at the end if 2012, we still full repeal. In order to make sure that a future Congress does not revert back to the $1 million exemption, it is imperative that we finally repeal the Death Tax once and for all.”

Trade has been a top priority for the cattle industry. International markets give the mature and developed cattle industry more opportunity for expansion as countries with an increasing middle class have more disposable income and want a higher quality diet. Ongoing negotiations to conclude the Trans Pacific Partnership will define beef trade between the U.S. and Japan. Smith said support of a TPP deal should only come if the tariffs Japan is demanding are eliminated. Trade agreements are currently worth roughly $300 per head, nearly 20 percent of fed cattle’s overall value. Trade is important, and should be based on sound science, said Smith. USDA’s Animal and Plant Health Inspection Service has proposed a rule that would allow certain states within Brazil to ship fresh and frozen beef into the United States. Smith explained that the issue is Brazil still has a problem with Foot-and-Mouth Disease, an economically devastating disease the U.S. eradicated in the early 1900’s.

Even more concerning, said Smith, is that APHIS does not seem to be adequately prepared for this proposed rule. Many of the documents used to formulate the proposed rule were in Portuguese with no translation and many of the documents requested through the Freedom of Information Act were not received.

Wrapping up his testimony, Smith explained the burden of country-of-origin labeling. Proponents of COOL have long said that mandatory labeling would cause the U.S. consumer to pay more for U.S. beef, but five years of implementation has proved the opposite. Kansas State University conducted a study on COOL which showed the vast majority of consumers do not even look at the COOL label when buying beef. On top of that, COOL has caused two of our largest trading partners to file a case with the World Trade Organization against the United States. If they win, they will be able to retaliate against the beef industry.

“If we lose access to those markets, or they are restricted by the enactment of tariffs, that will have a negative impact on all U.S. producers,” said Smith. “We remain perplexed why our government wants to hurt our industry for a simple marketing program that has proven to be ineffective. COOL is all about marketing and has absolutely nothing to do with food safety. Those who use that argument know nothing about the food safety protocols in this country.”

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Montana Stockgrowers Leadership Meeting Senator John Walsh Washington D.C.

Senator meets with Montana Stockgrowers, discusses concerns affecting ranchers

Montana Stockgrowers Leadership Meeting Senator John Walsh Washington D.C.

Pictured from left to right are Gene Curry (Valier),Tucker Hughes (Stanford), Sen. Walsh, Watty Taylor (Busby),Errol Rice (Helena), Tom Hougen (Melstone),Wanda Pinnow (Baker).

(The following is a press release from U.S. Senator, John Walsh) – Senator John Walsh today announced that starting Tuesday, April 15, Montana farmers and ranchers can sign up for disaster assistance programs.

The disaster assistance programs will be implemented by USDA, bringing long-awaited relief for many livestock producers. The Livestock Indemnity Program (LIP) and Livestock Forage Disaster Program (LFP) will provide payments to eligible producers for livestock deaths and grazing losses for calendar years 2012forward.

 “Montana’s farmers and ranchers not only generate the most economic growth in our state, they generate some of the best products in the world,” said Walsh.  “News of the enrollment period for the disaster assistance program is welcome, but far overdue. I will continue to bring Montana’s voice to the Senate and I will continue to fight against FSA office closures that could prevent Montana’s farmers and ranchers from enrolling in the disaster relief program or accessing other resources they rely on.”

Disaster assistance, possible Farm Service Agency (FSA) office closures, sage grouse, and the effects of diseases on Montana livestock were discussed during a meeting Walsh had today with representatives of the Montana Stockgrowers Association.

During the meeting with Montana Stockgrowers, Walsh highlighted the beginning of this enrollment period and discussed the negative consequences if the Obama Administration’s plan to close 250 FSA offices goes through.  Last week, Walsh wrote to the leaders of the appropriations subcommittee with jurisdiction, urging them to maintain funding for the FSA offices and block the Administration’s proposal.

The Stockgrowers also expressed their concern over the effects of bovine brucellosis on Montana’s livestock, and the possibility of using federal funds to research the disease in cattle.

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EPA and Army Corps Proposal Expands Clean Water Act Jurisdiction

National Cattlemens Beef USA logoWASHINGTON (March 25, 2014) – Today, the U.S. Environmental Protection Agency (EPA) and the Army Corp of Engineers (Corps) proposed an expansion of their federal authority over “waters of the United States.” The National Cattlemen’s Beef Association (NCBA) is deeply concerned by this vast overreach by the EPA and the Administration. Under this expansion, essentially all waters in the country would be subject to regulation by the EPA and the Corps, regardless of size or continuity of flow.

Listen to the Podcast: Beltway Beef Audio -Ashley McDonald, NCBA environmental counsel, discusses the proposed rule by the EPA and the Army Corp of Engineers to expand Clean Water Act jurisdiction and the potential impacts to cattlemen and women.

“This is a step too far, even by an agency and an administration notorious for over-regulation,” said NCBA President Bob McCan, Victoria, Texas cattleman. “This proposal by EPA and the Corps would require cattlemen like me to obtain costly and burdensome permits to take care of everyday chores like moving cattle across a wet pasture or cleaning out a dugout. These permits will stifle economic growth and inhibit future prosperity without a corresponding environmental benefit. This proposed regulation and the burdensome federal permitting scheme will only hinder producers’ ability to undertake necessary tasks and, in turn, result in an exodus of ranchers from the field.”

Almost all activities on our open land will now touch a “water of the United States” under the expanded definition. For the first time, ditches are included in the definition of a “tributary” and now will come under federal jurisdiction. Activities near a jurisdictional ditch will now require a federal permit. Many cattle operations will be required to get Sec. 402 National Pollutant Discharge Elimination System (NPDES) permits, Sec. 404 Dredge and Fill permits or Sec. 311 Spill Prevention Control, and Countermeasure (SPCC) spill plans.

“NCBA policy states we oppose expanding federal authority over non-navigable waters,” McCan said. “This proposal flies in the face of the Constitution and the Supreme Court’s interpretation of the EPA and Corps’ jurisdiction under the Clean Water Act. It takes the authority Congress granted EPA beyond the scope of Congressional intent. This is an illegal act by the EPA, and we will defend the rights of our members and producers.”

The proposal will be open for public comment for 90 days. NCBA will submit comments on behalf of the over 175,000 producers it represents.

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The National Cattlemen’s Beef Association (NCBA) has represented America’s cattle producers since 1898, preserving the heritage and strength of the industry through education and public policy. As the largest association of cattle producers, NCBA works to create new markets and increase demand for beef. Efforts are made possible through membership contributions. To join, contact NCBA at 1-866-BEEF-USA or [email protected].

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House Passes Water Rights Protection Act

WASHINGTON – The Public Lands Council and the National Cattlemen’s Beef Association hail the passage of the Water Rights Protection Act (WRPA), H.R. 3189, by the U.S. House of Representatives by a 238 to 174 vote. Introduced by Congressman Scott Tipton (R-Colo.), the legislation reiterates the limits to federal agency jurisdiction of water.

H.R. 3189 comes as a means to combat the Federal Government by way of the United States Forest Service and the Bureau of Land Management from seizing water rights in exchange for land use permits, without just compensation. An issue that arose in a USFS directive applicable to ski areas was seen by industry as an issue that could threaten all water users, including ranchers, as they depend on water rights on public and private land to keep their businesses viable.

“With 40 percent of the western cow herd spending some time on public lands, the ability to have secure water rights is imperative, not only to producers but to the economy,” said NCBA President Bob McCan, a rancher from Victoria, Texas. “This legislation is a commonsense bill that provides certainty to ranchers and leaves water management to the states where it belongs. The federal agencies must be accountable to citizens and the states and cannot, at will, circumvent state water laws at the expense of landowners.”

The legislation will prohibit the Secretary of the Interior and the Secretary of Agriculture from requiring the transfer of water rights without adequate and just compensation. Additionally, the bill supports long-established state water laws, clarifying that the federal government does not have jurisdiction.

“Our members face the same threats as ski companies do—perhaps with more at stake as they are individuals and families depending on these water rights for their livelihood”, said PLC President Brice Lee, a rancher from Hesperus, Colo. “It is important to include all industries that may be impacted, to keep our rural communities thriving. Rep. Tipton’s bill accomplished the purpose of protecting all water right holders, including ranchers.”

PLC and NCBA supported an amendment by Rep. Tipton that made revisions to the legislation which clarified the intent of the bill. We opposed an amendment by Rep. Jared Polis (D-Colo.) that would have severely limited the legislation to become applicable only to ski operations, eliminating the efficacy of the bill for ranchers.

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Young Farmers and Ranchers Call on the Capitol

Young Farmers and Ranchers at the Capitol Montana MFBF – Twenty young farmers and ranchers from across the state had the opportunity to sit in on hearings, have breakfast with legislators and meet with various state agencies during the Montana Farm Bureau Young Farmers and Ranchers (MFBF YF&R) and/Montana Young Stockgrower’s Calling on the Capitol Feb. 24-25 in Helena.

“The legislative breakfast provided a great opportunity to sit down and visit with your local legislator about any concerns,” noted Aaron Phipps, who sits on the MFBF YF&R Committee. He and his wife, Mollie, attended the event. “You really see how important agriculture is to Montana when you travel to Helena for the session. The legislators are very interested in what we have to say.”

The group met with the deputy director of Fish, Wildlife and Parks, with Montana State Veterinarian Marty Zaluski and Dept. of Livestock Executive Officer Christian MacKay, as well as with President of the Senate Jim Peterson and Speaker of the House Mike Milburn.

“I can’t stress enough that you must become an advocate, if you are going to protect your rights as a property owner and ag producer,” advised Milburn. “There are a lot of tough issues out there, like the current eminent domain one. There is a real need for transmission lines, but at the same time, the rights of the property owner need to be met.”

Peterson said as he looked around the room of young producers, he was very optimistic about agriculture, the state’s largest industry. “It seems agriculture is what’s going to lead this state out of its economic depression,” Peterson said. “This is the first time in a long time that agriculture is leading this show and you young people are the ones who are going to lead.”

In addition, they learned about working with the media and legislators in a session conducted by Ariel Overstreet, MSGA and Nicole Rolf, MFBF.

Overstreet encouraged the group to accept media interviews, gave them tips on getting their message across, and how to put a positive face on a story. Rolf told the group that before they testified, “Read the bill, make sure your comments are relevant, be factual, and tell your story in a concise manner.”

“This was an amazing opportunity to sit in on the hearings and see the legislative process in actions. Several of our group testified on a predator bill,” noted Charlie Rein, chair of the Montana Young Stockgrowers’ from Big Timber. “We were able to sit in the gallery and watch the Senate floor session, another really good experience. I feel privileged to have been able to meet one-on-one with our legislators, talk directly to agency leaders, and even have a guided tour the Capitol during this excellent event.”