ESA Reform: NCBA and the Public Lands Council (PLC) are applauding efforts in Congress to reform the Endangered Species Act (ESA), a top priority for ranchers. House Resources Committee Chairman Richard Pombo (R-CA) introduced H.R. 3824, the Threatened and Endangered Species Recovery Act (TESRA), along with Rep. Dennis Cardoza (D-CA) on September 19, and the committee is marking-up the bill at press time September 21.

Congressional leaders have vowed to "improve and update" the act, which they criticized for listing thousands of species but recovering less than one percent. Also, the ESA has placed burdens on ranchers and other landowners, and created animosity between private citizens and government. NCBA points out that local partnerships and voluntary on-the-ground practices have produced better results than federal listing, and says environmental and conservation decisions must be based on sound science.

Senate Presses Bush on Japan: Key Senate leaders sent a letter to President Bush on September 19 urging him to make resumption of beef trade with Japan his "highest economic priority." Spearheaded by Senator Wayne Allard (R-CO), the letter says "The beef industry is a pivotal economic component of many rural communities, and we know the United States has the safest food supply in the world." The Senators point to U.S. cattle and beef industry losses totaling over $100 million each month that Japan remains closed to U.S. beef.

Along with Allard, the letter was signed by Senators Christopher Bond (R-MO), Sam Brownback (R-KS), Conrad Burns (R-MT), Maria Cantwell (D-WA), John Cornyn (R-TX), Larry Craig (R-ID), Mike Crapo (R-ID), Chuck Hagel (R-NE), Jim Inhofe (R-OK), Blanche Lincoln (D-AR), Trent Lott (R-MS), Patty Murray (D-WA), Ben Nelson (D-NE), Pat Roberts (R-KS), Gordon Smith (R-OR), Jim Talent (R-MO), Craig Thomas (R-WY), and John Thune (R-SD). This issue was top of mind with Senators as they debated the Ag Appropriations bill this week. See "Ag Appropriations" below for more info!

Japan Comments: NCBA submitted comments September 19 to USDA’s Animal and Plant Health Inspection Service (APHIS) on the proposed rule, "Importation of Whole Cuts of Boneless Beef from Japan." A key point of NCBA’s comments reflect the need for harmonization of regulations and the elimination of trade barriers with Japan. NCBA’s comments state "NCBA will not support finalization of this proposed rule until Japan has completed its domestic process and accepts beef from the United States.  Until both countries can agree to World Organization for Animal Health guidelines, any beef product coming into the United States should meet the same requirements Japan has set for us."

FSC Meeting - September 26: In related news, Japan’s Food Safety Commission is scheduled to meet next week, September 26, and release a report regarding resumption of trade of U.S. beef in Japan. NCBA will be monitoring the discussions in this meeting and hope this will pave the way for reopening the border to Japan in the near future.

Ag Appropriations: The Senate passed H.R. 2744, the FY06 Agriculture Appropriations bill September 22 by a vote of 97-2, determining funding for agriculture programs for next year. The House bill passed June 9, and now both bills go to conference for final consideration. The conference report must be issued and adopted by September 30. 

In the Senate, a number of amendments of importance to cattlemen were debated, and many amendments opposed by NCBA were voted down or not offered. Among the amendments passed in the Senate’s final bill:

Japanese Trade:

• Senators Wayne Allard (R-CO) offered a Sense of the Senate resolution, expressing that, until the Japanese government takes appropriate action to permit the importation of U.S. beef into Japan, the U.S. government should not permit the importation of Japanese beef into the United States.
• Senator Ben Nelson (D-NE) offered an amendment prohibiting the use of any FY06 funds to finalize the rule, "Importation of Whole Cuts of Boneless Beef from Japan," until President Bush certifies to Congress that Japan has granted U.S. beef access to the Japanese market. 

Downer Ban:

• Senator Daniel Akaka (D-HI) offered an amendment preventing the use of funds to inspect non-ambulatory cattle for use in the commercial food chain. The banning of downer animals from the food chain has been called one of several scientific steps to prevent the spread of BSE. But this amendment impedes FDA’s and FSIS’s authority to make these decisions in a science-based manner within the regulatory arena.

Horse Processing Ban:

• Senators John Ensign (R-NV) and Robert Byrd (D-WV) offered an amendment to eliminate funding for inspection of facilities that process horses. Since a similar amendment was passed by the House, it will be extremely difficult to have this amendment removed during conference negotiations. NCBA says this legislation is very disappointing as it is based on emotion and not on science.

Property Rights Hearing: The Senate Judiciary convened a hearing September 20 on "The Kelo Decision: Investigating Takings of Homes and other Private Property." NCBA sent a letter this week to committee members articulating ranchers’ position on this issue and supporting current legislative efforts as a good start toward remedying the situation. NCBA’s letter says "With the potential to impact citizens from rural communities to urban centers, the debate surrounding the Kelo vs. City of New London decision is uniting citizens from all sectors of America. Cattle producers recognize that protecting the Fifth Amendment rights of all Americans may be a daunting process, but NCBA thanks you for taking the first step." Protecting private property rights is one of the founding principles of NCBA dating back to 1898, and it is important that ranchers continue to make their voices heard on this issue.

Utah Decision: A ruling released late last week in a Southern Utah case by the 10th Circuit Court of Appeals may bolster the claims of local governments and public access proponents of Revised Statute 2477 highways. NCBA and PLC say the ruling is a huge victory for ranchers in their continued fight for state and local control over access to public lands. NCBA and PLC say the most important rule from this case is that local custom as reflected in state law will control determinations whether roads may be established under R.S. 2477. This decision has immediate relevance for ongoing litigation in North Dakota in which the federal government has asserted that it would not recognize county section laws authorized under state law because federal rules require construction to establish an R.S. 2477 road. More broadly, the decision theoretically could lead to a cut back in the designation of roadless areas and land use restrictions that go with such designations.

Air Issues: NCBA’s Director of Environmental Issues Tamara Thies presented comments to the Environmental Protection Agency’s (EPA) Ambient Air Monitoring and Methods Subcommittee September 21 on a proposed Federal Reference Method (FRM) of monitoring coarse particulate matter. NCBA’s comments, also submitted on behalf of the National Mining Association and the Coarse Particulate Matter Coalition, say "it is premature to be reviewing or approving any FRM for coarse particulate matter (PM) until EPA considers and determines whether a coarse PM standard is necessary to protect public health and welfare, and what the indicator for that standard should be." NCBA has been heavily involved in discussions with EPA as they assess whether or not they will regulate coarse PM under the Clean Air Act. The regulation could cover dust produced by tilling soil, cattle romping in feedlots, planting crops, harvesting crops, driving on dirt roads, spreading of nutrients on fields, outdoor storage of bulk materials, and feed mixing.

Senate Ag Committee hearing on WTO: The Senate Ag Committee convened a hearing September 21 to review the status of World Trade Organization (WTO) negotiations on agriculture. The panel included USDA Secretary Mike Johanns, U.S. Trade Representative Robert Portman, and industry spokespersons. Both Johanns and Portman discussed the importance of reaching a balanced agreement that accomplishes improvements in export competition, market access and domestic support reduction. Several members of the Senate Ag Committee took the opportunity to ask questions of the two panels on their preparedness for the upcoming meeting in Hong Kong. It was reported this week that the United States is likely to host a mini-ministerial meeting to try to advance discussions before the upcoming WTO conference in Hong Kong scheduled for December.

More WTO Buzz: Preparation for the upcoming WTO talks in Hong Kong is creating a buzz in Washington D.C. this week. Along with the Senate Ag Committee hearing, House Ag Committee Chairman Bob Goodlatte (R-VA), Secretary Johanns and USTR Ambassador Rob Portman held a press conference to announce their expectations. "First and foremost, market access is critical," said Goodlatte. "If the agricultural negotiations are going to be considered successful, they must break down barriers to U.S. agricultural exports, reduce tariffs and provide the means for the United States to export the bounty that our farmers and ranchers produce."

Codex Meetings in Japan:  NCBA’s Director of Food Policy Leah Wilkinson is in Chiba, Japan as part of the U.S. Government's Delegation to the Codex task force on biotechnology. The group is meeting September 19-23 and is discussing topics for new work. Wilkinson reports that an animal project is likely to be approved by the task force for the coming year.  If an animal project is agreed to, NCBA says it will insist the discussions remain science-based and only on issues under the Codex mandate of food safety.  See next week’s CCC for more details on approved projects.

South Korea Minister of Trade: In his recent visit to the United States, Kim Hyun Chong, South Korea's minister of trade, told an audience at Columbia University in New York City that South Korea wants to promote trade liberalization. When asked about the ban on U.S. beef exports in South Korea due to BSE, the minister stated he would like to lift the ban and did not believe that BSE posed any real risk to human health.

Undaunted Stewardship Meeting: NCBA’s Associate Director of Environmental Issues Stacey Katseanes is in Bozeman, Montana participating in the Undaunted Stewardship Think Tank Meetings, September 22-23. Named for the Lewis and Clark chronicle Undaunted Courage, the program helps private landowners preserve their lands while allowing access to historic sites and educating the public about agriculture in the 21st century. A statewide public/private partnership between Montana’s agricultural and conservation organizations, the Undaunted Stewardship program helps cattle producers showcase their environmental and conservation efforts and educate farmers, ranchers, policymakers, and other citizens about how voluntary, incentive-based approaches can be used to sustain and enhance the environmental, social, historical, and economic values of agricultural landscapes.

In Congress Next Week: With Congress in full swing, there are many hearings scheduled next week that will be of interest to cattlemen. Next week’s CCC will have detailed coverage on:

• Supreme Court nominations: Chief Justice nominee John Roberts was confirmed by the Senate Judiciary Committee on September 22, sending his nomination to the full Senate next week.
• Japan: A House Ways and Means hearing on United States-Japan Economic and Trade Relations is scheduled for September 28.
• Animal ID: A House Ag Committee hearing on the development of a National Animal Identification System is scheduled for September 28. Rick Stott, Idaho producer and member of NCBA’s Animal ID Commission, is scheduled to testify.
• Grazing: Senate’s Energy & Natural Resources Subcommittee on Public Lands and Forests will host a hearing on September 28 on grazing issues. Specially, Subcommittee Chairman Larry Craig (R-ID) called the hearing to review the grazing programs of the Bureau of Land Management and the Forest Service, including proposed changes to grazing regulations, and the status of grazing permit renewals, monitoring programs and allotment restocking plans. California producer Mike Byrne and Colorado State University Wildlife Biologist Rick Knight are among the scheduled witnesses.

BSE Surveillance: To date, USDA’s Enhanced BSE Surveillance Program has tested 471,691 targeted animals at highest risk for BSE and has found only one confirmed case, evidence that our firewalls are working and the prevalence of this disease in the U.S. is extremely low. Testing 268,500 animals can detect BSE at a rate of 1 in 10 million adult cattle at a 99 percent confidence level.

Media Contact:
Tanya Augustson or Karen Batra at 202-347-0228; taugustson@beef.org or kbatra@beef.org

This publication is funded by cattle producers and other industry supporters through their voluntary membership contributions to NCBA. To join the tens of thousands of cattle producers from across the U.S. in working to preserve our legacy, contact NCBA Member Services at 1-866-BEEF-USA or Membership@beef.org.