Cattlemen's Capitol Concerns
December 9, 2004
The CCC is a weekly report from Washington D.C. giving an up-to-date summary of top policy initiatives concerning the cattle industry; direct from the National Cattlemen’s Beef Association (NCBA).
NCBA Addresses BSE Announcement Policy: Members of the NCBA remain deeply concerned with the U.S. Department of Agriculture's handling of the Nov. 18 announcement of an inconclusive BSE test result. NCBA has sent a letter to the USDA outlining these concerns. The USDA's actions seem to deviate from what was firmly believed to be established protocol. Officials had originally agreed to announce inconclusive IHC test results after the close of the markets. But on November 18, the USDA made the announcement before the markets opened. In addition, a USDA press statement dated November 23 clearly states that USDA utilized the "gold standard" IHC test, but this "gold standard" test was followed with an additional IHC test within twenty-four hours.
Since it’s inception in June 2004, NCBA member-producers nationwide have supported USDA’s enhanced BSE surveillance program. We do support the USDA policies for announcing inconclusive test results, and have urged that the process continue to be both transparent and science-based. A transparent process best reassures consumers’ confidence in our food supply, and limits disturbances in the marketplace. The actions of USDA during the most recent inconclusive announcement (November 18-23, 2004) do not seem consistent with the Department’s actions on the two previous occasions. In addition, the actions taken go against the agency’s current BSE surveillance program policy as explained by Animal and Plant Health Inspection Service officials.
NCBA is requesting that the USDA address these major issues: (1) Why did the USDA deviate from their established communications plan?; (2) If there are leaks of information within USDA, APHIS, or its testing facilities, is there a way to identify and prevent them?; (3) Why can contractors, who supply the test to the regional laboratories, publicly comment during the time that USDA processes an inconclusive?; (4)What is the stated testing protocol from the initial rapid test through the completion of the IHC test?; and (5)Why were there two IHC tests run if the scientific community considers the IHC the "gold standard" and only one is necessary?
Cattle producers are committed to working with the USDA and APHIS on issues pertaining to the enhanced BSE surveillance program. We believe that there are two desired objectives for announcing inconclusive test results: transparency of results to maintain consumer confidence, and transparency and integrity of process to ensure that there is minimal market disruption for our producers. Our team will be watching closely to see how the USDA responds to our questions and how they will manage test results in the future.
USDA Surveillance for BSE: In related news, USDA continues its enhanced BSE surveillance program which began June 1. To date, 136,153 tests have been conducted with no positive cases reported.
Appropriations for Agriculture: On Wednesday, December 8, President Bush signed the $338 Billion omnibus spending package approved by Congress earlier this week, called H.R. 4818, the "Consolidated Appropriations Act, 2005" (CAA). This legislation package consolidates several appropriations bills funding the operations of the Federal Government, and several additional bills. Funding for agriculture programs governed under both the USDA and FDA is contained in the package. These programs include critical funding for safety and health programs, including the BSE surveillance program, BSE detection and prevention, increased FDA inspections, and BSE toll-free hotline. Funding also covers USDA’s Animal ID efforts, nutrition programs, the Market Access Program, the Foreign Market Development Program, and conservation programs. NCBA will consistently work with the USDA regarding all of these programs moving ahead into 2005. The omnibus bill also included supportive legislation regarding public lands ranchers and grazing issues, detailed below. Following final passage of the Omnibus Appropriations Bill, Congress recessed until Jan. 4, 2005.
Ranchers Have Wins in Omnibus Spending Package: Many ranchers, especially those in the West, will benefit from some of the additional legislative measures contained in the bill. Producer-members of the Public Lands Council (PLC) and the NCBA have been working with Congress for some time to secure relief in these areas. The following measures will provide our producers with a more sustainable working environment, while providing the necessary protections for wildlife and natural resources:
- NEPA Relief for Grazing Permits: Some ranchers grazing livestock on public lands will get relief from the current administrative backlog disrupting the cycle of grazing permits renewal. Congress authorized the Forest Service to issue up to 900 grazing permits under a categorical exclusion pursuant to the National Environmental Policy Act (NEPA). Granting these NEPA permit exclusions will enable the Forest Service to more efficiently reissue grazing permits in a timely fashion. Permits contained under the categorical exclusion must be able to document improvements in their land and resource management plans.
- Sale Authority for Wild Horses and Burros: An amendment to the Horse and Burro Act will aid in the management of wild horses and burros on public lands. Congress amended the act to require the sale of wild horses and burros that are more than 10 years of age or have been offered unsuccessfully for adoption at least three times. All qualifying animals must be offered for sale until the appropriate management level is attained in all areas occupied by wild horse and burros. Funds generated from the sale of the animals must be used for the costs relating to the adoption of horses and burros, including the costs of marketing adoptions. This will better protect the health and well-being of wild horses and burros, as well as improve forage resources and lands where the wild horses and burros coexist with grazing livestock. Funds generated from the sales will provide a needed revitalization of adoption efforts.
-Sage Grouse Conservation Funding: NCBA and PLC were successful in getting Congress to authorize $5 million in funding within the Wildlife Habitat Incentives Program (WHIP) for conservation of sage grouse habitat. The measure was contained in the Omnibus Appropriations package which passed through Congress on December 6 and was signed by the President on December 8. This type of funding enables habitat conservation and recovery programs that can prevent a future listing of the greater sage grouse.
Sage Grouse Listing "Not Warranted": In related news, America’s ranching communities are supporting a recommendation by U.S. Fish and Wildlife Service (FWS) biologists who say listing the greater sage grouse as an endangered species is "not warranted." Sage grouse habitat exists on nearly 1.5 million acres of Western rangelands where ranchers graze livestock. Listing the bird could cause ranchers to face increased costs, regulatory delays and land use restrictions that could seriously impact their operations. NCBA and PLC producer-members have worked diligently to participate in conservation and habitat restoration efforts for sage grouse habitat.
Beef Checkoff at Supreme Court: The U.S. Supreme Court heard oral arguments Wednesday, Dec. 8 in an appeal of a lower court ruling that found the Beef Checkoff Program unconstitutional. The cases involved in the appeal are Veneman v. Livestock Marketing Association and Nebraska Cattlemen v. Livestock Marketing Association. USDA was supported in its defense of the checkoff by interveners representing cattle producers. The Nebraska Cattlemen, along with South Dakota producers Ralph and Maxine Jones and Gary and Donna Sharp, are formal interveners in the case. All were present for the oral arguments, along with officers and staff of both NCBA and the Cattlemen's Beef Board.
The Livestock Marketing Association and the Western Organization of Resource Councils are challenging the checkoff based on the claim that it violates the free speech rights of producers that do not support the $1 per head assessment or the projects funded by it. Oral arguments appeared to go well for supporters of the checkoff, as several justices implied that the problems raised by checkoff opponents could be addressed through legislation or regulation. However, the high court has historically been very divided on commodity checkoff cases. Therefore, NCBA's reaction to the oral arguments is best described as "cautious optimism." A decision is expected no later than June 30, 2005, and could perhaps be issued earlier.
Central American Trade: NCBA and fellow members of the Business Coalition for Central American Free Trade Agreement (www.uscafta.org) hosted an informational session on Capitol Hill this week for congressional staffers. The event garnered a great turn-out, as coalition members educated the Hill staffers on the benefits, details, and logistics of the CAFTA. The agreement was signed by the President and is expected to be sent to Congress in early 2005. For the cattle industry, one of the strongest aspects of the CAFTA is that a vast majority of our beef exports to this region are premium grain-fed product, which will not compete price-wise with Central American grass-fed beef. The CAFTA’s immediate duty-free access for U.S. prime and choice beef (defined as "high quality") into Central American hotels and restaurants is significant from NCBA’s perspective. Also noteworthy is the elimination of all tariffs on U.S. beef by a date certain, which in this case is 15 years. As has been the case for many years, NCBA will continue to work with Central American beef producers to protect our herds against foreign animal diseases.
Jamaican Trade: The Jamaican Ministry of Agriculture has announced that Jamaica is lifted its ban on U.S. beef products. The Jamaican market was valued at $5.7 million in 2002, and $4.4 million in 2003. NCBA continues to push for the full re-opening of our export markets for U.S. beef, and this news is another great step in market re-opening process.
Animal Identification: USDA’s Animal and Plant Health Inspection Service will host an animal identification listening session on Wednesday, Dec. 15 in Jackson, Tenn. The session is scheduled from 9:00 – 11:30am at the West Tennessee Experiment Station, Room A, 605 Airways Blvd. For directions, please call 731-425-4724. USDA is holding the listening sessions to discuss the development, structure and implementation of a national animal identification program for all livestock and poultry animals. Transcripts for all past sessions are available online. For more information about the listening sessions or to view transcripts, go to http://www.aphis.usda.gov/lpa/issues/nais/nais_listeningsessions.html
Montana Stockgrowers: Gregg Doud and Errol Rice are in Billings, Montana this week for the 120th annual convention of the Montana Stockgrowers Association, Dec. 8-11. Doud gave attendees a trade update on Thursday focusing his remarks on how trade has been impacted by BSE, and the issues surrounding efforts to reopen the border to Canadian live cattle.
Media Contact:
Tanya Augustson or Karen Batra at 202-347-0228; taugustson@beef.org or kbatra@beef.org
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