Message from the Natural Resources Policy Director

An inside look at ICA’s 2023 priorities

Reviewing where ICA will be focusing efforts in the new year.

BY KAREN WILLIAMS ICA Natural Resources Policy Director

In life, we face varied and constant demands on our time. Typically, these demands add up to more than what a 24-hour day can accommodate. Because of this, we all, whether consciously or not, prioritize our actions so that our time and efforts are spent on those things that are both most pressing and most doable. Likewise, in representing Idaho’s cattle industry, the Idaho Cattle Association (ICA) faces an overabundance of issues that affect, or have the potential to affect, our members and their way of life. Not only does it make good sense, but it is also out of necessity, that we annually undertake a process to establish our priority issues. Having a priority list provides staff and leadership with the necessary guidance to focus ICA’s resources on the areas that have the greatest potential to affect Idaho’s cattlemen and on those issues that we can have the greatest effect upon.

The priority issues process starts with our members who have the opportunity to submit, review, discuss, and set our policy, in the form of resolutions, at our annual meetings. From there, ICA Committee Chairmen identify the key issues, and associated resolutions, from their respective committees. Rankings are then assigned to each issue after thorough review by the ICA Executive Committee. In turn, the recommended priority rankings are submitted to the ICA Board of Directors for their approval. These top issues are ranked in priority order of 1, 2, and 3. A ranking of number one is considered a top priority for ICA staff and leadership, and we will do all that we can to accomplish the needs of that issue. These issues are those that are the most urgent and most timely. The number two and three rankings follow sequentially in order of the amount of staff time and emphasis ICA will place on those issues.

The finalized priority list is listed below with a brief explanation of our key issues. Please feel free to contact any ICA staff, board member, or committee leader at any time if you have questions about our efforts on any of these, or other issues.

TOP PRIORITIES (RANKING #1)

(Presented alphabetically according to ICA Committee/Council) • Idaho Brand Department (Cattle Health)

ICA will continue to support Idaho’s brand laws and the Idaho Brand Department. We will remain engaged in discussions with the Department as they review their management and consider efficiencies to allow them to continue operating on a tightening budget.

• BLM Grazing Regulations(Federal & State Lands)

For years, ICA has been involved in developing industry recommendations to the BLM grazing regulations. The effort to revise the regulations stalled for a couple years, but the BLM has taken it up again and is expected to release a proposed rule in 2023. ICA will need to take a lead in continuing to advocate for the needed changes to streamline grazing permit administration. There will be strong opposition to these changes, and we will need to be strong and persistent in our support and encourage ICA members to engage during the public process.

• Recreation (Federal & State Lands)

As Idaho’s population expands, demand for outdoor recreational opportunities exponentially increases. The increase in recreation has disrupted land management on public and private lands, has adversely affected ranching operations, and has created many challenges which are further compounded by a lack of enforcement and education. In 2023, ICA will need to continue working on this to develop

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collaborative solutions with other land users and recreational groups. We’ll also seek for the establishment of a task force to enact more meaningful, focused management of recreation.

• Rangeland Improvement Program (Federal & State Lands Committee)

ICA staff and leadership have explored the possibility of creating a Rangeland Improvement Fund, modeled after Utah’s successful Grazing Improvement Program. To establish the program, state legislation would need to be passed to establish a Rangeland Improvement Fund to be used to coordinate across land ownership types, to facilitate range improvement projects, and provide for continued grazing use of Idaho’s lands. The program would create state and regional grazing advisory boards which would be overseen by the state to provide advice and recommendations for fund disbursements. The fund would enable the state and permittees to better leverage available government dollars and private grants to achieve its purposes. In order for this to happen, ICA would have to spearhead the legislation and work to get it approved.

• Climate Change Regulations (Private Lands & Environment Committee)

Due to pressure from politicians and environmentalist organizations, climate change has become one of the most discussed environmental issues of our day. The Biden administration will continue to seek to use this issue as the catalyst for enforcing various regulatory requirements that have the potential to greatly impact Idaho’s cattle industry. It appears as a consideration in various NEPA documents related to grazing, species, and agricultural practices documents. ICA must stay on top of the issue to both explain the benefits of a stable cattle industry in promoting land conservation and to protect against unjustifiable laws, policies, and regulations that place unnecessary burdens on cattle producers, particularly as the “America the Beautiful” and 30x30 plans from the Biden Administration continue to develop.

• Sage Grouse (Wildlife Committee)

The sage grouse issue is heating back up again, and ICA will need to remain heavily involved in this issue. The sage grouse resource management plan (RMP) for Idaho, instituted under the Trump admistration, which brought the plan into alignment with the previously developed state plan, has been litigated and we will continue to support the efforts of the state in this case and defend the state plan which ICA has played a heavy role in developing. In November 2021, the BLM announced its intent to revise the sage grouse land use plans. This process appeared to have stalled in 2022, but the administration is now moving to have a draft rule for review by summer 2023. ICA will need to be heavily involved in providing comments and in engaging with the state and our partners. We will also need to be proactive in explaining the benefits of grazing to sage grouse, which includes our involvement in supporting the University of Idaho spring grazing and sage grouse study.

• Idaho Fish & Game Department (Wildlife Committee)

It is important for ICA to foster goodwill between our industry, IDFG, and sportsmen. ICA will need to continue to focus on maintaining a good working relationship with IDFG in order to effectively address our concerns. With the recent announcement of the pending retirement of IDFG director, Ed Schriever, ICA will engage in the replacement process to ensure that the incoming director has a clear understanding of our industry’s concerns and the benefits of Idaho’s ranching industry to wildlife. Pervasive issues such as respect for private land, elk depredation, wolf management, and landowner appreciation & assistance underscore this need. We will also continue discussions with IDFG to encourage them to recognize and utilize the importance of continued grazing to manage land the department owns.

• Grass Futurity (All Committees)

ICA’s Grass Futurity contest has become ICA’s primary fundraising source. Funds raised this year through the contest were used to fund our political action committee, legal fund, the Beef Counts humanitarian program, and are earmarked to fund ICA’s development of an Idaho cattle industry economic impact study. 2023 will mark the 11th annual Grass Futurity contest. This year’s contest will continue at the UI Nancy M. Cummings Research Ranch in Salmon. This fun and competitive event has grown into the primary fundraising source for ICA.

• Membership (All Committees)

Membership is the life blood of ICA and will always be a top priority for our association. Without sustaining and increasing our membership, it will be difficult to give adequate attention to these top issues facing our industry.

SECOND PRIORITY RANKINGS

• University of Idaho Agriculture and Natural Resources Programs (Several committees contain related resolutions)

Several ongoing activities keep our relationship with the University of Idaho College of Agricultural and Life Sciences (CALS) and College of Natural Resources (CNR) a priority. We will need to continue to pursue equitable return from CALS for our industry. Particularly in light of the recent $40 million grant awarded to CALS to incentivize “climate smart agriculture”, ICA will need to provide direction on the use of these funds as they relate to the cattle industry. Additionally, the Rangeland Center has the potential to provide great assistance to Idaho ranchers who graze on rangelands but needs direction to make it a useful tool for our industry. As a foundational supporter of Rock Creek Ranch, ICA will need to continue to support and encourage the University of

Idaho’s involvement in the development and management of the ranch to operate a premier, one-of-a-kind rangeland, wildlife, and livestock research facility that pursues priority research important to the cattle industry. Further, the new Meat Science and Innovation Center is under construction and merits the support of ICA in the meat science program.

• Renewable Energy Development (Federal & State Lands)

Renewable energy project development has been prioritized by the Biden administration which is creating an influx of development proposals on Idaho’s state and federal lands. These projects, and the association infrastructure development, have the potential to displace livestock grazing in the short term and have the potential for long term consequences limiting grazing on the land on which the development occurs. ICA will need to actively participates in the public processes regarding energy development to assert our priorities regarding multiple use, the economic and conservation value of continued livestock grazing, and no net loss of grazing AUMs.

• Wildfires&FuelsManagement (Federal & State Lands Committee)

ICA needs to continue being a leader on this issue in encouraging use of prescriptive grazing, fuel breaks, and other methods to better control and prevent wildfires, particularly in light of the sage grouse issue. It is also important the rehabilitation efforts and funds are dedicated to restoring grazing allotments and providing the necessary infrastructure and seed mixes to do so. We also must continue to lend support to existing RFPAs, and for creating new RFPAs. RFPAs have created a tremendous amount of goodwill towards our industry, and we need to capitalize on this.

• Land Conversion to Non-Agricultural Uses (Private Lands & Environment Committee)

Idaho is growing in population at the fastest rate in the nation. This is not welcome news, but is something that we must plan and prepare for as a state and an industry. We must work toward the implementation of laws and policies in Idaho that better promote and protect continued agricultural use and open spaces. At the same time, we must guard against government land acquisition that takes land out of production, along with private enterprise purchasing of land with the intent of removing agriculture.

• Water Rights (Private Lands & Environment Committee)

The general protection of water rights is also an increasing concern with a growing population, and an ongoing specific issue that relates to the protection of stockwater rights. In 2017, the Idaho legislature approved legislation that codified the Joyce Livestock Supreme Court decision to make it available to permittees across the state of Idaho to file for stock water rights on federal lands. During the 2020 legislative session, the law was amended to authorize IDWR to engage in forfeiture proceedings. The amendment further allowed permittees to claim to be an agent of the federal government to avoid forfeiture process. Consequently, the BLM and Forest Service issued agent agreements for permittees to sign. There continues to be many questions on this issue and there is need for greater clarity on the impacts of both the law and the associated agreement. To further complicate the issue, in November 2021, the federal government filed a motion asking the SRBA court to begin adjudicating all deferred domestic and stockwater claims throughout the SRBA, which could be a signal that the feds are planning to contest private stockwater claims on federal lands. Then, in June 2022, the federal government filed an additional suit that contends that the state’s forfeiture procedure violates the U.S. Constitution’s supremacy clause and seeks to nullify Idaho’s stockwater laws. The Idaho legislature has intervened in this case. ICA must continue to facilitate discussion between state leadership and the federal agencies to ensure that the right to water livestock on federal land and to develop water improvements is protected.

THIRD PRIORITY RANKINGS

• Nutrient Management Planning (Feeder Council)

Following the 2019 Legislative Session the state of Idaho went through a rules review process. The rules governing beef cattle feeding operations were renewed during the 2020 legislative session, however in the process, it was determined that the need to make changes may be necessary to keep the rule up to date with the current science on the matter. This issue, and other updates to the nutrient management plan standards were considered through a negotiated rulemaking process in 2022 in which ICA played an active role. The rules will be finalized during the 2023 legislative session and ICA will need to follow this issue to ensure it is passed by the legislature.

• Transportation of Feed & Livestock (Feeder Council)

A crisis for livestock producers across the country was narrowly averted in December when the potential rail strike was averted with the help of congressional intervention and the Biden administration to approve a deal between the railroads and the unions. The impact of a rail strike would have impacted all sectors of the U.S. economy (to the tune of $2 billion per day) but would have been particularly harsh on Idaho cattle producers who rely on the transportation of corn into the state. This near disaster brought further to light our industry’s reliance on seamless transportation of goods and services across the country, how tenuous our stability is, and the need for constant vigilance by ICA and NCBA on transporation issues. Additionally, on the transportation front, the U.S. Department

of Transportation recently denied an exemption, which has been in place for the past few years, to allow additional time on the road for truckers transporting livestock, insects and aquatic animals and make them exempt from some Hours-of-Service rules. ICA will continue to work in partnership with NCBA to continue to look at any possible legal or Congressional recourse.

• Federal Grazing Permit Litigation (Federal & State Lands Committee)

The protection of grazing rights on federal lands remains an ever-present issue for ICA. At times, when the land management agencies propose decisions that could have repercussions across the west for permittees, we engage in litigation, in cooperation with the affected permittees. We remain involved in litigation seeking protection of continued grazing on federal lands including the Owyhee 68 permits and the BECO permits.

• Cattle Market (Marketing Committee)

Disruptions to the cattle market by outside economic forces have highlighted the need for clear policy on market influences and price discovery. Additionally, it has become increasingly clear that our industry must find ways to increase competition amongst the concentrated packing industry, without government intervention, to ensure that livestock producers are receiving their fair share of the beef dollar. As these discussions continue to heat up across our industry nationwide, ICA will need to remain engaged in the conversation to ensure that our current policy opposing artificial intervention measures in the marketplace is upheld.

• Clean Water Act/WOTUS (Private

Lands & Environment Committee)

In 2011, EPA issued new regulations for “waters of the United States”. The regulations, known as WOTUS, had the potential to increase federal jurisdiction of water and greatly impact private property rights. Following years of litigation, in 2019 the WOTUS rule was repealed. In 2020, WOTUS was replaced with the Navigable Waters Protection Rule (NWPR) which, overall is beneficial to the cattle industry compared to the 2011 rule. In November 2021, the Biden administration announced a proposal to repeal and redefine WOTUS. The final rule is expected in early 2023. Concurrently, the Supreme Court has heard a case challenging EPA’s jurisdiction over water on private land. The Court decision is expected in early 2023. ICA will continue to work with NCBA to urge the EPA to halt their rulemaking to allow for a single rule that represents the will of the stakeholders and the will of the Court.

• Wolf Management (Wildlife

Committee)

Wolf populations in Idaho continue to expand. As they do so, predation on livestock and wildlife also increases on a similar trajectory. The effects of this wolf predation are not adequately mitigated in the state. Only a fraction of livestock losses can be confirmed, other negative impacts on livestock production are not adequately accounted for, and opportunities for big game hunting are reduced. For these reasons, ICA worked to pass state legislation in 2021 to make wolf management more effective. Since then, lawsuits have been filed against the new law and the U.S. Fish & Wildlife Service has initiated a 12-month status review of the species. ICA will need to continue to defend against unwarranted erroneous attacks on the state law and find ways to help ranchers protect their livestock from depredation.

As always, please feel free to contact ICA staff or leadership if you have any questions about our efforts on any of these issues. Rest assured that we are doing our best to work on your behalf every day in protecting your ability to raise livestock and pursue your livelihood. These priorities help keep us focused in doing so. Here’s to a prosperous new year for Idaho cattle producers!

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