TO: NCBA/PLC Officers, Executive Committee, Board of Directors, and State Affiliates
FROM: Ethan Lane, Sr. Executive Director, PLC/NCBA Federal Lands & Scott Yager, Chief Environmental Counsel, NCBA
DATE: Wednesday, May 15, 2019
RE: FY2020 Interior-EPA Appropriations Bill Released
Last night the House Appropriations Subcommittee on Interior, Environment, and Related Agencies released their draft of the FY20 appropriations bill. This afternoon, the bill was marked up out of the Subcommittee and will now go to the Full Committee for a markup in the coming weeks. This legislation increases discretionary spending by $1.7 billion over FY19 levels, with $883 million more going to the Department of the Interior (DOI), $672 million more for the Environmental Protection Agency (EPA), and $168 million more to the National Parks Service (NPS). With respect to DOI and NPS, the majority of those additional funds are earmarked to address the $16 billion maintenance backlog across federal holdings. The Environmental Protection Agency saw large funding increases over FY19 levels, but many of the emissions reporting riders from previous years were excluded in this bill.
In general, there are few red flags contained in this draft, but we are continuing to comb through the minutia of the bill for hidden provisions. We will keep you apprised of new developments moving forward, as there is still potential for harmful amendments from ant-grazing Members of Congress in either the Full Committee markup or during floor action. While there is no limit to the types of hostile amendments we could see, some that we are especially looking out for are grazing fee surcharges and unfair targeting of the ranching industry similar to what we saw from Rep. Ruben Gallego (D-AZ) during debate on the 2018 Farm Bill. A copy of the bill is attached and a more complete breakdown of key accounts is included below:
DEPARTMENT OF THE INTERIOR AND U.S. FOREST SERVICE
Wild Horse and Burro Program
The bill allocates $6 million to the Wild Horse and Burro Program for a pilot project examining the efficacy of the proposal crafted by NCBA, PLC, Farm Bureau, the Society for Range Management, ASPCA, the Humane Society of the United States, and Return to Freedom. This is in stark contrast to our initial request of 50 million additional dollars to carry out the provisions of the proposal. We will continue to work with House appropriators throughout the markup and amendment process, as well as with Senate appropriators, to reiterate the urgent need for immediate and drastic action to curb wild horse and burro overpopulation on western rangelands.
In addition, the Forest Service was previously not beholden to the same sale-without-restriction prohibition as the BLM. This allowed for sales of horses gathered off the Modoc National Forest last year. House Democrats have included in this bill a provision to restrict sale-without-limitation for the Forest Service as well.
Grasslands Grazing Credit
The bill contains a new provision in the Forest Service section, which would give a credit, up to 50%, to grasslands grazing permittees or grazing associations who have implemented conservation practices on their allotments. This is an interesting new proposal, and we are partnering with the Association of National Grasslands, a PLC affiliate, to determine the best path forward for this provision.
No changes were made to Range Improvement funding or the formula for grazing fee revenue distribution.
Payment in Lieu of Taxes
The PILT program is funded at the FY19 level of $500 million.
Land and Water Conservation Fund
After being permanently reauthorized in the lands package earlier this year, appropriators have opted to increase LWCF funding across all the federal land management agencies.
Wildland Fire Management
Firefighting at the Department of the Interior is funded over FY19 levels at $952 million, of which $194 million is dedicated to fuels management and $20 million is for burned area rehabilitation. For the Forest Service, $2 billion is appropriated to firefighting efforts.
Greater Sage Grouse
The current rider prohibiting listing the Greater Sage Grouse under the ESA is not included in this bill.
Gray Wolf Delisting
Neither of the provisions which have typically been included regarding gray wolves are present in this bill. The need for the typical provision which compels the Fish and Wildlife Service (FWS) to delist the wolf range-wide is unnecessary in light of the Proposed Rule from FWS to that effect (this is also a good reminder to submit comments on that rule at policy.ncba.org). The other usual provision requires the FWS to re-issue the delisting rules from 2012 and 2013 for the Wyoming and Western Great Lakes populations, and is not included.
ENVIRONMENTAL PROTECTION AGENCY
Greenhouse Gas Reporting
The current rider prohibiting the EPA from implementing the GHG reporting mandate for manure management systems is not included in this bill.
Clean Air Act Title V Permits
The current rider prohibiting the EPA from promulgating a Title V permit for GHG emissions from livestock is not included in this bill.
Clean Water Act 404 permits
The current rider prohibiting the Army Corps from implementing the 404 permit for otherwise excluded agricultural and ranching activities is not included in this bill.
Ethan Lane Scott Yager
Sr. Executive Director Chief Environmental Counsel
Public Lands Council & National Cattlemen’s Beef Association
National Cattlemen's Beef Association Center for Public Policy
Center for Public Policy The Pennsylvania Building
The Pennsylvania Building 1275 Pennsylvania Ave NW, Suite 801
1275 Pennsylvania Ave NW, Suite 801 Washington, DC 20004-1701
Washington, DC 20004-1701 (202) 879-9102 | C: (202) 640-9481
O: (202) 879-9126 | C: (602) 320-3220 firstname.lastname@example.org
NCBA Welcomes Legislation Aimed to Help Livestock Haulers
WASHINGTON (May 1, 2019) – The National Cattlemen’s Beef Association today welcomed the introduction of legislation in the U.S. Senate aimed at reforming federal Hours of Service (HOS) rules in a way that ensures animal welfare, highway safety, and the well-being of livestock haulers. S. 1255, the Transporting Livestock Across America Safely Act, was introduced by Senator Ben Sasse (R-NE) with a bipartisan group of original cosponsors, including Senators Deb Fischer (R-NE), Kevin Cramer (R-ND), Jim Risch (R-ID), Steve Daines (R-MT), Marco Rubio (R-FL), Jon Tester (D-MT), Tina Smith (D-MN), Mike Crapo (R-ID), Pat Roberts (R-KS), Cindy Hyde-Smith (R-MS), Jerry Moran (R-KS), Doug Jones (D-AL), John Hoeven (R-ND), Mike Rounds (R-SD), Mike Braun (R-IN), Mike Enzi (R-WY), Joni Ernst (R-IA), and James Lankford (R-OK).
“The current Hours of Service rules for livestock haulers present major challenges for our industry and can often jeopardize the health and well-being of livestock,” said Colin Woodall, NCBA’s senior vice president of government affairs. “Hauling livestock is inherently different than hauling typical consumer goods, like paper towels or bottles of water. Live cattle cannot simply be left unattended in a trailer – especially in very hot or cold weather – for extended periods of time. This bill recognizes the unique needs of livestock haulers, and we are grateful for the continued support of Senator Sasse and the other co-sponsors.”
NCBA helped secure a delay from the implementation of Electronic Logging Devices (ELDs) for livestock haulers until September 30, 2019. However, the need for a long-term fix and increased flexibility for livestock haulers remains. In addition to working with allies on Capitol Hill, NCBA submitted a petition to the Department of Transportation (DOT) requesting changes to the HOS rules for livestock haulers.
The summary of S. 1255, the Transporting Livestock Across America Safely Act, is as follows:
• Provides that HOS and ELD requirements are inapplicable until after a driver travels more than 300-air miles from their source. Drive time for HOS purposes does not start until after 300-air mile threshold.
• Exempts loading and unloading times from the HOS calculation of driving time.
• Extends the HOS on-duty time maximum hour requirement from 11 hours to a minimum of 15 hours and a maximum of 18 hours of on-duty time.
• Grants flexibility for drivers to rest at any point during their trip without counting against HOS time.
• Allows drivers to complete their trip – regardless of HOS requirements – if they come within 150-air miles of their delivery point.
• Ensures that, after the driver completes their delivery and the truck is unloaded, the driver will take a break for a period that is 5 hours less than the maximum on-duty time (10 hours if a 15-hour drive time).
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@example.com.
Ed Frank, 202-879-9125, firstname.lastname@example.org
Max Moncaster, 202-879-9124, email@example.com
NCBA’s Young Cattlemen’s Conference Trip Opportunity
The NCBA Young Cattlemen’s Conference, held May 29 - June 7, is a great opportunity for cattlemen and women between the ages of 25 and 50 to visit segments of the beef industry in other parts of our nation with young cattlemen and women from other states. For more details visit the event’s website here. This year, the Washington Cattlemen’s Association (WCA) will fund one participant to travel to the event. Fill out an application for this awesome opportunity. Completed applications must be received at the WCA office by April 20, 2019.
LEGISLATIVE UPDATE – Livestock ID – SB 5959 Warnick HAS PASSED THE LEGISLATURE
By: Mark Streuli
Beef day was a HUGE success in so many ways yesterday. Not only did the industry really do itself proud serving some fantastic tri-tip to legislators and staff, but I am finally pleased to report that SB 5959 was passed off the House floor yesterday without any amendments (the committee amendment we were concerned about was removed from the bill). As everyone knows, when it comes to legislation this year, this has been our number one priority. There are so many to people to thank because so many WCA members chipped in to help along this journey, but we certainly wouldn’t be where we are without President Sam Ledgerwood, the WCA Executive Committee and Executive Vice President Sarah Ryan. They aren’t the kind to go looking for thanks, but they sure do deserve it. A HUGE shout-out to them!!
Many legislators helped us on this journey, but a few really made the difference in pushing this across the line, including Senator Warnick, Representative Kretz and Representaive Blake. They really deserve our thanks and appreciation. In addition, please thank WSDA director Derek Sandison. He stood with us at critical times on this, when it could’ve easily gone a different direction. Thank you Director!
Don’t hold back – please send them a note of appreciation:
Brian.firstname.lastname@example.org (Chair of House Ag Committee)
Derek.email@example.com (Director of Agriculture)
In addition, you can get your legislators email here to thank them for their support after you see the final roll call on the bill below– here is a link to their phone numbers and addresses - https://app.leg.wa.gov/Rosters/Members
Yeas: 84 Nays: 12 Absent: 0 Excused: 2
Voting Yea: Representatives Appleton, Barkis, Bergquist, Blake, Boehnke, Caldier, Callan, Chambers, Chandler, Cody, Corry, Davis, DeBolt, Dent, Doglio, Dolan, Dye, Entenman, Eslick, Fey, Fitzgibbon, Frame, Gildon, Goehner, Goodman, Graham, Gregerson, Hansen, Harris, Hoff, Hudgins, Irwin, Jenkin, Jinkins, Kilduff, Kirby, Klippert, Kraft, Kretz, Lekanoff, Lovick, MacEwen, Maycumber, Mead, Morgan, Morris, Mosbrucker, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rude, Ryu, Santos, Schmick, Sells, Senn, Slatter, Smith, Springer, Stanford, Steele, Stokesbary, Stonier, Sullivan, Sutherland, Tarleton, Thai, Tharinger, Valdez, Vick, Volz, Walen, Wilcox, Wylie, Ybarra, Chopp
Voting Nay: Representatives Chapman, Dufault, Leavitt, Macri, McCaslin, Paul, Ramos, Shea, Shewmake, Van Werven, Jim Walsh, Young
Also Including the Senate Roll Call so folks can thank their Senators as well:
3rd Reading & Final Passage
Yeas: 43 Nays: 2 Absent: 0 Excused: 4
Voting Yea: Senators Bailey, Becker, Billig, Braun, Brown, Carlyle, Cleveland, Darneille, Das, Dhingra, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Holy, Hunt, Keiser, King, Kuderer, Liias, Lovelett, McCoy, Mullet, Nguyen, O`Ban, Palumbo, Pedersen, Randall, Rivers, Rolfes, Saldaña, Salomon, Schoesler, Short, Takko, Van De Wege, Wagoner, Maureen Walsh, Warnick, Wellman, Wilson, C., Zeiger
Voting Nay: Senators Ericksen, Padden
Please Remind Us – What’s in SB 5959?
The Livestock Advisory Board is expanded to allow two representatives and is required to meet for a minimum of twice a year.There are provisions for dismissal for lack of attendance.
Provides for Brand Registration
In addition to WSDA inspectors, it provides for field livestock inspectors to be licensed and allowed to provide livestock inspection services.
Expands the ECTR system to include all cattle for electronic transactions
Provides for Electronic Identification
$20 Call Out Fee
$4.00 Slick Cattle
$1.21 Identified Cattle
10% Across the Board Fee Increase
Sunset provisions 2023
Here is a link to the Bill: http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Senate%20Bills/5959.pdf
What’s Next – The Governor
When does a bill reach the governor’s desk?
Before the governor signs a bill, it must first be signed in open session in both the Senate and House. Once the house speaker and senate president sign the bill, it’s delivered to the governor’s office. This process can take several days following the passage of a bill by the Legislature.
How long does the governor have to sign a bill?
Bills that are delivered to the governor more than five days before the Legislature adjourns have five days to be acted on. Bills that are delivered fewer than five days before the Legislature adjourns have 20 days to be acted on by the governor.
How are the five days and the 20 days counted?
Both are counted as calendar days, not business days. Sundays are not counted, but Saturdays and state holidays are counted.
Livestock Producers Praise Recovery of Gray Wolf as "Conservation Success Story"
The WCA appreciates Acting Secretary Bernhardt and his team at Department of Interior, especially those at the US Fish and Wildlife service for their work to delist the grey wolf using scientific and commercial data. In Washington state we have a collaborative group who helps set protocols for instances when wolves depredate or harass livestock, we appreciate the federal delisting as it puts the management of the wolves into state hands. Ultimately, we hope this action allows us to take a serious look at state delisting. ~ Sam Ledgerwood, WCA President
WASHINGTON (March 6, 2019) – Today Jennifer Houston, president of the National Cattlemen’s Beef Association, and Bob Skinner, president of the Public Lands Council, released a joint statement in response to the Department of Interior’s announcement that it will publish a gray wolf delisting rule in the Federal Register:
“The recovery of the gray wolf in the United States is a conservation success story. When the federal government collaborates with state wildlife officials and local land managers, it enhances our ability to protect the wildlife and ecosystems that we all cherish. This is exactly how the Endangered Species Act is supposed to work.
“Unfortunately, as ranchers know all too well, the current Endangered Species Act rarely functions as Congress originally intended. Radical environmental activists use an endless cycle of lawsuits and procedural tricks to thwart effective conservation. That is why it has taken so long to delist the gray wolf, even though science has long shown the species had reached stable population levels. That is also why the Endangered Species Act’s overall effectiveness hovers at an abysmal rate of just two percent.
“The National Cattlemen’s Beef Association and Public Lands Council would like to commend Acting Secretary Bernhardt and his team for making this science-based decision. We look forward to continuing our work with the Department of Interior and state wildlife agencies as this process moves forward."
ELD delay for livestock haulers in place until September 30, 2019
TO: NCBA Officers, Executive Committee, and State & Breed Affiliates
FROM: Allison Rivera – DC Office
DATE: Thursday, February 14, 2019
Happy Valentine’s Day!
To celebrate this day, the Senate has passed an approps package to fund the rest of the government until September 30th, 2019. The House is set to vote soon, and: President Donald Trump plans to sign a bipartisan spending deal and then declare a national emergency to fund his border wall, Senate Majority Leader Mitch McConnell announced Thursday.
The move will avert a government shutdown Friday.
"He is prepared to sign the bill," McConnell said. "He will also be issuing a national emergency declaration at the same time."
This package includes a great Valentine’s Day gift of a continued ELD delay for livestock haulers until September 30, 2019.
Below is the exact bill language. Please have haulers print this out and place it in their trucks as proof that they are exempted from the elds. Much like as it has been, FMCSA will not provide any formal documentation b/c they delay has not been granted by them, but instead Congress.
As always, send any questions my way. Thank you, Allison
SEC. 131. None of the funds appropriated or otherwise made available to the Department of Transportation by this Act or any other Act may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as defined in section 18 31132(1) of such title, transporting livestock as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.
National Cattlemen's Beef Association
Center for Public Policy
Transportation: Petition posted, comment period open
TO: NCBA Officers, Executive Committee, and State & Breed Affiliates
FROM: Allison Rivera – DC Office
DATE: Wednesday, February 6, 2019
As of this morning, the petition (which the agency prefers we reference as a request for temporary exemption) submitted by NCBA, AFBF, and LMA to the FMCSA for livestock haulers to achieve additional drive time upon the completion of certain training/documentary requirements has been posted for public comment: https://www.federalregister.gov/documents/2019/02/06/2019-01276/hours-of-service-of-drivers-national-cattlemens-beef-association-livestock-marketing-association.
The comment period is scheduled to close on 3/8/19. We will not be seeking any extensions as we want this process to be expedited. We have been told that the comment period will not be extended or put on hold in the case of another government shutdown, unless the website used for submissions has any issues. They will contact us if this is the case.
To remind you of the details within the petition, it is attached along with a summary document.
I strongly encourage everyone to submit comments. Although we do want a large volume of comments, unique and well drafted comments mean a great deal to FMCSA aswell. I can provide helpful comments within the next week or so for you to tweak to give specific examples from your state and your producers, but there are also helpful talking points below and attached.
Again, official comments in support from each state affiliate are requested, as well as comments from individual members. Even if member/producer/trucker comments are very simple and merely voice their concerns with the current situation and their vote of confidence in the request, that is helpful.
Please also reach out to Hill offices who have been supportive on this issue, and encourage them to submit comments in support of the request. The letters that have already been sent from the hill in support of the petition when it was dropped will be submitted into the system by DOT. They have reassured us of that.
Several laws have taken effect in Washington state
After the clock struck midnight, Washington state saw a handful of new laws go into effect, ranging from minimum wage changes to paid family medical leave.
Read the whole list here.
Modifications made to sage grouse land use plans
Goal is to better align management for the bird between state and federal agencies.
Read the full story from BEEF Magazine, here.
Trump administration’s WOTUS revisions fail to deliver
Sacramento, California; December 11, 2018: In February 2017, President Trump issued an executive order instructing the Environmental Protection Agency and the Department of the Army to revise the overly broad definition of “navigable waters” under the Waters of the United States rule.
Read the full press release here.
Colville National Forest plan too big to corral
Ranchers in northeast Washington have identified what they call a "fatal flaw" in the Forest Service's plan to manage the Colville National Forest: No one can be expected to understand it.
The plan and supporting documents run thousands of pages, notes Chance Gowan, a consultant for the Stevens County Cattlemen's Association. He says he's dedicated well over 40 hours studying the materials and "sadly" reports being sure he's missed something harmful to cattlemen.
Read the full story here.
Blue Mountains Forest Plan likely to be updated
The U.S. Forest Service will present an updated Blue Mountains Forest Plan in 2019 after considering the objections presented in the recent forums.
Read the full story here.
Research concludes cattle are not destroying the ozone layer
Cow burps are destroying the ozone layer — we’ve all heard that one, and frankly, it’s time for the industry to ditch that myth once and for all.
Read the full story here.
Transportation Update: Extending the Electronic Logging Devices Delay for Livestock Haulers
Livestock haulers across the country are currently exempt from implementing electronic logging devices (ELDs). The question is: For how much longer?
A few months ago, NCBA worked closely with allies in Congress to secure a temporary exemption through December 7, 2018. With less than ten days to go before that exemption expires, NCBA has been making the rounds on Capitol Hill to remind lawmakers that a further extension is necessary.
“The livestock industry needs additional time to work with Congress and the Administration on a long-term solution to overly-restrictive Hours of Service rules,” said Executive Director of Government Affairs Allison Rivera. “Extending the ELD implementation delay for livestock haulers will give us more breathing room while that process moves forward.”
A draft fiscal year 2019 government spending bill includes a provision that would delay ELD implementation for livestock haulers until September 30, 2019. Keeping that provision included in any spending bill is an immediate priority.
NCBA is also looking forward to further conversations with the Department of Transportation (DOT) on the recent petition that requests flexibility for livestock haulers on Hours of Service (HOS) requirements. Authored by industry groups including NCBA and the Livestock Marketing Association, the petition asks for increased drive time for livestock haulers and includes a plan for working with the DOT on additional fatigue-management practices. The petition has already garnered bipartisan support in both chambers of Congress (read the letters of support here and here). As a next step, DOT is expected to open a public comment period on the petition.
Wilderness Land Restriction Bill moves forward
The legislation from U.S. Rep. Liz Cheney, R-Wyo. — named the “Restoring Local Input and Access to Public Lands Act” — made it through the House Natural Resource Committee on party lines: 19 Republicans on the committee backed the bill while 11 Democrats opposed it.
Read the whole story here.
HR 6784, the Manage our Wolves Act passes House
HR 6784 passed a House vote Thursday and now moves on the Senate.
To read the press release from WCA, click here.
Ferry County rancher featured in KREM 2 News broadcast
Ron Eslick offers his perspective on the Ferry County wolf issue to lead the reporting package put together by KREM 2 News. The two-part report aired Wednesday and Thursday.
WCA offers to coordinate fire relief donations
ELLENSBURG, Wash. – The Washington Cattlemen’s Association is accepting donations of hay, pasture, pasture seed, or funds for cattlemen or cattlewomen effected by the recent wildfires in Washington state. In the past, the monies donated to the fire relief fund have been used to pay for fencing materials, feed, and veterinary supplies.
“Cattlemen and CattleWomen across the state have been impacted by wildfires. Given the number of acres and people impacted, WCA is honored to revitalize our fire relief fund and coordinate donations of physical commodities,” said Washington Cattlemen’s Executive Vice President Sarah Ryan. “Cattlemen support their communities and the economy of the state, this provides an opportunity for the communities to give back.”
A prime example of the devastation this wildfire season has caused is Douglas County, where cattlemen and cattlewomen have lost nearly all their grazing ground for the year.
Anyone interested in providing support to cattlemen and cattlewomen in Washington state, can contact the Washington Cattlemen’s Association office to coordinate matching a donor with a person in need of relief.
The Washington Cattlemen’s Association office is located at 1301 N. Dolarway Rd., Ellensburg, WA 98926, can be reached via phone at 509-925-9871 or via email at firstname.lastname@example.org.
For information on the ELD Exemption:
Report From the WA State Department of Agriculture
by Dr. Amber Itle, Interim Assistant State Veterinarian
Livestock Inspection Program - Financial Status
The financial status of the Livestock Inspection program has been a topic of conversation for several years. Former analysis provided to the LID Advisory Board in 2016 projected a budget shortfall of - $695,000 by the end of the 2017-19 biennium with no additional revenue.
Following series of listening sessions on Animal Disease Traceability, USDA releases report
Dr. Amber Itle
Assistant State Veterinarian
In the spring of 2017, the U.S. Department of Agriculture hosted a series of listening sessions across the country to hear from the agriculture industry about animal disease traceability.
The USDA has now compiled this information into a 30-page report, “Animal Disease Traceability: Summary of Program Reviews and Proposed Directions from State-Federal Working Group,” which it released in April. The report provides an overview of the Animal Disease Traceability Program and preliminary recommendations of the State-Federal Animal Disease Traceability Working Group.
Read more in the upcoming Ketch Pen.
TOP QUESTIONS ABOUT THE BEEF CHECKOFF:
Over the past few years we have received many questions about how the Beef Checkoff functions. Not as many, however, about the demand building work that is conducted on your behalf, through the research, promotion and education work the program is designed to do. The questions we are receiving focus on who does and does not pay and who should and should not pay!
WCA Takes Stance on Reintroduction of Grizzly Bear's in WA State
The Washington Cattlemen’s Association strongly opposes the proposed action of the US Fish and Wildlife Service and Parks Service to re-introduce Grizzly Bears into Washington State. The WCA does not think it is proper or prudent to reintroduce an apex predator into Washington State. The WCA believes that Grizzly Bear recover and re-colonization must occur naturally with human augmentation.