Blindsided by BUREAUCRACY

Bureaucracy is defined as a system of government in which most of the important decisions are made by state officials rather than by elected representatives. Under this premise, it would certainly seem that this is the system under which our country is currently run. Inaction and quagmire in Congress creates a vacuum under which agency officials can rule by regulation without the benefit of representative input. When the administration is friendly and receptive to our industry, we stand to benefit under this type of system, but when it is not, we most definitely pay. And now, we are paying.

If you have been following ICA actions for the past few years, you know that it has been a high priority of ours to see the Bureau of Land Management’s (BLM) grazing regulations revised. We thought this would happen during the Trump administration, and pursued multiple efforts to that end, but the rule never made it to the finish line. Our hopes of seeing a new grazing rule were dashed, but then BLM officials assured us that the effort would remain on track even with the change in administration. And so, our efforts continued in commenting and meeting with BLM and Department of Interior officials regarding our thoughts and concerns with BLM grazing management that could be improved with a new rule. We have been anxiously awaiting the release of the proposed rule which has been repeatedly promised to occur by the end of the summer. And so, we waited with bated breath and in good faith that the agency would keep its word, knowing that we may not like everything in the rule but hoping that it would provide some efficiencies and flexibilities in grazing management. But then…

From out of left field, with no advance notice or dialogue or even a hint of its development, the BLM preempted the grazing regulations revision with a release of a proposed rule in April that has the potential to utterly disrupt and dismantle grazing on BLM lands. The proposed Conservation and Landscape Health rule seeks to accomplish three main things, two of which pose significant threats to livestock grazing on BLM lands.

The first action is actually a move that our industry has supported and sought for in the grazing regulation revision. It would apply the fundamentals of land health and related standards and guidelines to all BLM-managed public lands and uses. For too long, grazing has borne the blame for the impact of other users and impacts on public land including recreation, wildlife, drought, wildfire, and more. This section will level the playing field and require all users across all BLM lands to adhere to the land-health standards and which should, in theory, remove unrealistic expectations placed on grazing permittees.

After the first proposal, the rule goes drastically downhill.

The second action is, to be frank, frightening. It states that “conservation is a use on par with other uses of the public lands under the Federal Land Policy and Management Act’s (FLPMA) multiple-use and sustained-yield framework… The proposed rule establishes a durable mechanism, conservation leases, to promote both protection and restoration on the public lands, while providing opportunities for engaging the public in the management of public lands for this purpose.” If your head is swimming after reading that, it should be. Yes, you read right. The BLM is proposing to establish conservation leases on federal land and allow the general public the say so on the lands to which the leases should be applied. This reads straight out of Western Watersheds Project’s playbook. But don’t worry, the rule assures us that “While BLM maintains this “rule does not prioritize conservation above other uses, it puts conservation on an equal footing with other uses”. I am sure that puts your mind at ease, doesn’t it? Even if we give the agency the benefit of the doubt that they are just trying to do what is best for the landscape, the rule sets the stage perfectly for opponents of public lands grazing to remove grazing in the name of conservation. We will continue to argue the fact that grazing is a use that promotes conservation for a variety of reasons and the two are certainly not mutually exclusive.

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The third issue proposed by the rule would expand the use and designation of Areas of Critical Environmental Concern (ACECs). It would “give priority to the designation and protection of ACECs” and “emphasize ACECs as the principle designation for protecting important natural, cultural, and scenic resources, and establish a more comprehensive frame- work for the BLM to identify, evaluate, and consider special management attention for ACECs in land use planning.” This portion of the rule is, in part, in response to the Biden administration’s call for more wildlife habitat connectivity. The use of ACEC designations is a favorite tool of anti-grazing activists to restrict grazing and related management tools. If I have you scared now, that’s good. That is my intention. In my long career with ICA, I do not think I have seen another federal action that has greater potential to disrupt the western cattle industry as this one. Our industry must stand united in fighting this rule and in promoting the value of continued livestock grazing on federal lands. We will need your help in doing so. Over the next few weeks, you are going to be hearing a lot from us about this rule. The comment deadline is set for June 20. Please plan to submit comments and encourage your neighbors to do so as well. We have talking points and draft comments that you can use to easily formulate your own comments. Please send an email to me at karen@idahocattle.org if you would like this supplementary information.

In 2009 the Idaho Cattle Foundation was established as a big idea for folks that take a long term view of our industry. Initially the goal was to have $500,000 in the foundation by the year 2015. Like many big ideas, this one is taking more time to bear fruit than the founders anticipated. Currently our balance is $122,000 - not where they hoped, but still a good start.

The Articles of Incorporation of the Idaho Cattle Foundation state the purpose of the foundation “as including but not limited” to funding and performing an impressive list of worthwhile

BY MARK PRATT ICA Past President

projects - research to improve beef industry practices, youth education about careers in the beef industry, producer education about sound environmental stewardship practices along with public education about those practices, and finally, education of the public at large about our important role in providing healthy food and economic vitality to the state.

It could be argued that other entities fill these roles, which can be true depending on the mission of those entities. The difference is that this foundation is a 501 c (3) tax-exempt charitable organization where all donations are deductions from income for the donor (as applicable). The Foundation collects money which, through sound investment, works far into the future to fund efforts that aren’t subject to yearly influences and variation in operating budgets. This looks to the future, and is an investment by those truly invested in our industry going forward.

With that in mind, there are several levels of contribution to pick from. The “Riding for the Brand” legacy club will appeal to most individuals and family ranches. For $1,250, which can be paid over three years, you receive a handsome plaque with the ICA branding iron mounted on a wooden base with your name inscribed, declaring you as a member of the Legacy Club. A classy way to show your investment and to be displayed with pride. Higher levels of investment are available for those wishing to make a greater contribution.

Maybe you’re not in a position to sign up just yet, but keep the Foundation in mind for the future and consider joining a great group of individuals and entities dedicated to the future of the Idaho cattle industry.