August 27, 2014 Comments are off Montana Stockgrowers Association
Share:

EPA changes to Waters of U.S., Beef Sustainability and Checkoff Increases | Podcast

solar filled water tankOn today’s post we follow up with a podcast from the recent summer cattle industry conference held in Denver, Colorado. A broad range of issues were discussed at the meeting, but the subject drawing the most conversation was EPA‘s proposed changes to the Waters of the U.S. rule. We provided a preliminary analysis of the proposed rule changes in an earlier blog post. Click here to read more.

Ariel Overstreet-Adkins, who has been working on comments for the issue on behalf of MSGA, attended the meeting and shared a few comments. “Some of the major concerns the panelists brought up are some of the same concerns we’ve had while looking at this proposal. These include the broad definition of tributary, the change of definition of adjacent to include all waters and not just wetlands, and a really undefined catch all of other waters. Across the board, this rule seems to increase uncertainty, even though the EPA says they’re trying to make things more certain. We believe this is going to be costly for many industries across the U.S. and not just agriculture.”

The Property Rights and Environmental Management committee members also passed a resolution to lead the development of a beef sustainability program, inclusive of the beef value chain and stakeholders, which addresses the continued advancement in areas such as economic viability, production efficiencies, animal care and handling, environmental conservation, human resources and community support. MSGA believes this is a positive move for the industry to establish and verify sustainable practices most ranchers already utilize.

The Cattlemen’s Beef Board and Committees concerning the Beef Checkoff also held meetings while in Denver. One of the highlights of those meetings comes from a working group looking at the proposed Checkoff increase to $2 per head. Several industry groups are working together on a proposal for changes.

Listen to the podcast below for more on these topics. This is just the second portion of our podcast covering the recent summer industry meetings in Denver. Stay tuned for our next podcast where we’ll talk about important policy issues discussed during the meetings, including cattle health issues including disease concerns surround the import of foreign beef and changes to the FDA’s antibiotic labeling rules. We’ll also find out more about CattleFax’s outlook for the cattle industry.

August 21, 2014 2 Comments Montana Stockgrowers Association
Share:

Preliminary analysis of EPA/Corp’s Waters of the U.S. Proposed Rule

environmental protection agency epa logoAriel Overstreet-Adkins, MSGA legal/policy intern, has been working this summer to evaluate the EPA WOTUS rule changes. To learn more, contact the MSGA office, (406) 442-3420. To submit comments, visit www2.epa.gov/uswaters before October 20, 2014.

MSGA is currently undertaking a comprehensive legal analysis of the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) proposed change regarding the definition of Waters of the U.S. (WOTUS) under the Clean Water Act (CWA). We hope to have our comments drafted by the end of August  to provide members with guidance about submitting your own comments, which are due by October 20. The proposed language itself is only about a page and a half in length. [View our online newsletter to read] The language would apply to 12 different sections in the Code of Federal Regulations. MSGA is also engaging with the Interpretative Rule that accompanied this proposed rule (see side bar).

One thing is certain as MSGA engages in a preliminary analysis; this proposed rule does not achieve the EPA and Corps’ goals of clarity and simplicity. There are many ambiguous words and phrases that could be interpreted in any of a number of ways. Our main areas of concern are on the definition of tributary which would include ditches. There are a couple of exemptions as it relates to ditches, but we are unsure how applicable those will be in Montana. Important words in the proposal are not defined, such as “upland,” “significant” in significant nexus, “other waters,” and “through another water.” The role of groundwater is also a murky area. While the EPA claims this rule does not regulate groundwater (and the CWA itself specifically says it does not) the new rule proposal includes language about “shallow subsurface hydrologic connection” between two bodies of water. That phrase is not defined and leaves confusion about the role of groundwater, whether it is regulated under this proposal, or if it can be used to establish a connection between two bodies of water with no surface connection for the sake of regulation.

Our biggest question at this point is what are we doing so poorly in the state of Montana that the EPA feels they need to obtain more jurisdiction over our waters? We have strong laws and regulations in the Montana and ranchers work hard to protect the land and the water that is so vital to their everyday operations. Our constitution recognizes and confirms existing rights to any waters for any useful or beneficial purpose and states that “all surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.” (Article IX, Section 3(3)).

MSGA will continue to grapple with these questions as we analyze this proposed rule and its potential impacts on ranching in Montana. Earlier this month, MSGA staff attended the Montana Legislature’s Water Policy Interim Committee in Helena where this rule was discussed. Staff also had an excellent conversation with Senator Jon Tester’s staff about the proposed rule and our concerns.

To read the full proposal and other documents (including the EPA’s scientific and economic analyses); visit the EPA’s website at www2.epa.gov/uswaters.  If you have any questions or comments about the proposal, especially comments about how this proposal might affect you personally, please call Ariel at (406) 930-1317 or send an email to [email protected].

August 13, 2014 Comments are off Montana Stockgrowers Association
Share:

Daines Discusses Issues With Montana Agriculture Groups

Congressman Steve Daines answers questions from local television reporters prior to a meeting with Montana agricultural groups at the Stockgrowers office on August 7, 2014

Congressman Steve Daines answers questions from local television reporters prior to a meeting with Montana agricultural groups at the Stockgrowers office on August 7, 2014

Things were busy as we had several visitors at the office on Thursday afternoon, August 7. Congressman Steve Daines stopped by the Montana Stockgrowers’ office as a part of his agricultural tour across the state during the legislative August recess.

Daines met with a number of representatives from Montana’s agricultural coalition to discuss priority issues that are of concern for the state’s farmers, ranchers and rural communities. Representatives from the Grain Growers Association, Agricultural Business Association, Grain Elevators, Montana Livestock Ag Credit were on hand for the meeting. Stockgrowers staff also represented Public Lands Council and the Association of State Grazing Districts.

Each group had the opportunity to bring forward issues affecting their membership in an effort to help Daines stay up-to-date on critical matters impacting the state’s rural residents. Topics discussed included:

  • EPA’s Waters of the U.S. proposed ruling and its impact on farmers and ranchers across the state. Daines noted that this has been the number one issue for the agriculture community as he has traveled across the state. (Click here for MSGA’s preliminary analysis)
  • The importance of neonicotinoids use as a seed treatment and crop protectant for wheat growers was a concern, especially as it relates to criticisms of being associated with declining beef populations.
  • Grain elevators are concerned about increased inspections and fines imposed from OSHA. Elevator operators appreciate the emphasis on safety, but would like to see more cooperation from OSHA on compliance issues and information.
  • Rail transportation for grain growers across the state continues to be an issue of great importance as competition increases for exporting the state’s commodities. Rail backlogs, price competition, and union strikes at sea ports continue to put a strain on moving grain, especially as summer and fall harvests progress.
  • Implementation of Farm Bill programs through FSA offices continues to be a priority for farmers and ranchers across the state. Importance is placed on information sharing between FSA and producers to make sure available programs are implemented in a timely manner.
  • As cattle prices continue to reach record levels, access to operating capital is a growing concern for producers and banking institutions. Importance in placed on making sure banking and financial regulations are not a burden on banks being able to provide for their customers.
  • For cattle and sheep producers across the state, cooperation with federal agencies is important for access to grazing lands. Producers want to ensure their allotments are not threatened by retirement of the agreements.
  • Listing of the sage grouse as an Endangered Species continues to concern the state’s ranchers. Montana’s state sage grouse plan is due out this Fall and the state needs time to implement the plan and have time to showcase the effects before 2015 implementation of the federal rule.
  • Management of weed control, along with conifer and sagebrush encroachment on rangelands continues to be an important issue for grazing allotments on U.S. Forest Service lands. Concerns were raised about USFS budgets for these issues and allowance for wildfire control to be treated partially as natural disaster budget issues.

Prior to meeting at the Stockgrowers office in Helena, Congressman Daines spent the morning with Townsend rancher, Dusty Hahn. Hahn gave Daines a hands-on look at issues affecting central Montana ranches, including grazing leases on private and public lands, management of irrigation projects and raising livestock on a family operation.

The Montana Stockgrowers looks forward to continued work with all of our Congressional leadership and cooperative efforts with all members of the state’s agriculture coalition to address issues affecting Montana’s farming and ranching communities.

To learn more about our legislative and policy efforts, visit mtbeef.org or contact the MSGA office in Helena, (406) 442-3420.